Annual EELF Conference 2016 Session Z – procedure environmental rights – approach and criteria Access to environmental information, public participation and access to justice Pascal Mallien – Baker & McKenzie, Belgium

1. Most recent international forum on the topic Global Parliament of Mayors in The Hague (The Netherlands) on September 9-11, 2016 One of the topics was “participation” as an ideal tool on the level of cities and taking into consideration the people’s real needs in view of a “resilience strategy” (anticipate, prepare for, respond and adapt to incremental change and sudden disruptions in order to survive and prosper” European Energy Packages - The EU's Third Energy Package is a legislative package for an internal gas and electricity market in the EU. This EU initiative mainly come from the liberisation and promotion of renewable energy sources which goes a long way back. The first two EU Energy Packages were presented in 1997 and 1998, and followed the Commission’s Green Paper on Renewables from 1996. We now are at the Third Energy Package dating from 2009. The Third Energy Package consists of two Directives and three Regulations: Directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC; Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC; Regulation (EC) No 714/2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003; Regulation (EC) No 715/2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005; Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators; According to the Directives, Member States have to ensure that all customers have the right to choose their electricity supplier and to change supplier easily, with the operator’s assistance, within three weeks. They also have to ensure that customers receive relevant consumption data. Electricity suppliers are, amongst others, obliged to inform final customers about the contribution of each energy source and the environmental impact caused. Renewable Energy Directive - The Renewable Energy Directive establishes an overall policy for the production and promotion of energy from renewable sources in the EU. It requires the EU to fulfil at least 20% of its total energy needs with renewables by 2020 – to be achieved through the attainment of individual national targets, which targets we will discuss shortly. In addition, all EU countries must ensure that at least 10% of their transport fuels come from renewable sources by 2020. The Renewable Energy Directive demanded the submission of National Renewable Energy Action Plans (NREAPs) by each MS by 2010. Therein a detailed strategy of how the individual target is aimed to be achieved had to be presented, considering electricity, heating and cooling as well as transport. Actions and support schemes planned to be implemented by each Member State have to be consistent with a number of rules with regard to administration, certification, grid access etc. However, which regulatory or supporting policies are used to achieve the Renewable energy target on the national level is left to the Member States’ own discretion. European Energy Programme for Recovery - Since the 2008 crisis, we also have the European Energy Programme for Recovery (EEPR). This programme was established in 2009 to address both Europe's economic crisis and European energy policy objectives. Almost €4 billion were assigned to co-finance EU energy projects that would boost the economic recovery, increase the security of energy supply and contribute to the reduction of greenhouse gas emissions. The three sectors meeting these conditions were (i) gas and electricity infrastructure, (ii) offshore wind energy and (iii) carbon capture and storage projects. 59 energy projects received funding: 44 gas and electricity infrastructure projects, 9 offshore wind projects (€ 565 million) and 6 carbon capture and storage projects.

