# C_2022015EN.01027201.xml

| 12.1.2022 | EN | Official Journal of the European Union | C 15/272 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/272

---

P9_TA(2021)0254

Environment: The Aarhus Regulation ***I

Amendments adopted by the European Parliament on 20 May 2021 on the proposal for a regulation of the European Parliament and of the Council Amending 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 (COM(2020)0642 — C9-0321/2020 — 2020/0289(COD)) (1)

(Ordinary legislative procedure: first reading)

(2022/C 15/46)

Amendment 1

Proposal for a regulation

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | Regulation (EC) No 1367/2006 of the European Parliament and of the Council (4) 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. |

Text proposed by the Commission

Amendment

(2)

Regulation (EC) No 1367/2006 of the European Parliament and of the Council (4) 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.

| (2) | Regulation (EC) No 1367/2006 of the European Parliament and of the Council (4) 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 Regulation (EC) No 1367/2006 in order to implement Article 9(3) and 9(4) of the Convention. |
| --- | --- |

(2)

Regulation (EC) No 1367/2006 of the European Parliament and of the Council (4) 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 Regulation (EC) No 1367/2006 in order to implement Article 9(3) and 9(4) of the Convention.

Amendment 2

Proposal for a regulation

Recital 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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 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’. |

Text proposed by the Commission

Amendment

(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 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’.

| (3) | In its
  communication
  of 11 December 2019
  on 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
  specific
  concerns about the compatibility with environmental law of
  administrative acts
  with effects on the environment. The Commission also committed to take action to improve their access to justice before national courts in all Member States; to this end, it issued
  its communication of 14 October 2020
  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 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’
  . |
| --- | --- |

(3)

In its
  communication
  of 11 December 2019
  on 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
  specific
  concerns about the compatibility with environmental law of
  administrative acts
  with effects on the environment. The Commission also committed to take action to improve their access to justice before national courts in all Member States; to this end, it issued
  its communication of 14 October 2020
  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 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 3

Proposal for a regulation

Recital 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a) | Article 9(4) of the Aarhus Convention states that court proceedings under the scope of Article 9(3) of that Convention should not be prohibitively expensive. In order to ensure that judicial proceedings under Article 12 of Regulation (EC) No 1367/2006 are not prohibitively expensive

   (1a)

  and foreseeable for the applicant, the Union’s institutions or bodies should make reasonable cost reimbursement requests when they are successful in litigation. |

Text proposed by the Commission

Amendment

(3a)

Article 9(4) of the Aarhus Convention states that court proceedings under the scope of Article 9(3) of that Convention should not be prohibitively expensive. In order to ensure that judicial proceedings under Article 12 of Regulation (EC) No 1367/2006 are not prohibitively expensive

   (1a)

  and foreseeable for the applicant, the Union’s institutions or bodies should make reasonable cost reimbursement requests when they are successful in litigation.

Amendment 4

Proposal for a regulation

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | Taking into account the provisions of Article 9(3) of the Aarhus Convention, as well as
  concerns expressed by
  the Aarhus Convention Compliance Committee (5), 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. |

Text proposed by the Commission

Amendment

(4)

Taking into account the provisions of Article 9(3) of the Aarhus Convention, as well as
  concerns expressed by
  the Aarhus Convention Compliance Committee (5), 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.

| (4) | Taking into account the provisions of Article 9(3)
  and (4)
  of the Aarhus Convention as well as
  the advice of
  the Aarhus Convention Compliance Committee (5), 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,
  including its treaties, and
  with its system of judicial review.
  Regulation (EC) No 1367/2006 should be amended accordingly. |
| --- | --- |

(4)

Taking into account the provisions of Article 9(3)
  and (4)
  of the Aarhus Convention as well as
  the advice of
  the Aarhus Convention Compliance Committee (5), 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,
  including its treaties, and
  with its system of judicial review.
  Regulation (EC) No 1367/2006 should be amended accordingly.

Amendment 5

Proposal for a regulation

Recital 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4a) | Article 9(3) of the Aarhus Convention provides that, within the framework of its national legislation, each Party is to ensure that members of the public concerned, where they meet the criteria laid down in its national law, have access to judicial or other review procedures to challenge the substantive and procedural legality of any decision, act or omission which contravenes provisions of its national law relating to the environment. The administrative review procedure under the Aarhus Regulation complements the overall Union system of administrative and judicial review that enables members of the public to have administrative acts reviewed via direct judicial challenges at Union level, namely under Article 263(4) TFEU, and, in accordance with Article 267 TFEU, via national courts, which form an integral part of the Union system under the Treaties. |

Text proposed by the Commission

Amendment

(4a)

Article 9(3) of the Aarhus Convention provides that, within the framework of its national legislation, each Party is to ensure that members of the public concerned, where they meet the criteria laid down in its national law, have access to judicial or other review procedures to challenge the substantive and procedural legality of any decision, act or omission which contravenes provisions of its national law relating to the environment. The administrative review procedure under the Aarhus Regulation complements the overall Union system of administrative and judicial review that enables members of the public to have administrative acts reviewed via direct judicial challenges at Union level, namely under Article 263(4) TFEU, and, in accordance with Article 267 TFEU, via national courts, which form an integral part of the Union system under the Treaties.

