25.9.2006 EN 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 EUROPEAN UNION, Having regard to the Treaty establishing the European Community, 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 Conciliation 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 protecting human health, thereby promoting sustainable development. (2) The Sixth Community Environment Action Programme (3) stresses the importance of providing adequate environmental 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 (4), 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. (3) On 25 June 1998 the Community signed the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (hereinafter the Aarhus Convention). The Community approved the Aarhus Convention on 17 February 2005 (5). Provisions of Community law should be consistent with that Convention. (4) The Community has already adopted a body of legislation, which is evolving and contributes to the achievement 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 Aarhus Convention, namely access to information, public participation 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 discrimination 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 individuals 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 institutions and bodies can be excluded from the scope of application 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 Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (6), the provisions on access to environmental information should apply to Community institutions and bodies acting in a legislative capacity. (8) The definition of environmental information in this Regulation encompasses information in any form on the state of the environment. This definition, which has been aligned to the definition adopted for Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (7), has the same content as the one laid down in the Aarhus Convention. The definition of ‘document’ in Regulation (EC) No 1049/2001 encompasses environmental information as defined in this Regulation. (9) It is appropriate for this Regulation to provide for a definition of plans and programmes taking into account the provisions of the Aarhus Convention, in parallel with the approach followed in relation to the Member States' obligations under existing EC law. ‘Plans and programmes relating to the environment’ should be defined in relation to their contribution to the achievement, or to their likely significant effect on the achievement, of the objectives and priorities of Community environmental policy. For the ten-year period starting from 22 July 2002, the Sixth Community Environment Action Programme establishes the objectives of Community environmental policy and the actions planned to attain these objectives. At the end of this period, a subsequent environmental action programme should be adopted. (10) In view of the fact that environmental law is constantly evolving, the definition of environmental law should refer to the objectives of Community policy on the environment as set out in the Treaty. (11) Administrative acts of individual scope should be open to possible internal review where they have legally binding and external effects. Similarly, omissions should be covered where there is an obligation to adopt an administrative act under environmental law. Given that acts adopted by a Community institution or body acting in a judicial or legislative capacity can be excluded, the same should apply to other inquiry procedures where the Community institution or body acts as an administrative review body under provisions of the Treaty. (12) The Aarhus Convention calls for public access to environmental information either following a request or by active dissemination by the authorities covered by the Convention. Regulation (EC) No 1049/2001 applies to the European Parliament, the Council and the Commission, as well as to agencies and similar bodies set up by a Community legal act. It lays down rules for these institutions that comply to a great extent with the rules laid down in the Aarhus Convention. It is necessary to extend the application of Regulation (EC) No 1049/2001 to all other Community institutions and bodies. (13) Where the Aarhus Convention contains provisions that are not, in whole or in part, to be found also in Regulation (EC) No 1049/2001, it is necessary to address those, in particular with regard to the collection and dissemination of environmental information. (14) For the right of public access to environmental information to be effective, environmental information of good quality is essential. It is therefore appropriate to introduce rules that oblige Community institutions and bodies to ensure such quality. (15) Where Regulation (EC) No 1049/2001 provides for exceptions, these should apply subject to any more specific provisions in this Regulation concerning requests for environmental information. The grounds for refusal as regards access to environmental information should be interpreted in a restrictive way, taking into account the public interest served by disclosure and whether the information requested relates to emissions in the environment. The term ‘commercial interests’ covers confidentiality agreements concluded by institutions or bodies acting in a banking capacity. (16) Pursuant to Decision No 2119/98/EC of the European Parliament and the Council of 24 September 1998 setting up a network for the epidemiological surveillance and control of communicable diseases in the Community (8), a network at Community level has already been set up to promote cooperation and coordination between the Member States, with the assistance of the Commission, with a view to improving the prevention and control in the Community of a number of communicable diseases. Decision No 1786/2002/EC of the European Parliament and of the Council (9) adopts a programme of Community action in the field of public health that complements national policies. Improving information and knowledge for the development of public health and enhancing the capability to respond rapidly and in a coordinated fashion to threats to health, both of which are elements of this programme, are objectives that are equally fully in line with the requirements of the Aarhus Convention. This Regulation should therefore apply without prejudice to Decision No 2119/98/EC and Decision No 1786/2002/EC. (17) The Aarhus Convention requires Parties to make provisions for the public to participate during the preparation of plans and programmes relating to the environment. Such provisions are to include reasonable timeframes for informing the public of the environmental decision-making in question. To be effective, public participation is to take place at an early stage, when all options are open. When laying down provisions on public participation, Community institutions and bodies, should identify the public which may participate. The Aarhus Convention also requires that, to the extent appropriate, Parties shall endeavour to provide opportunities for public participation in the preparation of policies relating to the environment. (18) Article 9(3) of the Aarhus Convention provides for access to judicial or other review procedures for challenging acts and omissions by private persons and public authorities which contravene provisions of law relating to the environment. Provisions on access to justice should be consistent with the Treaty. It is appropriate in this context that this Regulation address only acts and omissions by public authorities. (19) To ensure adequate and effective remedies, including those available before the Court of Justice of the European Communities under the relevant provisions of the Treaty, it is appropriate that the Community institution or body which issued the act to be challenged or which, in the case of an alleged administrative omission, omitted to act, be given the opportunity to reconsider its former decision, or, in the case of an omission, to act. (20) Non-governmental organisations active in the field of environmental protection which meet certain criteria, in particular in order to ensure that they are independent and accountable organisations that have demonstrated that their primary objective is to promote environmental protection, should be entitled to request internal review at Community level of acts adopted or of omissions under environmental law by a Community institution or body, with a view to their reconsideration by the institution or body in question. (21) Where previous requests for internal review