2020/0289(COD) | [ParlTrack]

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 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 right of citizens to have 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’ in which it recalls that ‘access to justice in environmental matters (...) is an important support measure to help deliver the European Green Deal transition and a way to strengthen the role which civil society can play as watchdog in the democratic space’.

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- 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’.

Amendment 15 #

Proposal for a regulation
Recital 3

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 ~~committed itself to~~declared it would consider revising Regulation (EC) No 1367/2006 to improve access to administrative and judicial review at European Union level for citizens and environmental non- governmental organisations who have concrete concerns about the ~~compatibility with environmental law~~legality of decisions with effects on the environment. The Commission also ~~committ~~announced to take action to improve their entitled 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’.

Amendment 17 #

Proposal for a regulation
Recital 4

(4) Taking into account the provisions of Article 9(3) of the Aarhus Convention, as well as concerns, such as limiting appeals against administrative acts to individuals only or not granting the right of judicial review to persons or entities such as regions and municipalities, 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 with its system of judicial review, while maintaining transparency in individual cases and disclosing information on matters concerning non-governmental organisations. _________________ 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 18 #

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~~observations by the Aarhus Convention Compliance Committee62 on EU failure to fully meet its obligations under the provisions of the Convention on Access to Justice in Environmental Matters, 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 with its system of judicial review.~~ law. _________________ 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 19 #

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 ,~~European Union law should be brought into compliance with ~~the~~its 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 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 20 #

Manon AUBRY

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, ~~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 and the findings of the Aarhus Convention Compliance Committee62 in a way that is compatible with the fundamental principles of Union law 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 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

(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

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 ~~is the main obstacle~~may present certain difficulties 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 t~~The scope of the internal review procedure laid down in that Regulation should therefore be broadened to include non-legislative acts of a general scope and to ensure that information acquired by non-governmental organisations is forwarded to a European institution competent to guarantee the transparency of procedures and information.

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 ~~is the mai~~could be an obstacle for environmental non-governmental organisations seeking to have justified 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.

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 iscould effectively be 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~~appropriate to broaden the scope of the internal review procedure laid down in that Regulation to include non-legislative acts of a general scope. that effectively contravene environmental law.

Amendment 27 #

Proposal for a regulation
Recital 6

Amendment 28 #

Axel VOSS, Angelika NIEBLER, Antonius MANDERS

Proposal for a regulation
Recital 6

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

(7) In the interest of legal certainty, in order for any provisions to be excluded from the notion of administrative act, Union law must explicitly require the adoption of implementing acts for those provisions.deleted

Amendment 31 #

Proposal for a regulation
Recital 8

(8) In order to ensure effectiveness, the review of those provisions of an administrative act for which Union law explicitly requires implementing measures at Union level may also be sought when the review of the Union-level implementing measure is requesdeleted.

Amendment 32 #

Proposal for a regulation
Recital 9

Amendment 33 #

Proposal for a regulation
Recital 9

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~~. 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 the~~r than~~ Union ~~policy on the environment~~and do not breach the principle of subsidiarity.

Amendment 35 #

Proposal for a regulation
Recital 10

(10) When assessing whether an administrative act contains provisions ~~which may, because of their effects,~~that significantly 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 policies other than Union policy on the environment.

Amendment 36 #

Proposal for a regulation
Recital 11

(11) In order to allow enough time to carry out a proper review process, it is appropriate to extend time limits laid down in Regulation (EC) No 1367/2006 for requesting an administrative review and those applicable to the Union institutions and bodies to respond to such a request.deleted

Amendment 37 #

Pascal DURAND

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. and to submit them to a European institution competent to implement this regulation and to ensure transparency. Furthermore, if national law contains the obligation to exhaust administrative review procedures before recourse can be given to judicial review, this obligation should be fulfilled. _________________ 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.

Amendment 44 #

Proposal for a regulation
Recital 12

(12) ~~According to~~This Regulation applies the case law of the CJEU63, following which 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. _________________ 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.

Amendment 45 #

Proposal for a regulation
Recital 12

(12) According to the case law of the CJEU63, ~~environmental non-governmental organisations~~those 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.

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. ~~In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.~~

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~~ly binding and external~~ effects and contains provisions that may, ~~because of their effects,~~ 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 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~~, because of their effects,~~ 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 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- 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,~~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 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 ~~in its capacity as an administrative review body, such as under: (a) Articles 81, 82, 86 and 87 of the Treaty~~under: (a) Articles 101 and 102 TFEU (competition rules); (b) Articles 2~~26 and 228 of the Treaty~~58, 259 and 260 TFEU (infringement proceedings); (c) Article ~~195 of the Treaty~~228 TFEU (Ombudsman proceedings); (d) Article ~~280 of the Treaty~~325 TFEU (OLAF proceedings)."

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 ~~in its capacity as an administrative review body, such as~~ under: (a) Articles 8101, 8102, ~~86 and 87 of the Treaty~~TFEU (competition rules); (b) Articles 2~~26 and 228 of the Treaty~~58, 259 and 260 TFEU (infringement proceedings); (c) Article ~~195 of the Treaty~~228 TFEU (Ombudsman proceedings); (d) Article ~~280 of the Treaty~~325 TFEU (OLAF proceedings).’

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 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 databases or registers shall include the following: (b) progress reports on the implementation of the items referred to under (a) where prepared or held in electronic form by Community institutions or bodies; (c) steps takenfollowing shall be included in the databases or registers as soon as they are finalized: (a) texts of international treaties, conventions or agreements, and of Union legislation and administrative acts on the environment or relating to it, and of policies, plans and programmes relating to the environment; (aa) the positions of Member States as expressed in decision-making procedures leading to the adoption of Union legislation and administrative acts on the environmental or relating to it; (b) progress reports on the implementation of the items referred to under (a) where prepared or held in electronic form by Community institutions or bodies, including finalised reports relating to audits and inspections carried out by EU institutions and bodies in the Member States; (c) steps taken and documents exchanged in proceedings for infringements of ~~Community~~Union law from the stage of the ~~reasoned opinion~~letter of formal notice pursuant to Article 22658(1) of the Treaty; (d) reports on the state of the environment as referred to in paragraph 4; (e) data or summaries of data derived from the monitoring of activities affecting, or likely to affect, the environment; (f) authorisations with a significant impact on the environment, and environmental agreements, or a reference to the place where such information can be requested or accessed; (g) environmental impact studies and risk assessments concerning environmental elements, or a reference to the place where such information can be requested or accessed; (ga) tables drawn up for the purposes of ongoing trilogues, as well as impact assessment reports in relation to legislative initiatives envisaged in respect of environmental matters.

