20 Amendments of Nicolae ŞTEFĂNUȚĂ related to 2020/0289(COD)
Amendment 17 #
Proposal for a regulation
Recital 2
Recital 2
(2) Regulation (EC) No 1367/2006 of the European Parliament and of the Council4 was adopted in order to contribute to the implementation of the obligations arising under the Aarhus Convention by laying down rules on its application to Union institutions and bodies. This Regulation therefore amends the Regulation (EC) No 1367/2006 in order to implement Article 9(3) and 9(4) of the Convention. __________________ 4 Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).
Amendment 25 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In order to ensure that the administrative and judicial procedures provided for in this Regulation are effective, the costs of such procedures should not be prohibitively expensive. To this aim, also the cost requests of the Union institutions and bodies, if they are successful in litigation, should always be reasonable.
Amendment 30 #
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 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 and the recommendations and findings of the Aarhus Convention Compliance Committee, including in cases ACCC/C/2008/32 and ACCC/C/2015/128,5 in a way that is compatible with the fundamental principles of Union law and with its system of judicial review. __________________ 5 See findings of the Aarhus Convention Compliance Committee in cases ACCC/C/2008/32 at https://www.unece.org/env/pp/compliance/ Compliancecommittee/32TableEC.html and findings in cases ACCC/C/2015/128 at XXX [weblink to be added once the findings are adopted].
Amendment 33 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Article 9(3) and 9(4) of the Aarhus Convention provides access to judicial and administrative review procedures for members of the public so that they can challenge the substantive or procedural legality of decisions, acts or omissions that may contravene environmental law. Enhancing access to administrative and judicial review is necessary for the Union to comply with the requirements of provisions of Article 9(3) and 9(4) of the Aarhus Convention, and to deliver on the commitments under the European Green Deal to improve access to justice.
Amendment 44 #
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 CourtFor the sake of consistency and in view of the link between the concept of an act having ‘legally binding and external effects’, within the meaning of JusArticle of the European Union (CJEU) through a procedure for preliminary ruling under2(1)(g) of the Aarhus Regulation, and that of an act producing legal effects vis-à-vis third parties, within the meaning of Article 2673 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, it is reasonable to interpret the former in accordance with the latter.
Amendment 49 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 50 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 58 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Any procedural deadlines for administrative and/or judicial control should apply only once the content of the contested administrative act relating to the major public interest protected by environmental law is actually known by the interested persons, especially in cases when the individual administrative act is obsolete. This is necessary in order to avoid practices that could go against Article 9 of the Aarhus Convention and the case law of the CJEU (see the judgment of the Court of 12 November 2019 in Case C-261/18, Commission v. Ireland1). __________________ 1 Judgment of the Court of Justice of 12 November 2019, C-261/18, Commission v. Ireland, ECLI:EU:C:2019:955.
Amendment 60 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) According to the case law of the CJEU1a, state aid for activities that contravene rules of EU law on the environment cannot be declared compatible with the internal market. The definition of an administrative act in Article 2(2) for the purposes of Regulation (EC) No 1367/2006 should therefore also include measures by the European Commission under Articles 106 and 107 TFEU. __________________ 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 80 #
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, 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 85 #
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 adoptedtaken by a Union institution or body, which has legally binding and external effects and contains provisions that may, because of their effects vis-à-vis third parties, 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 95 #
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 99 #
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, 86 and 872 of the Treaty (competition rules);’
Amendment 116 #
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 or other member of the public which 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 124 #
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 129 #
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 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
Amendment 133 #
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 the administrative act or alleged administrative omission contravening environmental law.’
Amendment 138 #
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 2
Article 11 – paragraph 2
2.e. 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 paragraph 1. and 1a.’
Amendment 142 #
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. The non-governmental organisation or other member of the public which made the 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.FEU, to review the substantive and procedural legality of that decision.’
Amendment 147 #
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 Community 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.’