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1,012 documents from ClientEarth
La propriété de l’arbre et de la forêt en Côte d’Ivoire
The document examines the complex legal landscape of tree and forest ownership in Côte d'Ivoire, primarily focusing on the 2019 Forestry Code, the rural land law, and the Civil Code. It distinguishes between natural and planted vegetation and details how ownership is attributed to individuals, legal entities, and rural communities, while noting that ownership does not grant an automatic right to exploit timber without state authorization.
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Document type: Briefing
FCA Consultation CP20/3: Proposals to enhance climate-related disclosures
ClientEarth argues that the FCA's proposals in CP20/3 are inadequate to protect consumers and ensure market integrity. The organization recommends making TCFD-aligned disclosures mandatory for all listed issuers by 2022, requiring a 'Paris-aligned' strategy for net zero by 2050, and clarifying materiality tests to align with investor expectations. It also calls for consistency with EU disclosure laws and stronger enforcement to close existing accountability gaps.
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Document type: Briefing
Request for a meeting re. CAP alignment with the European Green Deal
The document argues that the current CAP reform proposal is misaligned with the European Green Deal, lacking quantified targets and sufficient safeguards to prevent the funding of environmentally harmful farming practices.
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Document type: Statement
Recommendations for the European Commission and the EU Council on the setting of Northeast Atlantic fishing opportunities for 2021
The document argues that the EU failed to meet the 2020 legal deadline to end overfishing in the Northeast Atlantic, noting that 46 percent of Total Allowable Catches (TACs) in December 2019 exceeded scientific advice. It recommends that 2021 TACs be set strictly within the best available scientific advice from ICES, that landing obligation (LO) compliance be factored into catch limits, and that transparency be improved regarding the rationale for TAC proposals.
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Document type: Statement
Reply to the Commission on the state of progress in implementing the CFP through the setting of fishing opportunities
The document argues that the EU missed its 2020 deadline to end overfishing of all stocks and identifies four critical gaps in the implementation of the Common Fisheries Policy (CFP). It highlights that 38% of analysed stocks in the Northeast Atlantic remain overfished and criticizes the Commission for omitting data-limited stocks from reporting and failing to strictly adhere to scientific advice when setting total allowable catches (TACs). The authors emphasize that ending overfishing is essential for the European Green Deal and the EU Biodiversity Strategy, and they call for the adoption of remote electronic monitoring (REM) to ensure compliance with the landing obligation.
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Document type: Statement
Recommendations for deep‐sea fishing limits 2021‐2022
The document argues that EU deep-sea fish populations are depleted or under-assessed and that current management fails to meet the Common Fisheries Policy (CFP) objective of ending overfishing. It recommends that fishing limits be based on the best available scientific advice, specifically urging the reintroduction of Total Allowable Catches (TACs) for stocks where they were removed, and setting zero TACs for orange roughy, red seabream in area 6-8, and deep-sea sharks.
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Document type: Statement
Recommendations to the parties managing shared fish stocks in the Northeast Atlantic
The document urges the EU, UK, and other Northeast Atlantic coastal states to establish a joint fisheries management framework based on scientific advice and the Maximum Sustainable Yield (MSY) to end overfishing. It recommends multilateral collaboration, the adoption of a precautionary approach as defined by the UNFSA, and the use of peer-reviewed data from independent institutions like ICES. Specific priorities include recovering North Sea cod stocks and resolving allocation issues for large pelagic stocks such as mackerel, herring, and blue whiting, while ensuring transparency in accordance with the Aarhus Convention.
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Document type: Statement
Setting Total Allowable Catches (TACs) in the context of the Landing Obligation
The document warns that basing Total Allowable Catches (TACs) on total catch advice leads to overfishing when the Landing Obligation (LO) is not followed. It proposes three solutions: strict enforcement via Remote Electronic Monitoring, setting TACs below advised levels to account for illegal discards, or making quota top-ups conditional on proven compliance.
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Document type: Statement
Consultation: Ending the sale of new petrol, diesel and hybrid cars and vans
ClientEarth advocates for a legally binding 2030 deadline to end the sale of new internal combustion engine vehicles in the UK, arguing that the government's proposed 2035 date is insufficient to tackle illegal air pollution and climate change. The response emphasizes that Zero Exhaust Emission Vehicles (ZEEVs) should be the only vehicles sold, excluding hybrids due to their failure to deliver promised environmental benefits. To achieve this, ClientEarth recommends a combination of supply-side mandates, CO2 performance standards, expanded charging infrastructure, and demand incentives such as VAT exemptions and a targeted diesel scrappage scheme. The document highlights the severe health impacts of NO2 and PM2.5 pollution, noting that road transport is a primary contributor to illegal pollution levels in UK cities.
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Document type: Statement
Ask the right question, get the right answer: Scientific advice for bycatch or non-targeted stocks that have zero catch advice
The document criticises the European Commission for requesting 'technical service' catch scenarios from ICES for fish stocks that have official zero-catch advice, arguing this prioritises target fisheries over the legal sustainability requirements of the Common Fisheries Policy (CFP). It asserts that only the official stock-specific advice reflects the goal of restoring stocks above levels capable of producing Maximum Sustainable Yield (MSY). To restore vulnerable stocks like Irish Sea whiting and West of Scotland cod, the author recommends cutting target stock TACs, implementing Remote Electronic Monitoring (REM), and developing rebuilding plans with spatial or seasonal closures.
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Document type: Statement
Let's get the numbers right: What proportion of fish stocks are sustainably managed in the EU?
