2020/2027(INI) Liability of companies for environmental damage
Next event: Indicative plenary sitting date, 1st reading/single reading 2021/04/26 more...
Lead committee dossier:
Next event: Indicative plenary sitting date, 1st reading/single reading 2021/04/26 more...
- Vote in committee, 1st reading/single reading 2021/03/18
- Committee opinion 2021/01/29
- Committee opinion 2020/12/21
- Amendments tabled in committee 2020/12/18
- Committee opinion 2020/12/09
- Committee draft report 2020/11/30
Progress: Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | JURI | MANDERS Antonius ( EPP) | ROBERTI Franco ( S&D), KYUCHYUK Ilhan ( Renew), TOUSSAINT Marie ( Verts/ALE), BECK Gunnar ( ID), STANCANELLI Raffaele ( ECR), AUBRY Manon ( GUE/NGL) |
Committee Opinion | DEVE | ROOSE Caroline ( Verts/ALE) | Ryszard CZARNECKI ( ECR), María Soraya RODRÍGUEZ RAMOS ( RE), Manon AUBRY ( GUE/NGL), Frances FITZGERALD ( PPE), Pierfrancesco MAJORINO ( S&D) |
Committee Opinion | ENVI | CANFIN Pascal ( Renew) | Sirpa PIETIKÄINEN ( PPE), Silvia MODIG ( GUE/NGL), Marie TOUSSAINT ( Verts/ALE), Delara BURKHARDT ( S&D), Rob ROOKEN ( ECR) |
Committee Opinion | LIBE | BRICMONT Saskia ( Verts/ALE) | Sophia IN 'T VELD ( RE), Pernando BARRENA ARZA ( GUE/NGL), Magdalena ADAMOWICZ ( PPE), Franco ROBERTI ( S&D), Joachim Stanisław BRUDZIŃSKI ( ECR) |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Events
2021/04/26
Indicative plenary sitting date, 1st reading/single reading
2021/03/18
EP - Vote in committee, 1st reading/single reading
2021/01/29
EP - Committee opinion
Documents
2020/12/21
EP - Committee opinion
Documents
2020/12/18
EP - Amendments tabled in committee
Documents
2020/12/09
EP - Committee opinion
Documents
2020/11/30
EP - Committee draft report
Documents
2020/07/14
EP - ROOSE Caroline (Verts/ALE) appointed as rapporteur in DEVE
2020/06/15
EP - MANDERS Antonius (EPP) appointed as rapporteur in JURI
2020/06/10
EP - CANFIN Pascal (Renew) appointed as rapporteur in ENVI
2020/04/23
EP - BRICMONT Saskia (Verts/ALE) appointed as rapporteur in LIBE
2020/02/13
EP - Committee referral announced in Parliament, 1st reading/single reading
Documents
- Committee opinion: PE657.389
- Committee opinion: PE658.919
- Amendments tabled in committee: PE663.019
- Committee opinion: PE658.987
- Committee draft report: PE660.299
- Committee draft report: PE660.299
- Committee opinion: PE658.987
- Amendments tabled in committee: PE663.019
- Committee opinion: PE658.919
- Committee opinion: PE657.389
Activities
- Ilhan KYUCHYUK
Plenary Speeches (0)
- Gilles LEBRETON
Plenary Speeches (0)
- Antonius MANDERS
Plenary Speeches (0)
- Rainer WIELAND
Plenary Speeches (0)
- Tiemo WÖLKEN
Plenary Speeches (0)
- Kosma ZŁOTOWSKI
Plenary Speeches (0)
- Manon AUBRY
Plenary Speeches (0)
- Pernando BARRENA ARZA
Plenary Speeches (0)
- Gunnar BECK
Plenary Speeches (0)
- Saskia BRICMONT
Plenary Speeches (0)
- Caroline ROOSE
Plenary Speeches (0)
- Carmen AVRAM
Plenary Speeches (0)
- Jorge BUXADÉ VILLALBA
Plenary Speeches (0)
- Bettina VOLLATH
Plenary Speeches (0)
- Marie TOUSSAINT
Plenary Speeches (0)
- Tomislav SOKOL
Plenary Speeches (0)
- Nicola BEER
Plenary Speeches (0)
- Delara BURKHARDT
Plenary Speeches (0)
- Ciarán CUFFE
Plenary Speeches (0)
- Łukasz KOHUT
Plenary Speeches (0)
- Sunčana GLAVAK
Plenary Speeches (0)
- Ernő SCHALLER-BAROSS
Plenary Speeches (0)
Amendments | Dossier |
61 |
2020/2027(INI)
2020/11/05
LIBE
61 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Recalls that environmental protection is a fundamental right according to Article 37 of the EU Charter of Fundamental Rights
Amendment 10 #
