5 Amendments of Jean-Paul GARRAUD related to 2020/0289(COD)
Amendment 14 #
Proposal for a regulation
Recital 3
Recital 3
(3) In its Communication to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019, entitled ‘The European Green Deal’ the Commission committed itself to consider revising Regulation (EC) No 1367/2006 to improve access to environmental information for natural persons and non-governmental organisations as well as to administrative and judicial review at Union level for citizens and environmental non- governmental organisations who have concerns about the compatibility with environmental law of decisions with effects on the environment. The Commission also committed to take action to improve their access to justice before national courts in all Member States; to this end, it issued a Communication on ‘Improving access to justice in environmental matters in the EU and its Member States’.
Amendment 17 #
Proposal for a regulation
Recital 4
Recital 4
(4) Taking into account the provisions of Article 9(3) of the Aarhus Convention, as well as concerns, such as limiting appeals against administrative acts to individuals only or not granting the right of judicial review to persons or entities such as regions and municipalities, expressed by the Aarhus Convention Compliance Committee62, Union law should be brought into compliance with the provisions of the Aarhus Convention on access to justice in environmental matters in a way that is compatible with the fundamental principles of Union law and with its system of judicial review, while maintaining transparency in individual cases and disclosing information on matters concerning non-governmental organisations. _________________ 62See findings of the Aarhus Convention Compliance Committee in case ACCC/C/2008/32 at https://www.unece.org/env/pp/compliance/ Compliancecommittee/32TableEC.html.
Amendment 24 #
Proposal for a regulation
Recital 5
Recital 5
(5) The limitation of the internal review provided for in Regulation (EC) No 1367/2006 to administrative acts of individual scope is the main obstaclemay present certain difficulties for environmental non- governmental organisations seeking to have recourse to internal review under Article 10 of that Regulation also as regards administrative acts that have a wider scope. It is therefore necessary to broaden tThe scope of the internal review procedure laid down in that Regulation should therefore be broadened to include non-legislative acts of a general scope and to ensure that information acquired by non-governmental organisations is forwarded to a European institution competent to guarantee the transparency of procedures and information.
Amendment 43 #
Proposal for a regulation
Recital 12
Recital 12
(12) According to the case law of the CJEU63, environmental non-governmental organisations requesting an internal review of an administrative act are required to put forward facts or legal arguments of sufficient substance to give rise to serious doubts when stating the grounds for their request of review. and to submit them to a European institution competent to implement this regulation and to ensure transparency. Furthermore, if national law contains the obligation to exhaust administrative review procedures before recourse can be given to judicial review, this obligation should be fulfilled. _________________ 63Judgment of the Court of Justice of 12 September 2019 in Case C-82/17 P, TestBioTech v Commission, ECLI:EU:C:2019:719, at para 69.
Amendment 49 #
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union (the Charter), in particular the right to good administration (Article 41) and the right to an effective remedy and to a fair trial (Article 47). This Regulation contributes to the effectiveness of the Union’s and its Member States’ system of administrative and judicial review, and as a result, strengthens the application of Articles 41 and 47 of the Charter and thereby contributes to the rule of law, enshrined in Article 2 of the Treaty on European Union (TEU).