Amendment 6

Proposal for a regulation

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | The limitation of the internal review provided for in Regulation (EC) No 1367/2006 to administrative acts of individual scope
  is
  the main
  obstacle
  for environmental non-governmental organisations seeking to have recourse to internal review under Article 10 of that Regulation also as regards administrative acts that have a wider scope. It is therefore
  necessary
  to broaden the scope of the internal review procedure laid down in that Regulation to include non-legislative acts of a general scope. |

Text proposed by the Commission

Amendment

(5)

The limitation of the internal review provided for in Regulation (EC) No 1367/2006 to administrative acts of individual scope
  is
  the main
  obstacle
  for environmental non-governmental organisations seeking to have recourse to internal review under Article 10 of that Regulation also as regards administrative acts that have a wider scope. It is therefore
  necessary
  to broaden the scope of the internal review procedure laid down in that Regulation to include non-legislative acts of a general scope.

| (5) | The limitation of the internal review provided for in Regulation (EC) No 1367/2006 to administrative acts of individual scope
  has been
  the main
  ground for non-admissibility
  for environmental non-governmental organisations seeking to have recourse to internal review under Article 10 of that Regulation also as regards administrative acts that have a wider scope. It is therefore
  appropriate
  to broaden the scope of the internal review procedure laid down in that Regulation to include non-legislative acts of a general scope. |
| --- | --- |

(5)

The limitation of the internal review provided for in Regulation (EC) No 1367/2006 to administrative acts of individual scope
  has been
  the main
  ground for non-admissibility
  for environmental non-governmental organisations seeking to have recourse to internal review under Article 10 of that Regulation also as regards administrative acts that have a wider scope. It is therefore
  appropriate
  to broaden the scope of the internal review procedure laid down in that Regulation to include non-legislative acts of a general scope.

Amendment 7

Proposal for a regulation

Recital 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Amendment

(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.

| (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 judicial protection can
  be obtained
  , including before the Court of Justice of the European Union (CJEU) through a procedure for preliminary ruling under Article 267 TFEU. |
| --- | --- |

(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 judicial protection can
  be obtained
  , including before the Court of Justice of the European Union (CJEU) through a procedure for preliminary ruling under Article 267 TFEU.

Amendment 8

Proposal for a regulation

Recital 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | In the interest of legal certainty, in order for any provisions to be excluded from the notion of administrative act, Union law must explicitly require the adoption of implementing acts for those provisions. |

Text proposed by the Commission

Amendment

(7)

In the interest of legal certainty, in order for any provisions to be excluded from the notion of administrative act, Union law must explicitly require the adoption of implementing acts for those provisions.

deleted

Amendment 9

Proposal for a regulation

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | The scope of Regulation (EC) No 1367/2006 covers acts adopted under environmental law.
  By contrast,
  Article 9(3) of the Aarhus Convention covers challenges to acts that ‘contravene’ law relating to the environment. Thus, it is necessary to clarify that internal review should be carried out in order to verify whether an administrative act contravenes environmental law. |

Text proposed by the Commission

Amendment

(9)

The scope of Regulation (EC) No 1367/2006 covers acts adopted under environmental law.
  By contrast,
  Article 9(3) of the Aarhus Convention covers challenges to acts that ‘contravene’ law relating to the environment. Thus, it is necessary to clarify that internal review should be carried out in order to verify whether an administrative act contravenes environmental law.

| (9) | The scope of Regulation (EC) No 1367/2006 covers acts adopted under environmental law. Article 9(3) of the Aarhus Convention covers challenges to acts
  or omissions
  that ‘contravene’ law relating to the environment. Thus, it is necessary to clarify
  , in line with the case law of the CJEU,
  that internal review should be carried out in order to verify whether an administrative act contravenes environmental law
  within the meaning of point (f) of Article 2(1)
  . |
| --- | --- |

(9)

The scope of Regulation (EC) No 1367/2006 covers acts adopted under environmental law. Article 9(3) of the Aarhus Convention covers challenges to acts
  or omissions
  that ‘contravene’ law relating to the environment. Thus, it is necessary to clarify
  , in line with the case law of the CJEU,
  that internal review should be carried out in order to verify whether an administrative act contravenes environmental law
  within the meaning of point (f) of Article 2(1)
  .

