Regulation 2021/1767 - Amendment of Regulation (EC) No 1367/2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
Contents
official title
Regulation (EU) 2021/1767 of the European Parliament and of the Council of 6 October 2021 amending Regulation (EC) No 1367/2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2021/1767 |
| Original proposal | COM(2020)642  |
| CELEX number i | 32021R1767 |
| Document | 06-10-2021; Date of signature |
|---|---|
| Publication in Official Journal | 08-10-2021; OJ L 356 p. 1-7 |
| Signature | 06-10-2021 |
| Effect | 28-10-2021; Entry into force Date pub. +20 See Art 2 29-04-2023; Application Partial application See Art 2 |
| End of validity | 31-12-9999 |
8.10.2021 |
EN |
Official Journal of the European Union |
L 356/1 |
REGULATION (EU) 2021/1767 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 6 October 2021
amending Regulation (EC) No 1367/2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
The Union and its Member States are Parties to the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (‘the Aarhus Convention’) (3), each with its own as well as shared responsibilities and obligations under that Convention. |
(2) |
Regulation (EC) No 1367/2006 of the European Parliament and of the Council (4) was adopted in order to contribute to the implementation of the obligations arising under the Aarhus Convention by laying down rules on its application to Union institutions and bodies. |
(3) |
In its communication of 11 December 2019 on the European Green Deal, the Commission committed itself to considering revising Regulation (EC) No 1367/2006 to improve access to administrative and judicial review at Union level for citizens and environmental non-governmental organisations that have specific concerns about the compatibility with environmental law of administrative acts that have effects on the environment. The Commission also committed to taking action to improve the access of citizens and non-governmental organisations to justice before national courts in all Member States. To that end, it issued the communication of 14 October 2020 on improving access to justice in environmental matters in the EU and its Member States, in which it affirms that ‘access to justice in environmental matters, both via the Court of Justice of the EU (CJEU) and the national courts as Union courts, is an important support measure to help deliver the European Green Deal transition and a way to strengthen the role which civil society can play as watchdog in the democratic space’. |
(4) |
Without prejudice to the CJEU’s prerogative to apportion costs, court proceedings under Regulation (EC) No 1367/2006 are not to be prohibitively expensive, in line with Article 9(4) of the Aarhus Convention. Accordingly, the Union’s institutions and bodies will endeavour only to incur and thus to request reimbursement for reasonable costs in such proceedings. |
(5) |
Taking into account the provisions of Article 9(3) and (4) of the Aarhus Convention and the findings and advice of the Aarhus Convention Compliance Committee in case ACCC/C/2008/32, Union law should be brought into compliance with the provisions of the Aarhus Convention on access to justice in environmental matters in a way that is compatible with the fundamental principles of Union law and its system of judicial review. |
(6) |
By Decision (EU) 2018/881 (5) the Council requested a study on the Union’s options for addressing the findings of the Aarhus Convention Compliance Committee in case ACCC/C/2008/32, to be followed, if appropriate, by a proposal to amend Regulation (EC) No 1367/2006. Furthermore, the European Parliament requested the amendment of Regulation (EC) No 1367/2006 in its resolutions... |
More
This text has been adopted from EUR-Lex.
This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.
This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.
The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.
The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.