2. Going back in the past: the view of Jan Tinbergen, Nobel Price of Economy 1969 his view on the future in “Internationale Spectator” June 8, 1972 “Too much public access and participation could be the preparation of a devaluation. It has to be limited by a certain discipline” European Energy Packages - The EU's Third Energy Package is a legislative package for an internal gas and electricity market in the EU. This EU initiative mainly come from the liberisation and promotion of renewable energy sources which goes a long way back. The first two EU Energy Packages were presented in 1997 and 1998, and followed the Commission’s Green Paper on Renewables from 1996. We now are at the Third Energy Package dating from 2009. The Third Energy Package consists of two Directives and three Regulations: Directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC; Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC; Regulation (EC) No 714/2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003; Regulation (EC) No 715/2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005; Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators; According to the Directives, Member States have to ensure that all customers have the right to choose their electricity supplier and to change supplier easily, with the operator’s assistance, within three weeks. They also have to ensure that customers receive relevant consumption data. Electricity suppliers are, amongst others, obliged to inform final customers about the contribution of each energy source and the environmental impact caused. Renewable Energy Directive - The Renewable Energy Directive establishes an overall policy for the production and promotion of energy from renewable sources in the EU. It requires the EU to fulfil at least 20% of its total energy needs with renewables by 2020 – to be achieved through the attainment of individual national targets, which targets we will discuss shortly. In addition, all EU countries must ensure that at least 10% of their transport fuels come from renewable sources by 2020. The Renewable Energy Directive demanded the submission of National Renewable Energy Action Plans (NREAPs) by each MS by 2010. Therein a detailed strategy of how the individual target is aimed to be achieved had to be presented, considering electricity, heating and cooling as well as transport. Actions and support schemes planned to be implemented by each Member State have to be consistent with a number of rules with regard to administration, certification, grid access etc. However, which regulatory or supporting policies are used to achieve the Renewable energy target on the national level is left to the Member States’ own discretion. European Energy Programme for Recovery - Since the 2008 crisis, we also have the European Energy Programme for Recovery (EEPR). This programme was established in 2009 to address both Europe's economic crisis and European energy policy objectives. Almost €4 billion were assigned to co-finance EU energy projects that would boost the economic recovery, increase the security of energy supply and contribute to the reduction of greenhouse gas emissions. The three sectors meeting these conditions were (i) gas and electricity infrastructure, (ii) offshore wind energy and (iii) carbon capture and storage projects. 59 energy projects received funding: 44 gas and electricity infrastructure projects, 9 offshore wind projects (€ 565 million) and 6 carbon capture and storage projects.

3. Environmental Center for Central & Eastern Europe, founded in 1990, Hungary, Szentendre participating governance (building bridges between regions, promoted by the Dutch Environmental Minister in 2014-2015) European Energy Packages - The EU's Third Energy Package is a legislative package for an internal gas and electricity market in the EU. This EU initiative mainly come from the liberisation and promotion of renewable energy sources which goes a long way back. The first two EU Energy Packages were presented in 1997 and 1998, and followed the Commission’s Green Paper on Renewables from 1996. We now are at the Third Energy Package dating from 2009. The Third Energy Package consists of two Directives and three Regulations: Directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC; Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC; Regulation (EC) No 714/2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003; Regulation (EC) No 715/2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005; Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators; According to the Directives, Member States have to ensure that all customers have the right to choose their electricity supplier and to change supplier easily, with the operator’s assistance, within three weeks. They also have to ensure that customers receive relevant consumption data. Electricity suppliers are, amongst others, obliged to inform final customers about the contribution of each energy source and the environmental impact caused. Renewable Energy Directive - The Renewable Energy Directive establishes an overall policy for the production and promotion of energy from renewable sources in the EU. It requires the EU to fulfil at least 20% of its total energy needs with renewables by 2020 – to be achieved through the attainment of individual national targets, which targets we will discuss shortly. In addition, all EU countries must ensure that at least 10% of their transport fuels come from renewable sources by 2020. The Renewable Energy Directive demanded the submission of National Renewable Energy Action Plans (NREAPs) by each MS by 2010. Therein a detailed strategy of how the individual target is aimed to be achieved had to be presented, considering electricity, heating and cooling as well as transport. Actions and support schemes planned to be implemented by each Member State have to be consistent with a number of rules with regard to administration, certification, grid access etc. However, which regulatory or supporting policies are used to achieve the Renewable energy target on the national level is left to the Member States’ own discretion. European Energy Programme for Recovery - Since the 2008 crisis, we also have the European Energy Programme for Recovery (EEPR). This programme was established in 2009 to address both Europe's economic crisis and European energy policy objectives. Almost €4 billion were assigned to co-finance EU energy projects that would boost the economic recovery, increase the security of energy supply and contribute to the reduction of greenhouse gas emissions. The three sectors meeting these conditions were (i) gas and electricity infrastructure, (ii) offshore wind energy and (iii) carbon capture and storage projects. 59 energy projects received funding: 44 gas and electricity infrastructure projects, 9 offshore wind projects (€ 565 million) and 6 carbon capture and storage projects.

