BETA

Activities of Caroline ROOSE related to 2021/0422(COD)

Opinions (1)

2022/12/07
Committee: DEVE
Dossiers: 2021/0422(COD)
Documents: PDF(298 KB) DOC(215 KB)
Authors: [{'name': 'Caroline ROOSE', 'mepid': 197506}]

Amendments (27)

Proposal for a directive
Recitals 1 a, 1 b and 1 c (new)

(1 a) In accordance with Article 208 of the Treaty on the Functioning of the European Union (TFEU), the Union is to take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries. (1 b) According to Article 3 (5) TEU, the Union in its relations with the wider world shall uphold and promote its values and contribute to the protection of all human rights, in particular, the rights of the child as well as the strict observance and development of international law. (1 c) The Charter of Fundamental Rights of the European Union recognizes fundamental rights as they result from the constitutional traditions common to the Member States and affirms that it should not be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognized in their respective fields of application by Union law, International Law and by international agreements to which the Union and all Member States are party, including the European Convention for the Protection of Human rights and Fundamental Freedoms and by the Member States constitutions.

2022/12/06
Committee: DEVE

Proposal for a directive
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. ~~Such offences pose a threat to the environment and therefore call for an appropriate and effective response~~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 economy, and represents one to twice the size of the global official development assistance (ODA) and is now as lucrative as drug trafficking. Such offences pose a threat to the environment and fundamental rights, entail habitat damage and biodiversity loss, amplify climate change, threaten the sustainable livelihood of vulnerable populations in developing countries, and create public health risks and therefore call for an appropriate and effective response. Environmental crime can also involve or take place in developing countries where shortcomings as regards to environmental rule of law have been identified (lack of adequate legal framework and governance structures, lack of information, implementation and enforcement). The Union has a particular responsibility in preventing and combating environmental offences in developing countries in cases in which the action can be linked to the Union. Such offences are not compatible with EU development policy and objectives and the UN Sustainable development goals.

2022/12/06
Committee: DEVE

Proposal for a directive
Recitals 6 and 6 a (new)

(6) Member States should provide for criminal penalties in their national legislation in respect of serious infringements of provisions of Union law concerning protection of the environment. In the framework of the common fisheries policy, Union law provides for comprehensive set of rules for control and enforcement under Regulation (EC) No 1224/200921 and Regulation (EC) No 1005/2008 in case of serious infringements, including those that cause damage to the marine environment. Under this system the Member States have the choice between administrative and/or criminal sanctioning systems. In line with the Communication from the Commission on the European Green Deal22 and the EU Biodiversity Strategy for 203023 , ~~certain intentional unlawful conduct covered~~all conducts deemed to be serious infringements under Regulation (EC) No 1224/2009 and Regulation (EC) 1005/200824 should be established as criminal offences. (6 a) Over recent years, the European Union has taken a leadership role to ensure international supply chains of minerals are transparent and responsible. The adoption in 2017 of the regulation EU 2017/821 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas has sent a clear international message that companies are expected to assess risks in their supply chains, and take the necessary measures to mitigate them. EU Regulation 2017/821 currently focuses on risks of conflict financing, serious abuses of human rights and serious economic crimes. EU Regulation 2017/821 is based on the OECD Due Diligence Guidance for responsible supply chains of minerals from conflict-affected and high-risk areas which emphasizes the need for companies to identify and mitigate risks in their supply chains to uphold human rights in producing countries and foster inclusion of legitimate artisanal and small-scale miners. __________________ 21 Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1–153). 22 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS The European Green Deal, COM/2019/640 final. 23 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS EU Biodiversity Strategy for 2030 Bringing nature back into our lives, COM/2020/380 final 24 Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999, (OJ L 286, 29.10.2008, p. 1– 32).

2022/12/06
Committee: DEVE

Proposal for a directive
Recital 11 a (new)

(11 a) Environmental crimes can be perpetrated by a range of state and non- state actors, from individuals, small groups, companies, government individuals, to organised criminal networks, and often a combination thereof. Transnational companies could be the perpetrators among others by exploiting and damage the environment in order to generate more profit or reduce their costs, in particular in developing countries where the legal and institutional frameworks are usually weaker. In relation to transnational companies, the fault can also be attributed to other actors and the responsibility is, therefore, to be shared and accompanied with penalties accordingly.

