56 Amendments of Marie TOUSSAINT related to 2020/0289(COD)
Amendment 13 #
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 right of citizens to have 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 recalls that ‘access to justice in environmental matters (...) 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 18 #
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 right of citizens to have 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 the 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 21 #
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 Committee62, Union law should be brought into compliance with the provisions of the Aarhus Convention on access to justice in environmental matters and the findings of the Aarhus Convention Compliance Committee62 in a way that is compatible with the fundamental principles of Union law and with its system of judicial review. _________________ 62See findings of the Aarhus Convention Compliance Committee in case ACCC/C/2008/32 at https://www.unece.org/env/pp/compliance/ Compliancecommittee/32TableEC.html.
Amendment 22 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Article 9(3) and (4) of the Aarhus Convention provides 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 European Union’s compliance with the requirements of those provisions, and as part of the European Commission’s commitment to improve access to justice contained in the European Green Deal.
Amendment 23 #
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 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 for environmental protection. __________________ 1aNot yet published in the Official Journal.
Amendment 26 #
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 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 29 #
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 30 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 31 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 39 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) As confirmed by the case law of the CJEU, 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) No 1367/2006.
Amendment 41 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) Article 9(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 41 #
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 42 #
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) Given the key role of environmental NGOs in raising awareness and taking legal action, the EU institutions or bodies shall provide them with the appropriate financial support and ensure their full access to justice, information and participation.
Amendment 46 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In this regard, the applicability of the admissibility criteria of Article 263(4), including the narrow Plaumann concept developed in the CJUE jurisprudence, is in contradiction with Article 9(3) of the Aarhus Convention and should be reviewed.
Amendment 47 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 48 #
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 right to 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 50 #
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 54 #
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) shall be replaced by the following: ‘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: (a) Articles 8101, 8102, 86 and 87 of the TreatyTFEU (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 55 #
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 4 – paragraph 2
Article 4 – paragraph 2
1b. Article 4(2) shall be replaced by the following: 2. The environmental information to be made available and disseminated shall be updated as appropriate. In addition to the documents listed in Article 12(2) and (3) and in Article 13(1) and (2) of Regulation (EC) No 1049/2001, the databases or registers shall include the following: (b) progress reports on the implementation of the items referred to under (a) where prepared or held in electronic form by Community institutions or bodies; (c) steps takenfollowing shall be included in the databases or registers as soon as they are finalized: (a) texts of international treaties, conventions or agreements, and of Union legislation and administrative acts on the environment or relating to it, and of policies, plans and programmes relating to the environment; (aa) the positions of Member States as expressed in decision-making procedures leading to the adoption of Union legislation and administrative acts on the environmental or relating to it; (b) progress reports on the implementation of the items referred to under (a) where prepared or held in electronic form by Community institutions or bodies, including finalised reports relating to audits and inspections carried out by EU institutions and bodies in the Member States; (c) steps taken and documents exchanged in proceedings for infringements of CommunityUnion law from the stage of the reasoned opinionletter of formal notice pursuant to Article 22658(1) of the Treaty; (d) reports on the state of the environment as referred to in paragraph 4; (e) data or summaries of data derived from the monitoring of activities affecting, or likely to affect, the environment; (f) authorisations with a significant impact on the environment, and environmental agreements, or a reference to the place where such information can be requested or accessed; (g) environmental impact studies and risk assessments concerning environmental elements, or a reference to the place where such information can be requested or accessed; (ga) tables drawn up for the purposes of ongoing trilogues, as well as impact assessment reports in relation to legislative initiatives envisaged in respect of environmental matters.
Amendment 56 #
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 57 #
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 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
1c. The following paragraph shall be inserted: 2a. Article 4(1)(a), fourth indent, and Art. 4(2), third indent, of Regulation (EC) No 1049/2001 shall not be applied to requests for environmental information. The institution may refuse access to environmental information held by Union institutions and bodies where disclosure would undermine the purpose of a disciplinary procedure.
