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))
Date: 2021-05-20
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Legal Affairs, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: EU environmental policy, access to information, disclosure of information, environmental law, environmental monitoring, international convention, right to justice, transparency in decision-making




C_2022015EN.01027201.xml










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.












(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’.












(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.











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.












(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.











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.












(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.














(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.










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.












(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.












(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.











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)

.











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)

.











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.











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.











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.












(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.











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.











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.











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)

.











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.











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).












(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;














(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:










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














(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);














(c)


Article 195 of the Treaty (Ombudsman proceedings);












(c)


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














(d)


Article 280 of the Treaty (OLAF proceedings).












(d)


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








 










(da)






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.’











Amendment 25


Proposal for a regulation


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:










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 
Union
 legislation 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 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 
Union
 institutions or bodies;














(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 
258
(1) of the Treaty;














(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;














(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.’









Amendment 26


Proposal for a regulation


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.





Amendment 27


Proposal for a regulation


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.





Amendment 28


Proposal for a regulation


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.






Amendment 29


Proposal for a regulation


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:









 






‘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


Proposal for a regulation


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










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:






 










(a)






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;










 










(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;










 










(d)






minimise the administrative burden on Union institutions and bodies.’











Amendment 31


Proposal for a regulation


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:









 





‘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


Proposal for a regulation


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:










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


Proposal for a regulation


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:










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


Proposal for a regulation


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:









 





‘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


Proposal for a regulation


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:









 





‘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).

(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)  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).

(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)  
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.



(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.



(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.



(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)  
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
.

(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.