Contents 

Council of Europe

European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (Article 10)

Council of Europe Recommendation (2002)2 of the Committee of Ministers to Member States on Access to Official Documents of 21 February 2002

Recommendation No. R (81) 19 of the Committee of Ministers to Member States on the Access to Information Held by Public Authorities of 25 November 1981

 

European Union

Charter of Fundamental Rights of the European Union of 2000 (Article 11)

European Community Treaty - Amsterdam Treaty of 1997 (Article 255)

Regulation (EC) No. 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding access to European Parliament, Council and Commission documents

Green Paper – Public Access to Documents held by Institutions of the European Community of the Commission of the European Communities of 18 April 2007

 

Environmental Information

Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC

United Nations Economic Commission for Europe’s Convention on Access to Information, Public Participation in Decision-making and Access to justice in Environmental Matters of 1998 - Århus Convention (Article 4, 5, 6, 7, 8, 9)

Texts 

Council of Europe

European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (Article 10)

Article 10

Praragraph 1

Everyone has the right to freedom of expression. this right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

Paragraph 2

The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

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Council of Europe Recommendation (2002)2 of the Committee of Ministers to Member States on Access to Official Documents of 21 February 2002

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage;

Bearing in mind, in particular, Article 19 of the Universal Declaration of Human Rights, Articles 6, 8 and 10 of the European Convention on Human Rights and Fundamental Freedoms, the United Nations Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (adopted in Aarhus, Denmark, on 25 June 1998) and the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981 (ETS No. 108); the Declaration on the freedom of expression and information adopted on 29 April 1982; as well as Recommendation No. R (81) 19 on the access to information held by public authorities, Recommendation No. R (91) 10 on the communication to third parties of personal data held by public bodies; Recommendation No. R (97) 18 concerning the protection of personal data collected and processed for statistical purposes and Recommendation No. R (2000) 13 on a European policy on access to archives;

Considering the importance in a pluralistic, democratic society of transparency of public administration and of the ready availability of information on issues of public interest;

Considering that wide access to official documents, on a basis of equality and in accordance with clear rules:

- allows the public to have an adequate view of, and to form a critical opinion on, the state of the society in which they live and on the authorities that govern them, whilst encouraging informed participation by the public in matters of common interest;

- fosters the efficiency and effectiveness of administrations and helps maintain their integrity by avoiding the risk of corruption;

- contributes to affirming the legitimacy of administrations as public services and to strengthening the public’s confidence in public authorities;

Considering therefore that the utmost endeavour should be made by member states to ensure availability to the public of information contained in official documents, subject to the protection of other rights and legitimate interests;

Stressing that the principles set out hereafter constitute a minimum standard, and that they should be understood without prejudice to those domestic laws and regulations which already recognise a wider right of access to official documents;

Considering that, whereas this instrument concentrates on requests by individuals for access to official documents, public authorities should commit themselves to conducting an active communication policy, with the aim of making available to the public any information which is deemed useful in a transparent democratic society,

Recommends the governments of member states to be guided in their law and practice by the principles set out in this recommendation.

I. Definitions

For the purposes of this recommendation:

"public authorities" shall mean:

i.        government and administration at national, regional or local level;

ii.      natural or legal persons insofar as they perform public functions or exercise administrative authority and as provided for by national law.

“official documents” shall mean all information recorded in any form, drawn up or received and held by public authorities and linked to any public or administrative function, with the exception of documents under preparation.

II. Scope

1. This recommendation concerns only official documents held by public authorities. However, member states should examine, in the light of their domestic law and practice, to what extent the principles of this recommendation could be applied to information held by legislative bodies and judicial authorities.

2. This recommendation does not affect the right of access or the limitations to access provided for in the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data.

III. General principle on access to official documents

Member states should guarantee the right of everyone to have access, on request, to official documents held by public authorities. This principle should apply without discrimination on any ground, including that of national origin.

IV. Possible limitations to access to official documents

1. Member states may limit the right of access to official documents. Limitations should be set down precisely in law, be necessary in a democratic society and be proportionate to the aim of protecting:

i. national security, defence and international relations;

ii. public safety;

iii. the prevention, investigation and prosecution of criminal activities;

iv. privacy and other legitimate private interests;

v. commercial and other economic interests, be they private or public;

vi. the equality of parties concerning court proceedings;

vii. nature;

viii. inspection, control and supervision by public authorities;

ix. the economic, monetary and exchange rate policies of the state;

x. the confidentiality of deliberations within or between public authorities during the internal preparation of a matter.

2. Access to a document may be refused if the disclosure of the information contained in the official document would or would be likely to harm any of the interests mentioned in paragraph 1, unless there is an overriding public interest in disclosure.

3. Member states should consider setting time limits beyond which the limitations mentioned in paragraph 1 would no longer apply.

V. Requests for access to official documents

1. An applicant for an official document should not be obliged to give reasons for having access to the official document.

2. Formalities for requests should be kept to a minimum.

VI. Processing of requests for access to official documents

1. A request for access to an official document should be dealt with by any public authority holding the document.

2. Requests for access to official documents should be dealt with on an equal basis.

3. A request for access to an official document should be dealt with promptly. The decision should be reached, communicated and executed within any time limit which may have been specified beforehand.

4. If the public authority does not hold the requested official document it should, wherever possible, refer the applicant to the competent public authority.

5. The public authority should help the applicant, as far as possible, to identify the requested official document, but the public authority is not under a duty to comply with the request if it is a document which cannot be identified.

