### — having regard to the universal declaration of human rights of 1948 , and in particular article 13 thereof , ### — having regard to the universal declaration of human rights of 1948 , and in particular article 13 and article 14 thereof ,


### — having regard to the convention against torture and other cruel , inhuman or degrading treatment or punishment of 1984 and the additional protocol thereto , ### — having regard to the convention against torture and other cruel , inhuman or degrading treatment or punishment of 1984 and in particular article 3 , and the additional protocol thereto ,


### — having regard to the work of various international human rights mechanisms , including the reports of the un special rapporteur on the human rights of migrants , notably his follow-up to the regional study on the management of the external borders of the european union and its impact on the human rights of migrants of 8 may 2015 , and of other special rapporteurs , the universal periodic review and the work of other treaty bodies , ### — having regard to the work of various international human rights mechanisms , including the reports of the un special rapporteur on the human rights of migrants , notably his follow-up to the regional study on the management of the external borders of the european union and its impact on the human rights of migrants of 8 may 2015 , as well as his report on the freedom of association of migrants of may 2020 , and of other special rapporteurs , the universal periodic review and the work of other treaty bodies ,


### d. whereas since 2016 the eu has multiplied the number of informal agreements and arrangements on return and readmission with third countries , including joint migration declarations , memoranda of understanding , joint ways forward , standard operating procedures and good practices; whereas , similarly to formal readmission agreements , such informal arrangements affirm states’ commitments to readmitting their nationals (or others) and establish procedures to carry out returns in practice; whereas since 2016 , the eu has concluded at least 11 informal agreements but only one new readmission agreement; ### d. whereas since 2016 the eu and some member states , such as france , greece , italy and spain , have multiplied the number of informal agreements and arrangements on return and readmission with third countries , including joint migration declarations , memoranda of understanding , joint ways forward , standard operating procedures and good practices as well as police cooperation agreements ; whereas , similarly to formal readmission agreements , such informal arrangements affirm states’ commitments to readmitting their nationals (or others) and establish procedures to carry out returns in practice;


### e. whereas in its communication on the new pact on migration and asylum of 23 september 2020 , the commission reiterated that in the framework of comprehensive partnerships with third countries migration should be built in as a core issue and linked to other policies , such as those relating to development cooperation , security , visas , trade , agriculture , investment and employment , energy , environment and climate change and education; ### e. whereas in its communication on the new pact on migration and asylum of 23 september 2020 , the commission stresses the importance to develop and deepen tailor-made comprehensive and balanced migration dialogues and partnerships with countries of origin and transit complemented by engagement at the regional and global level ;


### h. whereas un human rights experts warned that the covid-19 pandemic is having serious and disproportionate effects on migrants and their families globally; whereas they have called on states to protect the rights of migrants and their families , regardless of their migration status , both during and after the pandemic; ### h. whereas un human rights experts , ngos and civil society organisations warned that the covid-19 pandemic is having serious and disproportionate effects on migrants and their families globally; whereas they have called on states to protect the rights of migrants and their families , regardless of their migration status , both during and after the pandemic;


### 4. observes that the commission has yet to evaluate the impact of the implementation of its successive migration policy frameworks , notably the gamm and the new partnership framework , on the human rights of tcns as well as the human rights impact of the eu’s cooperation on migration with third countries; insists on the need to carry out such an evaluation in a comprehensive , inclusive and public format with a view to ensuring the full human rights compliance of the eu’s external migration policy; ### 4. observes that the commission has yet to evaluate the impact of the implementation of its successive migration policy frameworks , notably the gamm and the new partnership framework , on the human rights of tcns as well as the human rights impact of the eu’s cooperation on migration with third countries , including the impact of eu’s support for partner countries’ border and security forces; insists on the need to carry out such an evaluation in a comprehensive , inclusive and public format with a view to ensuring the full human rights compliance of the eu’s external migration policy including with regards to the facility for refugees in turkey in the framework of the eu-turkey statement and the eutf;


### 4. insists on the need for humanitarian corridors and safe and legal migration pathways from neighbouring and developing countries into the eu; ### 4. insists on the need for humanitarian corridors and safe and legal migration pathways from neighbouring and developing countries into the eu; stresses that the existence of safe and legal access routes to the eu is the only alternative to irregular migration and deplores the lack of such routes , including for asylum seekers and refugees. believes that a short-term approach based on measures to strengthen border control and reduce migrant arrivals in europe has led to a drastic reduction in legal migration opportunities , pushing migrants towards more dangerous routes;


### 5. notes with concern the absence of operational , reporting , monitoring and accountability mechanisms at the level of individual cases to track and respond to potential violations , as well as the lack of effective judicial remedies for persons whose rights are allegedly violated as a consequence of eu cooperation with third countries , especially in the case of informal agreements and financial cooperation; ### 5. notes with great concern the absence of operational , reporting , monitoring , evaluation and accountability mechanisms at the level of individual cases to track and respond to potential violations , as well as the lack of effective judicial remedies for persons whose rights are allegedly violated as a consequence of eu and eu agencies cooperation with third countries , especially in the case of informal agreements and financial cooperation;


### 5. reiterates that neither development assistance nor bilateral or multilateral partnerships with developing countries must be conditional on cooperation on migration policies; ### 5. reiterates that neither development assistance nor bilateral or multilateral partnerships with developing countries must be conditional on cooperation on migration policies , as this would undermine the aid effectiveness principles and the primary purpose of official development assistance of eradicating poverty;


### 6. calls for the eu to ensure that readmission agreements and agreements for cooperation on border management are only concluded with third countries that explicitly commit to respecting human rights and the rights enshrined in the un refugee convention , and to ensure that such cooperation does not lead to violations of those rights and offers operational means to nullify these agreements , seek remedy and ensure accountability should such violations occur; ### 6. calls for the eu to ensure that readmission agreements and agreements for cooperation on border management are only concluded with third countries that explicitly commit to respecting human rights and the rights enshrined in the un refugee convention , and to ensure that such cooperation does not lead to violations of those rights and offers operational means to nullify these agreements , seek effective remedy and ensure accountability should such violations occur;


### 7. calls on the commission to ensure ex ante risk assessments , performed by independent agencies , on the impact of any formal , informal or financial eu cooperation with third countries on the rights of migrants and refugees; calls on the commission to set implementation guidelines for eu agencies and member states before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are experiencing ongoing or frozen conflicts and face increased risks of human rights violations; ### 7. calls on the commission to ensure ex ante risk assessments , performed by independent agencies , on the impact of any formal , informal or financial eu cooperation with third countries on the rights of migrants and refugees , on human rights defenders and civil society in-country working to defend these rights and , to the extent possible , on impact that such cooperation would have on the wider population in the country affected by it , including access to rights , contribution to human security and peace , and sustainable development; calls on the commission to set implementation guidelines for eu agencies and member states before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are are suspected of breaching the rule of law , experiencing ongoing or frozen conflicts and face increased risks of human rights violations , such as turkey , libya and egypt and countries where migrants and refugees are subjected to mistreatment and illegal push backs , such as tunesia , algeria , morocco; calls for a commitment to a conflict-sensitive approach that considers and recognizes the effects of assistance into conflict settings and seeks to minimize harm; urges in that regard the commission to insist that all migration-related interventions must structure any short-term objectives or projects within longer-term aims that support governance;


### 7. calls on the commission to ensure ex ante risk assessments , performed by independent agencies , on the impact of any formal , informal or financial eu cooperation with third countries on the rights of migrants and refugees; calls on the commission to set implementation guidelines for eu agencies and member states before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are experiencing ongoing or frozen conflicts and face increased risks of human rights violations; ### 7. calls on the commission to ensure ex ante risk assessments , performed by independent agencies , on the impact of any formal ,informal or financial eu cooperation with third countries on the rights of migrants and refugees and on the resilience and livelihood of communities in the regions of intervention – in particular in border regions , as well as human security , peace and stability , with a specific focus on women; calls on the commission to set implementation guidelines for eu agencies and member states before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are experiencing ongoing or frozen conflicts and face increased risks of human rights violations;


