12 Amendments of Michal WIEZIK related to 2020/0289(COD)
Amendment 42 #
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 48 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 51 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 63 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The Commission decides on compatibility of the State aid with the Union law, including in the field of environment. Therefore, measures taken by the European Commission under Articles 106 and 107 TFEU should be covered by the definition of an administrative act for the purposes of this Regulation.
Amendment 75 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to ensure that judicial proceedings under Article 12 of Regulation (EC) 1367/2006 are not prohibitively expensive and that costs are foreseeable for the applicant, the EU institutions or bodies should only make reasonable cost requests when they are successful in litigation and should, in particular, not seek to pass on the costs of external representation.
Amendment 81 #
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 effects and contains provisions that may, because of their effects, contravene environmental law within the meaning of point (f) of Article 2(1), excepting those provisions of this act for which Union law explicitly requires implementing measures at Union or national level;
Amendment 92 #
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 Community institution or body in its capacity as an administrative review body, such as under:’
Amendment 96 #
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
1b. Article 2, paragraph 2, point a is amended as follows: ‘(a) Articles 81, 82, 86101 and 87102 of the Treaty (competition rules);’
Amendment 100 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 c (new)
Article 1 – paragraph 1 – point 1 c (new)
Regulation (EC) No 1367/2006
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
1c. Article 2, paragraph 2, point b is amended as follows: ‘(b) Articles 22658, 259 and 22860 of the Treaty (infringement proceedings);’
Amendment 141 #
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
Amendment 151 #
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)
Amendment 153 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 j (new)
Article 1 – paragraph 1 – point 2 j (new)
Regulation (EC) No 1367/2006
Article 12 – paragraph 2 b (new)
Article 12 – paragraph 2 b (new)
2j. In Article 12, the following paragraph is inserted: ‘2b. Union institutions and bodies referred to in Article 10(1) shall not request that applicants pay costs exceeding a reasonable amount and shall, in any event, not request costs other than travel and subsistence expenses. In particular, Union institutions and bodies shall not request applicants to pay the remuneration of agents, advisers or lawyers.’