Date: 2023-11-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2023/2522 of 8 November 2023 on the request for registration, pursuant to Regulation (EU) 2019/788 of the European Parliament and of the Council, of the European citizens’ initiative entitled Creation of a European Environment Authority
Executive Summary:
This Commission Implementing Decision (EU) 2023/2522, dated 8 November 2023, concerns the registration of the European citizens initiative entitled "Creation of a European Environment Authority." The initiative requests the establishment of a European Environment Authority with powers to make binding administrative decisions related to environmental protection at the EU level. The Commission has determined that the initiative meets the requirements for registration under Regulation (EU) 2019/788.
Key Points / Main Content:
* **Initiative Overview:**
* The European citizens initiative "Creation of a European Environment Authority" was submitted on 28 September 2023.
* The initiative proposes establishing a European Environment Authority, either as a successor to the European Environment Agency or as a new authority.
* This authority would have the power to take binding administrative decisions on Member States and individuals, authorize/supervise activities with environmental impact, and address environmental pollution at the EU level, adhering to the polluter pays principle.
* **Scope and Objectives:**
* The proposed authority would address environmental impacts extending beyond national borders, such as transboundary air, water, marine, and noise pollution, soil contamination, waste management, and climate change.
* The initiative aligns with the European Green Deal and aims to manage the environmental impacts of new technologies.
* **Commission Assessment:**
* The Commission considers that the establishment of such an authority could be based on Article 192(1) of the Treaty on the Functioning of the European Union.
* The Commission confirms that no parts of the initiative manifestly fall outside the scope of the Commission's power to propose a legal act.
* The Commission notes that registration does not confirm the factual correctness of the initiative’s content.
* **Registration Decision:**
* The initiative "Creation of a European Environment Authority" is registered.
* The group of organizers has met the requirements of Regulation (EU) 2019/788.
* The initiative is not manifestly abusive, frivolous, or vexatious, and aligns with Union values and fundamental rights.
Impact Analysis:
* Group of Organizers (represented by Anna Jlia DONTH and Rebeka HEVESI):
* Impact: The initiative they proposed has been officially registered by the European Commission.
* Action Required: None specified in the document.
* European Commission:
* Impact: The Commission has registered the initiative, acknowledging that it falls within the scope of its powers to propose relevant legislation, although further assessment is needed.
* Action Required: The Commission may consider proposing legislation based on the initiative but needs to assess compliance with principles of proportionality, subsidiarity, and compatibility with fundamental rights.
* Member States and Natural/Legal Persons:
* Impact: Potentially subject to binding administrative decisions and environmental regulations issued by the potential new European Environment Authority if it is established.
* Action Required: Monitor further developments and potential legislative proposals arising from this initiative.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Parliament: The parliamentary body of the European Union.
Council of the European Union: A component of the legislative branch of the European Union.
European Commission: An executive branch institution of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's budget.
Regulation EU 2019/788: A regulation of the European Parliament and of the Council on the European citizens' initiative.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union.
European Environment Authority: Proposed EU body to address environmental pollution at the EU level.
Brussels: The capital of Belgium and a major administrative center for the European Union, where the decision was made.
Official Journal EN
of the European Union L series
2023/2522 16.11.2023
COMMISSION IMPLEMENTING DECISION (EU) 2023/2522
of 8 November 2023
on the request for registration, pursuant to Regulation (EU) 2019/788 of the European Parliament
and of the Council, of the European citizens’ initiative entitled ‘Creation of a European Environment
Authority’
(Only the Hungarian text is authentic)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/788 of the European Parliament and of the Council of 17 April 2019 on the
European citizens’ initiative(1), and in particular Article 6(2) and (3) thereof,
Whereas:
(1) A request for registration of a European citizens’ initiative entitled ‘Creation of a European Environment Authority’
was submitted to the Commission on 28 September 2023.
