AGRICULTURE AND ENVIRONMENT (SUB-COMMITTEE
D)
AARHUS CONVENTION (14152/03)
Letter from Elliot Morley MP, Minister
of State for Climate Change and Environment, Department for Environment,
Food and Rural Affairs to the Chairman
I am writing to update you on the outcome of
the European Parliaments second reading of the proposal to apply
the Aarhus Convention to European Community institutions and bodies.
My letter to you of 24 January 2005[73]
set out the basis for the UK's agreement to the amended proposal.
The published common position text was sent to the Clerk to the
European Union Committee in September 2005. During the UK Presidency,
we concentrated, in co-operation with Council and the Commission,
on consultations with the European Parliament, with a view to
resolving any outstanding differences.
The European Parliament completed its second
reading of the Regulation on 18 January 2006, and the attachment
to this letter sets out the outcome in detail. The Government
considers it is satisfactory in some respect, but not in others.
Problematic amendments to the common position text relating to
the internal review and access to justice provisions of the Regulation
were not adopted. However, the European Parliament did pass a
number of amendments that, in our view, make the text less transparent
and less consistent with the Aarhus Convention. This applies particularly
to amendments relating to the Regulation's access to information
provisions.
These amendments would extend provisions of
Directive 2003/3 on access to environmental information, applying
to Member States, to the European Community institutions and bodies.
The approach taken in the common position text is to adapt provisions
of Regulation 1049/2001 regarding public access to the European
Parliament, Council and Commission documents to bring them into
line with the Convention's requirements. This approach has the
considerable advantage in terms of transparency and helpfulness
to the public of creating a single regime for access to both environmental
and non-environmental information held by Community bodies.
Council is currently discussing the scope for
compromise with the European Parliament on these unhelpful amendments
with a view to avoiding the need for conciliation if at all possible.
15 February 2006
Letter from Elliot Morley MP to the Chairman
I am writing to update you on the progress of
the European Parliament's second reading of the proposal to apply
the Aarhus Convention to European Community institutions and bodies.
My letter of 15 February 2006 updated you on
the European Parliament second reading of the Regulation. Subsequently,
the Commission, Council and European Parliament have entered into
discussions in trialogue to make progress on the outstanding issues,
Good progress has been made to date. For example,
mutually acceptable compromises seem to be within reach on the
Regulation's treatment of public participation in environment
"policies", the information given about "infringements"
of environment law, and the European Parliament's wish that NGOs
should be "law abiding". More work is required on how
information relating to "banking" is covered. However,
this and other issues seem likely to be settled in the final global
package. A further trialogue is foreseen for the last week of
April.
I will inform the Committee of any further significant
developments.
7 April 2006
Letter from Ian Pearson MP, Minister of
State for Climate Change and Environment, Department for Environment,
Food and Rural Affairs to the Chairman
I am writing to update you on progress with
completion of conciliation negotiations between Council and the
European Parliament on the above proposal.
Elliot Morley's letter of 7 April 2006 informed
you that there remained only a few issues requiring further conciliation
discussions. These issues have now been settled in line with the
UK government's objective for a proportionate approach to this
Regulation that does not go significantly beyond what is necessary
to meet the Community's obligations under the Arhus Convention.
The Conciliation Committee approved a final
draft of the Joint text on the Regulation at the meeting held
2 May 2006. This stage concludes the legislative process to apply
the Arhus Convention to the European Union Institutions and its
bodies. A copy of the text is attached.
12 June 2006
73 Correspondence with Ministers, 4th Report of Session
2005-06, HL Paper 16, p 193. Back
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