### 8. calls on the commission to establish an independent , transparent and effective monitoring mechanism , which entails periodic reports on the implementation of formal , informal and financial agreements that can potentially impact the rights of migrants and refugees in third countries , such as migration partnerships , readmission agreements , and international cooperation on migration management and governance , including direct targeting of challenges connected to migration and forced displacement; stresses that such a monitoring mechanism has to be transparent , participatory for civil society and field workers , and publicly available; insists on the need to ensure means for civil society and other interested stakeholders to be able to contribute to the work of the mechanism; ### 8. calls on the commission to establish an independent , transparent and effective monitoring mechanism , which entails periodic reports on the implementation of formal , informal and financial agreements with third countries that can potentially impact the rights of migrants and refugees and human rights defenders and civil society in-country working to defend these rights , such as migration partnerships , readmission agreements , and international cooperation on migration management and governance , including direct targeting of challenges connected to migration and forced displacement; stresses that such a monitoring mechanism has to be transparent , participatory for civil society and field workers , and publicly available; insists on the need to ensure means for civil society and other interested stakeholders to be able to contribute to the work of the mechanism; insits that such a system should contribute to ensuring accountability for potential human rights vioalations , including unlawful push backs violating the principle of non-refoulement; insists that such a monitoring mechanism will assess the implementation of agreements strictly on the basis of international law , the eu charter and the sustainable development goals;


### 8. calls on the commission to establish an independent , transparent and effective monitoring mechanism , which entails periodic reports on the implementation of formal , informal and financial agreements that can potentially impact the rights of migrants and refugees in third countries , such as migration partnerships , readmission agreements , and international cooperation on migration management and governance , including direct targeting of challenges connected to migration and forced displacement; stresses that such a monitoring mechanism has to be transparent , participatory for civil society and field workers , and publicly available; insists on the need to ensure means for civil society and other interested stakeholders to be able to contribute to the work of the mechanism; ### 8. calls on the commission to establish an independent , transparent and effective monitoring mechanism on the basis of international law , the european charter and the sustainable development goals , which entails periodic reports on the implementation of formal , informal and financial agreements that can potentially impact the rights of migrants and refugees in third countries , such as migration partnerships , readmission agreements , and international cooperation on migration management and governance , including direct targeting of challenges connected to migration and forced displacement; stresses that such a monitoring mechanism has to be transparent , participatory for civil society and field workers , and publicly available; insists on the need to ensure means for civil society and other interested stakeholders to be able to contribute to the work of the mechanism;


### 8. reiterates that the ndici budget dedicated to migration should be used to address the root causes of migration and not to control migratory flows or fund external border management. ### 8. reiterates that the ndici budget dedicated to migration should be used to address the root causes of migration and not to control migratory flows or fund external border management. stresses the need to ensure accountability and transparency in spending and implementation of migration-related projects in order to monitor and preserve their focus on tackling the root causes of migration.


### 10. notes that the implementation and funding of the eu’s external migration policy is assigned to different commission directorates-general and mainstreamed across the eu’s migration , asylum , development and foreign policies without a designated lead institutional actor; notes with concern that this blending of executive responsibilities has created a lack of sufficient and coherent oversight of the commission’s activities that would enable parliament to exert democratic control over the eu’s external migration policy and exercise budgetary authority over development funds; urges the commission to designate a single lead institutional interlocutor at commissioner level on the external dimension of migration; ### 10. notes that the implementation and funding of the eu’s external migration policy is assigned to different commission directorates-general and mainstreamed across the eu’s migration and asylum policy , as well as development and foreign policies when it comes to address the root causes of migration; notes with concern that this blending of executive responsibilities has created a lack of sufficient and coherent oversight of the commission’s activities that would enable parliament to exert democratic control over the eu’s external migration policy , insists on the importance to ensure coherence , synergies and complementarities in order to avoid overlap between the different tools. ;


### 10. notes that the implementation and funding of the eu’s external migration policy is assigned to different commission directorates-general and mainstreamed across the eu’s migration , asylum , development and foreign policies without a designated lead institutional actor; notes with concern that this blending of executive responsibilities has created a lack of sufficient and coherent oversight of the commission’s activities that would enable parliament to exert democratic control over the eu’s external migration policy and exercise budgetary authority over development funds; urges the commission to designate a single lead institutional interlocutor at commissioner level on the external dimension of migration; ### 10. notes that the implementation and funding of the eu’s external migration policy is assigned to different commission directorates-general and mainstreamed across the eu’s migration , asylum , development and foreign policies without a designated lead institutional actor; notes with concern that this blending of executive responsibilities has created a lack of sufficient and coherent oversight of the commission’s activities that would enable parliament to exert democratic control over the eu’s external migration policy and exercise budgetary authority over development funds;


### 11. highlights the practical human rights implications stemming from the increasing number , and hence the extrajudicial nature , of informal arrangements on return and readmission , which are concluded in the absence of due democratic scrutiny and parliamentary oversight and are not subject to judicial scrutiny; calls on the commission to prioritise the conclusion of formal readmission agreements , thus ensuring full respect for article 218(6) teu , and to ensure that formal eu readmission agreements (euras) exclude the application of informal agreements; believes that parliament must assess the legality of informal agreements which include commitments on issues that fall within its competencies , such as readmission , and must be ready to undertake further action if these informal agreements appear to be incompatible with the treaties; ### 11. highlights with great concern the practical human rights implications stemming from the increasing number , and hence the extrajudicial nature , of informal arrangements on return and readmission , which are concluded in the absence of due democratic scrutiny and parliamentary oversight and are not subject to judicial scrutiny; calls on the commission to prioritise the conclusion of formal readmission agreements , thus ensuring full respect for article 218(6) teu , and to ensure that formal eu readmission agreements (euras) exclude the application of informal agreements; believes that parliament must assess the legality of informal agreements which include commitments on issues that fall within its competencies , such as readmission , and must be ready to undertake further action including suspension if these informal agreements appear to be incompatible with the treaties;


### 12. highlights the increased role of the european border and coast guard agency in practical and operational cooperation with third countries , including on return and readmission , provision of training , operational and technical assistance to authorities of third countries for the purpose of border management and border control , carrying out operations or joint operations at the eu’s external borders or in the territories of third countries , and deploying liaison officers and operational staff in third countries; ### 12. highlights with great concern the increased role of the european border and coast guard agency in practical and operational cooperation with third countries , including on return and readmission , provision of training , operational and technical assistance to authorities of third countries for the purpose of border management and border control , carrying out operations or joint operations at the eu’s external borders or in the territories of third countries , and deploying liaison officers and operational staff in third countries; calls on the commission to establish an independent , transparent and effective monitoring mechanism on all activities carried out by the european border and coast guard agency , in addition to the internal complaint mechanism in place;


### 13. recalls that ad hoc status agreements , to be approved by the european parliament , are required for the deployment of the european border and coast guard agency’s border management teams to a third country where the members of the teams will exercise executive powers; regrets that the two status agreements concluded to date do not include specific measures for the operationalisation of human rights as part of border management , and also fail to clearly regulate accountability for potential human rights violations , and calls for any future status agreements to include such measures; ### 13. recalls that ad hoc status agreements , to be approved by the european parliament , are required for the deployment of the european border and coast guard agency’s border management teams to a third country where the members of the teams will exercise executive powers; regrets that the two status agreements concluded to date do not include specific measures for the operationalisation of human rights as part of border management , and also fail to clearly regulate accountability for potential human rights violations or ensure that material support and training to third countries is not given to perpetrators of human rights violations , and calls for any future status agreements to include such measures;


