21 Amendments of César LUENA related to 2020/0289(COD)
Amendment 19 #
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 administrative and judicial review at Union level for citizens and environmental non- governmental organisations who have concerns about the compatibility with environmental law of decisions with effects on the environment. The Commission also committed to take action to improve their access to justice before national courts in all Member States; to this end, it issued a Communication on ‘Improving access to justice in environmental matters in the EU and its Member States’ in which it affirms that “access to justice in environmental matters, both via the Court of Justice of the EU (CJEU) and the national courts as Union courts, is an important support measure to help deliver the European Green Deal transition and a way to strengthen the role which civil society can play as watchdog in the democratic space”.
Amendment 24 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Taking into account the climate and environmental emergency declared with the adoption of the European Parliament resolution of 28 November 2019 on the climate and environment emergency1a, the Union's institutions and bodies should operate, within the limits of their competences, in such a manner as to enable full use to be made of Union law on environmental protection. __________________ 1aNot yet published in the Official Journal.
Amendment 27 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) Article 9(3) and (4) of the Aarhus Convention provide for access to judicial or other procedures for members of the public, including individuals and non- governmental organisations, so that they can challenge the substantive or procedural legality of decisions, acts or omissions that may contravene environmental law. Enhancing individual access to administrative and court review is necessary as part of the Union’s compliance with the requirements of those provisions, and as part of the Commission’s commitment to improving access to justice contained in the European Green Deal.
Amendment 28 #
Proposal for a regulation
Recital 4
Recital 4
(4) Taking into account the provisions of Article 9(3) and (4) of the Aarhus Convention, as well as concerns expressed by the Aarhus Convention Compliance Committee5, Union law should be brought into compliance with the provisions of the Aarhus Convention on access to justice in environmental matters in a way that is compatible with the fundamental principles of Union law and with its system of judicial review. __________________ 5See findings of the Aarhus Convention Compliance Committee in case ACCC/C/2008/32 at https://www.unece.org/env/pp/compliance/ Compliancecommittee/32TableEC.html, the findings5 and the advice5a of the Aarhus Convention Compliance Committee, as the main body for the review of compliance with the Aarhus Convention5b, in a way that is compatible with the fundamental principles of Union law and with its system of judicial review. This Regulation therefore amends Regulation (EC) No 1367/2006 in order to fulfil the Union’s obligations under international law to implement Article 9(3) and (4) of the Aarhus Convention as regards the Union’s institutions and bodies. __________________ 5See findings of the Aarhus Convention Compliance Committee in case ACCC/C/2008/32 at https://www.unece.org/env/pp/compliance/ Compliancecommittee/32TableEC.html. 5aSee advice of the Aarhus Convention Compliance Committee ACCC/M/2017/3 available at https://unece.org/env/pp/cc/accc.m.2017.3 _european-union. 5bAt its first session (Lucca, October 2002) the Meeting of the Parties adopted decision I/7 on the review of compliance.
Amendment 43 #
Proposal for a regulation
Recital 6
Recital 6
(6) The definition of an administrative act for the purposes of Regulation (EC) No 1367/2006 should include non-legislative acts. However, a non legislative act might entail implementing measures at national level against which environmental non- governmental organisations can obtain judicial protection, including before the Court of Justice of the European Union (CJEU) through a procedure for preliminary ruling under Article 267 TFEU. Therefore, it is appropriate to exclude from the scope of the internal review those provisions of such non- legislative acts for which Union law requires implementing measures at national level.
Amendment 45 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 55 #
Proposal for a regulation
Recital 10
Recital 10
(10) When assessing whether an administrative act contains provisions which may, because of their effects, contravene environmental law, it is necessary to consider whether such provisions may have an adverse effect on the attainment of the objectives of Union policy on the environment set out in Article 191 TFEU. As a result, the internal review mechanism should also cover acts that have been adopted in the implementation of policies other than Union policy on the environment.
Amendment 62 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) As confirmed by the case law of the CJEU1a, state aid for activities that contravene rules of the Union law on the environment cannot be declared compatible with the internal market. Measures taken by the Commission under Articles 106 and 107 TFEU should, therefore, be covered by the definition of an administrative act for the purposes of Regulation (EC) No 1367/2006. __________________ 1aJudgement of the Court of Justice of 22 September 2020, Austria v. Commission, C-594/18 P, ECLI:EU:C:2020:742, paragraphs 42 to 44.
Amendment 66 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) The scope of review proceedings under Regulation (EC) No 1367/2006 should include both the substantive and procedural legality of the act challenged. According to the case law of the CJEU, proceedings under Article 263(4) TFEU and Article 12 of Regulation (EC) No 1367/2006 cannot be founded on grounds or on evidence not appearing in the request for review, since otherwise the purpose for the requirement, in Article 10(1) of Regulation (EC) No 1367/2006, relating to the statement of grounds of review for such a request, would be made redundant and the object of the procedure initiated by the request would be altered1a. __________________ 1aJudgement of the Court of Justice of 12 September 2019, TestBio Tech eV and Others v Commission, C-82/17, ECLI:EU:C:2019:719, paragraph 39.
