AM_Com_LegReport · Web view(2)Regulation (EC) No 1367/2006 of the European Parliament and of the...

European Parliament2019-2024

Committee on the Environment, Public Health and Food Safety

2020/0289(COD)

11.3.2021

AMENDMENTS17 - 153Draft reportChristian Doleschal(PE662.051v01-00)

Proposal for a regulation of the European Parliament and of the Council Amending 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

Proposal for a regulation(COM(2020)0642 – C9-0321/2020 – 2020/0289(COD))

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Amendment 17Martin Hojsík, Frédérique Ries, Nicolae Ştefănuță, María Soraya Rodríguez Ramos, Sophia in 't VeldProposal for a regulationRecital 2

Text proposed by the Commission Amendment

(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.

(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).

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).

Or. en

Justification

See paragraph 23 (b)(i) of the Advice by the Aarhus Convention Compliance Committee to the European Union concerning the implementation of request ACCC/M/2017/3, at https://unece.org/sites/default/files/2021-02/M3_EU_advice_12.02.2021.pdf

Amendment 18Marie Toussainton behalf of the Greens/EFA GroupMilan Brglez, Mick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationRecital 3

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(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’.

(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 the 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”.

Or. en

Amendment 19Milan Brglez, Manuel Pizarro, Maria Arena, César Luena, Javi López, Sándor RónaiProposal for a regulationRecital 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

(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

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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’.

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”.

Or. en

Amendment 20Antoni Comín i OliveresProposal for a regulationRecital 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

(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

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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’.

potential 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’.

Or. es

Justification

Some decisions affecting the environment do not have clear effects, but rather potential effects. Therefore, to ensure that such decisions can be scrutinised in all cases, the text should clearly include these suppositions.

Amendment 21Anna ZalewskaProposal for a regulationRecital 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’.

(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 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

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Member States’.

Or. pl

Amendment 22Stanislav PolčákProposal for a regulationRecital 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.

Or. en

Amendment 23Marie Toussainton behalf of the Greens/EFA GroupMilan Brglez, Mick Wallace, Clare Daly, Anja Hazekamp, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationRecital 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.

__________________1a Not yet published in the Official

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Journal.

Or. en

Amendment 24Milan Brglez, Manuel Pizarro, Maria Arena, César Luena, Javi López, Sándor RónaiProposal for a regulationRecital 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.

__________________1a Not yet published in the Official Journal.

Or. en

Amendment 25Martin Hojsík, Pascal Canfin, Nicolae Ştefănuță, María Soraya Rodríguez Ramos, Véronique Trillet-Lenoir, Sophia in 't VeldProposal for a regulationRecital 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.

Or. en

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Amendment 26Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Clare Daly, Anja Hazekamp, Manuel Bompard, Silvia ModigProposal for a regulationRecital 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.

Or. en

Amendment 27Milan Brglez, Manuel Pizarro, Maria Arena, César Luena, Javi López, Sándor RónaiProposal for a regulationRecital 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

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access to justice contained in the European Green Deal.

Or. en

Justification

New supporting Recital related to amendment to Article 11 on standing for individuals.



(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 in a way that is compatible with the fundamental principles of Union law and with its system of judicial review.

(4) Taking into account the provisions of Article 9(3) and (4) of the Aarhus Convention, Union law should be brought into compliance with the provisions of the Aarhus Convention on access to justice in environmental matters, 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.

__________________ __________________5 See findings of the Aarhus Convention Compliance Committee in case ACCC/C/2008/32 at https://www.unece.org/env/pp/compliance/Compliancecommittee/32TableEC.html.

5 See findings of the Aarhus Convention Compliance Committee in case ACCC/C/2008/32 at https://www.unece.org/env/pp/compliance/Compliancecommittee/32TableEC.html.5a 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.5b At its first session (Lucca, October

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2002) the Meeting of the Parties adopted decision I/7 on the review of compliance.

Or. en

Justification

Adding reference to the Aarhus Convention Compliance Committee's most recent advice to the EU as well as stating its official authority for interpretation of the Aarhus Convention. Last part of the new Recital underlines the relation (and hierarchy) between the two (international and EU) legal orders.

Amendment 29Marie Toussainton behalf of the Greens/EFA GroupMilan Brglez, Mick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationRecital 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 in a way that is compatible with the fundamental principles of Union law and with its system of judicial review.

(4) Taking into account the provisions of Article 9(3) and (4) of the Aarhus Convention, Union law should be brought into compliance with the provisions of the Aarhus Convention on access to justice in environmental matters, 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.


5 See findings of the Aarhus Convention Compliance Committee in case ACCC/C/2008/32 at https://www.unece.org/env/pp/compliance/Compliancecommittee/32TableEC.html.

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5a 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.5b At its first session (Lucca, October 2002) the Meeting of the Parties adopted decision I/7 on the review of compliance.

Or. en

Amendment 30Martin Hojsík, Nicolae Ştefănuță, María Soraya Rodríguez Ramos, Sophia in 't VeldProposal for a regulationRecital 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 in a way that is compatible with the fundamental principles of Union law and with its system of judicial review.

(4) Taking into account the provisions of Article 9(3) of the Aarhus Convention, 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].

Or. en

Amendment 31Anna Zalewska

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Proposal for a regulationRecital 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 with its system of judicial review.

(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.


62 See findings of the Aarhus Convention Compliance Committee in case ACCC/C/2008/32 at https://www.unece.org/env/pp/compliance/Compliancecommittee/32TableEC.html.

