Commission Decision of 13 December 2007 laying down detailed rules for the application of Regulation (EC) No 1367/2006 of the European Parliament and of the Council on the Aarhus Convention as regards requests for the internal review of administrative acts (2008/50/EC)
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Address https://gelex.eu/eli/EU/decision/2008/50@2007-12-13/en
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies, and in particular Article 11(2) thereof,
Whereas:
(1) Regulation (EC) No 1367/2006 makes provisions for the application of the Aarhus Convention to Community institutions and bodies.
(2) Title IV of that Regulation sets out provisions on internal review of administrative acts and omissions, the application of which requires detailed rules on the content and means of submission of applications.
(3) Article 11(1) of Regulation (EC) No 1367/2006 sets out criteria for the entitlement at Community level of non-governmental organisations to make a request for internal review in accordance with Article 10 thereof, the transparent and consistent application of which require detailed rules on the evidence to be provided with applications, the calculation of time limits for reply to applications and cooperation between Community institutions and bodies.
(4) In order to ensure a consistent application of Article 11 of Regulation (EC) No 1367/2006, this Decision should apply from 28 June 2007,
HAS DECIDED AS FOLLOWS:
CHAPTER I
Article 1 Contents of a request for internal review
Any non-governmental organisation which submits a request for internal review of an administrative act or omission as referred to in Article 10 of Regulation (EC) No 1367/2006 shall:
1. specify the administrative act or alleged administrative omission whose review is sought and the provisions of environmental law which it considers not to have been complied with;
2. state the grounds on which that request is made;
3. provide the relevant information and documentation supporting those grounds;
4. specify the name and contact details of one person empowered to represent the non-governmental organisation vis-à-vis third parties for the purpose of making the request for internal review in the case at issue;
5. provide evidence of its entitlement to make the request in accordance with Article 3.
Article 2 Submission of requests
Requests for internal review of an administrative act or relating to an administrative omission shall be sent by mail, fax or e-mail to the person(s) or department(s) designated by the Community institution or body concerned to that effect. Contact details of that (or those) person(s) or department(s) shall be made known to the public by all appropriate means.
CHAPTER II
Article 3 Criteria for the entitlement of non-governmental organisations to request internal review
1. Any non-governmental organisation which submits a request for internal review of an administrative act or omission as referred to in Article 10 of Regulation (EC) No 1367/2006 shall provide evidence that it meets the criteria set out in Article 11(1) of that Regulation, in form of the documents listed in the Annex to this Decision. Where any of those documents cannot be provided for reasons not attributable to the non-governmental organisation, that organisation may provide evidence in form of any other equivalent documentation.
2. Where it does not clearly appear from any of the documents referred to in points 1, 2 or 3 of the Annex that the subject matter in respect of which the request for internal review is made is covered by the objectives and activities of the non-governmental organisation, that organisation shall submit any other documentation providing evidence that this criterion is met.
3. Where it does not clearly appear from any of the documents referred to under points 1, 2 or 3 of the Annex, that the non-governmental organisation is independent and non-profit making, that organisation shall submit a declaration to that effect, signed by a person empowered to do so within the non-governmental organisation.
Article 4 Assessment of the entitlement of non-governmental organisations to request internal review
1. The Community institution or body concerned shall satisfy itself that the non-governmental organisation meets the criteria set out in Article 11(1) of Regulation (EC) No 1367/2006 by assessing the information provided in accordance with Articles 1 and 3 of this Decision.
2. Where, on the basis of that information, it is not possible for the Community institution or body concerned to fully assess whether the non-governmental organisation meets the criteria set out in Article 11(1) of Regulation (EC) No 1367/2006, it shall request additional documentation or information to be provided by the organisation within a reasonable period to be specified by the Community institution or body concerned. During that period, the time limits laid down in Article 10 of the Regulation shall be suspended.
3. Where relevant, the Community institution or body concerned may consult the national authorities of the non-governmental organisation’s country of registration or origin to verify and assess the information provided by that organisation.
Article 5 Administrative cooperation
Community institutions and bodies shall cooperate among themselves to ensure a transparent and consistent application of this Decision. They shall exchange information as to which non-governmental organisations have been acknowledged as being entitled to make a request for internal review.
Article 6 Date of application
This Decision shall apply from 28 June 2007.
Done at Brussels, 13 December 2007. For the Commission Stavros Dimas Member of the Commission
ANNEX
ANNEX List of documents to be provided under Article 3(1)
1. Statute or by-laws of the non-governmental organisation, or any other document fulfilling the same role under national practice, in respect of those countries where national law does not require or provide for a non-governmental organisation to adopt statute or by-laws.
2. Annual activity reports of the non-governmental organisation of the last two years.
3. In respect of non-governmental organisations established in countries where the fulfilment of such procedures is a prerequisite for a non-governmental organisation to obtain legal personality, copy of the legal registration with the national authorities (public registry, official publication, or any other relevant document).
4. Where relevant, documentation that the non-governmental organisation has previously been acknowledged by a Community institution or body as being entitled to make a request for internal review.
