146 Amendments of Tilly METZ related to 2021/0422(COD)
Amendment 124 #
Proposal for a directive
Recital 1
Recital 1
(1) According to Article 3(3) of the Treaty on European Union (TEU) and Article 191 of the Treaty on the Functioning of the European Union (TFEU), the Union is committed to ensuring a high level of protection and improvement of the quality of the environment, a prudent and rational utilisation of natural resources, promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change. According to Article 191 of the Treaty on the Functioning of the European Union (TFEU), Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.
Amendment 126 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) According to the Charter of Fundamental Rights of the European Union, the Union must ensure the protection of fundamental rights, and in particular the level of protection of the environment and the improvement of its quality (Article 37), the right to life (Article 2) and the right to personal integrity (Article 3). Considering that the impact of environmental crime not only affects biodiversity, climate and planetary boundaries, but also human rights and human and environmental health, the fight against environmental crime should be a priority at EU level in order to ensure the protection of these rights and prevent environmental damage.
Amendment 128 #
Proposal for a directive
Recital 2
Recital 2
(2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. In just a few decades, environmental crime has become the fourth largest criminal sector in the world, growing two to three times faster than the global economy1a,1b and is now as lucrative as drug trafficking2a. Such offences pose a threat to the environment, to the climate and the safety of the planet and therefore call for an appropriate and effective response. The Union should encourage and enable more efficient and swifter cross-border cooperation between competent authorities at EU and national level. _________________ 1a INTERPOL-UN Environment (2016), Strategic Report: Environment, Peace and Security, A Convergence of Threats. 1b UNEP (2018), The State of knowledge of crimes that have serious impacts on the environment. 2a Eurojust (2021), Rapport sur le travail d'Eurojust sur les crimes environnementaux.
Amendment 133 #
Proposal for a directive
Recital 3
Recital 3
(3) The existing systems of penalties under Directive 2008/99/EC of the European Parliament and of the Council20 and environmental sectoral law have not been sufficient in all environmental policy area to achieve compliance with Union law for the protection of the environment. Compliance should be strengthened by the availability of criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties. Criminal law, as the guardian of essential social values to be protected, must evolve in order to address current issues, in particular environmental and climate challenges. Environmental criminal law must emancipate itself from administrative regulations and thus become a complementary tool to prevent, dissuade and repair behaviour that damages the environment. _________________ 20 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
Amendment 137 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Despite the growing number of environmental crimes, a harmonised and accepted definition of environmental crimes does not yet exist at European and national level. This Directive aims to provide a general framework by defining autonomous environmental crime, in addition to the EU-wide common set of definitions of specific environmental offences1a. _________________ 1a See Rome, IAI e AMBITUS, May 2022, p. 19.
Amendment 139 #
Proposal for a directive
Recital 4
Recital 4
(4) The effective investigation, prosecution and adjudication of environmental criminal offences should be improved. The list of environmental criminal offences which were set out in Directive 2008/99/EC should be revised and additional categories of offences based on the most serious breaches of Union environmental law should be added. A procedure should also be established to update automatically the list of criminal offences in this Directive as environmental legislation develops. Provisions on sanctions should be strengthened in order to enhance their deterrent effect as well as the enforcement chain in charge of detecting, investigating, prosecuting and adjudicating environmental criminal offences.
Amendment 140 #
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 harmonisation concerning sanction types and levels. The Commission should develop sentencing guidelines that will assist the Member States in the harmonisation of sanction types and levels as per the provisions of this Directive, and help ensure that sanctions for the offences are effective, dissuasive and proportionate, and where appropriate identical among the Member States, and that perpetrators who are convicted and subjected to sanctions do not profit from their illegal activities.
Amendment 151 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to cover all forms of environmental crimes, and in line with existing legislation in different national criminal law systems, Member States should criminalise autonomous categories of environmental offences by creating an offence of endangering the environment when a conduct directly or indirectly exposes the environment to an immediate risk of substantial damage or when, knowingly, a conduct causes a substantial damage to the environment. Criminal law has its own characteristics which make it more dissuasive than administrative law, especially in terms of applicable sanctions.
Amendment 152 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
Amendment 153 #
Proposal for a directive
Recital 9
Recital 9
(9) The environment shouldis threatened daily by destruction and deterioration, seriously endangering natural and human systems around the world but also increasingly in the EU. The environment should thus be protected in a wide sense, as set out under Article 3 (3) TEU and Article 191 TFEU, covering all natural resources - air, water, soil, wild fauna and flora including habitats - as well as services provided by natural resourc, ecosystems and species population- as well as functions and services provided by natural resources, and their interactions as well as respect for planetary boundaries.
Amendment 157 #
Proposal for a directive
Recital 10
Recital 10
(10) The acceleration of climate change, biodiversity loss and environmental degradation, as exemplified by exceedance of six of the nine planetary boundaries, paired with tangible examples of their devastating effects, have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity and justice. Therefore, when Union legislation covered by this Directive evolves, this Directive should also automatically cover any updated or amended Union legislation falling within the scope of criminal offences defined under this Directive, when the obligations under Union law remain unchanged in substance. However, when new legal instruments prohibit new conduct harmful to the environment, this Directive should be amended in order to add to the categories of criminal offences also the new serious breaches of Union environmental law. In such cases, the amendment of the Directive should be limited to the incorporation of new criminal offences, and only concern Article 3 and related provisions of the Directive, in order to reflect this incorporation only.