### 15. calls for the extension of the mandate of the fundamental rights agency to allow it to exercise an advisory role in the external dimension of eu asylum and migration policies and its involvement in monitoring exercises; ### 15. calls for the extension of the mandate of the fundamental rights agency to allow it to exercise an advisory role in the external dimension of eu asylum and migration policies and its effective and independent involvement in monitoring exercises; calls for the development of relevant tools and guidelines by the fundamental rights agency;


### 16. notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management , including return and readmission; stresses , however , that according to article 208 tfeu the primary objective of union development cooperation policy shall be the reduction and , in the long term , the eradication of poverty; calls , therefore , on the commission to ensure that policies on development cooperation do not contravene the principles enshrined in article 208 tfeu; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries , the rights of refugees and migrants , and their potential impact on regional migration patterns and contribution to local economies , and thus also undermines a wide range of rights stemming from the sustainable development goals; ### 16. notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management , including return and readmission; underlines that the use of development aid to promote the eu’s own objectives and goals in partner countries may contradict the rules and definition of official development aid as defined by the oecd dac as well as the development aid effectiveness principles; stresses , in that regard , that according to article 208 tfeu the primary objective of union development cooperation policy shall be the reduction and , in the long term , the eradication of poverty; calls , therefore , on the commission to ensure that policies on development cooperation do not contravene the principles enshrined in article 208 tfeu; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries , the rights of refugees and migrants , and their potential impact on regional migration patterns and contribution to local economies , and thus also undermines a wide range of rights stemming from the sustainable development goals;


### 16. notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management , including return and readmission; stresses , however , that according to article 208 tfeu the primary objective of union development cooperation policy shall be the reduction and , in the long term , the eradication of poverty; calls , therefore , on the commission to ensure that policies on development cooperation do not contravene the principles enshrined in article 208 tfeu; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries , the rights of refugees and migrants , and their potential impact on regional migration patterns and contribution to local economies , and thus also undermines a wide range of rights stemming from the sustainable development goals; ### 16. notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management , including return and readmission; stresses , however , that according to article 208 tfeu the primary objective of union development cooperation policy shall be the reduction and , in the long term , the eradication of poverty; calls , therefore , on the commission to ensure that policies on development cooperation do not contravene the principles enshrined in article 208 tfeu; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries , the rights of refugees and migrants , and their potential impact on regional migration patterns and contribution to local economies , and thus also undermines a wide range of rights stemming from the sustainable development goals; stresses that visa issuing and development programmes should not be subject to cooperation on readmissions; stresses that cooperation and development budget should not be used for the purpose of border management and/or migration control;


### 17. notes that a complete , public overview of eu funding to third countries to facilitate cooperation on migration issues remains unavailable; calls on the commission to provide improved transparency , including by establishing a clear overview of the funds used to finance cooperation with third countries in the field of migration management across all its financial instruments and their implementation , including information on the amount , purpose and source of funding as well as detailed information on any other potential support measures provided by eu agencies such as the european border and coast guard agency , in order to ensure that parliament can efficiently perform its institutional role of scrutiny of the implementation of the eu budget; ### 17. notes that a complete , public overview of eu funding to third countries to facilitate cooperation on migration issues remains unavailable; calls on the commission to provide improved transparency , including by establishing a clear overview of the funds used to finance cooperation with third countries in the field of migration management across all its financial instruments and their implementation , including information on the amount , purpose and source of funding as well as detailed information on any other potential support measures provided by eu agencies such as the european border and coast guard agency , in order to ensure that parliament can efficiently perform its institutional role of scrutiny of the implementation of the eu budget; stresses to suspend any kind of budgetary support and training to the border authorities of third countries which , in this way , proceed with push backs by proxy in violation of the principle of non-refoulement (for example libya , tunisia , morocco) and of art.13 of the universal declaration of human rights;


### 18. stresses the importance of allocating a substantial share of future eu funding in the field of migration to civil society groups in third countries for providing assistance and for the protection and monitoring of the rights of migrants , and of ensuring that a significant part of eu funding is earmarked for the improvement of human rights , international protection , and the future perspective of refugees; ### 18. stresses the importance of allocating a substantial share of future eu funding in the field of migration to civil society and community based groups in third countries for providing assistance and for the protection and monitoring of the rights of migrants , supporting forcibly displaced persons and their host communities , reaping the benefits of well-managed and orderly migration , and of ensuring that a significant part of eu funding is earmarked for the improvement of human rights , international protection , and solutions for refugees and migrants;


### 19. notes that the possibilities of mainstreaming migration policy in eu external policy are significantly broadened by the inclusion of migration in the thematic , geographical and rapid response component of the proposed neighbourhood , development , international cooperation instrument (ndici); notes with concern , however , that through the ‘rapid response’ component , cooperation with third countries on migration management can be funded without the need for the commission to publish any programming documents or consult civil society actors , and without the involvement of parliament , including in the framework of the ‘migration preparedness and crisis blueprint’ , which lacks mechanisms to assess the possible adverse impact of such interventions; insists in this regard on the need to ensure that the 2021-2027 multiannual financial framework is accompanied by a robust human rights framework for the identification , implementation and monitoring of future migration cooperation programmes; ### 19. notes the possibilities to address migration through the geographic , thematic , and rapid response actions pillar in the proposed neighbourhood , development , international cooperation instrument (ndici); stresses that the human rights based approach is applicable to all pillars of the ndici , including crisis response in the rapid response pillar; notes that migration related actions in crisis situations through the ‘rapid response actions pillar’ should address , in particular , needs related to forced displacement including supporting host communities , in accordance with international humanitarian law and principles


### 19. notes that the possibilities of mainstreaming migration policy in eu external policy are significantly broadened by the inclusion of migration in the thematic , geographical and rapid response component of the proposed neighbourhood , development , international cooperation instrument (ndici); notes with concern , however , that through the ‘rapid response’ component , cooperation with third countries on migration management can be funded without the need for the commission to publish any programming documents or consult civil society actors , and without the involvement of parliament , including in the framework of the ‘migration preparedness and crisis blueprint’ , which lacks mechanisms to assess the possible adverse impact of such interventions; insists in this regard on the need to ensure that the 2021-2027 multiannual financial framework is accompanied by a robust human rights framework for the identification , implementation and monitoring of future migration cooperation programmes; ### 19. notes that the possibilities of mainstreaming migration policy in eu external policy are significantly broadened by the inclusion of migration in the thematic , geographical and rapid response component of the proposed neighbourhood , development , international cooperation instrument (ndici); notes with concern , however , that through the ‘rapid response’ component , cooperation with third countries on migration management can be funded without the need for the commission to publish any programming documents or consult civil society actors , and without the involvement of parliament , including in the framework of the ‘migration preparedness and crisis blueprint’ , which lacks mechanisms to assess the possible adverse impact of such interventions; insists in this regard on the need to ensure that the 2021-2027 multiannual financial framework is accompanied by a robust human rights framework for the identification , implementation and monitoring of future migration cooperation programmes , as to link the eu financial disbursement to human rights obligations;


### 20. calls on the commission to regularly report to parliament on the funding of migration-related cooperation programmes in third countries and their human rights impact , including within the framework of the working group on external financial instruments of the committee on foreign affairs; ### 20. calls on the commission to regularly and publicly report to parliament on the funding of migration-related cooperation programmes in third countries , the ways in which such funding has been used by partner countries and their human rights impact , including within the framework of the working group on external financial instruments of the committee on foreign affairs;


### 21. believes that parliament must make full use of its powers of implementation , scrutiny and budgetary control and ensure that eu funding decisions and related allocations comply with the union’s principles of legality and sound financial management; ### 21. believes that parliament must make full use of its powers of implementation , scrutiny and budgetary control and auditing procedures before the european court of auditors and ensure that eu funding decisions and related allocations comply with the union’s principles of legality and sound financial management;