Amendment 56 #

Pascal DURAND

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 ~~databases or registers shall include the following~~following shall be included in the databases or registers as soon as they are consolidated: (a) texts of international treaties, conventions or agreements, and of Community legislation on the environment or relating to it, and of policies, plans and programmes relating to the environment; (aa) the positions of Member States as expressed in decision-making procedures leading to the adoption of Union legislation and administrative acts on the environmental or relating to it; (b) progress reports on the implementation of the items referred to under (a) where prepared or held in electronic form by Community institutions or bodies; (c) steps taken in proceedings for infringements of Community law from the stage of the reasoned opinion pursuant to Article 226(1) of the Treaty; (d) reports on the state of the environment as referred to in paragraph 4; (e) data or summaries of data derived from the monitoring of activities affecting, or likely to affect, the environment; (f) authorisations with a significant impact on the environment, and environmental agreements, or a reference to the place where such information can be requested or accessed; (fa) environmental impact studies and risk assessments concerning environmental elements, or a reference to the place where such information can be requested or accessed.’

Amendment 57 #

Marie TOUSSAINT, Manon AUBRY

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 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 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 #

Manon AUBRY

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

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

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

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 #

Axel VOSS, Angelika NIEBLER, Antonius MANDERS

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 ~~eight~~six weeks after the administrative act was adopted, notified or published, whichever is the latest, or, in the case of an alleged omission, ~~eight~~six weeks after the date when the administrative act was required. The request shall state the grounds for the review.

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 162 weeks after receipt of the request.

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

~~In any event, the Union institution or body shall act within 22 weeks from receipt of the request.~~deleted

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 #

Marie TOUSSAINT, Manon AUBRY

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)

Regulation (EC) No 1367/2006
Article 12 – paragraph 1

~~1. T~~2a. Article 12(1) shall be replaced by the following: ‘1. Where the non-governmental organisation which made ~~the~~a request for internal review pursuant to Article 10 considers that a decision by the institution or body in response to that request is insufficient to ensure compliance with environmental law, the non-governmental organisation may institute proceedings before the Court of Justice in accordance with Article 263 of the relevant provisions of the Treaty., to review the substantive and procedural legality of that decision.’

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 #

Marie TOUSSAINT, Manon AUBRY

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

2021/03/11 ENVI 137 amendments...

Amendment 100 #

Michal WIEZIK, Róża THUN UND HOHENSTEIN, Radan KANEV, Stanislav POLČÁK

Proposal for a regulation
Article 1 – paragraph 1 – point 1 c (new)

Regulation (EC) No 1367/2006
Article 2 – paragraph 2 – point b

1c. Article 2, paragraph 2, point b is amended as follows: ‘(b) Articles 22658, 259 and 22860 of the Treaty (infringement proceedings);’

Amendment 101 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 d (new)

Regulation (EC) No 1367/2006
Article 4 – paragraph 1 – subparagraph 1

1d. Article 4, paragraph 1, sub paragraph 1 is amended as follows: ‘Community institutions and bodies shall organise the environmental information which is relevant to their functions and which is held by them, with a view to its active and systematic dissemination to the public, in particular by means of computer telecommunication and/or electronic technology in accordance with Articles 11(1) and (2), and 12 of Regulation (EC) No 1049/2001. They shall make this environmental information progressively available, as and when it becomes available, in electronic databases that are easily accessible to the public through public telecommunication networks. To that end, they shall place the environmental information that they hold on databases and equip these with search aids and other forms of software designed to assist the public in locating the information they require.’

Amendment 102 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 e (new)

Regulation (EC) No 1367/2006
Article 4 – paragraph 2 – introductory phrase

1e. Article 4, paragraph 2, introductory phrase is amended as follows: ‘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 ~~databases or registers shall include the following:~~following shall be included in the databases or registers as early as possible:’

Amendment 103 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 f (new)

Regulation (EC) No 1367/2006
Article 4 – paragraph 2– point a

1f. Article 4, paragraph 2, point a is amended as follows: ‘(a) texts of international treaties, conventions or agreements~~, and of Community legislation~~ as well as negotiation mandates and/or directives related to treaties, conventions and agreements that affect the environment, and of Union legislation and administrative acts on the environment or relating to it, and of policies, plans and programmes relating to the environment;’

Amendment 104 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 g

Regulation (EC) No 1367/2006
Article 4 – paragraph 2 – point a a (new)

1g. In Article 4, paragraph 2, point aa is inserted: ‘(aa) factual material, such as scientific studies and assessments prepared by a Union institution, a Union body or third parties to inform decision-making procedures related to the environment;’

Amendment 105 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 h

Regulation (EC) No 1367/2006
Article 4 – paragraph 2 – point a b (new)

1h. In Article 4, paragraph 2, point ab is inserted: ‘(ab) the positions of Member States as expressed in decision-making procedures leading to the adoption of Union legislation and administrative acts on the environment or relating to it;’

Amendment 106 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 i

Regulation (EC) No 1367/2006
Article 4 – paragraph 2 – point b

1i. Article 4, paragraph 2, point b is amended as follows: ‘(b) progress reports on the implementation of the items referred to under (a) where prepared or held in electronic form by ~~Community~~Union institutions or bodies, including finalised reports relating to audits and inspections carried out by Union institutions orand bodies; in the Member States;’

Amendment 107 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 j

Regulation (EC) No 1367/2006
Article 4 – paragraph 2 – point c

~~(c) steps taken~~1j Article 4, paragraph 2, point c is amended as follows: ‘(c) steps taken and documents exchanged in proceedings for infringements of ~~Community~~Union law from the stage of the ~~reasoned opinion~~letter of formal notice pursuant to Article 22658(1) of the Treaty;’

Amendment 108 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 k (new)

Regulation (EC) No 1367/2006
Article 4 – paragraph 2 – point f

1k. Article 4, paragraph 2, point f is amended as follows: ‘(f) authorisations with a significant impact on the environment, and environmental agreements, as well as the information and/or studies on which they are based, or a reference to the place where such information can be requested or accessed;’

Amendment 109 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 l

Regulation (EC) No 1367/2006
Article 4 – paragraph 2 – point g a (new)

1l. In Article 4, paragraph 2, point ga is inserted: ‘(ga) tables drawn up for the purposes of ongoing interinstitutional negotiations, as well as impact assessment reports in relation to legislative initiatives envisaged in respect of environmental matters.’

