Access to Information
Access to Environmental Information at Member State Level
The Directive 2003/4/EC provides a right (freedom of access to information) and for a corresponding duty: Member States must provide general information to the public, e.g. through the periodic publication of descriptive reports (Article 7), on the state of the environment.
There are many other directives containing information requirements apart from the provisions in Directive 2003/4/EC. These differ significantly from the requirements of the freedom of information Directive. Under the Directive 67/548/EEC (as amended by Directive 92/32/EEC) on the packaging and labelling of dangerous preparations, any manufacturer intending to place certain dangerous substances on the market must notify the competent authority. Article 19 Directive 92/32/EEC states that if the competent authority considers that there is a confidentiality problem, the notifier may indicate the information which he considers to be commercially sensitive and disclosure of (might harm him industrially/commercially) and which he therefore wishes to be kept secret from all persons other than the competent authority and the Commission. In this case there is no question of a discretionary power to maintain confidentiality, but of a duty. The European Ecolabel Regulation also requires non-disclosure of certain information.
Examples of other such requirements: Article 20 of the Seveso II Directive, Article 25 of Directive 2001/18 on the deliberate release of GMOs.
The regime for public availability of data relating to the European Emissions Trading Scheme for greenhouse gases differs from that laid down in Directive 2003/4/EC.