Amendment 164 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Environmental crimes can be perpetrated by a range of actors, from individuals, small groups, companies and corporations, corrupt government individuals, organised criminal networks, and often a combination of all these1a. Large multinational corporations may exploit and damage the environment in order to generate more profit or reduce their costs, including through natural resource exploitation, pollution crimes and hazardous waste disposal. _________________ 1a UNEP (2018), The State of Knowledge of Crimes that have Serious Impacts on the Environment, p. IX.
Amendment 169 #
Proposal for a directive
Recital 13
Recital 13
(13) Inciting, and aiding and abetting the criminal offences committed intentionally should also be punishable. An attempt to commit a criminal offence that causes death or serious injury of a person, substantial damage to the environment or is likely to cause substantial damage to the environment or is otherwise considered particularly harmful should also constitute a criminal offence when committed intentionally. When such conduct is observed within public administration, it is essential to be able to bring the matter before the courts and apply criminal sanctions.
Amendment 172 #
Proposal for a directive
Recital 14
Recital 14
(14) Sanctions for the offences should be effective, dissuasive and proportionate. To this end, minimum levels for the maximum term of imprisonment should be set for natural persons. Accessory sanctions are often seen as being more effective than financial sanctions especially for legal persons. Additional sanctions or measures should be therefore available in criminal proceedings. These should include the obligation to reinstate the environment, exclusion from access to public funding, including tender procedures, grants and concessions and, withdrawal of permits and authorisations and making sentences public. The Commission should present, within one year after entry into force of this Directive, guidance classifying sanctions for national competent authorities, prosecutors and judges. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases.
Amendment 175 #
Proposal for a directive
Recital 15
Recital 15
(15) Where national law provides for it, lLegal persons should also be held criminally liable for environmental criminal offences according to this Directive. Like natural persons, legal persons who are perpetrators, instigators or accomplices in offences must be held responsible and subject to criminal proceedings. Member States whose national law does not provide for the criminal liability of legal persons should ensure that their administrative sanctioning systems provide for effective, dissuasive and, proportionate and where possible identical sanctions types and levels as laid down in this Directive in order to achieve its objectives. Financial situation of legal persons should be taken into account to ensure the dissuasiveness of the sanction imposed, the direct and indirect environmental consequences in the short, medium and long term as well as, if applicable, the irreversible nature of the environmental damage should be taken into account to ensure the dissuasiveness of the sanction imposed. Finally, the level of criminal sanctions applicable to legal persons for other categories of offences should be taken into account.
Amendment 180 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) While the recognition of the crime of ecocide is currently being discussed in several national parliaments around the world and in the EU, the EU should seize this issue to remain a world leader in environmental protection legislation and to ensure harmonised definition and sanctions ex ante, and not ex post. Member States shall therefore adopt a crime of ecocide, which shall be considered a criminal offence for the purposes of this Directive and be defined as unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused. This specific crime makes it possible to identify the most serious damage to the environment and thus to provide for a graduation of sanctions according to the gravity of the harm to the environment.
Amendment 182 #
Proposal for a directive
Recital 17
Recital 17
(17) Where the crimes are of a continuing nature, they should be brought to an end as soon as possible. Where offenders have made financial gains, such gains should be confiscated and could have substantial or even irreversible consequences on the environment, they should be brought to an end as soon as possible on the basis of the precautionary and preventive principles enshrined in Article 191(2) TFEU. Therefore the Commission encourages Member States to establish a mechanism at national level to deal with cases in an accelerated procedure where there is a risk of irreversible or substantial damage to the environment. Where offenders have made financial gains, such gains should be confiscated. These financial gains should be used to repair damages caused to the environment, to compensate victims and to finance measures aimed at combating similar crimes.
Amendment 186 #
Proposal for a directive
Recital 19
Recital 19
(19) Member States should lay down rules concerning limitation periods necessary and adapted to the specificities of environmental damage, the occurrence of which is often spread over time, in order to enable them to counter environmental criminal offences effectively, without prejudice to national rules that do not set limitation periods for investigation, prosecution and enforcement. Member States shall also ensure that special measures of limitation may be applied in the case of concealment of an offence, i.e. where the offender has prevented its discovery. In this case, the time limit shall run only from the day when the offence could be established under conditions that allow prosecution.
Amendment 190 #
Proposal for a directive
Recital 21
Recital 21
(21) Member States should define the scope of administrative and criminal law enforcement clearly with regard to environmental offences according to their national law. Criminal proceedings and related sanctions should be fully separate and independent from administrative proceedings and sanctions. In the application of national law transposing this Directive, Member States should ensure that the imposition of criminal sanctions and of administrative sanctions respects the principles of the Charter of Fundamental Rights of the European Union, including the prohibition of ne bis in idem.
Amendment 192 #
Proposal for a directive
Recital 22
Recital 22
(22) Furthermore, judicial and administrative authorities in the Member States should have at their disposal a range of criminal sanctions and other measures to address different types of criminal behaviour in a tailored and effective manner. With regard to financial sanctions, these authorities must take into account the financial situation of legal persons and in particular the turnover but also the illegal gains resulting from the realisation of the damage.
Amendment 194 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
Amendment 196 #
Proposal for a directive
Recital 23
Recital 23
(23) Given, in particular, the mobility of perpetrators of illegal conduct covered by this Directive, together with the cross- border nature of offences and the possibility of cross-border investigations, Member States should establish jurisdiction in order to counter such conduct effectively. Member States should thus extend their jurisdiction where an offence creates a risk for the environment on its territory or where it is committed against its residents. Considering the limits of the territoriality principle in applying criminal law to environmental crimes of a transboundary nature and the significant number of cases where EU actors are involved in environmental crimes taking place outside of Europe, Member States should introduce so-called universal jurisdiction for serious environmental crimes, in particular when it comes to ecocide.
