Progress: Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ENVI | DOLESCHAL Christian ( EPP) | BRGLEZ Milan ( S&D), HOJSÍK Martin ( Renew), TOUSSAINT Marie ( Verts/ALE), ZALEWSKA Anna ( ECR), WALLACE Mick ( Confederal Group of the European United Left) |
Committee Opinion | LIBE | ||
Committee Opinion | JURI | POSPÍŠIL Jiří ( EPP) |
Lead committee dossier:
Legal Basis:
TFEU 192-p1
Legal Basis:
TFEU 192-p1Events
PURPOSE: to lay down detailed provisions to apply 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.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the Union and its Member States are Parties to the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention). Regulation (EC) No 1367/2006 of the European Parliament and of the Council (the Aarhus Regulation) established provisions to apply the provisions of the Convention to EU institutions and bodies.
For the European Green Deal to be successful and bring about lasting change, the public - individuals but also civil society - should remain a driving force in the transition and be given the means to participate actively in the development and implementation of new policies.
In its Communication on the European Green Deal , the Commission committed itself to revise the ‘Aarhus Regulation’ to improve access to administrative and judicial review at EU level for citizens and NGOs who have concerns about the legality of decisions affecting the environment and to take measures to improve their access to justice before the national courts in all Member States.
In its resolution of 15 January 2020, the European Parliament reaffirmed that it is essential to ensure that EU citizens have genuine access to justice and documents as enshrined in the Aarhus Convention.
CONTENT: the proposal aims to revise the administrative review created established in 2006 by the ‘Aarhus Regulation’ for the benefit of NGOs with regard to acts and omissions of an administrative nature by EU institutions and bodies.
In concrete terms, the amending proposal:
- extends the current possibilities for NGOs to request administrative review: whereas administrative review can currently only be requested for acts of 'individual scope' (which directly concern a person), in future NGOs may also request review of any non-legislative administrative act of 'general scope'; however, the proposal excludes provisions of such acts for which EU law explicitly requires implementing measures at EU or national level;
- amends the references to environmental law by providing that, in future, any administrative act which contravenes EU environmental law may be subject to review, irrespective of its policy objectives; however, the proposal does not envisage granting standing for individuals;
- extends the deadlines for the internal review procedure to allow for an appropriate quality of submissions, including a two-week extension for NGOs and a four-week extension for EU institutions.
Budgetary implications
The report and the external study on the functioning of access to justice in environmental matters accompanying the proposal assessed the impact of the different options on the internal resources of the EU institutions, in particular the Commission and the Court of Justice of the European Union (CJEU). They concluded that this impact shall be limited if the options introduced by the proposal are followed.
The proposed amendments shall not create a new system and shall not lead to an increase in the number of potential applicants for review. Although the expanding of the eligibility requirements may lead to an increase in the current workload, this could be partially compensated by clearer eligibility criteria.
Documents
- Committee draft report: PE662.051
- Contribution: COM(2020)0642
- Document attached to the procedure: COM(2020)0643
- Document attached to the procedure: EUR-Lex
- Legislative proposal published: COM(2020)0642
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: COM(2020)0643 EUR-Lex
- Committee draft report: PE662.051
- Contribution: COM(2020)0642
Activities
- Gerolf ANNEMANS
Plenary Speeches (0)
- Jytte GUTELAND
Plenary Speeches (0)
- Peter LIESE
Plenary Speeches (0)
- Ljudmila NOVAK
Plenary Speeches (0)
- Jiří POSPÍŠIL
Plenary Speeches (0)
- Nicolae ŞTEFĂNUȚĂ
Plenary Speeches (0)
- Marcel KOLAJA
Plenary Speeches (0)
- Grace O'SULLIVAN
Plenary Speeches (0)
- Ivan Vilibor SINČIĆ
Plenary Speeches (0)
- Mick WALLACE
Plenary Speeches (0)
- Pär HOLMGREN
Plenary Speeches (0)
- César LUENA
Plenary Speeches (0)
- Silvia MODIG
Plenary Speeches (0)
- Anna ZALEWSKA
Plenary Speeches (0)
- Martin HOJSÍK
Plenary Speeches (0)
- Pietro FIOCCHI
Plenary Speeches (0)
- Marie TOUSSAINT
Plenary Speeches (0)
- Sylwia SPUREK
Plenary Speeches (0)
- Milan BRGLEZ
Plenary Speeches (0)
- Katarina BARLEY
Plenary Speeches (0)
- Ciarán CUFFE
Plenary Speeches (0)
- Pernille WEISS
Plenary Speeches (0)
- Christian DOLESCHAL
Plenary Speeches (0)
- Sara MATTHIEU
Plenary Speeches (0)
Amendments | Dossier |
63 |
2020/0289(COD)
2021/02/08
JURI
63 amendments...