have been unsuccessful, the non-governmental organisation concerned should be able to institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty. (22) This Regulation respects the fundamental rights and observes the principles recognised by Article 6 of the Treaty on the European Union and reflected in the Charter of Fundamental Rights of the European Union, in particular Article 37 thereof, HAVE ADOPTED THIS REGULATION: TITLE I GENERAL PROVISIONS Article 1 Objective 1. The objective of this Regulation is to contribute to the implementation of the obligations arising under the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, hereinafter referred to as ‘the Aarhus Convention’, by laying down rules to apply the provisions of the Convention to Community institutions and bodies, in particular by: (a) guaranteeing the right of public access to environmental information received or produced by Community institutions or bodies and held by them, and by setting out the basic terms and conditions of, and practical arrangements for, the exercise of that right; (b) ensuring that environmental information is progressively made available and disseminated to the public in order to achieve its widest possible systematic availability and dissemination. To that end, the use, in particular, of computer telecommunication and/or electronic technology, where available, shall be promoted; (c) providing for public participation concerning plans and programmes relating to the environment; (d) granting access to justice in environmental matters at Community level under the conditions laid down by this Regulation. 2. In applying the provisions of this Regulation, the Community institutions and bodies shall endeavour to assist and provide guidance to the public with regard to access to information, participation in decision-making and access to justice in environmental matters. Article 2 Definitions 1. For the purpose of this Regulation: (a) ‘applicant’ means any natural or legal person requesting environmental information; (b) ‘the public’ means one or more natural or legal persons, and associations, organisations or groups of such persons; (c) ‘Community institution or body’ means any public institution, body, office or agency established by, or on the basis of, the Treaty except when acting in a judicial or legislative capacity. However, the provisions under Title II shall apply to Community institutions or bodies acting in a legislative capacity; (d) ‘environmental information’ means any information in written, visual, aural, electronic or any other material form on: (i) the state of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction among these elements; (ii) factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment referred to in point (i); (iii) measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the elements and factors referred to in points (i) and (ii) as well as measures or activities designed to protect those elements; (iv) reports on the implementation of environmental legislation; (v) cost-benefit and other economic analyses and assumptions used within the framework of the measures and activities referred to in point (iii); (vi) the state of human health and safety, including the contamination of the food chain, where relevant, conditions of human life, cultural sites and built structures in as much as they are or may be affected by the state of the elements of the environment referred to in point (i) or, through those elements, by any of the matters referred to in points (ii) and (iii); (e) ‘plans and programmes relating to the environment’ means plans and programmes, (i) which are subject to preparation and, as appropriate, adoption by a Community institution or body; (ii) which are required under legislative, regulatory or administrative provisions; and (iii) which contribute to, or are likely to have significant effects on, the achievement of the objectives of Community environmental policy, such as laid down in the Sixth Community Environment Action Programme, or in any subsequent general environmental action programme. General environmental action programmes shall also be considered as plans and programmes relating to the environment. This definition shall not include financial or budget plans and programmes, namely those laying down how particular projects or activities should be financed or those related to the proposed annual budgets, internal work programmes of a Community institution or body, or emergency plans and programmes designed for the sole purpose of civil protection; (f) ‘environmental law’ means Community legislation which, irrespective of its legal basis, contributes to the pursuit of the objectives of Community policy on the environment as set out in the Treaty: preserving, protecting and improving the quality of the environment, protecting human health, the prudent and rational utilisation of natural resources, and promoting measures at international level to deal with regional or worldwide environmental problems; (g) ‘administrative act’ means any measure of individual scope under environmental law, taken by a Community institution or body, and having legally binding and external effects; (h) ‘administrative omission’ means any failure of a Community institution or body to adopt an administrative act as defined in (g). 2. Administrative acts and administrative omissions shall not include measures taken or omissions by a Community institution or body in its capacity as an administrative review body, such as under: (a) Articles 81, 82, 86 and 87 of the Treaty (competition rules); (b) Articles 226 and 228 of the Treaty (infringement proceedings); (c) Article 195 of the Treaty (Ombudsman proceedings); (d) Article 280 of the Treaty (OLAF proceedings). TITLE II ACCESS TO ENVIRONMENTAL INFORMATION Article 3 Application of Regulation (EC) No 1049/2001 Regulation (EC) No 1049/2001 shall apply to any request by an applicant for access to environmental information held by Community institutions and bodies without discrimination as to citizenship, nationality or domicile and, in the case of a legal person, without discrimination as to where it has its registered seat or an effective centre of its activities. For the purposes of this Regulation, the word ‘institution’ in Regulation (EC) No 1049/2001 shall be read as ‘Community institution or body’. Article 4 Collection and dissemination of environmental information 1. Community institutions and bodies shall organise the environmental information which is relevant to their functions and which is held by them, with a view to its active and systematic dissemination to the public, in particular by means of computer telecommunication and/or electronic technology in accordance with Articles 11(1) and (2), and 12 of Regulation (EC) No 1049/2001. They shall make this environmental information progressively available in electronic databases that are easily accessible to the public through public telecommunication networks. To that end, they shall place the environmental information that they hold on databases and equip these with search aids and other forms of software designed to assist the public in locating the information they require. The information made available by means of computer telecommunication and/or electronic technology need not include information collected before the entry into force of this Regulation unless it is already available in electronic form. Community institutions and bodies shall as far as possible indicate where information collected before entry into force of this Regulation which is not available in electronic form is located. Community institutions and bodies shall make all reasonable efforts to maintain environmental information held by them in forms or formats that are readily reproducible and accessible by computer telecommunications or by other electronic means. 2. The environmental information to be made available and disseminated shall be updated as appropriate. In addition to the documents listed in Article 12(2) and (3) and in Article 13(1) and (2) of Regulation (EC) No 1049/2001, the databases or registers shall include the following: (a) texts of international treaties, conventions or agreements, and of Community legislation on the environment or relating to it, and of policies, plans and programmes relating to the environment; (b) progress reports on the implementation of the items referred to under (a) where prepared or held in electronic form by Community institutions or bodies; (c) steps taken in proceedings for infringements of Community law from the stage of the reasoned opinion pursuant to Article 226(1) of the Treaty; (d) reports on the state of the environment as referred to in paragraph 4; (e) data or summaries of data derived from the monitoring of activities affecting, or likely to affect, the environment; (f) authorisations with a significant impact on the environment, and environmental agreements, or a reference to the place where such information can be requested or accessed; (g) environmental impact studies and risk assessments concerning environmental elements, or a reference to the place where such information can be requested or accessed. 