Activities of Alexandr VONDRA related to 2021/0422(COD)
Shadow opinions (2)
OPINION on the proposal for a directive of the European Parliament and of the Council on the Protection of the environment through criminal law and replacing Directive 2008/99/EC
OPINION on the proposal for a directive of the European Parliament and of the Council on the protection of the environment through criminal law
Amendments (138)
Amendment 148 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) It is important to emphasise that the term unlawful can also have an independent meaning in criminal law in the Member States. The definition given in this Directive is without prejudice to those national provisions, the frameworks against which this term can be tested, and the possible grounds of justification that exist in national law.
Amendment 164 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) It is important to emphasise that the term unlawful can also have an independent meaning in criminal law in the Member States. The definition given in this Directive is without prejudice to those national provisions, the frameworks against which this term can be tested, and the possible grounds of justification that exist in national law.
Amendment 192 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23 a) The fact that perpetrators of environmental offenses can easily move across borders means that it is of the utmost importance that the investigative services in the different Member States can work well together. It is of the utmost importance that cooperation between the different Member States runs as smoothly as possible. The Commission must, without creating cumbersome, bureaucratic bodies, facilitate this cooperation as much as possible.
Amendment 194 #
Proposal for a directive
Recital 23 b (new)
Recital 23 b (new)
(23 b) The Commission must map out which bottlenecks the Member States and investigative organizations encounter when it comes to cross-border cooperation. The Commission should write down these findings in a report and forward this report to the Council and Parliament once every two years. In that report, the Commission indicates whether, and if so which measures it is taking to tackle these bottlenecks. When applicable, the Commission reflects on the measures taken on the basis of the previous report.
Amendment 199 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) The fact that perpetrators of environmental offenses can easily move across borders means that it is of the utmost importance that the investigative services in the different Member States can work well together. It is of the utmost importance that cooperation between the different Member States runs as smoothly as possible. The Commission must, without creating cumbersome, bureaucratic bodies, facilitate this cooperation as much as possible.
Amendment 200 #
Proposal for a directive
Recital 23 b (new)
Recital 23 b (new)
(23b) The Commission must map out which bottlenecks the Member States and investigative organizations encounter when it comes to cross-border cooperation. The Commission should write down these findings in a report and forward this report to the Council and Parliament once every two years. In that report, the Commission indicates whether, and if so which measures it is taking to tackle these bottlenecks. When applicable, the Commission reflects on the measures taken on the basis of the previous report.
Amendment 216 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) directly applicable 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;
Amendment 217 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(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)quiring transposition in national law, 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.
Amendment 218 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – paragraph 1
Article 2 – paragraph 1 – point 1 – paragraph 1
Amendment 219 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – paragraph 1
Article 2 – paragraph 1 – point 1 – paragraph 1
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; This definition is without prejudice to frameworks that exist in the Member States for determining whether a conduct is unlawful. Nor does the definition affect any justification grounds that exist in national law, or the inferences that a court must draw from the existence of justification grounds;
Amendment 221 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 231 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the placing on the marketa larger scale of a products on the market 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 substantial damage to the quality of air, the quality orf soil qualityor the quality of water, or to animals or plants as a result of the product's use on a larger scale;
Amendment 233 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) directly applicable 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;
Amendment 234 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(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)quiring transposition in national law, 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.
Amendment 234 #
Proposal for a directive
Article 3 – paragraph 1 – point c – paragraph 1
Article 3 – paragraph 1 – point c – paragraph 1
and it causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 235 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(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/EUquality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 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).
Amendment 237 #
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(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:
Amendment 238 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – paragraph 1
Article 2 – paragraph 1 – point 1 – paragraph 1
Amendment 239 #
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Article 3 – paragraph 1 – point e – point i
(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-negligiblcauses or is likely to cause substantial damage to the quality of air, the quality of soil or the quantlity of water, or to animals or plants; _________________ 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).
Amendment 240 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – paragraph 1
Article 2 – paragraph 1 – point 1 – paragraph 1
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; This definition is without prejudice to frameworks that exist in the Member States for determining whether a conduct is unlawful. Nor does the definition affect any justification grounds that exist in national law, or the inferences that a court must draw from the existence of justification grounds;
Amendment 242 #
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Article 3 – paragraph 1 – point e – point ii
(ii) concerns other waste than referred to in point (i) and causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 244 #
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(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, which causes or is likely to cause substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 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).
Amendment 245 #
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(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 inwhich causes or is likely to cause significant deterioration in the quality of water; _________________ 42 Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11– 21).