Amendment 10

Proposal for a regulation

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Amendment

(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.

| (10) | When assessing whether an administrative act contains provisions which may contravene law
  relating to the environment within the meaning of point (f) of Article 2(1)
  , it is necessary to consider
  in accordance with the case law of the CJEU
  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.
  Where this is the case
  , the internal review mechanism should also cover acts that have been adopted in the implementation of policies other than Union policy on the environment. |
| --- | --- |

(10)

When assessing whether an administrative act contains provisions which may contravene law
  relating to the environment within the meaning of point (f) of Article 2(1)
  , it is necessary to consider
  in accordance with the case law of the CJEU
  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.
  Where this is the case
  , 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 11

Proposal for a regulation

Recital 10 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (10a) | In view of the first paragraph of Article 263 TFEU, as interpreted by the CJEU

   (1a)

  , an act is to be considered to have external effects, and thus capable of being subject to a request for review, if it is intended to produce legal effects vis-à-vis third parties. Administrative acts, such as appointments or preparatory acts, that do not produce legal effects vis-à-vis third parties and cannot be considered to have external effects, in line with the case law of the CJEU, should, therefore, not constitute administrative acts under Regulation (EC) No 1367/2006. |

Text proposed by the Commission

Amendment

(10a)

In view of the first paragraph of Article 263 TFEU, as interpreted by the CJEU

   (1a)

  , an act is to be considered to have external effects, and thus capable of being subject to a request for review, if it is intended to produce legal effects vis-à-vis third parties. Administrative acts, such as appointments or preparatory acts, that do not produce legal effects vis-à-vis third parties and cannot be considered to have external effects, in line with the case law of the CJEU, should, therefore, not constitute administrative acts under Regulation (EC) No 1367/2006.

Amendment 12

Proposal for a regulation

Recital 10 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (10b) | In order to ensure legal consistency, an act is considered to have legal effects, and thus capable of being subject to a request for review, in accordance with the first paragraph of Article 263 TFEU, as interpreted by the CJEU

   (1a)

  . Considering an act to have legal effects implies that an act can be subject to a request for review, regardless of its form, as its nature is considered with regard to its effects, objective and content

   (1b)

  . |

Text proposed by the Commission

Amendment

(10b)

In order to ensure legal consistency, an act is considered to have legal effects, and thus capable of being subject to a request for review, in accordance with the first paragraph of Article 263 TFEU, as interpreted by the CJEU

   (1a)

  . Considering an act to have legal effects implies that an act can be subject to a request for review, regardless of its form, as its nature is considered with regard to its effects, objective and content

   (1b)

  .

Amendment 13

Proposal for a regulation

Recital 10 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (10c) | Any procedural deadlines for administrative and/or judicial control should apply only once the content of the administrative act relating to a major public interest protected by environmental law and that is the subject subsequently of a challenge is actually known by the persons having an interest, especially in cases in which the individual administrative act concerned 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, in particular the judgment of the Court of 12 November 2019 in Case C-261/18, Commission v. Ireland

   (1a)

  . |

Text proposed by the Commission

Amendment

(10c)

Any procedural deadlines for administrative and/or judicial control should apply only once the content of the administrative act relating to a major public interest protected by environmental law and that is the subject subsequently of a challenge is actually known by the persons having an interest, especially in cases in which the individual administrative act concerned 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, in particular the judgment of the Court of 12 November 2019 in Case C-261/18, Commission v. Ireland

   (1a)

  .

Amendment 14

Proposal for a regulation

Recital 10 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (10d) | Early and effective means of public participation in the creation and adoption of Union legislative and non-legislative acts are important in order to be able to address concerns at an early stage and to assess whether there is a need for a further proposal to improve public participation horizontally. |

Text proposed by the Commission

Amendment

(10d)

Early and effective means of public participation in the creation and adoption of Union legislative and non-legislative acts are important in order to be able to address concerns at an early stage and to assess whether there is a need for a further proposal to improve public participation horizontally.

Amendment 15

Proposal for a regulation

Recital 11 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (11a) | Given the key role of environmental non-governmental organisations in raising awareness and taking legal action, the Union's institutions or bodies should ensure that there is adequate access to information, participation and justice. |

Text proposed by the Commission

Amendment

(11a)

Given the key role of environmental non-governmental organisations in raising awareness and taking legal action, the Union's institutions or bodies should ensure that there is adequate access to information, participation and justice.

Amendment 16

Proposal for a regulation

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | According to the case law of the CJEU (6), environmental non-governmental organisations requesting an internal review of an administrative act
  are
  required to put forward facts or legal arguments of sufficient substance to give rise to serious doubts when stating the grounds for their request of review. |

Text proposed by the Commission

Amendment

(12)

According to the case law of the CJEU (6), environmental non-governmental organisations requesting an internal review of an administrative act
  are
  required to put forward facts or legal arguments of sufficient substance to give rise to serious doubts when stating the grounds for their request of review.

| (12) | According to the case law of the CJEU (6),
  a party
  requesting an internal review of an administrative act
  is
  required to put forward facts or legal arguments of sufficient substance to give rise to serious doubts when stating the grounds for their request of review.
  That requirement should also apply under Regulation (EC) No 1367/2006. |
| --- | --- |

(12)

According to the case law of the CJEU (6),
  a party
  requesting an internal review of an administrative act
  is
  required to put forward facts or legal arguments of sufficient substance to give rise to serious doubts when stating the grounds for their request of review.
  That requirement should also apply under Regulation (EC) No 1367/2006.