Amendment 12 #
Proposal for a regulation Recital 3 Amendment 13 #
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
Amendment 14 #
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 environmental information for natural persons and non-governmental organisations as well as to administrative and judicial review at Union level for citizens and environmental non-
Amendment 15 #
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
Amendment 16 #
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
Amendment 17 #
Proposal for a regulation Recital 4 (4) Taking into account the provisions of Article 9(3) of the Aarhus Convention,
Amendment 18 #
Proposal for a regulation Recital 4 (4) Taking into account the provisions of Article 9(3) of the Aarhus Convention, as well as
Amendment 19 #
Proposal for a regulation Recital 4 (4) Taking into account the provisions of Article 9(3) of the Aarhus Convention,
Amendment 20 #
Proposal for a regulation 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 21 #
Proposal for a regulation Recital 4 (4) Taking into account the provisions of Article 9(3) of the Aarhus Convention,
Amendment 22 #
Proposal for a regulation Recital 4 a (new) (4a) Article 9(3) and (4) of the Aarhus Convention provides for access to judicial or other procedures for members of the public (including individuals and non- governmental organisations) so that they can challenge the substantive or procedural legality of decisions, acts or omissions that may contravene environmental law. Enhancing individual access to administrative and court review is necessary as part of the European Union’s compliance with the requirements of those provisions, and as part of the European Commission’s commitment to improve access to justice contained in the European Green Deal.
Amendment 23 #
Proposal for a regulation Recital 5 Amendment 24 #
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
Amendment 25 #
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
Amendment 26 #
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
Amendment 27 #
Proposal for a regulation Recital 6 Amendment 28 #
Proposal for a regulation Recital 6 (6) The definition of an administrative act for the purposes of Regulation (EC) No
Amendment 29 #
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 if they have legally binding and external effects and contain provisions that contravene environmental law. 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.
Amendment 30 #
Proposal for a regulation Recital 7 Amendment 31 #
Proposal for a regulation Recital 8 Amendment 32 #
Proposal for a regulation 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.
Amendment 33 #
Proposal for a regulation 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 that internal review should be carried out in order to verify whether an administrative act effectively contravenes environmental law.
Amendment 34 #
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
Amendment 35 #
Proposal for a regulation Recital 10 (10) When assessing whether an administrative act contains provisions
Amendment 36 #
Proposal for a regulation Recital 11 Amendment 37 #
Proposal for a regulation Recital 11 a (new) (11a) Article 9(4) Aarhus Convention requires that court proceedings under the scope of Article 9(3) Aarhus Convention should not be prohibitively expensive. In order to ensure that judicial proceedings under Article 12 Regulation (EC) 1367/2006 are not prohibitively expensive and that costs are foreseeable for the applicant, the EU institutions or bodies should thrive to make reasonable cost requests when they are successful in litigation and should, in particular, not seek to pass on the costs of external representation.
Amendment 38 #
Proposal for a regulation Recital 11 a (new) (11a) As confirmed by the case law of the CJEU 1a, state aid for activities that contravene rules of EU law on the environment cannot be declared compatible with the internal market. Therefore, measures by the European Commission under Articles 106 and 107 TFEU should be covered by the definition of an administrative act for the purposes of Regulation (EC) No1367/2006. _________________ 1aJudgement of the Court of Justice of 22 September2020 in Case C-594/18 P, Austria v. Commission, ECLI:EU:C:2020:742, at paras 42-44.