Amendment 201 #
Proposal for a directive
Recital 24
Recital 24
(24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, people and civil society organisations perform a service of public interest and play a key role in exposing and preventing such breaches, and thus safeguarding the environment and the welfare of society. Individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. Persons who report irregularities are known as whistleblowers. Potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. Such persons should benefit from balanced and effective whistleblowers protection set out under Directive (EU) 2019/1937of the European Parliament and of the Council25 . _________________ 25 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305/17).
Amendment 205 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
Amendment 206 #
Proposal for a directive
Recital 24 b (new)
Recital 24 b (new)
(24b) By monitoring, raising awareness and educating on the issues and consequences of environmental crime, non-governmental organisations play a key role in effectively combating environmental crime and better preventing criminal behaviour.
Amendment 207 #
Proposal for a directive
Recital 24 c (new)
Recital 24 c (new)
(24c) Environmental defenders may also be subject to abusive lawsuits and threats, and should be protected from such abusive practices, also known as "Strategic lawsuits against public participation"1a. [Add a reference of the Directive of the European Parliament and of the Council on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings ("Strategic lawsuits against public participation", once it is adopted] _________________ 1a European Parliament resolution of 11 November 2021 on strengthening democracy and media freedom and pluralism in the EU: the undue use of actions under civil and criminal law to silence journalists, NGOs and civil society (2021/2036(INI)).
Amendment 208 #
Proposal for a directive
Recital 25
Recital 25
(25) Other natural or legal persons may also possess valuable information concerning potential environmental criminal offences. They may be members of the community affected, non- governmental organisations or members of society at large taking an active part in protecting the environment. Such persons who report environmental crimes as well as persons who cooperate with the enforcement of such offences should be provided the necessary support and assistance in the context of criminal proceedings, so that they are not disadvantaged for their cooperation but supported and assisted. notably financially. These persons should also be protected from being harassed or unduly prosecuted for reporting such offences or their cooperation in the criminal proceedings.
Amendment 210 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) In order to further strengthen the role of civil society in the criminal justice system, the European Commission should encourage the European Ombudsperson to work closely with EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor's Office and the European Anti-Fraud Office (OLAF), in their respective areas of competence.
Amendment 211 #
Proposal for a directive
Recital 26
Recital 26
(26) SConsidering the intrinsic value of nature and since nature cannot represent itself as a victim in criminal proceedings, for the purpose of effective enforcement members of the public concerned, as defined in this Directive taking into account Articles 2(5) and 9(3) of the Aarhus Convention26 , should have the possibility to act on behalf of the environment as a public goodnatural common, within the scope of the Member States’ legal framework and subject to the relevant procedural rules. In order to ensure respect for the right to an effective remedy enshrined in Article 47 of the Charter of Fundamental Rights and Article 9(3) of the Aarhus Convention, obstacles to access to justice should be limited by reducing the length and cost of proceedings for victims of environmental damage, increasing the powers of the courts to order effective compensation, and extending the possibility for members of the public to participate in proceedings as civil parties. _________________ 26 United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters.
Amendment 212 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) The role of environmental non- governmental organisations in representing the interests of victims and bringing legal actions should also be recognised and therefore their role in criminal proceedings should be enhanced. Because they act in defence of the environment, because they are spokespersons for potential victims of environmental offences, these organisations should be able to act as civil parties in the event of prosecution of environmental offences. In the absence of identifiable victims, their role is all the more important to defend the direct voice of ecosystems and to seek redress for environmental damage.
Amendment 213 #
Proposal for a directive
Recital 26 b (new)
Recital 26 b (new)
(26b) The European Commission should also commit to developing guidelines under this Directive to specify the procedural framework for the participation of members of the public in the criminal prosecution of environmental offences, including the definition of easily accessible admissibility criteria. The Commission could draw, for example, inspiration from legislation already in place in certain Member States, such as Spain, where criminal proceedings are public and can be brought by any citizen, thus becoming an accusatory party in the criminal proceedings.
Amendment 214 #
Proposal for a directive
Recital 26 c (new)
Recital 26 c (new)
(26c) The Commission should encourage Member States to take any initiative facilitating access to justice for members of the public, including the establishment of local centres specialised in access to justice and environmental issues.
Amendment 215 #
Proposal for a directive
Recital 26 d (new)
Recital 26 d (new)
(26d) Member States should establish at national level a High Authority for Planetary Boundaries. This independent administrative authority should be a body for information, exchange and expertise on strategic issues related to the protection and respect of planetary boundaries. To this end, the High Authorities should organise regular consultations with other consultation and reflection bodies whose missions are related to environmental protection as well as establishing a platform for alerting the State or to the organs of justice in the event of a proven or future danger.
Amendment 216 #
Proposal for a directive
Recital 28
Recital 28
(28) The effective functioning of the enforcement chain depends on a range of specialist skills. As the complexity of the challenges posed by environmental offences and the technical nature of such crime require a multidisciplinary approach, a high level of legal knowledge, technical expertise and financial support as well as a high level of training and specialisation within all relevant competent authorities are necessary. Member States should provide training appropriate to the function of those who detect, investigate, prosecute or adjudicate environmental crime. To maximise the professionalism and effectiveness of enforcement chain, Member States should also consider assigning specialised investigation units, prosecutors and criminal judges to deal with environmental criminal cases. General criminal courts could provide for specialised chambers of judges. Technical expertise and financial support should be made available to all relevant enforcement authorities.
