5 Amendments of Sirpa PIETIKÄINEN related to 2020/0289(COD)
Amendment 32 #
Proposal for a regulation
Recital 4 a (new)
Recital 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 European Green Deal.
Amendment 114 #
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 with sufficient environmental interest 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 136 #
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 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.’
Amendment 145 #
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 which made the request for internal review pursuant to Article 10or 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 the relevArticle 263 TFEU, to review the substantive antd provisions of the Treaty.cedural legality of that decision.’
Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 h (new)
Article 1 – paragraph 1 – point 2 h (new)
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 with sufficient environmental interest may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty.FEU.’