91997E3586

WRITTEN QUESTION E-3586/97 by Karin Riis-Jørgensen (ELDR) to the Commission (13 November 1997)

Subject: Directive on the freedom of access to information on the environment

In some situations where people wish for information in connection with Directive 90/313/EEC ((OJ L 158, 23.6.1990, p. 56. )), uncertainty may arise about how far private organizations or firms which carry out public environmental protection tasks are covered by the directive.

In this connection, can the Commission say which organizations carrying out public nature protection tasks - e.g. the protection of threatened or sick animals - are covered by the Directive on the freedom of access to information on the environment (90/313/EEC)? Where the Commission does regard an organization as covered by the directive, does this apply irrespective of the organization's legal status?

Answer given by Mrs Bjerregaard on behalf of the Commission (6 January 1998)

Article 6 of Council Directive 90/313/EEC on the freedom of access to information on the environment ((OJ L 158, 23.6.1990. )) stipulates that Member States must take the necessary measures to ensure that information relating to the environment held by bodies with public responsibilities for the environment and under the control of public authorities is made available on the same conditions as those set out in the Directive on information on the environment held by public authorities, either by an intermediary of the competent public authority or directly by the bodies themselves.

The Directive sets out two conditions which the above-mentioned bodies must abide by in order to be covered by the provisions of this Directive. They must have public responsibilities for the environment and be under the control of public authorities. Therefore, if the Directive is to be applicable to it, a body, such as that mentioned by the Honourable Member, need only meet those two conditions. Without further information, the Commission cannot say whether or not the body mentioned in the present question is within the scope of Article 6 of Directive 90/313/EEC.