Activities of Hartmut NASSAUER related to 2007/0022(COD)
Plenary speeches (3)
Protection of the environment through criminal law (A6-0154/2008, Hartmut Nassauer) (vote)
Protection of the environment through criminal law (debate)
Protection of the environment through criminal law (debate)
Reports (1)
REPORT Proposal for a Directive of the European Parliament and of the Council on the protection of the environment through criminal law PDF (353 KB) DOC (439 KB)
Amendments (15)
Amendment 1 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The legislation listed in the Annex to this Directive contains provisions which should be subject to measures which relate to criminal law, in order to ensure that the rules on environmental protection are fully effective.
Amendment 2 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) The obligations imposed by this Directive relate only to the provisions of the legislation listed in the Annex hereto which entail an obligation for Member States, when implementing that legislation, to provide for prohibitive measures.
Amendment 3 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Where a continuing activity proves after a lapse of time to give rise to environmental damage which may in turn give rise to criminal liability under this Directive, the question whether or not the perpetrator of the damage acted intentionally or negligently should be determined by reference to the time when the perpetrator became aware, or should have been aware, of the facts constituting the offence and not to the time when the perpetrator commenced its activity. It should be borne in mind in this connection that the prior grant of an authorisation, licence or concession should not constitute a defence in such circumstances.
Amendment 4 #
Proposal for a directive
Article 2 – point a
Article 2 – point a
(a) “unlawful” means infringing a Community legislationact listed in the Annex hereto or a law, an administrative regulation or a decision taken by a competent authority in a Member State aiming at the protection of the environmentintended to transpose Community legislation.
Amendment 5 #
Proposal for a directive
Article 2 – point a a (new)
Article 2 – point a a (new)
(aa) "protected wild fauna and flora species" means: (i) for the offence referred to in Article 3(g), those listed in: – Annex IV to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and wild fauna and flora1; – Annex 1 to, and referred to in Article 4(2) of, Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds2; and (ii) for the trade-related offence referred to in Article 3(ga), those listed in: – Annexes A or B to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein3; __________________________________ 1 OJ L 206, 22.7.1992, p. 7. Directive as last amended by Directive 2006/105/EC (OJ L 363, 20.12.2006, p. 368). 2 OJ L 103, 25.4.1979, p. 1. Directive as last amended by Directive 2006/105/EC (JO L 363, 20.12.2006, p. 368). 3 OJ L 61, 3.3.1997, p. 1. Regulation as last amended by Commission Regulation (EC) No 1332/2005 (OJ L 215, 19.8.2005, p. 1).
Amendment 6 #
Proposal for a directive
Article 2 – point a b (new)
Article 2 – point a b (new)
(ab) "habitat within a protected site", means any habitat of species for which an area is classified as a special protection area pursuant to Article 4(1) or (2) of Directive 79/409/EEC, or any natural habitat or a habitat of species for which a site is designated as a special area of conservation pursuant to Article 4(4) of Directive 92/43/EEC.
Amendment 7 #
Proposal for a directive
Article 3 – introductory wording
Article 3 – introductory wording
Member States shall ensure that the following conduct constitutes a criminal offence, when unlawful and committed intentionally or with at least serious negligence:
Amendment 8 #
Proposal for a directive
Article 3 – point a
Article 3 – point a
Amendment 9 #
Proposal for a directive
Article 3 – point g
Article 3 – point g
(g) the unlawful possession, taking, damaging, killprocessing or tradkilling of or in specimens of protected wild fauna and flora species or parts or derivatives thereof and the killing or destruction of such specimens, except in cases where the conduct concerns a negligible quantity of those specimens and has a negligible impact on the conservation status of the species;
Amendment 10 #
Proposal for a directive
Article 3 – point g a (new)
Article 3 – point g a (new)
(ga) trading in specimens of protected wild fauna and flora species or parts or derivatives thereof, except in cases where the conduct concerns a negligible quantity of those specimens and has a negligible impact on the conservation status of the species;
Amendment 11 #
Proposal for a directive
Article 3 – point h a (new)
Article 3 – point h a (new)
(ha) the significant deterioration of a habitat within a protected site through building work, stone clearance, deforestation, grubbing and planting work, and arson or comparable serious acts;
Amendment 12 #
Proposal for a directive
Article 3 – point i
Article 3 – point i
(i) the unlawful trade irade in, or the manufacture, placing on the market, distribution or use of, ozone- depleting substances.
Amendment 13 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a Offences committed with serious negligence Member States shall ensure that the forms of conduct listed in points (a) to (f) and points (h) and (i) of Article 3 constitute criminal offences, when committed with serious negligence.
Amendment 14 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Adoption of new legislation Whenever subsequent legislation on environmental matters is adopted, it shall specify where appropriate that the Annex to this Directive is to be amended.
Amendment 15 #
Proposal for a directive
Annex (new)
Annex (new)