2022/12/06
Committee: DEVE

Proposal for a directive
Recital 12

(12) In criminal proceedings and trials, due account should be taken of the involvement of organised criminal groups operating in ways that negatively impact the environment. Criminal proceedings should address corruption, money laundering, cyber-crime and document fraud and – in relation to business activities – the intention of the offender to maximise profits or save expenses, where these occur in the context of environmental crime. These crime forms are often interconnected with serious environmental crime forms and should therefore not be dealt with in isolation. ~~In this respect, i~~Given the importance of corporate environmental crime, improving transparency in the corporate supply and value chains is necessary. Especially, transparency on beneficial ownership of companies is key to prosecuting environmental crime, for example in IUU fishing or illegal wildlife trafficking. Therefore, Member States should in parallel ensure a full implementation of Directive (EU) 2018/843 of the European Parliament and of the Council1a. It is of particular concern that some environmental crimes are committed with the tolerance or active support of the competent administrations or officials performing his/her public duty~~. In certain cases this can eve~~ which can take the form of corruption. Examples of such behaviours are turning a blind eye or remaining silent on the infringement of laws protecting the environment following inspections, deliberately omitting inspections or controls for example with regard to whether the conditions of a permit are being respected by the permit- holder, resolutions or votes in favour of granting illegal licences or issuing falsified or untrue favourable reports. or, especially in developing countries, promoting prosecution of environmental defenders who act against environmental crime. __________________ 1a Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU (OJ L 156, 19.6.2018, p. 43–74).

2022/12/06
Committee: DEVE

Proposal for a directive
Recitals 14 and 14 a (new)

(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, compensation for the damage caused, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations. ~~This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases.~~ Sanctions that seek guarantees of non-repetition are very important. Effective remedies, including redress, mitigation and adaptation measures and injunctions among others should also be provided. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases. (14 a) The condition of the effectiveness of the sanctions recommends introducing in this Directive also the environmental restorative justice approach, so demanded by civil society and specialised organisations. The restorative model has a preventive approach, aimed at repairing the damage caused and creating the environmental awareness necessary to avoid it in the future. It can be done through, among others, recovery environmental funds, environmental social projects or community services in benefit of the environment. Environmental restorative justice also aspires to allow the participation of victims in the process, in the determination of the sanction and in the future of the environmental management of the sanctioned corporations.

2022/12/06
Committee: DEVE

Proposal for a directive
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, including conducts carried out in developing countries, 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 their territories, where the offence is committed for the benefit of a legal person established on their territories, or where it is committed against their residents, or where it is committed in the third countries by EU citizen or a legal person established in the EU.

2022/12/06
Committee: DEVE

Proposal for a directive
Article 1 – paragraph 1

This Directive establishes minimum rules concerning the definition of environmental criminal offences and sanctions in order to protect the environment ~~more effectively~~, prevent and combat environmental crime more effectively, and thereby prevent human rights violations and abuses resulting from environmental criminal offences.

2022/12/06
Committee: DEVE

Proposal for a directive
Article 2 and Recital 26 a (new)