3. In appropriate cases, Community institutions and bodies may satisfy the requirements of paragraphs 1 and 2 by creating links to Internet sites where the information can be found. 4. The Commission shall ensure that, at regular intervals not exceeding four years, a report on the state of the environment, including information on the quality of, and pressures on, the environment is published and disseminated. Article 5 Quality of the environmental information 1. Community institutions and bodies shall, insofar as is within their power, ensure that any information that is compiled by them, or on their behalf, is up-to-date, accurate and comparable. 2. Community institutions and bodies shall, upon request, inform the applicant of the place where information on the measurement procedures, including methods of analysis, sampling and pre-treatment of samples, used in compiling the information can be found, if it is available. Alternatively, they may refer them to the standardised procedure that was used. Article 6 Application of exceptions concerning requests for access to environmental information 1. As regards Article 4(2), first and third indents, of Regulation (EC) No 1049/2001, with the exception of investigations, in particular those concerning possible infringements of Community law, an overriding public interest in disclosure shall be deemed to exist where the information requested relates to emissions into the environment. As regards the other exceptions set out in Article 4 of Regulation (EC) No 1049/2001, the grounds for refusal shall be interpreted in a restrictive way, taking into account the public interest served by disclosure and whether the information requested relates to emissions into the environment. 2. In addition to the exceptions set out in Article 4 of Regulation (EC) No 1049/2001, Community institutions and bodies may refuse access to environmental information where disclosure of the information would adversely affect the protection of the environment to which the information relates, such as the breeding sites of rare species. Article 7 Requests for access to environmental information which is not held by a Community institution or body Where a Community institution or body receives a request for access to environmental information and where this information is not held by that Community institution or body, it shall, as promptly as possible, but within 15 working days at the latest, inform the applicant of the Community institution or body or the public authority within the meaning of Directive 2003/4/EC to which it believes it is possible to apply for the information requested or transfer the request to the relevant Community institution or body or the public authority and inform the applicant accordingly. Article 8 Cooperation In the event of an imminent threat to human health, life or the environment, whether caused by human activities or due to natural causes, Community institutions and bodies shall, upon request of public authorities within the meaning of Directive 2003/4/EC, collaborate with and assist those public authorities in order to enable the latter to disseminate immediately and without delay to the public that might be affected all environmental information which could enable it to take measures to prevent or mitigate harm arising from the threat, to the extent that this information is held by or on behalf of Community institutions and bodies and/or those public authorities. The first subparagraph shall apply without prejudice to any specific obligation laid down by Community legislation, in particular by Decision No 2119/98/EC and by Decision No 1786/2002/EC. TITLE III PUBLIC PARTICIPATION CONCERNING PLANS AND PROGRAMMES RELATING TO THE ENVIRONMENT Article 9 1. Community institutions and bodies shall provide, through appropriate practical and/or other provisions, early and effective opportunities for the public to participate during the preparation, modification or review of plans or programmes relating to the environment when all options are still open. In particular, where the Commission prepares a proposal for such a plan or programme which is submitted to other Community institutions or bodies for decision, it shall provide for public participation at that preparatory stage. 2. Community institutions and bodies shall identify the public affected or likely to be affected by, or having an interest in, a plan or programme of the type referred to in paragraph 1, taking into account the objectives of this Regulation. 3. Community institutions and bodies shall ensure that the public referred to in paragraph 2 is informed, whether by public notices or other appropriate means, such as electronic media where available, of: (a) the draft proposal, where available; (b) the environmental information or assessment relevant to the plan or programme under preparation, where available; and (c) practical arrangements for participation, including: (i) the administrative entity from which the relevant information may be obtained, (ii) the administrative entity to which comments, opinions or questions may be submitted, and (iii) reasonable time-frames allowing sufficient time for the public to be informed and to prepare and participate effectively in the environmental decision-making process. 4. A time limit of at least eight weeks shall be set for receiving comments. Where meetings or hearings are organised, prior notice of at least four weeks shall be given. Time limits may be shortened in urgent cases or where the public has already had the opportunity to comment on the plan or programme in question. 5. In taking a decision on a plan or programme relating to the environment, Community institutions and bodies shall take due account of the outcome of the public participation. Community institutions and bodies shall inform the public of that plan or programme, including its text, and of the reasons and considerations upon which the decision is based, including information on public participation. TITLE IV INTERNAL REVIEW AND ACCESS TO JUSTICE Article 10 Request for internal review of administrative acts 1. Any non-governmental organisation which meets the criteria set out in Article 11 is entitled to make a request for internal review to the Community institution or body that has adopted an administrative act under environmental law or, in case of an alleged administrative omission, should have adopted such an act. Such a request must be made in writing and within a time limit not exceeding six weeks after the administrative act was adopted, notified or published, whichever is the latest, or, in the case of an alleged omission, six weeks after the date when the administrative act was required. The request shall state the grounds for the review. 2. The Community institution or body referred to in paragraph 1 shall consider any such request, unless it is clearly unsubstantiated. The Community institution or body shall state its reasons in a written reply as soon as possible, but no later than 12 weeks after receipt of the request. 3. Where the Community institution or body is unable, despite exercising due diligence, to act in accordance with paragraph 2, it shall inform the non-governmental organisation which made the request as soon as possible and at the latest within the period mentioned in that paragraph, of the reasons for its failure to act and when it intends to do so. In any event, the Community institution or body shall act within 18 weeks from receipt of the request. Article 11 Criteria for entitlement at Community level 1. A non-governmental organisation shall be entitled to make a request for internal review in accordance with Article 10, provided that: (a) it is an independent non-profit-making legal person in accordance with a Member State's national law or practice; (b) it has the primary stated objective of promoting environmental protection in the context of environmental law; (c) it has existed for more than two years and is actively pursuing the objective referred to under (b); (d) the subject matter in respect of which the request for internal review is made is covered by its objective and activities. 