Amendment 17

Proposal for a regulation

Recital 12 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12a) | During the consideration of a request for internal review, other parties directly affected by the request in question, such as companies or public authorities, should be able to submit comments to the Union institution or body concerned within the deadlines set out in Regulation (EC) No 1367/2006. |

Text proposed by the Commission

Amendment

(12a)

During the consideration of a request for internal review, other parties directly affected by the request in question, such as companies or public authorities, should be able to submit comments to the Union institution or body concerned within the deadlines set out in Regulation (EC) No 1367/2006.

Amendment 18

Proposal for a regulation

Recital 12 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12b) | According to the case law of the CJEU

   (1a),
  if a state aid measure under Article 107 TFEU entails a violation of Union law on the environment, that state aid measure cannot be declared compatible with the internal market. The Commission should establish clear guidelines to facilitate the assessment of the compatibility of state aid with relevant provisions of Union law, including Union law relating to the environment. |

Text proposed by the Commission

Amendment

(12b)

According to the case law of the CJEU

   (1a),
  if a state aid measure under Article 107 TFEU entails a violation of Union law on the environment, that state aid measure cannot be declared compatible with the internal market. The Commission should establish clear guidelines to facilitate the assessment of the compatibility of state aid with relevant provisions of Union law, including Union law relating to the environment.

Amendment 19

Proposal for a regulation

Recital 12 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12c) | Regulation (EC) No 1367/2006 lays down the common provisions, scope and definitions on access to information, public participation in decision-making and access to justice in environmental matters at Union level. This is appropriate and contributes to providing legal certainty and increasing the transparency of the implementation measures taken pursuant to the obligations arising under the Aarhus Convention. |

Text proposed by the Commission

Amendment

(12c)

Regulation (EC) No 1367/2006 lays down the common provisions, scope and definitions on access to information, public participation in decision-making and access to justice in environmental matters at Union level. This is appropriate and contributes to providing legal certainty and increasing the transparency of the implementation measures taken pursuant to the obligations arising under the Aarhus Convention.

Amendment 20

Proposal for a regulation

Recital 12 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12d) | The scope of review proceedings under Regulation (EC) No 1367/2006 should cover both the substantive and procedural legality of the act challenged. In line with 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 altered

   (1a)

  . |

Text proposed by the Commission

Amendment

(12d)

The scope of review proceedings under Regulation (EC) No 1367/2006 should cover both the substantive and procedural legality of the act challenged. In line with 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 altered

   (1a)

  .

Amendment 21

Proposal for a regulation

Recital 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13a) | Acts adopted by public authorities of the Member States, including national implementing measures adopted at Member State level required by a non-legislative act under Union law, do not fall within the scope of Regulation (EC) No 1367/2006, in line with the Treaties and the principle of the autonomy of the national courts. |

Text proposed by the Commission

Amendment

(13a)

Acts adopted by public authorities of the Member States, including national implementing measures adopted at Member State level required by a non-legislative act under Union law, do not fall within the scope of Regulation (EC) No 1367/2006, in line with the Treaties and the principle of the autonomy of the national courts.

Amendment 22

Proposal for a regulation

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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 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 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). |

Text proposed by the Commission

Amendment

(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 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 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).

| (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). |
| --- | --- |

(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 23

Proposal for a regulation

Article 1 — paragraph 1 — point 1

Regulation (EC) No 1367/2006

Article 2 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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; |

Text proposed by the Commission

Amendment

(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;

| (g) | ‘administrative act’ means any non-legislative act adopted by a Union institution or body, which has
  legal
  and external effects and contains provisions that may contravene environmental law within the meaning of point (f) of Article 2(1)
  ; administrative acts shall not include acts adopted by public authorities of Member States; |
| --- | --- |

(g)

‘administrative act’ means any non-legislative act adopted by a Union institution or body, which has
  legal
  and external effects and contains provisions that may contravene environmental law within the meaning of point (f) of Article 2(1)
  ; administrative acts shall not include acts adopted by public authorities of Member States;

Amendment 24

Proposal for a regulation

Article 1 — paragraph 1 — point 1 a (new)

Regulation (EC) No 1367/2006

Article 2 — paragraph 2

| Present text | Amendment |
| --- | --- |
| | 1a. | Article 2, paragraph 2, is amended as follows: |

Present text

Amendment

1a.

