Activities of Anna ZALEWSKA related to 2020/0289(COD)
Plenary speeches (1)
Environment: The Aarhus Regulation (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council Amending 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
Amendments (19)
Amendment 21 #
Proposal for a regulation
Recital 3
Recital 3
(3) In its Communication to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019, entitled ‘The European Green Deal’ the Commission committed itself to consider revising Regulation (EC) No 1367/2006 to improve access to administrative and judicial review at Union level for citizens and environmental non- governmental organisations who have specific concerns about the compatibility with environmental law of decisions withadministrative acts with significant adverse effects on the environment. The Commission also committed to take action to improve their access to justice before national courts in all Member States, which should be preceded by a close consultation on the matter with the Member States; to this end, it issued a Communication on ‘Improving access to justice in environmental matters in the EU and its Member States’.
Amendment 31 #
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 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 Treaties, as well as 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 34 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The administrative review under the Aarhus Regulation, which can be exercised by environmental NGOs, complements the general Union system of administrative and judicial review, which allows citizens to review administrative acts through direct court actions at Union level, namely under Article 263(4) TFEU and, specifically, in accordance with Article 267 TFEU, through the national courts, which form an integral part of the Union system under the Treaties.
Amendment 36 #
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 is the maimay be, in certain cases, an 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 necessary toWhere appropriate, it may therefore be justified to appropriately broaden the scope of the internal review procedure laid down in that Regulation to include non-legislative acts of a general scope.
Amendment 37 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Notes that significant progress has already been achieved with the adoption of Regulation (EC) No 1367/2006 and that access to justice for stakeholders is ensured in the Member States;
Amendment 39 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) Recalls that NGOs that benefit from access to justice under Regulation (EC) No 1367/2006 should do so solely in the interest and for the well-being of all citizens of the Union; warns that access to justice under the Aarhus Convention should not be used as a cover for pursuing political objectives;
Amendment 53 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Warns that abuse of the means of accessing justice under Regulation (EC) No 1367/2006 could result in a violation of the principles enshrined in the Treaties and in entities which are not empowered to do so having a disproportionate impact on the formulation of Union law;
Amendment 57 #
Proposal for a regulation
Recital 10
Recital 10
(10) When assessing whether an administrative act contains provisions which may, because of their effects, contravene environmental law, it is necessary to consider whether such provisions may have anis directly intended to have a significant impact on environmental law within the meaning of Article 2(1)(f), it is necessary to consider whether its stated objectives refer to having a significant adverse effect on the attainment of the objectives of Union policy on the environment set out in Article 191 TFEU. As a resultWhere specific objectives relate to significant negative impacts, the internal review mechanism shouldmay, where appropriate, also cover acts that have been adopted in the implementation of policies other than Union policy on the environment.
Amendment 64 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Notes that the costs and administrative burden associated with resolving more review requests under the Aarhus Convention may increase significantly;
Amendment 73 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) When considering a request for internal review, the Union institution or body should hear all stakeholders before taking a decision, including any companies or public authorities directly affected by the request in question;
Amendment 74 #
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) The scope of review proceedings under Regulation (EC) No 1367/2006 should include both the substantive and procedural legality of the act being challenged. Pursuant to Article 12 of Regulation (EC) No 1367/2006, proceedings may not be based on grounds or evidence not set out in the request, as the purpose of the requirement in Article 10(1) of Regulation (EC) No 1367/2006 to state the grounds for the request would become redundant and the subject matter of the proceedings initiated by the request would be altered;
Amendment 76 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Notes, in particular, that it is not possible under the Regulation to grant locus standi to entities other than qualified NGOs. This would lead to de facto EU-wide actio popularis, which could potentially have an extremely adverse effect on the decision-making process of the EU bodies, which is also of relevance to the Member States. The Aarhus Convention does not require its signatories to introduce an actio popularis;
Amendment 77 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) Points out that it is not possible, without violating the Treaties, to permit challenges before Community bodies of implementing acts adopted at Member State level on the basis of acts of EU law. This would lead to the violation of the principle of the autonomy of national courts, which as such are also EU courts;
Amendment 90 #
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 which, because of the objectives set out therein, is directly aimed at exerting significant influence on environmental law, and contains provisions that mare highly likely, because of their effects, to significantly 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 119 #
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 or, in case of an alleged administrative omission, should have adopted such an act, on the grounds that such an act or omission, because of the objectives set out therein, is directly aimed at exerting influence on or, in the case of omission, may flagrantly and significantly contravenes environmental law, within the meaning of Article 2(1)(f).
Amendment 121 #
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 a (new)
Article 10 – paragraph 1 – subparagraph 1 a (new)
2a. In Article 10(1), the following point is inserted: ‘Provisions of an administrative act for which Union law explicitly requires implementing measures at Union or national level shall not be subject to requests for internal review.’
Amendment 127 #
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: (a) it is clearly unsubstantiated, (b) it serves as a cover for pursuing political objectives, (c) it is not acting solely in the interest of the well-being of citizens of the Union, (d) it could potentially have a significant adverse effect on the decision- making process of the EU bodies, for instance through a de facto actio popularis, (e) it undermines the principle of the autonomy of national courts, (f) or it threatens to infringe the Treaties, in particular Articles 263 and 267 TFEU. The Union institution or body shall state its reasons in a written reply as soon as possible, but no later than 16 weeks after receipt of the request.’
Amendment 132 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Regulation (EC) No 1367/2006
Article 11 – paragraph 1 – point d a (new)
Article 11 – paragraph 1 – point d a (new)
2c. In Article 11(1), the following point is inserted: ‘(da) it is included in the register referred to in Article [11a]’
Amendment 140 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 f (new)
Article 1 – paragraph 1 – point 2 f (new)
Regulation (EC) No 1367/2006
Article 11 a (new)
Article 11 a (new)
2f. The following Article is inserted: ‘Article 11a Transparency of NGOs 1. The Commission shall, at the latest by 31 December 2021, establish a public register of all NGOs that meet the requirements for eligibility set out in Article 11 of Regulation (EC) No 1367/2006. 2. All sources of funding for every NGO shall be published in the register referred to in point 1. 3. Information, including a record of all requests for internal review made by the NGO concerned, shall also be published in the register referred to in point 1.’