On 17 July 2017, the Council adopted a decision on the position of the European Union at the 6th session of the Meeting of the Parties to the Aarhus Convention (MoP-6) regarding a case brought before the Convention's Compliance Committee against the EU.

The Committee considers in this compliance case that the EU is in breach of the Convention's rules in not granting sufficient access to justice to environmental organisations and members of the public. The findings are outlined in a draft Aarhus decision, which will be submitted for consideration by the parties to the Convention at MoP-6.

Specifically, the Committee finds that neither the EU regulation 1367/2006 nor the jurisprudence of the Court of Justice of the European Union implements or complies with the obligations established under the Convention.

In the Council decision, the EU - with all member states in unanimity - accepts the draft Aarhus decision, subject to some amendments in order to clarify inter alia that the Meeting of the Parties does not intend to require the EU to interfere with the independence of its judiciary.

The EU and its member states reiterate their full commitment to the principles and objectives of the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters, as well as their unwavering respect for its compliance mechanism.

The Commission made a statement to the Council minutes.

During the forthcoming MoP-6 to be held in Budva (Montenegro) on 11-15 September 2017, the EU will present its position as a conditional acceptance of the draft Aarhus decision and stands ready to work in a constructive and positive manner with the Convention's Compliance Committee and other parties at the meeting. In case of a vote, the EU will cast it for the 28 member states collectively on this matter.

Next steps

This Council decision enters into force immediately after its adoption and will be published in the EU Official Journal as soon as possible.

The Council will now communicate this decision to the Aarhus Convention Secretariat in the context of the ongoing MoP-6 preparations.

Background

The Aarhus Convention is a multilateral agreement aiming to guarantee the public rights on access to information, access to public participation and access to justice in environmental matters. Together with the Protocol on Pollutant Release and Transfer Registers, the Convention is one of the two legally binding international instruments that put into effect and implement principle 10 of the Rio Declaration on Environment and Development.

The Convention entered into force in 2001 and has 47 parties from Europe and Central Asia. These include the 28 EU member states and the EU, which approved it on 17 February 2005. At EU level, the Convention obligations are implemented through regulation 1367/2006, known as the Aarhus regulation.

In 2008, the non-governmental organisation Client Earth brought a case to the Convention's Compliance Committee concerning insufficient compliance by the EU with its obligations under the Convention. After lengthy discussions, the Committee submitted its findings to the EU on 17 March 2017.

The Commission presented a proposal for this Council decision on 29 June 2017, proposing a negative vote on the endorsement of the findings in this compliance case. The Council has unanimously reached a decision to amend this proposal.