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:

‘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 under:

| (a) | Articles 81, 82
  , 86 and 87
  of the Treaty (
  competition
  rules); |
| --- | --- |

(a)

Articles 81, 82
  , 86 and 87
  of the Treaty (
  competition
  rules);

, 86 and 87

competition

| (a) | Articles 81
  and
  82 of the Treaty
  [Articles 101 and 102 TFEU]
  (
  including merger
  rules); |
| --- | --- |

(a)

Articles 81
  and
  82 of the Treaty
  [Articles 101 and 102 TFEU]
  (
  including merger
  rules);

and

[Articles 101 and 102 TFEU]

including merger

| (b) | Articles 226 and 228 of the Treaty (infringement proceedings); |
| --- | --- |

(b)

Articles 226 and 228 of the Treaty (infringement proceedings);

| (b) | Articles 226 and 228 of the Treaty
  [Articles 258 and 260 TFEU]
  (infringement proceedings); |
| --- | --- |

(b)

Articles 226 and 228 of the Treaty
  [Articles 258 and 260 TFEU]
  (infringement proceedings);

[Articles 258 and 260 TFEU]

| (c) | Article 195 of the Treaty (Ombudsman proceedings); |
| --- | --- |

(c)

Article 195 of the Treaty (Ombudsman proceedings);

| (c) | Article 195 of the Treaty
  [Article 228 TFEU]
  (Ombudsman proceedings); |
| --- | --- |

(c)

Article 195 of the Treaty
  [Article 228 TFEU]
  (Ombudsman proceedings);

[Article 228 TFEU]

| (d) | Article 280 of the Treaty (OLAF proceedings). |
| --- | --- |

(d)

Article 280 of the Treaty (OLAF proceedings).

| (d) | Article 280 of the Treaty
  [Article 325 TFEU]
  (OLAF proceedings). |
| --- | --- |

(d)

Article 280 of the Treaty
  [Article 325 TFEU]
  (OLAF proceedings).

[Article 325 TFEU]

| (da) | Articles 86 and 87 [Articles 106 and 107 TFEU] (competition rules) until ... [18 months after the adoption of this Regulation]. |
| --- | --- |

(da)

(da)

Articles 86 and 87 [Articles 106 and 107 TFEU] (competition rules) until ... [18 months after the adoption of this Regulation].

Articles 86 and 87 [Articles 106 and 107 TFEU] (competition rules) until ... [18 months after the adoption of this Regulation].

| (db) | No later than ... [18 months after the date of adoption of this Regulation], the Commission shall adopt guidelines to facilitate the assessment of the compatibility of state aid with relevant provisions of Union law relating to the environment, including on the information to be submitted by Member States when they notify the Commission of state aid.’ |
| --- | --- |

(db)

(db)

No later than ... [18 months after the date of adoption of this Regulation], the Commission shall adopt guidelines to facilitate the assessment of the compatibility of state aid with relevant provisions of Union law relating to the environment, including on the information to be submitted by Member States when they notify the Commission of state aid.’

No later than ... [18 months after the date of adoption of this Regulation], the Commission shall adopt guidelines to facilitate the assessment of the compatibility of state aid with relevant provisions of Union law relating to the environment, including on the information to be submitted by Member States when they notify the Commission of state aid.’

Amendment 25

Amendment 25

Proposal for a regulation

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

| Present text | Amendment |
| --- | --- |
| | 1b. | In Article 4, paragraph 2 is replaced by the following: |

Present text

Present text

Amendment

Amendment

1b.

1b.

In Article 4, paragraph 2 is 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
  :

‘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
  following shall be included in the
  databases or registers
  as soon as they are consolidated
  :

| (a) | texts of international treaties, conventions or agreements, and of
  Community
  legislation on the environment or relating to it, and of policies, plans and programmes relating to the environment; |
| --- | --- |

(a)

texts of international treaties, conventions or agreements, and of
  Community
  legislation on the environment or relating to it, and of policies, plans and programmes relating to the environment;

Community

| (a) | texts of international treaties, conventions or agreements, and of
  Union
  legislation on the environment or relating to it, and of policies, plans and programmes relating to the environment; |
| --- | --- |

(a)

texts of international treaties, conventions or agreements, and of
  Union
  legislation on the environment or relating to it, and of policies, plans and programmes relating to the environment;

Union

| (aa) | the positions of Member States as expressed in decision-making procedures leading to the adoption of Union legislation or administrative acts on or relating to the environment; |
| --- | --- |

(aa)

(aa)

the positions of Member States as expressed in decision-making procedures leading to the adoption of Union legislation or administrative acts on or relating to the environment;

the positions of Member States as expressed in decision-making procedures leading to the adoption of Union legislation or administrative acts on or relating to the environment;

| (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; |
| --- | --- |

(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;

Community

| (b) | progress reports on the implementation of the items referred to under (a) where prepared or held in electronic form by
  Union
  institutions or bodies; |
| --- | --- |

(b)

progress reports on the implementation of the items referred to under (a) where prepared or held in electronic form by
  Union
  institutions or bodies;