4. Harvard Kennedy School: Suzan Podziba, 25 years public policy mediator, author of civic fusion joint fact finding humble analysis, accentuating the need for “mixed participation” vs. “only technical knowledgable people” European Energy Packages - The EU's Third Energy Package is a legislative package for an internal gas and electricity market in the EU. This EU initiative mainly come from the liberisation and promotion of renewable energy sources which goes a long way back. The first two EU Energy Packages were presented in 1997 and 1998, and followed the Commission’s Green Paper on Renewables from 1996. We now are at the Third Energy Package dating from 2009. The Third Energy Package consists of two Directives and three Regulations: Directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC; Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC; Regulation (EC) No 714/2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003; Regulation (EC) No 715/2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005; Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators; According to the Directives, Member States have to ensure that all customers have the right to choose their electricity supplier and to change supplier easily, with the operator’s assistance, within three weeks. They also have to ensure that customers receive relevant consumption data. Electricity suppliers are, amongst others, obliged to inform final customers about the contribution of each energy source and the environmental impact caused. Renewable Energy Directive - The Renewable Energy Directive establishes an overall policy for the production and promotion of energy from renewable sources in the EU. It requires the EU to fulfil at least 20% of its total energy needs with renewables by 2020 – to be achieved through the attainment of individual national targets, which targets we will discuss shortly. In addition, all EU countries must ensure that at least 10% of their transport fuels come from renewable sources by 2020. The Renewable Energy Directive demanded the submission of National Renewable Energy Action Plans (NREAPs) by each MS by 2010. Therein a detailed strategy of how the individual target is aimed to be achieved had to be presented, considering electricity, heating and cooling as well as transport. Actions and support schemes planned to be implemented by each Member State have to be consistent with a number of rules with regard to administration, certification, grid access etc. However, which regulatory or supporting policies are used to achieve the Renewable energy target on the national level is left to the Member States’ own discretion. European Energy Programme for Recovery - Since the 2008 crisis, we also have the European Energy Programme for Recovery (EEPR). This programme was established in 2009 to address both Europe's economic crisis and European energy policy objectives. Almost €4 billion were assigned to co-finance EU energy projects that would boost the economic recovery, increase the security of energy supply and contribute to the reduction of greenhouse gas emissions. The three sectors meeting these conditions were (i) gas and electricity infrastructure, (ii) offshore wind energy and (iii) carbon capture and storage projects. 59 energy projects received funding: 44 gas and electricity infrastructure projects, 9 offshore wind projects (€ 565 million) and 6 carbon capture and storage projects.

5. What are the limits for environmental information, public participation and access to justice? it’s a global answer, not different from one continent to the other European Energy Packages - The EU's Third Energy Package is a legislative package for an internal gas and electricity market in the EU. This EU initiative mainly come from the liberisation and promotion of renewable energy sources which goes a long way back. The first two EU Energy Packages were presented in 1997 and 1998, and followed the Commission’s Green Paper on Renewables from 1996. We now are at the Third Energy Package dating from 2009. The Third Energy Package consists of two Directives and three Regulations: Directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC; Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC; Regulation (EC) No 714/2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003; Regulation (EC) No 715/2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005; Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators; According to the Directives, Member States have to ensure that all customers have the right to choose their electricity supplier and to change supplier easily, with the operator’s assistance, within three weeks. They also have to ensure that customers receive relevant consumption data. Electricity suppliers are, amongst others, obliged to inform final customers about the contribution of each energy source and the environmental impact caused. Renewable Energy Directive - The Renewable Energy Directive establishes an overall policy for the production and promotion of energy from renewable sources in the EU. It requires the EU to fulfil at least 20% of its total energy needs with renewables by 2020 – to be achieved through the attainment of individual national targets, which targets we will discuss shortly. In addition, all EU countries must ensure that at least 10% of their transport fuels come from renewable sources by 2020. The Renewable Energy Directive demanded the submission of National Renewable Energy Action Plans (NREAPs) by each MS by 2010. Therein a detailed strategy of how the individual target is aimed to be achieved had to be presented, considering electricity, heating and cooling as well as transport. Actions and support schemes planned to be implemented by each Member State have to be consistent with a number of rules with regard to administration, certification, grid access etc. However, which regulatory or supporting policies are used to achieve the Renewable energy target on the national level is left to the Member States’ own discretion. European Energy Programme for Recovery - Since the 2008 crisis, we also have the European Energy Programme for Recovery (EEPR). This programme was established in 2009 to address both Europe's economic crisis and European energy policy objectives. Almost €4 billion were assigned to co-finance EU energy projects that would boost the economic recovery, increase the security of energy supply and contribute to the reduction of greenhouse gas emissions. The three sectors meeting these conditions were (i) gas and electricity infrastructure, (ii) offshore wind energy and (iii) carbon capture and storage projects. 59 energy projects received funding: 44 gas and electricity infrastructure projects, 9 offshore wind projects (€ 565 million) and 6 carbon capture and storage projects.

