2016/2054(INI) | [ParlTrack]

Motion for a resolution
Citation 4

~~– having regard to the EU textual proposal for a trade and sustainable development chapter in the Transatlantic Trade and Investment Partnership (TTIP), in particular Articles 10 to 16 thereof,~~deleted

Amendment 10 #

Motion for a resolution
Recital A a (new)

Aa. whereas the uncontrolled and excessive use of wild animal and plant species represents the second most serious threat to their survival in the wild, immediately following the destruction of habitats;

Amendment 11 #

Motion for a resolution
Recital A b (new)

Ab. whereas according to estimates, the illegal trade in wild flora and fauna is the fourth most profitable area of criminal activity, with an estimated turnover of as much as EUR 20 billion;

Amendment 12 #

Motion for a resolution
Recital C

C. whereas terrorist networks are suspected of sourcing financing from the illegal wildlife trade, generating significant profits with these illicit activities that play a leading role worldwide;

Amendment 13 #

Motion for a resolution
Recital C

C. whereas wildlife trafficking contributes to fuelling conflicts and terrorist networks are suspected of sourcing financing from the illegal wildlife trade;

Amendment 14 #

Daniel CASPARY

Motion for a resolution
Recital C

C. whereas terrorist networks are suspected of sourcing financing inter alia from the illegal wildlife trade;

Amendment 15 #

Motion for a resolution
Recital D a (new)

Da. whereas the European Union is currently a destination market for these species, a hub for transit to other regions, and also an area from which certain species are sourced for illegal trade;

Amendment 16 #

Motion for a resolution
Recital D a (new)

Da. whereas ensuring the engagement and benefit of rural communities from source countries in wildlife conservation is essential to tackle the root causes of illegal wildlife trafficking

Amendment 17 #

Motion for a resolution
Recital D a (new)

Da. whereas wildlife cybercrime poses a serious threat to endangered wildlife species, including elephants, rhinos, reptiles, birds and giraffes

Amendment 18 #

Motion for a resolution
Recital D b (new)

Db. whereas trade policy allied to development cooperation can represent a strong motor for economic growth in developing countries;

Amendment 19 #

Motion for a resolution
Recital E

E. whereas wild flora and fauna constitute a natural heritage of aesthetic, scientific, cultural, recreational, economic and intrinsic value that must be preserved and handed down to future generations;deleted

Amendment 2 #

Motion for a resolution
Citation 4

Amendment 20 #

Motion for a resolution
Recital E a (new)

Ea. whereas increases in illegal trade in numerous species of flora and fauna results in loss of biodiversity and ecosystem destruction, with increasing numbers becoming vulnerable or even extinct;

Amendment 21 #

Motion for a resolution
Recital F

Amendment 22 #

Franz OBERMAYR

Motion for a resolution
Recital F

F. whereas sustainable wildlife trade can be of crucial importance to certain marginalised communities, which rely on legal frameworks in order to conserve local resources and contribute to poverty reduction, while not ex ante opposing the possible positive contribution of sustainable trophy hunting to this aim;

Amendment 23 #

Motion for a resolution
Recital F a (new)

Fa. whereas wildlife cybercrime poses serious threat to endangered wildlife species, including elephants, rhinos, reptiles, amphibians and birds.

Amendment 24 #

Motion for a resolution
Paragraph 1

1. Observes with serious disquiet recent increases in wildlife trafficking and wildlife crime, which if not halted and reversed threaten to have serious and permanent consequences ~~for~~as regards preserving biodiversity and environmental ~~degradation~~sustainability;

Amendment 25 #

Motion for a resolution
Paragraph 1 a (new)

1a. Expresses concern at the fact that it is the EU which, alongside the USA, makes up the greatest marketplace for illegal products of the trade in protected flora and fauna;

Amendment 26 #

Motion for a resolution
Paragraph 3

3. Believes that increased economic development stemming from integration into global markets and the use of natural resources for purposes of sustainable economic development are not mutually exclusive,deleted