Amendment 110 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 m

Regulation (EC) No 1367/2006
Article 6 – paragraph 2 a (new)

1m. In Article 6, the following paragraph is added: ‘2a. The exceptions provided for in the fourth indent of point (a) of Article 4(1) and in the third indent of Article 4(2) of Regulation (EC) No 1049/20011a shall not be relied upon in relation to requests for environmental information. A Union institution or body may refuse access to environmental information it holds where disclosure would undermine the purpose of a disciplinary procedure. __________________ 1aRegulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ L 145, 31.5.2001, p. 43.’

Amendment 111 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 n (new)

Regulation (EC) No 1367/2006
Article 6 – paragraph 2 b (new)

1n. In Article 6, the following paragraph is added: ‘2b. The exception provided for in Article 4(3) of Regulation (EC) No 1049/20011a shall not be relied upon in relation to requests for environmental information, if the request concerns factual material, such as scientific studies and assessments prepared by a Union institution, body or by third parties as information to be used in a decision- making procedure." __________________ 1aRegulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ L 145, 31.5.2001, p. 43.’

Amendment 112 #

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 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~~has, 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 113 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a

Regulation (EC) No 1367/2006
Article 10 – paragraph 1 – subparagraph 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~~the administrative act or administrative omission may have a negative effect on the achievement of the objectives of the environmental law.

Amendment 114 #

Andreas GLÜCK, Nils TORVALDS

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a

Regulation (EC) No 1367/2006
Article 10 – paragraph 1 – subparagraph 1

Any non-governmental organisation ~~which~~or other member of the public with sufficient environmental interest that 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 115 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a

Regulation (EC) No 1367/2006
Article 10 – paragraph 1 – subparagraph 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 contravenes environmental law within the meaning of point (f) of Article 2(1).

Amendment 116 #

Martin HOJSÍK, Frédérique RIES, Pascal CANFIN, Nicolae ŞTEFĂNUȚĂ, María Soraya RODRÍGUEZ RAMOS, Véronique TRILLET-LENOIR, Sophia IN 'T VELD

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a

Regulation (EC) No 1367/2006
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 117 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a

Regulation (EC) No 1367/2006
Article 10 – paragraph 1 – subparagraph 1

Any non-governmental organisation ~~which~~or other member of the public that 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 118 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a

Regulation (EC) No 1367/2006
Article 10 – paragraph 1 – subparagraph 1

Any non-governmental organisation ~~which~~or other member of the public that 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 119 #

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 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 120 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a

Regulation (EC) No 1367/2006
Article 10 – paragraph 1 – subparagraph 1 a (new)

The provisions of an administrative act for which Union law explicitly requires the adoption of implementing measures at Union or national level shall not be the object of a request for internal review;

Amendment 121 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a

Regulation (EC) No 1367/2006
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 122 #

Martin HOJSÍK, Frédérique RIES, Pascal CANFIN, Nicolae ŞTEFĂNUȚĂ, María Soraya RODRÍGUEZ RAMOS, Véronique TRILLET-LENOIR, Sophia IN 'T VELD

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 or other members 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 123 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

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 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 124 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a

Regulation (EC) No 1367/2006
Article 10 – paragraph 1 – subparagraph 2

Amendment 125 #

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~~ eight weeks after the administrative act was adopted, notified or published, whichever is the latest, or, in the case of an alleged omission, within eight weeks after the date when the administrative act was required. The request shall state the grounds for the review.

Amendment 126 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a

Regulation (EC) No 1367/2006
Article 10 – paragraph 2

Amendment 127 #

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: (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 128 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b

Regulation (EC) No 1367/2006
Article 10 – paragraph 3 – subparagraph 2

In any event, the Union institution or body shall act within 220 weeks from receipt of the request.

Amendment 129 #

Nicolae ŞTEFĂNUȚĂ

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)

Regulation (EC) No 1367/2006
Article 11 – paragraph 1 – point b

~~(b) it has the primary stated~~2a. Article 11, paragraph 1, point b is amended as follows: ‘(b) it has among other things, the objective of promoting environmental protection in the context of environmental law;’

Amendment 130 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)

Regulation (EC) No 1367/2006
Article 11 – paragraph 1 – point c

2b. Article 11(1)(c) is amended as follows: ‘(c) it has existed for more than twohree years and is actively pursuing the objective referred to under (b);

Amendment 131 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 c (new)

Regulation (EC) No 1367/2006
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.’

Amendment 132 #

Martin HOJSÍK, Frédérique RIES, Nicolae ŞTEFĂNUȚĂ, María Soraya RODRÍGUEZ RAMOS, Sophia IN 'T VELD

Proposal for a regulation
Article 1 – paragraph 1 – point 2 c (new)

Regulation (EC) No 1367/2006
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 133 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 d (new)

Regulation (EC) No 1367/2006
Article 11 – paragraph 1 a (new)

Amendment 134 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

Proposal for a regulation
Article 1 – paragraph 1 – point 2 d (new)

Regulation (EC) No 1367/2006
Article 11 – paragraph 1 a (new)

2d. In Article 11 the following paragraph is inserted : ‘1a. Any other member of the public shall be entitled to make a request for internal review in accordance with Article 10, provided that they prove they have sufficient interest in and/or are directly concerned by the administrative act or omission that allegedly contravenes environmental law, including where the administrative act or, in the case of an alleged administrative omission, the failure to adopt such an act, interferes with their legitimate interests as regards one or more of the elements or factors referred to in points (d)(i) and (ii) of Article 2(1), and which are protected by the rules of environmental law in question.’