### 22. recalls the commitment of the eu and its member states under the global compact on refugees to share responsibility for the protection of refugees and ease the pressure on host countries; stresses in this regard that the eu and its member states should contribute to a more structural and substantial funding of the regions hosting most refugees , and should not use financial means to shift responsibility for the protection of refugees to third countries; reiterates the importance of fully implementing the 23 objectives of the global compact for safe , orderly and regular migration; believes that parliament must ensure the proper scrutiny of the implementation of both compacts by the eu; ### 22. recalls the commitment of the eu and its member states under the global compact on refugees to share responsibility for the effective and comprehensive protection of refugees and ease the pressure on host countries; stresses in this regard that the eu and its member states should increase resettlement pledges and step up to legal pathways and contribute to a more structural and substantial funding of the communities and countries hosting most refugees , and should not use financial means to shift responsibility for the protection of refugees to third countries; calls on the eu and its member states for increasing resettlement allocations and for working to prevent forced refugee returns from hosting countries; reiterates the importance of fully implementing the 23 objectives of the global compact for safe , orderly and regular migration; believes that parliament must ensure the proper scrutiny of the implementation of both compacts by the eu;


### 23. calls for the eu and its member states to pursue a migration policy that fully reflects the human rights of migrants as enshrined in both international and regional law; calls on the eeas , the commission and the member states to engage with third countries on the rights of migrants as an integral dimension of the eu’s human rights policy; insists that the human rights and migration nexus be adequately covered within the framework of bilateral eu human rights dialogues with the relevant countries; calls on the eu delegations in those countries to monitor closely the rights of migrants , particularly in countries of transit; insists on the proactive engagement of the eu in countries where human rights defenders and civil society organisations , including those who are protecting the lives of migrants and asylum seekers who are at risk , are under threat or are being criminalised for their legitimate work; ### 23. calls for the eu and its member states to pursue a migration policy that fully reflects the human rights of migrants as enshrined in international , eu , national and regional law; calls on the eeas , the commission and the member states to engage with third countries on the rights of migrants as an integral dimension of the eu’s human rights policy; insists that the human rights and migration nexus be adequately covered within the framework of bilateral eu human rights dialogues with the relevant countries; calls on the eu delegations in those countries to monitor closely the rights of immigrants and other potentially vulnerable groups such as internally displaced persons , as well as social conditions , access to basic services and human security concerns in emigration countries; insists on the proactive engagement of the eu in countries where human rights defenders and civil society and community-based organisations , including those who are protecting the lives of migrants and asylum seekers who are at risk , be it in- or outside the eu , are under threat or are being criminalised for their legitimate work;


### 24. calls for the eu to carry out a global campaign to support universal ratification of the geneva convention relating to the status of refugees; urges member states to lead by example by adhering to the un convention on the rights of migrant workers , as one of the core un human rights conventions; ### 24. calls for the eu to carry out a global campaign to support universal ratification of the geneva convention relating to the status of refugees and its 1967 protocol; urges member states to lead by example by adhering to the un convention on the rights of migrant workers , as one of the core un human rights conventions;


### a. whereas the eu is founded on the values of respect for human rights , democracy and the rule of law; whereas these values also guide the eu’s external action; ### a. whereas the eu is founded on the values of respect for human rights , democracy and the rule of law , respect for human dignity , as well as equality and solidarity; whereas these values also guide the eu’s external action;


### a. whereas all persons , local communities or populations have the right to the full enjoyment of their human rights , as enshrined in the universal declaration of human rights; ### a. whereas all persons , local communities and populations have the right to be guided by the purposes and principles of the charter of the united nations and the universal declaration of human rights , the international covenants on human rights and other relevant instruments , such as: the united nations framework convention on climate change , the paris agreement and the 2030 agenda for sustainable development;


### a. whereas all persons , local communities or populations have the right to the full enjoyment of their human rights , as enshrined in the universal declaration of human rights; ### a. whereas all human beings are entitled to the full enjoyment of their human rights and fundamental freedoms without discrimination , as enshrined in the universal declaration of human rights and the charter of fundamental rights of the european union;


### a. whereas the effects of climate change and continued environmental degradation threaten the effective enjoyment of human rights , including the rights to life , food security , safe drinking water and sanitation , health , housing , self-determination , work and development , as outlined in un human rights council resolution 41/21; ### a. whereas the impacts of climate change and continued environmental degradation on freshwater resources , ecosystems , and livelihoods of communities are already undermining the effective enjoyment of human rights , including the rights to life , food security , safe drinking water and sanitation , health , housing , self-determination , work and development , as outlined in un human rights council resolution 41/21; whereas , even if the international objective of limiting global warming to a 2°c increase above pre-industrial levels is achieved , these impacts will expand dramatically in the coming decades;


### b. whereas the eu is fighting climate change through ambitious policies at home and close cooperation with international partners; ### b. whereas the eu is fighting climate change through ambitious policies at home and close cooperation with international partners , in a bid to make europe more climate-resilient and to promote greater coordination and exchange of information between member states;


### b. whereas the eu is fighting climate change through ambitious policies at home and close cooperation with international partners; ### b. whereas the eu needs to fight climate change through ambitious and comprehensive policies based on human rights at home and close cooperation with international partners;


### b. whereas the causal link between climate change and violations of the human rights of any population must be scientifically verified; ### deleted


### 1. acknowledges the role of human rights defenders and their legal representatives; deplores the fact that environmental defenders are facing threats of violence; ### 1. acknowledges the role of human rights defenders and their legal representatives; deplores the fact that environmental defenders are facing threats of violence and that their messages are being misunderstood;


### 1. acknowledges the role of human rights defenders and their legal representatives; deplores the fact that environmental defenders are facing threats of violence; ### 1. highlights the important role of human rights defenders and their legal representatives; condemns the fact that environmental defenders around the world and in europe face increasing repression and threats of violence and death;


### 1. stresses that human rights and a healthy planet are mutually dependent; calls for the eu and its member states to act as a credible and reliable partner on the global stage through the adoption , strengthening and implementation of legislation aligned with a comprehensive human rights-based approach to climate action (hrba) , to guide policies and measures of climate change mitigation and adaptation while protecting the rights of all; ### 1. stresses that human rights and a healthy and sustainable planet are mutually dependent; calls on the eu and its member states to act as a credible and reliable partner on the global stage through the adoption , strengthening and implementation of legislation aligned with a comprehensive human rights-based approach to climate action (hrba) , to guide policies and measures of climate change mitigation and adaptation while protecting the rights of all;


### 2. calls for the eu and its member states to protect freedom of expression and media freedom and pluralism and to ensure the safety and protection of journalists in external relations; ### 2. calls for the eu and its member states to protect freedom of expression and media freedom and pluralism , the right to assembly and to ensure the safety and protection of journalists , whistleblowers and environmental defenders also in external relations;


### 2. calls for the eu and its member states to protect freedom of expression and media freedom and pluralism and to ensure the safety and protection of journalists in external relations; ### 2. calls for the eu and its member states to protect freedom of expression and media freedom and pluralism and to ensure the safety and protection of journalists and environmental defenders in external relations;


### 2. is deeply concerned about the increased criminalisation and persecution of environmental activists in developing countries by governments and multinational companies that are investing in the exploitation of natural , non-renewable resources , thus contributing to deforestation , loss of biodiversity and human rights violations , mostly affecting indigenous peoples; ### 2. expresses its deep concern at the increasing criminalisation and persecution of environmental activists in developing countries by governments and multinational companies that are investing in the exploitation of natural , non-renewable resources , thus contributing to deforestation , loss of biodiversity and human rights violations , mostly affecting indigenous peoples; condemns any attempts to deregulate environmental and human rights protections in the context of the covid-19 pandemic and other crises; also expresses its concern at the situation of environmental defenders and whistle-blowers throughout the world; recalls that everyone should have access to the enjoyment of human rights , environmental protection and sustainable development , and that no one should be penalised , persecuted or harassed for protecting the environment; calls on the commission to support environmental defenders across the world;