Definitions For the purpose of this Directive, the following definitions apply: (1) ‘unlawful’ means a conduct infringing one of the following: (a) Union legislation, which irrespective of its legal basis contributes to the pursuit of the objectives of Union policy of protecting the environment as set out in the Treaty on the Functioning of the European Union; (b) a law, an administrative regulation of a Member State or a decision taken by a competent authority of a Member State that gives effect to the Union legislation referred to in point (a). The conduct shall be deemed unlawful even if carried out under an authorisation by a competent authority in a Member State when the authorisation was obtained fraudulently or by corruption, extortion or coercion; (2) ‘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 2009/147/EC of the European Parliament and of the Council30, 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 Council Directive 92/43/EEC31; (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; (4) ‘public concerned’ means the persons affected or likely to be affected by the offences referred to in Articles 3 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; (5) ‘victim’ has the meaning attributed to it in Article 2(1) point (a) of Directive 2012/29/EU of the European Parliament and of the Council32. _________________ 30 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7). 31 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 32 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, (OJ L 315, 14.11.2012, p. 57–73). Recital 26 a (new) which will substitute AM 28 on the rights of the nature will be created if compromise amendment 9 is adopted.referred to in point (a). The conduct shall be deemed unlawful even if carried out under an authorisation by a competent authority in a Member State, or in a third country where the conduct was carried out by an EU citizen or a legal person established in the EU, when the authorisation was obtained fraudulently or by corruption, extortion or coercion; (1 a) ‘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; (1 b) ‘severe damage’ 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; (1 c) ‘widespread damage’ 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; (1 d) ‘long-term damage’ means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time; (1 e) ‘wanton’ means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated; (1 f) ‘planetary boundaries’ mean 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 entities; (2) ‘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 2009/147/EC of the European Parliament and of the Council30, 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 Council Directive 92/43/EEC31; (3) ‘legal person’ means any legal entity having such status under the applicable national law, including for States or public bodies exercising State authority and for public international organisations; (4) ‘public concerned’ means the persons or groups of persons including local communities affected or likely to be affected by the offences referred to in Articles 3 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 of the human rights and meeting any proportionate requirements under national law shall be deemed to have an interest; (5) ‘victim’ means: (i) natural persons, including future generations, who, individually or collectively, have suffered or are likely to suffer harm, including physical, mental or emotional harm, economic loss, loss of culture, traditions, traditional knowledge associated with genetic resources, or substantial impairment or abuse of their human rights which was directly caused by the environmental criminal offences; (ii) relatives of a person whose death was directly caused by an environmental criminal offence and who have suffered harm as a result of that person’s death; (iii) legal persons who have suffered or are likely to suffer loss, including economic loss. (26 a) Nature can be considered the victim of the damage caused by environmental crimes. Some countries have already granted legal personality to ecosystems even at the constitutional level (as in Ecuador or Bolivia). In Colombia the Constitutional Court granted those rights in the Atrato River ruling T-622- 16- Canada and New Zealand are two other countries where nature has been granted legal personality. In the Union, some Member States are in the process of constitutional reforms to incorporate the rights of nature at the highest level. Spain for instance recognised legal personality to the Mar Menor Lagoon and its Basin through the recent law 19/2022, of September 30. The Union can take into account the existing legal framework in developing countries and in Member States as well as ongoing reform process within the Union and provide a sound legislation that incorporate a long-term vision by taking into account future legal developments that have begun in the Union. __________________ 30 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7). 31 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). Or. enJustification

2022/12/06
Committee: DEVE

Proposal for a directive
Articles 3 and 3 a (new)