Amendment 135 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 d (new)

Regulation (EC) No 1367/2006
Article 11 – paragraph 1 a (new)

2d. In Article 11 the following paragraph is inserted: ‘1a. Any member of the public shall be entitled to make a request for internal review in accordance with Article 10, provided that they prove they have sufficient interest in the administrative act or omission that allegedly contravenes environmental law, including where the administrative act or, in case of an alleged administrative omission, the failure to adopt such an act, interferes with their legitimate use of one or more of the elements or factors referred to in points (i) and (ii) of point (d) of Article 2(1), which are protected by the environmental law in question.’

Amendment 136 #

Martin HOJSÍK, Nicolae ŞTEFĂNUȚĂ, María Soraya RODRÍGUEZ RAMOS, Sophia IN 'T VELD

Proposal for a regulation
Article 1 – paragraph 1 – point 2 d (new)

Regulation (EC) No 1367/2006
Article 11 – paragraph 1 a (new)

2d. In Article 11 the following paragraph is inserted: ‘1a. Any member of the public shall be entitled to make a request for internal review in accordance with Article 10, provided that they prove they have sufficient environmental interest in the administrative act or omission that allegedly contravenes environmental law, including where the administrative act or, in case of an alleged administrative omission, the failure to adopt such an act, interferes with their legitimate use of one or more of the elements or factors referred to in points (i) and (ii) of point (d) of Article 2(1), which are protected by the environmental law in question.’

Amendment 137 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

Proposal for a regulation
Article 1 – paragraph 1 – point 2 e (new)

Regulation (EC) No 1367/2006
Article 11 – paragraph 1 a (new)

2e. Article 11, paragraph 2 is amended as follows: ‘2. The Commission shall adopt the provisions which are necessary to ensure transparent and consistent application of the criteria mentioned in paragraphs 1. and 1a.’

Amendment 138 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 e (new)

Regulation (EC) No 1367/2006
Article 11 – paragraph 2

2.e. Article 11, paragraph 2 is amended as follows ‘2 The Commission shall adopt the provisions which are necessary to ensure transparent and consistent application of the criteria mentioned in paragraph 1. and 1a.’

Amendment 139 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 e (new)

Regulation (EC) No 1367/2006
Article 11 – paragraph 2

Amendment 140 #

Michal WIEZIK, Róża THUN UND HOHENSTEIN, Radan KANEV, Stanislav POLČÁK

Proposal for a regulation
Article 1 – paragraph 1 – point 2 f (new)

Regulation (EC) No 1367/2006
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.’

Amendment 141 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 g (new)

Regulation (EC) No 1367/2006
Article 12 – paragraph 1

~~1. T~~2g. Article 12, paragraph 1 is amended as follows: ‘1. Where the non-governmental organisation which made ~~the~~a request for internal review pursuant to Article 10 considers that a decision by the institution or body in response to that request is insufficient to ensure compliance with environmental law, the non-governmental organisation may institute proceedings before the Court of Justice in accordance with Article 263 of the Tre~~levant provisions of the Treaty.~~ aty, to review the substantive and procedural legality of that decision.’

Amendment 142 #

Martin HOJSÍK, Frédérique RIES, Pascal CANFIN, Nicolae ŞTEFĂNUȚĂ, María Soraya RODRÍGUEZ RAMOS, Véronique TRILLET-LENOIR, Sophia IN 'T VELD

Proposal for a regulation
Article 1 – paragraph 1 – point 2 g (new)

Regulation (EC) No 1367/2006
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 T~~reaty.~~FEU, to review the substantive and procedural legality of that decision.’

Amendment 143 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

Proposal for a regulation
Article 1 – paragraph 1 – point 2 g (new)

Regulation (EC) No 1367/2006
Article 12 – paragraph 1

2g. Article 12, paragraph 1 is amended as follows: ‘1. TWhere a non-governmental organisation or other member of the public which made ~~the~~a 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.~~considers that a decision by the Union institution or body in response to that request is insufficient to ensure compliance with environmental law, that non- governmental organisation or other member of the public may institute proceedings before the Court of Justice in accordance with Article 263 TFEU, to review the substantive and procedural legality of that decision.’

Amendment 144 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 g (new)

Regulation (EC) No 1367/2006
Article 12 – paragraph 1

2g. Article 12, paragraph 1 is amended as follows: ‘1. TWhere a non-governmental organisation or member of the public which made ~~the~~a request for internal review pursuant to Article 10 considers that a decision by the institution or body in response to that request is insufficient to ensure compliance with environmental law, that non-governmental organisation or member of the public may institute proceedings before the Court of Justice in accordance with ~~the relev~~Article 263 TFEU, to review the substantive antd pro~~visions of the Treaty.~~ cedural legality of that decision.’

Amendment 145 #

Martin HOJSÍK, Frédérique RIES, Pascal CANFIN, Nicolae ŞTEFĂNUȚĂ, María Soraya RODRÍGUEZ RAMOS, Véronique TRILLET-LENOIR, Sophia IN 'T VELD

Proposal for a regulation
Article 1 – paragraph 1 – point 2 g (new)

Regulation (EC) No 1367/2006
Article 12 – paragraph 1

2g. Article 12, paragraph 1 is amended as follows: ‘1. TWhere a non-governmental organisation ~~which made the request for internal review pursuant to Article 10~~or member of the public with sufficient environmental interest which made a request for internal review pursuant to Article 10 considers that a decision by the institution or body in response to that request is insufficient to ensure compliance with environmental law, that non-governmental organisation or member of the public may institute proceedings before the Court of Justice in accordance with ~~the relev~~Article 263 TFEU, to review the substantive antd pro~~visions of the Treaty.~~cedural legality of that decision.’

Amendment 146 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

Proposal for a regulation
Article 1 – paragraph 1 – point 2 h (new)

Regulation (EC) No 1367/2006
Article 12 – paragraph 2

2h. Article 12, paragraph 2 is amended as follows: ‘2. Where the ~~Community~~Union 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 T~~reaty.~~FEU.’

Amendment 147 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 h (new)

Regulation (EC) No 1367/2006:
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 T~~reaty.~~FEU.’