Or. pl

Amendment 32Sirpa PietikäinenProposal for a regulationRecital 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

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European Green Deal.

Or. en

Justification

The right to challenge substantive or procedural legality of decisions, acts or omissions is provided in Article 9(2) of the Aarhus Convention to members of the public concerned (a) having a sufficient interest or, alternatively, (b) maintaining impairment of a right, where the administrative procedural law of a Party requires this as a precondition.

Amendment 33Martin Hojsík, Frédérique Ries, Pascal Canfin, Nicolae Ştefănuță, María Soraya Rodríguez Ramos, Véronique Trillet-Lenoir, Sophia in 't VeldProposal for a regulationRecital 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.

Or. en

Amendment 34Anna ZalewskaProposal for a regulationRecital 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

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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.

Or. pl

Amendment 35Jens Gieseke, Norbert Lins, Christine Schneider, Stefan Berger, Pernille Weiss, Jessica Polfjärd, Dennis RadtkeProposal for a regulationRecital 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.

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Or. en



(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

(5) The limitation of the internal review provided for in Regulation (EC) No 1367/2006 to administrative acts of individual scope 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

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necessary to broaden the scope of the internal review procedure laid down in that Regulation to include non-legislative acts of a general scope.

wider scope. 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.

Or. pl



(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;

Or. pl

Amendment 38Alexander BernhuberProposal for a regulationRecital 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.

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Or. de

Amendment 39Anna ZalewskaProposal for a regulationRecital 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;

Or. pl

Amendment 40Stanislav PolčákProposal for a regulationRecital 6


(6) The definition of an administrative act for the purposes of Regulation (EC) No 1367/2006 should include non-legislative acts. However, a non legislative act might entail implementing measures at national level against which environmental non-governmental organisations can obtain judicial protection, including before the Court of Justice of the European Union (CJEU) through a procedure for preliminary ruling under Article 267 TFEU. Therefore, it is appropriate to exclude from the scope of the internal review those provisions of such non-legislative acts for which Union law requires implementing measures at national level.

deleted

Or. en

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Amendment 41Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Milan Brglez, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Sirpa PietikäinenProposal for a regulationRecital 6



(6) The definition of an administrative act for the purposes of Regulation (EC) No 1367/2006 should include non-legislative acts.

Or. en

Amendment 42Michal Wiezik, Róża Thun und Hohenstein, Radan KanevProposal for a regulationRecital 6


(6) The definition of an administrative act for the purposes of Regulation (EC) No 1367/2006 should include non-legislative acts. However, a non legislative act might entail implementing measures at national level against which environmental non-governmental organisations can obtain judicial protection, including before the Court of Justice of the European Union (CJEU) through a procedure for preliminary ruling under Article 267 TFEU. Therefore, it is appropriate to


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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.

Or. en

Justification

In the context of the study that the Commission commissioned (https://ec.europa.eu/environment/aarhus/pdf/Final_study_EU_implemention_environmental_matters_2019.pdf) for the purpose of amending the Aarhus Regulation it was found out that ''the data gathered in the context of the study are inconclusive as to the number of legal bases which will necessarily result in national implementing acts.'' If the Commission DGs are not sure about how many and which ones would result in IA, it is not clear how is this supposed to ensure the legal certainty for anybody.





Or. en

Justification

The aim of the deletion is to avoid reference to "implementing measures at national level", which in this case limit the categories of acts that can be eligible for administrative review.

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See further explanation in justification to amendment to Article 2, paragraph 1, point g.

Amendment 44Martin Hojsík, Pascal Canfin, Nicolae Ştefănuță, Véronique Trillet-Lenoir, Sophia in 't VeldProposal for a regulationRecital 6



(6) The definition of an administrative act for the purposes of Regulation (EC) No 1367/2006 should include non-legislative acts. For 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 Article 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 263 TFEU, it is reasonable to interpret the former in accordance with the latter.

Or. en

Justification

See also the judgement of the Court of Justice of 27 January 2021 in Case T-9/19.



(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.

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Or. en

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Justification

The aim of the deletion is to avoid reference to "implementing acts", which in this case limit the categories of acts that can be eligible for administrative review. See further explanation in amendment to Article 2 – paragraph 1 – point g.

Amendment 46Stanislav PolčákProposal for a regulationRecital 7



deleted

Or. en

Amendment 47Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Milan Brglez, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Sirpa PietikäinenProposal for a regulationRecital 7



deleted

Or. en



(7) In the interest of legal certainty, in deleted

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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.

Or. en

Justification

In the context of the study that the Commission commissioned (https://ec.europa.eu/environment/aarhus/pdf/Final_study_EU_implemention_environmental_matters_2019.pdf) for the purpose of amending the Aarhus Regulation it was found out that ''the data gathered in the context of the study are inconclusive as to the number of legal bases which will necessarily result in national implementing acts.'' If the Commission DGs are not sure about how many and which ones would result in IA, it is not clear how is this supposed to ensure the legal certainty for anybody.




deleted

Or. en



(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-

deleted

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level implementing measure is requested.

Or. en



(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 requested.

deleted

Or. en

Amendment 52Alexander BernhuberProposal for a regulationRecital 9


(9) The scope of Regulation (EC) No 1367/2006 covers acts adopted under environmental law. By contrast, Article 9(3) of the Aarhus Convention covers challenges to acts that ‘contravene’ law relating to the environment. Thus, it is necessary to clarify that internal review should be carried out in order to verify whether an administrative act contravenes environmental law.

