6 Amendments of Alexander BERNHUBER related to 2020/0289(COD)
Amendment 38 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Non-governmental organisations active in the field of environmental protection which meet certain criteria, in particular in order to ensure that they are independent and accountable organisations that have demonstrated or continue to demonstrate that their primary objective is to promote environmental protection without any profit motive, should be entitled to request internal review at Community level of acts adopted or of omissions under environmental law by a Community institution or body, with a view to their reconsideration by the institution or body in question.
Amendment 52 #
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, in line with the case law of the CJEU, that internal review should be carried out in order to verify whether an administrative act contravenes environmental lawhas, in view of its stated objectives, direct and significant bearing on environmental law within the meaning of point (f) of Article 2(1).
Amendment 89 #
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, contravenehas, in view of its stated objectives, direct and significant bearing on 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 112 #
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 contravenes environmental lawhas, in view of its stated objectives, direct and significant bearing – or such an omission has direct and significant bearing – on environmental law within the meaning of point (f) of Article 2(1).
Amendment 130 #
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 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
Amendment 131 #
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 added: ‘(da) it has at least 100 members.’