### 3. supports the commission in strengthening democracy , the rule of law and human rights in the eu’s external action and in developing initiatives to combat organised crime , illegal land grabs and deforestation; strongly supports the development of stable institutions and enforceable justice and the promotion of good governance in the countries concerned; ### 3. supports the commission in strengthening democracy , the rule of law and human rights in the eu’s external action , given the continued need for the eu to be the world's leading player in promoting and enforcing the protection of human rights , and in developing initiatives to combat organised crime , illegal land grabs and deforestation; strongly supports the development of stable institutions and enforceable justice and the promotion of good governance in the countries concerned;


### 3. supports the commission in strengthening democracy , the rule of law and human rights in the eu’s external action and in developing initiatives to combat organised crime , illegal land grabs and deforestation; strongly supports the development of stable institutions and enforceable justice and the promotion of good governance in the countries concerned; ### 3. supports the commission in strengthening democracy , the rule of law and human rights in the eu’s external action in particular in regards of climate and in developing initiatives to combat organised crime , illegal land grabs and deforestation; strongly supports the development of stable institutions and enforceable justice , better access to legal remedies for victims of human rights abuses as a result of climate change and the promotion of human rights and good governance;


### 3. believes that in the next few years climate change will create more environmental migrants from developing countries , and that in order to better protect their human rights , environmental refugee status needs international recognition; ### 3. believes that in the next few years climate change will create more environmental migrants from developing and developed countries; welcomes the landmark decision of the un human rights committee in the case of teitiota v. new zealand recognising that people fleeing climate-related and natural disasters have a valid claim for international protection under the international covenant on civil and political rights; urges the commission and the member states to take stock of this ruling and take all the necessary measures to ensure full protection of environmentally displaced persons under eu law , and to provide appropriate asylum for climate refugees; calls on the member states to consider the risk of violations of the right to life due to climate change as part of their return decisions , notably triggering non-refoulement obligations;


### 3. believes that in the next few years climate change will create more environmental migrants from developing countries , and that in order to better protect their human rights , environmental refugee status needs international recognition; ### 3. believes that in the next few years climate change will create more environmental migrants from developing and developed countries; welcomes the landmark decision of the un human rights committee in the case of teitiota v. new zealand recognising that people fleeing climate-related and natural disasters have a valid claim for international protection under the international covenant on civil and political rights; urges the commission and the member states to take stock of this ruling and take all the necessary measures to ensure full protection of environmentally displaced persons under eu law , and to provide appropriate asylum for climate refugees;


### 4. reiterates its position that all relevant eu policies , instruments and tools , including trade agreements , as well as development aid and visa policies should be linked with cooperation and respect for the rule of law and the principles of good governance; believes that this cooperation should be based on the ‘more for more’ principle and that insufficient cooperation , intimidation , repression and violence against indigenous people and environmental defenders should result in a reduction in external aid and support , without affecting humanitarian aid; ### 4. reiterates its position that all relevant eu policies , instruments and tools , including trade agreements as well as development aid and visa policies should be linked with cooperation and respect for democracy , the rule of law , human rights and fundamental freedoms , respect for human dignity , as well as equality and solidarity and the principles of good governance; supports the establishment of an accountability mechanism to guarantee that funds are not used for projects that harm the environment or human rights; stresses that the respect for environment and human rights is essential to sustainable development; calls on the eu to explore ways to enhance understanding , coordination and cooperation with regard to climate change induced displacement.


### 4. deems that the introduction of binding eu legislation on business due diligence can help improve the defence of human rights and compliance with environmental standards in the fight against climate change in developing countries; calls on the commission to continue working towards the approval of the un binding treaty for transnational corporations on human rights; ### 4. deems that the introduction of binding and harmonised eu legislation on business due diligence can help improve the defence of human rights and compliance with environmental standards in the fight against impunity and climate change in developing countries and contribute to the implementation of the united nations sustainable development goals , the paris agreement and the objectives of the eu green deal; stresses that the future legislation should take into account the specific needs and rights of women and vulnerable groups such as children and indigenous people; deems that the future legislation should be subjected to a meaningful and inclusive consultation process on the ground with the relevant stakeholders and affected communities and deems that such a process should be carried out in close cooperation with the eu delegations; calls on the commission to continue working towards the approval of the un binding treaty for transnational corporations on human rights;


### 5. calls for the eu and its member states to provide financial and technical assistance for indigenous people , refugees and displaced people in hosting communities; ### 5. stresses that indigenous peoples around the world are particularly affected by the consequences of climate change , and that children from indigenous communities are often particularly vulnerable to climatic changes; strongly condemns violence against indigenous people , human rights and environmental defenders; whereas climate-induced displacement may pose a direct threat to human rights , culture and traditional knowledge , as well as to the right to a nationality; calls for the eu and its member states to consider the rights of indigenous peoples in climate policies and to provide special financial and technical assistance for indigenous people , refugees and displaced people;


### 5. calls on the commission to check carefully that the infrastructure and energy projects financed through the various development cooperation and external policy instruments , including through the european investment bank , do not jeopardise human rights , the sustainable development goals , the objectives of the paris agreement to combat climate change or the european green deal; ### 5. calls on the commission to check carefully that the infrastructure and energy projects financed through the various development cooperation and external policy instruments , including through the european investment bank , do not jeopardise human rights , the sustainable development goals , the objectives of the paris agreement to combat climate change or the european green deal; also calls in this regard to carefully evaluate if the proposed projects have been consulted with indigenous communities and local population and have included their experience and knowledge of local ecology , human rights and development needs;


### 6. supports a human rights-based approach to migration governance in third countries and the strengthening of the capacity of states , civil society and un partners to implement this approach. ### 6. supports a holistic human and fundamental rights-based approach in the eu’s external action and the strengthening of the capacity of states as well as the cooperation and the permanent dialogue with civil society organizations including those representing indigenous peoples and other persons in vulnerable situations and un partners in implementing this approach; supports the identifying and promoting of good practices related to human rights obligations and commitments that support and strengthen the environmental protection policymaking on european and international level.


### 6. supports a human rights-based approach to migration governance in third countries and the strengthening of the capacity of states , civil society and un partners to implement this approach. ### 6. supports a human rights-based approach to migration governance in third countries , more effective control of external borders and migrant flows and the strengthening of the capacity of states , civil society and un partners to implement this approach.


### 6. invites the commission to do more to protect human rights defenders , environmental activists and organisations engaged in the fight against climate change in developing countries. ### 6. invites the commission to do more to protect and empower human rights defenders , indigenous peoples , environmental activists and organisations engaged in the fight against climate change worldwide , and pay a specific attention to the differentiated needs of protection of women human rights defenders , acknowledging their role as powerful agents of change in particular for climate action; calls for eu development programmes to promote the meaningful participation and empowerment of women and their organisations at all levels and at all stages of climate policy design , planning , financing , implementation , monitoring and evaluation , as their inclusions is crucial to improve climate mitigation , and calls for fair allocation of resources to tackle the obstacles that affect them disproportionately , to advance gender-just climate actions and to ensure long-term sustainable climate solutions; stresses in this regards , the need to support capacity building and women’s role as educators and promoters of change and ensure adequate financing for these organisations;


### 6. invites the commission to do more to protect human rights defenders , environmental activists and organisations engaged in the fight against climate change in developing countries. ### 6. invites the commission to do more to protect human rights defenders , indigenous peoples , environmental activists and organisations engaged in the fight against climate change worldwide , and pay a specific attention to the differentiated needs of protection of women human rights defenders;


### h. whereas it is widely recognised that the human rights obligations of states and the human rights responsibilities of the private sector have specific implications in relation to climate change; whereas failure to protect the environment and those who defend it is contrary to the legally binding human rights obligations of states and could constitute a violation of the right to a healthy environment; ### h. whereas it is widely recognised that the human rights obligations of states and the human rights responsibilities of the private sector have specific implications in relation to climate change; whereas failure to protect the environment and those who defend it is contrary to the legally binding human rights obligations of states and could constitute a violation of fundamental rights , such as the right to a healthy environment or the right to life;