Amendment 27 #

Motion for a resolution
Paragraph 3

3. Believes that increased economic development, stemming from integration into global markets and the use of natural resources for the purposes of sustainable economic development are not mutually exclusive, but rather should be seen as mutually enforcing;

Amendment 28 #

Motion for a resolution
Paragraph 4

4. Strongly supports, therefore, an approach towards wildlife issues that not only upholds the EU and its trading partners' environmental protection objectives ~~of the EU and its trading partners~~, but also allows for the creation of sustainable and legal frameworks ~~that~~for the development of legal trade frameworks which strengthen the positive contribution of trade policy to sustainable development;

Amendment 29 #

Motion for a resolution
Paragraph 4

4. Strongly supports, therefore, an approach towards wildlife issues that not only upholds the environmental protection objectives of the EU and its trading partners but also allows for the creation of sustainable and legal frameworks that strengthen the ~~positive contribution of trade~~ policy to sustainable development;

Amendment 3 #

Motion for a resolution
Citation 6

– having regard to the General Agreement on Tariffs and Trade (GATT), in particular Articles XX(a) and (g) thereof,

Amendment 30 #

Motion for a resolution
Paragraph 4 a (new)

4a. Underlines, in particular, that the EU remains a significant destination market and transit route for illicit wildlife products;

Amendment 31 #

Motion for a resolution
Paragraph 4 b (new)

4b. Welcomes the EU Action Plan against Wildlife Trafficking, which will play a crucial role in combating the alarming rise in the highly lucrative illegal trade in wildlife which destabilises economies and communities that depend on wildlife for their livelihood and threatens the peace and security of fragile regions of EU trade partners by strengthening illicit routes;

Amendment 32 #

Motion for a resolution
Paragraph 5

5. Believes that only an integrated approach to wildlife crime can ultimately be successful in curtailing and eliminating the illegal trade, and that the EU must lead efforts in tackling not only supply-side issues, including development issues on the ground in third countries, but also demand for illegal products in domestic markets;, including online platforms.

Amendment 33 #

Motion for a resolution
Paragraph 5

5. Believes that only an integrated approach to wildlife crime can be ultimately be successful in curtailing and eliminating the illegal trade, and that the EU must lead efforts in tackling not only supply- side issues, including development issues on the ground in third countries, but also demand for illegal products in domestic markets, including online platforms;

Amendment 34 #

Motion for a resolution
Paragraph 5

Amendment 35 #

Motion for a resolution
Paragraph 6

6. Recalls that under WTO law, countries are permitted to introduce exceptions to the general rules of the GATT in Article XX(g) in order to regulate exhaustible natural resources and in Article XX(a) in order to protect public morality; underlines that the WTO Appellate Body has broadly interpreted ~~this~~'exhaustible natural resources' to include living species that may be vulnerable to depletion, and that WTO jurisprudence has specifically evidenced inclusion of species in CITES annexes as evidence of their exhaustibility; underlines also that the WTO Appellate Body has broadly interpreted 'public morality' to include concerns regarding animal protection;

Amendment 36 #

Motion for a resolution
Paragraph 6

6. Recalls that under WTO law, countries are permitted to introduce exceptions to the general rules of the GATT in Article XX(g) in order to regulate exhaustible natural resources and Article XX(a) to protect public morals;; underlines that the WTO Appellate Body has broadly interpreted this to include living species that may be vulnerable to depletion, and that WTO jurisprudence has specifically evidenced inclusion of species in CITES annexes as evidence of their exhaustibility;

Amendment 37 #

Motion for a resolution
Paragraph 6 – subparagraph 1 (new)

Welcomes the EU efforts in the WTO to reduce harmful fishing subsidies, which can undermine the sustainable management of fisheries and endanger the conservation of species like turtles, sharks, seabirds and marine mammals;

Amendment 38 #

Motion for a resolution
Paragraph 8 a (new)

8a. Welcomes the positive role played by non-governmental organisations in the fight against the illegal trade in wild flora and fauna, both in the EU and on the territory of the third countries in which those wild flora and fauna originate;

Amendment 39 #

Motion for a resolution
Subheading 3

Customs and online trade

Amendment 4 #

Motion for a resolution
Citation 6

– having regard to the General Agreement on Tariffs and Trade (GATT), in particular Article XX(a) and (g) thereof,

Amendment 40 #

Motion for a resolution
Paragraph 9 – subparagraph 1 (new)

Considers that online wildlife crime poses a serious threat to endangered animals including elephants, rhinos, amphibians, reptiles and birds and that governments, companies and non-governmental organisations should work together against this.