6. A request for access to an official document may be refused if the request is manifestly unreasonable.

7. A public authority refusing access to an official document wholly or in part should give the reasons for the refusal.

 

VII. Forms of access to official documents

1. When access to an official document is granted, the public authority should allow inspection of the original or provide a copy of it, taking into account, as far as possible, the preference expressed by the applicant.

2. If a limitation applies to some of the information in an official document, the public authority should nevertheless grant access to the remainder of the information it contains. Any omissions should be clearly indicated. However, if the partial version of the document is misleading or meaningless, such access may be refused.

3. The public authority may give access to an official document by referring the applicant to easily accessible alternative sources.

VIII. Charges for access to official documents

1. Consultation of original official documents on the premises should, in principle, be free of charge.

2. A fee may be charged to the applicant for a copy of the official document, which should be reasonable and not exceed the actual costs incurred by the public authority.

IX. Review procedure

1. An applicant whose request for an official document has been refused, whether in part or in full, or dismissed, or has not been dealt with within the time limit mentioned in Principle VI.3 should have access to a review procedure before a court of law or another independent and impartial body established by law.

2. An applicant should always have access to an expeditious and inexpensive review procedure, involving either reconsideration by a public authority or review in accordance with paragraph 1 above.

X. Complementary measures

1. Member states should take the necessary measures to:

i. inform the public about its rights of access to official documents and how that right may be exercised;

ii. ensure that public officials are trained in their duties and obligations with respect to the implementation of this right;

iii. ensure that applicants can exercise their right.

2. To this end, public authorities should in particular:

i. manage their documents efficiently so that they are easily accessible;

ii. apply clear and established rules for the preservation and destruction of their documents;

iii. as far as possible, make available information on the matters or activities for which they are responsible, for example by drawing up lists or registers of the documents they hold.

XI. Information made public at the initiative of the public authorities

A public authority should, at its own initiative and where appropriate, take the necessary measures to make public information which it holds when the provision of such information is in the interest of promoting the transparency of public administration and efficiency within administrations or will encourage informed participation by the public in matters of public interest.

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Recommendation 1037 (1986) of the Parliamentary Assembly on data protection and freedom of information of 1986

The Assembly,

1. Bearing in mind that democracies are characterised by the distribution and circulation of a maximum amount of information within society;

2. Aware of the contribution made by the Committee of Ministers to the promotion of a free circulation of information within society in adopting Recommendation No. R (81) 19, on access to information held by public authorities, as well as its Declaration on the freedom of expression and information of 29 April 1982, which declared that the pursuit of an open information policy in the public sector, including access to information, is among the objectives of member states;

3. Having regard also to Recommendation 854 (1979), on access by the public to government records and freedom of information, and Recommendation 582 (1970), on mass communication media and human rights, of the Parliamentary Assembly, stating that the rights provided for by Article 10 of the European Convention on Human Rights should be extended ‘‘to include freedom to seek information... (with) a corresponding duty on public authorities to make information available on matters of public interest subject to appropriate limitations'';

4. Recognising that the principle of freedom of information/access to official information has been introduced by many national, federal and state legislatures of member states of the Council of Europe as well as elsewhere;

5. Having particular regard to the legislation of Denmark, France, the Netherlands, Norway and Sweden, on access to official information, as well as of Australia, Canada and the United States;

6. Recalling that a right to have access to official information may be restricted in the interests of the protection of privacy;

7. Believing therefore that the protection of privacy influences the amount of information which can circulate in society;

8. Recalling in this context the basic data protection principles set out in the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, of 28 January 1981, which impose limitations on the collection, storage, use and communication of personal information;

9. Aware of the fact that the convention of28 January 1981, which has now entered into force, confers a right of access to personal data only, and that this right is reflected in the data protection laws of Austria, Denmark, France, the Federal Republic of Germany, Iceland, Luxembourg, Norway, Sweden and the United Kingdom;

10. Convinced however that the coexistence of access to official information legislation and data protection legislation may come into conflict especially where they are administered separately by different organs and under different criteria;

11. Conscious of the fact that certain countries have sought to avoid conflicts by legislating for access to official information and data protection at the same time, and have therefore shown that the concepts are not mutually distinct but form part of the overall information policy in society, Canada, the province of Quebec (Canada) and the state of Hesse (Federal Republic of Germany) being cases in point;

12. Considering that new technological developments may render obsolete existing legislation, and that the Council of Europe should therefore continue to give a lead and provide guidelines for the national legislators concerning the problems raised by new technologies,

13. Recommends that the Committee of Ministers instruct the Committee of experts on data protection:

a. to identify criteria and principles according to which data protection and access to official information could be reconciled ;

b. to prepare an appropriate legal instrument setting out such criteria and principles;

14. Invites the governments of member states which have not yet done so to ratify the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data.

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Recommendation No. R (81) 19 of the Committee of Ministers to Member States on the Access to Information Held by Public Authorities of 25 November 1981

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve greater unity between its members;

Having regard to Assembly Recommendation 854 on access by the public to government records and freedom of information;

Considering the importance for the public in a democratic society of adequate information on public issues;

Considering that access to information by the public is likely to strengthen confidence of the public in the administration;

Considering therefore that the utmost endeavour should be made to ensure the fullest possible availability to the public of information held by public authorities,

Recommends the governments of member states to be guided in their law and practice by the principles appended to this recommendation.