Union

| (c) | steps taken in proceedings for infringements of Community law from the stage of the reasoned opinion pursuant to Article
  226
  (1) of the Treaty; |
| --- | --- |

(c)

steps taken in proceedings for infringements of Community law from the stage of the reasoned opinion pursuant to Article
  226
  (1) of the Treaty;

226

| (c) | steps taken in proceedings for infringements of Community law from the stage of the reasoned opinion pursuant to Article
  258
  (1) of the Treaty; |
| --- | --- |

(c)

steps taken in proceedings for infringements of Community law from the stage of the reasoned opinion pursuant to Article
  258
  (1) of the Treaty;

258

| (d) | reports on the state of the environment as referred to in paragraph 4; |
| --- | --- |

(d)

reports on the state of the environment as referred to in paragraph 4;

| (d) | reports on the state of the environment as referred to in paragraph 4; |
| --- | --- |

(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; |
| --- | --- |

(e)

data or summaries of data derived from the monitoring of activities affecting, or likely to affect, the environment;

| (e) | data or summaries of data derived from the monitoring of activities affecting, or likely to affect, the environment; |
| --- | --- |

(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; |
| --- | --- |

(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;

| (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; |
| --- | --- |

(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.’ |
| --- | --- |

(g)

environmental impact studies and risk assessments concerning environmental elements, 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.’ |
| --- | --- |

(g)

environmental impact studies and risk assessments concerning environmental elements, or a reference to the place where such information can be requested or accessed.’

Amendment 26

Amendment 26

Proposal for a regulation

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| Any 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. | Any non-governmental organisation
  or members of the public that meet
  the criteria set out in Article 11
  are
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Any 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.

which meets

is

Any non-governmental organisation
  or members of the public that meet
  the criteria set out in Article 11
  are
  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.

or members of the public that meet

are

Amendment 27

Amendment 27

Proposal for a regulation

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where an administrative act is an implementing measure at Union level required by another non-legislative act, the 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. | Where an administrative act is an implementing measure at Union level required by another non-legislative act, the non-governmental organisation
  or members of the public that meet the criteria set out in Article 11
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where an administrative act is an implementing measure at Union level required by another non-legislative act, the 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.

Where an administrative act is an implementing measure at Union level required by another non-legislative act, the non-governmental organisation
  or members of the public that meet the criteria set out in Article 11
  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.

or members of the public that meet the criteria set out in Article 11

Amendment 28

Amendment 28

Proposal for a regulation

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 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Union institution or body referred to in paragraph 1 shall consider any such request, unless it is clearly unsubstantiated. The Union institution or body shall state its reasons in a written reply as soon as possible, but no later than 16 weeks after receipt of the request. | 2.   The Union institution or body referred to in paragraph 1 shall consider any such request, unless it is clearly unsubstantiated
  . In the event that a Union institution or body receives multiple requests for review of the same act or omission citing the same grounds, the institution or body may decide to combine the requests and treat them as one. In such a case, the Union institution or body shall as soon as possible notify that decision to all those who have made a request for internal review of that same act or omission. Within four weeks of submission of such a request, third parties directly affected by the request may submit comments to that Union institution or body
  . The Union institution or body shall state its reasons in a written reply as soon as possible, but no later than 16 weeks after receipt of the request. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Union institution or body referred to in paragraph 1 shall consider any such request, unless it is clearly unsubstantiated. The Union institution or body shall state its reasons in a written reply as soon as possible, but no later than 16 weeks after receipt of the request.

2.   The Union institution or body referred to in paragraph 1 shall consider any such request, unless it is clearly unsubstantiated
  . In the event that a Union institution or body receives multiple requests for review of the same act or omission citing the same grounds, the institution or body may decide to combine the requests and treat them as one. In such a case, the Union institution or body shall as soon as possible notify that decision to all those who have made a request for internal review of that same act or omission. Within four weeks of submission of such a request, third parties directly affected by the request may submit comments to that Union institution or body
  . The Union institution or body shall state its reasons in a written reply as soon as possible, but no later than 16 weeks after receipt of the request.

Amendment 29

Amendment 29

Proposal for a regulation

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 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a. | In Article 11, the following paragraph is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.

2a.

In Article 11, the following paragraph is inserted:

‘1a.
     
  A request for internal review in accordance with Article 10 may also be made by members of the public demonstrating sufficient interest or impairment of a right subject to paragraph 2 below.’

Amendment 30

Amendment 30

Proposal for a regulation

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

| Present text | Amendment |
| --- | --- |
| | 2b. | In Article 11, paragraph 2 is replaced by the following |

Present text

Present text

Amendment

Amendment

2b.

2b.

In Article 11, paragraph 2 is 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.