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

Or. de

Amendment 53Anna Zalewska

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Proposal for a regulationRecital 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;

Or. pl

Amendment 54Andreas Glück, Nils TorvaldsProposal for a regulationRecital 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.

(10) When assessing whether an administrative act contains provisions which contravene environmental law, it is necessary to consider whether such provisions have a 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.

Or. en

Justification

The author suggests using more restrictive wording to fulfil the requirements of the Convention without undermining legal certainty for third parties, public and private, more than necessary.


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(10) When assessing whether an administrative act contains provisions which may 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.

Or. en

Justification

It is the provisions as such that may contravene environmental law that are a point of concern, not their effects. Therefore, "because of their effects" should be deleted.

Amendment 56Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Milan Brglez, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationRecital 10



(10) When assessing whether an administrative act contains provisions which may 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.

Or. en

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(10) When assessing whether an administrative act 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. Where specific objectives relate to significant negative impacts, the internal review mechanism may, where appropriate, also cover acts adopted in the implementation of policies other than Union policy on the environment.

Or. pl

Amendment 58Nicolae ŞtefănuțăProposal for a regulationRecital 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).

__________________

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1 Judgment of the Court of Justice of 12 November 2019, C-261/18, Commission v. Ireland, ECLI:EU:C:2019:955.

Or. en

Amendment 59Nils TorvaldsProposal for a regulationRecital 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.

Or. en

Amendment 60Martin Hojsík, Frédérique Ries, Nicolae Ştefănuță, María Soraya Rodríguez Ramos, Sophia in 't VeldProposal for a regulationRecital 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.

__________________1a Judgement 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

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Or. en

Amendment 61Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Milan Brglez, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationRecital 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.

__________________1a Judgement 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.

Or. en

Amendment 62Milan Brglez, Manuel Pizarro, Maria Arena, César Luena, Javi López, Sándor RónaiProposal for a regulationRecital 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.

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__________________1a Judgement 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.

Or. en

Justification

New Recital supporting amendment to Article 2, paragraph 2, which aims at enabling State Aid decisions by the Commission to be eligible for administrative review.

Amendment 63Michal Wiezik, Róża Thun und Hohenstein, Radan Kanev, Stanislav PolčákProposal for a regulationRecital 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.

Or. en



(11a) Notes that the costs and administrative burden associated with resolving more review requests under the Aarhus Convention may increase significantly;

Or. pl

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Amendment 65Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Sirpa PietikäinenProposal for a regulationRecital 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.

__________________1a Judgement 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.

Or. en

Amendment 66Milan Brglez, Manuel Pizarro, Maria Arena, César Luena, Javi López, Sándor RónaiProposal for a regulationRecital 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

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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.

__________________1a Judgement 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.

Or. en

Justification

New Recital supporting Article 12 in terms of ensuring effective remedies.

Amendment 67Milan Brglez, Manuel Pizarro, Maria Arena, César Luena, Javi López, Sándor RónaiProposal for a regulationRecital 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.

Or. en

Justification

New Recital supporting Article 12 on avoidance of prohibitively expensive costs of

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proceedings for the NGOs.

Amendment 68Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Sirpa Pietikäinen, Petros KokkalisProposal for a regulationRecital 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.

Or. en

Amendment 69Marie Toussainton behalf of the Greens/EFA GroupManuel Bompard, Sirpa PietikäinenProposal for a regulationRecital 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.

Or. en

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Amendment 70Jens Gieseke, Norbert Lins, Christine Schneider, Stefan Berger, Pernille Weiss, Jessica Polfjärd, Dennis RadtkeProposal for a regulationRecital 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.

Or. en

Justification

In light of the Treaties and the division of competences set out therein between the Union and its Member States in the design of state aid schemes, the Union’s control of state aid is limited to protecting the internal market against distortions of competition that may arise from national decisions (at national, regional or local level) to grant state aid for implementing national policy choices and these decisions taken at national level are challengeable before the national courts.

Amendment 71Esther de LangeProposal for a regulationRecital 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

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implementation measures taken with regard to the obligations arising under the Aarhus Convention.

Or. en

Amendment 72Marie Toussainton behalf of the Greens/EFA GroupManuel Bompard, Sirpa PietikäinenProposal for a regulationRecital 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

__________________1a See 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.

Or. en



(12a) When considering a request for internal review, the Union institution or body should hear all stakeholders before taking a decision, including any

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companies or public authorities directly affected by the request in question;

Or.



(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;

Or. pl

Amendment 75Michal Wiezik, Radan Kanev, Stanislav PolčákProposal for a regulationRecital 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.

Or. en

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Justification

Article 9(4) Aarhus Convention requires that court proceedings under the scope of Art.9(3) Aarhus Convention shall not be prohibitively expensive, and as this revision seeks alignment with the Convention, this provision is inserted as a recital as well as an article.



(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;

Or. pl



(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;

Or. pl

Amendment 78Milan Brglez, Manuel Pizarro, Maria Arena, César Luena, Javi López, Sándor Rónai

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Proposal for a regulationRecital 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 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).

(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).

Or. en

Amendment 79Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationRecital 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 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

(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

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European Union (TEU). thereby contributes to the rule of law, enshrined in Article 2 of the Treaty on European Union (TEU).

Or. en

Amendment 80Martin Hojsík, Frédérique Ries, Nicolae Ştefănuță, María Soraya Rodríguez Ramos, Sophia in 't VeldProposal for a regulationRecital 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 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).