Appendix to Recommendation No. R (81) 19

The following principles apply to natural and legal persons. In the implementation of these principles regard shall duly be had to the requirements of good and efficient administration. Where such requirements make it necessary to modify or exclude one or more of these principles, either in particular cases or in specific areas of public administration, every endeavour should nevertheless be made to achieve the highest possible degree of access to information.

I

Everyone within the jurisdiction of a member state shall have the right to obtain, on request, information held by the public authorities other than legislative bodies and judicial authorities.

II

Effective and appropriate means shall be provided to ensure access to information.

III

Access to information shall not be refused on the ground that the requesting person has not a specific interest in the matter.

IV

Access to information shall be provided on the basis of equality.

V

The foregoing principles shall apply subject only to such limitations and restrictions as are necessary in a democratic society for the protection of legitimate public interests (such as national security, public safety, public order, the economic well-being of the country, the prevention of crime, or for preventing the disclosure of information received in confidence), and for the protection of privacy and other legitimate private interests, having, however, due regard to the specific interest of an individual in information held by the public authorities which concerns him personally.

VI

Any request for information shall be decided upon within a reasonable time.

VII

A public authority refusing access to information shall give the reasons on which the refusal is based, according to law or practice.

VIII

Any refusal of information shall be subject to review on request.

EXPLANATORY REPORT

Introduction

1. It is generally recognised that a democratic system can best function effectively when the public is fully informed. Moreover, because of social and technological developments, modern life has become so complex that public authorities often possess large quantities of records and information of general interest and importance. To ensure adequate participation of all in public life, it is necessary that the public should, subject to unavoidable exceptions and limitations, have access to information held by public authorities at all levels.

2. The everyday life of the individual is profoundly affected by the activities of public authorities. In order to protect the rights of the individual it is most important that he should be aware of the information held by public authorities - in particular information concerning himself or his interests - and that access to information should be on the basis of equality.

3. It should be mentioned that access to information by the public is also in the interest of the public authorities themselves, because it can help to establish a closer relationship between the administration and the individual, and is thus likely to strengthen the confidence of the public in the administration.

4. Having regard to the importance of these general considerations, a colloquy was held on "freedom of information and the duty for the public authorities to make available information". This colloquy was organised by the Council of Europe in Graz, from 21-23 September 1976, in collaboration with the Faculty of Law of the University of Graz. The conclusions of this colloquy were considered by the Steering Committee for Human Rights at its 3rd meeting (8-12 May 1978) and it was decided to set up a committee of experts to study the suggestions put forward at the colloquy. That committee proposed to undertake the drafting of a recommendation to member states on the matter. Before a decision was taken on that proposal, the Parliamentary Assembly of the Council of Europe adopted, on 1 February 1979, Recommendation 854 (1979) on access by the public to government records and freedom of information, recommending that the Committee of Ministers should:

"invite member states which have not yet done so to introduce a system of freedom of information, ie access to government files, comprising the right to seek and receive information from government agencies and departments, the right to inspect and correct personal files, the right to privacy, and the right to rapid action before the courts in these matters;".

5. Recommendation 854 (1979) was forwarded by the Committee of Ministers to the Steering Committee for Human Rights for consideration in May 1979.

6. By Decision No. CDDH/9/161179 of 16 November 1979, the Steering Committee for Human Rights instructed the Committee of Experts on public authorities and access to information "to continue its study of the question of access to government files, including the rights to seek and receive information from government agencies and departments and taking into account the right to privacy and the right to rapid action before the courts in these matters, with a view to drafting an appropriate recommendation to governments of member states".

The Committee of Experts on public authorities and access to information was instructed not to deal with the question of "the right to inspect and correct personal files" as mentioned in paragraph. 13 (a) of Recommendation 854 (1979) of the Parliamentary Assembly of the Council of Europe. It was the opinion of the Steering Committee that this right raised important problems concerning the protection of the individual against the acts of the administration and should be dealt with separately.

7. A draft recommendation on access to information held by public authorities was prepared by the Committee of Experts on public authorities and access to information in the course of two meetings held in 1980 and examined by the Steering Committee for Human Rights at its 9th meeting (4-8 May 1981). The text was submitted to the Committee of Ministers and adopted on 25 November 1981 [at the 340th meeting of the Ministers' Deputies].

General considerations

8. The committee of experts has drawn up a recommendation containing, in an Appendix, eight general principles on access to information held by public authorities by which the governments of member states are recommended to be guided in their law and practice. The term "principles" has been used in order to leave member states as much freedom as possible in choosing the means for ensuring that administrations will conform in substance with the principles set out in the Appendix to the recommendation.

These principles should be understood as indicating a general standard and not as preventing a member state from recognising additional or more extensive rights and safeguards for the provision of access to information or from extending the scope of their application. Likewise, nothing in the recommendation should be interpreted as implying the limitations of any rights or safeguards in relation to provisions on access to information which may already be recognised by a member state.

9. An introductory note to the principles makes it clear that they are applicable to both natural and legal persons, since both categories have a similar interest in having access to information.

10. Furthermore, the introductory note contains a general provision which applies to all of the principles. It aims to ensure that the principles are implemented in a way which is compatible with the requirements of good and efficient administration. In order to render the application of the principles more flexible, a clause has been inserted allowing for the possibility of modification or non-application of certain principles in particular cases or in specific areas of public administration whilst emphasising the desirability nevertheless of achieving the highest possible degree of access to information.