1. Member States shall ensure that the following conduct constitutes a criminal offence when it is unlawful and committed intentionally: (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 animals or plants; (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 animals or plants as a result of the product's use on a larger scale; (c) the manufacture, placing on the market or use of substances, whether on their own, in mixtures or in articles, including their incorporation into articles, when: (i) this activity is restricted pursuant to Title VIII and Annex XVII of Regulation (EC) No 1907/2006 of the European Parliament and of the Council33; or (ii) this activity is prohibited pursuant to Title VII of Regulation (EC) No 1907/2006; or (iii) this activity is not in compliance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council34; or (iv) this activity is not in compliance with Regulation (EC) No 528/2012 of the European Parliament and of the Council35; or (v) this activity falls under Regulation (EC) No 1272/2008 of the European Parliament and of the Council36; or (vi) this activity is prohibited pursuant to Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the Council37, 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 animals or plants; (d) the execution of projects referred to in Article 1(2)(a) of Directive 2011/92/EU of the European Parliament and of the Council38 without a development consent or an assessment with regard to their effects on the environment, which causes or is likely to cause substantial damage to the factors defined in Article 3(1) of Directive 2011/92/EU; (e) the collection, transport, 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: (i) concerns hazardous waste as defined in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council39 and is undertaken in a non-negligible quantity; (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 animals or plants; (f) the shipment of waste, within the meaning of Article 2(35) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council40 when such shipment is undertaken in a non-negligible quantity, whether executed in a single shipment or in several shipments which appear to be linked; (g) the recycling of ships falling within the scope of Regulation (EU) No 1257/2013 of the European Parliament and of the Council41, without complying with the requirements of Article 6(2), point (a) of that Regulation; (h) the ship-source discharges of polluting substances 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, unless repeated cases by the same offender in conjunction result in deterioration in the quality of water; (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 animals or plants; (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 animals or plants; (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; (l) the killing, destruction, taking of, possession, sale or offering for sale of a specimen or specimens of wild fauna or flora species listed in Annexes IV and V (when species in Annex V are subject to the same measures as those adopted for species in Annex IV) to Council Directive 92/43/EEC49 and the species referred to in Article 1 of Directive 2009/147/EC of the European Parliament and of the Council50, except for cases where the conduct concerns a negligible quantity of such specimens; (m) trading in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A and B to Council Regulation (EC) No 338/9751, except for cases where the conduct concerns a negligible quantity of such specimens; (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 replaced with a criminal offence within the scope of Article 3 of that Regulation.] (o) any conduct which causes the deterioration of a habitat within a protected site, within the meaning of Article 6(2) of the Directive 92/43/EEC, when this deterioration is significant; (p) introduction or spread of invasive alien species of Union concern when: (i) the conduct breaches restrictions set out in Article 7(1) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council53; (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 animals or plants; (q) production, placing on the market, import, export, use, emission or release of ozone depleting substances as defined in Article 3 (4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council54 or of products and equipment containing or relying on such substances; (r) production, placing on the market, import, export, use, emission or release of fluorinated greenhouse gases as defined in Article 2 (1) of Regulation 517/2014 of the European Parliament and of the Council55 or of products and equipment containing or relying on such gases. 2. Member States shall ensure that the conduct referred to in paragraph 1, points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (m), (n), (p) (ii), (q), (r) also constitutes a criminal offence, when committed with at least serious negligence. 3. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account, where relevant, when assessing whether the damage or likely damage is substantial for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (a) to (e), (i), (j), (k) and (p): (a) the baseline condition of the affected environment; (b) whether the damage is long-lasting, medium term or short term; (c) severity of the damage; (d) spread of the damage; (e) reversibility of the damage. 4. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account when assessing whether the activity is likely to cause damage to the quality of air, the quality of soil or the quality of water, or to animals or plants for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (a) to (e), (i), (j), (k) and (p): (a) the conduct relates to an activity which is considered as risky or dangerous, requires an authorisation which was not obtained or complied with; (b) the extent to which the values, parameters or limits set out in legal acts or in an authorisation issued for the activity are exceeded; (c) whether the material or substance is classified as dangerous, hazardous or otherwise listed as harmful to the environment or human health. 5. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account when assessing whether the quantity is negligible or non-negligible for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (e), (f), (l), (m), (n): (a) the number of items subject to the offence; (b) the extent to which the regulatory threshold, value or another mandatory parameter is exceeded; (c) the conservation status of the fauna or flora species concerned; (d) the cost of restoration of environmental damage. _________________ 33 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1). 34 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC, (OJ L 309, 24.11.2009, p. 1–50). 35 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1–123). 36 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1). 37 Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45). 38 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1). 39 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3–30). 40 Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1). 41 Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (OJ L 330, 10.12.2013, p. 1). 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). 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). 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). 49 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7–50). 50 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25). 51 Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, p. 1). 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). 53 Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35). 54 Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 31.10.2009, p. 1–30). 55 Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (OJ L 150, 20.5.2014, p. 195–230). Article 3 Article 3 Offences Offences (-1) Member States shall ensure that, when committed intentionally or with at least serious negligence, directly or indirectly exposing the environment to an immediate risk of substantial damage constitutes a criminal offence. (-1 a) Member States shall ensure that conduct which knowingly causes substantial damage to the environment constitutes a criminal offence. 