Amendment 219 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) The Commission, Europol and Eurojust should support and develop a more institutionalised structure for existing networks of practitioners such as the European Environmental Prosecutors' Network (EEPN) and the European Union Forum of Judges for the Environment (EUFJE) with the participation of all stakeholders and work to strengthen the work of the informal environmental crime network ("EnviCrimeNet").
Amendment 220 #
Proposal for a directive
Recital 30 b (new)
Recital 30 b (new)
(30b) With a view to closer cooperation between Member States on environmental crime, the EU should consider extending the mandate of the European Public Prosecutor's Office (EPPO) to the criminal offences defined in this Directive. The EPPO, which has its own powers and authority to coordinate investigations and prosecutions in cross- border cases, is currently the European body best placed to deal with the most serious environmental crimes with a cross-border dimension. An extension of the mandate of the EPPO to cover serious environmental crime with across-border dimension, via the European Council in accordance with Article 86(4) TFEU, is therefore necessary. The EPPO would thus be able to deal with crimes with a cross-border dimension for which the strengthening of the criminal response is unlikely to be achieved through the traditional channels of judicial cooperation.
Amendment 221 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) Due to its global impact and cross- border nature, the EU and its Member States should make the fight against environmental crime a strategic political priority in international judicial cooperation and within the institutions and the Conference of the Parties to the United Nations Framework Convention on Climate Change, in particular by promoting compliance with multilateral environmental agreements through the adoption of criminal sanctions and the exchange of best practices and data on environmental crime. This international approach to environmental crime should also include extending the scope of the International Criminal Court to the crime of ecocide, and the EU and its Member States have a key role and responsibility in this regard.
Amendment 222 #
Proposal for a directive
Recital 32
Recital 32
(32) To effectively tackle the criminal offences referred to in this Directive, it is necessary that competent authorities in the Member States collect accurate, consistent and comparable data on the scale of and trends in environmental offences and the efforts to combat them and their results. These data should be used for preparing statistics to serve the operational and strategic planning of enforcement activities as well as for providing information to citizens. Member States should collect and report to the Commission and make available online to the public relevant statistical data on environmental offences. T, in particular specifying the sanctions imposed on the authors of offences. In order to facilitate the work of civil society actors, and in particular environmental non-governmental organisations, Member States should set up a public platform at national level to collect data on environmental crime. At European level, the Commission should regularly assess and publish the results based on the data transmitted by the Member States.
Amendment 225 #
Proposal for a directive
Recital 33
Recital 33
(33) The statistical data collected under this Directive on environmental offences should be comparable between the Member States and collected on the basis of common minimum standards. In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission to define the standard format for statistical data transmission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council27 . These data aggregated at European level shall be available on a country-by-country basis according to the categories of information referred to in paragraph 2 of Article 21 of this Directive, under the supervision of Eurostat. _________________ 27 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 229 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning the definition of environmental criminal offences and sanctions in orderas well as means and resources in order to combat environmental crime and to protect the environment more effectively.
Amendment 246 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘legal person’ means any legal entity having such status under the applicable national law, except for States or public bodies exercising State authority and for public international organisations;
Amendment 252 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘public concerned’ means the persons affected or likely to be affected by the offences referred to in Articles 3, 3a or 4. For the purposes of this definition, persons having a sufficient interest or maintaining the impairment of a right as well as non- governmental organisations promoting the protection of the environment and meeting any proportionate requirements under national law shall be deemed to have an interest;
Amendment 259 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘wanton’ means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated;
Amendment 262 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
(5b) ‘severe’ means damage which involves very serious adverse changes, disruption or harm to any element of the environment, including grave impacts on human life, or natural, cultural or economic resources;
Amendment 268 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 c (new)
Article 2 – paragraph 1 – point 5 c (new)
(5c) ‘widespread’ means damage which extends beyond a limited geographic area, crosses state boundaries, or is suffered by an entire ecosystem or species or a large number of human beings ;
Amendment 271 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 d (new)
Article 2 – paragraph 1 – point 5 d (new)
Amendment 273 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 e (new)
Article 2 – paragraph 1 – point 5 e (new)
(5e) ‘environment’ means the earth, its biosphere, cryosphere, lithosphere, hydrosphere and atmosphere, as well as outer space, including the integrity of all the biotic and abiotic elements of an ecosystem, their functions, services and mutual interactions and the planetary boundaries.
Amendment 274 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 f (new)
Article 2 – paragraph 1 – point 5 f (new)
(5f) ‘planetary boundaries’, means the nine planetary life-support systems identified as part of the planetary boundaries framework: climate change, biosphere integrity (covering functional and genetic diversity), land system changes, freshwater use, biogeochemical flows (nitrogen and phosphorus), ocean acidification, atmospheric aerosol pollution, stratospheric ozone depletion and novel entities1a. _________________ 1a EEA report. file:///C:/Users/jsprackett/Downloads/TH- AL-20-006-EN- N%20Is%20Europe%20living%20within. pdf
Amendment 275 #
Proposal for a directive
Article 3 – paragraph -1 (new)
Article 3 – paragraph -1 (new)
Amendment 276 #
Proposal for a directive
Article 3 – paragraph -1 a (new)
Article 3 – paragraph -1 a (new)
-1a. Member States shall ensure that conduct which knowingly causes substantial damage to the environment constitutes a criminal offence.