6. UNECE gives a regional answer, with a follow-up of the USA, Canada and Russia Aarhus Convention, art. 7 European Energy Packages - The EU's Third Energy Package is a legislative package for an internal gas and electricity market in the EU. This EU initiative mainly come from the liberisation and promotion of renewable energy sources which goes a long way back. The first two EU Energy Packages were presented in 1997 and 1998, and followed the Commission’s Green Paper on Renewables from 1996. We now are at the Third Energy Package dating from 2009. The Third Energy Package consists of two Directives and three Regulations: Directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC; Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC; Regulation (EC) No 714/2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003; Regulation (EC) No 715/2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005; Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators; According to the Directives, Member States have to ensure that all customers have the right to choose their electricity supplier and to change supplier easily, with the operator’s assistance, within three weeks. They also have to ensure that customers receive relevant consumption data. Electricity suppliers are, amongst others, obliged to inform final customers about the contribution of each energy source and the environmental impact caused. Renewable Energy Directive - The Renewable Energy Directive establishes an overall policy for the production and promotion of energy from renewable sources in the EU. It requires the EU to fulfil at least 20% of its total energy needs with renewables by 2020 – to be achieved through the attainment of individual national targets, which targets we will discuss shortly. In addition, all EU countries must ensure that at least 10% of their transport fuels come from renewable sources by 2020. The Renewable Energy Directive demanded the submission of National Renewable Energy Action Plans (NREAPs) by each MS by 2010. Therein a detailed strategy of how the individual target is aimed to be achieved had to be presented, considering electricity, heating and cooling as well as transport. Actions and support schemes planned to be implemented by each Member State have to be consistent with a number of rules with regard to administration, certification, grid access etc. However, which regulatory or supporting policies are used to achieve the Renewable energy target on the national level is left to the Member States’ own discretion. European Energy Programme for Recovery - Since the 2008 crisis, we also have the European Energy Programme for Recovery (EEPR). This programme was established in 2009 to address both Europe's economic crisis and European energy policy objectives. Almost €4 billion were assigned to co-finance EU energy projects that would boost the economic recovery, increase the security of energy supply and contribute to the reduction of greenhouse gas emissions. The three sectors meeting these conditions were (i) gas and electricity infrastructure, (ii) offshore wind energy and (iii) carbon capture and storage projects. 59 energy projects received funding: 44 gas and electricity infrastructure projects, 9 offshore wind projects (€ 565 million) and 6 carbon capture and storage projects.

