Judgment_paragraph 18 · Cruciano Siragusa v Regione Sicilia — Soprintendenza Beni Culturali e Ambientali di Palermo (C-206/13)

18Nevertheless, the European Commission has examined the various texts referred to by the referring court, making the following comments:— Decision 2005/370 merely incorporates the Aarhus Convention into the EU legal order: it is an EU measure which does not stand in need of reception at national level in the Member States;— Regulation No 1367/2006 is addressed, not to the Member States, but to the EU institutions, and has no connection with the facts in the main proceedings; nor, a fortiori, does it have any connection with Legislative Decree No 42/04;— the same is true of Directive 2003/4 on public access to environmental information;— there is nothing in the case-file to suggest that Directive 2011/92 is relevant to the dispute before the referring court, given that the fact that no environmental impact assessment was undertaken in respect of the work carried out by Mr Siragusa does not seem to raise any issues regarding compliance with that directive;— the obligations laid down in Articles 3(3) TEU and 21(2)(f) TEU are incumbent upon the European Union, not the Member States;— Article 4(2)(e) TFEU concerns the distribution of powers between the Member States and the European Union and appears in the part of that treaty which is dedicated to principles;— the obligation laid down in Article 11 TFEU, too, is incumbent upon the European Union;— the obligations laid down in Article 114 TFEU are incumbent upon the EU institutions, not the Member States; and— even assuming that the national legislation at issue in the main proceedings falls within the scope of EU law by reason of the reference made to Article 191 TFEU, the Court has already had occasion to state that, since that provision is directed at action at EU level, it cannot be relied on as such by individuals in order to exclude the application of national legislation in an area covered by environmental policy for which there is no EU legislation adopted on the basis of Article 192 TFEU that specifically covers the situation in question (Case C-378/08 ERG and Others [2010] ECR I-1919, paragraph 46).