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GAZETTE
JAN/FEB 1993 '
Freedom of Access to Information
on the Environment
Council Directive 90/313/EC
by Donal O'Leary BL
On 7 June, 1990,
Padraig Flynn,
in
his capacity as President of the EC
Council of Environment Ministers,
signed a council directive on freedom
of access to information on the
environment, (90/313/EEC). Article
9 directed that the member states
"shall bring into force the laws,
regulations and administrative
provisions necessary to comply with
this directive by 31 December, 1992,
at the latest." An examination of the
directive is useful to indicate what
the national legislation must
encompass in order to comply with
the directive. The following are the
main provisions of the directive.
Who May Request Information?
Article 3(1) states that information
relating to the environment shall be
made available to any person natural
or legal and without having to prove
an interest.
Who Must Make the Information
Available?
Public authorities (Art. 3) and
bodies with public responsibilities for
the environment and under the
control of public authorities (Art. 6).
How Is the Information To Be Made
Available?
The directive states that the member
states shall define the practical
arrangements under which
information is effectively made
available. The same terms and
conditions governing how the public
authorities make the information
available applies also to bodies with
public responsibility for the
environment and under the control
of the public authorities (Art. 6).
What Information May Be
Requested?
Information relating to the
environment. This is very broadly
Donal O'Leary
defined in the directive at Art. 2 (a)
as "any available information in
written, visual, aural or data-base
form on the state of water, air, soil,
fauna, flora, land and natural sites,
and on activities (including those
which give rise to nuisances such as
noise) or measures adversely
affecting, or likely to so affect, these
and on activities or measures
designed to protect these, including
administrative measures and
environmental management
programmes."
Comment: This definition is very
broad and must be welcome to all
those interested in the environment.
However, the exceptions need to be
examined closely to see how effective
this definition will be in practice.
What Information May Be Refused?
Article 3 (2) allows member states to
provide for a refusal where the
information requested affects:
• the confidentiality of the
• proceedings of public authorities,
international relations and
national defence,
• public security,
• matters which are, or have been,
sub judice, or under enquiry
(including disciplinary enquiries),
or which are the subject of
preliminary investigation
proceedings,
• commercial and industrial
confidentiality, including
intellectual property,
• the confidentiality of personal
data and/or files,
• material supplied by a third party
without that party being under a
legal obligation to do so,
• material, the disclosure of which
would make it more likely that
the environment to which such
material related would be
damaged.
Note, however, that information shall
be supplied in part where it is
possible to separate out information
on items concerning the interests
referred to above. Art. 3 (2).
Finally, a request may be refused,
Art. 3 (3), if it involves:
• unfinished documents or data,
• internal communications, or is
• manifestly unreasonable,
• too general.
Must Reasons for A Refusal Be
Given?
Yes. The reasons for a refusal to
provide the information requested
must be given, Art. 3 (4).
How Soon Must a Request Be
Answered?
As soon as possible and at the latest
within two months, Art. 3 (4).
Can a Refusal or an Inadequate
Answer Be Appealed?
Yes. A person who considers that his
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