The document critiques the European Commission's (DG MARE) use of a 99% sustainability figure for fish landings, arguing it masks ongoing overfishing by excluding shared stocks and those without specific scientific advice. It contends that focusing on landing volumes rather than the number of individual stocks ignores depleted species and fails to meet the legal requirements of the Common Fisheries Policy (CFP). The author recommends shifting reporting to stock numbers and including all harvested stocks to ensure transparency and ecosystem-based management.
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Document type: Statement
The Trade and Sustainable Development Chapter in the EU-Mercosur Association Agreement
The paper argues that the TSD Chapter of the EU-Mercosur Association Agreement is not fit for purpose, citing its inability to reinforce Paris Agreement commitments, a weak dispute settlement mechanism lacking sanctions, and insufficient monitoring of environmental and social impacts. It highlights gaps in the agreement's scope regarding human rights and supply chain responsibility, and recommends fundamental reforms to monitoring, enforcement, and the role of civil society.
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Document type: Research paper
Conditions for a resilient recovery in the UK
ClientEarth urges the UK government to mandate that companies receiving public recovery funds commit to TCFD reporting, net zero emissions by 2050, Paris-aligned business plans, linked executive remuneration, and restrictions on executive pay and capital distributions.
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Document type: Statement
Position Statement
ClientEarth proposes that the UK Government mandate five legally enforceable conditions for companies listed in the UK or with an annual turnover exceeding £45 million receiving recovery support. These conditions include reporting according to TCFD recommendations, committing to net zero emissions by 2050 or earlier (covering scopes 1, 2, and 3), and disclosing a Paris-aligned business plan within 12 months. Additionally, the proposal suggests linking executive remuneration to these targets and restricting executive pay and capital distributions during the support period. ClientEarth emphasizes that the Government, as steward of public funds, must monitor compliance, impose sanctions for non-compliance, and maintain transparency by disclosing support and conditions on a company-by-company basis.
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Document type: Statement
Practical guide on law reforms in the forest sector
The document outlines a comprehensive approach to forest sector law reform, emphasizing the necessity of a clear forest policy, inclusive stakeholder participation, and a structured, iterative process. It provides technical guidance on drafting clear, coherent laws that comply with legal hierarchies and avoid contradictions with other sectoral legislation. Through case studies from Ghana, the Republic of Congo, Liberia, and Côte d’Ivoire, the guide demonstrates how civil society engagement and targeted advocacy can lead to improved forest governance, including the recognition of community land rights and the implementation of sustainable management principles.
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Document type: Guide
Emissionsgrenzwerte für Kohlekraftwerke: Gesundheitliche Folgen der vorgeschlagenen Grenzwerte in Deutschland
The report finds that the German government's proposed emission limits for coal power plants would lead to 26,000 attributable deaths and €73 billion in economic costs between 2022 and 2038. Implementing the best available techniques (BAT) for all plants would reduce deaths to 5,800 and costs to approximately €15.8 billion. The study also highlights significant mercury emissions under the government's plan, which would cause 1,100 deaths and 400,000 IQ points of neurological damage in children.
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Document type: Research paper
Coal phase-out compensation for LEAG Non-compliance with State aid law and the EU’s 2019 Electricity Market Regulation
The document analyzes two primary compensation mechanisms for LEAG's lignite-fired units in Lusatia: Direct Closure Payments and a New Security Reserve. It argues that the EUR 1.75 billion in Direct Closure Payments lack a meaningful incentive effect because the plants would close on a similar or earlier schedule under business-as-usual scenarios, resulting in minimal CO2 reductions. Furthermore, it contends that the New Security Reserve is unlawful as it fails to meet the design and transparency requirements of the EU's 2019 Electricity Market Regulation and creates a perverse incentive for operators to increase generation prior to mothballing to maximize remuneration.
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Document type: Research paper
SETTING THE RIGHT SAFETY NET: A FRAMEWORK FOR FISHERIES SUPPORT POLICIES IN RESPONSE TO COVID-19
The briefing argues that Covid-19 response policies for the fisheries sector should not merely provide financial relief but should be used to 'build back better' by integrating environmental and social goals. It introduces ten principles—including concurrent crisis response, efficiency, and conditionality—to evaluate support measures. The author advocates for income support over vessel-cost subsidies to avoid overcapacity and suggests that any support for fixed costs be conditional on environmental improvements, such as adopting low-impact gear. The document also warns against deregulation, such as increasing interannual quota flexibility, and calls for a long-term shift toward industry cost recovery for fisheries management.
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Document type: Briefing
The modernisation of the Energy Charter Treaty - ensuring consistency and mutual supportiveness between climate, energy and investment policies
ClientEarth and IISD Europe argue that the Energy Charter Treaty (ECT) acts as an obstacle to climate action due to its investor-state dispute settlement (ISDS) mechanism, which allows energy companies to challenge environmental regulations. They contend that the European Commission's current modernisation proposal is insufficient because it maintains the ability for investors to bypass national courts and seek high damages awards. The authors propose a specific ISDS carve-out for climate measures, a requirement for investors to exhaust domestic legal remedies first, and a redesign of the treaty to differentiate between low-carbon and carbon-intensive energy investments.
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Document type: Statement
Illegal logging in natural forests of Romania - new complaint to the European Commission submitted by EuroNatur, Agent Green and ClientEarth
The document details a legal complaint against the Romanian government for large-scale illegal logging in primary and old-growth forests, specifically within Natura 2000 protected sites. It argues that Romania has failed to implement the EU Timber Regulation, the Habitats Directive, and the Birds Directive, leading to the loss of half of the country's identified intact virgin forests over the last 15 years. Evidence from the Făgăraș Mountains, Maramures Mountains, and Domogled shows significant habitat deterioration and threats to protected species, including the capercaille.
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Document type: Briefing