Comments on the Appendix

Principle I

11. Principle I sets out the main object of the recommendation ie the right to obtain information, even where the interested person is not a party in an administrative procedure. The protection of the citizen in such a procedure is the object of Resolution (77) 31 on the protection of the individual in relation to the acts of the administration, adopted by the Committee of Ministers of the Council of Europe on 28 September 1977. This general principle applies to persons. having a direct relationship with the public authorities, as indicated by the concept of jurisdiction.

12. The term "public authority" is understood to cover all administrative authorities at whatever level. The scope of application of the recommendation will not extend however to legislative bodies and judicial authorities.

Principle II

13. There can be different systems for ensuring access to information. These systems depend on the structure and practice of each administration. Principle II, therefore, does not intend to recommend any particular system for providing access to information. The important point is that appropriate and effective means shall be provided for obtaining the information required.

14. Accordingly, the choice between existing possibilities for making information available is left to each member state. It is a matter of decision whether the means adopted should be a law, a formal code of practice, special rules, or some other means.

15. The means of obtaining information may include the inspection of records, the provision of written or oral answers or the supply of copies. No preference need be given to any particular means but it should be appropriate and effective, having regard to the given circumstances and the nature of the information.

Principle III

16. The right of access to information is aimed at helping the public to be fully informed about the issues of public life. For this purpose the supply of information should not depend on the establishment of a specific interest in the information.

Principle IV

17. This principle is essentially a non-discrimination clause. It is intended to ensure that, subject to the provisions of Principle V, information will be given on the same basis and to the same extent to everyone who seeks it.

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European Union

Charter of Fundamental Rights of the European Union of 2000 (Article 11)

Article 11 – Freedom of expression and information

Paragraph 1

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

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European Community Treaty - Amsterdam Treaty of 1997 (Article 255)

Article 255

Paragraph 1

Any citizen of the European Union, and any natural and legal person residing or having its registered office in a Member State, shall have a right of access of European Parliament, Council and Commission documents, subject to the principle and the conditions to be defined in accordance with paragraph 2 and 3.

Paragraph 2

General principles and limits on grounds of public or private interest governing this right of access to documents shall be determined by the Council, citing in accordance with the procedure referred to in Article 251 within two years of the entry into force of the Treaty of Amsterdam.

Paragraph 3

Each institution referred to above shall elaborate in its own Rules of Procedure specific provisions regarding access to its documents.

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Regulation (EC) No. 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding access to European Parliament, Council and Commission documents

This regulation was enacted on basis of Article 255 of the Amsterdam Treaty in order to define the principles and limits of the public right of access to documents of the European Parliament, Council and Commission. The Regulation obligates the European Commission, the Council of the European Union and the European Parliament to create public registers of documents on the internet and to ensure that references are provided to all documents in the register as soon as they are created. This Regulation will be revised on the basis of contributions received through the present consultation

Registers of documents:

Electronic register of documents of the European Parliament: http://www.europarl.europa.eu/registre/recherche/RechercheSimplifiee.cfm

Electronic register of documents of the European Council of Europe: http://register.consilium.eu.int

Electronic register of documents of the European Commission: http://europa.eu.int/comm/secretariat_general/sgc/acc_doc/index_en.htm

Text:

Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents

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Green Paper – Public Access to Documents held by Institutions of the European Community of the Commission of the European Communities of 18 April 2007

On 18 April 2007 the European Commission published a Green Paper on the review of Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents. This Green Paper is the basis for a public consultation, which allowed any citizen, non governmental organisation, association, economic operator, public authority or any other organisation to have a say on this issue.
The consultation period started on 18 April and lasted until 31 July 2007. A dedicated website has been set up, where you can download the Green Paper and read the contributions received.

The Green Paper takes stock of the implementation of the Regulation and outlines some options for improving the legislation and practical measures aimed at offering the public better and easier access to the documents held by the institutions and agencies. You are invited to reply to the questions associated with the different options.

http://ec.europa.eu/transparency/revision/docs/gp_en.pdf

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Environmental Information

Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the European Economic and Social Committee(2),

Having regard to the opinion of the Committee of the Regions(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4) in the light of the joint text approved by the Conciliation Committee on 8 November 2002,

Whereas:

(1) Increased public access to environmental information and the dissemination of such information contribute to a greater awareness of environmental matters, a free exchange of views, more effective participation by the public in environmental decision-making and, eventually, to a better environment.

(2) Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment(5) initiated a process of change in the manner in which public authorities approach the issue of openness and transparency, establishing measures for the exercise of the right of public access to environmental information which should be developed and continued. This Directive expands the existing access granted under Directive 90/313/EEC.

(3) Article 8 of that Directive requires Member States to report to the Commission on the experience gained, in the light of which the Commission is required to make a report to the European Parliament and to the Council together with any proposal for revision of the Directive which it may consider appropriate.

(4) The report produced under Article 8 of that Directive identifies concrete problems encountered in the practical application of the Directive.

(5) On 25 June 1998 the European Community signed the UN/ECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters ("the Aarhus Convention"). Provisions of Community law must be consistent with that Convention with a view to its conclusion by the European Community.

(6) It is appropriate in the interest of increased transparency to replace Directive 90/313/EEC rather than to amend it, so as to provide interested parties with a single, clear and coherent legislative text.

(7) Disparities between the laws in force in the Member States concerning access to environmental information held by public authorities can create inequality within the Community as regards access to such information or as regards conditions of competition.

