59 Amendments of Manon AUBRY related to 2021/0422(COD)
Amendment 94 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to constitute an environmental offence under this Directive, conduct should be unlawful under Union law protecting the environment or national laws, administrative regulations or decisions giving effect to that Union law. The conduct which constitutes each category of criminal offence should be defined and, where appropriate, a threshold which needs to be met for the conduct to be criminalised should be set. Such conduct should be considered a criminal offence when committed intentionally and, in certain cases, also when committed with serious negligence. Illegal conduct that causes death or serious injury of persons, substantial damage or a considerable risk of substantial damage for the environment or is considered otherwise as particularly harmful to the environment constitutes a criminal offence when committed with serious negligence. Member States remain free to adopt or maintain more stringent criminal law rules in that area.
Amendment 102 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The gravest forms of environmental crime should be defined as ecocide, and recognised as an international crime under the Rome Statute of the International Criminal Court, and by the European Union in this Directive;
Amendment 110 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Ecocide refers to the process of environmental or ecological destruction and means 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 by those acts. It can be linked to unlawful economic activity, unsocial behaviour, disrespect of human rights, war crimes, excessive pollution, destruction of biodiversity or wilful and severe actions aggravating climate change beyond the enshrined limits according to the Paris agreement.
Amendment 147 #
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 binclude members of the community affected, civil society 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 protection, support and assistance in the context of criminal proceedings, so that they are not disadvantaged for their cooperation but supported and assisted. These persons should also be protected from being harassed or unduly prosecuted for reporting such offences or their cooperation in the criminal proceedings.
Amendment 171 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum measures to combat environmental crime and minimum rules concerning the definition of criminal offences and sanctions in order to protect the environment more effectively.
Amendment 187 #
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 or 4. For the purposes of this definition, persons having an 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 190 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘offering for sale’, ‘sale’ and ‘trade’ have the meaning attributed to them in Article 2 (i), (p),and (u) of Council Regulation (EC) No 338/97. For the purposes of these definitions, they also cover the offering for sale, sale and trade occurring online, irrespective of the place of establishment or residence of the providers of the intermediary online services and of the traders;
Amendment 191 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
(5b) ‘placing on the market' has the meanings attributed to it in Article 3 (12) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council, in Article 3 (9) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council, in Article 3 (1) (j) of Regulation (EU) No 528/2012 of the European Parliament and of the Council, in Article 2 (b) of Regulation (EU) No 995/2010 of the European Parliament and of the Council, in Article 3 (20) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council, and in Article 2 (10) of Regulation (EU) No 517/2014 of the European Parliament and of the Council.
Amendment 192 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
(5b) ‘polluter pays principle’ means that polluters should bear the costs of their pollution or environmental damage, including the cost of measures taken to prevent, control and remedy pollution, as well as the costs the polluters impose on society;
Amendment 195 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 e (new)
Article 2 – paragraph 1 – point 5 e (new)
(5e) ‘One Health Approach’ means an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent;
Amendment 204 #
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, energy 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;
Amendment 247 #
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 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 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 259 #
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) illegal harvesting of timber and/or the placing or making available on the Union market, including online, 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.] _________________ 52 Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23–34).