7. Aarhus Convention: a laboratory for the other continents Topics: no access to confidential environmental information public participation and legal interest access to justice till there is a law, voted by Parliament European Energy Packages - The EU's Third Energy Package is a legislative package for an internal gas and electricity market in the EU. This EU initiative mainly come from the liberisation and promotion of renewable energy sources which goes a long way back. The first two EU Energy Packages were presented in 1997 and 1998, and followed the Commission’s Green Paper on Renewables from 1996. We now are at the Third Energy Package dating from 2009. The Third Energy Package consists of two Directives and three Regulations: Directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC; Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC; Regulation (EC) No 714/2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003; Regulation (EC) No 715/2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005; Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators; According to the Directives, Member States have to ensure that all customers have the right to choose their electricity supplier and to change supplier easily, with the operator’s assistance, within three weeks. They also have to ensure that customers receive relevant consumption data. Electricity suppliers are, amongst others, obliged to inform final customers about the contribution of each energy source and the environmental impact caused. Renewable Energy Directive - The Renewable Energy Directive establishes an overall policy for the production and promotion of energy from renewable sources in the EU. It requires the EU to fulfil at least 20% of its total energy needs with renewables by 2020 – to be achieved through the attainment of individual national targets, which targets we will discuss shortly. In addition, all EU countries must ensure that at least 10% of their transport fuels come from renewable sources by 2020. The Renewable Energy Directive demanded the submission of National Renewable Energy Action Plans (NREAPs) by each MS by 2010. Therein a detailed strategy of how the individual target is aimed to be achieved had to be presented, considering electricity, heating and cooling as well as transport. Actions and support schemes planned to be implemented by each Member State have to be consistent with a number of rules with regard to administration, certification, grid access etc. However, which regulatory or supporting policies are used to achieve the Renewable energy target on the national level is left to the Member States’ own discretion. European Energy Programme for Recovery - Since the 2008 crisis, we also have the European Energy Programme for Recovery (EEPR). This programme was established in 2009 to address both Europe's economic crisis and European energy policy objectives. Almost €4 billion were assigned to co-finance EU energy projects that would boost the economic recovery, increase the security of energy supply and contribute to the reduction of greenhouse gas emissions. The three sectors meeting these conditions were (i) gas and electricity infrastructure, (ii) offshore wind energy and (iii) carbon capture and storage projects. 59 energy projects received funding: 44 gas and electricity infrastructure projects, 9 offshore wind projects (€ 565 million) and 6 carbon capture and storage projects.

8. No access to confidential environmental information not applicable for the judge limiting the motivation of the judge European Energy Packages - The EU's Third Energy Package is a legislative package for an internal gas and electricity market in the EU. This EU initiative mainly come from the liberisation and promotion of renewable energy sources which goes a long way back. The first two EU Energy Packages were presented in 1997 and 1998, and followed the Commission’s Green Paper on Renewables from 1996. We now are at the Third Energy Package dating from 2009. The Third Energy Package consists of two Directives and three Regulations: Directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC; Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC; Regulation (EC) No 714/2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003; Regulation (EC) No 715/2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005; Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators; According to the Directives, Member States have to ensure that all customers have the right to choose their electricity supplier and to change supplier easily, with the operator’s assistance, within three weeks. They also have to ensure that customers receive relevant consumption data. Electricity suppliers are, amongst others, obliged to inform final customers about the contribution of each energy source and the environmental impact caused. Renewable Energy Directive - The Renewable Energy Directive establishes an overall policy for the production and promotion of energy from renewable sources in the EU. It requires the EU to fulfil at least 20% of its total energy needs with renewables by 2020 – to be achieved through the attainment of individual national targets, which targets we will discuss shortly. In addition, all EU countries must ensure that at least 10% of their transport fuels come from renewable sources by 2020. The Renewable Energy Directive demanded the submission of National Renewable Energy Action Plans (NREAPs) by each MS by 2010. Therein a detailed strategy of how the individual target is aimed to be achieved had to be presented, considering electricity, heating and cooling as well as transport. Actions and support schemes planned to be implemented by each Member State have to be consistent with a number of rules with regard to administration, certification, grid access etc. However, which regulatory or supporting policies are used to achieve the Renewable energy target on the national level is left to the Member States’ own discretion. European Energy Programme for Recovery - Since the 2008 crisis, we also have the European Energy Programme for Recovery (EEPR). This programme was established in 2009 to address both Europe's economic crisis and European energy policy objectives. Almost €4 billion were assigned to co-finance EU energy projects that would boost the economic recovery, increase the security of energy supply and contribute to the reduction of greenhouse gas emissions. The three sectors meeting these conditions were (i) gas and electricity infrastructure, (ii) offshore wind energy and (iii) carbon capture and storage projects. 59 energy projects received funding: 44 gas and electricity infrastructure projects, 9 offshore wind projects (€ 565 million) and 6 carbon capture and storage projects.