(2) The objective of the initiative as expressed by the organisers is that the Commission ‘set up a European Environment
Authority, either as the successor to the European Environment Agency, exercising official powers, or as a new
authority.’ That Authority would have the power to ‘take administrative decisions that are binding on Member
States and natural and legal persons’ and to ‘authorise and supervise activities that have an environmental impact
and act in cases of environmental pollution at EU level. In the latter case, it would penalise the polluter by
prohibiting the polluting activity, restoring the baseline condition, imposing fines in proportion to the pollution,
and so on, in line with the ‘polluter pays’ principle.’
(3) An annex to the initiative provides further details on the subject matter, objectives and background to the initiative.
It refers to the European Green Deal and explains that given that the Union ‘is striving to become the world’s first
climate-neutral continent, this social and economic transformation will inevitably involve the spreading of new,
complex technologies and the emergence of new, complex environmental impacts on the entire Union.’ In this
context, the initiative ‘seeks to create an authority responsible for preventing environmental pollution at EU level
that has the latest environmental expertise and, alongside the Member States’ national environment authorities,
takes binding administrative decisions whenever the environmental impact of Member States’ agricultural,
industrial or service activities extends beyond national borders and occurs at EU level’. The annex lists examples of
‘environmental impacts and pollution at EU level’ in respect of which the European Environment Authority could
act, namely: transboundary air pollution; water pollution; marine pollution; soil contamination; noise pollution;
transboundary waste management and climate change.
(4) As regards the objective of the initiative, the Commission considers that the establishment of an environmental
authority could be proposed on the basis of Article 192(1) of the Treaty on the Functioning of the European Union,
concerning action to achieve the objectives pursued by the Union policy on the environment. In particular, the
Commission could propose granting the environmental authority powers to issue binding administrative decisions,
including the authorisation of activities with environmental impact, the prohibition of polluting activities and the
imposition of penalties, provided that such decisional powers do not involve any policy discretion.
(5) For those reasons, the Commission considers that none of the parts of the initiative manifestly fall outside the
framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of
implementing the Treaties.
(1) OJ L 130, 17.5.2019, p. 55, ELI: http://data.europa.eu/eli/reg/2019/788/oj.
ELI: http://data.europa.eu/eli/dec_impl/2023/2522/oj 1/2EN
OJ L, 16.11.2023
(6) That conclusion does not affect the assessment of whether the concrete substantive conditions required for the
Commission to act, including compliance with the principles of proportionality and subsidiarity and compatibility
with fundamental rights, would be met in this case.
(7) The group of organisers has provided appropriate evidence that it fulfils the requirements laid down in Article 5(1)
and (2) of Regulation (EU) 2019/788 and has designated the contact persons in accordance with Article 5(3), first
subparagraph, of that Regulation.
(8) The initiative is not manifestly abusive, frivolous or vexatious, nor is it manifestly contrary to the values of the Union
as set out in Article 2 of the Treaty on European Union or to the rights enshrined in the Charter of Fundamental
Rights of the European Union.
(9) The initiative entitled ‘Creation of a European Environment Authority’ should therefore be registered.
(10) The conclusion that the conditions for registration under Article 6(3) of Regulation (EU) 2019/788 are fulfilled does
not imply that the Commission in any way confirms the factual correctness of the content of the initiative, which is
the sole responsibility of the group of organisers of the initiative. The content of the initiative only expresses the
views of the group of organisers, and can in no way be taken to reflect the views of the Commission,
HAS ADOPTED THIS DECISION:
Article 1
The European citizens’ initiative entitled ‘Creation of a European Environment Authority’ shall be registered.
Article 2
This Decision is addressed to the group of organisers of the citizens’ initiative entitled ‘Creation of a European Environment
Authority’, represented by Anna Júlia DONÁTH and Ms Rebeka HEVESI acting as contact persons.
Done at Brussels, 8 November 2023.
For the Commission
Věra JOUROVÁ
Vice-President
2/2 ELI: http://data.europa.eu/eli/dec_impl/2023/2522/oj