Amendment 39 #
Proposal for a regulation Recital 11 a (new) (11a) As confirmed by the case law of the CJEU, state aid for activities that contravene rules of EU law on the environment cannot be declared compatible with the internal market. Therefore, measures by the European Commission under Articles 106 and 107 TFEU should be covered by the definition of an administrative act for the purposes of Regulation (EC) No 1367/2006.
Amendment 40 #
Proposal for a regulation Recital 11 b (new) (11b) Article9(4) Aarhus Convention requires that court proceedings under the scope of Article 9(3) Aarhus Convention shall not be prohibitively expensive. In order to ensure that judicial proceedings under Article 12 Regulation (EC) 1367/2006 are not prohibitively expensive and that costs are foreseeable for the applicant, the EU institutions or bodies shall only make reasonable cost requests when they are successful in litigation and shall, in particular, not seek to pass on the costs of external representation.
Amendment 41 #
Proposal for a regulation Recital 11 b (new) (11b) Article 9(4) Aarhus Convention requires that court proceedings under the scope of Article 9(3) Aarhus Convention shall not be prohibitively expensive. In order to ensure that judicial proceedings under Article 12 Regulation (EC) 1367/2006 are not prohibitively expensive and that costs are foreseeable for the applicant, the EU institutions or bodies shall only make reasonable cost requests when they are successful in litigation and shall, in particular, not seek to pass on the costs of external representation.
Amendment 42 #
Proposal for a regulation Recital 11 c (new) (11c) Given the key role of environmental NGOs in raising awareness and taking legal action, the EU institutions or bodies shall provide them with the appropriate financial support and ensure their full access to justice, information and participation.
Amendment 43 #
Proposal for a regulation Recital 12 (12) According to the case law of the CJEU63, environmental non-governmental organisations 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
Amendment 44 #
Proposal for a regulation Recital 12 (12)
Amendment 45 #
Proposal for a regulation Recital 12 (12) According to the case law of the CJEU63,
Amendment 46 #
Proposal for a regulation Recital 12 a (new) (12a) In this regard, the applicability of the admissibility criteria of Article 263(4), including the narrow Plaumann concept developed in the CJUE jurisprudence, is in contradiction with Article 9(3) of the Aarhus Convention and should be reviewed.
Amendment 47 #
Proposal for a regulation Recital 13 (13) Since the objectives of this Regulation, namely to lay down detailed rules to apply the provisions of the Aarhus Convention to Union institutions and bodies, cannot be achieved by the Member States, but can only be achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union.
Amendment 48 #
Proposal for a regulation Recital 14 (14) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union (the Charter), in particular the right to environmental protection (Article 37), the right to good administration (Article 41) and the right to an effective remedy and to a fair trial (Article 47). This Regulation contributes to the effectiveness of the Union system of administrative and judicial review in environmental matters, and as a result, strengthens the application of Articles 37, 41 and 47 of the Charter and thereby contributes to the rule of law, enshrined in Article 2 of the Treaty on European Union (TEU).
Amendment 49 #
Proposal for a regulation Recital 14 (14) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union (the Charter), in particular the right to good administration (Article 41) and the right to an effective remedy and to a fair trial (Article 47). This Regulation contributes to the effectiveness of the Union’s and its Member States’ system of administrative and judicial review, and as a result, strengthens the application of Articles 41 and 47 of the Charter and thereby contributes to the rule of law, enshrined in Article 2 of the Treaty on European Union (TEU).