2. The Commission shall adopt the provisions which are necessary to ensure transparent and consistent application of the criteria mentioned in paragraph 1. Article 12 Proceedings before the Court of Justice 1. The non-governmental organisation which made the request for internal review pursuant to Article 10 may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty. 2. Where the Community institution or body fails to act in accordance with Article 10(2) or (3) the non-governmental organisation may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty. TITLE V FINAL PROVISIONS Article 13 Application measures Where necessary, Community institutions and bodies shall adapt their rules of procedure to the provisions of this Regulation. These adaptations shall take effect from 28 June 2007. Article 14 Entry into force This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union. It shall apply from 28 June 2007. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Strasbourg, 6 September 2006. For the European Parliament The President J. BORRELL FONTELLES For the Council The President P. LEHTOMÄKI (1) OJ C 117, 30.4.2004, p. 52. (2) Opinion of the European Parliament of 31 March 2004 (OJ C 103 E, 29.4.2004, p. 612), Council Common Position of 18 July 2005 (OJ C 264 E, 25.10.2005, p. 18), and Position of the European Parliament of 18 January 2006 (not yet published in the Official Journal). Legislative resolution of the European Parliament of 4 July 2006 (not yet published in the Official Journal) and Decision of the Council of 18 July 2006. (3) Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (OJ L 242, 10.9.2002, p. 1). (4) Fourth Community Action Programme for the Environment (OJ C 328, 7.12.1987, p. 1), Fifth Community Action Programme for the Environment (OJ C 138, 17.5.1993, p. 1). (5) Council Decision 2005/370/EC (OJ L 124, 17.5.2005, p. 1). (6) OJ L 145, 31.5.2001, p. 43. (7) OJ L 41, 14.2.2003, p. 26. (8) OJ L 268, 3.10.1998, p. 1. Decision as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1). (9) OJ L 271, 9.10.2002, p. 1. Decision as amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

Summary: Environmental information — public participation and access to justice (Aarhus Convention) Environmental information — public participation and access to justice (Aarhus Convention) SUMMARY OF: Regulation (EC) No 1367/2006 on the application of the provisions of the Aarhus Convention WHAT IS THE AIM OF THE REGULATION? It requires European Union (EU) institutions and bodies to implement the obligations contained in the Aarhus Convention (see summary). The convention gives the public the right to: access environmental information; participate in decision-making; justice on environmental issues. KEY POINTS Access to environmental information EU institutions and bodies must: guarantee public access to environmental information held by them, under the conditions laid down in the regulation; ensure that environmental information is progressively made available and disseminated to the public; organise the information in databases which the public can easily access; update the information and ensure it is accurate and comparable; reply to any requests for environmental information within 15 working days. Environmental databases or registers must contain: texts of international treaties, conventions or agreements, policies, plans and programmes; progress reports on the implementation of the above; steps taken in proceedings for infringements of EU law; reports on the state of the environment; monitoring data of activities that could affect the environment; authorisations given that could affect the environment; environmental impact studies and risk assessments. Requests for information may only be refused in specific circumstances, such as ongoing legal proceedings, or if they might harm the environment by, for instance, revealing breeding sites of rare species. Public participation in environmental decision-making EU institutions and bodies must provide early and effective opportunities for the public to participate in decision-making regarding environmental plans or programmes. Where the European Commission prepares a plan or programme to be submitted to other EU bodies for decision, it must provide for public participation at that preparatory stage. EU institutions and bodies must identify the public likely to be affected by a plan or programme and ensure they are informed of: the draft proposal; relevant environmental information; practical arrangements for public participation, including: where further information can be obtained,to whom comments, opinions or questions can be submitted,reasonable time frames to allow the public to prepare and participate effectively in the decision-making process. A time limit of at least 8 weeks is set for receiving comments, with at least 4 weeks’ notice of any meetings or hearings. EU institutions and bodies must take due account of the outcome of the public participation and inform the public of any decisions and on what basis they were made, including information on public participation. Internal review and access to justice Members of the public, under certain conditions, are entitled to make a request for internal review to the EU institution or body that adopted an administrative act or, in the case of an omission, should have adopted such an act, on the grounds that such an act or omission contravenes environmental law. A non-governmental organisation (NGO) can make a request, if: it is an independent non-profit-making legal person in accordance with an EU Member State’s national law or practice; it has the primary stated objective of promoting environmental protection in the context of environmental law; it has existed for more than 2 years; the subject matter concerned is covered by its objective and activities. A request for internal review may also be made by other members of the public, if they can either: demonstrate that their rights are directly affected by the alleged contravention of EU environmental law compared to the public at large; or demonstrate sufficient public interest, supported by at least 4,000 members of the public from at least five Member States, with at least 250 members of the public coming from each of those Member States. Requests made by such other members of the public must be submitted either by an environmental NGO meeting the criteria outlined above or by a lawyer authorised to practise in an EU Member State. Such requests must be made within 6 weeks of the administrative act being adopted, notified or published, whichever is the latest. EU institutions and bodies must publish all requests for internal review as soon as possible after receipt, as well as all final decisions on those requests as soon as possible after they are adopted. The EU institution or body must act within 22 weeks of the expiry of the 6-week submission deadline. Where the EU institution or body fails to act on a request for an internal review, or when a request is rejected, the NGO or other members of the public may institute proceedings before the Court of Justice of the European Union. FROM WHEN DOES THE REGULATION APPLY? It has applied since 28 June 2007. Certain amended rules, principally on access to justice, have applied since 28 October 2021. The rules allowing other members of the public in addition to environmental NGOs access to internal review will apply as of 29 April 2023. BACKGROUND For further information, see: Aarhus Convention (European Commission). MAIN DOCUMENT 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 Union institutions and bodies (OJ L 264, 25.9.2006, pp. 13–19). Successive amendments to Regulation (EC) No 1367/2006 have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (OJ L 156, 25.6.2003, pp. 17–25). See consolidated version. Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, pp. 26–32). last update 03.12.2021