‘2.   The Commission shall adopt the provisions which are necessary to ensure transparent and consistent application of the criteria mentioned in
  paragraphs
  1
  and 1a. No later than ... [18 months following the adoption of this Regulation], the Commission shall adopt a delegated act in accordance with Article 12a specifying the criteria that members of the public, as referred to in paragraph 1a of this Article, need to fulfil
  .
  The Commission shall review the application of those criteria at least every three years, and, where appropriate, amend the delegated act, to guarantee the effective exercise of the right conferred on members of the public referred to in paragraph 1a.

The criteria established by the delegated act adopted pursuant to this paragraph shall:

The criteria established by the delegated act adopted pursuant to this paragraph shall:

| (a) | ensure that there is effective access to justice in line with the overall objectives of the Aarhus Convention; |
| --- | --- |

(a)

(a)

ensure that there is effective access to justice in line with the overall objectives of the Aarhus Convention;

ensure that there is effective access to justice in line with the overall objectives of the Aarhus Convention;

| (b) | require a request to be made by members of the public from different Member States when it concerns a Union act or omission affecting the public in more than one Member State; |
| --- | --- |

(b)

(b)

require a request to be made by members of the public from different Member States when it concerns a Union act or omission affecting the public in more than one Member State;

require a request to be made by members of the public from different Member States when it concerns a Union act or omission affecting the public in more than one Member State;

| (c) | be such as to avoid actio popularis, including by ensuring that when demonstrating sufficient interest or impairment of a right, members of the public are required to prove that they are directly affected in comparison to the public at large; |
| --- | --- |

(c)

(c)

be such as to avoid actio popularis, including by ensuring that when demonstrating sufficient interest or impairment of a right, members of the public are required to prove that they are directly affected in comparison to the public at large;

be such as to avoid actio popularis, including by ensuring that when demonstrating sufficient interest or impairment of a right, members of the public are required to prove that they are directly affected in comparison to the public at large;

| (d) | minimise the administrative burden on Union institutions and bodies.’ |
| --- | --- |

(d)

(d)

minimise the administrative burden on Union institutions and bodies.’

minimise the administrative burden on Union institutions and bodies.’

Amendment 31

Amendment 31

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 c (new)

Article 1 — paragraph 1 — point 2 c (new)

Regulation (EC) No 1367/2006

Article 11 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2c. | The following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2c.

2c.

The following article is inserted:

‘Article 11a

Public register of requests for internal review

Union institutions and bodies shall establish, by 31 December 2021 at the latest, a register of all requests that meet the eligibility requirements set out in Article 11 as well as of the applicants that meet those requirements and submitted the requests. That register shall be regularly updated.’

Amendment 32

Amendment 32

Proposal for a regulation

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 1

| Present text | Amendment |
| --- | --- |
| | 2d. | In Article 12, paragraph 1 is amended as follows: |

Present text

Present text

Amendment

Amendment

2d.

2d.

In Article 12, paragraph 1 is amended as follows:

1.   
  The
  non-governmental organisation 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.

‘1.   
  Where the
  non-governmental organisation or

  members of the public
  which made the request for internal review pursuant to Article 10
  consider that a decision by the Union institution or body in response to that request is insufficient to ensure compliance with environmental law, they
  may institute proceedings before the Court of Justice, in accordance with
  Article 263
  of the Treaty
  , to review the substantive and procedural legality of that decision
  .’

Amendment 33

Amendment 33

Proposal for a regulation

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 12 — paragraph 2

| Present text | Amendment |
| --- | --- |
| | 2e. | In Article 12, paragraph 2 is amended as follows: |

Present text

Present text

Amendment

Amendment

2e.

2e.

In 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 may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty.

‘2.   Where the
  Union institution
  or body fails to act in accordance with Article 10(2) or (3) the non-governmental organisation
  or members 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.’

Amendment 34

Amendment 34

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 f (new)

Article 1 — paragraph 1 — point 2 f (new)

Regulation (EC) No 1367/2006

Article 12 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2f. | The following paragraph is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2f.

2f.

The following paragraph is inserted:

‘2a.
     
  Without prejudice to the Court’s prerogative to apportion costs, it shall be ensured that court proceedings initiated under this Article are not prohibitively expensive. Union institutions and bodies referred to in Article 10(1) shall only make reasonable cost reimbursement requests.’

Amendment 35

Amendment 35

Proposal for a regulation

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 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2g. | The following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2g.

2g.

The following article is inserted:

‘Article 12a

Exercise of the delegation

1.
     
  The power to adopt delegated acts referred to in Article 11(2) is conferred on the Commission subject to the conditions laid down in this Article.

2.
     
  The power to adopt delegated acts referred to in Article 11(2) shall be conferred on the Commission for an indeterminate period of time from ... [date of entry into force of this Regulation].

3.
     
  The delegation of power referred to in Article 11(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.
     
  Before adopting a delegated act, the Commission shall consult experts designated by each Member State and the public in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.
     
  A delegated act adopted pursuant to Article 11(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’

---

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0152/2021).

1

(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).

4

(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).