Amendment 248 #
Proposal for a directive
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) the installation, operation or dismantling of an installation in which a dangerous activity is carried out or in which dangerous substances, preparations or pollutants are stored or used falling within the scope of Directive 2012/18/EU of the European Parliament and of the Council43 , Directive 2010/75/EU of the European Parliament and of the Council44 or Directive 2013/30/EU of the European Parliament and of the Council45 and which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 43 Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC Text with EEA relevance (OJ L 197, 24.7.2012, p. 1– 37). 44 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17– 119). 45 Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC (OJ L 178, 28.6.2013, p. 66– 106).
Amendment 249 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 250 #
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) the manufacture, production, processing, handling, use, holding, storage, transport, import, export or disposal of radioactive material falling within the scope of Council Directive 2013/59/Euratom46 , Council Directive 2014/87/Euratom47 or Council Directive 2013/51/Euratom48 , which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 46 Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p. 1–73). 47 Council Directive 2014/87/Euratom of 8 July 2014 amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations (OJ L 219, 25.7.2014, p. 42–52). 48 Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ L 296, 7.11.2013, p. 12– 21).
Amendment 257 #
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) the placing or making available on a larger scale 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.] _________________ 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 263 #
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) any conduct which causes the deterioration of a habitat within a protected site, within the meaning of Article 6(2) of the Directive 92/43/EEC, when this deterioration is significant or any conduct consisting in killing or destroying animal and plant species protected in a habitat within a protected side, when the endangerment of their status is significant;
Amendment 265 #
Proposal for a directive
Article 3 – paragraph 1 – point p – point i
Article 3 – paragraph 1 – point p – point i
(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 and has or is likely to have a significant adverse impact on biodiversity or the related ecosystem service; _________________ 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).
Amendment 266 #
Proposal for a directive
Article 3 – paragraph 1 – point p – point ii
Article 3 – paragraph 1 – point p – point ii
(ii) the conduct breaches a condition of permit issued under Article 8 or of authorisation granted under Article 9 of Regulation (EU) No 1143/2014 and causehas 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 planthave a significant adverse impact on biodiversity or the related ecosystem services;
Amendment 267 #
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(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, when undertaken in a non- negligible quantity; _________________ 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)
Amendment 268 #
Proposal for a directive
Article 3 – paragraph 1 – point r
Article 3 – paragraph 1 – point r
(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, when undertaken in a non-negligible quantity. _________________ 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).
Amendment 274 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 284 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the placing on the marketa larger scale of a products on the market 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 soilsubstantial damage to the quality of air, the quality, or to animals or plants as a result of the product's use on a larger scalef soil or the quality of water, or to animals or plants;
Amendment 284 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 286 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 292 #
Proposal for a directive
Article 3 – paragraph 1 – point c – paragraph 1
Article 3 – paragraph 1 – point c – paragraph 1
and it causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 298 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(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/EUquality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 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).
Amendment 301 #
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(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:
Amendment 302 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least teneight years if they cause or are likely to cause death or serious injury to any person.
Amendment 304 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by a maximum term of imprisonment of at least sixfour years.
Amendment 305 #
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Article 3 – paragraph 1 – point e – point i
(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-negligiblcauses or is likely to cause substantial damage to the quality of air, the quality of soil or the quantlity of water, or to animals or plants; _________________ 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).
Amendment 305 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by a maximum term of imprisonment of at least fourtwo years.
Amendment 308 #
Proposal for a directive
Article 5 – paragraph 5 – introductory part
Article 5 – paragraph 5 – introductory part
5. Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3 and 4 may be subject to additional sanctions or measures which shallmay include:
Amendment 309 #
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Article 3 – paragraph 1 – point e – point ii
(ii) concerns other waste than referred to in point (i) and causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 311 #
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(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, which causes or is likely to cause substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 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).
Amendment 311 #
Proposal for a directive
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) obligation to reinstate the environmentreimbursement of the environment reinstatement costs within a given time period;
Amendment 312 #
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(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 inwhich causes or is likely to cause significant deterioration in the quality of water; _________________ 42 Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11– 21).
Amendment 315 #
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;
Amendment 316 #
Proposal for a directive
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
(e) withdrawal of permits and authorisatiotemporary bans ton pursueing activities which have resulted in committing the offence;
Amendment 317 #
Proposal for a directive
Article 5 – paragraph 5 – point f
Article 5 – paragraph 5 – point f
Amendment 319 #
Proposal for a directive
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
Amendment 319 #
Proposal for a directive
Article 5 – paragraph 5 – point g
Article 5 – paragraph 5 – point g
Amendment 322 #
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) the manufacture, production, processing, handling, use, holding, storage, transport, import, export or disposal of radioactive material falling within the scope of Council Directive 2013/59/Euratom46 , Council Directive 2014/87/Euratom47 or Council Directive 2013/51/Euratom48 , which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 46 Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p. 1–73). 47 Council Directive 2014/87/Euratom of 8 July 2014 amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations (OJ L 219, 25.7.2014, p. 42–52). 48 Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ L 296, 7.11.2013, p. 12– 21).