22.7.2005 EN Official Journal of the European Union L 191/22 REGULATION (EC) No 1161/2005 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 July 2005 on the compilation of quarterly non-financial accounts by institutional sector THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Central Bank (1), Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), Whereas: (1) The Action Plan on Economic and Monetary Union (EMU) Statistical Requirements endorsed by the Ecofin Council in September 2000 specifies that a limited set of quarterly sector accounts is urgently needed, and that these should be available within 90 days of the end of the quarter concerned. (2) The Joint Report of the Ecofin Council and the Commission to the European Council on Eurozone statistics and indicators, as adopted by the Ecofin Council on 18 February 2003, emphasises that high priority actions in several fields, including quarterly national accounts by institutional sector, should be fully implemented by 2005. (3) The analysis of cyclical movements in the European Union economy and the conduct of monetary policy within the EMU require macroeconomic statistics on the economic behaviour and the interrelationship of individual institutional sectors which are impossible to identify in data compiled at the level of the economy as a whole. There is, therefore, a need to produce quarterly accounts by institutional sector, for the European Union as a whole and for the euro area. (4) Production of these accounts is part of the overall aim to compile a system of annual and quarterly accounts for the European Union and for the euro area. The system includes the main macroeconomic aggregates and the financial and non-financial accounts by institutional sector. The aim is to achieve consistency across all these accounts and, with regard to the rest of the world accounts, between the balance of payments and the national accounts data. (5) The compilation of European accounts by institutional sector, in accordance with the principles of the European system of national and regional accounts in the Community as set out in Council Regulation (EC) No 2223/96 (3), requires the transmission by Member States of quarterly national accounts by institutional sector. However, the European accounts must reflect the economy of the European area as a whole and may differ from the simple aggregation of Member States’ accounts. In particular, the objective is to take account of the transactions of the institutions and bodies of the European Union in the accounts of the area concerned (the European Union or the euro-zone, whichever is applicable). (6) The production of specific Community statistics is governed by the rules set out in Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics (4). (7) Since the objective of this Regulation, namely the compilation of quarterly non-financial accounts by institutional sector for the European Union and the euro area, cannot be achieved satisfactorily by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective. In particular, where Member States make a negligible contribution to the European totals, they should not be required to report the full detail of data. (8) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5). (9) The Statistical Programme Committee set up by Council Decision 89/382/EEC, Euratom (6) and the Committee on Monetary, Financial and Balance of Payments Statistics set up by Council Decision 91/115/EEC (7) have been consulted, HAVE ADOPTED THIS REGULATION: Article 1 Purpose This Regulation provides a common framework for the contributions of the Member States to the compilation of quarterly European non-financial accounts by institutional sector. Article 2 Transmission of quarterly non-financial accounts by institutional sector 1. Member States shall transmit to the Commission quarterly non-financial accounts by institutional sector, as specified in the Annex, except, in the first instance, items P.1, P.2, D.42, D.43, D.44, D.45 and B.4G. 2. A timetable for the transmission of items P.1, P.2, D.42, D.43, D.44, D.45, and B.4G, respectively, and any decision to require a breakdown of the transactions listed in the Annex by counterpart sector shall be adopted in accordance with the procedure referred to in Article 8(2). Any such decision shall not be adopted before the Commission has reported to the European Parliament and the Council on the implementation of this Regulation pursuant to Article 9. 3. The quarterly data referred to in paragraph 1 shall be delivered to the Commission at the latest 90 calendar days after the end of the quarter to which the data relate. During a transitional period of three years from the entry into force of this Regulation the quarterly data referred to in paragraph 1 shall be delivered to the Commission at the latest 95 calendar days after the end of the quarter to which the data relate. Any revision of the data for previous quarters shall be transmitted at the same time. 4. The time of transmission specified in paragraph 3 may be adjusted, by a maximum of five days, in accordance with the procedure referred to in Article 8(2). 5. The first transmission of quarterly data shall relate to data for the third quarter of 2005. Member States shall deliver these data no later than 3 January 2006. This first transmission shall include back data for the periods from the first quarter of 1999. Article 3 Reporting obligations 1. All Member States shall transmit the data described in the Annex, with respect to the rest of the world sector (S.2) and the general government sector (S.13). A Member State for which gross domestic product at current prices normally represents more than 1 % of the corresponding Community total shall transmit the data described in the Annex for all institutional sectors. 2. The Commission shall determine the percentage of Community total gross domestic product at current prices that a Member State’s gross domestic product normally represents, as specified in paragraph 1, on the basis of the arithmetic mean of the latest three years’ annual data transmitted by Member States. 3. The proportion (1 %) of the Community total referred to in paragraph 1 may be adjusted in accordance with the procedures referred to in Article 8(2). 4. Derogations from this Regulation may be accepted by the Commission if national statistical systems require major adaptation. Such derogations shall last not more than three years from the date of entry into force of this Regulation, or that of the implementing measures adopted in accordance with the procedure referred to in Article 8(2). Article 4 Definitions and standards The standards, definitions, classifications, and accounting rules for data transmitted for the purposes of this Regulation shall be those laid down in Regulation (EC) No 2223/96 (hereinafter referred to as the ESA Regulation). Article 5 Data sources and consistency requirements 1. Member States shall compile the information requested in this Regulation using all sources they consider relevant, giving priority to direct information such as administrative sources or surveys of enterprises and households. When such direct information cannot be collected, in particular for the back data required under Article 2(5), best estimates may be transmitted. 2. Data transmitted by Member States for the purposes of this Regulation shall be consistent with the quarterly non-financial accounts of the general government and the quarterly main aggregates of the total economy, transmitted to the Commission under the data transmission programme of the ESA Regulation. 3. The quarterly data transmitted by Member States for the purposes of this Regulation shall be aligned with the corresponding annual data transmitted under the data transmission programme of the ESA Regulation. Article 6 Quality standards and reports 1. Member States shall take all measures necessary to ensure that the quality of the data transmitted improves over time to meet the common quality standards to be defined in accordance with the procedure referred to in Article 8(2). 2. Member States shall supply the Commission with an up-to-date description of the sources, methods and statistical treatments used within a year of their first transmission of data. 3. Member States shall inform the Commission of major methodological or other changes that would affect the data transmitted not later than three months after such change takes effect. Article 7 Implementing measures The implementing measures shall be laid down in accordance with the procedure referred to in Article 8(2). Such measures shall include: (a) determining the timetable for the transmission of the items P.1, P.2, D.42, D.43, D.44, D.45 and B.4G pursuant to Article 2(2); (b) requiring the transactions shown in the Annex to be broken down by counterpart sector in accordance with Article 2(2); (c) revising the timetable of quarterly transmissions pursuant to Article 2(4); (d) adjusting the proportion (1 %) of the Community total to determine the obligation to transmit data for all institutional sectors pursuant to Article 3(3); (e) defining data quality standards in accordance with Article 6(1). Article 8 Committee procedure 1. The Commission shall be assisted by the Statistical Programme Committee. 