Amendment 67 #
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) Article 9(4) of the Aarhus Convention requires that court proceedings under the scope of Article 9(3) of the Aarhus Convention are not to be prohibitively expensive. In order to ensure that judicial proceedings under Article 12 of Regulation (EC) 1367/2006 are not prohibitively expensive and that the amount of costs is foreseeable for the applicant, the Union's institutions or bodies should only make reasonable cost requests and should, in particular, not be permitted to seek to pass on the costs of external representation.
Amendment 78 #
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 principle of environmental protection (Article 37), the right to good administration (Article 41) and the right to an effective remedy and to a fair trial (Article 47). This Regulation contributes to the effectiveness of the Union system of administrative and judicial review in environmental matters, and as a result, strengthens the application of Articles 37, 41 and 47 of the Charter and thereby contributes to the rule of law, enshrined in Article 2 of the Treaty on European Union (TEU).
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1367/2006
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘administrative act’ means any non- legislative act adopted by a Union institution or body, which has legally binding and external effect effects vis-à-vis third parties and contains provisions that may, because of their effects, contravene environmental law within the meaning of point (f) of Article 2(1), excepting those provisions of this act for which Union law explicitly requires implementing measures at Union or national level;
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1367/2006
Article 2 – paragraph 2 – introductory phrase
Article 2 – paragraph 2 – introductory phrase
1a. Article 2, paragraph 2, introductory phrase is amended as follows: ‘2. Administrative acts and administrative omissions shall not include measures taken or omissions by a CommunityUnion institution or body in its capacity as an administrative review body, such as under:’
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
Regulation (EC) No 1367/2006
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 117 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) No 1367/2006
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Any non-governmental organisation whichor other member of the public that meets the criteria set out in Article 11, is entitled to make a request for internal review to the Union institution or body that has adopted an administrative act or, in case of an alleged administrative omission, should have adopted such an act, on the grounds that such an act or omission contravenes environmental law.
Amendment 123 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) No 1367/2006
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Where an administrative act is an implementing measure at Union level required by another non-legislative act, the non-governmental organisation or other member of the public may also request the review of the provision of the non- legislative act for which that implementing measure is required when requesting the review of that implementing measure.
Amendment 134 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 d (new)
Article 1 – paragraph 1 – point 2 d (new)
Regulation (EC) No 1367/2006
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
2d. In Article 11 the following paragraph is inserted : ‘1a. Any other member of the public shall be entitled to make a request for internal review in accordance with Article 10, provided that they prove they have sufficient interest in and/or are directly concerned by the administrative act or omission that allegedly contravenes environmental law, including where the administrative act or, in the case of an alleged administrative omission, the failure to adopt such an act, interferes with their legitimate interests as regards one or more of the elements or factors referred to in points (d)(i) and (ii) of Article 2(1), and which are protected by the rules of environmental law in question.’
Amendment 137 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 e (new)
Article 1 – paragraph 1 – point 2 e (new)
Regulation (EC) No 1367/2006
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
2e. Article 11, paragraph 2 is amended as follows: ‘2. The Commission shall adopt the provisions which are necessary to ensure transparent and consistent application of the criteria mentioned in paragraphs 1. and 1a.’
Amendment 143 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 g (new)
Article 1 – paragraph 1 – point 2 g (new)
Regulation (EC) No 1367/2006
Article 12 – paragraph 1
Article 12 – paragraph 1
2g. Article 12, paragraph 1 is amended as follows: ‘1. TWhere a non-governmental organisation or other member of the public which made thea request for internal review pursuant to Article 10 may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty.considers that a decision by the Union institution or body in response to that request is insufficient to ensure compliance with environmental law, that non- governmental organisation or other member of the public may institute proceedings before the Court of Justice in accordance with Article 263 TFEU, to review the substantive and procedural legality of that decision.’
Amendment 146 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 h (new)
Article 1 – paragraph 1 – point 2 h (new)
Regulation (EC) No 1367/2006
Article 12 – paragraph 2
Article 12 – paragraph 2
2h. Article 12, paragraph 2 is amended as follows: ‘2. Where the CommunityUnion institution or body fails to act in accordance with Article 10(2) or (3) the non-governmental organisation or other member of the public may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty.FEU.’
Amendment 150 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 i (new)
Article 1 – paragraph 1 – point 2 i (new)
Regulation (EC) No 1367/2006
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2i. In Article 12, the following paragraph is inserted: ‘2a. Without prejudice to the Court’s prerogative to apportion costs, the Union institutions and bodies referred to in Article 10(1) must ensure that court proceedings initiated under this provision are not prohibitively expensive. They shall not request that applicants pay costs other than reasonable travel and subsistence expenses. In particular, Union institutions and bodies shall not request applicants to pay the remuneration or fees of agents, advisers or lawyers.’