WRITTEN QUESTION No. 332/98 by Karin RIIS-JØRGENSEN to the Commission. Directive 90/313/EEC on the freedom of access to information on the environment
21. 10. 98 EN Official Journal of the European Communities C 323/31 Answer (6 July 1998) The question raised by the Honourable Member has not been discussed within the Councilís subordinate bodies. (98/C 323/38) WRITTEN QUESTION E-0332/98 by Karin Riis-Jłrgensen (ELDR) to the Commission (17 February 1998) Subject: Directive 90/313/EEC on the freedom of access to information on the environment In its answer of 6 January 1998 to Written Question E-3586/97 (1) the Commission states that the Member States are required, under Article 6 of Directive 90/313/EEC on the freedom of access to information on the environment (2), to ensure that bodies with public responsibilities for the environment and under the control of public authorities make information on the environment available on the same terms and conditions as public authorities. Private organisations and undertakings carrying out public nature protection tasks involving, for example, threatened and sick animals, are not necessarily covered by the condition in Article 6 that they must be subject to the control of public authorities. Does the Commission believe that this is compatible with the objective of Directive 90/313/EEC? Furthermore, should there in its view be any doubt at all about private organisations and undertakings with public responsibilities being covered by the Directive? (1) OJ C 174, 8. 6. 1998, p. 79. (2) OJ L 158, 23. 6. 1990, p. 56. Answer given by Mrs Bjerregaard on behalf of the Commission (26 March 1998) Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment (1) ensures freedom to information held by the public authorities. It also ensures its dissemination and sets the basic conditions for making it accessible. To that end, Article 3 stipulates that Member States must ensure that public authorities are required to make available information relating to the environment to any natural or legal person at his request and without his having to prove an interest. In accordance with Article 6 of the Directive, this obligation also applies to bodies with public responsibilities for the environment and under the control of public authorities. Under the current terms of the Directive, only public authorities and bodies with public responsibilities for the environment under the control of public authorities are required to make the information they hold on the environment available to the public. In her question, the Honourable Member specifies that the organisations and bodies to which she refers fail to meet one of the conditions set out in Article 6. The inference must therefore be that they are not covered by that Article. With regard to the last part of the question, the Commission has insufficient information to be altogether sure of the focus of the Honourable Memberís concern. Without further details it cannot provide a useful answer. (1) OJ L 158, 23. 6. 1990