(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).

Or. en

Amendment 81Michal Wiezik, Róża Thun und Hohenstein, Radan Kanev, Stanislav PolčákProposal for a regulationArticle 1 – paragraph 1 – point 1Regulation (EC) No 1367/2006Article 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

(g) 'administrative act’ means any non-legislative act adopted by a Union institution or body, which has legal effects and contains provisions that may contravene environmental law within the meaning of point(f) of Article 2(1);

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2(1), excepting those provisions of this act for which Union law explicitly requires implementing measures at Union or national level;

Or. en

Justification

This amendment ensures that all acts that have legal effects capable of contravening environmental law are covered. the ACCC in its recommendations to the EU proposes (https://unece.org/sites/default/files/2021-02/M3_EU_advice_12.02.2021.pdf) that ''the Party concerned should remove the word “binding” from the proposed amendment''...as the Commission is seeking alignment with the Aarhus Convention, the presence of the word biding is not understandable, and the word should be eliminated.

Amendment 82Rovana PlumbProposal for a regulationArticle 1 – paragraph 1 – point 1Regulation (EC) No 1367/2006Article 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;

(g) ‘administrative act’ means any non-legislative act adopted by a Union institution or body, which has binding and external effects and contains provisions that may, contravene environmental law within the meaning of point (f) of Article 2(1);

Or. en

Justification

A definition should be simple and easy to understand. Also, it should set a general rule. Any exceptions to it should be clarified in article 10.

Amendment 83Milan Brglez, Manuel Pizarro, Maria Arena, César Luena, Javi López, Sándor RónaiProposal for a regulationArticle 1 – paragraph 1 – point 1

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



(g) ‘administrative act’ means any non-legislative act adopted by a Union institution or body, which has legal effects vis-à-vis third parties and contains provisions that may contravene environmental law within the meaning of point (f) of Article 2(1);

Or. en

Justification

The amendment ensures that all acts that have legal effects capable of contravening environmental law are covered. The reference to “legally binding and external effects” has led to unjustified refusals of internal review requests in the past. With deletion of wording related to “implementing measures”, no new restrictions to NGOs' standing are included. There is a false assumption that NGOs can challenge EU acts that require national implementing measures by going through national courts and the preliminary reference procedure, while legal and practical limitations abound.

Amendment 84Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Milan Brglez, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 1Regulation (EC) No 1367/2006Article 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

(g) ‘administrative act’ means any non-legislative act adopted by a Union institution or body, which has legal effects vis-à-vis third parties and contains provisions that may contravene environmental law within the meaning of point (f) of Article 2(1);

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for which Union law explicitly requires implementing measures at Union or national level;

Or. en

Amendment 85Martin Hojsík, Pascal Canfin, Nicolae Ştefănuță, María Soraya Rodríguez Ramos, Véronique Trillet-Lenoir, Sophia in 't VeldProposal for a regulationArticle 1 – paragraph 1 – point 1Regulation (EC) No 1367/2006Article 2 – paragraph 1 – point g



(g) ‘administrative act’ means any non-legislative act taken by a Union institution or body, which has legal 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);

Or. en

Amendment 86Stanislav PolčákProposal for a regulationArticle 1 – paragraph 1 – point 1Regulation (EC) No 1367/2006Article 1 – 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

(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);

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national level;

Or. en

Amendment 87Jens Gieseke, Pernille Weiss, Norbert Lins, Christine Schneider, Stefan Berger, Jessica Polfjärd, Dennis RadtkeProposal for a regulationArticle 1 – paragraph 1 – point 1Regulation (EC) No 1367/2006Article 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;

Or. en

Amendment 88Antoni Comín i OliveresProposal for a regulationArticle 1 – paragraph 1 – point 1Regulation (EC) No 1367/2006Article 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;’

(g) ‘administrative act’ means any non-legislative act adopted by a Union institution or body, which 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;’

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Or. es

Justification

Non-binding administrative acts may provide strategic guidelines for the Union's environmental policy and may therefore potentially harm the environment; it is therefore essential to ensure that citizens may call for them to be reviewed. Furthermore, stating that administrative acts may have ‘external effects’ could give rise to legal uncertainty.

Amendment 89Alexander BernhuberProposal for a regulationArticle 1 – paragraph 1 – point 1Regulation (EC) No 1367/2006Article 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;’

(g) ‘administrative act’ means any non-legislative act adopted by a Union institution or body, which has legally binding and external effects and 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;

Or. de

Amendment 90Anna ZalewskaProposal for a regulationArticle 1 – paragraph 1 – point 1Regulation (EC) No 1367/2006Article 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

(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 are highly likely,

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for which Union law explicitly requires implementing measures at Union or national level;’

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;’

Or. pl

Justification

A change to the original – ‘“administrative act” means any measure of individual scope under environmental law, taken by a Community institution or body, and having legally binding and external effects;’ – must be carefully formulated so as not to create any possibility of infringement of the Treaties in practice.

Amendment 91Andreas Glück, Nils TorvaldsProposal for a regulationArticle 1 – paragraph 1 – point 1Regulation (EC) No 1367/2006Article 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 directly 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;

Or. en

Justification

The author suggests using a narrower wording to fulfil the requirements of the Convention without undermining legal certainty for third parties, public and private, more than necessary.

