Council Directive 90/313/EEC, the freedom of access to information on the environment

EU指令(Council Directive)


The object of this Directive is to ensure freedom of access to, and dissemination of, information on the environment held by public authorities and to set out the basic terms and conditions on which such information should be made available.

(Article 1)

  1. Save as provided in this Article, Member States shall 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.

    Member States shall define the practical arrangements under which such information is effectively made available.
  2. Member States may provide for a request for such information to be refused where it affects:
    • the confidentiality of the proceedings of public authorities, international relations and national defence,
    • public security,
    • matters which are, or have been, sub judice, or under enquiry (including disciplinary enquiries), or which are the subject of preliminary investigation proceedings,
    • commercial and industrial confidentiality, including intellectual property,
    • the confidentiality of personal data and/or files,
    • material supplied by a third party without that party being under a legal obligation to do so,
    • material, the disclosure of which would make it more likely that the environment to which such material related would be damaged.

      Information held by public authorities shall be supplied in part where it is possible to separate out information on items concerning the interests referred to above.
  3. A request for information may be refused where it would involve the supply of unfinished documents or data or internal communications, or where the request is manifestly unreasonable or formulated in too general a manner.
  4. A public authority shall respond to a person requesting information as soon as possible and at the latest within two months. The reasons for a refusal to provide the information requested must be given.

(Article 3)