10 Amendments of Pascal CANFIN related to 2020/0289(COD)
Amendment 25 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In order to ensure that the administrative and judicial procedures provided for in this Regulation are effective, the costs of such procedures should not be prohibitively expensive. To this aim, also the cost requests of the Union institutions and bodies, if they are successful in litigation, should always be reasonable.
Amendment 33 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Article 9(3) and 9(4) of the Aarhus Convention provides access to judicial and administrative review procedures for members of the public so that they can challenge the substantive or procedural legality of decisions, acts or omissions that may contravene environmental law. Enhancing access to administrative and judicial review is necessary for the Union to comply with the requirements of provisions of Article 9(3) and 9(4) of the Aarhus Convention, and to deliver on the commitments under the European Green Deal to improve access to justice.
Amendment 44 #
Proposal for a regulation
Recital 6
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 CourtFor the sake of consistency and in view of the link between the concept of an act having ‘legally binding and external effects’, within the meaning of JusArticle of the European Union (CJEU) through a procedure for preliminary ruling under2(1)(g) of the Aarhus Regulation, and that of an act producing legal effects vis-à-vis third parties, within the meaning of Article 2673 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, it is reasonable to interpret the former in accordance with the latter.
Amendment 49 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 50 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 85 #
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 adoptedtaken by a Union institution or body, which has legally binding and external effects and contains provisions that may, because of their effects vis-à-vis third parties, 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 116 #
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
Any non-governmental organisation or other member of the public 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 law.
Amendment 124 #
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 2
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 or other member of the public 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.
Amendment 142 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 g (new)
Article 1 – paragraph 1 – point 2 g (new)
Regulation (EC) No 1367/2006
Article 12 – paragraph 1
Article 12 – paragraph 1
2g. Article 12, paragraph 1 is amended as follows: ‘1. The non-governmental organisation or other member of the public which made the request for internal review pursuant to Article 10 may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty.FEU, to review the substantive and procedural legality of that decision.’
Amendment 147 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 h (new)
Article 1 – paragraph 1 – point 2 h (new)
Regulation (EC) No 1367/2006:
Article 12 – paragraph 2
Article 12 – paragraph 2
2h. Article 12, paragraph 2 is amended as follows: ‘2. Where the Community institution or body fails to act in accordance with Article 10(2) or (3) the non-governmental organisation or other member of the public may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty.FEU.’