1. Member States shall ensure that the following conduct constitutes a criminal offence when it is unlawful and committed intentionally, or with serious negligence: (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 natural person, group of persons, community or economic loss (including for legal persons) or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; (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 and functions, animals or plants as a result of the product's use on a larger scale; (c) the manufacture, placing on the market, export from the Union market or use of substances, whether on their own, in mixtures or in articles, including their incorporation into articles, when: (i) this activity is restricted pursuant to Title VIII and Annex XVII of Regulation (EC) No 1907/2006 of the European Parliament and of the Council33; or (ii) this activity is prohibited pursuant to Title VII of Regulation (EC) No 1907/2006; or (iii) this activity is not in compliance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council34; or (iv) this activity is not in compliance with Regulation (EC) No 528/2012 of the European Parliament and of the Council35; or (v) this activity falls under Regulation (EC) No 1272/2008 of the European Parliament and of the Council36; or (vi) this activity is prohibited pursuant to Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the Council37, (vi a) that activity is not in compliance with Directive 2009/128/EC of the European Parliament and of the Council, 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 animals or plants; (d) the execution of projects referred to in Article 1(2)(a) of Directive 2011/92/EU of the European Parliament and of the Council38 without a development consent or an assessment with regard to their effects on the environment, which causes or is likely to cause substantial damage to the factors defined in Article 3(1) of Directive 2011/92/EU; (e) the collection, transport, 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: (i) concerns hazardous waste as defined in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council39 and is undertaken in a non-negligible quantity; (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 animals or plants; (f) the shipment of waste, within the meaning of Article 2(35) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council40 when such shipment is undertaken in a non-negligible quantity, whether executed in a single shipment or in several shipments which appear to be linked; (g) the recycling of ships falling within the scope of Regulation (EU) No 1257/2013 of the European Parliament and of the Council41, without complying with the requirements of Article 6(2), point (a) of that Regulation; (h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution or pollution, as defined in Article 3, point 8, of Directive 2008/56/EC of the European Parliament and of the Council 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; (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 animals or plants; (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 animals or plants; (k) the abstraction or contamination 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; (k a) the start and spread of fires that cause or may cause substantial damage to the quality of the air, or the soil, or the water, or to animals or plants, and/or may seriously harm the balance of natural systems/environment and/or death or serious injury to people or other human rights violations including the displacement of populations and animals; (l) the killing, destruction, taking of, possession, sale or offering for sale of a specimen or specimens of wild fauna or flora species listed in Annexes IV and V (when species in Annex V are subject to the same measures as those adopted for species in Annex IV) to Council Directive 92/43/EEC49 and the species referred to in Article 1 of Directive 2009/147/EC of the European Parliament and of the Council50, except for cases where the conduct concerns a negligible quantity of such specimens; (m) trading in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A, B and C to Council Regulation (EC) No 338/9751, except for cases where the conduct concerns a negligible quantity of such specimens; (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 replaced with a criminal offence within the scope of Article 3 of that Regulation.] (o) any conduct which causes the deterioration of a habitat within a protected site, within the meaning of Article 6(2) of the Directive 92/43/EEC, when this deterioration is significant; (p) introduction or spread of invasive alien species of Union concern when: (i) the conduct breaches restrictions set out in Article 7(1) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council53; (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 animals or plants; (q) production, placing on the market, import, export, use, emission or release of ozone depleting substances as defined in Article 3 (4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council54 or of products and equipment containing or relying on such substances; (r) production, placing on the market, import, export, use, emission or release of fluorinated greenhouse gases as defined in Article 2 (1) of Regulation 517/2014 of the European Parliament and of the Council55 or of products and equipment containing or relying on such gases; (r a) serious infringements as defined in Article 42 of Regulation (EC) No 1005/2008 and serious infringements referred to in Article 90(1) of Regulation (EC) No 1224/2009; (r b) extraction, exploitation, exploration, use, transformation, transportation, trade or storage of mineral resources, in contravention of the national or international law; (r c) serious breaches of the due diligence obligations set out in Directive (EU) xxx/xxx of the European Parliament and of the Council [Corporate Sustainability Due Diligence Directive]1a and non-compliance with the decisions of the competent authorities in the matter; (r d) serious breaches of Directive (EU) xxx/xxx of the European Parliament and of the Council [Corporate Sustainability Reporting Directive]1b. deleted 3. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account, where relevant, when assessing whether the damage or likely damage is substantial or severe for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (a) to (e), (i), (j), (k) and (p): (a) the baseline condition of the affected environment; (a a) conservation status of the especies affected by the damage; (b) whether the damage is long-lasting, medium term or short term; (b a) latent character of the damage; (c) severity of the damage to the environment; (d) spread of the damage; (d a) the commission of the offence by a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA; (e) reversibility of the damage; (e a) the number of persons and local communities who have suffered injuries or are or were exposed to danger or who have suffered human rights abuses as well as the severity of those human rights violations associated to the environmental damage caused by the criminal offence; (e b) the financial impacts of damage caused; (e c) the financial benefits gained by the perpetrator of the environmental offence; (e d) serious violation or negligence of the due diligence obligations; (e e) the severity of the impact on human rights of persons, groups or local communities. 4. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account when assessing whether the activity is likely to cause damage to the quality of air, the quality of soil or the quality of water, or to animals or plants for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (a) to (e), (i), (j), (k) and (p): (a) the conduct relates to an activity which is considered as risky or dangerous, requires an authorisation which was not obtained or complied with; (b) the extent to which the values, parameters or limits set out in legal acts or in an authorisation issued for the activity are exceeded; (c) whether the material or substance is classified as dangerous, hazardous or otherwise listed as harmful to the environment or human health. 5. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account when assessing whether the quantity is negligible or non-negligible for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (e), (f), (l), (m), (n): (a) the number of items subject to the offence; (b) the extent to which the regulatory threshold, value or another mandatory parameter is exceeded; (c) the conservation status of the fauna or flora species concerned; (d) the cost of restoration of environmental damage. Article 3 a (new) Ecocide Member States shall introduce in their national law a crime of ecocide, which shall be considered a serious 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 widespread or long-term damage to the environment being caused. __________________ 33 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1). 34 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC, (OJ L 309, 24.11.2009, p. 1–50). 35 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1–123). 36 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1). 37 Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45). 38 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1). 39 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3–30). 40 Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1). 41 Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (OJ L 330, 10.12.2013, p. 1). 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). 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). 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). 49 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7–50). 50 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25). 51 Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, p. 1). 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). 53 Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35). 54 Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 31.10.2009, p. 1–30). 55 Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (OJ L 150, 20.5.2014, p. 195–230). 1a Directive (EU) xxx/xxx of ... of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937 (OJ L ..., ..., p. ...). 1b Directive (EU) xxx/xxx of ... of the European Parliament and of the Council amending Directive 2013/34/EU, Directive 2004/109/EC, Directive 2006/43/EC and Regulation (EU) No 537/2014, as regards corporate sustainability reporting (OJ L ..., ..., p. ...).