Amendment 41 #

Motion for a resolution
Paragraph 9 a (new)

9a. Considers that the customs dimension of the European Union's Action Plan should be further strengthened, with regard to both cooperation with partner countries and better and more effective implementation within the Union; looks forward, therefore, to the Commission's 2016 review of the implementation and enforcement of the EU's current legal framework, and asks for this review to include an assessment of customs procedures;

Amendment 42 #

Motion for a resolution
Paragraph 9 a (new)

9a. Calls on the Commission to investigate to what extent EU legislation on wildlife trade is uniformly applied in different EU customs by operators responsible for controls;

Amendment 43 #

Motion for a resolution
Paragraph 9 b (new)

9b. Calls on the Commission and Member States to work on information sharing and capacity building, including specific training, for custom operators;

Amendment 44 #

Motion for a resolution
Paragraph 10

10. Highlights the importance of ensuring the private sector’s involvement in the fight against wildlife trafficking, including the engagement of online marketplaces and social media;

Amendment 45 #

Motion for a resolution
Paragraph 10 a (new)

10a. Calls for stricter controls by cargo shipping agencies and airlines, that are well placed to recognise illegal wildlife trade;

Amendment 46 #

Motion for a resolution
Paragraph 11

11. Welcomes workable solutions that, when integrated into existing supply chain and trade management systems, will allow the private sector to play a role as a true partner to governments and international bodies; stresses, however, that this should be underpinned by the promotion of binding corporate social responsibility standards inter alia via the common commercial policy; considers that these standards are of particular importance within transport networks;

Amendment 47 #

Motion for a resolution
Paragraph 11

Amendment 48 #

Motion for a resolution
Paragraph 11 a (new)

11a. Welcomes emerging collaborative zero tolerance approaches between wildlife trade experts and logistics companies; considers that the Commission should reflect on how best to ensure that relevant legal framework can better address risks related to e-commerce and online and offline commercial advertising;

Amendment 49 #

Motion for a resolution
Paragraph 11 a (new)

11a. Stresses the crucial role played by non-governmental organisations within the domestic advisory groups foreseen under EU free trade agreements to monitor the implementation of the trade and sustainable development provisions.

Amendment 5 #

Motion for a resolution
Citation 6

– having regard to the General Agreement on Tariffs and Trade (GATT), in particular Article XX(a) and (g) thereof,

Amendment 50 #

Motion for a resolution
Paragraph 11 a (new)

11a. Recognises the role civil society organisations can play in supporting the fight against wildlife trafficking, including awareness-raising and the reduction in demand for wildlife products

Amendment 51 #

Emma McCLARKIN, Christofer FJELLNER

Motion for a resolution
Paragraph 11 a (new)

11a. Recognises the role civil society organisations can play in supporting the fight against wildlife trafficking both in Europe and in third countries;

Amendment 52 #

Motion for a resolution
Paragraph 11 b (new)

11b. Welcomes the United for Wildlife Transport Taskforce Buckingham Palace Declaration of March 2016 which aims to involve private sector actors in addressing vulnerabilities of transportation and customs which are exploited by traffickers, as well as to improve information sharing along the length of global supply chains and trade routes;

Amendment 53 #

Motion for a resolution
Paragraph 11 b (new)

11b. Calls on the Commission and Member States to engage with non- governmental organisations in reducing trafficking and demand of wildlife products, among others, by means of campaigns aimed at raising awareness especially in countries where this demand is higher;

Amendment 54 #

Motion for a resolution
Paragraph 11 c (new)