Amendment 274 #
Proposal for a directive
Article 3 – paragraph 1 – point r b (new)
Article 3 – paragraph 1 – point r b (new)
(rb) the significant harm of the environment in case of public or private investments when severely disrespecting the 'do no significant harm' principle within the meaning of Article 17 of the Taxonomy regulation;
Amendment 276 #
Proposal for a directive
Article 3 – paragraph 1 – point r c (new)
Article 3 – paragraph 1 – point r c (new)
(rc) the environmental damage to forests, including through committing forest fires intentionally or due to a lack of due diligence and the disrespect of the sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels in Article 29 of (RED III - recast);
Amendment 278 #
Proposal for a directive
Article 3 – paragraph 1 – point r d (new)
Article 3 – paragraph 1 – point r d (new)
(rd) the violation of standards as set in the Corporate Sustainability Due Diligence Directive (2022/0051(COD));
Amendment 279 #
Proposal for a directive
Article 3 – paragraph 1 – point r e (new)
Article 3 – paragraph 1 – point r e (new)
(re) the damage of the environment as defined in Directive 2004/35/CE on environmental liability with regard to the prevention and remedying of environmental damage;
Amendment 291 #
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Article 3 – paragraph 3 – point e a (new)
(ea) the monetary value of the environmental damage caused by the offence, notwithstanding damages that are not quantifiable in monetary value
Amendment 292 #
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Article 3 – paragraph 3 – point e a (new)
(ea) the financial benefits derived from the damage caused by the perpetrators;
Amendment 297 #
Proposal for a directive
Article 3 – paragraph 3 – point e c (new)
Article 3 – paragraph 3 – point e c (new)
(ec) the conservation status of the species, population or habitats affected;
Amendment 301 #
Proposal for a directive
Article 3 – paragraph 4 – point a
Article 3 – paragraph 4 – point a
(a) the conduct relates to an activity which is considered as risky or dangerous, requires an authorisation which was not obtained, updated or complied with;
Amendment 303 #
Proposal for a directive
Article 3 – paragraph 4 – point c a (new)
Article 3 – paragraph 4 – point c a (new)
(ca) whether the damage to the quality or quantity of water would lead to a deterioration of the Status of the Water Body as defined in the last River Basin Management Plan, in accordance with the statements of Annex V of the Directive 2000/60/EC and would compromise the achievement of good status/potential by 2027 in any of the water bodies in the same river basin district.
Amendment 306 #
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 307 #
Proposal for a directive
Article 3 – paragraph 5 – point b a (new)
Article 3 – paragraph 5 – point b a (new)
(ba) whether the offender has committed prior infringements;
Amendment 308 #
Proposal for a directive
Article 3 – paragraph 5 – point d
Article 3 – paragraph 5 – point d
(d) the cost of restoration of environmental damage, taking into account the ecological, social and monetary value of the supplied ecosystem service, such as carbon storage, lost or temporarily lost.
Amendment 312 #
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. For the offences mentioned in this Article and in line with Article25(3), Member States shall continuously ensure that new and updated legislation at Union, national and regional level regarding these offences is duly taken into account.
Amendment 340 #
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 348 #
Proposal for a directive
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) temporary or permanent exclusions from access to public funding, including tender procedures, grants and concessions, including in other Member States;
Amendment 351 #
Proposal for a directive
Article 5 – paragraph 5 – point d
Article 5 – paragraph 5 – point d
(d) disqualification from directing establishments of the type used for committing the offence, including in other Member States;
Amendment 354 #
Proposal for a directive
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
(e) withdrawal of permits and authorisations to pursue activities which have resulted in committing the offence, including in other Member States;
Amendment 355 #
Proposal for a directive
Article 5 – paragraph 5 – point e a (new)
Article 5 – paragraph 5 – point e a (new)
(ea) lifelong prohibition on working with and owning animals;
Amendment 359 #
Proposal for a directive
Article 5 – paragraph 5 – point g a (new)
Article 5 – paragraph 5 – point g a (new)
(ga) reimbursement of costs incurred by third parties who have investigated, reported or sued the offender;
Amendment 370 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall ensure that legal persons that commit an offence referred to in Articles 3 and 4 are liable under civil law to repair damages suffered by victims as a result of that offence;
Amendment 371 #
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, if applicable, throughout its entire supply chain, by a person referred to in paragraph 1 has made possible the commission of an offence referred to in Articles 3 and 4 for the benefit of the legal person by a person under its authority.
