Activities of Virginie JORON related to 2021/0422(COD)
Shadow reports (1)
REPORT 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
Amendments (16)
Amendment 89 #
Proposal for a directive
Recital 5
Recital 5
(5) Member States should criminalise offence categories and provide for greater precision on the definitions of the offence categories, and harmonisation concerning sanction types and levelss well as uphold the ‘polluter pays’ principle, according to the character of the damage observed in the short term but also that which is to be expected in the longer term.
Amendment 112 #
Proposal for a directive
Recital 14
Recital 14
(14) Sanctions for the offences should be effective, dissuasive and proportionate. To this end, minimum levels for the maximum term of imprisonment should be set for natural persons. Minimum levels for the maximum term of imprisonment may be achieved by national law as a sanction for a single criminal offence, for an aggravated offence or for a combination of concurrent applicable criminal offences. Accessory sanctions are often seen as being more effective than financial sanctions especially for legal persons. Additional sanctions or measures should be therefore available in criminal proceedings. These should include the obligation to reinstate the environment, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases.
Amendment 115 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) The criminal law systems of all Member States include provisions on manslaughter, whether it is committed intentionally or by gross negligence. Member States should be able to rely on these provisions when transposing the provisions of this Directive on offences that cause the death of any person, whether committed intentionally or by gross negligence. In this context, gross negligence describes a particularly serious breach of duty of care.
Amendment 130 #
Proposal for a directive
Recital 18
Recital 18
(18) This Directive should apply without prejudice to the general rules and principles of national criminal law on the sentencing or the application and execution of sentences in accordance with the specific circumstances in each individual case, with the utmost respect for subsidiarity.
Amendment 148 #
Proposal for a directive
Recital 25
Recital 25
(25) Other persons may also possess valuable information concerning potential environmental criminal offences. They may be members of the community affected or members of society at large taking an active part in protecting the environment, in a reasoned and non- extremist manner. Such persons who report environmental crimes as well as persons who cooperate with the enforcement of such offences should be provided the necessary support and assistance in the context of criminal proceedings, so that they are not disadvantaged for their cooperation but supported and assisted. These persons should also be protected from being harassed or unduly prosecuted for reporting such offences or their cooperation in the criminal proceedings.
Amendment 161 #
Proposal for a directive
Recital 30
Recital 30
(30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF), in their respective areas of competence.
Amendment 168 #
Proposal for a directive
Recital 33
Recital 33
(33) The statistical data collected under this Directive on environmental offences should be comparable between the Member States and collected on the basis of common minimum standards. In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission to define the standard format for statistical data transmission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council27. _________________ 27 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 266 #
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, which cause substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 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 269 #
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, which cause substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants. _________________ 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 328 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 333 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take the measures necessary measures to ensure that the offences referred to in Article 3(1) points (kf), (l), (m), (o),g) and (k) to (pr) are punishable by a maximum term of imprisonment of at least fourthree years.
Amendment 415 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (k), (l), (m), (o), (p), (q), (r) are punishable by fines, the maximum limit of which shall be not less than 3% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 417 #
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. Where their national law does not allow the level of fines to be determined using a percentage of the total worldwide turnover of the legal person in similar cases, Member States may, as regards the criminal or non-criminal fines referred to in Article 7(4) and (5), use other methods to set a maximum limit and the level of a fine, provided that the result is proportionate to the severity of the conduct and to the individual, financial and other situation of the legal person concerned.
Amendment 489 #
Proposal for a directive
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. A Member State shall inform the Commission where it decides tomay extend its jurisdiction to offences referred to in Articles 3 and 4 which have been committed outside its territory, where:
Amendment 514 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall ensure that, in accordance with their national legal system, members of the public concerned have appropriate rights to participate in proceedings concerning offences referred to in Articles 3 and 4, for instance as a civil party.
Amendment 567 #