Before 1 January 2020, all Member States should have delivered to the European Commission their national long-term strategies (“LTSs”) addressing how they intend to meet their respective targets of emission reductions between 2030 and 2050. A number of civil organisations are already working on this topic and are hoping to be able to provide meaningful and impactful contribution to the debate.

Unfortunately, the legal instrument that regulates how Member States must deliver the LTS (the Governance Regulation) does not specify the specific steps that they have to take in order to be compliant with their international obligations under the Aarhus Convention.

We are all aware that the public participation process for the NECPs was deficient in a number of countries. Further, the Aarhus Convention Compliance Committee has already found that the Governance Regulation is not compliant with the NECPs.

Despite all this, we hear that some Member States may be tempted to carry out public participation processes which are only nominally compliant with the Governance Regulation – but would not be compliant with the Aarhus Convention. For instance only inviting a limited number of organisations to provide input or opening the public consultation unreasonably late.

Worst, other Member States may even claim that public participation has already be undertaken previously for national predecessors of the LTS and is not required in 2019. This would not be compliant with the Aarhus Convention.

We are demanding that they think again and engage in meaningful public engagement before September 2019.

We have drafted a memo which:

- Summarises how public participation for the NECPs was lacking in a number of Member States;

- Explains why Member States should undertake specific public participation for the LTS in 2019 and why previous public participation is not legally sufficient;

- Sets out the minimum characteristics that the public participation should have in each Member State in order to be compliant with the Governance Regulation and the Aarhus Convention.

Send us an email if you are also concerned about this process. We’re very interested to hear your thoughts and happy to discuss actions that could be taken to push back and seek proper public participation.