25.9.2006 Official Journal of the European Union L 264/13 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 THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 175(1) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty, in the light of the joint text approved by the Con- ciliation Committee on 22 June 2006 (2), Whereas: (1)  Community legislation in the field of the environment aims to contribute inter alia to preserving, protecting and improving the quality of the environment and pro- tecting human health, thereby promoting sustainable development. (2)  The Sixth Community Environment Action Programme (3) stresses the importance of providing adequate environ- mental information and effective opportunities for public participation in environmental decision-making, thereby increasing accountability and transparency of decision- making and contributing to public awareness and support for the decisions taken. It furthermore encourages, as did its predecessors (¥), more effective implementation and application of Community legislation on environmental protection, including the enforcement of Community rules and the taking of action against breaches of Community environmental legislation. (1) O] C 117, 30.4.2004, p. 52. (%) Opinion of the European Parliament of 31 March 2004 (O] C 103 E, 29.4.2004, p. 612), Council Common Position of 18 July 2005 (O] C 264 E, 25.10.2005, p. 18), and Position of the European Par- liament of 18 January 2006 (not yet published in the Official Jour- nal). Legislative resolution of the European Parliament of 4 July 2006 (not yet published in the Official Journal) and Decision of the Coun- cil of 18 July 2006. Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environ- ment Action Programme (O] L 242, 10.9.2002, p. 1). () Fourth Community Action Programme for the Environment (O] C 328, 7.12.1987, p. 1), Fifth Community Action Programme for the Environment (OJ C 138, 17.5.1993, p. 1). — = (3)  On 25 June 1998 the Community signed the United Nations Economic Commission for Europe (UNECE) Con- vention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (hereinafter the Aarhus Convention). The Com- munity approved the Aarhus Convention on 17 Febru- ary 2005 (°). Provisions of Community law should be consistent with that Convention. (4)  The Community has already adopted a body of legisla- tion, which is evolving and contributes to the achieve- ment of the objectives of the Aarhus Convention. Provision should be made to apply the requirements of the Convention to Community institutions and bodies. (5) It is appropriate to deal with the three pillars of the Aar- hus Convention, namely access to information, public par- ticipation in decision-making and access to justice in environmental matters, in one piece of legislation and to lay down common provisions regarding objectives and definitions. This contributes to rationalising legislation and increasing the transparency of the implementation measures taken with regard to Community institutions and bodies. (6)  As a general principle, the rights guaranteed by the three pillars of the Aarhus Convention are without discrimina- tion as to citizenship, nationality or domicile. (7)  The Aarhus Convention defines public authorities in a broad way, the basic concept being that wherever public authority is exercised, there should be rights for individu- als and their organisations. It is therefore necessary that the Community institutions and bodies covered by this Regulation be defined in the same broad and functional way. Under the Aarhus Convention, Community institu- tions and bodies can be excluded from the scope of appli- cation of the Convention when acting in a judicial or legislative capacity. However, for reasons of consistency with Regulation (EC) No 1049/2001 of the European Par- liament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Com- mission documents (%), the provisions on access to envi- ronmental information should apply to Community institutions and bodies acting in a legislative capacity. (°) Council Decision 2005/370/EC (O] L 124, 17.5.2005, p. 1). (®) OJ L 145, 31.5.2001, p. 43.