9. Public participation and legal interest the attitude of the French Conseil d’Etat in de Danthony case of December 23, 2011: “the attacked procedural mistake has to take away a real guarantee and could have influenced the decision taking” same discussion as the “partie civile” in penal cases European Energy Packages - The EU's Third Energy Package is a legislative package for an internal gas and electricity market in the EU. This EU initiative mainly come from the liberisation and promotion of renewable energy sources which goes a long way back. The first two EU Energy Packages were presented in 1997 and 1998, and followed the Commission’s Green Paper on Renewables from 1996. We now are at the Third Energy Package dating from 2009. The Third Energy Package consists of two Directives and three Regulations: Directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC; Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC; Regulation (EC) No 714/2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003; Regulation (EC) No 715/2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005; Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators; According to the Directives, Member States have to ensure that all customers have the right to choose their electricity supplier and to change supplier easily, with the operator’s assistance, within three weeks. They also have to ensure that customers receive relevant consumption data. Electricity suppliers are, amongst others, obliged to inform final customers about the contribution of each energy source and the environmental impact caused. Renewable Energy Directive - The Renewable Energy Directive establishes an overall policy for the production and promotion of energy from renewable sources in the EU. It requires the EU to fulfil at least 20% of its total energy needs with renewables by 2020 – to be achieved through the attainment of individual national targets, which targets we will discuss shortly. In addition, all EU countries must ensure that at least 10% of their transport fuels come from renewable sources by 2020. The Renewable Energy Directive demanded the submission of National Renewable Energy Action Plans (NREAPs) by each MS by 2010. Therein a detailed strategy of how the individual target is aimed to be achieved had to be presented, considering electricity, heating and cooling as well as transport. Actions and support schemes planned to be implemented by each Member State have to be consistent with a number of rules with regard to administration, certification, grid access etc. However, which regulatory or supporting policies are used to achieve the Renewable energy target on the national level is left to the Member States’ own discretion. European Energy Programme for Recovery - Since the 2008 crisis, we also have the European Energy Programme for Recovery (EEPR). This programme was established in 2009 to address both Europe's economic crisis and European energy policy objectives. Almost €4 billion were assigned to co-finance EU energy projects that would boost the economic recovery, increase the security of energy supply and contribute to the reduction of greenhouse gas emissions. The three sectors meeting these conditions were (i) gas and electricity infrastructure, (ii) offshore wind energy and (iii) carbon capture and storage projects. 59 energy projects received funding: 44 gas and electricity infrastructure projects, 9 offshore wind projects (€ 565 million) and 6 carbon capture and storage projects.

