15 Amendments of Stanislav POLČÁK related to 2020/0289(COD)
Amendment 22 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In order to ensure that the internal review procedures as well as the Court of Justice proceedings initiated under this Regulation are effective, the costs of such procedures and proceedings should be non-prohibitive. Member States should also take the measures necessary to provide effective legal standing to claimants in environmental matters, in particular by ensuring that costs are non- prohibitive.
Amendment 40 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 46 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 63 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The Commission decides on compatibility of the State aid with the Union law, including in the field of environment. Therefore, measures taken by the European Commission under Articles 106 and 107 TFEU should be covered by the definition of an administrative act for the purposes of this Regulation.
Amendment 75 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to ensure that judicial proceedings under Article 12 of Regulation (EC) 1367/2006 are not prohibitively expensive and that costs are foreseeable for the applicant, the EU institutions or bodies should only make reasonable cost requests when they are successful in litigation and should, in particular, not seek to pass on the costs of external representation.
Amendment 81 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1367/2006
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘'administrative act’ means any non- legislative act adopted by a Union institution or body, which has legally binding and external effects and contains provisions that may, because of their effects, contravene environmental law within the meaning of point (f) of Article 2(1), excepting those provisions of this act for which Union law explicitly requires implementing measures at Union or national level;
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1367/2006
Article 1 – paragraph 1 – point g
Article 1 – paragraph 1 – point g
(g) ‘administrative act’ means any non- legislative act adopted by a Union institution or body, which has or is intended to produce legally binding and external effects and contains provisions that may, because of their effects, contravene environmental law within the meaning of point (f) of Article 2(1), excepting those provisions of this act for which Union law explicitly requires implementing measures at Union or national level;
Amendment 92 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1367/2006
Article 2 – paragraph 2 – introductory phrase
Article 2 – paragraph 2 – introductory phrase
1a. Article 2, paragraph 2, introductory phrase is amended as follows: ‘2. Administrative acts and administrative omissions shall not include measures taken or omissions by a Community institution or body in its capacity as an administrative review body, such as under:’
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
Regulation (EC) No 1367/2006
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
1b. Article 2, paragraph 2, point a is amended as follows: ‘(a) Articles 81, 82, 86101 and 87102 of the Treaty (competition rules);’
Amendment 100 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 c (new)
Article 1 – paragraph 1 – point 1 c (new)
Regulation (EC) No 1367/2006
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
1c. Article 2, paragraph 2, point b is amended as follows: ‘(b) Articles 22658, 259 and 22860 of the Treaty (infringement proceedings);’
Amendment 126 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) No 1367/2006
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Union institution or body referred to in paragraph 1 shall consider any such request, unless it is clearly unsubstantiated. The Union institution or body shall state its reasons in a written reply as soon as possible, but no later than 164 weeks after receipt of the request.
Amendment 128 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EC) No 1367/2006
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
In any event, the Union institution or body shall act within 220 weeks from receipt of the request.
Amendment 141 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 g (new)
Article 1 – paragraph 1 – point 2 g (new)
Regulation (EC) No 1367/2006
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 151 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 i (new)
Article 1 – paragraph 1 – point 2 i (new)
Regulation (EC) No 1367/2006
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
Amendment 153 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 j (new)
Article 1 – paragraph 1 – point 2 j (new)
Regulation (EC) No 1367/2006
Article 12 – paragraph 2 b (new)
Article 12 – paragraph 2 b (new)
2j. In Article 12, the following paragraph is inserted: ‘2b. Union institutions and bodies referred to in Article 10(1) shall not request that applicants pay costs exceeding a reasonable amount and shall, in any event, not request costs other than travel and subsistence expenses. In particular, Union institutions and bodies shall not request applicants to pay the remuneration of agents, advisers or lawyers.’