4 Amendments of Daniel BUDA related to 2020/0289(COD)
Amendment 18 #
Proposal for a regulation
Recital 4
Recital 4
(4) Taking into account the provisions of Article 9(3) of the Aarhus Convention, as well as concerns expressedobservations by the Aarhus Convention Compliance Committee62 on EU failure to fully meet its obligations under the provisions of the Convention on Access to Justice in Environmental Matters, Union law should be brought into compliance with the provisions of the Aarhus Convention on access to justice in environmental matters in a way that is compatible with the fundamental principles of Union law and with its system of judicial review. law. _________________ 62See findings of the Aarhus Convention Compliance Committee in case ACCC/C/2008/32 at https://www.unece.org/env/pp/compliance/ Compliancecommittee/32TableEC.html.
Amendment 26 #
Proposal for a regulation
Recital 5
Recital 5
(5) The limitation of the internal review provided for in Regulation (EC) No 1367/2006 to administrative acts of individual scope iscould effectively be the main obstacle for environmental non- governmental organisations seeking to have recourse to internal review under Article 10 of that Regulation also as regards administrative acts that have a wider scope. It is therefore necessaryappropriate to broaden the scope of the internal review procedure laid down in that Regulation to include non-legislative acts of a general scope. that effectively contravene environmental law.
Amendment 33 #
Proposal for a regulation
Recital 9
Recital 9
(9) The scope of Regulation (EC) No 1367/2006 covers acts adopted under environmental law. By contrast, Article 9(3) of the Aarhus Convention covers challenges to acts that ‘contravene’ law relating to the environment. Thus, it is necessary to clarify that internal review should be carried out in order to verify whether an administrative act effectively contravenes environmental law.
Amendment 60 #
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 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
1. Any non-governmental organisation which meets the criteria set out in Article 11 is entitled to make a request for internal review to the Union institution or body that has adopted an administrative act that effectively contravenes law relating to the environment or, in case of an alleged administrative omission, should have adopted such an act, on the grounds that such an act or omission effectively contravenes environmental law. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)