(8) It is necessary to ensure that any natural and legal person has a right of access to environmental information held by or for public authorities without his having to state an interest.

(9) It is also necessary that public authorities make available and disseminate environmental information to the general public to the widest extent possible, in particular by using information and communication technologies. The future development of these technologies should be taken into account in the reporting on, and reviewing of, this Directive.

(10) The definition of environmental information should be clarified so as to encompass information in any form on the state of the environment, on factors, measures or activities affecting or likely to affect the environment or designed to protect it, on cost-benefit and economic analyses used within the framework of such measures or activities and also information on the state of human health and safety, including the contamination of the food chain, conditions of human life, cultural sites and built structures in as much as they are, or may be, affected by any of those matters.

(11) To take account of the principle in Article 6 of the Treaty, that environmental protection requirements should be integrated into the definition and implementation of Community policies and activities, the definition of public authorities should be expanded so as to encompass government or other public administration at national, regional or local level whether or not they have specific responsibilities for the environment. The definition should likewise be expanded to include other persons or bodies performing public administrative functions in relation to the environment under national law, as well as other persons or bodies acting under their control and having public responsibilities or functions in relation to the environment.

(12) Environmental information which is physically held by other bodies on behalf of public authorities should also fall within the scope of this Directive.

(13) Environmental information should be made available to applicants as soon as possible and within a reasonable time and having regard to any timescale specified by the applicant.

(14) Public authorities should make environmental information available in the form or format requested by an applicant unless it is already publicly available in another form or format or it is reasonable to make it available in another form or format. In addition, public authorities should be required to make all reasonable efforts to maintain the environmental information held by or for them in forms or formats that are readily reproducible and accessible by electronic means.

(15) Member States should determine the practical arrangements under which such information is effectively made available. These arrangements shall guarantee that the information is effectively and easily accessible and progressively becomes available to the public through public telecommunications networks, including publicly accessible lists of public authorities and registers or lists of environmental information held by or for public authorities.

(16) The right to information means that the disclosure of information should be the general rule and that public authorities should be permitted to refuse a request for environmental information in specific and clearly defined cases. Grounds for refusal should be interpreted in a restrictive way, whereby the public interest served by disclosure should be weighed against the interest served by the refusal. The reasons for a refusal should be provided to the applicant within the time limit laid down in this Directive.

(17) Public authorities should make environmental information available in part where it is possible to separate out any information falling within the scope of the exceptions from the rest of the information requested.

(18) Public authorities should be able to make a charge for supplying environmental information but such a charge should be reasonable. This implies that, as a general rule, charges may not exceed actual costs of producing the material in question. Instances where advance payment will be required should be limited. In particular cases, where public authorities make available environmental information on a commercial basis, and where this is necessary in order to guarantee the continuation of collecting and publishing such information, a market-based charge is considered to be reasonable; an advance payment may be required. A schedule of charges should be published and made available to applicants together with information on the circumstances in which a charge may be levied or waived.

(19) Applicants should be able to seek an administrative or judicial review of the acts or omissions of a public authority in relation to a request.

(20) Public authorities should seek to guarantee that when environmental information is compiled by them or on their behalf, the information is comprehensible, accurate and comparable. As this is an important factor in assessing the quality of the information supplied the method used in compiling the information should also be disclosed upon request.

(21) In order to increase public awareness in environmental matters and to improve environmental protection, public authorities should, as appropriate, make available and disseminate information on the environment which is relevant to their functions, in particular by means of computer telecommunication and/or electronic technology, where available.

(22) This Directive should be evaluated every four years, after its entry into force, in the light of experience and after submission of the relevant reports by the Member States, and be subject to revision on that basis. The Commission should submit an evaluation report to the European Parliament and the Council.

(23) Since the objectives of the proposed Directive cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(24) The provisions of this Directive shall not affect the right of a Member State to maintain or introduce measures providing for broader access to information than required by this Directive,

HAVE ADOPTED THIS DIRECTIVE:

Article 1 - Objectives

The objectives of this Directive are:

(a) to guarantee the right of access to environmental information held by or for public authorities and to set out the basic terms and conditions of, and practical arrangements for, its exercise; and

(b) to ensure that, as a matter of course, environmental information is progressively made available and disseminated to the public in order to achieve the widest possible systematic availability and dissemination to the public of environmental information. To this end the use, in particular, of computer telecommunication and/or electronic technology, where available, shall be promoted.

Article 2 - Definitions

For the purposes of this Directive:

1. "Environmental information" shall mean any information in written, visual, aural, electronic or any other material form on:

(a) the state of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction among these elements;

(b) factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment referred to in (a);

(c) measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the elements and factors referred to in (a) and (b) as well as measures or activities designed to protect those elements;

(d) reports on the implementation of environmental legislation;

(e) cost-benefit and other economic analyses and assumptions used within the framework of the measures and activities referred to in (c); and

(f) the state of human health and safety, including the contamination of the food chain, where relevant, conditions of human life, cultural sites and built structures inasmuch as they are or may be affected by the state of the elements of the environment referred to in (a) or, through those elements, by any of the matters referred to in (b) and (c).

2. "Public authority" shall mean:

(a) government or other public administration, including public advisory bodies, at national, regional or local level;

(b) any natural or legal person performing public administrative functions under national law, including specific duties, activities or services in relation to the environment; and

(c) any natural or legal person having public responsibilities or functions, or providing public services, relating to the environment under the control of a body or person falling within (a) or (b).