### i. whereas the paris agreement is the first international treaty to explicitly recognise the link between climate action and human rights , thus allowing the use of existing human rights-related legal instruments to urge states and private corporates to reduce emissions; whereas the are no concrete instruments within the paris agreement to hold state and corporate actors accountable; ### i. whereas the paris agreement is the first international treaty to explicitly recognise the link between climate action and human rights , thus allowing the use of existing human rights-related legal instruments to urge states and private corporates to reduce emissions; whereas there are no concrete instruments within the paris agreement to hold state and corporate actors accountable for their impact on climate change and the exercise of human rights;


### n. whereas climate change is an increasingly important contributor to displacement and migration , both within nations and across international borders; whereas 80 % of people displaced by climate change are women , according to the undp; ### n. whereas climate change is an increasingly important contributor to displacement and migration , both within nations and across international borders; whereas displacement is an imminent prospect for some communities , such as those living in areas threatened by desertification , those situated in the rapidly melting arctic , low-lying coastal areas , and small islands; whereas 80 % of people displaced by climate change are women , according to the undp; whereas climate-induced displacement may pose a direct threat to human rights , culture and traditional knowledge , as well as to the right to a nationality for inhabitants of small island nations;


### t. whereas violence against women environmental activists and defenders of environmental rights has become a well-documented trend; ### t. whereas violence against women , environmental activists , and defenders of environmental rights has become a well-documented trend;


### 9. calls on the commission to increase financial and technical assistance and capacity building activities to support third countries with the integration of human rights in their national climate actions and programmes; recalls its position that at least 45 % of the funding from the proposed 2021-2027 neighbourhood , development and international cooperation instrument (ndici) should support climate and environment objectives; ### 9. calls on the commission to increase financial and technical assistance and capacity building activities to support third countries with the integration of human rights in their national climate actions and programmes to ensure that climate change does not interfere with the exercise of human rights in those countries; recalls its position that at least 45 % of the funding from the proposed 2021-2027 neighbourhood , development and international cooperation instrument (ndici) should support climate and environment objectives;


### 11. acknowledges the impact of the nexus of climate change , environmental degradation and disasters on migration and displacement and regrets the lack of human rights safeguards and specific protections for environmentally displaced people at international level; calls on the commission and the member states to cooperate in the development of an international mechanism for addressing climate-induced displacement and migration at international forums and to address climate-induced displacement in related fields of the eu’s external action; insists on gender-based participation in fulfilling the rights of all individuals , notably those most vulnerable to the negative impacts of climate change such women , children , afro-descendent and indigenous communities , individuals subjected to discrimination , and persons often living in poor and remote areas; ### 11. acknowledges the impact of the nexus of climate change , environmental degradation and natural disasters on migration and displacement and regrets the lack of human rights safeguards and specific protections for environmentally displaced people at international level; calls on the commission and the member states to build on the work of the platform on disaster displacement and the task force on displacement to cooperate in the development of an international framework for addressing climate-induced displacement and migration at international forums and to address climate-induced displacement in related fields of the eu’s external action; welcomes the inclusion of climate-induced migration and displacement in the cancun adaptation framework , and calls on the eu to explore ways to enhance understanding , coordination and cooperation with regard to climate change induced displacement , migration and planned relocation in the eu adaptation strategy , including through long-term planning mechanism;


### 20. calls on the eu and the member states to request and ensure that the right to free , prior , informed and binding consultation and consent with indigenous peoples is respected , without coercion , in any agreement or development projects that may affect the lands , territories or natural assets of indigenous peoples; stresses that the promotion of the rights of indigenous peoples and their traditional practices are key to achieving sustainable development , combating climate change and conserving biodiversity; ### 20. calls on the eu and the member states to request and ensure that the right to free , prior , informed and binding consultation and consent with indigenous peoples is respected , without coercion , in any agreement or development projects that may affect the lands , territories or natural assets of indigenous peoples; stresses that the promotion of the rights of indigenous peoples and their traditional practices are key to achieving sustainable development , combating climate change and preserving and restoring biodiversity;


### 25. urges the parties to the unfccc to continue increasing their mitigation and adaptation ambition and to integrate the human rights dimension in their ndcs and in their adaptation communication; calls on the secretariat of the unfccc to develop guidelines on how to integrate human rights protections into climate policy in collaboration with the un high commissioner on human rights; ### 25. urges the parties to the unfccc to continue increasing their mitigation and adaptation ambition in line with the objectives of the paris agreement and to integrate the human rights dimension in their ndcs and in their adaptation communication; calls on the secretariat of the unfccc to develop guidelines on how to integrate human rights protections into nationally determined contribution and adaptation communication in collaboration with the un high commissioner on human rights;


### 26. urges the eu’s institutions to play an active and ambitious role in the promotion of a human rights approach in the ongoing international climate negotiations , notably in the sustainable development mechanism and other guidelines for mechanisms under article 6 , paragraph 4 of the paris agreement , that ensure meaningful and informed participation of rights-holders , adequate environmental and social safeguards , and independent redress mechanisms; ### 26. urges the eu’s institutions to play an active and ambitious role in the promotion of a human rights approach in the ongoing international climate negotiations , notably in the sustainable development mechanism (sdm) and other guidelines for mechanisms under article 6 , paragraph 4 of the paris agreement , that ensure meaningful and informed participation of rights-holders , adequate environmental and social safeguards , and independent redress mechanisms; stresses that the sdm should aim to finance projects that benefit those most vulnerable to the impacts of climate change , that all projects financed under the sdm should undergo a human rights impact assessment with clear procedural requirements for stakeholder consultations , with only projects with positive impacts being eligible for registration;


### 28. calls on the secretariat of the unfccc to develop , together with the parties to the convention , a common legal framework for climate justice; ### 28. calls on the secretariat of the unfccc to develop , together with the parties to the convention , a common legal framework for climate justice in order to protect people and communities most vulnerable to climate impacts and to safeguard human rights in all mitigation and adaptation activities; calls on the eu to integrate this climate justice dimension in the framework of the green deal and in the eu external action to ensure compatibility between climate action and the protection of human rights; stresses that in this context , all affected public must be adequately informed about the impacts of climate change and the measures undertaken to both mitigate and adapt to climate change , adequately involved in public decisions about climate change , and given access to administrative , judicial , and other remedies when rights are violated as a result of climate change and responses to it;


### 29. stresses that the global stocktake referred to in article 14 of the paris agreement should be used to review progress towards the integration of human rights and other principles into climate action; ### 29. stresses that the global stocktake referred to in article 14 of the paris agreement should be used to review progress towards the integration of human rights and other principles into climate action and the implementation of the paris agreement , help identify good practices and barriers to implementation , and inform future ndcs and international cooperation;


### 33. recalls that member states are required to regulate corporations to ensure that they do not cause human rights abuses and that private and corporate actors have the obligation to address the human rights implications of climate change , in line with the un guiding principles on business and human rights; ### 33. recalls that member states are required to regulate corporations to ensure that they do not cause human rights abuses along their supply-chain and that private and corporate actors have the obligation to address the human rights implications of climate change , in line with the un guiding principles on business and human rights;


### 34. calls on the eu to support corporate accountability as a key element of the european green deal; calls on the member states to implement effective regulatory measures to provide redress and hold businesses accountable when it comes to ensuring that they fulfil their due diligence obligations regarding the impact of climate change on human rights; ### 34. calls on the eu to support sustainable corporate accountability as a key element of the european green deal; calls on the member states to implement effective regulatory measures to identify , prevent , investigate , punish and redress abuses and hold businesses accountable when it comes to ensuring that they fulfil their due diligence obligations regarding the impact of climate change on human rights;