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 d (new)
Article 1 – paragraph 1 – point 1 d (new)
Regulation (EC) No 1367/2006
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
1d. The following paragraph shall be inserted: Article 4(3) of Regulation (EC) No 1049/2001 shall not be applied to requests for environmental information, if the request concerns factual material, such as scientific studies and assessments prepared by an EU institution, an EU body or third parties to inform the decision-making procedure.
Amendment 59 #
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
1. Any member of the public having sufficient interest in the measure, or non- governmental organisation 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 61 #
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 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 64 #
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 member of the public or non-governmental organisation 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 65 #
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, TestbioTech eV and Others v Commission, C-82/17, ECLI:EU:C:2019:719, paragraph 39.
Amendment 68 #
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 69 #
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 2
Article 11 – paragraph 2
2a. Article 11(2) shall be replaced by the following: 2. The Commission shall adopt the provisions which are necessary to ensure transparent and consistent application of the criteria mentioned in paragraph 1 and 2.
Amendment 69 #
Proposal for a regulation
Recital 11 d (new)
Recital 11 d (new)
(11d) Given the key role of environmental NGOs in raising awareness and taking legal action, the Union's institutions or bodies should provide them with the appropriate financial support and ensure that they have full access to justice and information and can participate fully.
Amendment 70 #
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 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2b. The following paragraph shall be inserted : 2a. Any member of the public shall be entitled to make a request for internal review in accordance with Article 10, provided that they have sufficient interest in the measure.
Amendment 72 #
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
Article 12 – paragraph 2
2c. Article 12(2) shall be replaced by the following: 2. Where the Community institution or body fails to act in accordance with Article 10(2) or (3) the member of the public or non-governmental organisation may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty.
Amendment 72 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The Commission takes note of the findings of the Aarhus Convention Compliance Committee that the case law of the CJEU regarding the interpretation of "direct and individual concern" presents an obstacle to full compliance with of the Aarhus Convention, and should be reviewed.1a __________________ 1aSee findings of the Aarhus Convention Compliance Committee in case ACCC/C/2008/32 at https://www.unece.org/env/pp/compliance /Compliancecommittee/32TableEC.html. See 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.
Amendment 74 #
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 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2d. 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.
Amendment 79 #
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 84 #
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 94 #
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 98 #
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 101 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 d (new)
Article 1 – paragraph 1 – point 1 d (new)
Regulation (EC) No 1367/2006
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
1d. Article 4, paragraph 1, sub paragraph 1 is amended as follows: ‘Community institutions and bodies shall organise the environmental information which is relevant to their functions and which is held by them, with a view to its active and systematic dissemination to the public, in particular by means of computer telecommunication and/or electronic technology in accordance with Articles 11(1) and (2), and 12 of Regulation (EC) No 1049/2001. They shall make this environmental information progressively available, as and when it becomes available, in electronic databases that are easily accessible to the public through public telecommunication networks. To that end, they shall place the environmental information that they hold on databases and equip these with search aids and other forms of software designed to assist the public in locating the information they require.’