Member States may provide that this definition shall not include bodies or institutions when acting in a judicial or legislative capacity. If their constitutional provisions at the date of adoption of this Directive make no provision for a review procedure within the meaning of Article 6, Member States may exclude those bodies or institutions from that definition.

3. "Information held by a public authority" shall mean environmental information in its possession which has been produced or received by that authority.

4. "Information held for a public authority" shall mean environmental information which is physically held by a natural or legal person on behalf of a public authority.

5. "Applicant" shall mean any natural or legal person requesting environmental information.

6. "Public" shall mean one or more natural or legal persons, and, in accordance with national legislation or practice, their associations, organisations or groups.

Article 3 - Access to environmental information upon request

1. Member States shall ensure that public authorities are required, in accordance with the provisions of this Directive, to make available environmental information held by or for them to any applicant at his request and without his having to state an interest.

2. Subject to Article 4 and having regard to any timescale specified by the applicant, environmental information shall be made available to an applicant:

(a) as soon as possible or, at the latest, within one month after the receipt by the public authority referred to in paragraph 1 of the applicant's request; or

(b) within two months after the receipt of the request by the public authority if the volume and the complexity of the information is such that the one-month period referred to in (a) cannot be complied with. In such cases, the applicant shall be informed as soon as possible, and in any case before the end of that one-month period, of any such extension and of the reasons for it.

3. If a request is formulated in too general a manner, the public authority shall as soon as possible, and at the latest within the timeframe laid down in paragraph 2(a), ask the applicant to specify the request and shall assist the applicant in doing so, e.g. by providing information on the use of the public registers referred to in paragraph 5(c). The public authorities may, where they deem it appropriate, refuse the request under Article 4(1)(c).

4. Where an applicant requests a public authority to make environmental information available in a specific form or format (including in the form of copies), the public authority shall make it so available unless:

(a) it is already publicly available in another form or format, in particular under Article 7, which is easily accessible by applicants; or

(b) it is reasonable for the public authority to make it available in another form or format, in which case reasons shall be given for making it available in that form or format.

For the purposes of this paragraph, public authorities 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.

The reasons for a refusal to make information available, in full or in part, in the form or format requested shall be provided to the applicant within the time limit referred to in paragraph 2(a).

5. For the purposes of this Article, Member States shall ensure that:

(a) officials are required to support the public in seeking access to information;

(b) lists of public authorities are publicly accessible; and

(c) the practical arrangements are defined for ensuring that the right of access to environmental information can be effectively exercised, such as:

- the designation of information officers;

- the establishment and maintenance of facilities for the examination of the information required,

- registers or lists of the environmental information held by public authorities or information points, with clear indications of where such information can be found.

Member States shall ensure that public authorities inform the public adequately of the rights they enjoy as a result of this Directive and to an appropriate extent provide information, guidance and advice to this end.

Article 4 - Exceptions

1. Member States may provide for a request for environmental information to be refused if:

(a) the information requested is not held by or for the public authority to which the request is addressed. In such a case, where that public authority is aware that the information is held by or for another public authority, it shall, as soon as possible, transfer the request to that other authority and inform the applicant accordingly or inform the applicant of the public authority to which it believes it is possible to apply for the information requested;

(b) the request is manifestly unreasonable;

(c) the request is formulated in too general a manner, taking into account Article 3(3);

(d) the request concerns material in the course of completion or unfinished documents or data;

(e) the request concerns internal communications, taking into account the public interest served by disclosure.

Where a request is refused on the basis that it concerns material in the course of completion, the public authority shall state the name of the authority preparing the material and the estimated time needed for completion.

2. Member States may provide for a request for environmental information to be refused if disclosure of the information would adversely affect:

(a) the confidentiality of the proceedings of public authorities, where such confidentiality is provided for by law;

(b) international relations, public security or national defence;

(c) the course of justice, the ability of any person to receive a fair trial or the ability of a public authority to conduct an enquiry of a criminal or disciplinary nature;

(d) the confidentiality of commercial or industrial information where such confidentiality is provided for by national or Community law to protect a legitimate economic interest, including the public interest in maintaining statistical confidentiality and tax secrecy;

(e) intellectual property rights;

(f) the confidentiality of personal data and/or files relating to a natural person where that person has not consented to the disclosure of the information to the public, where such confidentiality is provided for by national or Community law;

(g) the interests or protection of any person who supplied the information requested on a voluntary basis without being under, or capable of being put under, a legal obligation to do so, unless that person has consented to the release of the information concerned;

(h) the protection of the environment to which such information relates, such as the location of rare species.

The grounds for refusal mentioned in paragraphs 1 and 2 shall be interpreted in a restrictive way, taking into account for the particular case the public interest served by disclosure. In every particular case, the public interest served by disclosure shall be weighed against the interest served by the refusal. Member States may not, by virtue of paragraph 2(a), (d), (f), (g) and (h), provide for a request to be refused where the request relates to information on emissions into the environment.

Within this framework, and for the purposes of the application of subparagraph (f), Member States shall ensure that the requirements of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data are complied with(6).

3. Where a Member State provides for exceptions, it may draw up a publicly accessible list of criteria on the basis of which the authority concerned may decide how to handle requests.

4. Environmental information held by or for public authorities which has been requested by an applicant shall be made available in part where it is possible to separate out any information falling within the scope of paragraphs 1(d) and (e) or 2 from the rest of the information requested.