Amendment 382 #
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) criminal or non-criminal fines that are dissuasive, taking into account the potential financial benefits for a legal person to commit the offense;
Amendment 386 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) the obligation to reinstate the environment within a given period and to compensate for the damage caused;
Amendment 388 #
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) exclusion from entitlement to public benefits or aid, including in other Member States;
Amendment 390 #
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) temporary exclusion from access to public funding, including tender procedures, grants and concessions, including in other Member States;
Amendment 398 #
Proposal for a directive
Article 7 – paragraph 2 – point j
Article 7 – paragraph 2 – point j
(j) obligation, subject to a periodic penalty payment, of companies to install due diligence schemes for enhancing compliance with environmental standards;
Amendment 399 #
Proposal for a directive
Article 7 – paragraph 2 – point j a (new)
Article 7 – paragraph 2 – point j a (new)
(j a) reimbursement of costs incurred by third parties who have investigated, reported or sued the offender;
Amendment 407 #
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 25% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 429 #
Proposal for a directive
Article 8 – paragraph 1 – point j
Article 8 – paragraph 1 – point j
(j) the offender actively obstructs inspection, custom controls or investigation activities, destroys any available evidence, or intimidates or interferes with witnesses or complainants.;
Amendment 454 #
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 awith a limitation period of at least twenty years from the time when the offence was committed or discovered, when offences are punishable;
Amendment 460 #
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, with a limitation for a period of at least twelve six years from the time when the offence was committed or discovered, when offences are punishable;
Amendment 467 #
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, with a limitation for a period of at least foureight years from the time when the offence was committed or discovered, when offences are punishable.
Amendment 471 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 502 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall take the necessary measures to ensure that protection is granted to any natural person under Directive (EU) 2019/1937, ias applicable towell as legal persons reporting criminal offences referred to in Articles 3 and 4 of this Directive.
Amendment 503 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall take the necessary measures to ensure that 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, including sufficient financial support.
Amendment 504 #
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 and 4 of this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessary protection, support and assistance in the context of criminal proceedings.
Amendment 527 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Member States shall ensure that staff along the enforcement and judicial chain, including prosecutors and police authorities, have expertise in environmental crime.
Amendment 529 #
Proposal for a directive
Article 17 – paragraph 1
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 to provide at regular intervals specialised training with respect to the objectives of this Directive and appropriate to the functions of the involved staff and authorities. The specialised training should also provide tools to effectively fight financial and cybercrimes.
Amendment 531 #
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, financial crime, cybercrime or other serious crime cases, are also available for investigating or prosecuting offences referred to in Articles 3 and 4.
Amendment 535 #
Proposal for a directive
Article 19 – title
Article 19 – title
Coordination and cooperation between competent authorities within and between Member States
Amendment 538 #
Proposal for a directive
Article 19 – paragraph 1 – point d a (new)
Article 19 – paragraph 1 – point d a (new)
(d a) the exchange of information on offenders to prevent that persons who committed environmental offences can resume criminal activities, including in other Member States;
Amendment 554 #
Proposal for a directive
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
(c) the averagemedian, average and maximum lengths of the criminal investigations of environmental crimes;
Amendment 568 #
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2 a. The Commission shall develop sentencing guidelines in order to assist the Member States in the preparation of harmonised sanctions that are effective, dissuasive and proportionate to the offence committed.
Amendment 572 #
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], 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. Member States shall provide the Commission with the necessary information for the preparation of that report, including the statistical data referred to in Article 21, and the qualitative and quantitative data relative to the indicators of performance referred to in point 1.4.4 of the Legislative Financial Statement, and any other information that may be deemed relevant..
Amendment 581 #
Proposal for a directive
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3 a. The Commission will, in a timely manner, publish the full reports referred to in paragraphs 1, 2 and 3 of this article, as well as the qualitative and quantitative data relative to the indicators of performance transmitted by the Member States and referred to in point 1.4.4 of the Legislative Financial Statement.
Amendment 587 #
Proposal for a directive
Article 25 – paragraph 3 d (new)
Article 25 – paragraph 3 d (new)
3 d. By two years after the entry into force of this Directive, the Commission shall present a report on how environmental crime negatively impacts upon the environment, One Health and the exceedance of planetary boundaries.