Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-01-17-Speech-2-325"
| Predicate | Value (sorted: default) |
|---|---|
| rdf:type | |
| dcterms:Date | |
| dcterms:Is Part Of | |
| dcterms:Language | |
| lpv:document identification number |
"en.20060117.23.2-325"2
|
| lpv:hasSubsequent | |
| lpv:speaker | |
| lpv:translated text |
".
I would like to thank the speakers this evening for their very important speeches. I shall make an appraisal of the basic amendments and, at the same time, reply to the main issues raised today.
Nonetheless, it should be noted that the practice applied today, at Community level, makes provision for public consultation with the interested parties during the drafting of Community policies. In addition, the definition of environmental plans and programmes is broad and covers programmes of a strategic nature.
The Commission cannot accept there is a need to call for public participation for plans and programmes funded by Community institutions, as provided for in Amendment 8. The Århus Convention refers to public participation for plans and programmes prepared by public authorities.
In addition, permission for infrastructure works with a significant environmental impact is granted at the level of the Member State, where public participation is provided for.
The Commission is able to accept in part Amendment 19, as regards the extension to the deadline for submitting comments within the framework of written consultations from 4 to 8 weeks. It can also accept Amendment 20 adding the obligation of the Community institution to take account of the results of public participation.
This specific obligation derives from the Århus Convention and corresponds to the Commission's current administrative practice.
The Commission cannot accept Amendment 23 extending the circle of organisations with the right to request an internal review from non-governmental organisations with the basic objective of protecting the environment to those which also or alternatively promote sustainable development.
This specific criterion would be very difficult to define and might cover a broad range of organisations for which there would be no justification in recognising, for environmental purposes, the right of access to such a review procedure.
The recognition of a special regime for environmental non-governmental organisations, the basic object of which is to defend environmental interests, is perfectly in keeping with the spirit of the Århus Convention.
Similarly, as regards the criteria for legalising non-governmental organisations, the Commission cannot accept the final amendment proposed by the rapporteur, namely that non-governmental organisations should develop activities in more than one Member State.
Even though it is true that the initial Commission proposal talked of activities at Community level, it became clear during discussions prior to the common position that such a decision would cause unjustified barriers to the right of access to justice.
As far as access to environmental information is concerned, the Commission cannot accept Amendments 4, 14 or 15, which aim to apply the regime of exceptions to the provisions of the 2003-2004 directive to access to environmental information and requests for information addressed to Community institutions.
The Commission is satisfied with the present provision in the common position, which talks of the Community dimension of the environmental objective which the non-governmental organisation should promote within the Community.
Finally, Amendments 22, 24 and 25 refer to the outcome of the internal review of administrative acts adopted by the Community institutions in accordance with Article 10 and how they relate to the provisions on access to the Court of Justice in accordance with Article 12.
For the reasons I have already mentioned at the beginning of my statement, the Commission cannot accept them because they would exceed provisions governing the legalisation of litigants under the Convention.
The Commission can accept in principle Amendments 26 and 27 concerning adaptation to the rules of procedure and the date of entry into force of the regulation.
I shall send the European Parliament Secretariat a full list of the Commission's views on the amendments.
The proposed regulation is being extended so that existing Community legislation on access to documents, as provided for in Regulation No 1049/2001, covers all Community institutions.
The specific amendments by the European Parliament could bring about, as a corollary, the creation of two, partially overlapping regimes of access to documents, which would not help transparency and legal clarity.
The new Article 6 of the common position already covers the exceptions in question and access to environmental information; these exceptions must be expressly clarified anyway in accordance with the requirements of the Århus Convention.
Amendments 7 and 12, which aim to include in the definition of environmental information the degree of progress of access procedures cannot be accepted. There is no such provision in the Århus Convention. Similarly, access procedures are not environmental information per se.
Nonetheless, it should be noted that it is the Commission's practice to publish on its website information relating to access procedures for all policy sectors.
The Commission can accept Amendment 16 making provision for a deadline of 15 working days for persons applying for access to be informed, if the Community institution does not have the information requested, and to be referred to the public authority which appears to have the information in question.
As far as public participation is concerned, the Commission cannot accept its extension to policies, as called for in Amendment 5 and, partially, in Amendments 19 and 20. The Århus Convention encourages public participation in the preliminary preparation of policies within the framework of a best effort clause. This is a broad meaning and no such requirement is contained in the legislation addressed to Member States."@en1
|
Named graphs describing this resource:
The resource appears as object in 2 triples