Amendment 280 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the discharge, emission or introduction of a quantity of materials or substances or ionising radiation into air, soil or water which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystems services and functions, animals or plants;
Amendment 283 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the placing on the market of a product which, in breach of a prohibition or another requirement, causes or is likely to cause death or serious injury to any person or substantial damage to air, water or soil quality, or to biodiversity, ecosystems services and functions, animals or plants as a result of the product's use on a larger scale;
Amendment 287 #
Proposal for a directive
Article 3 – paragraph 1 – point c – introductory part
Article 3 – paragraph 1 – point c – introductory part
(c) the manufacture, placing on the market or, export from the Union market, use of substances, whether on their own, in mixtures or in articles, including their incorporation into articles, when:
Amendment 290 #
Proposal for a directive
Article 3 – paragraph 1 – point c – point vi a (new)
Article 3 – paragraph 1 – point c – point vi a (new)
(via) this activity is not in compliance with Directive 2009/128/EC of the European Parliament and of the Council1a. _________________ 1a Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides.
Amendment 291 #
Proposal for a directive
Article 3 – paragraph 1 – point c – paragraph 1
Article 3 – paragraph 1 – point c – paragraph 1
and it causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystems services and functions, animals or plants;
Amendment 295 #
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) any conduct in breach of the Regulation (EU) 2017/852 of the European Parliament and of the Council1a. _________________ 1a Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008.
Amendment 296 #
Proposal for a directive
Article 3 – paragraph 1 – point c b (new)
Article 3 – paragraph 1 – point c b (new)
Amendment 303 #
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) the collection, transport, treatment, recovery or disposal of waste, the supervision of such operations and the after-care of disposal sites, including action taken as a dealer or a broker (waste management), when an unlawful conduct:
Amendment 308 #
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Article 3 – paragraph 1 – point e – point ii
(ii) concerns other waste than referred to in point (i) and causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystems services and functions, animals or plants;
Amendment 317 #
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) the ship-source discharges of polluting substances defined by Article 3(2) of the Directive 2008/56/EC or referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship- source discharges do not satisfy the exceptions set in Article 5 of that Directive; this provision shall not apply to individual cases, where the ship- source discharge does not cause deterioration in the quality of water and the marine environment, unless repeated cases by the same offender in conjunction result in deterioration in the quality of water; _________________ 42 Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11– 21).
Amendment 318 #
Proposal for a directive
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) the installation, operation or dismantling of an installation in which a dangerous activity is carried out or in which dangerous substances, preparations or pollutants are stored or used falling within the scope of Directive 2012/18/EU of the European Parliament and of the Council43 , Directive 2010/75/EU of the European Parliament and of the Council44 or Directive 2013/30/EU of the European Parliament and of the Council45 and which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystems services and functions, animals or plants; _________________ 43 Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC Text with EEA relevance (OJ L 197, 24.7.2012, p. 1– 37). 44 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17– 119). 45 Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC (OJ L 178, 28.6.2013, p. 66– 106).
Amendment 321 #
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) the manufacture, production, processing, handling, use, holding, storage, transport, import, export or disposal of radioactive material falling within the scope of Council Directive 2013/59/Euratom46 , Council Directive 2014/87/Euratom47 or Council Directive 2013/51/Euratom48 , which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystems services and functions, animals or plants; _________________ 46 Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p. 1–73). 47 Council Directive 2014/87/Euratom of 8 July 2014 amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations (OJ L 219, 25.7.2014, p. 42–52). 48 Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ L 296, 7.11.2013, p. 12– 21).
Amendment 325 #
Proposal for a directive
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) the abstraction of surface water or groundwater which causes or is likely to cause substantial damage to the ecological status or potential of surface water bodies or to the quantitative status of groundwater bodies. The abstraction should, for example, not lead to a deterioration of the Status of the Water Bodies as defined in the last River Basin Management Plans, in accordance with the statements of Annex V of the Directive 2000/60/EC, and should not compromise the achievement of good status/potential by 2027 in any of the water bodies in the same river basin district;
Amendment 327 #
Proposal for a directive
Article 3 – paragraph 1 – point k a (new)
Article 3 – paragraph 1 – point k a (new)
(ka) the committing of a serious infringement within the meaning of Article 90 of Regulation (EC) No 1224/2009 of the European Parliament and of the Council.
Amendment 349 #
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) any conduct which causes the deterioration of a habitat within a protected site or the significant disturbance of a species, within the meaning of Article 6(2) of the Directive 92/43/EEC, when this deterioration is significant;
Amendment 352 #
Proposal for a directive
Article 3 – paragraph 1 – point p – point ii
Article 3 – paragraph 1 – point p – point ii
(ii) the conduct breaches a condition of permit issued under Article 8 or of authorisation granted under Article 9 of Regulation (EU) No 1143/2014 and causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystems services and functions, animals or plants;
Amendment 368 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall ensure that the conduct referred to in paragraph 1, points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (l), (m), (n), (o), (p) (ii), (q), (r) also constitutes a criminal offence, when committed with at least serious negligence.
Amendment 383 #
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Article 3 – paragraph 3 – point e a (new)
(ea) the conservation status of the species affected and the habitat affected.
Amendment 386 #
Proposal for a directive
Article 3 – paragraph 3 – point e b (new)
Article 3 – paragraph 3 – point e b (new)
(eb) the financial benefits gained by committing the offence;
Amendment 392 #
Proposal for a directive
Article 3 – paragraph 4 – point c a (new)
Article 3 – paragraph 4 – point c a (new)
(ca) the consequences on human health and human rights;
Amendment 393 #
Proposal for a directive
Article 3 – paragraph 4 – point c b (new)
Article 3 – paragraph 4 – point c b (new)
(cb) the act constitutes a violation or negligence of the due diligence.
