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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

article  11

CELEX:  02006R1367-20230429

Criteria for entitlement at Union ◄ level
1. A non-governmental organisation shall be entitled to make a request for internal review in accordance with Article 10, provided that:
(a) it is an independent non-profit-making legal person in accordance with a Member State's national law or practice;
(b) it has the primary stated objective of promoting environmental protection in the context of environmental law;
(c) it has existed for more than two years and is actively pursuing the objective referred to under (b);
(d) the subject matter in respect of which the request for internal review is made is covered by its objective and activities.
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

article  11

CELEX:  02006R1367-20230429

1a. A request for internal review may also be made by other members of the public, subject to the following conditions:
(a) they shall demonstrate impairment of their rights caused by the alleged contravention of Union environmental law and that they are directly affected by such impairment in comparison with the public at large; or (b) they shall demonstrate a sufficient public interest and that the request is supported by at least 4 000 members of the public residing or established in at least five Member States, with at least 250 members of the public coming from each of those Member States. In the cases referred to in the first subparagraph, the members of the public shall be represented by a non-governmental organisation which meets the criteria set out in paragraph 1 or by a lawyer authorised to practise before a court of a Member State. That non-governmental organisation or lawyer shall cooperate with the Union institution or body concerned in order to establish that the quantitative conditions in point (b) of the first subparagraph are met, where applicable, and shall provide further evidence thereof upon request.
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

article  11

CELEX:  02006R1367-20230429

2. The Commission shall adopt the provisions which are necessary to ensure that the criteria and conditions mentioned in paragraph 1 and the second subparagraph of paragraph 1a are applied in a transparent and consistent manner.