Amendment 92Michal Wiezik, Róża Thun und Hohenstein, Radan Kanev, Stanislav Polčák

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Proposal for a regulationArticle 1 – paragraph 1 – point 1 a (new)Regulation (EC) No 1367/2006Article 2 – paragraph 2 – introductory phrase

Present text Amendment

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:

‘2. Administrative acts and administrative omissions shall not include measures taken or omissions by a Community institution or body under:’

Or. en

Amendment 93Milan Brglez, Manuel Pizarro, Maria Arena, César Luena, Javi López, Sándor RónaiProposal for a regulationArticle 1 – paragraph 1 – point 1 a (new)Regulation (EC) No 1367/2006Article 2 – paragraph 2 – introductory phrase




‘2. Administrative acts and administrative omissions shall not include measures taken or omissions by a Union institution or body under:’

Or. en

Justification

The amendment deletes the explicit exclusion of state aid decisions from internal review and it ensures that the list of exclusions is exhaustive.

Amendment 94Marie Toussainton behalf of the Greens/EFA Group

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Mick Wallace, Milan Brglez, Anja Hazekamp, Clare Daly, Manuel Bompard, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1– point 1 a (new)Regulation (EC) No 1367/2006Article 2 – paragraph 2 – introductory phrase




‘2. Administrative acts and administrative omissions shall not include measures taken or omissions by a Union institution or body under:’

Or. en

Amendment 95Martin Hojsík, Frédérique Ries, Nicolae Ştefănuță, María Soraya Rodríguez Ramos, Sophia in 't VeldProposal for a regulationArticle 1 – paragraph 1– point 1 a (new)Regulation (EC) No 1367/2006Article 2 – paragraph 2 – introductory phrase




‘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 under:’

Or. en

Justification

The amendment deletes the explicit exclusion of state aid decisions from internal review (paragraph a) and makes the list exhaustive in order to facilitate compliance with article 9(3) of Aarhus Convention in view of the ACCC findings, recommendations and concerns in case

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ACCC/C/2008/32 and ACCC/C/2015/128.

Amendment 96Michal Wiezik, Róża Thun und Hohenstein, Radan Kanev, Stanislav PolčákProposal for a regulationArticle 1 – paragraph 1 – point 1 b (new)Regulation (EC) No 1367/2006Article 2 – paragraph 2 – point a


1b. Article 2, paragraph 2, point a is amended as follows:

(a) Articles 81, 82, 86 and 87 of the Treaty (competition rules);

‘(a) Articles 101 and 102 of the Treaty (competition rules);’

Or. en

Justification

Updating the numbers of the Articles referred to, and making that state aid decisions (Art 106 and 107 TFEU) be subject to this Regulation

Amendment 97Milan Brglez, Manuel Pizarro, Maria Arena, César Luena, Javi López, Sándor RónaiProposal for a regulationArticle 1 – paragraph 1 – point 1 b (new)Regulation (EC) No 1367/2006Article 2 – paragraph 2 – point a




‘(a) Articles 101 and 102 TFEU (competition rules);’

Or. en

Justification

The amendment deletes the explicit exclusion of state aid decisions from internal review and it ensures that the list of exclusions is exhaustive.

Amendment 98Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Milan Brglez, Anja Hazekamp, Clare Daly, Manuel Bompard, Petros

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Kokkalis, Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 1 b (new)Regulation (EC) No 1367/2006Article 2 – paragraph 2 – point a




‘(a) Articles 101 and 102 TFEU (competition rules);’

Or. en

Amendment 99Martin Hojsík, Frédérique Ries, Nicolae Ştefănuță, María Soraya Rodríguez Ramos, Sophia in 't VeldProposal for a regulationArticle 1 – paragraph 1 – point 1 b (new)Regulation (EC) No 1367/2006Article 2 – paragraph 2 – point a




‘(a) Articles 81 and 82 of the Treaty (competition rules);’

Or. en

Justification

The amendment deletes the explicit exclusion of state aid decisions from internal review (paragraph a) and makes the list exhaustive in order to facilitate compliance with article 9(3) of Aarhus Convention in view of the ACCC findings, recommendations and concerns in case ACCC/C/2008/32 and ACCC/C/2015/128.

Amendment 100Michal Wiezik, Róża Thun und Hohenstein, Radan Kanev, Stanislav PolčákProposal for a regulationArticle 1 – paragraph 1 – point 1 c (new)Regulation (EC) No 1367/2006Article 2 – paragraph 2 – point b

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1c. Article 2, paragraph 2, point b is amended as follows:

(b) Articles 226 and 228 of the Treaty (infringement proceedings);

‘(b) Articles 258, 259 and 260 of the Treaty (infringement proceedings);’

Or. en

Amendment 101Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 1 d (new)Regulation (EC) No 1367/2006Article 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 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.

‘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.’