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The Committee shall adopt its rules of procedure. Article 9 Report on implementation Within five years of the entry into force of this Regulation, the Commission shall submit a report to the European Parliament and the Council on its implementation. In particular, this report shall: (a) provide information on the quality of the statistics produced; (b) assess the benefits accruing to the Community, the Member States and the providers and users of statistical information of the statistics produced in relation to their costs; (c) identify areas for potential improvement and amendments considered necessary in light of the results obtained. Article 10 Entry into force This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Strasbourg, 6 July 2005. For the European Parliament For the President J. BORRELL FONTELLES For the Council The President J. STRAW (1) OJ C 42, 18.2.2004, p. 23. (2) Opinion of the European Parliament of 30 March 2004 (OJ C 103 E, 29.4.2004, p. 141), Council Common Position of 8 March 2005 (not yet published in the Official Journal) and Position of the European Parliament of 26 May 2005 (not yet published in the Official Journal). (3) OJ L 310, 30.11.1996, p. 1. Regulation as last amended by Regulation (EC) No 1267/2003 of the European Parliament and of the Council (OJ L 180, 18.7.2003, p. 1). (4) OJ L 52, 22.2.1997, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). (5) OJ L 184, 17.7.1999, p. 23. (6) OJ L 181, 28.6.1989, p. 47. (7) OJ L 59, 6.3.1991, p. 19. ANNEX Data transmission

Summary: EU countries’ quarterly non-financial accounts by institutional sector EU countries’ quarterly non-financial accounts by institutional sector SUMMARY OF: Regulation (EC) No 1161/2005 on collecting non-financial accounts by institutional sector WHAT IS THE AIM OF THE REGULATION? It draws up a set of rules for European Union (EU) countries to compile consistent quarterly non-financial statistics on the economic behaviour of individual institutional sectors*. KEY POINTS EU countries must submit quarterly non-financial accounts to the European Commission, broken down by the following institutional sectors: total economy, unspecified total economy (generally pertaining to taxes and subsidies), non-financial corporations (private and public corporate enterprises that produce goods or provide non-financial services), financial corporations (private and public entities engaged in financial services such as banks, insurance and pension funds), general government, households and non-profit institutions serving households (NPISHs, e.g. charities and trade unions), rest of the world (transactions with non-EU residents). The annex to the regulation provides a detailed matrix of the specific types of data required for each institutional sector, differentiating between uses and resources. The data required include: individual and collective consumption expenditure, capital formation, exports and imports of goods and services, employee compensation, property income, interest and rents, taxes, subsidies, social contributions and benefits, insurance premiums and claims, capital transfers, capital taxes and investment grants, consumption of fixed capital, gross value added, disposable income, saving, net lending and borrowing. All EU countries must submit data corresponding to the rest of the world and general government sectors, while only those whose gross domestic product is normally more than 1 % of the EU total need to provide data for all institutional sectors. The accounts must be delivered at the latest 90 days after the end of the quarter to which the data relate, and must conform with Regulation (EC) No 2223/96 which introduced the 1995 version of the European system of accounts. In providing the data, EU countries should give priority to direct information, such as administrative sources or surveys of businesses and households, and must supply the Commission with a description of the sources, methods and statistical treatments used. The Commission will submit a report to the European Parliament and to the Council on the implementation of the regulation within 5 years. FROM WHEN DOES THE REGULATION APPLY? It has applied since 11 August 2005. BACKGROUND For more information, see: ‘Institutional sectors’ on Eurostat's website. * KEY TERMS institutional sector: an institutional sector combines groupings which have broadly similar characteristics and behaviours, in this case as a tool to gather useful statistics. MAIN DOCUMENT Regulation (EC) No 1161/2005 of the European Parliament and of the Council of 6 July 2005 on the compilation of quarterly non-financial accounts by institutional sector (OJ L 191, 22.7.2005, pp. 22-28) Successive amendments to Regulation (EC) No 1161/2005 have been incorporated in the original text. This consolidated version is of documentary value only. last update 19.10.2016


10.2.2005 EN Official Journal of the European Union L 37/17 DECISION OF THE SECRETARIES-GENERAL OF THE EUROPEAN PARLIAMENT, THE COUNCIL, THE COMMISSION, THE COURT OF JUSTICE, THE COURT OF AUDITORS, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMITTEE OF THE REGIONS AND THE REPRESENTATIVE OF THE EUROPEAN OMBUDSMAN of 26 January 2005 on the organisation and running of the European Administrative School (2005/119/EC) THE SECRETARIES-GENERAL OF THE EUROPEAN PARLIAMENT, THE COUNCIL, THE COMMISSION, THE REGISTRAR OF THE COURT OF JUSTICE, THE SECRETARIES-GENERAL OF THE COURT OF AUDITORS, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE, THE COMMITTEE OF THE REGIONS AND THE REPRESENTATIVE OF THE EUROPEAN OMBUDSMAN, Having regard to the Staff Regulations of officials of the European Communities and to the Conditions of Employment of other servants of the European Communities, as laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), Having regard to the Decision 2005/118/EC of the European Parliament, the Council, the Commission, the Court of Justice, the court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the European Ombudsman of 26 January 2005 setting up a European Administrative School (2), and in particular Article 5 thereof, Having consulted the Staff Regulations Committee, Whereas: (1) Inter-institutional cooperation on training should be reinforced, in particular with a view to transmitting values common to all the Community institutions. Such cooperation represents considerable value added, in particular in terms of access to training, a wider range of training on offer and a reduction in unit costs. (2) The principle of sound management dictates that a gradual approach should be adopted to setting up the European Administrative School, hereafter ‘the School’. (3) The Decision setting up the School leaves scope for the Secretaries-General, the Registrar of the Court of Justice and the Representative of the Ombudsman to identify the fields of training to be assigned to it. (4) Where one of the signatory institutions implements a staff policy requiring training in a special field which the School is called upon to provide, such a policy should be facilitated by ensuring a minimum number of places on the School’s courses for staff of that institution, especially if such training is obligatory or a precondition for exercising particular functions, particularly management functions. (5) The School, like any other training body, should draw advantage from cooperation at European level by participating in relevant networks. (6) The details of the attachment of the School to the European Communities Personnel Selection Office, as provided for in Article 4 of the Decision setting up the School, should be laid down, HAVE DECIDED AS FOLLOWS: Article 1 Duties of the European Administrative School 1. The European Administrative School, hereafter ‘the School’, shall design, organise and evaluate, on behalf of the signatory institutions to the Decision setting up the School (hereafter ‘the institutions’), the following types of training: (a) management courses for officials and other servants who are called upon, or may be called upon, to perform management functions; (b) induction courses for new members of staff; (c) compulsory training as provided for in Article 45a of the Staff Regulations as part of the process for transferring between function groups. 