### 35. welcomes the commission’s commitment to develop a legislative proposal on mandatory human rights and environmental corporate due diligence for companies to identify , take account of and mitigate negative human rights and environmental impacts in their supply chains; stresses the importance of effective consultation with different stakeholders , such as human rights defenders , civil society , trade unions and indigenous people; urges the eu to support and effectively engage in the ongoing negotiations for an international , legally binding instrument to regulate the activities of transnational corporations and other business enterprises; considers that any such instrument must encourage corporate actors to assume their responsibilities with regard to the human right to a healthy environment; ### 35. welcomes the commission’s commitment to develop a legislative proposal on mandatory human rights and environmental corporate due diligence for companies and financial institutions to identify , prevent , cease , mitigate , track , monitor , disclose , account , address , communicate , and remediate human rights , environmental and governance risks in their entire value chain and to provide appropriate sanctions; stresses the importance of effective consultation with different stakeholders , such as human rights defenders , civil society , trade unions and indigenous people; urges the eu to support and effectively engage in the ongoing negotiations un binding treaty on business and human rights to regulate the activities of transnational corporations and other business enterprises; considers that any such instrument must encourage corporate actors and investors to assume their responsibilities with regard to the human right to a healthy environment;


### 36. believes that the current eu trade policy review should be an opportunity to redefine , promote and reinforce the protection of human rights in trade policy; stresses that the sustainable development chapters of future trade agreements must be covered by the dispute settlement mechanisms of these agreements; ### 36. believes that the current eu trade policy review should be an opportunity to redefine , promote and reinforce the protection of human rights in trade policy; stresses that the sustainable development chapters (tsd chapters) of future trade agreements must be covered by the dispute settlement mechanisms of these agreements with the introduction of tariff reduction linked to the effective implementation of tsd provisions , including the possibility of withdrawal of these specific tariff lines in the event of a breach of these provisions , in order for the eu trade policy to be an effective tool for the promotion of human rights in third countries and contribute to the fight against climate change;


### 1. recalls that environmental protection is a fundamental right according to article 37 of the eu charter of fundamental rights; ### 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;


### 1. welcomes the commission’s efforts to assess and bridge gaps in the implementation of the eld across the member states; ### 1. welcomes the commission’s efforts to assess and bridge gaps in the implementation of the eld and the ecd across the member states;


### 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; ### 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 and the quality of life and that efforts to prevent pollution and alleviate its consequences should be the duty of all eu companies;


### 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; ### 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;


### 2. observes that the discretionary powers set out in the eld 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 in 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; ### 2. points out that the discretionary powers set out in the eld , the lack of awareness and information about the eld , insufficient resources and expertise 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 in 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;


### 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; ### 3. notes that the extremely vague and incomplete provisions of the directives on responsibility for environmental conservation and criminal liability for protection of the environment are partly to blame for the disparate and fragmented implementation thereof , for which the rules have frequently proved ineffective; stresses the urgent need to update such legislation , introducing much more timely and stringent regulatory action in the member states , if necessary opting for a regulation instead of a directive , introducing directly applicable rules to accompany the green new deal policy that the eu considers a top priority today ; calls on the commission and the member states to allocate appropriate financial and human resources to preventing , investigating and prosecuting environmental crimes;


### 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; ### 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; considers that incitement to commit an environmental offence or participation and complicity therein must also give rise to criminal sanctions;


### 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; ### 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;


### 4. regrets that in many member states , the budgets of environmental inspectorates have stagnated or decreased due to the financial crisis and that even large , well-resourced authorities can find it difficult to independently develop knowledge of the best ways to ensure compliance; is thus of the opinion that stronger support at eu level is needed , for example through accessible information portals , commonly used networks (eu networks for practitioners) , best practice information and guidance , additional training programmes , training materials and guidance on skills , as this could increase the pressure on ‘black sheep’ companies and benefit companies that respect the law; ### 4. regrets that in many member states , the budgets of environmental inspectorates have stagnated or decreased due to the financial crisis and that even large , well-resourced authorities can find it difficult to independently develop knowledge of the best ways to ensure compliance; is thus of the opinion that stronger support at eu level is needed and , therefore , calls on the commission to support member states in the development of tools for operators , competent authorities , civil society organisations and insurers , for example through accessible information portals , commonly used networks (eu networks for practitioners) , best practice information and guidance , additional training programmes , training materials and guidance on skills , as this could increase the pressure on ‘black sheep’ companies , benefit companies that respect the law and would enable stakeholders , operators and the public to become more aware of the existence of the eld regime and its enforcement and thus contribute to better prevention and remediation of environmental damages;


### 5. recognises the direct or indirect connection between environmental offences and transnational organised crime and corruption2; ### 5. recognises the direct or indirect connection between environmental offences and transnational organised crime and corruption2; such environmental offences , which generally take the form of 'corporate crimes' , open the door wide to mafia infiltration into the legal economy; this risk is now heightened by the additional opportunities offered to businesses by european funding for post-pandemic recovery;


### 5. takes the view that one of the various causes of the insufficient harmonisation of the eld is the failure to provide for the application of a standard administrative procedure for notifying competent authorities of imminent threats of or actual environmental damage; regrets therefore that there is no obligation to publish such notifications or information about how cases are dealt with; notes that some member states have identified this limitation in their national legislation and have consequently set up databases for notifications , incidents and cases; points out , however , that the practice varies greatly from member state to member state and is rather limited; ### 5. takes the view that one of the various causes of the insufficient harmonisation of the eld is the failure to provide for the application of a standard administrative procedure for notifying competent authorities of imminent threats of or actual environmental damage; regrets therefore that there is no obligation to publish such notifications or information about how cases are dealt with; notes that some member states have identified this limitation in their national legislation and have consequently set up databases for notifications , incidents and cases; points out , however , that the practice varies greatly from member state to member state and is rather limited; stresses that , the revised eld should ensure that entities operating in the public interest , including ngos and affected communities , have a full access to information and data and can play an effective role in commencing and pursuing environmental liability actions in the eu;


### 6. calls on the commission , europol and eurojust to provide support and a more institutionalised structure for existing networks of practitioners; ### 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;


### 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 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; ### 6. reiterates that reliable data on environmental incidents giving rise to the application of the eld or other administrative , civil or criminal instruments should be collected and should be made public 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; asks for the establishment of a european register of cases of environmental damage governed by the eld and calls the commission and all the member states to develop public available databases for reporting on eld cases in order to create better trust in the eld system and better implementation;


### 7. calls on the commission to explore the possibility of extending the mandate of the eppo in future to cover such offences; ### 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;


### 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. ### 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.


### 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; ### 8. calls for the eld to be revised as soon as possible and to be transformed into a fully harmonised regulation; emphasises that eu rules for liability of companies for environmental damage are currently not providing a level playing field , thereby distorting the proper functioning of the eu’s internal market;


### a. whereas the eu’s coordinated environmental strategy encourages cooperation and ensures that eu policies are consistent with each other; ### a. whereas the eu’s coordinated environmental strategy encourages cooperation and ensures that eu policies are consistent with each other; whereas the european green deal sets the ambition of zero-pollution , to be delivered through a cross cutting strategy to protect citizens’ health from environmental degradation and pollution while at the same time calls for a just transition that leaves nobody behind;


### c. whereas the eld complements main pieces of eu environmental legislation , to which it is directly or indirectly linked , in particular the habitat directive9 , the birds directive10 , the water framework directive11 , the marine strategy framework directive12 and the offshore safety directive13 ; ### c. whereas the eld established ‘a framework of environmental liability based on the ‘polluter pays’ principle , to prevent and remedy environmental damage; whereas the eld complements main pieces of eu environmental legislation , to which it is directly or indirectly linked , in particular the habitat directive9 , the birds directive10 , the water framework directive11 , the marine strategy framework directive12 and the offshore safety directive13;


### c. whereas the eld complements main pieces of eu environmental legislation , to which it is directly or indirectly linked , in particular the habitat directive9 , the birds directive10 , the water framework directive11 , the marine strategy framework directive12 and the offshore safety directive13 ; ### c. whereas the eld , which established a framework of environmental liability based on the polluter-pays principle to prevent and remediate environmental damage , complements main pieces of eu environmental legislation , to which it is directly or indirectly linked , in particular the habitat directive9 , the birds directive10 , the water framework directive11 , the marine strategy framework directive12 and the offshore safety directive13;