11c. Recalls the continuing challenges of changing consumer behaviour and the crucial role of NGOs in awareness raising of issues pertaining to the challenge of combating the illegal wildlife trade;

Amendment 55 #

Motion for a resolution
Paragraph 12

12. Considers that in the existing domestic legal framework ~~remains sufficient at this stage, and that the~~the key challenge for EU Member States remains implementation and enforcement of the existing rules,: r~~ath~~ecognises, however, tha~~n wholesale legal changes that could, rather, create instability and further problems with implementation;~~t supplementary legislative provisions are needed in order to prohibit the making available and placing on the market, transport, acquisition and possession of wildlife that has been illegally harvested or traded in third countries; considers that the current legal framework should be updated in order to better address risks related to e-commerce and online and off- line commercial advertising

Amendment 56 #

Motion for a resolution
Paragraph 12

12. Considers that the existing domestic legal framework ~~remains sufficient at this stag~~is adequate, and that the challenge and priority for EU Member States ~~remain~~, at this stage, is implementation of the existing rules~~, rath~~; recognises, however, tha~~n wholesale legal changes that could, rather, create instability and further problems with implementation~~t supplementary provisions, akin to the US Lacey Act, are needed in order to prohibit the making available and placing on the market, transport and acquisition of wildlife that has been illegally harvested or traded in third countries;

Amendment 57 #

Motion for a resolution
Paragraph 12

12. Considers that the existing domestic legal framework ~~remains sufficient at this stage~~is sound, and that the challenge for EU Member States remains the implementation and enforcement of the existing rules~~, rather than wholesale legal changes that could, rather, create instability and further problems with implementation~~; nevertheless, strongly believes that supplementary legislative provisions are needed in order to prohibit the making available and placing on the market, transport, acquisition and possession of wildlife that has been illegally harvested or traded in third countries;

Amendment 58 #

Motion for a resolution
Paragraph 12

12. Considers that the existing domestic legal framework ~~remains~~is not sufficient a~~t this stage, and~~nd stresses, however, that the key challenge for EU Member States remains mainly implementation ~~of the existing rules, rather than wholesale legal changes that could, rather, create instability and further problems with implementation;~~and enforcement of the existing rules.

Amendment 59 #

Motion for a resolution
Paragraph 12 a (new)

12a. Calls on the Commission to adopt new legislation to prohibit wildlife that has been illegally harvested or traded in third countries from transiting through or entering the EU market as well as the acquisition and possession of such products.

Amendment 6 #

Motion for a resolution
Citation 8 a (new)

– having regard to the outcomes of the Hanoi Conference on Illegal Wildlife Trade

Amendment 60 #

Motion for a resolution
Paragraph 12 a (new)

12a. Supports the approach that includes in future EU trade agreements provisions aimed at tackling wildlife trafficking;

Amendment 61 #

Motion for a resolution
Paragraph 12 b (new)

12b. Calls for an EU ban on trade, export or re-export within and outside the EU of ivory products, including 'pre- Convention' ivory in full compliance with WTO law;

Amendment 62 #

Daniel CASPARY

Motion for a resolution
Paragraph 13

13. Welcomes the Commission’s proposal for a chapter on trade and sustainable development in TTIP, as part of its ongoing commitment to ensure sustainable development; ~~notes that up till now the US has sought in its trade agreements, notably the Trans-Pacific Partnership (TPP), to negotiate higher standards covering trade in wildlife than the EU has;~~

Amendment 63 #

Motion for a resolution
Paragraph 13

13. Welcomes the Commission’s proposal for a chapter on trade and sustainable development in TTIP, as part of its ongoing commitment to ensure sustainable development; notes that up till now the US has sought in its trade agreements, notably the Trans-Pacific Partnership (TPP), to negotiate higher standards covering trade in wildlife than the EU has; including by limiting fishery subsidies; stresses that robust provisions on wildlife protection should be negotiated in TTIP as well as in all future EU free trade agreements.