Or. en

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Amendment 102Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 1 e (new)Regulation (EC) No 1367/2006Article 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:

‘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 following shall be included in the databases or registers as early as possible:’

Or. en

Amendment 103Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 1 f (new)Regulation (EC) No 1367/2006Article 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 on the environment or relating to it, and of policies, plans and programmes relating to the environment;

‘(a) texts of international treaties, conventions or agreements 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

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programmes relating to the environment;’

Or. en

Amendment 104Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 1 gRegulation (EC) No 1367/2006Article 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;’

Or. en

Amendment 105Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 1 hRegulation (EC) No 1367/2006Article 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;’

Or. en

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Amendment 106Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 1 iRegulation (EC) No 1367/2006Article 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 institutions or bodies;

‘(b) progress reports on the implementation of the items referred to under (a) where prepared or held in electronic form by Union institutions or bodies, including finalised reports relating to audits and inspections carried out by Union institutions and bodies in the Member States;’

Or. en

Amendment 107Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 1 jRegulation (EC) No 1367/2006Article 4 – paragraph 2 – point c


1j Article 4, paragraph 2, point c is amended as follows:

(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;

‘(c) steps taken and documents exchanged in proceedings for infringements of Union law from the stage of the letter of formal notice pursuant to Article 258(1) of the Treaty;’

Or. en

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Amendment 108Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 1 k (new)Regulation (EC) No 1367/2006Article 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, or a reference to the place where such information can be requested or accessed;

‘(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;’

Or. en

Amendment 109Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 1 lRegulation (EC) No 1367/2006Article 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.’

Or. en

Amendment 110Marie Toussaint

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on behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 1 mRegulation (EC) No 1367/2006Article 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.

__________________1a Regulation (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.’

Or. en

Justification

Inserting new paragraph 2a to Article 6 of existing regulation.

Amendment 111Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia ModigProposal for a regulationArticle 1 – paragraph 1 – point 1 n (new)Regulation (EC) No 1367/2006Article 6 – paragraph 2 b (new)

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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."

__________________1a Regulation (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.’

Or. en

Justification

Inserting new paragraph 2b to Article 6 of existing regulation.

Amendment 112Alexander BernhuberProposal for a regulationArticle 1 – paragraph 1 – point 2 – point aRegulation (EC) No 1367/2006Article 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.

(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 has, in view of its stated objectives, direct and significant bearing

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– or such an omission has direct and significant bearing – on environmental law within the meaning of point (f) of Article 2(1).

Or. de

Amendment 113Rovana PlumbProposal for a regulationArticle 1 – paragraph 1 – point 2 – point aRegulation (EC) No 1367/2006Article 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 environmental law.

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 the administrative act or administrative omission may have a negative effect on the achievement of the objectives of the environmental law.

Or. en

Justification

Is important that it is stated clearly that any administrative act that contravenes EU environmental law may be subject to review.

Amendment 114Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 2 – point aRegulation (EC) No 1367/2006Article 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

Any non-governmental organisation 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

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case of an alleged administrative omission, should have adopted such an act, on the grounds that such an act or omission contravenes environmental law.

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.

Or. en

Amendment 115Andreas Glück, Nils TorvaldsProposal for a regulationArticle 1 – paragraph 1 – point 2 – point aRegulation (EC) No 1367/2006Article 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).

Or. en

Justification

The author suggests using a narrower wording to fulfil the requirements of the Convention without undermining legal certainty for third parties, public and private, more than necessary.

Amendment 116Martin Hojsík, Frédérique Ries, Pascal Canfin, Nicolae Ştefănuță, María Soraya Rodríguez Ramos, Véronique Trillet-Lenoir, Sophia in 't VeldProposal for a regulationArticle 1 – paragraph 1 – point 2 – point aRegulation (EC) No 1367/2006Article 10 – paragraph 1 – subparagraph 1


Any non-governmental organisation which Any non-governmental organisation or

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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.

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.

Or. en

Amendment 117Milan Brglez, Manuel Pizarro, Maria Arena, César Luena, Javi López, Sándor RónaiProposal for a regulationArticle 1 – paragraph 1 – point 2 – point aRegulation (EC) No 1367/2006Article 10 – paragraph 1 – subparagraph 1



Any non-governmental organisation 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.

Or. en

Amendment 118Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros KokkalisProposal for a regulationArticle 1 – paragraph 1 – point 2 – point aRegulation (EC) No 1367/2006Article 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

Any non-governmental organisation or other member of the public that meets the criteria set out in Article 11 is entitled to

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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.

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.

Or. en

Amendment 119Anna ZalewskaProposal for a regulationArticle 1 – paragraph 1 – point 2 – point aRegulation (EC) No 1367/2006Article 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.

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, because of the objectives set out therein, is directly aimed at exerting influence on or, in the case of omission, may flagrantly and significantly contravene environmental law, within the meaning of Article 2(1)(f).

Or. pl

Amendment 120Rovana PlumbProposal for a regulationArticle 1 – paragraph 1 – point 2 – point aRegulation (EC) No 1367/2006Article 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

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object of a request for internal review;

Or. en

Justification

Linked to the modification of the definition of an administrative act.

Amendment 121Anna ZalewskaProposal for a regulationArticle 1 – paragraph 1 – point 2 – point aRegulation (EC) No 1367/2006Article 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.’

Or. pl

Amendment 122Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 2 – point aRegulation (EC) No 1367/2006Article 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.

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.

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Or. en

Amendment 123Milan Brglez, Manuel Pizarro, Maria Arena, César Luena, Javi López, Sándor RónaiProposal for a regulationArticle 1 – paragraph 1 – point 2 – point aRegulation (EC) No 1367/2006Article 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.

Or. en

Amendment 124Martin Hojsík, Frédérique Ries, Pascal Canfin, Nicolae Ştefănuță, María Soraya Rodríguez Ramos, Véronique Trillet-Lenoir, Sophia in 't VeldProposal for a regulationArticle 1 – paragraph 1 – point 2 – point aRegulation (EC) No 1367/2006Article 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.