Amendment 325 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall also ensure that legal persons can be held liable where the culpable lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of an offence referred to in Articles 3 and 4 for the benefit of the legal person by a person under its authority.
Amendment 327 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) is punishable by effective, proportionate and dissuasive sanctions.
Amendment 329 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall take the necessary measures to ensure that sanctions or measures for legal persons liable pursuant to Article 6(1) for the offences referred to in Articles 3 and 4 shall include criminal or non-criminal fines and may include other sanctions or measures, such as:
Amendment 331 #
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Amendment 334 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) the obligation to reinstate the environmentreimbursement of the environment reinstatement costs within a given period;
Amendment 337 #
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) temporary exclusion from entitlement to public benefits or aid;
Amendment 339 #
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) the placing or making available on a larger scale 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.] _________________ 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 339 #
Proposal for a directive
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) temporary or permanent disqualification from the practice of business activities;
Amendment 340 #
Proposal for a directive
Article 7 – paragraph 2 – point f
Article 7 – paragraph 2 – point f
(f) withdrawal of permits and authorisations totemporary ban on pursueing activities which have resulted in committing the offence;
Amendment 341 #
Proposal for a directive
Article 7 – paragraph 2 – point j
Article 7 – paragraph 2 – point j
Amendment 344 #
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) any conduct which causes the deterioration of a habitat within a protected site, within the meaning of Article 6(2) of the Directive 92/43/EEC, when this deterioration is significant, or any conduct consisting in killing or destroying animal and plant species protected in a habitat within a protected side, when the endangerment of their status is significant;
Amendment 345 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall take the necessary measures to ensure that athe amount of criminal or non-criminal fines imposed on legal persons held liable pursuant to Article 6(2) is punishable by sanctions or measures, whroportionate to the seriousness of the conduct, the economich are effective, proportionate and dissuasivend financial situation of the legal person concerned and other circumstances of the case as defined in the national law.
Amendment 346 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 350 #
Proposal for a directive
Article 3 – paragraph 1 – point p – point i
Article 3 – paragraph 1 – point p – point i
(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 and has or is likely to have a significant adverse impact on biodiversity or the related ecosystem service; _________________ 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).
Amendment 352 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 353 #
Proposal for a directive
Article 3 – paragraph 1 – point p – point ii
Article 3 – paragraph 1 – point p – point ii
(ii) the conduct breaches a condition of permit issued under Article 8 or of authorisation granted under Article 9 of Regulation (EU) No 1143/2014 and causehas 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 planthave a significant adverse impact on biodiversity or the related ecosystem services;
Amendment 356 #
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(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, when undertaken in a non- negligible quantity; _________________ 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)
Amendment 357 #
(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, when undertaken in a non-negligible quantity. _________________ 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).
Amendment 357 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 359 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
In so far as the following circumstances do not already form part of the constituent elements of the criminal offences referred to in Article 3, Member States shall take the necessary measures to ensure that, in relation to the relevant offences referred to in Articles 3 and 4, at least one of the following circumstances may be regarded as aggravating circumstances:
Amendment 369 #
Proposal for a directive
Article 8 – paragraph 1 – point h
Article 8 – paragraph 1 – point h
Amendment 370 #
Proposal for a directive
Article 8 – paragraph 1 – point i
Article 8 – paragraph 1 – point i
Amendment 371 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 371 #
Proposal for a directive
Article 8 – paragraph 1 – point j
Article 8 – paragraph 1 – point j
Amendment 387 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 387 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 394 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 395 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 396 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 402 #
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) the offender is one of its nationals or habitual residents.
Amendment 411 #
Proposal for a directive
Article 12 – paragraph 2 – point a a (new)
Article 12 – paragraph 2 – point a a (new)
(a a) the offender has his or her habitual residence in its territory;
Amendment 419 #
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 as provided for in Directive (EU) 2019/1937 in the context of criminal proceedings.
Amendment 423 #
Proposal for a directive
Article 14
Article 14
Amendment 428 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least teneight years if they cause or are likely to cause death or serious injury to any person.
Amendment 428 #
Proposal for a directive
Article 15
Article 15
Amendment 431 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by a maximum term of imprisonment of at least sixfour years.
Amendment 432 #
Proposal for a directive
Article 16
Article 16
Amendment 434 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by a maximum term of imprisonment of at least fourtwo years.