2. Management and induction courses as referred to in points (a) and (b) of paragraph 1 may be organised by each of the institutions to supplement those organised by the School in line with their own specific needs. The School shall have exclusive responsibility for organising the training referred to in point (c) of paragraph 1. Article 2 Responsibilities of the institutions 1. The appointing authority in each institution shall make a sufficient number of officials available to the School as trainers according to rules adopted by the Management Board as provided for in point (g) of Article 7. 2. At the request of the School and depending on availability, the institutions shall provide it with training rooms in accordance with rules to be set by the Management Board. Article 3 Other services 1. Under an agreement between the Principal of the School and any body, office or agency, the School may admit participants from them to the courses which it organises on behalf of the institutions to the extent that there are places free. 2. Specifically in the case of the training provided for in point (c) of Article 1(1), a number of places shall be reserved each year for the Community bodies, offices and agencies, taking account of declared needs, in order to guarantee equal treatment of staff assigned to them in connection with Article 45a of the Staff Regulations. The number of places and the contributions to costs shall be set each year by the Management Board. 3. By written agreement, the School may include courses in its training programmes which are requested by a Community body, office or agency provided this does not hinder the organising of courses for the institutions. Any agreement of this kind shall set out the financial details of the services to be provided by the School and shall require the prior approval of the Management Board before coming into effect. 4. Where appropriate, and at the request of an institution or any Community body, office or agency, the School may provide assistance in the form of training expertise or other activities relating to its field of responsibility by means of an agreement with the Principal of the School setting out the financial details of this service. Article 4 Complaints and requests 1. The Principal of the School shall exercise the powers conferred on the appointing authority under Article 90 of the Staff Regulations in respect of all requests or complaints relating to the tasks of the School. 2. In the event of any such complaints, the Principal of the School shall consult the Chairman of the Management Board where he or she intends to endorse the original decision. 3. The School shall answer requests from the European Ombudsman concerning any matter falling within its area of responsibility under this Decision. Article 5 Organisation of activities 1. As a general rule, the courses organised by the School shall be given in both Brussels and Luxembourg. Other places of employment may be taken into consideration, consistent with the principle of sound management. 2. The Management Board shall ensure balanced access to courses for staff of the different institutions. It shall ensure, in particular, that a minimum number of places on the School’s courses are available for staff of any institution, where special training which the School has been asked to provide is obligatory or a precondition for exercising particular functions, particularly management functions. As part of the process of devising the annual work programme, any institution concerned shall notify its needs in the relevant fields. Appropriate priority shall be given in the final work programme to organising such courses. 3. So that signatory institutions may be able to cope with special and temporary situations, they may ask the School to admit a number of participants which is higher than its relative share of the total population, transferring to it the requisite budget resources. Article 3(2) shall apply. 4. The School may engage in cooperation with other colleges of administration, institutes and universities active in the same field. Such cooperation may include mutual exchanges. Article 6 Management Board During the period when the School is attached to the European Communities Personnel Selection Office, hereafter ‘the Office’, the function of the Management Board of the School shall be carried out by the Management Board of the Office according to the terms of Article 5 of Decision 2002/621/EC of the Secretaries-General of the European Parliament, the Council and the Commission, the Registrar of the Court of Justice, the Secretaries-General of the Court of Auditors, the Economic and Social Committee and the Committee of the Regions, and the Representative of the European Ombudsman (3). Article 7 Tasks of the Management Board In the common interest of the institutions, the Management Board shall: (a) acting by a qualified majority, approve the rules governing the running of the School; (b) acting by a simple majority on a proposal from the Principal of the School, approve the organisational structure of the School; (c) acting by a simple majority under the budget procedure on the basis of a draft drawn up by the Principal of the School, prepare an estimate of the School's revenue and expenditure and send it to the Commission with a view to the drawing-up of the estimate of the Commission's revenue and expenditure; at the same time it shall propose to the Commission any adjustments to the School’s establishment plan that it deems necessary; (d) acting by a simple majority, approve the type of and the rates chargeable for additional services that the School may perform against payment for the institutions, bodies, offices and agencies and the terms and conditions on which the School may perform them; (e) acting unanimously on a proposal from the Principal of the School, approve the work programme. The work programme shall also cover services not relating directly to training activities; (f) acting by a qualified majority on the basis of a draft drawn up by the Principal of the School, approve an annual management report covering all individual revenue and expenditure headings relating to work performed and services provided by the School. Before 1 May each year, it shall send to the institutions the report on the preceding financial year, drawn up in the light of the analytical accounts; (g) acting by a qualified majority on the basis of training needs, define the rules governing how each institution is to provide the School with an adequate number of officials to serve as trainers. Article 8 Appointment of staff 1. While the School is attached to the Office, the function of Principal of the School shall be carried out by the Head of the Office. 2. The Principal shall be the appointing authority for the staff of the School. 3. The Principal shall inform the Management Board of appointments made, contracts signed, promotions granted and disciplinary proceedings initiated against officials or other servants. 4. The officials of all Community institutions shall be informed of posts vacant within the School as soon as the Appointing Authority decides to fill those posts. 5. When carrying out tasks judged non-essential, the School may make use of contract staff as defined in Article 3a(1)(c) of the Conditions of employment of other servants. Article 9 Duties of the Principal and management of staff 1. The Principal shall be responsible for the smooth running of the School. Within the area of responsibility of the Management Board, he or she shall act under the authority of the latter. He or she shall provide secretarial services for the Management Board, shall report to it on the performance of his or her duties and shall submit to it any suggestion for the smooth running of the School. 2. Administrative procedures connected with the day-to-day management of staff, such as salaries, leave, and sickness, accident and retirement insurance, shall be carried out under the same conditions as for the officials and other servants of the Commission. That list shall not be exhaustive and the School may extend it to cover other areas in agreement with the Commission. Article 10 The Head of the School 1. While the School is attached to the Office, a Head of the School shall be appointed by the Commission after obtaining the Management Board’s opinion in favour, arrived at by simple majority. The Management Board shall be closely involved in the procedures to be followed for appointing the Head of the School, in particular the drafting of the vacancy notice and the scrutiny of applications. 