Amendment 397 #
Proposal for a directive
Article 3 – paragraph 5 – point b
Article 3 – paragraph 5 – point b
(b) the extent to which the regulatory threshold, value or another mandatory parameter or hazardousness and toxicity threshold is exceeded;
Amendment 403 #
Proposal for a directive
Article 3 – paragraph 5 – point d a (new)
Article 3 – paragraph 5 – point d a (new)
(da) for offences referred to in paragraph 1 (m), the conservation status of the species;
Amendment 408 #
Proposal for a directive
Article 3 – paragraph 5 – point d b (new)
Article 3 – paragraph 5 – point d b (new)
(db) the scale of the financial benefits gained by committing the offence;
Amendment 409 #
Proposal for a directive
Article 3 – paragraph 5 – point d c (new)
Article 3 – paragraph 5 – point d c (new)
(dc) whether or not the offence was committed by an organised criminal group.
Amendment 411 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3 a Ecocide Member States shall adopt a crime of ecocide, which shall be considered a criminal offence for the purposes of this Directive and shall be defined as unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused.
Amendment 416 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that inciting, and aiding and abetting the commission of any of the criminal offences referred to in Articles 3(1) and 3a are punishable as criminal offences.
Amendment 420 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures to ensure that an attempt to commit any of the criminal offences referred to in Article 3 (1) points (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (m), (n), (p) (ii), (q), (r) when committed intentionally is punishable as a criminal offence.
Amendment 422 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that the offences referred to in Articles 3, 3a and 4 are punishable by effective, proportionate and dissuasive criminal penalties.
Amendment 424 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall ensure that the CEO of undertakings can be prosecuted independently as a natural person if they have committed the offences referred to in Articles 3, 3a and 4, irrespective of whether the undertaking as a legal person is also being prosecuted.
Amendment 426 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall take the necessary measures to ensure that offences referred to in Articles 3 and 3a are punishable by a maximum term of imprisonment of at least ten years if they cause or are likely to cause death or serious injury to any person.
Amendment 437 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Member States shall take the necessary measures to develop alternative measures to imprisonment in order to contribute to the restoration of the environment.
Amendment 438 #
Proposal for a directive
Article 5 – paragraph 4 b (new)
Article 5 – paragraph 4 b (new)
4b. Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3, 3a and 4 are liable to a proportionate fine.
Amendment 439 #
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, 3a and 4 may be subject to additional sanctions or measures which shall include:
Amendment 442 #
Proposal for a directive
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) obligation to reinstate the environment within a given time period and to compensate for the damage caused;
Amendment 446 #
Proposal for a directive
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
(b) fines proportionate to the gravity and duration of the damage caused to the environment as well as to the financial benefits accrued by committing the offence;
Amendment 461 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Natural persons who have committed the offences referred to in Article 3a shall be subject to fines which shall be at least EUR XX or X times higher
Amendment 464 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that legal persons can be held liable for offences referred to in Articles 3, 3a and 4 where such offences have been committed for their benefit by any person who has a leading position within the legal person, acting either individually or as part of an organ of the legal person, based on:
Amendment 468 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall also ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of an offence referred to in Articles 3, 3a and 4 for the benefit of the legal person by a person under its authority.
Amendment 469 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, inciters or accessories in the offences referred to in Articles 3, 3a and 4.
Amendment 470 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) is punishable by effective, proportionate and dissuasive sanctions. Where possible, these sanctions shall be identical across Member States. The level of sanctions shall be graduated, reflecting the degree of severity and duration of the environmental consequences.
Amendment 472 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Member States shall take the necessary measures to ensure that precautionary measures pending the judgment allow for the immediate cessation of the criminal activity or the obligation to reinstate the environment where there is a risk of substantial or irreversible damage to the environment.
Amendment 474 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall take the necessary measures to ensure that sanctions or measures for legal persons liable pursuant to Article 6(1) for the offences referred to in Articles 3, 3a and 4 shall include:
Amendment 489 #
Proposal for a directive
Article 7 – paragraph 2 – point k a (new)
Article 7 – paragraph 2 – point k a (new)
(ka) the removal from the European Transparency Register.
Amendment 498 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by fines, the maximum limit of which shall be not less than 15% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 500 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 506 #
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5 a. Member States shall take the necessary measures to ensure that offences referred to in Article 3a are punishable by fines, paid by the legal person committing the environmental offences, the maximum limit of which shall be comprised between 15 and 30% of the total worldwide turnover of the legal person[/undertaking] in the business year preceding the fining decision.
Amendment 510 #
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Member States shall provide for the creation of a national fund dedicated to the financing of environmental decontamination, remediation or restoration, which should be financed by administrative and criminal fines paid by the author of environmental offences.
Amendment 512 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
In so far as the following circumstances do not already form part of the constituent elements of the criminal offences referred to in Article 3, Member States shall take the necessary measures to ensure that, in relation to the relevant offences referred to in Articles 3, 3a and 4, the following circumstances may be regarded as aggravating circumstances:
Amendment 516 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem or to the conservation of populations of wild animal or plant species covered by Council Regulation (EC) No 338/97, Council Directive 92/43/EC and Directive 2009/147/EC of the European Parliament and of the Council;
Amendment 536 #
(ja) the offender committed an offence under Article 3 while subject to a derogation under article 15(4) of Directive 2010/75/EC.
