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7 Amendments of Jorge BUXADÉ VILLALBA related to 2020/0289(COD)

Amendment 12 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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 concerns about the compatibility with environmental law of decisions with effects on the environment. The Commission also committed to take action to improve their access to justice before national courts in all Member States; to this end, it issued a Communication on ‘Improving access to justice in environmental matters in the EU and its Member States’.deleted
2021/02/08
Committee: JURI
Amendment 15 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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 concerns about the compatibility with environmental law of decisions with effects on the environment. The Commission also committed to take action to improve their access to justice before national courts in all Member States; to this end, it issued a Communication on ‘Improving access to justice in environmental matters in the EU and its Member States’.
2021/02/08
Committee: JURI
Amendment 23 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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 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 necessary to broaden the scope of the internal review procedure laid down in that Regulation to include non- legislative acts of a general scope.deleted
2021/02/08
Committee: JURI
Amendment 27 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 6
(6) The definition of an administrative act for the purposes of Regulation (EC) No 1367/2006 should include non- legislative acts. However, a non legislative act might entail implementing measures at national level against which environmental non-governmental organisations can obtain judicial protection, including before the Court of Justice of the European Union (CJEU) through a procedure for preliminary ruling under Article 267 TFEU. Therefore, it is appropriate to exclude from the scope of the internal review those provisions of such non-legislative acts for which Union law requires implementing measures at national level.deleted
2021/02/08
Committee: JURI
Amendment 34 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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 an adverse effect on the attainment of the objectives of Union policy on the environment set out in Article 191 TFEU. As a result, the internal review mechanism should also cover acts that have been adopted in the implementation of polici and/or whether such provisions strictly fall within the competences of ther than Union policy on the environmentand do not breach the principle of subsidiarity.
2021/02/08
Committee: JURI
Amendment 45 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 12
(12) According to the case law of the CJEU63, environmental non-governmental organisationsthose requesting an internal review of an administrative act are required to put forward facts or legal arguments of sufficient substance to give rise to serious doubts when stating the grounds for their request of review. _________________ 63Judgment of the Court of Justice of 12 September 2019 in Case C-82/17 P, TestBioTech v Commission, ECLI:EU:C:2019:719, at para 69.
2021/02/08
Committee: JURI
Amendment 63 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) No 1367/2006
Article 10 – paragraph 1 – subparagraph 2
Where an administrative act is an implementing measure at Union level required by another non-legislative act, the non-governmental organisation may also request the review of the provision of the non-legislative act for which that implementing measure is required when requesting the review of that implementing measure.deleted
2021/02/08
Committee: JURI
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