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The new directive on public access to environmental information (Directive 2003/4/EC) entered into force on 14 February 2005, thus becoming binding for all European Union Member States.
The directive replaces an earlier directive dating from 1990 (Directive 90/313/EEC) and strengthens the existing EU rules in this area, aligning them with the environmental information requirements of the 1998 Aarhus Convention. This Convention grants the public access to environmental information, provides for public participation in environmental decision-making and ensures access to justice when environmental law is infringed.
Examples of such information are data on emissions into the environment, their impact on public health and the results of environmental impact assessments.
The main features of the new directive can be summarised as follows:
It grants a right of access to environmental information (as opposed to freedom of access currently) and to ensure that environmental information is made available and disseminated actively to the public;
It provides a broader definition of environmental information as well as a more detailed definition of public authorities
It establishes a deadline of one month (reduced from two currently) for public authorities to supply the information requested;
It clarifies the circumstances under which authorities may refuse to provide information. Access to information shall be granted if the public interest served by the disclosure outweighs the interest served by a refusal;
It identifies two types of review procedures for the public to challenge acts or omissions of public authorities relating to requests for environmental information.
Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC
In December, the Environment Council gave the green light for the EU to ratify the Aarhus Convention and also reached political agreement on a Regulation that will apply the Convention’s provisions to Community institutions and bodies. Besides public access to environmental information, the EU is also bringing itself into line with the two other dimensions of the Aarhus Convention. A directive on public participation in decision-making, adopted in 2003, will take effect in June 2005. A directive covering the third pillar of the Convention, access to justice in environmental matters, was proposed by the Commission in October 2003 and is still under discussion in the Council.
Written on 15 February 2005.