Amendment 538 #
Proposal for a directive
Article 8 – paragraph 1 – point j b (new)
Article 8 – paragraph 1 – point j b (new)
(jb) the offence was committed within a Member State’s protected site, including a Natura 2000 area, or in an area where the offence is likely to have a significant effect in view of a protected site's conservation objectives;
Amendment 539 #
Proposal for a directive
Article 8 – paragraph 1 – point j c (new)
Article 8 – paragraph 1 – point j c (new)
(j c) the offence was committed together with other criminal offences;
Amendment 540 #
Proposal for a directive
Article 8 – paragraph 1 – point j d (new)
Article 8 – paragraph 1 – point j d (new)
(jd) the offence caused the unnecessary and avoidable suffering of animals.
Amendment 541 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall take the necessary measures to ensure that, in relation to the relevant offences referred to in Articles 3, 3a and 4, the following circumstances may be regarded as mitigating circumstances:
Amendment 543 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the offender restores nature to its previous condition except for offences under Article 3(1) points (a), (b), (c), (e), (i), (h), (j), (q), (r) and Article 3a;
Amendment 551 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall take the necessary measures to provide for a limitation period that enables the investigation, prosecution, trial and judicial adjudication of criminal offences referred to in Articles 3, 3a and 4 for a sufficient period of time starting after the commission of those criminal offences or from the discovery of the offence if it was concealed, in order for those criminal offences to be tackled effectively.
Amendment 553 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States shall ensure that special measures of limitation may be applied in the case of concealment of an offence, i.e. where the offender has prevented its discovery. In this case, the time limit shall run only from the day when the offence could be established under conditions that allow prosecution.
Amendment 556 #
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least ten years of imprisonment, for a period of at least ten years from the time when the offence was committed or from the discovery of the offence if it was concealed, when offences are punishable;
Amendment 559 #
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least six years of imprisonment, for a period of at least six years from the time when the offence was committed or from the discovery of the offence if it was concealed, when offences are punishable;
Amendment 563 #
Proposal for a directive
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least four years of imprisonment, for a period of at least four years from the time when the offence was committed or from the discovery of the offence if it was concealed, when offences are punishable.
Amendment 570 #
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3 a. By way of derogation from paragraph 2 and for the offence referred to in Article 3a, Member States may provide for a limitation period longer than ten years, provided that this period may be interrupted or suspended by certain specific acts.
Amendment 573 #
Proposal for a directive
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least ten years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3, 3a and 4, for at least ten years from the date of the final conviction;
Amendment 580 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Each Member State shall take the necessary measures to establish its jurisdiction over the offences referred to in Articles 3, 3a and 4 where:
Amendment 585 #
Proposal for a directive
Article 12 – paragraph 1 – point d a (new)
Article 12 – paragraph 1 – point d a (new)
(da) the offence is committed for the benefit of a legal person established on its territory;
Amendment 589 #
Proposal for a directive
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. A Member State shall inform the Commission where it decidtake the necessary measures to extend its jurisdiction to offences referred to in Articles 3, 3a and 4 which have been committed outside its territory, where:
Amendment 594 #
Proposal for a directive
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) the offence has created a severe risk for the environment or for the biodiversity on its territory.
Amendment 595 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Member States shall introduce universal jurisdiction of their courts for the prosecution and judgment of an offence referred to in Article 3a, in order to avoid the externalisation of environmental damage, where it was not committed on its territory, was committed by a foreign person, against a foreign victim, and without that State being the victim of the offence.
Amendment 597 #
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. Member States shall take the necessary measures to establish on their territory either specialised environmental courts or environmental units within existing courts to prosecute, investigate and judge the offences defined in Article 3 and 3a of this Directive.
Amendment 599 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall take the necessary measures to ensure that protection granted under Directive (EU) 2019/1937, is applicable to legal and natural persons reporting criminal offences referred to in Articles 3, 3a and 4 of this Directive.
Amendment 602 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall take the necessary measures to ensure that natural and legal persons reporting offences referred to in Articles 3, 3a and 4 of this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessary support and assistance in the context of criminal proceedings.
Amendment 604 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Member States shall take the necessary measures to ensure that legal and natural persons reporting criminal offences referred to in Articles 3, 3a and 4 of this Directive are protected against strategic lawsuits against public participation.
Amendment 606 #
Proposal for a directive
Article 14 – title
Article 14 – title
Rights for the public concerned to participate in proceedingsto information, participation and access to justice for the public
Amendment 607 #
Proposal for a directive
Article 14 – paragraph -1 (new)
Article 14 – paragraph -1 (new)
-1 Member States shall ensure that the following information is considered to be in the public interest and is made public to and easily accessible by the public concerned: (a) the state of all cases prosecuted under this Directive, the final judgments, and the level of sanctions imposed by the judge; (b) the state of all cases prosecuted under this Directive, the final judgments, and the level of sanctions imposed by the judge; (c) complaints submitted under this Directive; (d) information enabling the public concerned to know the progress of the proceedings, unless, in exceptional cases, the proper handling of the case may be jeopardised by such sharing of information; (e) the arrangements for intervention in proceedings for the offences referred to in Articles 3, 3a and 4.
Amendment 608 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall ensure that, in accordance with their national legal system, members of the public concerned have appropriate rights to participate in proceedings concerning offences referred to in Articles 3, 3a and 4, for instance as a civil party. Member States shall encourage any initiative facilitating access to justice for members of the public, including in the establishment of local centres specialising in access to justice and environmental issues.
