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The European Commission has adopted a proposal for a new law that will increase public participation in plans concerning the environment. Meanwhile, it is taking legal action against Austria and Germany for not enforcing a current environmental law. Seems The Green Party influense in Germany doesn't extend to the environment. Its doubly ironic that the German Chancellor is using the Greens as a foil against the parliamentary left while conservative politicians within the EU are pursuing politicians who don't fulfil European law on the environment. New Zealand too demonstrates what is rapidly becoming a principle of politics, Greens shade to blue when given positions in governments, forgetting that it is the natural environment they were elected to defend not the political environment. The new EU law, which was proposed at the Aarhus Convention, increases the public's involvement in environmental decision making. Signed in June 1998 in the Danish town of Aarhus, the convention is formally known as the Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters. The convention, when ratified, will extend the rights of the public to influence plans involving the environment. "Real environmental progress can only be achieved with the participation of the citizens concerned," said Environment Commissioner Margot Wallström upon adoption of the proposal. "Ensuring public consultation enhances public acceptance and support for the decisions to be taken," said Wallström. "This will enable more informed and accountable decisions to be taken, and greater consensus. It will also facilitate implementation of environmental legislation." Adopting the new proposal brings ratification of the Aarhus Convention a step closer and updates two existing environmental laws, known as Directives in the European Union. These are the Environmental Impact Assessment Directive and Integrated Pollution Prevention and Control Directive. The public will be involved in decision making at an earlier stage and the European Union's 15 member states will be required to provide access to a review procedure before a court of law or another body established by law. This might be used to challenge decisions on legal or procedural grounds, for example. The proposal introduces a new public participation procedure into other directives concerning plans and programs relating to the environment, such as waste management plans. The European Commission, which is the executive arm of the European Union, expects the Aarhus Convention to be ratified by 2003. Judging by a second announcement today by the European Commission, some EU members are finding it difficult adapting to existing environmental legislation. Austria has been referred to the European Court of Justice in Luxembourg for failing to comply with the Access to Environmental Information Directive. Germany has also failed to comply with the directive and has been sent a final warning by the the European Commission. The directive requires member states to ensure that the public has access to environmental information without having to prove an interest, within a reasonable time frame and at a reasonable cost. "I urge the Austrian and German authorities to remedy the defects in their transposing legislation as soon as possible to ensure that their citizens have full access to this vital democratic tool," said Wallström. In Austria, there are broader exemptions from the principle of free access to environmental information than the directive allows, says the European Commission. Direct access to documents has not been ensured and time guidelines are not being met for public requests for information. In Germany's case, adequate access is not being given to environmental information during administrative proceedings and charges for information are incorrectly being made for information refusals, according to the European Commission. Both countries could face fines if infringements persist. Since last summer, Greece has been paying a daily fine of nearly US$20,000 for failing to shut down a waste disposal plant spewing toxic trash into a ravine near the Mediterranean Sea on the island of Crete. The fine was the first issued by the European Court of Justice to a member state for failing to comply with a judgment.
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