Draft opinion Paragraph 2 2. Considers that today’s environmental degradation has far-reaching consequences for a wide range of human rights; considers that prevention measures and criminal sanctions are important deterrents against environmental damage
Amendment 11 #
Draft opinion Paragraph 2 2. Considers that today’s environmental degradation has far-reaching consequences for a wide range of human rights, including the right to life, liberty, health and safety; considers that prevention and criminal sanctions are important deterrents against environmental damage;
Amendment 12 #
Draft opinion Paragraph 2 2. Considers that today’s environmental degradation has far-reaching and long lasting consequences for a wide range of human rights; considers that prevention and criminal sanctions are important deterrents against environmental damage;
Amendment 13 #
Draft opinion Paragraph 2 2.
Amendment 14 #
Draft opinion Paragraph 2 a (new) 2 a. Recalls that damage to ecosystems and the environment pose the risk to trigger disease, environmental disasters, irreversible climate change, contamination of the food chain, reduced life expectancy and ultimately the death of human beings;
Amendment 15 #
Draft opinion Paragraph 2 a (new) 2 a. Stresses the importance, besides of remedies after the damage is done, of comprehensive and effective actions aiming at preventing environmental offences;
Amendment 16 #
Draft opinion Paragraph 2 a (new) 2 a. Deplores the low detection, investigation, prosecution, and conviction rate for environmental crime;
Amendment 17 #
Draft opinion Paragraph 2 a (new) 2 a. Believes that the rule of proportional liability should apply depending on the strength of the companies
Amendment 18 #
Draft opinion Paragraph 3 Amendment 19 #
Draft opinion Paragraph 3 3. Deplores the lack of effective implementation of EU directives that aim to establish criminal liability of legal persons for environmental offences1 ; stresses the
Amendment 2 #
Draft opinion Paragraph 1 1. Recalls that environmental protection is a fundamental right according to Article 37 of the EU Charter of Fundamental Rights; considers that a clean and unpolluted environment is essential for human physical and intellectual development, the evolution of life and optimum quality of life;
Amendment 20 #
Draft opinion Paragraph 3 3. Deplores the lack of effective implementation of EU directives that aim to establish criminal liability of legal persons for environmental offences1 committed intentionally or as a result of gross negligence; stresses the urgent need to update such legislation; calls on the Commission and the Member States to allocate appropriate financial and human resources to preventing, investigating and prosecuting environmental crimes;
Amendment 21 #
Draft opinion Paragraph 3 3. Deplores the lack of effective implementation of EU directives that aim to establish
Amendment 22 #
Draft opinion Paragraph 3 3. Deplores the lack of effective implementation of EU directives that aim to establish criminal liability of legal persons for environmental offences1 ; stresses the urgent need to update such legislation; calls on the Commission and the Member States to allocate appropriate financial and human resources to preventing, investigating and prosecuting environmental crimes; and to ensure that all Member states and companies have a proper environmental crisis management procedure at both national and transnational levels; _________________ 1 Directive 2004/35/CE on environmental liability with regard to the prevention and remedying of environmental damage, Directive 2008/99/EC on the protection of the environment through criminal law, and Directive 2009/123/EC amending Directive 2005/35/EC.
