Editorial note

Directive 2003/4 of 28 January 2003 regulates public access to environmental information and repeals the earlier Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment. The objective of the Directive is to guarantee the right of access to environmental information held by or for public authorities and to ensure that environmental information is progressively made available and disseminated to the public (Article 1). ‘Environmental information’ is specifically defined by the Directive, as are the terms ‘public authority’, ‘information held by a public authority’, ‘information held for a public authority’, ‘applicant’ and ‘public’ (Article 2). Member States are to ensure that public authorities make available environmental information held by, or for, them to any applicant without him having to state his interest. Information is to be made available as soon as possible or, at the latest, within one month of the applicant's request or within two months in case of complex requests. Information is to be made available in the format requested by the applicant, with some exceptions. Member States are required to ensure that public authorities and the public are adequately informed of their rights under the Directive (Article 3).

The Directive lists a series of exceptions to the right to access information and states that grounds for refusal are to be interpreted in a restrictive way (Article 4). If possible, information is to be made available in part where it is possible to separate out any information which cannot be disclosed (Article 4(4)).