5. A refusal to make available all or part of the information requested shall be notified to the applicant in writing or electronically, if the request was in writing or if the applicant so requests, within the time limits referred to in Article 3(2)(a) or, as the case may be, (b). The notification shall state the reasons for the refusal and include information on the review procedure provided for in accordance with Article 6.

Article 5 - Charges

1. Access to any public registers or lists established and maintained as mentioned in Article 3(5) and examination in situ of the information requested shall be free of charge.

2. Public authorities may make a charge for supplying any environmental information but such charge shall not exceed a reasonable amount.

3. Where charges are made, public authorities shall publish and make available to applicants a schedule of such charges as well as information on the circumstances in which a charge may be levied or waived.

Article 6 - Access to justice

1. Member States shall ensure that any applicant who considers that his request for information has been ignored, wrongfully refused (whether in full or in part), inadequately answered or otherwise not dealt with in accordance with the provisions of Articles 3, 4 or 5, has access to a procedure in which the acts or omissions of the public authority concerned can be reconsidered by that or another public authority or reviewed administratively by an independent and impartial body established by law. Any such procedure shall be expeditious and either free of charge or inexpensive.

2. In addition to the review procedure referred to in paragraph 1, Member States shall ensure that an applicant has access to a review procedure before a court of law or another independent and impartial body established by law, in which the acts or omissions of the public authority concerned can be reviewed and whose decisions may become final. Member States may furthermore provide that third parties incriminated by the disclosure of information may also have access to legal recourse.

3. Final decisions under paragraph 2 shall be binding on the public authority holding the information. Reasons shall be stated in writing, at least where access to information is refused under this Article.

Article 7 - Dissemination of environmental information

1. Member States shall take the necessary measures to ensure that public authorities 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, where available.

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 Directive unless it is already available in electronic form.

Member States shall ensure that environmental information progressively becomes available in electronic databases which are easily accessible to the public through public telecommunication networks.

2. The information to be made available and disseminated shall be updated as appropriate and shall include at least:

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

(b) policies, plans and programmes relating to the environment;

(c) progress reports on the implementation of the items referred to in (a) and (b) when prepared or held in electronic form by public authorities;

(d) the reports on the state of the environment referred to in paragraph 3;

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

(f) authorisations with a significant impact on the environment and environmental agreements or a reference to the place where such information can be requested or found in the framework of Article 3;

(g) environmental impact studies and risk assessments concerning the environmental elements referred to in Article 2(1)(a) or a reference to the place where the information can be requested or found in the framework of Article 3.

3. Without prejudice to any specific reporting obligations laid down by Community legislation, Member States shall take the necessary measures to ensure that national, and, where appropriate, regional or local reports on the state of the environment are published at regular intervals not exceeding four years; such reports shall include information on the quality of, and pressures on, the environment.

4. Without prejudice to any specific obligation laid down by Community legislation, Member States shall take the necessary measures to ensure that, in the event of an imminent threat to human health or the environment, whether caused by human activities or due to natural causes, all information held by or for public authorities which could enable the public likely to be affected to take measures to prevent or mitigate harm arising from the threat is disseminated, immediately and without delay.

5. The exceptions in Article 4(1) and (2) may apply in relation to the duties imposed by this Article.

6. Member States may satisfy the requirements of this Article by creating links to Internet sites where the information can be found.

Article 8 - Quality of environmental information

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

2. Upon request, public authorities shall reply to requests for information pursuant to Article 2(1)b, reporting to the applicant on the place where information, if available, can be found on the measurement procedures, including methods of analysis, sampling, and pre-treatment of samples, used in compiling the information, or referring to a standardised procedure used.

Article 9 - Review procedure

1. Not later than 14 February 2009, Member States shall report on the experience gained in the application of this Directive.

They shall communicate the report to the Commission not later than 14 August 2009.

No later than 14 February 2004, the Commission shall forward to the Member States a guidance document setting out clearly the manner in which it wishes the Member States to report.

2. In the light of experience and taking into account developments in computer telecommunication and/or electronic technology, the Commission shall make a report to the European Parliament and to the Council together with any proposal for revision, which it may consider appropriate.

Article 10 - Implementation

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 14 February 2005. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 11 - Repeal

Directive 90/313/EEC is hereby repealed with effect from 14 February 2005.

References to the repealed Directive shall be construed as referring to this Directive and shall be read in accordance with the correlation table in the Annex.

Article 12 - Entry into force

This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 13 - Addressees

This Directive is addressed to the Member States.

Done at Brussels, 28 January 2003.

For the European Parliament

The President

P. Cox

For the Council

The President

G. Papandreou

(1) OJ C 337 E, 28.11.2000, p. 156 and OJ C 240 E, 28.8.2001, p. 289.

(2) OJ C 116, 20.4.2001, p. 43.

(3) OJ C 148, 18.5.2001, p. 9.

(4) Opinion of the European Parliament of 14 March 2001 (OJ C 343, 5.12.2001, p. 165), Council Common Position of 28 January 2002 (OJ C 113 E, 14.5.2002, p. 1) and Decision of the European Parliament of 30 May 2002 (not yet published in the Official Journal). Decision of the Council of 16 December 2002 and decision the European Parliament of 18 December 2002.

(5) OJ L 158, 23.6.1990, p. 56.

(6) OJ L 281, 23.11.1995, p. 31.

