elni Review 2011, Issue 1,  pp. 15-20. https://doi.org/10.46850/elni.2011.003

Regulation (EC) 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) was published in the Official Journal on 30 December 2006 and came into force on 1 June 2007. Regulation (EC) 1367/2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community Institutions and Bodies entered into force on 28 September 2006 and became applicable on 28 June 2007.
This article discusses the gaps in REACH in relation to the Aarhus Regulation, and the obligations for ECHA that derive from the application of REACH and from the fact that the EU is a party to the Aarhus Convention. The article also carries out a partial assessment of the work conducted by ECHA on access to and dissemination of environmental information.

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References

1. Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC, OJ L 41, 14.2.2003, p. 26–32.
2. Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ 2001 L 145/43.
3. UNECE, Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark, on 25 June 1998. DOI: https://doi.org/10.1017/CBO9781139171380.066.
4. Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies, OJ 2006 L 264/13.
5. REACH-IT Data Submission Manual, Part 16 - Confidentiality Claims (ECHA-10-B-31-EN).
6. Court of Justice of the European Union, 2002, Judgment of the Court of First Instance (Fourth Chamber) of 7 February 2002. Aldo Kuijer v Council of the European Union. Transparency - Council Decision 93/731/EC on public access to Council documents - Refusal of an application for access - Protection of the public interest - International relations - Manifest error - Partial access (Case T-211/00).
7. Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC, OJ 2009 L 309/1.
8. Court of Justice of the European Union, 2010, Judgment of the Court (Fourth Chamber) of 16 December 2010. Stichting Natuur en Milieu and Others v College voor de toelating van gewasbeschermingsmiddelen en biociden. Reference for a preliminary ruling: College van Beroep voor het bedrijfsleven - Netherlands. Environment - Plant protection products - Directive 91/414/EEC - Public access to information - Directives 90/313/EEC and 2003/4/EC - Temporal application - Concept of environmental information - Confidentiality of commercial and industrial information (Case C-266/09).
9. Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC, OJ 2003 L 41/26.
10. Court of Justice of the European Union, 2006, Judgment of the Court (Grand Chamber) of 10 January 2006. The Queen, on the application of International Air Transport Association and European Low Fares Airline Association v Department for Transport. Reference for a preliminary ruling: High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) - United Kingdom. 
    Carriage by air - Regulation (EC) No 261/2004 - Articles 5, 6 and 7 -Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights - Validity - Interpretation of Article 234 EC. (Case C-344/04).
11. Court of Justice of the European Union, 2002, Judgment of the Court of 18 April 2002. Kingdom of Spain v Council of the European Union. Fisheries - Regulation laying down limits on and distributing fishing opportunities among Member States - Requirement of relative stability - Fishing quota exchanges - Fishing quota for anchovy - Annulment. Joined cases C-61/96, C-132/97, C-45/98, C-27/99, C-81/00 and C-22/01.
12. Court of Justice of the European Union, 2005, Case C-286/02, Reference to the Court under Article 234 EC by the Tribunale di Treviso (Italy) for a preliminary ruling in the proceedings pending before that court Between Bellio F.lli Srl and Prefettura di Treviso on the interpretation of Council Decision 2000/766/EC of 4 December 2000 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein (OJ 2000 L 306/32) and Commission Decision 2001/9/EC of 29 December 2000 concerning control measures required for the implementation of Decision 2000/766 (OJ 2001 L 2/32).
13. Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, OJ 2006 L 396/1.
14. Letter from ECHA to ClientEarth 15-11-2010 (CSM/cm D(2010)4224).
15. Letter to ClientEarth of 4 January 2011 (GD/ipl D(2011)5384).
16. Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ 2001 L 145/43.