The three pillars of the Aarhus Convention lie within the areas of authority of the European Union. As such, the European Community (EC) has been Party to the Convention since 17 February 2005. Its legislation was adapted to the Convention’s provisions. The implementation of the Aarhus Convention by the European Community takes the form of two groups of measures:
Measures taken with regard to EU Member States
In brief: which texts apply?
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Pillars of the Convention |
EU Directives |
Adaptation to Belgian law |
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Access to information |
2003/4/EC of 28/01/2003 |
Effective as from 14/02/2005 |
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Public participation |
2003/35/EC of 26/05/2003 |
Effective as from 25/06/2005 |
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Access to justice |
European Commission Directive Proposal COM (2003) 624: withdrawn by the European Commission on the 21st of May 2014 (see http://ec.europa.eu/environment/aarhus/legislation.htm) |
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In detail: the right to information
The first pillar of the Convention (access to information regarding the environment: Articles 4, 5 and 9.1) was adapted to European law through Directive 2003/4/EC of 28 January 2003 of the European Parliament and the Council.
More information:-
The reports (2009) on the implementation of Directive 2003/4/EC in Belgium:
Federal State (FR) - (Dutch), Brussels-Capital Region (FR) - (Dutch), Walloon Region (FR)
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In detail: public participation in decision-making
The second pillar of the Convention (public participation in decision-making: Articles 6, 7 and 9.2) was adapted to European legislation through Directive 2003/35/EC of 26 May 2003 of the European Parliament and the Council. The Directive currently in application adapts the entire Aarhus pillar on public participation in decision-making.Public participation during the development of plans and programmes relating to the environment.
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The article concerned in the Convention (Art. 7) has been adapted into Art. 2 of the European Directive.
Public participation during the assessment of risks to the environment posed by certain projects
This assessment must be carried out before giving these projects authorisation.-
The article concerned in the Convention (Art. 6) has been adapted into Art. 3 of the European Directive. Furthermore, the adaptation of the Convention to European legislation led to a modification in the Council’s Directive 85/337/EEC of 27 June 1985 concerning the assessment of risks to the environment posed by certain public or private projects.
Public participation during administrative procedures aimed at issuing an authorisation relating to certain industrial activities.
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The article concerned in the Convention (Art. 6) has been adapted into Art. 4 of the European Directive. Furthermore, the adaptation of the Convention to European legislation led to a modification in the Council’s Directive 96/61/EC of 24 September 1996 relating to the integrated prevention and reduction of pollution.
More information:
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In detail: access to justice
In 2003, the third pillar of the Convention (access to justice: Article 9.3) was addressed in a Directive Proposal on the part of the European Commission (COM (2003) 624). In 2014, the Commission has withdrawn this proposal in order to reconsider how this aspect of the Convention can be addressed more appropriately.
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Measures that apply to EC bodies and institutions
A draft regulation concerning application of the Convention to institutions and bodies of the European Community was the subject of an agreement between the Council, the Commission and the European Parliament in May 2006. The regulation entered into force on 28 September 2006. According to this regulation, and following the example of the Member States, all European institutions must apply the provisions of the Aarhus Convention on access to information, public participation in decision-making and access to justice regarding the environment. Not only are the Council, Parliament and Commission concerned, but also other institutions (such as the European Investment Bank) or bodies that depend on them (such as the European Environment Agency, European Food Safety Authority, etc.).
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