Amendment 64 #

Motion for a resolution
Paragraph 13

13. ~~Welcome~~Suggests the Commission~~’s proposal for a~~ to include chapters on trade and sustainable development in ~~TTIP~~all trade agreements under negotiations, as part of its ongoing commitment to ensure sustainable development~~; notes that up till now the US has sought in its trade agreements, notably the Trans-Pacific Partnership (TPP), to negotiate higher standards covering trade in wildlife than the EU ha~~ including wildlife conservation and animal welfare protection; believes, however, that including wildlife conservation in the sustainable development chapter of a trade agreement must not preclude the inclusion of animal protection provisions in other chapters of future trade agreements;

Amendment 65 #

Motion for a resolution
Paragraph 13

13. ~~Welcomes~~Calls on the Commission~~’s proposal for a chapter on trade and sustainable development in TTIP, as part of its ongoing~~ to include wildlife protection provisions and commitments to ~~ensure sustainable development; notes that up till now the US has sought in its~~proper implementation of Multilateral Environmental Agreements in all future trade agreements~~, notably~~ as part of the Ttra~~ns-Pacific Partnership (TPP), to negotiate higher standards covering trade in wildlif~~de and sustainable development chapters; stresses the importance of making the provisions of these tcha~~n the EU has~~pters enforceable;

Amendment 66 #

Motion for a resolution
Paragraph 13 a (new)

13a. Welcomes the EU's more ambitious approach on wildlife protection in the EU-Vietnam free trade agreement, which includes not only commitments to the proper implementation of and enforcement of MEAs such as CITES, CBD and ICRW but also provisions related to trade capacity building, information exchange and awareness raising; considers, however, that such provisions should be subject to the general dispute settlement mechanism foreseen under the agreement in order to ensure their effective compliance.

Amendment 67 #

Motion for a resolution
Paragraph 13 a (new)

13a. Welcomes the inclusion of provisions ensuring the conservation and sustainable use of biological diversity in the EU-Vietnam Free Trade Agreement (FTA); calls on the Commission to ensure that sustainable development chapters of all new trade agreements include provisions relating to trade capacity building, information exchange and awareness-raising in combating illegal wildlife trade; and urges the Union and Member States to guarantee their proper implementation;

Amendment 68 #

Motion for a resolution
Paragraph 13 a (new)

13a. Emphasise the importance of making sustainable development chapters in trade agreements enforceable by submitting them to State to State dispute settlement provisions and to foresee a similar mechanism that can be triggered by Civil Society Organisations;

Amendment 69 #

Motion for a resolution
Paragraph 14

14. Supports the approach, as outlined in the Trade for All Strategy, of including anti-corruption provisions in future trade agreements, given the known role that corruption plays in facilitating the illegal wildlife trade, as well as the EU’s commitment to implementing trade policies that promote sustainable development, which will help to achieve the global goals agreed as part of the 2030 Agenda for Sustainable Development;

Amendment 7 #

Motion for a resolution
Citation 12 a (new)

– having regard to the outcome of the 2016 IUCN World Conservation Congress in Hawai’i

Amendment 70 #

Motion for a resolution
Paragraph 14 a (new)

14a. Encourages the Commission to take notice of the US provisions to make it an offence to trade in species taken in violation of the national legislation of third countries.

Amendment 71 #

Motion for a resolution
Paragraph 15

15. Supports an approach to EU trade policy that not only prioritises the issue of combating the illegal wildlife trade but includes in all future agreements provisions aimed at its reduction and ultimate elimination, along with robust and effective complementary measures, with particular regard to training, prevention and the application of sanctions in the field of forest management, health and customs;

Amendment 72 #

Motion for a resolution
Paragraph 15

15. Supports an approach to EU trade policy that not only prioritises the issue of combating the illegal wildlife trade but includes in all future agreements provisions aimed at its reduction and ultimate elimination and which should be subject to the general dispute settlement mechanism foreseen under the agreements;

Amendment 73 #

Motion for a resolution
Paragraph 15

15. Supports an approach to EU trade policy that not only prioritises the issue of combating the illegal wildlife trade but includes in all future agreements binding and enforceable provisions aimed at its reduction and ultimate elimination;

