12 Amendments of Ulrike MÜLLER related to 2021/0422(COD)
Amendment 66 #
Proposal for a directive
Recital 5
Recital 5
(5) Member States should criminalise offence categories and provide for greater precision on the definitions of the offence categories, and gradual harmonisation concerning sanction types and levels, taking into accounts peculiarities of legal systems of Member States.
Amendment 143 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30 a) In order to foster cross-border cooperation, the constant exchange of the latest available data and tendencies in the area of environmental crime between Member States and Europol and Eurojust is crucial.
Amendment 148 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) Specificities of Member States should be taken into account while developing the national strategy on environmental crimes.
Amendment 203 #
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) the placing or making available on the Union market of illegally harvested timber or of timber products that were made of illegally harvested wood, falling within the scope of Regulation (EU) No 995/2010 of the European Parliament and of the Council52 , except for cases where the conduct concerns a negligible quantity; [If a Regulation on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 is adopted before this Directive, point (n) to be replacvised with a criminal offence within the scope of Article 3 of that Regulation.] _________________ 52 Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23–34).
Amendment 254 #
Proposal for a directive
Article 5 – paragraph 5 – introductory part
Article 5 – paragraph 5 – introductory part
5. Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3 and 4 mayshall be subject to additional sanctions or measures which shall include:
Amendment 298 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
In case a criminal act was committed under extortion, it should be considered as a mitigating circumstance.
Amendment 326 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Where an offence referred to in Articles 3 and 4 falls within the jurisdiction of more than one Member State, these Member States shall cooperate to determine which Member State shall conduct criminal proceedings. The matter shall, where appropriate and in accordance with Article 12 of Council Framework Decision 2009/948/JHA59 , be referred to Eurojust and Europol. _________________ 59 Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328, 15.12.2009, p. 42).
Amendment 347 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall take appropriate action, such as information and awareness- raising campaigns, as well as events, and research and education programmes, to reduce overall environmental criminal offences, raise public awareness and reduce the risk of population of becoming a victim of an environmental criminal offence. Where appropriate, Member States shall act in cooperation with the relevant stakeholders and also organize cross-border countries events to underline that environmental crime is an overall problem.
Amendment 349 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States and the Commission shall ensure that national authorities which detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.
Amendment 353 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases, are also available for investigating or prosecuting offences referred to in Articles 3 and 4. Among other investigative tools, Member States may use geospatial intelligence data alongside on-site data.
Amendment 363 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member States shall ensure that the strategy is reviewed and updated at regular intervals no longer than 2,5 years, on a risk- analysis-based-approach, in order to take account of relevant developments and trends and related threats regarding environmental crime.
Amendment 365 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member StatesThe Commission shall ensure that a consolidated review of their statistics of the Member States is regularly published.