8 Amendments of Bas EICKHOUT related to 2022/0051(COD)
Amendment 158 #
Proposal for a directive
Recital 25
Recital 25
(25) In order to achieve a meaningful contribution to the sustainability transition, due diligence under this Directive should be carried out with respect to adverse human rights impact on protected persons resulting from the violation of one of the rights and prohibitions as enshrined in the international conventions as listed in the Annex to this Directive. In order to ensure a comprehensive coverage of human rights, a violation of a prohibition or right not specifically listed in that Annex which directly impairs a legal interest protected in those conventions should also form part of the adverse human rights impact covered by this Directive, provided that the company concerned could have reasonably established the risk of such impairment and any appropriate measures to be taken in order to comply with the due diligence obligations under this Directive, taking into account all relevant circumstances of their operations, such as the sector and operational context. Due diligence should further encompass adverse environmental impacts resulting from the violation of one of the prohibitions and obligations pursuantestablished under EU and international environmental law, including, but not limited to the international environmental conventions listed in the Annex to, Part II of this Directive.
Amendment 311 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental and climate impact’ means an adverse impact on the environment or climate resulting from theany violation of one of the prohibiinternationsal and obligations pursuant toEuropean environmental standards enshrined, including but not limited to, in the international environmental conventions and Union legislation listed in the Annex, Part II;
Amendment 794 #
Proposal for a directive
Annex I – Part II – subheading 1
Annex I – Part II – subheading 1
violations of EU and internationally recognized objectives and prohibitions included in environmental conventionsand climate conventions and Union legislation
Amendment 800 #
Proposal for a directive
Annex I – Part II – point 1 a (new)
Annex I – Part II – point 1 a (new)
1a. Violation of European environmental principles as defined in Article 191 TFEU; Violation of one of the universally binding rules of customary international environmental law including but not limited to: (a) the obligation not to cause significant damage to the environment (prevention principle); (b) the principle that lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation (precautionary approach); (c) the obligation to carry out an environmental impact assessment for activities likely to have a significant adverse impact on the environment; (d) the approach that the polluter should, in principle, bear the cost of pollution (polluter-pays principle)
Amendment 802 #
Proposal for a directive
Annex I – Part II – point 12 a (new)
Annex I – Part II – point 12 a (new)
12a. Violation of the obligation to take all measures consistent with the UN Convention on the Laws of the Sea (UNCLOS) that are necessary to prevent, reduce and control pollution of the marine environment from any source, using for this purpose the best practicable means at their disposal and in accordance with their capabilities, in line with Article 194(1) of UNCLOS, and that shall include, inter alia, those designed to minimise to the fullest possible extent: (a) the release of toxic, harmful or noxious substances, especially those which are persistent, from land-based sources, from or through the atmosphere or by dumping pursuant to Article 194 (3) (a) of UNCLOS; (b) pollution from vessels, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, preventing intentional and unintentional discharges pursuant to Article 194 (3) (b) of UNCLOS; (c) pollution from installations and devices used in exploration or exploitation of the natural resources of the seabed and subsoil, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea pursuant to Article 194 (3) (c) of UNCLOS; (d) pollution from other installations and devices operating in the marine environment, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea pursuant to Article 194 (3) (d) of UNCLOS.
Amendment 803 #
Proposal for a directive
Annex I – Part II – point 12 b (new)
Annex I – Part II – point 12 b (new)
12b. Violation of the rights of access to information, public participation in decision making and access to justice in environmental matters in accordance with, in particular, Articles 4, 6, and 9 of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) as well as Articles 5, 7, and 8 of the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement). Violation of the obligation to ensure that persons, groups and organizations that promote and defend human rights in environmental matters relating to a company’s value chain are able to act free from threat, restriction and insecurity and are not penalized, persecuted or harassed in any way for their involvement, in accordance with Article 9 of the Escazú Agreement as well as Article 3 (8) of the Aarhus Convention
Amendment 804 #
Proposal for a directive
Annex I – Part II – point 12 c (new)
Annex I – Part II – point 12 c (new)
Amendment 805 #
Proposal for a directive
Annex I – Part II – point 12 d (new)
Annex I – Part II – point 12 d (new)