Amendment 148 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 h (new)

2h. Article 12, paragraph 2 is amended as follows: ‘2. Where the ~~Community~~Union institution or body fails to act in accordance with Article 10(2) or (3) the non-governmental organisation or other member of the public with sufficient environmental interest may institute proceedings before the Court of Justice in accordance with the relevant provisions of the T~~reaty.~~FEU.’

Amendment 149 #

Michal WIEZIK, Róża THUN UND HOHENSTEIN, Radan KANEV, Stanislav POLČÁK

Proposal for a regulation
Article 1 – paragraph 1 – point 2 h (new)

Regulation (EC) No 1367/2006
Article 12 – paragraph 2

Amendment 150 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

Proposal for a regulation
Article 1 – paragraph 1 – point 2 i (new)

Regulation (EC) No 1367/2006
Article 12 – paragraph 2 a (new)

2i. In Article 12, the following paragraph is inserted: ‘2a. Without prejudice to the Court’s prerogative to apportion costs, the Union institutions and bodies referred to in Article 10(1) must ensure that court proceedings initiated under this provision are not prohibitively expensive. They shall not request that applicants pay costs other than reasonable travel and subsistence expenses. In particular, Union institutions and bodies shall not request applicants to pay the remuneration or fees of agents, advisers or lawyers.’

Amendment 151 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 i (new)

Regulation (EC) No 1367/2006
Article 12 – paragraph 2 a (new)

2i. In Article 12, the following paragraph is inserted: ‘2a. Without prejudice to the Court’s prerogative to apportion costs, it must be ensured that court proceedings initiated under the provisions of paragraphs 1 and 2 of this Article are not prohibitively expensive.’

Amendment 152 #

Michal WIEZIK, Róża THUN UND HOHENSTEIN, Radan KANEV, Stanislav POLČÁK

Proposal for a regulation
Article 1 – paragraph 1 – point 2 i (new)

Regulation (EC) No 1367/2006
Article 12 – paragraph 2 a (new)

2i. In Article 12, the following paragraph is inserted: ‘2a. Without prejudice to the CJEU’s prerogative to apportion costs, the Union institutions and bodies referred to in Article 10(1) shall ensure that court proceedings initiated under this provision are not prohibitively expensive. They shall not request that applicants pay costs other than reasonable travel and subsistence expenses. In particular, Union institutions and bodies shall not request applicants to pay the remuneration or fees of agents, advisers or lawyers.’

Amendment 153 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 j (new)

Regulation (EC) No 1367/2006
Article 12 – paragraph 2 b (new)

2j. In Article 12, the following paragraph is inserted: ‘2b. 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 17 #

Martin HOJSÍK, Frédérique RIES, Nicolae ŞTEFĂNUȚĂ, María Soraya RODRÍGUEZ RAMOS, Sophia IN 'T VELD

Proposal for a regulation
Recital 2

(2) Regulation (EC) No 1367/2006 of the European Parliament and of the Council4 was adopted in order to contribute to the implementation of the obligations arising under the Aarhus Convention by laying down rules on its application to Union institutions and bodies. This Regulation therefore amends the Regulation (EC) No 1367/2006 in order to implement Article 9(3) and 9(4) of the Convention. __________________ 4 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 (OJ L 264, 25.9.2006, p. 13).

Amendment 18 #

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 right of citizens to have 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’ in which it affirms that “access to justice in environmental matters both via the Court of the Justice of the EU (CJEU) and the national courts as Union courts, is an important support measure to help deliver the European Green Deal transition and a way to strengthen the role which civil society can play as watchdog in the democratic space”.

Amendment 19 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

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’ in which it affirms that “access to justice in environmental matters, both via the Court of Justice of the EU (CJEU) and the national courts as Union courts, is an important support measure to help deliver the European Green Deal transition and a way to strengthen the role which civil society can play as watchdog in the democratic space”.

Amendment 20 #

Antoni COMÍN I OLIVERES

Proposal for a regulation
Recital 3

Amendment 21 #

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 specific concerns about the compatibility with environmental law of ~~decisions with~~administrative 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 22 #

Proposal for a regulation
Recital 3 a (new)

(3a) In order to ensure that the internal review procedures as well as the Court of Justice proceedings initiated under this Regulation are effective, the costs of such procedures and proceedings should be non-prohibitive. Member States should also take the measures necessary to provide effective legal standing to claimants in environmental matters, in particular by ensuring that costs are non- prohibitive.

Amendment 23 #

Martin HOJSÍK, Pascal CANFIN, Nicolae ŞTEFĂNUȚĂ, María Soraya RODRÍGUEZ RAMOS, Véronique TRILLET-LENOIR, Sophia IN 'T VELD

Proposal for a regulation
Recital 3 a (new)

(3a) Taking into account the climate and environmental emergency declared with the adoption of the European Parliament resolution of 28 November 2019 on the climate and environment emergency1a, the Union institutions and bodies should operate, within the limits of their competences, in such a manner as to enable full use to be made of Union law for environmental protection. __________________ 1aNot yet published in the Official Journal.

Amendment 24 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

Proposal for a regulation
Recital 3 a (new)

(3a) Taking into account the climate and environmental emergency declared with the adoption of the European Parliament resolution of 28 November 2019 on the climate and environment emergency1a, the Union's institutions and bodies should operate, within the limits of their competences, in such a manner as to enable full use to be made of Union law on environmental protection. __________________ 1aNot yet published in the Official Journal.

Amendment 25 #

Proposal for a regulation
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 26 #

Proposal for a regulation
Recital 3 b (new)

(3b) Article 9(3) and (4) of the Aarhus Convention provide 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 Union’s compliance with the requirements of those provisions, and as part of the Commission’s commitment to improving access to justice contained in the European Green Deal.

