MEPs on the European Parliament’s Environment Committee (ENVI) amended on Thursday 22 April the proposed revision of EU Regulation 1367/2006 to bring the EU fully into line with the international law it transposes - the Aarhus Convention - on public access to justice in environmental matters.
The vote was facilitated by 10 compromise amendments that were hard-fought between the main political groups (EPP, S&D, Renew Europe, Greens/EFA, and The Left, see EUROPE 12698/8, 12666/15). The final vote on the amended report by Christian Doleschal (EPP, Germany) will take place this Friday.
In essence, the MEPs have clarified the scope for the review of administrative acts that may be challenged. This review will cover any non-legislative act adopted by an institution or body of the Union which has legal and external effects and which contains provisions that may be contrary to environmental law.
Administrative acts do not include acts adopted by the public authorities of Member States, MEPs said.
The thorny issue of extending access to the administrative review mechanism to members of the public other than NGOs was resolved by leaving it to the European Commission to determine, by delegated act, the criteria that such members of the public will have to meet in order to exercise this right.
This delegated act will have to be adopted at the latest three years after the adoption of the revised Regulation. The Commission will review the application of these criteria at least every three years and amend the delegated act if necessary.
“Members of the European Parliament have a unique opportunity to amend the regulation to ensure that NGOs and citizens have access to environmental justice. It is a necessary revision to give the same rights to Europeans as to companies and Member States”, stressed the NGO CAN Europe on the eve of the vote. (Original version in French by Aminata Niang)