A German court asked the Court of Justice a number of questions concerning the Aarhus Convention and Directive 2003/4 on access to environmental information.
|
|
Read more
|
The Belgian Constitutional Court had put a number of questions on the interpretation of the Aarhus Convention to the Court of Justice.
|
|
Read more
|
In 2005, the Commission sent a letter of formal notice to Germany, under the procedure of Article 258 TFEU. After the German answer, it closed the procedure.
|
|
Read more
|
In July 2010, two environmental organisations, Transport & Environment and ClientEarth, submitted a request for access to information to the European Commission, concerning fifteen documents related to tar sands, their CO2-emissions and how these would be addressed under Directive 2009/30 (emissions of fuels).
|
|
Read more
|
ClientEarth lodged a case with the General Court against the Council for refusing to grant us access to one of its legal service’s advice on the admissibility of the amendments proposed by the European Parliament within the review of Regulation 1049/2001 on access to documents held by EU institutions.
|
|
Read more
|
The ClientEarth Aarhus Centre, together with Friends of the Earth Europe, addressed a petition to the European Parliament, supported by 19 European civil society organisations from various sectors, about public access to documents, with particular focus on environmental information.
|
|
Read more
|
ClientEarth continued its campaign on the review of Regulation 1049/2001 on public access to documents. The Council is now examining the file including the first reading position of the European Parliament and should try to find a common position.
|
|
Read more
|
Under the Fisheries Partnership Agreements which the EU had agreed with a number of third countries, an ex-ante and ex-post evaluation is to be made for each of these Agreements.
|
|
Read more
|
The Emission Trading System (ETS) Directive 2003/87/EC offers Member States the opportunity to derogate from auctioning and to grant free allowances to the power sector in return of using the costs savings in modernisation of energy generation and diversification of energy mix; however, the Commission has to approve such decisions.
|
|
Read more
|
The European Court of Justice (ECJ) (joined cases C-177/09 to C-179/09 of 17 November 2011) was called by the Belgian Conseil d’Etat for a preliminary ruling to interpret the access to justice provision of Directive 85/337 on environmental impact assessments (EIA Directive). The provision allows decisions taken within an EIA and submitted to public participation to be challenged. The Court also interprets Articles 6 and 9 of the Aarhus Convention providing access to justice to the public in environmental matters. In all cases, the ECJ reiterates its findings adopted in joined cases C-128/09 to C-131/09, C-134/09 and C-135/09 Boxus, judgment of 18-10-2011.
|
|
Read more
|
In two cases versus the Commission (T-120/10 and T-449/10 orders of the General Court of 9 November 2011), ClientEarth alongside other NGOs, the European Federation for Transport and Environment, the European Environment Bureau (EEB) and BirdLife International, applied to the Commission for access to a number of documents concerning biofuels. The Commission only granted partial access to the documents without justifying its refusal properly. Two cases were brought before the General court.
|
|
Read more
|
In April 2011, ClientEarth and Pesticides Action Network Europe (PAN Europe) launched a case in the General Court of the European Union against the European Food Safety Authority (EFSA) (case T-245/11). The case has been brought because EFSA is not being transparent about decisions that led to guidance on the interpretation of EU law applying to pesticides. EFSA’s guidance will allow pesticides used in agriculture to reach the EU market disregarding evidence from independent scientists.
|
|
Read more
|
In 2009, a Spanish environmental organisation introduced a complaint to the Aarhus Convention Compliance Committee, arguing that Spain had infringed several provisions of the Aarhus Convention with regard to the procedure of constructing an oil refinery in Extremadura (ACCC/2009/36). In July 2010, the Compliance Committee concluded that during the procedure Spain had disregarded several provisions of the Convention. In the same month, the NGO sent a complaint to the Commission, requesting the opening of an infringement procedure against Spain. The Commission registered the complaint, but closed it in January 2011. The NGO then turned to the European Ombudsman.
|
|
Read more
|
In 2000, a Spanish citizen raised a complaint with the European Commission because the urban waste water in the municipality of Vera was not treated in compliance with Directive 91/271 concerning urban waste-water treatment. The Commission opened procedures against Spain which ended by a judgment of the Court of Justice of 8 September 2005 (C-416/02). The Court found that Spain was in breach of EU law, because the urban waste water in Vera did not undergo the necessary tertiary treatment and the zone of Rambla de Mojacar had not been declared sensitive area under Directive 91/271. As Spain did not take the necessary measures, the Commission started a new procedure under Article 260 of the Treaty on the Functioning of the European Union (TFEU).
|
|
Read more
|
On 15 December 2011, the European Parliament adopted its first reading position within the review of Regulation 1049/2001 on access to documents. This has been a long time coming since the Commission first adopted its proposal in 2008. The Commission's proposal restricts the scope of the right of access through different means. ClientEarth, Access Info Europe and Greenpeace, continue with their campaign, supported by 131 NGOs and a number of investigative journalists, and have welcomed the European Parliament vote.
|
|
Read more
|
The Aarhus Centre has warned both the Commission and the European Investment Bank of failure to comply with their obligation to actively disseminate environmental information through public registers - as required by the Aarhus Convention, Regulation 1049/2001 on access to documents and Regulation 1367/2006 applying the Aarhus Convention to EU institutions and bodies.
|
|
Read more
|
|
|