Or. en

Amendment 125Rovana PlumbProposal for a regulationArticle 1 – paragraph 1 – point 2 – point a

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Regulation (EC) No 1367/2006Article 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, eight weeks after the date when the administrative act was required. The request shall state the grounds for the review.

Such a request must be made in writing and within 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.

Or. en

Justification

Clarify the text.

Amendment 126Stanislav PolčákProposal for a regulationArticle 1 – paragraph 1 – point 2 – point aRegulation (EC) No 1367/2006Article 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 16 weeks after receipt of the request.

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 14 weeks after receipt of the request.

Or. en

Amendment 127Anna ZalewskaProposal for a regulationArticle 1 – paragraph 1 – point 2 – point aRegulation (EC) No 1367/2006Article 10 – paragraph 2

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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 16 weeks after receipt of the request.’

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.’

Or. pl

Amendment 128Stanislav PolčákProposal for a regulationArticle 1 – paragraph 1 – point 2 – point bRegulation (EC) No 1367/2006Article 10 – paragraph 3 – subparagraph 2


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

In any event, the Union institution or body shall act within 20 weeks from receipt of the request.

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Or. en

Amendment 129Nicolae ŞtefănuțăProposal for a regulationArticle 1 – paragraph 1 – point 2 a (new)Regulation (EC) No 1367/2006Article 11 – paragraph 1 – point b


2a. Article 11, paragraph 1, point b is amended as follows:

(b) it has the primary stated objective of promoting environmental protection in the context of environmental law;

‘(b) it has among other things, the objective of promoting environmental protection in the context of environmental law;’

Or. en

Justification

Article 11 paragraph (1) point (b) of the Aarhus Regulation states that a NGO can submit a request for internal review in accordance with Article 10, if its main stated objective is to promote environmental protection in environmental law. In the Aarhus Convention, there is no such restriction, so imposing this additional condition constitutes an obstacle to access to justice and is restrictive, as it is sufficient for the non-governmental organization to have, among other things, the objective (and) protection of the environment.

Amendment 130Alexander BernhuberProposal for a regulationArticle 1 – paragraph 1 – point 2 b (new)Regulation (EC) No 1367/2006Article 11 – paragraph 1 – point c


2b. Article 11(1)(c) is amended as follows:

(c) it has existed for more than two years and is actively pursuing the objective referred to under (b);

‘(c) it has existed for more than three years and is actively pursuing the objective referred to under (b);

Or. de

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Justification

The newly amended version of the EU's Aarhus Regulation extends environmental NGOs’ rights of review. Their obligations and, thus, the eligibility criteria for filing applications must also be amended correspondingly. To ensure NGOs are sufficiently experienced and competent to properly exercise their right to take legal action, we need to ensure they have been established for at least three years (as in Austria and Germany) rather than the current minimum of two.

Amendment 131Alexander BernhuberProposal for a regulationArticle 1 – paragraph 1 – point 2 c (new)Regulation (EC) No 1367/2006Article 11 – paragraph 1 – point d a (new)


2c. In Article 11(1), the following point is added:

‘(da) it has at least 100 members.’

Or. de

Justification

It is commonly agreed that only an NGO representing civil society should be granted the right of review. We need to avoid applications for review from NGOs consisting of one or two people (such as the NGO ‘Protect’), which would be tantamount to an actio popularis.

Amendment 132Anna ZalewskaProposal for a regulationArticle 1 – paragraph 1 – point 2 c (new)Regulation (EC) No 1367/2006Article 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]’

Or. pl

Amendment 133Martin Hojsík, Frédérique Ries, Nicolae Ştefănuță, María Soraya Rodríguez Ramos,

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Sophia in 't VeldProposal for a regulationArticle 1 – paragraph 1 – point 2 d (new)Regulation (EC) No 1367/2006Article 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 the administrative act or alleged administrative omission contravening environmental law.’

Or. en

Amendment 134Milan Brglez, Manuel Pizarro, Maria Arena, César Luena, Javi López, Sándor RónaiProposal for a regulationArticle 1 – paragraph 1 – point 2 d (new)Regulation (EC) No 1367/2006Article 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

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question.’

Or. en

Justification

Ensuring standing for individuals in accordance with the Aarhus Convention.

Amendment 135Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros KokkalisProposal for a regulationArticle 1 – paragraph 1 – point 2 d (new)Regulation (EC) No 1367/2006Article 11 – paragraph 1 a (new)



‘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.’

Or. en

Justification

Inserting a new paragraph 1a in Article 11.

Amendment 136Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 2 d (new)Regulation (EC) No 1367/2006

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Article 11 – paragraph 1 a (new)



‘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.’

Or. en

Amendment 137Milan Brglez, Manuel Pizarro, Maria Arena, César Luena, Javi López, Sándor RónaiProposal for a regulationArticle 1 – paragraph 1 – point 2 e (new)Regulation (EC) No 1367/2006Article 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 paragraph 1.

‘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.’

Or. en

Amendment 138Martin Hojsík, Nicolae Ştefănuță, María Soraya Rodríguez Ramos, Sophia in 't VeldProposal for a regulationArticle 1 – paragraph 1 – point 2 e (new)

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


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 paragraph 1 and 1a.’

Or. en

Amendment 139Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 2 e (new)Regulation (EC) No 1367/2006Article 11 – paragraph 2


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 paragraph 1 and 1a.’

Or. en

Amendment 140Anna ZalewskaProposal for a regulationArticle 1 – paragraph 1 – point 2 f (new)Regulation (EC) No 1367/2006Article 11 a (new)

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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.’