Amendment 50 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EC) No 1367/2006 Article 2 – paragraph 1 – point g (g) ‘administrative act’ means any non- legislative act adopted by a Union institution or body, which has, legal
Amendment 51 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EC) No 1367/2006 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
Amendment 52 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EC) No 1367/2006 Article 2 – paragraph 1 – point g (g) ‘administrative act’ means any non-
Amendment 53 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 a (new) Regulation (EC) No 1367/2006 Article 2 – paragraph 2 1a. Article 2(2) is replaced by the following: "Administrative acts and administrative omissions shall not include measures taken or omissions by a Community institution or body
Amendment 54 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 a (new) Regulation (EC) No 1367/2006 Article 2 – paragraph 2 1a. Article 2(2) shall be replaced by the following: ‘2. Administrative acts and administrative omissions shall not include measures taken or omissions by a Community institution or body
Amendment 55 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 b (new) Regulation (EC) No 1367/2006 Article 4 – paragraph 2 1b. Article 4(2) shall be replaced by the following: 2. The environmental information to
Amendment 56 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 a (new) Regulation (EC) No 1367/2006 Article 4 – paragraph 2 1a. Article 4(2) shall be replaced by the following: ‘2. The environmental information to be made available and disseminated shall be updated as appropriate. In addition to the documents listed in Article 12(2) and (3) and in Article 13(1) and (2) of Regulation (EC) No 1049/2001, the
Amendment 57 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 c (new) Regulation (EC) No 1367/2006 Article 6 – paragraph 2 a (new) 1c. The following paragraph shall be inserted: 2a. Article 4(1)(a), fourth indent, and Art. 4(2), third indent, of Regulation (EC) No 1049/2001 shall not be applied to requests for environmental information. The institution may refuse access to environmental information held by Union institutions and bodies where disclosure would undermine the purpose of a disciplinary procedure.
Amendment 58 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 d (new) Regulation (EC) No 1367/2006 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 59 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a Regulation (EC) No 1367/2006 Article 10 – paragraph 1 – subparagraph 1 1. Any member of the public having sufficient interest in the measure, or non- governmental organisation which meets the criteria set
Amendment 60 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a Regulation (EC) No 1367/2006 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 that effectively contravenes law relating to the environment or, in case of an alleged administrative omission, should have adopted such an act, on the grounds that such an act or omission effectively contravenes environmental law. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
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 62 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a Regulation (EC) No 1367/2006 Article 10 – paragraph 1 – subparagraph 1 1. A
Amendment 63 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a Regulation (EC) No 1367/2006 Article 10 – paragraph 1 – subparagraph 2 Amendment 64 #
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 member of the public or 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.
Amendment 65 #
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 on the same grounds when requesting the review of that implementing measure.
Amendment 66 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a Regulation (EC) No 1367/2006 Article 10 – paragraph 1 – subparagraph 3 Such a request must be made in writing and within a time limit not exceeding
Amendment 67 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a Regulation (EC) No 1367/2006 Article 10 – paragraph 2 2. The Union institution or body referred to in paragraph 1 shall consider any such request, unless it is clearly unsubstantiated. The Union institution or body shall state its reasons in a written reply as soon as possible, but no later than 1
Amendment 68 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point b Regulation (EC) No 1367/2006 Article 10 – paragraph 3 – subparagraph 2 Amendment 69 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 a (new) Regulation (EC) No 1367/2006 Article 11 – paragraph 2 2a. Article 11(2) shall be replaced by the following: 2. The Commission shall adopt the provisions which are necessary to ensure transparent and consistent application of the criteria mentioned in paragraph 1 and 2.
Amendment 70 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 b (new) Regulation (EC) No 1367/2006 Article 11 – paragraph 2 a (new) 2b. The following paragraph shall be inserted : 2a. Any member of the public shall be entitled to make a request for internal review in accordance with Article 10, provided that they have sufficient interest in the measure.
Amendment 71 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 a (new) Regulation (EC) No 1367/2006 Article 12 – paragraph 1 Amendment 72 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 b (new) Regulation (EC) No 1367/2006 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 73 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 b (new) Regulation (EC) No 1367/2006 Article 12 – paragraph 2 a (new) 2b. 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.
Amendment 74 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 d (new) Regulation (EC) No 1367/2006 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.
source: 680.916
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