Amendment 435 #
Proposal for a directive
Article 17
Article 17
Amendment 440 #
Proposal for a directive
Article 5 – paragraph 5 – introductory part
Article 5 – paragraph 5 – introductory part
5. Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3 and 4 may be subject to additional sanctions or measures which shallmay include:
Amendment 442 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases, are alsoeffective, proportionate to the crime committed and available for investigating or prosecuting offences referred to in Articles 3 and 4.
Amendment 443 #
Proposal for a directive
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) obligation to reinstate the environmentreimbursement of the environment reinstatement costs within a given time period;
Amendment 445 #
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 446 #
Proposal for a directive
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
Amendment 452 #
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;
Amendment 452 #
Proposal for a directive
Article 20
Article 20
Amendment 455 #
Proposal for a directive
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
(e) withdrawal of permits and authorisatiotemporary bans ton pursueing activities which have resulted in committing the offence;.
Amendment 458 #
Proposal for a directive
Article 5 – paragraph 5 – point f
Article 5 – paragraph 5 – point f
Amendment 459 #
Proposal for a directive
Article 5 – paragraph 5 – point g
Article 5 – paragraph 5 – point g
Amendment 460 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Member States shall biannually transmit to the Commission the statistical data referred to in paragraph 2 in a standard format established in accordance with Article 22.
Amendment 465 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 467 #
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 culpable lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of an offence referred to in Articles 3 and 4 for the benefit of the legal person by a person under its authority.
Amendment 471 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) is punishable by effective, proportionate and dissuasive sanctions.
Amendment 473 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall take the necessary measures to ensure that sanctions or measures for legal persons liable pursuant to Article 6(1) for the offences referred to in Articles 3 and 4 shall include criminal or non-criminal fines and may include other sanctions or measures, such as:
Amendment 475 #
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Amendment 478 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) the obligation to reinstate the environmentreimbursement of the environment reinstatement costs within a given period;
Amendment 480 #
(c) temporary exclusion from entitlement to public benefits or aid;
Amendment 483 #
(e) temporary or permanent disqualification from the practice of business activities;
Amendment 484 #
Proposal for a directive
Article 7 – paragraph 2 – point f
Article 7 – paragraph 2 – point f
(f) withdrawal of permits and authorisations totemporary ban on pursueing activities which have resulted in committing the offence;
Amendment 486 #
Proposal for a directive
Article 7 – paragraph 2 – point j
Article 7 – paragraph 2 – point j
Amendment 490 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall take the necessary measures to ensure that athe amount of criminal or non-criminal fines imposed on legal persons held liable pursuant to Article 6(2) is punishable by sanctions or measures, whroportionate to the seriousness of the conduct, the economich are effective, proportionate and dissuasivend financial situation of the legal person concerned and other circumstances of the case as defined in the national law.
Amendment 492 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 499 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 509 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 511 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
In so far as the following circumstances do not already form part of the constituent elements of the criminal offences referred to in Article 3, Member States shall take the necessary measures to ensure that, in relation to the relevant offences referred to in Articles 3 and 4, at least one of the following circumstances may be regarded as aggravating circumstances:
Amendment 532 #
Proposal for a directive
Article 8 – paragraph 1 – point h
Article 8 – paragraph 1 – point h
Amendment 533 #
Proposal for a directive
Article 8 – paragraph 1 – point i
Article 8 – paragraph 1 – point i
Amendment 535 #
Proposal for a directive
Article 8 – paragraph 1 – point j
Article 8 – paragraph 1 – point j
Amendment 555 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 566 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 571 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 583 #
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) the offender is one of its nationals or habitual residents.
Amendment 590 #
Proposal for a directive
Article 12 – paragraph 2 – point -a (new)
Article 12 – paragraph 2 – point -a (new)
(-a) the offender has his or her habitual residence in its territory;
Amendment 600 #
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 as provided for in Directive (EU) 2019/1937 in the context of criminal proceedings.
Amendment 605 #
Proposal for a directive
Article 14
Article 14
Amendment 615 #
Proposal for a directive
Article 15
Article 15
Amendment 618 #
Proposal for a directive
Article 16
Article 16
Amendment 622 #
Proposal for a directive
Article 17
Article 17
Amendment 625 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases, are alsoeffective, proportionate to the crime committed and available for investigating or prosecuting offences referred to in Articles 3 and 4.
Amendment 629 #
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 630 #
Proposal for a directive
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
Amendment 636 #
Proposal for a directive
Article 20
Article 20
Amendment 652 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Member States shall biannually transmit to the Commission the statistical data referred to in paragraph 2 in a standard format established in accordance with Article 22.
Amendment 664 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2