2. The Head of the School shall be responsible, under the authority of the Head of the Office, for carrying out the duties set out in Article 2 of the Decision setting up the European Administrative School. He or she shall attend the meetings of the Management Board which discuss points falling within his or her responsibility. Article 11 Financial aspects 1. The appropriations allocated to the School, the total amount of which shall be entered in a separate budget heading within the section of the budget relating to the Commission, shall be set out in detail in an Annex to that section. That Annex shall take the form of a statement of revenue and expenditure, subdivided in the same way as the sections of the budget. 2. The establishment plan of the School shall be annexed to the Commission’s establishment plan. 3. As regards the appropriations for the School entered in the Annex hereto, the Commission shall, on the basis of a proposal from the Management Board, delegate the powers of authorising officer to the Principal of the School and shall set the limits and conditions applying to that delegation of powers. At the end of the financial year the Management Board shall inform the budgetary authority of the breakdown of amounts obtained in return for extra services provided by the School, within the budget heading in the Annex hereto. 4. The School’s budget shall be drawn up and executed in accordance with Council Regulation (EC, Euratom) No 1605/2002 (4). 5. While the School is attached to the Office, the financial provisions in paragraphs 1 to 4, and in particular the budget for the School and its staff, shall be dealt with in the context of the budget of the Office. The rules relevant to the Office’s budget shall apply. To make it easier to identify the resources allocated to the School while complying with the budget rules, the staff of the School shall be shown separately in the Office’s establishment plan and the operational appropriations specific to the School shall be given in a separate Article of Annex IV. Article 12 Review of duties 1. This Decision shall be reviewed, as regards the duties referred to in Article 1(1), at the earliest after a period of three years following the establishment of the School. 2. Any changes to these duties shall require the unanimous agreement of the Secretaries-General, the Registrar of the Court of Justice and the Representative of the Ombudsman on the basis of a relevant proposal adopted by the Management Board by a qualified majority as defined in Article 5(6) of Decision 2002/621/EC in the light of a detailed report prepared by the Principal. Article 13 Review of the attachment to the Office 1. At the latest at the end of the School’s third year of activity, the Head of the Office shall prepare a detailed report to the Management Board regarding the administrative attachment of the School to the Office. The Management Board may decide to end this attachment by a decision taken in accordance with the rules laid down in Article 4(3) of the Decision setting up the School. Where the Management Board decides that the attachment should continue, its decision shall include a reasoned opinion. 2. Where the Management Board decides under the procedure provided for in paragraph 1 that the attachment shall be renewed, it shall indicate in the decision the date by which it will re-examine the matter. Article 14 Effective date This Decision shall take effect on the day of its publication in the Official Journal of the European Union. Done at Brussels, 26 January 2005. For the European Parliament The Secretary-General Julian PRIESTLEY For the Commission The Secretary-General David O’SULLIVAN For the Court of Auditors The Secretary-General Michel HERVÉ For the Committee of the Regions The Secretary-General Gerhard STAHL For the Council The Deputy General Secretary Pierre DE BOISSIEU For the Court of Justice The Registrar Roger GRASS For the European Economic and Social Committee The Secretary-General Patrick VENTURINI The European Ombudsman Nikiforos DIAMANDOUROS (1) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 31/2005 (OJ L 8, 12.1.2005, p. 1). (2) See page 14 of this Official Journal. (3) OJ L 197, 26.7.2002, p. 56. (4) OJ L 248, 16.9.2002, p. 1.

Summary: European Administrative School European Administrative School SUMMARY OF Decision 2005/118/EC establishing the European Administrative School Decision 2005/119/EC — organisation and operation of the European Administrative School WHAT IS THE AIM OF THESE DECISIONS? Decision 2005/118/EC sets up the European Administrative School with the purpose of providing professional training to the staff of the signatory institutions (the European Parliament, the Council, the European Commission, the Court of Justice of the European Union, the European Court of Auditors, the European Economic and Social Committee, the European Committee of the Regions and the European Ombudsman). Decision 2005/119/EC sets out the rules for the organisation and running of the school. KEY POINTS Purpose This interinstitutional school organises training activities to improve skills and knowledge of people working in the signatory organisations. The purpose is is to transmit values common to all the EU institutions. It is responsible for: designing, organising and evaluating training activities; facilitating participating in training activities organised externally; carrying out any tasks related to or in support of its duties. Types of training The school offers the following types of training:management courses for those who have (or are likely to have) a management role;induction courses for newly recruited staff members;compulsory training who are transferring between function groups, for example, moving from a clerical or secretarial role to an executive role. The institutions are free to supplement these courses with courses more in line with their specific needs. The school may also offer courses requested by other EU bodies, agencies or offices so long as these do not hinder the organisation of courses for the institutions. Trainers and training venues Officials are made available from the signatory institutions to serve as trainers. As a general rule, the courses are organised in Brussels and Luxembourg, but training may take place at other locations. Organisation of activities The school’s management board must ensure balanced access to courses for staff in the different institutions. The school must ensure that a minimum number of places are available where training is obligatory or is a precondition for exercising a given function, particularly a management one. The school may be required to deal with temporary or special situations which may require it to admit more training participants than normal. In this case, the relevant institutions must transfer the necessary financial resources. The school may cooperate with other colleges, institutes and universities active in the same field. Management The school is attached to the European Personnel Selection Office (EPSO). This means that: the office’s management board acts as the school’s management board;the office's head is also the principal of the school and is responsible for appointing staff;the school’s staff are assigned to posts belonging to the office;the school’s revenue and expenditure are an integral part of the office’s budget. The management board takes decisions on: the operation of the school,its structure,its budget and annual management report,its work programme,the rates the school charges for its services, andhow each institution is to provide the school with an adequate number of officials to serve as trainers. FROM WHEN DO THE DECISIONS APPLY? Both Decision 2005/118/EC and Decision 2005/119/EC have applied since 10 February 2005. BACKGROUND For more information, see: European school of administration (Europa). MAIN DOCUMENTS Decision 2005/118/EC of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the European Ombudsman of 26 January 2005 setting up a European Administrative School (OJ L 37, 10.2.2005, pp. 14-16) Decision 2005/119/EC of the Secretaries-General of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions and the Representative of the European Ombudsman of 26 January 2005 on the organisation and running of the European Administrative School (OJ L 37, 10.2.2005, pp. 17-20) last update 07.11.2017