Dear Environment,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

In the judgment of the Court of 14 February 2012 Flachglas Torgau (C-204/09 ECLI:EU:C:2012:71) the following is stated by the Court:

45 It is true that, as the referring court noted, the second sentence of the second subparagraph of Article 2(2) of Directive 2003/4 provides that if their constitutional provisions at the date of adoption of that directive make no provision for a review procedure within the meaning of Article 6 of that directive, Member States may exclude those bodies or institutions from that definition.

46 However, that provision was intended to deal with the specific situation of certain national authorities, and in particular authorities acting in an administrative capacity, whose decisions, at the date of adoption of Directive 2003/4, could not, according to the national law in force in certain Member States, be subject to review in accordance with the requirements of that directive.

I was wondering if you could provide the document or documents that list or describe the "certain national authorities" referred to by the Court in relation to the derogation for bodies for which there is no review mechanism from the scope of the definition of "Public authority" in Directive 2003/4/EC of the European Parliament and the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC.

I couldn't identify this in the travaux preparatoires on EurLex, perhaps there is a reference in the Commission's legal submissions in the case or elsewhere.

I would be grateful for whatever assistance you can offer to identify these national authorities.

Yours faithfully,

Fred Logue

Direction générale de l’environnement

4 Attachments

Dear Mr Logue,

Thank you for your request for access to documents.

Unfortunately you have not indicated your postal address that is required
for registering and handling your request in line with the procedural
requirements. Please send us your full postal address at your earliest
convenience. Pending your reply, we reserve the right to refuse the
registration of your request.

You may, of course, use directly the electronic form for entering your
request:
[1]http://ec.europa.eu/transparency/regdoc/...

Best regards,

 

DG ENVIRONMENT

ACCESS TO DOCUMENTS TEAM

 
[2]cid:image001.gif@01D0EB13.FFE86270
European Commission
DG Environment
Directorate E-Implementation & Support to Member States

Unit E4 - Compliance & Better Regulation

B-1049 Brussels/Belgium

 

Website: [3]http://ec.europa.eu/environment

Follow us on:
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Dear Environment,

Thank, my full postal address is

Fred LOGUE
8/10 Coke Lane
Smithfield
Dublin 7
D07 EN27
Ireland

Yours faithfully,

Fred Logue

Direction générale de l’environnement

4 Attachments

Dear Sir,

 

Thank you for your e-mail dated 28/01/2019. We hereby acknowledge receipt
of your application for access to documents, which was registered on
29/01/2019 under reference number GestDem 2019/0534.

 

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
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Yours faithfully,

 

ELC

DG ENVIRONMENT

ACCESS TO DOCUMENTS TEAM

 
[1]cid:image001.gif@01D0EB13.FFE86270
European Commission
DG Environment
Directorate E-Implementation & Support to Member States

Unit E4 - Compliance & Better Regulation

B-1049 Brussels/Belgium

 

Website: [2]http://ec.europa.eu/environment

Follow us on:
[3]cid:image001.jpg@01D2723E.68BD2210 [4]cid:image002.jpg@01D2723E.68BD2210 [5]cid:image003.png@01D2723E.68BD2210

 

 

 

 

 

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