Amendment 23 #
Draft opinion Paragraph 3 3. Deplores the lack of effective implementation of EU directives that aim to establish criminal liability of legal persons for environmental offences1 ; stresses the urgent need to update such legislation and to find more effective implementation means; calls on the Commission and the Member States to allocate appropriate financial and human resources to preventing, investigating and prosecuting environmental crimes; _________________ 1 Directive 2004/35/CE on environmental
Amendment 24 #
Draft opinion Paragraph 3 a (new) 3 a. Stresses the need to confiscate the proceeds of environmental crimes, and to use them for social purposes aiming at repairing the damage and improving the environment;
Amendment 25 #
Draft opinion Paragraph 3 b (new) 3 b. Stresses the need of a transparent, liable and ambitious internal environmental policy and governance in companies, as well as the importance of a reinforced and high skilled team monitoring and enforcing such environmental policy, stressing the focus on prevention measures;
Amendment 26 #
Draft opinion Paragraph 4 Amendment 27 #
Draft opinion Paragraph 4 4. Calls on the Commission to make full use of Article 83(2) TFEU and to consider the adoption of an overall framework directive on environmental offences; calls on the Commission to evaluate the possibility of a legislative proposal for the crime of ecocide and of including environmental crimes among the categories of offences in Article 83(1) TFEU; calls on the EU and the Member States to work to extend the jurisdiction of the International Criminal Court to include ecocide, making it clear that large-scale environmental crimes can be equated with deliberate human rights infringements or outright acts of war;
Amendment 28 #
Draft opinion Paragraph 4 4. Calls on the Commission to make full use of Article 83(2) TFEU and to consider the adoption of an overall framework directive on environmental offences defining which behaviours to be punished, the nature of infrigements, the types of offences, the reparation regimes, the restoration measures and the sanctions, including overall liability of legal persons; calls on the Commission to evaluate the possibility of a legislative proposal for the crime of ecocide and of including environmental crimes among the categories of offences in Article 83(1) TFEU;
Amendment 29 #
Draft opinion Paragraph 4 4.
Amendment 3 #
Draft opinion Paragraph 1 1. Recalls that environmental protection is a fundamental right according to Article 37 of the EU Charter of Fundamental Rights; stresses that environmental crimes undermine the rule of law in the EU and seriously hamper the EU’s aim of establishing an area of freedom, security and justice;
Amendment 30 #
Draft opinion Paragraph 4 4. Calls on the Commission to make full use of Article 83(2) TFEU and to consider the adoption of an overall framework directive on environmental offences and effective and proportionate sanctions; calls on the Commission to evaluate the possibility of a legislative proposal for the crime of ecocide and of including environmental crimes among the categories of offences in Article 83(1) TFEU;
Amendment 31 #
Draft opinion Paragraph 4 a (new) 4 a. Considers that ecocide should be internationally recognised as a crime, and as a core crime that can be prosecuted before the International Criminal Court (ICC);
Amendment 32 #
5. Recognises the direct or indirect connection between environmental offences and transnational organised crime and corruption2;
Amendment 33 #
Draft opinion Paragraph 5 5. Recognises the direct or indirect connection between environmental offences and transnational organised crime and corruption2
Amendment 34 #
Draft opinion Paragraph 5 5. Recognises the direct or indirect connection between environmental offences and transnational organised crime and corruption2 ; urges, therefore, EU and Member States to provide competent authorities with adequate investigative powers to tackle environmental crimes _________________ 2 See the report for EFFACE ‘Organised Crime and Environmental Crime: Analysis of International Legal Instruments’ (2015), or the study ‘Transnational environmental crime threatens sustainable development’ (2019).