Amendment 612 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
Member States shall provide for the possibility for individuals and non- governmental organisations working for the protection of the environment to bring civil actions, particularly in the absence of identifiable victims, to defend the direct voice of ecosystems.
Amendment 613 #
Proposal for a directive
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
Member States shall provide for measures to reduce obstacles to the right to an effective remedy, in particular the reduction of the length and cost of proceedings, thereby facilitating access to justice for members of the public concerned. Member States shall ensure a fair, equitable and timely procedure, non- prohibitive costs and the right to be defended or represented in court. Member States shall establish networks of environmental lawyers who can assist members of the public, including non- governmental organisations, to participate in such proceedings.
Amendment 614 #
Proposal for a directive
Article 14 – paragraph 1 c (new)
Article 14 – paragraph 1 c (new)
Member States shall ensure that all complaints concerning violations of the provisions of this Directive are dealt with in a prompt and effective manner. Member States shall establish a mechanism at national level to deal with complaints in an accelerated procedure where there is a risk of irreversible or serious damage to the environment.
Amendment 616 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall take appropriate action, such as proactive law enforcement tools, information and awareness- raising campaigns targeting all relevant stakeholders both from the public and private sector, anti-corruption programmes, 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 theall relevant stakeholders, in particular civil society organisations.
Amendment 627 #
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, 3a and 4.
Amendment 628 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
Member States shall provide sufficient resources and training in order to ensure that judicial and enforcement personnel, including judges, prosecutors, police, judicial staff and competent authorities’ staff involved in criminal proceedings and investigations, have the appropriate expertise, including qualifications, in environmental crime and environmental issues.
Amendment 634 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Amendment 637 #
Proposal for a directive
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) the short, medium, long-term and time-bound objectives and priorities of national policy in this area of offence;
Amendment 639 #
Proposal for a directive
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) the modes of coordination and cooperation between the competent authorities, including with competent authorities of other Member States;
Amendment 640 #
Proposal for a directive
Article 20 – paragraph 1 – point d a (new)
Article 20 – paragraph 1 – point d a (new)
(da) guidelines for the use of the proceeds of administrative and criminal sanctions for environmental restoration actions.
Amendment 643 #
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 53 years, on a risk- analysis-based-approach, in order to take account of relevant developments and trends and related threats regarding environmental crime.
Amendment 648 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that a consolidated review of their statistics is regularly publishedpublish annually the statistical data referred to in paragraph 2 in a standard, accessible and comparable format established in accordance with Article 22 and in a raw version.
Amendment 651 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Member States shall annually transmit to the Commission the statistical data referred to in paragraph 2 in a standard accessible and comparable format established in accordance with Article 22. These data aggregated at European level shall be available on a country-by-country basis according to the categories of information referred to in paragraph 2, under the supervision of Eurostat.
Amendment 660 #
Proposal for a directive
Article 22 – paragraph 2 – point a
Article 22 – paragraph 2 – point a
(a) a common classification of environmental crimes as well as sanctions that are effective, dissuasive and proportionate to the offence committed ;
Amendment 662 #
Proposal for a directive
Article 25 – title
Article 25 – title
Evaluation and, reporting and guidelines
Amendment 663 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission shall by [OP – please insert the date - two years after the transposition period is over], and every two years thereafter, submit a report to the European Parliament and to the Council assessing the extent to which the Member States have taken the necessary measures to comply with this Directive as well as providing recommendations to Member States. Member States shall provide the Commission with the necessary information for the preparation of that report.
Amendment 665 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Every two years as of [OP – please insert the date one year after the transposition period is over], Member States shall send the Commission a report within three months which includes a summary about implementation of and actions taken in accordance with Articles 153 to 17, 19 and 20.
Amendment 667 #
Proposal for a directive
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3a. Within one year after the entry into force of this Directive, the Commission shall present a homogeneous and harmonised classification of environmental crimes prepared with the Member States and a regulatory classification of sanctions adapted to provide guidance to national competent authorities, prosecutors and judges in the application of the sanctions provided for in this Directive.
Amendment 669 #
Proposal for a directive
Article 25 – paragraph 3 b (new)
Article 25 – paragraph 3 b (new)
3b. Within one year after the entry into force of this Directive, notwithstanding Article 119 of Regulation 2017/1939, the Commission shall produce a report on the possibility of extending the powers of the European Public Prosecutor's Office provided for in Article 86 of the Treaty on the Functioning of the European Union to include serious environmental crime that are detrimental to the interests of the Union. The European Public Prosecutor's Office would thus be empowered to request independent investigations and to initiate legal proceedings in respect of environmental damage and environmental crime on a European scale.
Amendment 670 #
Proposal for a directive
Article 25 – paragraph 3 c (new)
Article 25 – paragraph 3 c (new)
3c. Within one year after the entry into force of this Directive, the Commission shall present guidelines to clarify the procedural framework for the participation of members of the public in the criminal prosecution of environmental offences, including the definition of easily accessible admissibility criteria.
Amendment 671 #
Proposal for a directive
Article 25 – paragraph 3 d (new)
Article 25 – paragraph 3 d (new)
3d. Within two years after the entry into force of this Directive, the Commission shall, and where appropriate with the assistance of inter alia the European Environment Agency, present a report on how environmental crime contributes to the exceedance of planetary boundaries as well as how the scope of this Directive could be expanded to cover actions/offences which result in the exceedance of planetary boundaries.