Amendment 74 #

Motion for a resolution
Paragraph 16

16. Underlines that nothing in EU trade policy should prevent the EU or its trading partners from taking decisions that are necessary for the ~~promotion of~~ protection of wildlife and natural resources, provided that such measures continue to be in pursuit of legitimate public policy objectives and do not represent arbitrary or unjustifiable discrimination;

Amendment 75 #

Motion for a resolution
Paragraph 16

Amendment 76 #

Motion for a resolution
Paragraph 17

17. Believes there is no ‘one size fits all’ solution to global wildlife sustainability and combatting the illegal trade; recalls in this light the need to ensure full flexibility and to share information, data and best practice, particularly at the level of local and regional authorities and between Member States and third countries, in order to facilitate dialogue with a view to enhanced cooperation, bearing in mind the cross-border nature of this type of infringement;

Amendment 77 #

Franz OBERMAYR

Motion for a resolution
Paragraph 17

17. Believes there is no ‘one size fits all’ solution to global wildlife sustainability and combatting the illegal trade; recalls in this light the need to ensure full flexibility and to share information, data and best practice; stresses however the overwhelming importance of cooperation with regional and local institutions and administrative bodies in order to maximize the efficiency of the envisaged measures;

Amendment 78 #

Motion for a resolution
Paragraph 18

18. Recommends that EU Member States consider policy solutions that would allow for the elimination of all remaining legal loopholes that could facilitate the ‘laundering’ of illegally sourced wildlife and wildlife products; recommends, further, that exhaustive monitoring be carried out in this connection and that efficient use be made of existing resources and agencies in order to achieve this objective;

Amendment 79 #

Motion for a resolution
Paragraph 18 a (new)

18a. Calls for the full and immediate ban at European level of trade, export or re-export within and outside the EU of ivory, including 'pre-Convention' ivory in a manner compliant with WTO law;

Amendment 8 #

Motion for a resolution
Citation 19 a (new)

– having regard to the outcomes of the Hanoi Conference on Illegal Wildlife Trade

Amendment 80 #

Motion for a resolution
Paragraph 18 a (new)

18a. Stresses the importance of making the commitments of trade and sustainable development chapters enforceable by submitting them to judicial scrutiny.

Amendment 81 #

Franz OBERMAYR

Motion for a resolution
Paragraph 19

19. Demands that sufficient resources are committed for policies and measures designed to meet the EU’s objectives in terms of combatting the illegal wildlife trade, which includes resources for third countries in terms of capacity-building, in particular for customs procedures, authorities, transparency ~~and~~, good governance and especially anti-poaching measures;

Amendment 82 #

Motion for a resolution
Paragraph 19 a (new)

19a. Recommends that the Member States ban, with no exceptions, the trade in objects made from illegal wild flora and fauna; notes that in France, trading in ivory objects made earlier than 1975 is authorised, which leaves lots of room for manoeuvre for the falsification of documents for newly produced objects;

Amendment 83 #

Motion for a resolution
Paragraph 19 a (new)

19a. Asks that the Commission and Member States continue to work with all concerned actors to ensure an integrated approach that not only targets the sources of illegal wildlife and wildlife products but also acts to curtail demand and raise awareness in demand markets;

Amendment 84 #

Motion for a resolution
Paragraph 19 b (new)

19b. Asks that Member States and the Commission do more to ensure that the illegal criminal networks and syndicates active in illegal wildlife trade are targeted for disruption, elimination and prosecution, and that Member States ensure that the punishments and sentences reserved for wildlife crime are both proportionate and dissuasive and in line with commitments, where appropriate, as defined in the UN Convention against Transnational Organised Crime;

Amendment 85 #

Motion for a resolution
Paragraph 20 a (new)

20a. Considers that further opportunities for cooperation between the WTO and CITES should be explored, in particular in terms of offering technical assistance and capacity building on trade and environment matters to officials from developing countries; asks that the Commission continue to reflect on this as part of the post Nairobi discussions and future elements that will be considered at the next Ministerial Conference in Buenos Aires in 2017;

Amendment 9 #