8 Amendments of Jean-François JALKH related to 2016/2251(INI)
Amendment 5 #
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the Environmental Liability Directive (ELD) to be revised as soon as possible; maintains that the remediation of environmental damage will very likely be one of the main issues for liability law in the 21st century;
Amendment 16 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that traditional civil law liability arrangements barely lend themselves to environmental liability, given the nature of what is at stake;
Amendment 26 #
Draft opinion
Paragraph 3
Paragraph 3
3. In the context of a review of the ELD, considers it paramount to extend strict liability to non-Annex III activities for all environmental damage in order to render the legislation more effective; points out that court rulings have to be consistent, as it might otherwise seem that that jurisdictions were setting precedents clashing from one case to the next;
Amendment 34 #
Draft opinion
Paragraph 4
Paragraph 4
4. In the context of a review of the ELD, calls on the Commission to also imposeencourage the emergence of liability for damage caused to human health and the environment; considers that doing so would bring the ELD into line with other EU legislation based on the protection of human health and the environment;
Amendment 37 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls furthermore for the removalstrict regulation of the options for granting permit defence and state-of-the art defences in order to create a level playing field and promote the polluter pays principle;
Amendment 41 #
Draft opinion
Paragraph 6
Paragraph 6
6. Recommends that the option of requiring subsidiary state liability is made mandatory in order to ensure effective and proactive implementation of the legislation; considers that when an operator who has caused damage cannot meet the claims for compensation, it should be permissible to fall back on the State, but that this must not, under any circumstances, burden taxpayers with extra taxes or charges;
Amendment 48 #
Draft opinion
Paragraph 7
Paragraph 7
7. In the context of a review of the ELD, restates its preference for mandatory financial security for operators; calls on the Commission to assess the possibility of working towards differentiated maximum liability thresholds for activities and to come forward with proposals to supplement this with an EU-wideby promoting an international fund designed to address remediation costs beyond the mandatory financial security;
Amendment 55 #
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to ensure that the ELD adequately supports efforts to attain the objectives of the EU Birds and Habitats Directives; insists that the authorities responsible for environmental inspections are involved in the implementation and enforcement of environmental liability law; believes that the Commission should also take into account the administrative burden entailed for Member States, even though the environment is an area in which they share competence with the EU.