2022/12/06
Committee: DEVE

Proposal for a directive
Article 4

1. Member States shall ensure that inciting, and aiding and abetting the commission of any of the criminal offences referred to in Article 3(-1), (-1a) and (1) or Article 3a are punishable as criminal offences. 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), (h), (i), (j), (k), (m), (n), (p) (ii), (q), (r)~~, (-1a), Article 3 (1) and 3a when committed intentionally is punishable as a criminal offence.

2022/12/06
Committee: DEVE

Proposal for a directive
Article 5 – paragraph 5

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: (a) obligation to reinstate the environment within a given time period; (b) fines; which shall be proportional to the damage caused by the offence; (c) temporary or permanent exclusions from access to public funding, including tender procedures, grants and concessions and licenses; (d) disqualification from directing establishments of the type used for committing the offence; (e) withdrawal of permits and authorisations to pursue activities which have resulted in committing the offence; (f) temporary bans on running for elected or public office; (g) national or Union-wide publication of the judicial decision relating to the conviction or any sanctions or measures applied.

2022/12/06
Committee: DEVE

Proposal for a directive
Article 6 – paragraphs 2 and 3

2. Member States shall also ensure that legal persons can be held liable where the lack of supervision or control of its supply chain 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. 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.

2022/12/06
Committee: DEVE

Proposal for a directive
Article 7

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. 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 and 4 shall include: (a) criminal or non-criminal fines; (b) the obligation to reinstate the environment within a given period and to compensate for the damage caused; (c) exclusion from entitlement to public benefits or aid; (d) temporary exclusion from access to public funding, including tender procedures, grants and concessions and licenses; (e) temporary or permanent disqualification from the practice of business activities; (f) withdrawal of permits and authorisations to pursue activities which have resulted in committing the offence; (g) placing under judicial supervision; (h) judicial winding-up; (i) temporary or permanent closure of establishments used for committing the offence; (j) obligation of companies to install due diligence schemes for enhancing compliance with environmental ~~standards;~~ and human rights standards and obligations; (k) publication of the judicial decision relating to the conviction or any sanctions or measures applied; (k a) community services in favour of the environment; (k b) financial contributions to environmental or human rights organisations, especially in developing countries; (k c) attribution of shares or social capital to the victims in the developing countries. 3. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(2) is punishable by sanctions or measures, which are effective, proportionate and dissuasive. 4. Member States shall take the necessary measures to ensure that offences referred to in Article 3~~(1) points (a) to (j), (n), (q),~~ (-1), (-1a) and (r1) 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. ~~5. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by fines, the maximum limit of~~deleted 6. Member States shall take measures to ensure that the illegal profits generated from the offence and the annual turnover of the legal person are taken into account when a decision is made on the appropriate level of a fine pursuant to paragraph 1. 6 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 minimum amount which shall be ~~not less th~~between 15 and 30 % of the total worldwide turnover of the legal person ~~[/undertaking]~~ in the business year preceding the ~~fining~~ decision. 6. Member States shall take measures to ensure that the illegal profits generated from the offence and the annual turnover of the legal person are taken into account when a decision is made on the appropria and the maximum being the total restoration of the damage to the environment and compensation and damages to affected le~~vel of a fine pursuant to paragraph 1.~~ gal and natural persons.

