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Главная->Право->Содержание->Роль інституційного механізму у застосуванні права навколишнього середовища 129

Європейське право навколишнього середовища

Роль інституційного механізму у застосуванні права навколишнього середовища 129

i) which are subject to preparation and/or adoption by a Community institution or body,

ii) which are required by legislative, regulatory or administrative provisions,

iii) and which contribute to, or are likely to have significant effects on, the achievement of the objectives of Community environmental policy, as laid down in Decision N° 1600/2002/EC of the European Parliament and of the Council, or in any subsequent general environmental action programme. General environmental action programmes shall also be considered as ‘plans and programmes relating to the environment’. This definition shall not include financial or budget plans and programmes, or internal work-programmes of a Community institution or body.

g) “environmental law” means any Community legislation which has as its objec­tive the protection or the improvement of the environment including human health and the protection or the rational use of natural resources in areas such as:

i) water protection

ii) noise protection

iii) soil protection

iv) atmospheric pollution

v) town and country planning and land use

vi) nature conservation and biological diversity

vii) waste management

viii) chemicals, including biocides and pesticides

ix) biotechnology

x) other emissions, discharges and releases into the environment

xi) environmental impact assessment

xii) access to environmental information and participation in decision-making;

h) “administrative act” means any administrative measure taken under envi­ronmental law by a Community institution or body having legally binding and external effect.

i) “administrative omission” means any failure of a Community institution or body to take administrative action under environmental law, where it is legally required to do so;

2. Administrative acts and administrative omissions shall not include measures taken by a Community institution or body in its capacity as an administrative review body such as under:

– Articles 81, 82, 86 and 87 EC Treaty (competition rules);

– Articles 226 and 228 EC Treaty (infringement proceedings);

– Article 195 EC Treaty (Ombudsman proceedings);

– Article 280 EC Treaty (European Anti-fraud Office proceedings).

   

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TITLE II

ACCESS TO ENVIRONMENTAL INFORMATION

Article 3

Application of Regulation (EC) No 1049/2001

Regulation (EC) No 1049/2001 shall apply to any request by an applicant for access to environmental information held by or for Community institutions and bodies without discrimination as to citizenship, nationality or domicile and, in the case of a legal person, without discrimination as to where it has its registered seat or an effective centre of its activities.

For the purposes of this Regulation, the word “institution” in Regulation (EC) No 1049/2001 shall be read as “Community institution or body”.

Article 4

Collection and dissemination of environmental information

1. Community institutions and bodies shall organise the environmental information which is relevant to their functions and which is held by or for them, with a view to its active and systematic dissemination to the public, in particular by means of computer telecommunication and/or electronic technology in accordance with Articles 11(1) and (2), and 12 of Regulation (EC) No 1049/2001. They shall make this environmental information progressively available in electronic databases that are easily accessible to the public through public telecommunication networks. To this end, they shall place the environmental information that they hold on databases and provide these with search aids and other forms of software designed to assist the public in locating the information they require. The information made available by means of computer telecommunication and/or electronic technology need not include information collected before the entry into force of this Regulation unless it is already available in electronic form. Community institutions and bodies shall make all reasonable efforts to maintain environmental information held by or for them in forms or formats that are readily reproducible and accessible by computer telecommunications or by other electronic means.

2. The environmental information to be made available and disseminated shall be updated as appropriate. In addition to the documents listed in Article 12(2) and (3) and in Article 13(1) and (2) of Regulation (EC) No 1049/2001, the databases or registers shall include the following:

a) progress reports on the implementation of:

i) international treaties, conventions or agreements, and of Community, national, regional or local legislation, on the environment or relating to it,

ii) policies, plans and programmes relating to the environment;

b) reports on the state of the environment as indicated in paragraph 4;

c) data or summaries of data derived from the monitoring of activities affecting, or likely to affect, the environment;

d)  authorisations with a significant impact on the environment and environmental agreements or a reference to the place where such information can be requested or accessed;

   

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e) environmental impact studies and risk assessments concerning environmental elements or a reference to the place where such information can be requested or accessed.

3. In appropriate cases, Community institutions and bodies may satisfy the requirements of paragraphs 1 and 2 by creating links to Internet sites where the information can be found.

4. The Commission shall ensure that, at regular intervals not exceeding 4 years, a report on the state of the environment, including information on the quality of, and pressures on, the environment is published and disseminated.

Article 5

Quality of the environmental information

1. Community institutions and bodies shall, so far as is within their power, ensure that any information that is compiled by them or on their behalf and that is published is up to date, accurate and comparable.

2. Community institutions and bodies shall, upon request, either inform the applicant of the place where information on the measurement procedures, including methods of analysis, sampling and pre-treatment of samples, used in compiling the information can be found, if it is available, or refer to a standardised procedure that has been used.

