5 Amendments of Manon AUBRY related to 2020/0289(COD)
Amendment 20 #
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 expressed by the Aarhus Convention Compliance Committee62 , Union law should be brought into full 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, with fundamental rights, and with its system of judicial review. _________________ 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 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 d (new)
Article 1 – paragraph 1 – point 1 d (new)
Regulation (EC) No 1367/2006
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
1d. The following paragraph shall be inserted: Article 4(3) of Regulation (EC) No 1049/2001 shall not be applied to requests for environmental information, if the request concerns factual material, such as scientific studies and assessments prepared by an EU institution, an EU body or third parties to inform the decision-making procedure.
Amendment 61 #
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 or, in case of an alleged administrative omission, should have adopted such an act, on the grounds that such an act or omission directly or indirectly contravenes environmental law.
Amendment 72 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EC) No 1367/2006
Article 12 – paragraph 2
Article 12 – paragraph 2
2c. Article 12(2) shall be replaced by the following: 2. Where the Community institution or body fails to act in accordance with Article 10(2) or (3) the member of the public or non-governmental organisation may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty.
Amendment 74 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 d (new)
Article 1 – paragraph 1 – point 2 d (new)
Regulation (EC) No 1367/2006
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2d. The following paragraph shall be inserted: 2a. Without prejudice to the Court’s prerogative to apportion costs, it must be ensured that court proceedings initiated under this provision are not prohibitively expensive. 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.