Concerning: Commission proposals on
                  - A Directive on Access to Justice in Environmental Matters
                  - A Regulation concerning the application of the provisions of the
                    Aarhus Convention to EC institutions

Dear Commissioner,

At this moment, two important proposals are in interservice consultation that could give Europe’s citizens more of a chance to help protect their environment. Both proposals are necessary to implement the Aarhus Convention. One proposal is addressed to Member States, the other applies to EU institutions.

On Sunday 26 January in Brussels, the European Environmental Bureau (EEB) held a meeting with environmentalists and legal experts from across Europe to discuss these ‘Access to Justice’ proposals. The meeting revealed a real need for these proposals to improve the opportunities for citizens and environmental organisations to seek remedies where necessary through the Courts.

At the same time, there is a need to strengthen the proposals now under consideration. We urge the following improvements be adopted in order to:

1. Clarify that the scope of the Directive applies to law, that is legislation as well as regulations and administrative measures;
2. Fully implement the requirements of the Aarhus Convention by including in the Directive the possibility to challenge actions by private persons or entities as well as public authorities, in the same way as art. 9.3 of the Convention provides for;
3. Follow the Aarhus provisions precisely in defining those citizens and organisations that have the right to bring an action;
4. Remove any references from the draft Directive and Regulation to "qualified entities" for the purposes of bringing actions, since this could create new barriers to access.
5. Advance more concrete proposals regarding removing existing barriers to access to justice such as the excessive length and costs of procedures."

We urge you to adopt these two strong and effective instruments to bring Community law into line with the requirements of the Aarhus Convention.

Sincerely,

John Hontelez
Secretary-general
European Environmental Bureau (EEB)