Article 6

Requests for access to environmental information which is not held by a Community

institution or body

Where a Community institution or body receives a request for access to environmental information and where this information is not held by or for that Community institution or body, it shall, as promptly as possible, inform the applicant of the Community institution or body or the public authority within the meaning of Directive 2003/4/EC to which it believes it is possible to apply for the information requested or transfer the request to the relevant Community institution or body or the public authority and inform the applicant accordingly.

Article 7 Cooperation

In the event of an imminent threat to human health or the environment, whether caused by human activities or due to natural causes, Community institutions and bodies shall, upon request of public authorities within the meaning of Directive 2003/4/EC, collaborate with and assist those public authorities in order to enable the latter to disseminate immediately and without delay to the public that might be affected all environmental information which could enable the public to take measures to prevent or mitigate harm arising from the threat to the extent that this information is held by or on behalf of Community institutions and bodies and/or those public authorities. The first subparagraph shall apply without prejudice to any specific obligation laid down by Community legislation in particular by Decision No 2119/98/EC and by Decision No 1786/2002/EC.

   

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TITLE III

PUBLIC PARTICIPATION IN THE PREPARATION BY COMMUNITY INSTITUTIONS AND BODIES OF PLANS AND PROGRAMMES RELATING TO THE ENVIRONMENT

Article 8

Community institutions and bodies shall make appropriate practical and/or other provisions for the public to participate during the preparation of plans and programmes relating to the environment. The provisions to be made to this end:

a) shall include reasonable timeframes, allowing sufficient time for informing the public of the plans and programmes to be prepared and the modalities of its participation, and for the public to participate effectively in the preparation of the plans and programmes relating to the environment;

b)  shall enable public participation at an early stage, when all options are open;

c) shall provide that in the decision-making on the plan or programme relating to the environment, due account is taken of the outcome of public participation;

d) shall identify the public which may participate, including relevant nongovern­mental organisations such as those promoting environmental protection.

TITLE IV

ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS

Article 9

Request for internal review of administrative acts

1. Any qualified entity who has legal standing according to Article 10 and who considers that an administrative act or an omission is in breach of environmental law is entitled to make a request for internal review to the Community institution or body that has adopted the act or, in case of an alleged omission, should have acted. Such request must be made in writing and within a time limit not exceeding four weeks after the administrative act was adopted, or, in the case of an alleged omission, four weeks after the date when the administrative act was required by law. It shall specify the alleged breach of environmental law as well as the content of the review decision sought.

2. The Community institution or body referred to in paragraph 1 shall consider any such request, unless the request is clearly unsubstantiated. It shall issue as soon as possible, but no later than twelve weeks after receipt of the request, a decision in writing on the measure to be taken to ensure compliance with the environmental law, or on its refusal with regard to the request. The decision shall be addressed to the qualified entity that has made the request; it shall explain the reasons for the decision.

3. Where the Community institution or body is unable, despite due diligence, to take a decision on a request for internal review within the period mentioned in paragraph 2, it shall inform the qualified entity which made the request as soon as possible and at the latest within the period mentioned in that paragraph, of the reasons for not being able to take that decision and when it intends to decide on the request.

   

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4. The Community institution or body shall take a decision on a request for internal review, considering the nature, extent and gravity of the breach of the environmental law within a reasonable time frame, but not exceeding eighteen weeks from receipt of the request. It shall immediately inform the qualified entity of its decision on the request.

Article 10 Legal standing

A qualified entity shall be entitled to make a request for internal review according to Article 9, without having a sufficient interest or maintaining the impairment of a right, provided that:

a) it is recognised in accordance with Articles 12 and 13, and

b) the subject matter in respect of which a request for internal review is made is covered by its statutory activities.

Article 11

Proceedings before the Court of Justice

1. Where the qualified entity which made a request for internal review according to Article 9 considers that a decision by the Community institution or body in response to that request is insufficient to ensure compliance with environmental law, the qualified entity may institute proceedings before the Court of Justice in accordance with Article 230(4) EC Treaty, to review the substantive and proce­dural legality of that decision.

2. Where a decision on a request for internal review made according to Article 9 has not been taken by the Community institution or body within the period mentioned in that Article, the qualified entity may institute proceedings before the Court of Justice in accordance with Article 232(3) EC Treaty.

Article 12

Criteria for recognition of qualified entities

In order to be recognised, a qualified entity shall comply with the following criteria:

a) It must be an independent and non-profit-making legal person, which has the objective to protect the environment;

b) it must be active at Community level;

c) it must have been legally constituted for more than two years and, during that period, have been actively pursuing environmental protection according to its statutes;

d) it must have its annual statement of accounts for the two preceding years certified by a registered auditor.

In order to be considered as active at Community level, where a qualified entity is active in the form of several co-ordinated associations or organisations with a structure that is based on membership, those associations or organisations must cover at least three Member States.

Article 13

Procedure for recognition of qualified entities

1. The Commission shall adopt the necessary provisions to ensure an expeditious recognition of a qualified entity where it meets the criteria set out under Article 12.

   

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