22 Amendments of Jan-Christoph OETJEN related to 2020/2027(INI)
Amendment 9 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the global rise in environmental criminality is a growing threat to the achievement of the UN’s 2030 Agenda; calls for the recognition of the right to a healthy and sustainable environment at the UN level; Recognizes the need for and urges EU Member States to establish a mandatory, harmonised framework at Union level and to avoid strictly national efforts on Member State levels;
Amendment 12 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the global rise in environmental criminality is a growing threat to the achievement of the UN’s 2030 Agenda, in particular in developing countries; calls for the recognition of the right to a healthy and sustainable environment at the UN level;
Amendment 15 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that, according to the United Nations Environment Programme (UNEP) and Interpol, the monetary value of environmental crime is between USD 70 billion and USD 213 billion per year; stresses that illegal trade in animals and forest products mostly affects developing countries; calls on the EU to step up its support for these countries in combating illegal trafficking that affects the environment, deprives them of additional sources of income and hampers their social and economic development;
Amendment 16 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that people in developing countries are directly dependent on biodiversity for their food-, health- and economic security; deplores the fact that the degradation of biodiversity due to environmental crime and the resulting loss of resources increase their vulnerability;
Amendment 19 #
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the EU to makeensure accountability in the fight against environmental crime an overriding strategic politicald to make it a key priority in international judicial cooperation and for the EU institutions and COPs, notably by promoting compliance with MEAs through the adoption of criminal sanctions, through exchanges of best practices and by promoting the enlargement of the scope of the International Criminal Court to coverby enhancing environmental good governance and the establishment of a fair compliance mechanism and by promoting best practices on environmental protection through a dialogue with the private and public sector, local authorities in third countries and civil society, so as to find the best possible outcome and to criminalize acts that amount to ecocide;
Amendment 23 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the EU Biodiversity Strategy for 2030 and the priority given to the protection of fauna and flora in the negotiation of trade agreements with developing countries; recalls the European Commission’s commitment to revise the EU Action Plan against Wildlife Trafficking, notably illegal ivory trafficking; calls, in this connection, for the African elephant, threatened with extinction as a result of the illegal ivory trade, to be included in Annex 1 to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);
Amendment 24 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission and the Member States to set up protection schemes for the victims of environmental damage and to ensure their full access to justice, compensation and assistance;
Amendment 26 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes the European Commission’s proposal to improve the implementation of the Aarhus Convention and to address the concerns expressed by the Aarhus Convention Compliance Committee regarding the EU’s compliance with its international obligations under the Convention;
Amendment 27 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the European Commission and the Member States to promote the ratification of the Aarhus Convention with third countries (Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters) and to play an active role in the Task Force on Access to Justice for sharing of information, experiences and good practices of relevant jurisprudence with third countries;
Amendment 28 #
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Calls on the Commission and the Member States promote the principles of the Aarhus Convention in international organizations and international processes relating to the environment;
Amendment 40 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the efforts made by some leading enterprises and corporations on implementing voluntary measures on upholding human rights and environmental standards; Recognizes, however, that voluntary efforts do not suffice and that a comprehensive framework is vital to tackle environmental criminality and protect and uphold universal environmental standards;
Amendment 45 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Reiterates the need for a common regulatory framework that holds companies accountable but at the same time enables companies and consumers to make transparent decisions and has the ability to make use of the mechanisms of the free market in order to minimize violations of human rights and ecological and social standards in the future;
Amendment 46 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Recognises that the feasibility of a judicial framework for the criminalisation, penalisation and redress of environmental damages and crimes is linked to the technical ability of EU businesses and companies (including those operating from within the EU) to ensure that environmental standards are upheld throughout the entirety of their supply chain and in their partnership with companies and local authorities in third countries; Believes, therefore, that the EU must develop an inclusive approach to corporate liability, which regards the feasibility of seamless monitoring supply chains of companies and businesses of all particular sizes; insists on the necessity to create a level playing field for businesses and companies to uphold human rights and environmental standards which allows for the best possible freedom of action while ensuring accountability and due diligence; Considers it therefore vital to adopt a size-, risk based and sector- specific approach in the evaluation of further liability of companies for environmental damages;
Amendment 49 #
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that companies may abuse their limited liability to invest in hazardous industries through separate legal entities in order to externalise environmental costs; recalls the governance gap in global value chains; calls for the scope of strict liabilon the EU to further ensure that and encourage parent companies to take sustainable and responsible approaches to their cooperation wityh to be extended to parent companies to avoid the risk ofhird countries, in line with international human rights and environmental standards and to refrain from undertaking investment strategies that lead directly to morally hazardous outcomes;
Amendment 56 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the development of mandatory solvency guarantees to cover the ELD liabilities of companies inEncourages the development of insolvency and to search for an optimal mix between future EU legislation on mandatory environmental due diligence, and administrative, and civil and, criminal enforcement regimes aiming to address environmental harm;
Amendment 63 #
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses the need to improve access to justice for victims of environmental harm, i.e. through collective actions and redress mechanisms, primarilyin line with the UN Guiding Principles on Business and Human Rights (UNGPs) and including under a binding and enforceable UN treaty on business and human rights; calls on the Union and its Member States to push for the creation of an international independent authority in the field of environmental liability.;
Amendment 66 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7c. Stresses the crucial role of environmental defenders and civil society organisations in developing countries in preventing and combating environmentally damaging actions; recalls that these actors can face physical and psychological violence in many forms intended to suppress their actions; calls on the European Commission to strengthen the framework for their protection, in particular through financial instruments for development aid, in order to guarantee their rights and highlight their fight for the protection, preservation and restoration of the environment;
Amendment 67 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises the need for good governance to uphold and enforce applicable laws on liability of companies for environmental damages; Calls for an increased support to local authorities and governments of developing countries to harmonize domestic legislation and policies with international environmental standards in an effort to strengthen national enforcement relating to due diligence and corporate liability in third countries; Urges the need to tackle corruption and to hold governments, that use development or investment funding to tolerate or endorse environmental damages by state owned and private companies to account;
Amendment 70 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that environmental liability should be properly implemented and enforced to better preserve biodiversity resources, and make sure that any unlawful habitat conversion is reversed, and restoration costs are borne by the responsible entity;
Amendment 71 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recalls that there is but one ocean and that in terms of the services it provides to all humanity, it is a common good; recalls that Part 12 of the United Nations Convention on the Law of the Sea confers sovereign rights on States over their exclusive economic zones and freedom of navigation beyond areas under jurisdiction; recalls, however, that this does not relieve states, and consequently national actors, in particular companies acting at sea, of their responsibility for the preservation of marine and coastal ecosystems; stresses, in this regard, the importance of ensuring the environmental liability of companies for the risks associated with the exploitation of marine resources and maritime transport in the waters of developing countries;
Amendment 73 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Stresses the need to strengthen civil society and local actors in third countries and developing countries to hold government authorities accountable for state-tolerated or endorsed environmental damage by private and state-owned companies;
Amendment 76 #
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Supports the correct implementation of the ELD, by encouraging member states to record data on ELD incidents and publish ELD registers and gather the necessary data that can document that the application of the Directive in their country is effective and efficient;