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United Nations Economic Commission for Europe’s Convention on Access to Information, Public Participation in Decision-making and Access to justice in Environmental Matters of 1998 - Århus Convention (Article 4, 5, 6, 7, 8, 9)

Article 4 – Access to environmental information

Paragraph 1 

Each Party shall ensure that, subject to the following paragraphs of this article, public authorities, in response to a request for environmental information, make such information available to the public, within the framework of national legislation, including, where requested and subject to subparagraph (b) below, copies of the actual documentation containing or comprising such information:

(a) Without an interest having to be stated;

(b) In the form requested unless:

(i) It is reasonable for the public authority to make it  available in another form, in which case reasons shall be given for making it available in that form; or

(ii) The information is already publicly available in another form.

 

Paragraph 2

The environmental information referred to in paragraph 1 above shall be made available as soon as possible and at the latest within one month after the request has been submitted, unless the volume and the complexity of the information justify an extension of this period up to two months after the request. The applicant shall be informed of any extension and of the reasons justifying it.

 

Paragraph 3

A request for environmental information may be refused if:

(a) The public authority to which the request is addressed does not hold the environmental information requested;

(b) The request is manifestly unreasonable or formulated in too general a manner; or

(c) The request concerns material in the course of completion or concerns internal communications of public authorities where such an exemption is provided for in national law or customary practice, taking into account the public interest served by disclosure.

 

Paragraph 4

 A request for environmental information may be refused if the disclosure

would adversely affect:

(a) The confidentiality of the proceedings of public authorities, where such confidentiality is provided for under national law;

(b) International relations, national defence or public security;

(c) The course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an enquiry of a criminal or disciplinary nature;

(d) The confidentiality of commercial and industrial information, where such confidentiality is protected by law in order to protect a legitimate economic interest. Within this framework, information on emissions which is relevant for the protection of the environment shall be disclosed;

(e) Intellectual property rights;

(f) The confidentiality of personal data and/or files relating to a natural person where that person has not consented to the disclosure of the information to the public, where such  confidentiality is provided for in national law;

(g) The interests of a third party which has supplied the information requested without that party being under or capable of being put under a legal obligation to do so, and where that party does not consent to the release of the material; or

(h) The environment to which the information relates, such as the breeding sites of rare species.

(i) The aforementioned grounds for refusal shall be interpreted in a restrictive way, taking into account the public interest served by disclosure and taking into account whether the information requested relates to emissions into the environment.

 

Paragraph 5

Where a public authority does not hold the environmental information requested, this public authority shall, as promptly as possible, inform the applicant of the public authority to which it believes it is possible to apply for the information requested or transfer the request to that authority and inform the applicant accordingly.

 

Paragraph 6

Each Party shall ensure that, if information exempted from disclosure under paragraphs 3 (c) and 4 above can be separated out without prejudice to

the confidentiality of the information exempted, public authorities make available the remainder of the environmental information that has been requested.

 

Paragraph 7

A refusal of a request shall be in writing if the request was in writing or the applicant so requests. A refusal shall state the reasons for the refusal and give information on access to the review procedure provided for in accordance with article 9. The refusal shall be made as soon as possible and at the latest within one month, unless the complexity of the information  justifies an extension of this period up to two months after the request. The applicant shall be informed of any extension and of the reasons justifying it.

 

Paragraph 8

Each Party may allow its public authorities to make a charge for supplying information, but such charge shall not exceed a reasonable amount. Public authorities intending to make such a charge for supplying information shall make available to applicants a schedule of charges which may be levied, indicating the circumstances in which they may be levied or waived and when the supply of information is conditional on the advance payment of such a

charge.

Article 5 – Collection and Dissemination of Environmental Information

Paragraph 1

Each Party shall ensure that:

(a) Public authorities possess and update environmental information which is relevant to their functions;

(b) Mandatory systems are established so that there is an adequate flow of information to public authorities about proposed and existing activities which may significantly affect the environment;

(c) In the event of any imminent threat to human health or the environment, whether caused by human activities or due to natural causes, all information which could enable the public to take measures to prevent or mitigate harm arising from the threat and is held by a public authority is disseminated immediately and without delay to members of the public who may be affected.

Paragraph 2

Each Party shall ensure that, within the framework of national legislation, the way in which public authorities make environmental information available to the public is transparent and that environmental information is effectively accessible, inter alia, by:

(a) Providing sufficient information to the public about the type and scope of environmental information held by the relevant public authorities, the basic terms and conditions under which such information is made available and accessible, and the process by which it can be obtained;

(b) Establishing and maintaining practical arrangements, such as:

(i) Publicly accessible lists, registers or files;

(ii) Requiring officials to support the public in seeking access to information under this Convention; and

(iii) The identification of points of contact; and

(c) Providing access to the environmental information contained in lists, registers or files as referred to in subparagraph (b) (i) above free of charge. 

Paragraph 3

Each Party shall ensure that environmental information progressively becomes available in electronic databases which are easily accessible to the public through public telecommunications networks. Information accessible in this form should include:

(a) Reports on the state of the environment, as referred to in paragraph 4 below;

(b) Texts of legislation on or relating to the environment;

(c) As appropriate, policies, plans and programmes on or relating to the environment, and environmental agreements; and

(d) Other information, to the extent that the availability of such information in this form would facilitate the application of national law implementing this Convention, provided that such information is already available in electronic form.

Paragraph 4

Each Party shall, at regular intervals not exceeding three or four years, publish and disseminate a national report on the state of the env