2022/12/06
Committee: DEVE

Proposal for a directive
Article 8

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 and 4, the following circumstances may be regarded as aggravating circumstances: (a) the offence caused the death of, or serious injury to, a person; or groups of persons; (a a) the offence caused severe impacts on the human rights or substantial economic loss or loss of culture and tradition of the population or local communities of a developing country where the environmental damage has occurred; (a b) the offence affected or is likely to affect vulnerable groups such as children, youth, women, people with disabilities, elderly or indigenous communities; (a c) the offence has caused or will cause serious damage to future generations; (a d) the offence was committed by abusing existing weaknesses in the rule of law and governance systems of developing countries and, in particular, by mediating corruption, intimidation or violence; (a e) the offence was committed in gross violation of the existing due diligence systems or with non-compliance with the related decisions of the competent authorities; (b) the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem; (b a) the offence damaged a legally protected area in a third country; (c) the offence was committed in the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA ; (d) the offence involved the use of false or forged documents~~; (e) the offence was committed by a public official when performing his/her dutie~~ or serious violation of Directive (EU) xxx/xxx [Corporate Sustainability Reporting Directive]; (e) the offence was committed by a public official when performing his/her duties; (e a) the offender holds a political position or have been entrusted with prominent public functions; (f) the offender committed similar previous infringements of environmental law; (f a) the offense converges with other crimes; (g) the offence generated or was expected to generate substantial financial benefits, or avoided substantial expenses, directly or indirectly; (h) the offender's conduct gives rise to liability for environmental damage but the offender does not fulfil their obligations to take remedial action under Article 6 of Directive 2004/35/EC57; (i) the offender does not provide assistance to inspection and other enforcement authorities when legally required; (j) the offender actively obstructs inspection, custom controls or investigation activities, or intimidates or interferes with witnesses or complainants; (j a) the offence has caused serious injuries or the death of human rights or environmental defenders, journalists, members of NGOs or persons reporting criminal offences or it entails coercing or attacking these groups. __________________ 57 Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56–75).

2022/12/06
Committee: DEVE

Proposal for a directive
Article 11 – paragraphs 1, 1 a (new) and 3

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 and 4 for a sufficient period of time after the commission of those criminal offences, or the date on which the environmental damage or human rights violation was known or revealed in order for those criminal offences to be tackled effectively~~. 3. By way of derogation from paragraph 2, Member States may establish a limit~~, in particular, when the environmental crime presents a transnational nature, has been committed in a developing country and involved organised crimes. For the investigation, p~~eriod that is shorter than ten years, but not shorter than four years, provided that the period may be interrupted or suspended in the event of specified acts.~~rosecution, trial and adjudication of criminal offences referred in Article 3a there shall not be limitation period. 1 a. Member States shall take the necessary measures to ensure that the limitation period of criminal offences referred to in Articles 3 and 4 does not commence until the concrete scope of the damage to the environment has been fully established by appropriate scientific means. deleted

2022/12/06
Committee: DEVE

Proposal for a directive
Article 12 – paragraphs 1 and 2

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: (a) the offence was committed in whole or in part on its territory; (b) the offence was committed on board a ship or an aircraft registered in it or flying its flag; (c) the damage occurred on its territory; (d) the offender is one of its nationals or habitual residents~~. 2. A Member State shall inform the Commission where it decid~~, regardless of whether the offence takes place in an EU Member State or a third country; (d a) the offence was committed for the benefit of a legal person established on its territory. 2. A Member State shall take 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: (a) the offence is committed for the benefit of a legal person established on its territory; (b) the offence is committed against one of its nationals or its habitual residents; (c) the offence has created a severe risk for the environment or for the biodiversity on its territory. 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. __________________ 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).