Amendment 27 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

Proposal for a regulation
Recital 3 b (new)

Amendment 28 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

Proposal for a regulation
Recital 4

(4) Taking into account the provisions of Article 9(3) and (4) of the Aarhus Convention~~, as well as concerns expressed by the Aarhus Convention Compliance Committee5~~, 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 with its system of judicial review. __________________ 5See findings of the Aarhus Convention Compliance Committee in case ACCC/C/2008/32 at https://www.unece.org/env/pp/compliance/ Compliancecommittee/32TableEC.html, the findings5 and the advice5a of the Aarhus Convention Compliance Committee, as the main body for the review of compliance with the Aarhus Convention5b, in a way that is compatible with the fundamental principles of Union law and with its system of judicial review. This Regulation therefore amends Regulation (EC) No 1367/2006 in order to fulfil the Union’s obligations under international law to implement Article 9(3) and (4) of the Aarhus Convention as regards the Union’s institutions and bodies. __________________ 5See findings of the Aarhus Convention Compliance Committee in case ACCC/C/2008/32 at https://www.unece.org/env/pp/compliance/ Compliancecommittee/32TableEC.html. 5aSee advice of the Aarhus Convention Compliance Committee ACCC/M/2017/3 available at https://unece.org/env/pp/cc/accc.m.2017.3 _european-union. 5bAt its first session (Lucca, October 2002) the Meeting of the Parties adopted decision I/7 on the review of compliance.

Amendment 29 #

Martin HOJSÍK, Nicolae ŞTEFĂNUȚĂ, María Soraya RODRÍGUEZ RAMOS, Sophia IN 'T VELD

Proposal for a regulation
Recital 4

(4) Taking into account the provisions of Article 9(3) and (4) of the Aarhus Convention~~, as well as concerns expressed by the Aarhus Convention Compliance Committee5~~ , 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 with its system of judicial review. __________________ 5See findings of the Aarhus Convention Compliance Committee in case ACCC/C/2008/32 at https://www.unece.org/env/pp/compliance/ Compliancecommittee/32TableEC.html, the findings5 and the advice5a of the Aarhus Convention Compliance Committee, as the main body for the review of compliance with the Aarhus Convention5b, in a way that is compatible with the fundamental principles of Union law and with its system of judicial review. This Regulation therefore amends Regulation (EC) No 1367/2006 in order to fulfil the Union’s obligations under international law to implement Article 9(3) and (4) of the Aarhus Convention as regards the Union’s institutions and bodies. __________________ 5See findings of the Aarhus Convention Compliance Committee in case ACCC/C/2008/32 at https://www.unece.org/env/pp/compliance/ Compliancecommittee/32TableEC.html. 5aSee advice of the Aarhus Convention Compliance Committee ACCC/M/2017/3 available at https://unece.org/env/pp/cc/accc.m.2017.3 _european-union. 5bAt its first session (Lucca, October 2002) the Meeting of the Parties adopted decision I/7 on the review of compliance.

Amendment 30 #

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 Committee5 ,~~ Union law should be brought into compliance with the provisions of the Aarhus Convention on access to justice in environmental matters and the recommendations and findings of the Aarhus Convention Compliance Committee, including in cases ACCC/C/2008/32 and ACCC/C/2015/128,5 in a way that is compatible with the fundamental principles of Union law and with its system of judicial review. __________________ 5 See findings of the Aarhus Convention Compliance Committee in cases ACCC/C/2008/32 at https://www.unece.org/env/pp/compliance/ Compliancecommittee/32TableEC.html and findings in cases ACCC/C/2015/128 at XXX [weblink to be added once the findings are adopted].

Amendment 31 #

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 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 32 #

Martin HOJSÍK, Frédérique RIES, Pascal CANFIN, Nicolae ŞTEFĂNUȚĂ, María Soraya RODRÍGUEZ RAMOS, Véronique TRILLET-LENOIR, Sophia IN 'T VELD

Proposal for a regulation
Recital 4 a (new)

(4a) Article 9(2) of the Aarhus Convention provides for access to judicial or other procedures for members of the public concerned (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 judicial review is necessary as part of the Union’s compliance with the requirements of those provisions, and as part of the Commission’s commitment to improve access to justice contained in the European Green Deal.

Amendment 33 #

Proposal for a regulation
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 34 #

Proposal for a regulation
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 35 #

Jens GIESEKE, Norbert LINS, Christine SCHNEIDER, Stefan BERGER, Pernille WEISS, Jessica POLFJÄRD, Dennis RADTKE

Proposal for a regulation
Recital 5

Amendment 36 #

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 mai~~may 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 to~~Where 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)

(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 38 #

Proposal for a regulation
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 39 #

Proposal for a regulation
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 40 #

Proposal for a regulation
Recital 6

Amendment 41 #

Michal WIEZIK, Róża THUN UND HOHENSTEIN, Radan KANEV

Proposal for a regulation
Recital 6

Amendment 42 #

Proposal for a regulation
Recital 6

Amendment 43 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

Proposal for a regulation
Recital 6

Amendment 44 #

Martin HOJSÍK, Pascal CANFIN, Nicolae ŞTEFĂNUȚĂ, Véronique TRILLET-LENOIR, Sophia IN 'T VELD

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 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 ~~Jus~~Article ~~of the European Union (CJEU) through a procedure for preliminary ruling under~~2(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 45 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

Proposal for a regulation
Recital 7

Amendment 46 #

Proposal for a regulation
Recital 7

Amendment 47 #

Michal WIEZIK, Róża THUN UND HOHENSTEIN, Radan KANEV

Proposal for a regulation
Recital 7

Amendment 48 #

Proposal for a regulation
Recital 7

Amendment 49 #

Martin HOJSÍK, Pascal CANFIN, Nicolae ŞTEFĂNUȚĂ, Véronique TRILLET-LENOIR, Sophia IN 'T VELD

Proposal for a regulation
Recital 7

Amendment 50 #

Martin HOJSÍK, Pascal CANFIN, Nicolae ŞTEFĂNUȚĂ, Véronique TRILLET-LENOIR, Sophia IN 'T VELD

Proposal for a regulation
Recital 8

Amendment 51 #

Michal WIEZIK, Róża THUN UND HOHENSTEIN, Radan KANEV

Proposal for a regulation
Recital 8

Amendment 52 #

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, 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 law~~has, in view of its stated objectives, direct and significant bearing on environmental law within the meaning of point (f) of Article 2(1).

Amendment 53 #

Andreas GLÜCK, Nils TORVALDS

Proposal for a regulation
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 54 #

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 direct 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 policies other than Union policy on the environment.

Amendment 55 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

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 policies other than Union policy on the environment.