Or. pl

Amendment 141Michal Wiezik, Róża Thun und Hohenstein, Radan Kanev, Stanislav PolčákProposal for a regulationArticle 1 – paragraph 1 – point 2 g (new)Regulation (EC) No 1367/2006Article 12 – paragraph 1


2g. Article 12, paragraph 1 is amended as follows:

1. The non-governmental organisation which made the request for internal review pursuant to Article 10 may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty.

‘1. Where the non-governmental organisation 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, the non-governmental organisation may institute proceedings before the Court of Justice in accordance with Article 263 of the Treaty, to review the substantive and procedural legality of that decision.’

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Or. en

Amendment 142Martin Hojsík, Frédérique Ries, Pascal Canfin, Nicolae Ştefănuță, María Soraya Rodríguez Ramos, Véronique Trillet-Lenoir, Sophia in 't VeldProposal for a regulationArticle 1 – paragraph 1 – point 2 g (new)Regulation (EC) No 1367/2006Article 12 – paragraph 1




‘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 TFEU, to review the substantive and procedural legality of that decision.’

Or. en

Amendment 143Milan Brglez, Manuel Pizarro, Maria Arena, César Luena, Javi López, Sándor RónaiProposal for a regulationArticle 1 – paragraph 1 – point 2 g (new)Regulation (EC) No 1367/2006Article 12 – paragraph 1




‘1. Where a non-governmental organisation or other member of the public which made a request for internal review pursuant to Article 10 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

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review the substantive and procedural legality of that decision.’

Or. en

Justification

Effective remedies: The amendment to Art. 12(1) would ensure that the Court of Justice can review all procedural and substantive aspects of the review decision. This goes some way to address the current issue that an applicant is not able to directly contest the substantive and procedural legality of the challenged administrative act before the CJEU, which, as confirmed in the Milieu Study, limits the effectiveness of the internal review mechanism. Moreover, it ensures compliance with the Aarhus Convention, as confirmed by the findings of the ACCC.

Amendment 144Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Silvia Modig, Petros KokkalisProposal for a regulationArticle 1 – paragraph 1 – point 2 g (new)Regulation (EC) No 1367/2006Article 12 – paragraph 1




‘1. Where a non-governmental organisation or member of the public 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 Article 263 TFEU, to review the substantive and procedural legality of that decision.’

Or. en

Amendment 145Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 2 g (new)

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‘1. Where a non-governmental organisation 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 Article 263 TFEU, to review the substantive and procedural legality of that decision.’

Or. en

Amendment 146Milan Brglez, Manuel Pizarro, Maria Arena, César Luena, Javi López, Sándor RónaiProposal for a regulationArticle 1 – paragraph 1 – point 2 h (new)Regulation (EC) No 1367/2006Article 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 may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty.

‘2. Where the 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 TFEU.’

Or. en

Amendment 147Martin Hojsík, Frédérique Ries, Pascal Canfin, Nicolae Ştefănuță, María Soraya Rodríguez Ramos, Véronique Trillet-Lenoir, Sophia in 't Veld

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Proposal for a regulationArticle 1 – paragraph 1 – point 2 h (new)Regulation (EC) No 1367/2006:Article 12 – paragraph 2




‘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 TFEU.’

Or. en

Amendment 148Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 2 h (new)Regulation (EC) No 1367/2006Article 12 – paragraph 2




‘2. Where the 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 TFEU.’

Or. en

Amendment 149Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros KokkalisProposal for a regulationArticle 1 – paragraph 1 – point 2 h (new)

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‘2. Where the 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 TFEU.’

Or. en

Amendment 150Milan Brglez, Manuel Pizarro, Maria Arena, César Luena, Javi López, Sándor RónaiProposal for a regulationArticle 1 – paragraph 1 – point 2 i (new)Regulation (EC) No 1367/2006Article 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.’

Or. en

Justification

Costs: The proposed new Art. 12(2b) clarifies, firstly, that costs may generally not be prohibitively expensive. This is a direct implementation of Art. 9(4) Aarhus Convention, which has been implemented in similar terms in a number of EU Directives. A similar

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requirement is so far lacking for the EU level. The provision would guide the CJEU when making cost orders.

Amendment 151Michal Wiezik, Róża Thun und Hohenstein, Radan Kanev, Stanislav PolčákProposal for a regulationArticle 1 – paragraph 1 – point 2 i (new)Regulation (EC) No 1367/2006Article 12 – paragraph 2 a (new)



‘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.’

Or. en

Justification

Together with the recital on the non-prohibitive costs, the issue is hereby treated in the operative part of the Regulation.

Amendment 152Marie Toussainton behalf of the Greens/EFA GroupMick Wallace, Anja Hazekamp, Clare Daly, Manuel Bompard, Silvia Modig, Petros Kokkalis, Sirpa PietikäinenProposal for a regulationArticle 1 – paragraph 1 – point 2 i (new)Regulation (EC) No 1367/2006Article 12 – paragraph 2 a (new)



‘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

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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.’

Or. en

Justification

Adding a new paragraph to Article 12 of the existing regulation.

Amendment 153Michal Wiezik, Róża Thun und Hohenstein, Radan Kanev, Stanislav PolčákProposal for a regulationArticle 1 – paragraph 1 – point 2 j (new)Regulation (EC) No 1367/2006Article 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.’

Or. en

Justification

Together with the recital on the non-prohibitive costs, the issue is hereby treated in the operative part of the Regulation

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