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 e (new)
Article 1 – paragraph 1 – point 1 e (new)
Regulation (EC) No 1367/2006
Article 4 – paragraph 2 – introductory phrase
Article 4 – paragraph 2 – introductory phrase
1e. Article 4, paragraph 2, introductory phrase is amended as follows: ‘2. The environmental information to be made available and disseminated shall be updated as appropriate. In addition to the documents listed in Article 12(2) and (3) and in Article 13(1) and (2) of Regulation (EC) No 1049/2001, the databases or registers shall include the following:following shall be included in the databases or registers as early as possible:’
Amendment 103 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 f (new)
Article 1 – paragraph 1 – point 1 f (new)
Regulation (EC) No 1367/2006
Article 4 – paragraph 2– point a
Article 4 – paragraph 2– point a
1f. Article 4, paragraph 2, point a is amended as follows: ‘(a) texts of international treaties, conventions or agreements, and of Community legislation as well as negotiation mandates and/or directives related to treaties, conventions and agreements that affect the environment, and of Union legislation and administrative acts on the environment or relating to it, and of policies, plans and programmes relating to the environment;’
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 g
Article 1 – paragraph 1 – point 1 g
Regulation (EC) No 1367/2006
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
1g. In Article 4, paragraph 2, point aa is inserted: ‘(aa) factual material, such as scientific studies and assessments prepared by a Union institution, a Union body or third parties to inform decision-making procedures related to the environment;’
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 h
Article 1 – paragraph 1 – point 1 h
Regulation (EC) No 1367/2006
Article 4 – paragraph 2 – point a b (new)
Article 4 – paragraph 2 – point a b (new)
1h. In Article 4, paragraph 2, point ab is inserted: ‘(ab) the positions of Member States as expressed in decision-making procedures leading to the adoption of Union legislation and administrative acts on the environment or relating to it;’
Amendment 106 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 i
Article 1 – paragraph 1 – point 1 i
Regulation (EC) No 1367/2006
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
1i. Article 4, paragraph 2, point b is amended as follows: ‘(b) progress reports on the implementation of the items referred to under (a) where prepared or held in electronic form by CommunityUnion institutions or bodies, including finalised reports relating to audits and inspections carried out by Union institutions orand bodies; in the Member States;’
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 j
Article 1 – paragraph 1 – point 1 j
Regulation (EC) No 1367/2006
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
Amendment 108 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 k (new)
Article 1 – paragraph 1 – point 1 k (new)
Regulation (EC) No 1367/2006
Article 4 – paragraph 2 – point f
Article 4 – paragraph 2 – point f
1k. Article 4, paragraph 2, point f is amended as follows: ‘(f) authorisations with a significant impact on the environment, and environmental agreements, as well as the information and/or studies on which they are based, or a reference to the place where such information can be requested or accessed;’
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 l
Article 1 – paragraph 1 – point 1 l
Regulation (EC) No 1367/2006
Article 4 – paragraph 2 – point g a (new)
Article 4 – paragraph 2 – point g a (new)
1l. In Article 4, paragraph 2, point ga is inserted: ‘(ga) tables drawn up for the purposes of ongoing interinstitutional negotiations, as well as impact assessment reports in relation to legislative initiatives envisaged in respect of environmental matters.’
Amendment 110 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 m
Article 1 – paragraph 1 – point 1 m
Regulation (EC) No 1367/2006
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
1m. In Article 6, the following paragraph is added: ‘2a. The exceptions provided for in the fourth indent of point (a) of Article 4(1) and in the third indent of Article 4(2) of Regulation (EC) No 1049/20011a shall not be relied upon in relation to requests for environmental information. A Union institution or body may refuse access to environmental information it holds where disclosure would undermine the purpose of a disciplinary procedure. __________________ 1aRegulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ L 145, 31.5.2001, p. 43.’
Amendment 111 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 n (new)
Article 1 – paragraph 1 – point 1 n (new)
Regulation (EC) No 1367/2006
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
1n. In Article 6, the following paragraph is added: ‘2b. The exception provided for in Article 4(3) of Regulation (EC) No 1049/20011a shall not be relied upon in relation to requests for environmental information, if the request concerns factual material, such as scientific studies and assessments prepared by a Union institution, body or by third parties as information to be used in a decision- making procedure." __________________ 1aRegulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ L 145, 31.5.2001, p. 43.’
Amendment 118 #
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 122 #
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 members 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 135 #
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 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 139 #
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
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 paragraph 1. and 1a.’
Amendment 144 #
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 member of the public which made thea 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 149 #
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 152 #
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 CJEU’s prerogative to apportion costs, the Union institutions and bodies referred to in Article 10(1) shall 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.’