10. Access to justice till there is a law voted by Parliament the law cannot take away the right for citizens to consultation and participating in striving for a sustainable environment examples: Civil Court in The Hague in the Urgenda case on June 24, 2015 with a pending appeal Belgian Constitutional Court, n° 114/2013 European Energy Packages - The EU's Third Energy Package is a legislative package for an internal gas and electricity market in the EU. This EU initiative mainly come from the liberisation and promotion of renewable energy sources which goes a long way back. The first two EU Energy Packages were presented in 1997 and 1998, and followed the Commission’s Green Paper on Renewables from 1996. We now are at the Third Energy Package dating from 2009. The Third Energy Package consists of two Directives and three Regulations: Directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC; Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC; Regulation (EC) No 714/2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003; Regulation (EC) No 715/2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005; Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators; According to the Directives, Member States have to ensure that all customers have the right to choose their electricity supplier and to change supplier easily, with the operator’s assistance, within three weeks. They also have to ensure that customers receive relevant consumption data. Electricity suppliers are, amongst others, obliged to inform final customers about the contribution of each energy source and the environmental impact caused. Renewable Energy Directive - The Renewable Energy Directive establishes an overall policy for the production and promotion of energy from renewable sources in the EU. It requires the EU to fulfil at least 20% of its total energy needs with renewables by 2020 – to be achieved through the attainment of individual national targets, which targets we will discuss shortly. In addition, all EU countries must ensure that at least 10% of their transport fuels come from renewable sources by 2020. The Renewable Energy Directive demanded the submission of National Renewable Energy Action Plans (NREAPs) by each MS by 2010. Therein a detailed strategy of how the individual target is aimed to be achieved had to be presented, considering electricity, heating and cooling as well as transport. Actions and support schemes planned to be implemented by each Member State have to be consistent with a number of rules with regard to administration, certification, grid access etc. However, which regulatory or supporting policies are used to achieve the Renewable energy target on the national level is left to the Member States’ own discretion. European Energy Programme for Recovery - Since the 2008 crisis, we also have the European Energy Programme for Recovery (EEPR). This programme was established in 2009 to address both Europe's economic crisis and European energy policy objectives. Almost €4 billion were assigned to co-finance EU energy projects that would boost the economic recovery, increase the security of energy supply and contribute to the reduction of greenhouse gas emissions. The three sectors meeting these conditions were (i) gas and electricity infrastructure, (ii) offshore wind energy and (iii) carbon capture and storage projects. 59 energy projects received funding: 44 gas and electricity infrastructure projects, 9 offshore wind projects (€ 565 million) and 6 carbon capture and storage projects.

11. Conclusions possible solutions: limited time frame for environmental information, public participation and access to justice the possibility to make an end to participation (and access to justice) by a binding law, voted by Parliament clear distinction between the public legal interest and the civil private interest European Energy Packages - The EU's Third Energy Package is a legislative package for an internal gas and electricity market in the EU. This EU initiative mainly come from the liberisation and promotion of renewable energy sources which goes a long way back. The first two EU Energy Packages were presented in 1997 and 1998, and followed the Commission’s Green Paper on Renewables from 1996. We now are at the Third Energy Package dating from 2009. The Third Energy Package consists of two Directives and three Regulations: Directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC; Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC; Regulation (EC) No 714/2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003; Regulation (EC) No 715/2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005; Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators; According to the Directives, Member States have to ensure that all customers have the right to choose their electricity supplier and to change supplier easily, with the operator’s assistance, within three weeks. They also have to ensure that customers receive relevant consumption data. Electricity suppliers are, amongst others, obliged to inform final customers about the contribution of each energy source and the environmental impact caused. Renewable Energy Directive - The Renewable Energy Directive establishes an overall policy for the production and promotion of energy from renewable sources in the EU. It requires the EU to fulfil at least 20% of its total energy needs with renewables by 2020 – to be achieved through the attainment of individual national targets, which targets we will discuss shortly. In addition, all EU countries must ensure that at least 10% of their transport fuels come from renewable sources by 2020. The Renewable Energy Directive demanded the submission of National Renewable Energy Action Plans (NREAPs) by each MS by 2010. Therein a detailed strategy of how the individual target is aimed to be achieved had to be presented, considering electricity, heating and cooling as well as transport. Actions and support schemes planned to be implemented by each Member State have to be consistent with a number of rules with regard to administration, certification, grid access etc. However, which regulatory or supporting policies are used to achieve the Renewable energy target on the national level is left to the Member States’ own discretion. European Energy Programme for Recovery - Since the 2008 crisis, we also have the European Energy Programme for Recovery (EEPR). This programme was established in 2009 to address both Europe's economic crisis and European energy policy objectives. Almost €4 billion were assigned to co-finance EU energy projects that would boost the economic recovery, increase the security of energy supply and contribute to the reduction of greenhouse gas emissions. The three sectors meeting these conditions were (i) gas and electricity infrastructure, (ii) offshore wind energy and (iii) carbon capture and storage projects. 59 energy projects received funding: 44 gas and electricity infrastructure projects, 9 offshore wind projects (€ 565 million) and 6 carbon capture and storage projects.