9 Amendments of Daniel BUDA related to 2020/2027(INI)
Amendment 19 #
Motion for a resolution
Recital B
Recital B
B. whereas the ELD coexists with other liability instruments and provisions, both at EU and Member State level; whereas incidents that give rise to ELD liabilities may trigger criminal, civil or administrative proceedings in parallel, creating legal uncertainty and insecurity both for the companies concerned and for potential victims;
Amendment 20 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the Commission's 2016 environmental responsibility report indicates that, notwithstanding the benefits of ELD in efforts to improve legal coherence at EU level, we are still faced with regulatory fragmentation in this area and a lack of uniformity in legal and practical terms; 1a
Amendment 27 #
Motion for a resolution
Recital D
Recital D
D. whereas the Commission’s 2016 report on environmental liability advised all Member States to undertake to ‘record data on ELD incidents and publish ELD registers if they have not done so already’14; whereas, despite this, only seven Member States have a register for ELD cases that is publicly available, while four other Member States have a register that is not public; whereas several Member States collect information covered by other pieces of EU legislation, but not specifically by the ELD, or have registers with a broader or different scope, and whereas several Member States collect data at regional level; whereas 14 Member States have no database of environmental incidents or ELD cases; _________________ 14 COM(2016)0204, p.10.whereas ELD implementation will therefore require a high degree of flexibility on the part of the Member States;
Amendment 31 #
Motion for a resolution
Recital G
Recital G
G. whereas operator insolvency as a consequence of major accidents remains a problem in the EU; whereas the Commission should analyse existing national and regulatory frameworks and adopt a harmonised EU approach with a view to shielding taxpayers from the consequences of a company's insolvency;
Amendment 38 #
Motion for a resolution
Recital H
Recital H
H. whereas in some cases, although corporate board members are aware of activities with a high risk of causing environmental damage, but put profit abovetheir decision making remains essentially profit-oriented at the expense of responsible behaviour;
Amendment 40 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas an ELD review should necessarily seek to strike a balance between corporate concerns and environmental protection;
Amendment 45 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Observes that the discretionary powers set out in the ELD, the elements of flexibility and the weak mechanisms for securing compliance and effective governance at national, regional and local level have led to implementation deficiencies, considerable variability between Member States inregarding ELD enforcement and compliance levels and especially regarding the number of cases, and an uneven playing field for operators; is therefore of the opinion that additional efforts are required to ensure regulatory standardisation in the EU and increased public confidence in the effectiveness of EU laws, thereby making it possible to prevent and remedy environmental damage more effectively and strike the right balance between corporate concerns and environmental protection;
Amendment 60 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that reliable data on environmental incidents giving rise to the application of the ELD or other administrative, civil or criminal instruments should be collected; calls on the European Commission, together with a team of national and/or European experts and other stakeholders in this field, to assess the situation accordingly in order to establish whether a combination of different legal instruments could adequately respond to environmental harm, or whether serious gaps still exist that need to be remedied;
Amendment 66 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the ELD to be revised as soon as possible and to be transformed into a fully harmonised regulation in order to achieve a level playing field for EU industry, prevent and remedy environmental damage more effectively and strike a better balance between corporate concerns and environmental protection; calls on the Commission to identify the right approach to the problem of company insolvency in the EU as a consequence of major accidents, thereby relieving taxpayers of the environmental costs in such an event;