Amendment 35 #
Draft opinion Paragraph 5 5. Recognises the direct or indirect connection between environmental offences and transnational organised crime and corruption2 ; calls on Europol to update the study made in 20152a and regularly provide updated data; _________________ 2 See the report for EFFACE ‘Organised Crime and Environmental Crime: Analysis of International Legal Instruments’ (2015), or the study ‘Transnational environmental crime threatens sustainable development’ (2019). 2a https://www.europol.europa.eu/publicatio ns-documents/report-environmental- crime-in-europe
Amendment 36 #
Draft opinion Paragraph 6 6. Calls on the Commission, Europol and Eurojust to provide support and a more institutionalised structure for existing networks of practitioners such as the European Network of Prosecutors for the Environment (ENPE) and the European Union Forum of Judges for the Environment (EUFJE) with the participation of all EU Member States; calls for a reinforced action of the Europol EnviCrimeNet; calls on Europol and Eurojust to reinforce documentation, investigation and prosecution of environmental crimes;
Amendment 37 #
6. Calls on the Commission, Europol and Eurojust to provide further financial, human and technical support and a more institutionalised structure for existing networks of practitioners, cross- border law enforcement, environmental agencies and specialised prosecutors;
Amendment 38 #
Draft opinion Paragraph 6 6. Calls on the Commission, Europol and Eurojust to provide support and a more institutionalised structure for existing networks of practitioners and, at the same time, encourage improvement in the way Member States exchange information;
Amendment 39 #
Draft opinion Paragraph 6 6. Calls on the Commission,
Amendment 4 #
Draft opinion Paragraph 1 a (new) 1 a. Calls on the Commission to promote action by the EU, its Member States and the international community to step up efforts against environmental crime;
Amendment 40 #
Draft opinion Paragraph 6 6. Calls on the Commission, Europol and Eurojust to provide operational support and a more effective and institutionalised structure for existing networks of practitioners;
Amendment 41 #
Draft opinion Paragraph 6 a (new) 6 a. Calls on Member States to set up or reinforce specialised units within their national police services at the appropriate levels for the investigation of environmental offences and to provide them with sufficient human, financial and technical resources, with a view to reinforcing their inspection and enforcement capacity in combating environmental crime;
Amendment 42 #
Draft opinion Paragraph 6 a (new) 6 a. Underlines the importance of investing in adequate funding and staffing levels for Europol, Eurojust and EPPO;
Amendment 43 #
Draft opinion Paragraph 6 b (new) 6 b. Calls on the Member States to set up networks where prosecutors and judges specialised in environmental crime can exchange experience and assist one another, with a view to improving the effectiveness of combating this crime;
Amendment 44 #
Draft opinion Paragraph 6 c (new) 6 c. Calls on Europol to set up a dedicated unit competent to collect, store, process, analyse and exchange information to support and strengthen Member States in preventing, detecting and investigating environmental crime;
Amendment 45 #
Draft opinion Paragraph 6 d (new) 6 d. Stresses the importance of (e- )training for law enforcement actors in environmental crime, and calls on CEPOL to intensify its trainings in this field; recognises that sufficient resources must be made available to CEPOL;
Amendment 46 #
Draft opinion Paragraph 6 e (new) 6 e. Calls on Member States to encourage the use of Joint Investigation Teams in transnational environmental crime cases, which facilitates the coordination of investigations and prosecutions conducted in parallel across several Member States.
Amendment 47 #
Draft opinion Paragraph 7 Amendment 48 #
Draft opinion Paragraph 7 7. Calls on the Commission to explore the possibility of extending the mandate of the EPPO in future to cover such offences and to establish an environmental crimes section at the European Court of Justice with powers similar to those of the International Criminal Court in The Hague, which enforces the 'polluter pays' principle, encompassing compensation for victims;
Amendment 49 #
Draft opinion Paragraph 7 7. Calls on the Commission to explore the possibility of extending the mandate of the EPPO
Amendment 5 #
Draft opinion Paragraph 1 a (new) 1 a. Recognises that Environmental damage has a relevant impact on human health and access to natural resources;
Amendment 50 #
Draft opinion Paragraph 7 a (new) 7 a. Deplores lack of awareness on the seriousness of the crimes involved in environmental criminality, among the public and within law enforcement; stresses in this respect the importance of raising public and law enforcement professionals awareness on the seriousness and increasing diffusion of environmental crimes in the EU; calls for systematic statistics and data collection on the environmental crimes in the EU;
Amendment 51 #
Draft opinion Paragraph 8 8. Calls on the Commission and the Member States to set up protection and support schemes for the victims of environmental damage and to ensure their full access to justice, information and compensation, especially for those who have to migrate as a consequence of an environmental damage; emphasises the key role of environmental NGOs in raising awareness and taking legal action and calls on the Commission and the Member States to provide them with the appropriate financial support; Reiterates the importance to enable individuals or environmental NGOs to seek remedies and injunctive reliefs if public authorities fail to act to address environmental violations.
