Using European Community Directive 90/313/EEC
to access information on the environment.
Implemented in Ireland
by S.I. 125 of 1998
Introduction
European Union Directive
90/313/EEC is a powerful tool that can be used to get access to
information on the environment held by any public body, including
the NRA. This document
will outline how the directive works, and will give advise on how
best to use it.
What it does?
90/313/EEC allows for the
free access to information on the environment held by any public
body.
Who it applies to
Any citizen of a European
Union country can use the Directive to request information.
Requests can be made to “Public Authorities”. The includes any “public administration at national,
regional or local level with responsibilities, and possessing
information, relating to the environment”.
It covers information on the state of water, air, soil,
fauna, flora and natural sites.
Importantly, it allows for information on projects that might
adversely affect the above areas.
Details
1.
You do not have to give any explanation for your request.
2.
Your request must be dealt with as
soon as possible and at the latest within 1
month (Irish Regulations).
3.
Your request may be refused on several grounds (national
defence, public security, commercial confidentiality).
A reason must be given and you can appeal any refusal.
If only part of your request is refused, you are entitled to
the rest of the information.
Costs
You may be charged for the
supplying of the information,
but such charges must be reasonable.
In order to reduce costs you should state on all requests
that you want the information delivered in data format
Advice on its implementation
Requests under the Directive
can take the form of a letter.
State in the opening paragraph on the letter, or above the
“Dear Sir” that your request is being made under 90/313/EEC.
Put only one request per letter.
For example, if you are looking for the minutes of a
committee meeting and an Environment Impact Study (EIS), send two
separate letters. This
allows you to get each piece of information as soon as it is ready.
Keep a record of each letter,
noting when it was sent, whom it was sent to, what information was
requested and when you expect a reply.
Be prepared to follow up your request if you get no reply
within a month. A spreadsheet is a simple way to create such a log.
We suggest that you ask your
local council and the NRA separately for all minutes of the joint
committee of the council and the NRA re your road.
Further Information
90/313/EEC
http://europa.eu.int/eur-lex/en/lif/dat/1990/en_390L0313.html
S.I.
125 of 1998
http://193.120.124.98/ZZSI125Y1998.html
30/7/2001
|