Versions
Cited by
- Commission Decision of 30 April 2008 amending its Rules of Procedure as regards detailed rules for the application of Regulation (EC) No 1367/2006 of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institution and bodies (2008/401/EC, Euratom) Decision · Grade B
The Commission department concerned shall determine whether the non-governmental organisation is entitled to make a request for internal review in accordance with Commission Decision 2008/50/EC.
- Commission Decision (EU) 2023/748 of 11 April 2023 laying down detailed rules for the application of Regulation (EC) No 1367/2006 of the European Parliament and of the Council as regards requests for the internal review of administrative acts or omissions Decision · Grade B
Since this Decision is laying down new provisions to ensure the effective application of Regulation (EC) No 1367/2006 as amended by Regulation (EU) 2021/1767, Commission Decision 2008/50/EC should be repealed with effects on the same date.
- Commission Decision (EU) 2023/748 of 11 April 2023 laying down detailed rules for the application of Regulation (EC) No 1367/2006 of the European Parliament and of the Council as regards requests for the internal review of administrative acts or omissions Decision · Grade B
Decision 2008/50/EC is repealed.
- Judgment of the General Court of 27 January 2021 — ClientEarth v EIB (Case T-9/19) Notice · Grade B
EnvironmentFinancing of a biomass power generation plant in GaliciaResolution of the Board of Directors of the EIB approving the financingAccess to justice in environmental mattersArticles 9 and 10 of the Aarhus ConventionArticles 10 to 12 of Regulation (EC) No 1367/2006Request for an internal reviewRefusal of the request as inadmissibleAction for annulmentAdmissibility of a ground of defenceObligation to state reasonsConcept of an act adopted under environmental lawConcept of an act having a legally binding and external effect2021/C 88/34Language of the case: English Applicant: ClientEarth (L
- Judgment of the General Court of 27 January 2021 — ClientEarth v EIB (Case T-9/19) Notice · Grade B
Annuls the decision of the European Investment Bank (EIB), communicated to ClientEarth by letter of 30 October 2018, rejecting as inadmissible the request for an internal review of the resolution of the EIB’s Board of Directors of 12 April 2018 approving the financing of a biomass power generation plant in Galicia (Spain) which ClientEarth had submitted on 9 August 2018, in application of Article 10 of Council Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Pub
- Judgment of the General Court (Second Chamber, Extended Composition) 27 January 2021 Judgment · Grade B
In Case T‑9/19, ClientEarth, established in London (United Kingdom), represented by J. Flynn QC, H. Leith and S. Abram, Barristers, applicant,v European Investment Bank (EIB), represented by G. Faedo and K. Carr, acting as Agents, and by B. Wägenbaur, lawyer, defendant, supported by European Commission, represented by F. Blanc and G. Gattinara, acting as Agents, intervener, APPLICATION under Article 263 TFEU for annulment of the decision of the European Investment Bank (EIB), communicated to the applicant by letter of 30 October 2018, rejecting as inadmissible the request for an internal revie
- Judgment of the General Court (Second Chamber, Extended Composition) 27 January 2021 Judgment · Grade B
In that regard, Article 1(1) of Commission Decision 2008/50/EC of 13 December 2007 laying down detailed rules for the application of [the Aarhus] Regulation as regards requests for the internal review of administrative acts (OJ 2008 L 13, p. 24) requires any NGO which submits a request for internal review of an administrative act or omission, as referred to in Article 10 of the Aarhus Regulation, to specify the administrative act or alleged administrative omission whose review is sought and the provisions of EU environmental law which it considers not to have been complied with.
- Judgment of the General Court (Second Chamber, Extended Composition) 27 January 2021 Judgment · Grade B
On 9 August 2018, the applicant submitted to the EIB a request for internal review of the resolution at issue, in accordance with Article 10 of the Aarhus Regulation and Decision 2008/50.
- Judgment of the General Court (Second Chamber, Extended Composition) 27 January 2021 Judgment · Grade B
However, as stated in paragraph 92 above, the EIB is not entitled, in the circumstances of the present case, to rely on a defence to the effect that the request for internal review made by the applicant, on the basis of Article 10 of the Aarhus Regulation and Decision 2008/50, was incompatible with the special status conferred on it by the TFEU.
- Judgment of the General Court (Second Chamber, Extended Composition) 27 January 2021 Judgment · Grade B
Annuls the decision of the European Investment Bank (EIB), communicated to ClientEarth by letter of 30 October 2018, rejecting as inadmissible the request for an internal review of the resolution of the EIB’s Board of Directors of 12 April 2018 approving the financing of a biomass power generation plant in Galicia (Spain) which ClientEarth had submitted on 9 August 2018, in application of Article 10 of Council Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Pub
- Judgment of the Court (Third Chamber) 6 July 2023 Judgment · Grade B
By their respective appeals, the European Investment Bank (EIB) (Case C‑212/21 P) and the European Commission (Case C‑223/21 P) seek to have set aside the judgment of the General Court of the European Union of 27 January 2021, ClientEarth v EIB (T‑9/19, EU:T:2021:42; the judgment under appeal). By that judgment, the General Court annulled the decision of the EIB, communicated to ClientEarth by letter of 30 October 2018, which had rejected as inadmissible the request for an internal review of the resolution of the EIB’s Board of Directors of 12 April 2018 approving the financing of a biomass po