Amendment 52 #
Draft opinion Paragraph 8 8. Calls on the Commission and the Member States to set up protection and support schemes for the victims of environmental damage and to ensure their full access to justice, information and compensation; emphasises the key role of environmental NGOs in raising awareness and taking legal action and calls on the Commission and the Member States to provide them with the appropriate financial support in accordance with well- established criteria.
Amendment 53 #
Draft opinion Paragraph 8 8. Calls on the Commission and the Member States to set up protection and support schemes for the victims of environmental damage and to ensure their
Amendment 54 #
Draft opinion Paragraph 8 a (new) 8 a. Stresses the importance of the collection of systematic, reliable and up- to-date statistics on environmental crime; calls on the Commission to oblige Member States to provide all relevant statistics covering all reported environmental offences in a standardised form; calls on the Commission to publish a quantitative analysis of the provided data on environmental crimes, with a view to assessing the effectiveness of national systems and to provide recommendations on how to adapt them in order to fight environmental crime more effectively.
Amendment 55 #
Draft opinion Paragraph 8 a (new) 8 a. Emphasises the crucial role of environmental human rights defenders striving for rights and fundamental freedoms as they relate to the enjoyment of a safe, healthy and sustainable environment, and strongly condemns any form of violence, harassment and intimidation perpetrated against them; calls on the Member States to ensure proper and effective investigation and prosecution of those acts.
Amendment 56 #
Draft opinion Paragraph 8 a (new) 8 a. Calls of the Commission toset up a tool that would allow EU citizens to report, in an anonymous manner and without fear of retaliation, to the appropriate European or Member State regulatory authorities and investigative teams, potential environmental crimes;
Amendment 57 #
Draft opinion Paragraph 8 b (new) 8 b. Is convinced of the need of an international approach to environmental crime due to its global impact on societies; calls on the Commission to address environmental crimes in the relevant EU legislation including in the forthcoming mandatory due diligence legislation in global supply chains; calls furthermore, on the Commission and Member States to raise awareness and promote solutions in international fora including on the protection of human environmental rights defenders and the recognition of ecocide in international law; ; highlights, in this regards the example of the International Consortium on Combating Wildlife Crime bringing together five international organisations;
Amendment 58 #
Draft opinion Paragraph 8 b (new) 8 b. Stresses the importance of creating a centralised online repository with data related to environmental crimes and illegal conduct that harm the environment in the Member States, in order to help cross- border law enforcement in detecting, investigating and prosecuting such crimes;
Amendment 59 #
Draft opinion Paragraph 8 b (new) 8 b. Calls on the Member States to set up dedicated reporting points for environmental crime, in order to encourage citizens to report possible environmental offences to the authorities;
Amendment 6 #
Draft opinion Paragraph 1 b (new) 1 b. Recalls that environmental crime is the fourth most lucrative crime in the planet according to UN Environment, being traffic and illegal waste management in the top of these environmental crimes.
Amendment 60 #
Draft opinion Paragraph 8 c (new) Amendment 61 #
Draft opinion Paragraph 8 c (new) 8 c. Calls on the Member States to increase the level of expertise of prosecutors and judges in environmental crimes and its effects, with a view to more efficiently prosecuting and sanctioning environmental crime.
Amendment 7 #
Draft opinion Paragraph 1 c (new) 1 c. Stresses that environmental crimes pose a growing threat to peace and security, sustainable development and environmental rule of law;
Amendment 8 #
Draft opinion Paragraph 1 d (new) 1 d. Recognises that unsustainable practices and lack of ambition for environmental protection within companies are a hindrance for reaching the objectives set in the UN’s Sustainable Development Goals (SDG), especially those set in goals 3, 9, 12,13, 14 and 15;
Amendment 9 #
Draft opinion Paragraph 2 2. Considers that today’s environmental degradation has far-reaching consequences for a wide range of human rights; considers that prevention and criminal sanctions are important deterrents against environmental damage; deplores that not all environmental crimes are currently recognised in Europe as such, which leads to inadequate and low sanctions; stresses that both corporations and individuals should be held accountable for criminal violations of environmental law;
source: 658.928
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