### e. whereas it appears that the majority of member states do not provide for mandatory financial security instruments in their legislation , but several countries do require them15 ; ### e. whereas it appears that the majority of member states do not provide for mandatory financial security instruments in their legislation , but several countries do require them15; whereas , where implemented , these instruments seem to have proved their worth , showing the interest of an harmonised mandatory financial security regime at eu level;


### f. whereas although sufficient insurance cover is available in most markets , including for complementary and compensatory remediation , demand is generally low due to a lack of reported incidents , sub-optimal enforcement and slower developments in emerging markets16 ; ### f. whereas although sufficient insurance cover is available in most markets , including for complementary and compensatory remediation , demand is generally low due to a lack of reported incidents , sub-optimal enforcement and slower developments in emerging markets16; whereas this as such does not form an obstacle to introducing mandatory financial guarantees;


### g. whereas operator insolvency as a consequence of major accidents remains a problem in the eu; ### g. whereas operator insolvency as a consequence of major accidents remains a problem in the eu , thereby resulting in the disregard for the “’polluter pays’ principle;


### 9. is of the opinion that enforcement should be harmonised and that an eu eld task force made up of highly qualified experts and commission officials should be created to support the member states , upon request , with the implementation and enforcement of the directive on the one hand , and to support and advise victims of environmental damage on the available options for legal action at eu level on the other (comparable to solvit); ### 9. is of the opinion that enforcement should be harmonised and that an eu eld task force made up of highly qualified experts and commission officials should be created to support the member states , upon request , with the implementation and enforcement of the directive on the one hand , and to support and advise victims of environmental damage on the available options for legal action at eu level on the other (comparable to solvit); further calls on the commission to assess the possibility of establishing an eu-based agency vested with monitoring and enforcement powers , in order to enhance legal certainty for operators , enhance uniform implementation of the eu environmental liability regime and deter incorrect application thereof across member states;


### 10. believes that most definitions in the eld should be further clarified to make the directive fair and clear to all stakeholders and to keep pace with the rapid evolution of pollutants; welcomes therefore the current efforts to develop a common understanding document (cud) on key eld definitions and concepts; regrets , however , that the commission and the eld government expert groups did not reach an agreement on its format , meaning that the cud remains a document produced by the consultancy which was hired by the commission to support the implementation of the 2017-2020 multi-annual eld work programme; ### 10. believes that most definitions in the eld should be further clarified and broaden , to make the directive fair and clear to all stakeholders , such as operators , competent authorities , civil society organisations and insurers and to keep pace with the rapid evolution of pollutants; welcomes therefore the current efforts to develop a common understanding document (cud) on key eld definitions and concepts; regrets , however , that the commission and the eld government expert groups did not reach an agreement on its format , meaning that the cud remains a document produced by the consultancy which was hired by the commission to support the implementation of the 2017-2020 multi-annual eld work programme;


### 11. asks the commission to undertake a study to establish whether extending the scope of the eld to align it with other pieces of eu legislation , including the ecd , could limit short- and long-term damage to the environment , human health and air quality; asks the commission , furthermore , to assess whether the precautionary principle approach properly presupposes potentially dangerous risks or effects; ### 11. calls the commission to extend the scope of the eld strict liability to non-annex iii activities to cover all environmental damage , as well as to human health , such as air pollution by cars violating eu car emissions legislation so as to improve the effectiveness of the legislation in implementing the ‘polluter pays’ principle; considers that such extension of scope would streamline the eld with other pieces of eu legislation on protecting human health and environment , including the ecd , and would facilitate adding provisions to the eld , such as including a requirement to carry out preventive measures and emergency remedial action , either in the directive itself or in national law implementing it; asks the commission , furthermore , to assess the potential damage that the so-called industry-led ‘innovation principle’ can have on the short and long term , and the danger it poses to the established precautionary principle and its ability to limit liability in environmental damage;


### 12. calls on the commission to assess whether it would be appropriate to introduce parental and chain liability for damage caused to human health and the environment20 ; ### 12. underlines the need to recognise the parental and chain liability of companies for the actions or omissions of their subsidiaries resulting in damage caused to human health and the environment , and the need for the implementation of a comprehensive monitoring system to provide competent authorities with an effective toolbox to monitor and enforce compliance with environmental and human rights requirements throughout their supply chains , particularly at local level , in line with/and in complement to the principle that eu undertakings have a duty of care and due diligence to prevent environmental harm caused by its subsidiaries active outside of the eu; underlines that such an enforcement system should allow ngos , affected communities and victims to interact and proactively participate in the monitoring process , notably by submitting evidence and data on alleged violations of environmental and human rights requirements;


### 12. calls on the commission to assess whether it would be appropriate to introduce parental and chain liability for damage caused to human health and the environment20 ; ### 12. calls on the commission to introduce a secondary liability regime , that is parental and chain liability for damage caused to human health and the environment20;


### 13. is of the opinion that the optional permit and state-of-the art defences should only be maintained when a company can prove that it could not have known about the danger of its activity (reversed burden of proof); ### 13. calls for the revised environmental liability regime to restrict the scope of application of the ‘permit defence’ and the ‘state of the art defence’ under the eld , also through a reversal of the burden of proof upon moderators , in order to promote the ‘polluter pays’ principle while improving the effectiveness of same environmental liability regime;


### 15. asks the commission to look into the possibility of introducing a mandatory financial security system (covering insurance , bank guarantees , company pools and bonds or funds) with a maximum threshold per case , aiming to prevent taxpayers from having to bear the costs resulting from remediation of environmental damage; asks the commission , in addition , to develop a harmonised eu methodology for calculating the maximum liability threshold , taking into account the activity and the impact on the environment; ### 15. calls on the commission to introduce a mandatory financial security system (covering insurance , bank guarantees , company pools and bonds or funds) with a maximum threshold per case , aiming to prevent taxpayers from having to bear the costs resulting from remediation of environmental damage; highlights that insurance cannot be designed to limit liability , but only to address costs of clean-up;


### 17. is of the opinion that in cases of extremely widespread pollution , not just environmental liability instruments , but a multitude of instruments , including administrative measures , financial penalties and in some cases criminal prosecution , should be applied to remedy the problem; ### 17. is of the opinion that in cases of extremely widespread pollution , not just environmental liability instruments , but a multitude of instruments , including administrative measures , financial penalties and in some cases criminal prosecution , should be applied to remedy the problem; notes that criminal penalties alone are often ineffective as they may lead to large dismissals of environmental cases especially in member states where there is no criminal liability of the corporate entity; also notes that in many member states administrative financial penalties are increasingly used; calls therefore on the commission to facilitate , and on member states to use , administrative fines as a complementary tool alongside criminal sanctions;


### — having regard to the charter of fundamental rights of the european union (the charter) , and in particular articles 2 , 6 , 7 and 8 thereof , ### — having regard to the charter of fundamental rights of the european union (the charter) , and in particular articles 7 and 8 thereof ,


### b. whereas international agreements allowing europol and third countries to cooperate and exchange personal data should respect articles 2 , 6 , 7 and 8 of the charter and be necessary for and proportionate to the fulfilment of europol’s tasks; ### b. whereas international agreements allowing europol and third countries to cooperate and exchange personal data should fully respect the charter of fundamental rights , notably articles 7 and 8 thereof , and be necessary for and proportionate to the fulfilment of europol’s tasks;


### e. whereas europol has designated the threat level from jihadi terrorists as high , and whereas in 2018 , they were responsible for all deaths from terror attacks in the eu; ### deleted


### f. whereas europol has reported that law enforcement agencies used data exchange tools to foil , disrupt or investigate jihadi attacks on 24 occasions in 2018; ### deleted