Amendment 56 #

Proposal for a regulation
Recital 10

Amendment 57 #

Martin HOJSÍK, Frédérique RIES, Nicolae ŞTEFĂNUȚĂ, María Soraya RODRÍGUEZ RAMOS, Sophia IN 'T VELD

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~~is 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 result~~Where specific objectives relate to significant negative impacts, the internal review mechanism ~~should~~may, where appropriate, also cover acts ~~that have been~~ adopted in the implementation of policies other than Union policy on the environment.

Amendment 58 #

Nicolae ŞTEFĂNUȚĂ

Proposal for a regulation
Recital 10 a (new)

(10a) Any procedural deadlines for administrative and/or judicial control should apply only once the content of the contested administrative act relating to the major public interest protected by environmental law is actually known by the interested persons, especially in cases when the individual administrative act is obsolete. This is necessary in order to avoid practices that could go against Article 9 of the Aarhus Convention and the case law of the CJEU (see the judgment of the Court of 12 November 2019 in Case C-261/18, Commission v. Ireland1). __________________ 1 Judgment of the Court of Justice of 12 November 2019, C-261/18, Commission v. Ireland, ECLI:EU:C:2019:955.

Amendment 59 #

Nils TORVALDS

Proposal for a regulation
Recital 10 a (new)

(10a) An instrument for public participation in devising Union law is needed in view of the Aarhus Convention's ambiguity and narrow environmental scope. Therefore, the Commission should come forward with a proposal to remedy this.

Amendment 60 #

Proposal for a regulation
Recital 10 a (new)

(10a) According to the case law of the CJEU1a, state aid for activities that contravene rules of EU law on the environment cannot be declared compatible with the internal market. The definition of an administrative act in Article 2(2) for the purposes of Regulation (EC) No 1367/2006 should therefore also include measures by the European Commission under Articles 106 and 107 TFEU. __________________ 1aJudgement of the Court of Justice of 22 September 2020, Austria v. Commission, C-594/18 P, ECLI:EU:C:2020:742, paragraphs 42 to 44

Amendment 61 #

Michal WIEZIK, Róża THUN UND HOHENSTEIN, Radan KANEV, Stanislav POLČÁK

Proposal for a regulation
Recital 11 a (new)

(11a) As confirmed by the case law of the CJEU1a, state aid for activities that contravene rules of Union law on the environment cannot be declared compatible with the internal market. Measures taken by the Commission under Articles 106 and 107 TFEU should, therefore, be covered by the definition of an administrative act for the purposes of Regulation (EC) No 1367/2006. __________________ 1aJudgement of the Court of Justice of 22 September 2020, Austria v. Commission, C-594/18 P, ECLI:EU:C:2020:742, paragraphs 42 to 44.

Amendment 62 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

Proposal for a regulation
Recital 11 a (new)

(11a) As confirmed by the case law of the CJEU1a, state aid for activities that contravene rules of the Union law on the environment cannot be declared compatible with the internal market. Measures taken by the Commission under Articles 106 and 107 TFEU should, therefore, be covered by the definition of an administrative act for the purposes of Regulation (EC) No 1367/2006. __________________ 1aJudgement of the Court of Justice of 22 September 2020, Austria v. Commission, C-594/18 P, ECLI:EU:C:2020:742, paragraphs 42 to 44.

Amendment 63 #

Proposal for a regulation
Recital 11 a (new)

(11a) The Commission decides on compatibility of the State aid with the Union law, including in the field of environment. Therefore, measures taken by the European Commission under Articles 106 and 107 TFEU should be covered by the definition of an administrative act for the purposes of this Regulation.

Amendment 64 #

Proposal for a regulation
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 65 #

Proposal for a regulation
Recital 11 b (new)

(11b) The scope of review proceedings under Regulation (EC) No 1367/2006 should include both the substantive and procedural legality of the act challenged. According to the case law of the CJEU, proceedings under Article 263(4) TFEU and Article 12 of Regulation (EC) No 1367/2006 cannot be founded on grounds or on evidence not appearing in the request for review, since otherwise the purpose for the requirement, in Article 10(1) of Regulation (EC) No 1367/2006, relating to the statement of grounds of review for such a request, would be made redundant and the object of the procedure initiated by the request would be altered1a. __________________ 1aJudgement of the Court of Justice of 12 September 2019, TestbioTech eV and Others v Commission, C-82/17, ECLI:EU:C:2019:719, paragraph 39.

Amendment 66 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

Proposal for a regulation
Recital 11 b (new)

(11b) The scope of review proceedings under Regulation (EC) No 1367/2006 should include both the substantive and procedural legality of the act challenged. According to the case law of the CJEU, proceedings under Article 263(4) TFEU and Article 12 of Regulation (EC) No 1367/2006 cannot be founded on grounds or on evidence not appearing in the request for review, since otherwise the purpose for the requirement, in Article 10(1) of Regulation (EC) No 1367/2006, relating to the statement of grounds of review for such a request, would be made redundant and the object of the procedure initiated by the request would be altered1a. __________________ 1aJudgement of the Court of Justice of 12 September 2019, TestBio Tech eV and Others v Commission, C-82/17, ECLI:EU:C:2019:719, paragraph 39.

Amendment 67 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

Proposal for a regulation
Recital 11 c (new)

(11c) Article 9(4) of the Aarhus Convention requires that court proceedings under the scope of Article 9(3) of the Aarhus Convention are not to be prohibitively expensive. In order to ensure that judicial proceedings under Article 12 of Regulation (EC) 1367/2006 are not prohibitively expensive and that the amount of costs is foreseeable for the applicant, the Union's institutions or bodies should only make reasonable cost requests and should, in particular, not be permitted to seek to pass on the costs of external representation.

Amendment 68 #

Proposal for a regulation
Recital 11 c (new)

Amendment 69 #

Proposal for a regulation
Recital 11 d (new)

(11d) Given the key role of environmental NGOs in raising awareness and taking legal action, the Union's institutions or bodies should provide them with the appropriate financial support and ensure that they have full access to justice and information and can participate fully.

Amendment 70 #

Jens GIESEKE, Norbert LINS, Christine SCHNEIDER, Stefan BERGER, Pernille WEISS, Jessica POLFJÄRD, Dennis RADTKE

Proposal for a regulation
Recital 12 a (new)

(12a) National measures, such as those granting state aid, can be challenged before the national courts, as the authority competent to grant the aid is an institution or body of a Member State. Considering the delimitation of competences between the Union and its Member States, Commission decisions concerning state aid are limited to controlling compatibility with the internal market within the meaning of Article 107(3)(c) TFEU and are amenable to judicial review under Article 263 TFEU and under Article 267 TFEU.