2022/12/06
Committee: DEVE

Proposal for a directive
Article 17 – paragraph 1

Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall request those responsible for the training of judges, prosecutors, police, judicial staff and competent authorities’ staff involved in criminal proceedings and investigations, including environmental experts, to provide at regular intervals specialised training, especially in the case of environmental crime committed within the framework of criminal organisations with respect to the objectives of this Directive and appropriate to the functions of the involved staff and authorities. Specialised trainings on the investigation and prosecution of transnational environmental crimes shall receive a particular attention.

2022/12/06
Committee: DEVE

Proposal for a directive
Article 21 – paragraph 2

2. The statistical data referred to in paragraph 1 shall include at least the following: (a) the number of environmental crime cases reported; (b) the number of environmental crime cases investigated; (c) the average length of court proceedings from the beginning of the criminal investigations of environmental crimes to the issuance of the judicial sentence and, including its execution; (d) the number of convictions for environmental crime; (e) the number of natural persons convicted and sanctioned for environmental crime; (f) the number of legal persons sanctioned for environmental crime or equivalent offences and whether the perpetrator was or acted within an organised crime group; (g) the number of dismissed court cases for environmental crime; (h) the types and levels of sanctions imposed for environmental crime, including per categories of environmental offences according to Article 3; (h a) the number of transnational environmental crime cases with disaggregation of countries where the environmental offence was committed; (h b) figures on proceeds from environmental crimes that were provisionally seized or frozen and finally confiscated; (h c) whether the environmental crime constitutes a predicate offence for money laundering; (h d) the number of victims, including groups of victims or local communities, disaggregated inter alia by sex, age, ethnicity, country of origin; (h e) type of impact on the environment and on people and local communities.

2022/12/06
Committee: DEVE

Proposal for a directive
Recital 6 a (new)

(6a) Over recent years, the European Union has taken a leadership role to ensure international supply chains of minerals are transparent and responsible. The adoption in 2017 of the regulation EU 2017/821 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas has sent a clear international message that companies are expected to assess risks in their supply chains, and take the necessary measures to mitigate them. EU Regulation 2017/821 currently focuses on risks of conflict financing, serious abuses of human rights and serious economic crimes. EU Regulation 2017/821 is based on the OECD Due Diligence Guidance for responsible supply chains of minerals from conflict-affected and high-risk areas, which emphasizes the need for companies to identify and mitigate risks in their supply chains to uphold human rights in producing countries and foster inclusion of legitimate artisanal and small-scale miners.

2022/09/09
Committee: DEVE

Proposal for a directive
Recital 23 a (new)

(23a) In order to ensure the effective investigation and prosecution of environmental offences committed in developing countries the principle of dual criminality should not apply.

2022/09/09
Committee: DEVE

Proposal for a directive
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 and 4 for a sufficient period of time after the commission of those criminal offences~~, in order for those criminal offences to be tackled effectively~~ the date on which the environmental damage or human rights violation was known or revealed in order for those criminal offences to be tackled effectively. in particular, when the environmental crime presents a transnational nature, has been committed in a developing country, and involved organised crime groups.

2022/09/09
Committee: DEVE

Proposal for a directive
Article 12 – paragraph 3 a (new)

3a. For the investigation and prosecution of environmental criminal offences referred to in Article 3, 3 a, and 4 committed in a developing country each Member State shall adopt the necessary measures to ensure that its jurisdiction is not subject to either of the following conditions: (a) the conduct is a criminal offence in the developing country where it was performed; (b) the prosecution can be initiated only following a report made by the victim or a denunciation from the developing country where the offence was committed.

2022/09/09
Committee: DEVE

Proposal for a directive
Article 12 – paragraph 3 b (new)

3b. Member States shall introduce universal jurisdiction of their courts for the prosecution and judgement 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.

2022/09/09
Committee: DEVE

Proposal for a directive
Article 13 – paragraph 1

1. Member States shall take the necessary measures to ensure that protection is applicable to natural persons, as granted under Article 4 of Directive (EU) 2019/1937, and legal persons is applicable to persons reporting criminal offences referred to in Articles 3 and 4 of this Directive.

2022/09/09
Committee: DEVE

Proposal for a directive
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 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.

2022/09/09
Committee: DEVE

Proposal for a directive
Article 14 – paragraph 1 a (new)

Member States shall ensure that, the following information is considered in the public interest and made available to the public concerned: (a) any final judgement in a trial; (b) information enabling the public concerned to know about the state of the proceedings, unless in exceptional cases the proper handling of the case may be adversely affected by such sharing of information.

2022/09/09
Committee: DEVE