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来源类型 | Report |
规范类型 | 报告 |
Stakeholder Exclusion Likely? Public Participation under the Governance Regulation | |
Dr. Heidi Stockhaus | |
发表日期 | 2018 |
出版年 | 2018 |
语种 | 英语 |
概述 | An Assessment of Article 10 in the light of the Aarhus ConventionThe Commission's proposal for Article 10 of the Regulation for the Governance of the Energy Union (GReg) and the related positions of the Council and the Parliament are currently being negotiated. In this report Ecologic Institute's Dr. Heidi Stockhaus analyses the proposals in the light of the EU’s obligations under the Aarhus Convention and highlights the shortcomings that need to be addressed. |
摘要 | class="field field-name-field-pub-title-additions field-type-text field-label-hidden"> An Assessment of Article 10 in the light of the Aarhus Convention The Commission's proposal for Article 10 of the Regulation for the Governance of the Energy Union (GReg) and the related positions of the Council and the Parliament are currently being negotiated. In this report Ecologic Institute's Dr. Heidi Stockhaus analyses the proposals in the light of the EU’s obligations under the Aarhus Convention and highlights the shortcomings that need to be addressed. The European Union has been found in violation of Article 7 AC before by the Compliance Committee of the Aarhus Convention (ACCC) in regard to National Renewable Energy Action Plans (NREAPs) under Directive 2009/28/EC. In its findings the ACCC clarified the requirements of the EU when implementing the Aarhus Convention. Notwithstanding, the Commission's proposal did not follow these findings. This report’s analysis of the Commission's proposal for Article 10 of the Regulation for the Governance of the Energy Union (GReg) of November 2016 details the following gaps:
The Council’s position of December 2017 is equally non-compliant with the Aarhus Convention and even increases the risk further. Specifically, it would allow Member States to only organise public participation before the adoption of the final plan, when the number of available options has already been narrowed down and the possibility of the public to influence the NECP drafting is therefore limited. Improvements to Article 10 GReg are necessary and possible – they could follow the proposals made by the European Parliament in January 2018. This includes broadening the scope of application from NECPs to NECPs and LTSs, as well as requiring transparency of information and sufficient time for consultations. Beyond the Parliament’s proposals, it is necessary to require that Member States to take the outcomes of the participation process into consideration. |
目录 | Table of Contents: 1 Introduction 2 Requirements under the Aarhus Convention 3 Related requirements under EU law 3.1 Requirements for public participation on Member State level 3.2 Requirements for public participation on European level 4 The proposals of European Commission, Council and European Parliament 5 Conclusion and recommendations 6 Annex: Relevant legal provisions and related decisions 6.1 Provisions of the Aarhus Convention 6.2 Directives implementing the Aarhus Convention 6.3 Proposals for Article 10 of the Governance Regulation 6.4 Case law of the European Court of Justice 6.5 Case law of the Aarhus Convention Compliance Committee |
标签 | Report ; Climate ; Energy ; Governance ; International Environmental Law |
关键词 | Public participation Governance Energy Union Aarhus Convention AC Article 7 AC National Renewable Energy Action Plan NREAP Regulation for the Governance of the Energy Union GReg National Energy and Climate Plan NECPs public partici |
URL | https://www.ecologic.eu/15615 |
来源智库 | Ecologic Institute (Germany) |
资源类型 | 智库出版物 |
条目标识符 | http://119.78.100.153/handle/2XGU8XDN/36710 |
推荐引用方式 GB/T 7714 | Dr. Heidi Stockhaus. Stakeholder Exclusion Likely? Public Participation under the Governance Regulation. 2018. |
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