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Access to information at EU law landscape – Member States level

 

Directive 2003/4/EC, which replaced the Directive 90/313/EEC Click here for more information!, transposes the provisions relating to the first pillar of the Aarhus Convention on access to environmental information. The overall objectives are to firstly guarantee the right of access to environmental information held by or for public authorities (so-called “passive” transparency) and secondly to ensure that environmental information is made public, especially through the use of electronic sources and the internet (so-called “active” transparency). Click here for more information!

The scope of the Directive is confined by 2 fundamental concepts:
‘environmental information’ and ‘public authorities’.

The definition of ‘environmental information’ is very broad encompassing all media and forms and every aspect of the environment leading to its far-reaching application (Article 2(I) of Directive 2003/4/EC). It includes general information regarding the state of environmental elements (air, water, biodiversity, etc.) factors (substances, noise, radiation, etc.) and human health and safety and it covers environmental administrative measures such as policies, legislation, environmental plans and programmes and reports of implementation of these measures. Click here for more information!

‘Public authority’ is also widely defined (Article 2(2) of Directive 2003/4/EC), and includes bodies without a specific environmental function or objective at all levels of government as well as private entities having public functions or responsibilities. Environmental information held on behalf of the public authorities should be accessible (Article 2(4) in connection with Article 3(I) of Directive 2003/4/EC).
NB: special regimes on access to environmental information exist.