4

(1a)  
  Communication of the Commission of 4 April 2019 on Environmental Implementation Review 2019: A Europe that protects its citizens and enhances their quality of life and communication of the Commission of 14 October 2020 on improving access to justice in environmental matters in the EU and its Member States.

1a

Communication of the Commission of 4 April 2019 on Environmental Implementation Review 2019: A Europe that protects its citizens and enhances their quality of life and communication of the Commission of 14 October 2020 on improving access to justice in environmental matters in the EU and its Member States.

(5)  
  See findings
  of the Aarhus Convention Compliance Committee
  in case ACCC/C/2008/32
  at https://
  www.unece
  .
  org/env/pp/compliance/Compliancecommittee/32TableEC
  .
  html
  .

5

See findings

in case ACCC/C/2008/32

www.unece

org/env/pp/compliance/Compliancecommittee/32TableEC

html

(5)  
  Advice
  of the Aarhus Convention Compliance Committee
  ACCC/M/2017/3 and ACCC/C/2015/128 available
  at https://
  unece
  .
  org/env/pp/cc/accc
  .
  m.2017.3_european-union and https://unece
  .
  org/env/pp/cc/accc.c.2015.128_european-union.

5

Advice

ACCC/M/2017/3 and ACCC/C/2015/128 available

unece

org/env/pp/cc/accc

m.2017.3_european-union and https://unece

org/env/pp/cc/accc.c.2015.128_european-union.

(1a)  
  Judgment of the Court of Justice of 3 October 2013, Inuit Tapiriit Kanatami and Others v Parliament and Council, C-583/11 P, ECLI:EU:C:2013:625, paragraph 56.

1a

Judgment of the Court of Justice of 3 October 2013, Inuit Tapiriit Kanatami and Others v Parliament and Council, C-583/11 P, ECLI:EU:C:2013:625, paragraph 56.

(1a)  
  Judgement of the Court of Justice of 29 January 2021, ClientEarth v EIB, T-9/19, ECLI:EU:T:2021:42, paragraphs 149 and 153. See also judgment in Case C-583/11 P, paragraph 56.

1a

Judgement of the Court of Justice of 29 January 2021, ClientEarth v EIB, T-9/19, ECLI:EU:T:2021:42, paragraphs 149 and 153. See also judgment in Case C-583/11 P, paragraph 56.

(1b)  
  The judgments of the Court of Justice of 10 December 1957, Usines à tubes de la Sarre v High Authority, 1/57 and 14/57, ECLI:EU:C:1957:13, p. 114; of 31 March 1971, Commission v Council, 22/70, ECLI:EU:C:1971:32, paragraph 42; of 16 June 1993, France v Commission, C-325/91, ECLI:EU:C:1993:245, paragraph 9; of 20 March 1997, France v Commission, C-57/95, ECLI:EU:C:1997:164, paragraph 22; and of 13 October 2011, Deutsche Post and Germany v Commission, C-463/10 P and C-475/10 P, ECLI:EU:C:2011:656, paragraph 36.

1b

The judgments of the Court of Justice of 10 December 1957, Usines à tubes de la Sarre v High Authority, 1/57 and 14/57, ECLI:EU:C:1957:13, p. 114; of 31 March 1971, Commission v Council, 22/70, ECLI:EU:C:1971:32, paragraph 42; of 16 June 1993, France v Commission, C-325/91, ECLI:EU:C:1993:245, paragraph 9; of 20 March 1997, France v Commission, C-57/95, ECLI:EU:C:1997:164, paragraph 22; and of 13 October 2011, Deutsche Post and Germany v Commission, C-463/10 P and C-475/10 P, ECLI:EU:C:2011:656, paragraph 36.

(1a)  
  Judgment of the Court of Justice of 12 November 2019, C-261/18, Commission v. Ireland, ECLI:EU:C:2019:955.

1a

Judgment of the Court of Justice of 12 November 2019, C-261/18, Commission v. Ireland, ECLI:EU:C:2019:955.

(6)  Judgment of the Court of Justice of 12 September 2019 in Case C-82/17 P, TestBioTech v Commission, ECLI:EU:C:2019:719,
  at para
  69.

6

at para

(6)  
  Judgment
  of the Court of Justice of 12 September 2019, TestBioTech v Commission, C-82/17 P, ECLI:EU:C:2019:719,
  paragraph
  69,
  and the judgment in Case T-9/19
  .

6

Judgment

paragraph

and the judgment in Case T-9/19

(1a)  
  Judgment of the Court of Justice of 22 September 2020, Austria v Commission, C-594/18 P, ECLI:EU:C:2020:742.

1a

Judgment of the Court of Justice of 22 September 2020, Austria v Commission, C-594/18 P, ECLI:EU:C:2020:742.

(1a)  
  Judgment in Case C-82/17 P, paragraph 39.

1a

Judgment in Case C-82/17 P, paragraph 39.

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