Summary The preliminary position paper by cefic discusses the potential revision of the Aarhus Regulation, which might enhance environmental NGOs' access to justice. Cefic acknowledges the motives behind expanding the review scope but raises concerns over its possible adverse effects. They argue that such changes could conflict with EU Treaties, lead to increased legal uncertainty and costs for businesses, and create imbalance between NGOs and industry associations. Furthermore, the EU specific legal framework and existing administrative and judicial redress procedures already offer substantial compliance with the Aarhus Convention. Key Takeaways:
- Some of the changes may potentially contradicts EU primary law, especially Article 263 TFEU, and could lead to legal inconsistencies.
- The anticipated increase in legal actions by environmental NGOs would generate business uncertainty and indirect costs.
- Existing EU regulations already provide sufficient review mechanisms for environmental NGOs, often beyond what the Aarhus Convention stipulates.