21 Amendments of Sabrina PIGNEDOLI related to 2021/0422(COD)
Amendment 77 #
(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 forpose a threat to the environment, are highly profitable for those who commit them and are difficult to detect, and their commission does not carry high penalties. These factors contribute to promoting environmental crime and the organised criminal groups that profit from it, making it necessary to provide an appropriate and effective response.
Amendment 83 #
Proposal for a directive
Recital 3
Recital 3
(3) The existing systems of penalties under Directive 2008/99/EC of the European Parliament and of the Council20 and environmental sectoral law have not been sufficient in all environmental policy area to achieve compliance with Union law for the protection of the environment. Compliance should be strengthened by the availability of criminal penalties that are sufficiently dissuasive and commensurate with the seriousness of the offences, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties. _________________ 20 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
Amendment 95 #
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 101 #
Proposal for a directive
Recital 9
Recital 9
(9) The environment should be protected in a wide sense, as set out under Article 3 (3) TEU and Article 191 TFEU, to ensure that environmental damage can be prevented and remedied at a reasonable cost to society and based on the ‘polluter pays’ principle. This should covering all natural resources -— air, water, soil, wild fauna and flora including habitats -— as well as services provided by natural resources.
Amendment 172 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning the definition of criminal offences against the environment and sanctions in order to protect theevent and fight environmental crime more effectively.
Amendment 202 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the discharge, abandonment, 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;
Amendment 212 #
Proposal for a directive
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) the illegal causing of significant and measurable impairment or deterioration: of water or air, or of extensive areas of soil or subsoil; of an ecosystem, of biodiversity, including agricultural biodiversity, of flora or fauna;
Amendment 213 #
Proposal for a directive
Article 3 – paragraph 1 – point b b (new)
Article 3 – paragraph 1 – point b b (new)
(bb) the illegal causing of an irreversible alteration in the balance of an ecosystem, where the elimination of that alteration would be particularly costly and achievable only using exceptional measures; an offence against public safety by reason of the scale of the action in terms of the extent of the impairment or its damaging effects or the number of persons injured or exposed to danger, taking into account the time element;
Amendment 233 #
Proposal for a directive
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) the failure to clean up, restore or recover the site where there is a legal obligation to do so or an order by a judicial authority requiring such action;
Amendment 285 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall ensure that the conduct referred to in paragraph 1, points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (m), (n), (p) (ii), (q), (r) also constitutes a criminal offence, when committed with at least serious negligence.
Amendment 322 #
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 ten years if they cause or are likely to cause death or serious injury to any person. or ecocide;
Amendment 347 #
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 concession, concessions, licenses and European and national public procurement as well as subcontracts;
Amendment 358 #
Proposal for a directive
Article 5 – paragraph 5 – point g
Article 5 – paragraph 5 – point g
(g) national or Union-wide publication of the judicial decision relating to the conviction or any sanctions or measures applied., and is also indicated in the chamber of commerce record;
Amendment 424 #
Proposal for a directive
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) the offence was committed in the framework of a criminal (even mafia- style) association seeking to take over the management or control of economic activities, concessions, licences, tenders or public services;
Amendment 446 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall take the necessary measures to provide for a limitation period that enables the investigation, prosecution, trial and judicial adjudication of criminal offences referred to in Articles 3 and 4 for a sufficient period of time after the commission of those criminal offences were discovered, in order for those criminal offences to be tackled effectively.
Amendment 456 #
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least ten years of imprisonment, for a period of at least ten years from the time when the offence was committdiscovered, when offences are punishable;
Amendment 462 #
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least six years of imprisonment, for a period of at least six years from the time when the offence was committdiscovered, when offences are punishable;
Amendment 469 #
Proposal for a directive
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least four years of imprisonment, for a period of at least four years from the time when the offence was committdiscovered, when offences are punishable.
Amendment 472 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 520 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14 a Burden of proof Member States shall ensure that their national legislation specifies that if the crime is connected on the basis of scientific studies and analysis to specific diseases causing health damage or death, the burden of proving the lack of etiological link is on the perpetrator;
Amendment 530 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases, are also available for investigating or prosecuting offences referred to in Articles 3 and 4. Member States shall take the necessary measures to set up a unit specialising in environmental crimes within their national Europol and Eurojust offices.