The EU and its Member States are parties to the United Nations Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters.
The Compliance Committee under the Aarhus Convention found that the current possibilities for the the public to challenge the Commission’s State aid decisions that contravene EU environmental law under Article 108(2) TFEU are not in line with the EU’s obligations under the Aarhus Convention and invited the Commission to close this regulatory gap.
In this process, the Commission invited all interested parties to submit their comments until 5 October 2022 midnight through the dedicated portal. The results of this consultation are expected in the fourth quarter of 2022.