12 Amendments of Jean-Paul GARRAUD related to 2021/0422(COD)
Amendment 159 #
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 levels.
Amendment 171 #
Proposal for a directive
Recital 12
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, 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 even take the form of corruptionadministrative procedures, people often encounter situations such as procedures being incomprehensibly lengthy, access to public information being obstructed or entities that may be corrupt receiving unequal treatment. 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.
Amendment 184 #
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, and in the strictest compliance with subsidiarity.
Amendment 193 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Greater involvement by the people concerned in the process of monitoring the implementation and enforcement of the law can help prevent such environmental crimes. This will result in greater transparency of procedures, thereby making it more difficult to deal with particular financial and economic interests to the detriment of public and individual interests.
Amendment 198 #
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 a reasoned manner, 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 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 200 #
(26) Since nature cannot represent itself as a victim in criminal proceedings, for the purpose of effective enforcement members of the public concerned, as defined in this Directive taking into account Articles 2(5) and 9(3) of the Aarhus Convention26 and who correspond to the criteria laid down by the national laws of the Member States, should have the possibility to act on behalf of the environment as a public good, within the scope of the Member States’ legal framework and subject to the relevant procedural rules and with reasonable cause to think that a situation presents a serious and imminent danger to the environment. _________________ 26 United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters.
Amendment 208 #
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)as well as with EU bodies, in their respective areas of competence.
Amendment 213 #
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 232 #
Proposal for a directive
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) failure to maintain in good condition devices protecting water, air or soil against pollution, radioactive contamination or ionising radiation;
Amendment 280 #
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Article 3 – paragraph 3 – point e a (new)
(ea) the polluter pays principle should prevail, depending on the nature of the damage identified in the immediate term, but also the expected damage over the longer term.
Amendment 409 #
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 462 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1