Amendment 71 #

Esther DE LANGE

Proposal for a regulation
Recital 12 a (new)

(12a) This Regulation lays down the common provisions, scope and definitions on access to information, public participation in decision-making and access to justice in environmental matters at Union level. This is appropriate, contributes to providing legal certainty and increasing the transparency of the implementation measures taken with regard to the obligations arising under the Aarhus Convention.

Amendment 72 #

Proposal for a regulation
Recital 12 a (new)

(12a) The Commission takes note of the findings of the Aarhus Convention Compliance Committee that the case law of the CJEU regarding the interpretation of "direct and individual concern" presents an obstacle to full compliance with of the Aarhus Convention, and should be reviewed.1a __________________ 1aSee findings of the Aarhus Convention Compliance Committee in case ACCC/C/2008/32 at https://www.unece.org/env/pp/compliance /Compliancecommittee/32TableEC.html. See advice of the Aarhus Convention Compliance Committee ACCC/M/2017/3 available at https://unece.org/env/pp/cc/accc.m.2017.3 _european-union.

Amendment 73 #

Proposal for a regulation
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 #

Michal WIEZIK, Radan KANEV, Stanislav POLČÁK

Proposal for a regulation
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 75 #

Proposal for a regulation
Recital 13 a (new)

(13a) In order to ensure that judicial proceedings under Article 12 of Regulation (EC) 1367/2006 are not prohibitively expensive and that costs are foreseeable for the applicant, the EU institutions or bodies should only 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 76 #

Proposal for a regulation
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)

(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 78 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

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 principle of 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 79 #

Martin HOJSÍK, Frédérique RIES, Nicolae ŞTEFĂNUȚĂ, María Soraya RODRÍGUEZ RAMOS, Sophia IN 'T VELD

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 principle of 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 80 #

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 principle of 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, 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 81 #

Michal WIEZIK, Róża THUN UND HOHENSTEIN, Radan KANEV, Stanislav POLČÁK

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~~ly binding and external~~ effects and contains provisions that may~~, because of their effects,~~ 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 82 #

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, ~~because of their effects,~~ 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 83 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

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~~ly binding and external effect~~ effects vis-à-vis third parties and contains provisions that may~~, because of their effects,~~ 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 84 #

Martin HOJSÍK, Pascal CANFIN, Nicolae ŞTEFĂNUȚĂ, María Soraya RODRÍGUEZ RAMOS, Véronique TRILLET-LENOIR, Sophia IN 'T VELD

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1367/2006
Article 2 – paragraph 1 – point g

Amendment 85 #

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~~taken by a Union institution or body, which has legal~~ly 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 86 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1367/2006
Article 1 – paragraph 1 – point g

(g) ‘administrative act’ means any non- legislative act adopted by a Union institution or body, which has or is intended to produce legally binding and external effects and contains provisions that may, because of their effects, 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 87 #

Jens GIESEKE, Pernille WEISS, Norbert LINS, Christine SCHNEIDER, Stefan BERGER, Jessica POLFJÄRD, Dennis RADTKE

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 of individual scope adopted by a Union institution or body, which has legally binding and external effects and contains provisions that may, because of their effects, 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 88 #

Antoni COMÍN I OLIVERES

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, because of their effects, 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 89 #

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, because of their effects, contravene~~has, 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 90 #

Andreas GLÜCK, Nils TORVALDS

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 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 91 #

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, because of their eff~~directs,ly 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 92 #

Michal WIEZIK, Róża THUN UND HOHENSTEIN, Radan KANEV, Stanislav POLČÁK

Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)

Regulation (EC) No 1367/2006
Article 2 – paragraph 2 – introductory phrase

1a. Article 2, paragraph 2, introductory phrase is amended as follows: ‘2. Administrative acts and administrative omissions shall not include measures taken or omissions by a Community institution or body ~~in its capacity as an administrative review body, such as~~ under:’

Amendment 93 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)

Regulation (EC) No 1367/2006
Article 2 – paragraph 2 – introductory phrase

1a. Article 2, paragraph 2, introductory phrase is amended as follows: ‘2. Administrative acts and administrative omissions shall not include measures taken or omissions by a ~~Community~~Union institution or body ~~in its capacity as an administrative review body, such as~~ under:’

Amendment 94 #

Martin HOJSÍK, Frédérique RIES, Nicolae ŞTEFĂNUȚĂ, María Soraya RODRÍGUEZ RAMOS, Sophia IN 'T VELD

Proposal for a regulation
Article 1 – paragraph 1– point 1 a (new)

Regulation (EC) No 1367/2006
Article 2 – paragraph 2 – introductory phrase

Amendment 95 #

Proposal for a regulation
Article 1 – paragraph 1– point 1 a (new)

Regulation (EC) No 1367/2006
Article 2 – paragraph 2 – introductory phrase

1a. Article 2, paragraph 2, introductory phrase is amended as follows: ‘2. Administrative acts and administrative omissions shall not include measures taken or omissions by a Community institution or body in its capacity as an administrative review body~~, such as~~ under:’

Amendment 96 #

Michal WIEZIK, Róża THUN UND HOHENSTEIN, Radan KANEV, Stanislav POLČÁK

Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)

Regulation (EC) No 1367/2006
Article 2 – paragraph 2 – point a

1b. Article 2, paragraph 2, point a is amended as follows: ‘(a) Articles ~~81, 82, 86~~101 and 87102 of the Treaty (competition rules);’

Amendment 97 #

Milan BRGLEZ, Manuel PIZARRO, Maria ARENA, César LUENA, Javi LÓPEZ, Sándor RÓNAI

Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)

Regulation (EC) No 1367/2006
Article 2 – paragraph 2 – point a

~~(a)~~1b. Article~~s 81, 82, 86 and 87 of the Treaty~~ 2, paragraph 2, point a is amended as follows: ‘(a) Articles 101 and 102 TFEU (competition rules);’

Amendment 98 #