Recent developments in EU legislation relevant to the future development of

article 6 of the Aarhus Convention

European Commission, DG Environment, A2Compliance promotion, governance and legal

issues

Public participation under EU law an outline

• Plans, programmes: SEA, Directive 2003/35/EC, Water Framework Directive, Waste Framework Directive, Habitats Directive

• Individual decisions/projects: Habitats Directive, EIA, IPPC Directive

Public participation in EU law

• Two main solutions:• • AC Art.6(1) a) - list of activities in Annex I

• Examples in EIA Directive Annex I and IPPC Directive

Art. 6(1) b) - other activities „which may have a significant effect on environment”

• EIA Directive Annex II projects • „Parties shall determine whether such a proposed

activity is subject to...” (screening)

Public participation (2) in EU law

• - IPPC Directive (IED)

• - Scope: industrial activities• - No screening • - Public participation for activities covered those

that appear in the Annex

Recent developments: EIA – the review

• Improve the functioning of the EIA Directive by:

• - Simplify existing EIA procedures (i.e. screening)• - Reinforce the quality components of the EIA

process, provide more details and guarantees• - Consistency with other instruments, etc. • - options are being currently considered

Recent developments: Recent developments: Seveso IIISeveso III

Background: the "Seveso" accident happened in 1976 at a chemical plant in Seveso, Italy, manufacturing pesticides and herbicides. Main aim/scope: covering installations with a certain level of chemical activity

Public participation- public participation on specific individual projects and reference to Directive 2003/35/EC for public participation on general plans and programmes, -Public participation also on external emergency plans

Recent developments: Recent developments: Seveso III Seveso III (2)(2)

Access to justice – new provision, not linked to plans, only to individual decisions

Administrative and judicial review of the acts/omissions in relation to requests for any information held under the directive

At least judicial review of acts/omissions in relation to cases of public participation on specific individual projects

No access to justice in relation to public participation on general plans and programmes, unless otherwise provided under national law

Recent developments: Proposal Recent developments: Proposal for an Oil rig Regulation -for an Oil rig Regulation - COM/2011/0688 final - 2011/0309 (COD) 

• Scope: aim is to include oil drilling activities, authorisations, incuding not only extraction, to be seen if exploration activities will be covered

• Public participation: ideally both plans (less detailed rules) and individual projects (more detailed) shall be covered

• - reference is proposed to public participation provisions of EIA Directive and also of Directive 2003/35/EC/SEA on plans

• - safety emergency plans would also be included under public participation

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•Thank you for your attention!