Activities of Franco ROBERTI related to 2020/0289(COD)
Legal basis opinions (0)
Amendments (6)
Amendment 38 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) As confirmed by the case law of the CJEU 1a, state aid for activities that contravene rules of EU law on the environment cannot be declared compatible with the internal market. Therefore, measures by the European Commission under Articles 106 and 107 TFEU should be covered by the definition of an administrative act for the purposes of Regulation (EC) No1367/2006. _________________ 1aJudgement of the Court of Justice of 22 September2020 in Case C-594/18 P, Austria v. Commission, ECLI:EU:C:2020:742, at paras 42-44.
Amendment 40 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) Article9(4) Aarhus Convention requires that court proceedings under the scope of Article 9(3) Aarhus Convention shall not be prohibitively expensive. In order to ensure that judicial proceedings under Article 12 Regulation (EC) 1367/2006 are not prohibitively expensive and that costs are foreseeable for the applicant, the EU institutions or bodies shall only make reasonable cost requests when they are successful in litigation and shall, in particular, not seek to pass on the costs of external representation.
Amendment 51 #
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 53 #
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
Article 2 – paragraph 2
1a. Article 2(2) is replaced by the following: "Administrative acts and administrative omissions shall not include measures taken or omissions by a Community institution or body in its capacity as an administrative review body, such as under: (a) Articles 81, 82, 86 and 87 of the Treatyunder: (a) Articles 101 and 102 TFEU (competition rules); (b) Articles 226 and 228 of the Treaty58, 259 and 260 TFEU (infringement proceedings); (c) Article 195 of the Treaty228 TFEU (Ombudsman proceedings); (d) Article 280 of the Treaty325 TFEU (OLAF proceedings)."
Amendment 71 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 1367/2006
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 73 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EC) No 1367/2006
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2b. The following paragraph shall be inserted: 2a. Without prejudice to the Court’s prerogative to apportion costs, it must be ensured that court proceedings initiated under this provision are not prohibitively expensive. Union institutions and bodies referred to in Article 10(1) shall not request that applicants pay costs exceeding a reasonable amount and shall, in any event, not request costs other than travel and subsistence expenses. In particular, Union institutions and bodies shall not request applicants to pay the remuneration of agents, advisers or lawyers.