Public Participation in Environmental Matters - Proposed EC Directive

Proposals for a European Community Directive on Public Participation in Certain Environmental Matters

In 1998, the UK signed the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the 'Aarhus Convention'). The European Community also signed this Convention in its own right. Further information on the Aarhus Convention can be obtained from the UNECE Secretariat website (www.unece.org/env/pp).

In order to implement the public participation provisions of the Aarhus Convention, the European Commission has proposed a new law (a 'Directive') that will transpose the relevant requirements of the Convention into EC law.

This proposed Directive will be subject to the co-decision process ie it will have to be agreed by both the Council of the European Union (in this case Environment Ministers from each Member State) and the European Parliament. The process has four stages (1st reading; 2nd reading, conciliation; and 3rd reading) during which Council and Parliament consider amendments to the Commission proposal and if they can agree each other's amendments the proposal can be adopted - further information on co-decision can be obtained from http://europa.eu.int/eur-lex/en/about/abc/abc_21.html and from http://europa.eu.int/prelex/aide.cfm?CL=en&page=codec - including helpful flow charts summarising the different stages.

Defra's Sustainable Development Unit is the lead policy section for the proposed Directive.

This page deals with the proposal and provides links to all the relevant documents. It will be updated as the proposal progresses and ultimately becomes law.

LATEST NEWS (last updated 25 November 2002)

This proposed Directive has now reached conciliation, as Council could not agree all of the amendments adopted by the European Parliament at its second reading. A text is anticipated early 2003.

Progress to date: 1st reading - European Parliament adopted its opinion on 23 October 2001; Council adopted a Common Position on 25 April 2002. 2nd reading - 5 September 2002.

See European Parliament Scrutiny section, below, for latest versions of Council, Commission and Parliament Texts.

HISTORY

EC Proposal

The proposal was adopted by the Commission on 18 January 2001. A Commission press release is available here with links to the full text of the proposal. The proposal had its first European Parliament reading on 23 October 2001. Council adopted a Common Position on the draft Directive on 25 April 2002.

The proposal will make small changes to the public participation procedure required under the Environmental Impact Assessment Directive (85/337/EEC as amended by 97/11/EC) and the Integrated Pollution Prevention and Control Directive (96/61/EC). It will also create a requirement to consult the public in drawing up the plans or programmes specified in 7 other Directives:

• the 1975 framework waste Directive (75/442)
• the 1991 batteries Directive (91/157)
• the 1991 agricultural nitrate pollution Directive (91/676)
• the 1991 hazardous waste Directive (91/689)
• the 1994 packaging Directive (94/62)
• the 1996 ambient air quality Directive (96/62/EC) and
• the 1999 waste landfill Directive (99/31)).

The UK strongly supports the objectives of the proposal. Most of the changes proposed are existing UK practice and so the effect of the proposal on UK law is considered to be minor.

UK Parliamentary Scrutiny

An Explanatory Memorandum was submitted to Parliament on 21 March 2001.

European Parliamentary Scrutiny

Use the public register of Council Documents to locate the latest versions of Council Texts.

The current stage of the European Parliament's consideration of the dossier COD/2000/0331 can be obtained using the European Parliament's Legislative Observatory. On this site can be found links to key European Parliament documents such as the report by the Committee on the Environment, Public Health and Consumer Policy.

Contact

Iain Notman
Sustainable Development Unit
Defra
5B/2 Ashdown House
123 Victoria Street
London SW1E 6DE
Tel 020 7944 6485
E-mail: sdudiv@defra.gsi.gov.uk