Activities of Isabel SANTOS related to 2021/0422(COD)
Shadow opinions (1)
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 (14)
Amendment 152 #
Proposal for a directive
Recital 2
Recital 2
(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 as well as to the human health and, therefore, call for an appropriate and, effective and timely response.
Amendment 183 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) Where the crimes are of such nature that cause a serious damage to the environment, such acts amount to the crime of ecocide, which has been defined as 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. Member States should, therefore, take the necessary measures to introduce in their national legislations a definition of the crime of ecocide.
Amendment 187 #
Proposal for a directive
Recital 21
Recital 21
(21) Member States should define the scope of administrative and criminal law enforcement clearly with regard to environmental offences according to their national law. In the application of national law transposing this Directive, Member States should ensure that the imposition of criminal sanctions and of administrative sanctions respects the principles of the Charter of Fundamental Rights of the European Union, including the prohibitioninciple of ne bis in idem.
Amendment 199 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25 a) The protection of the environment is also carried out by environmental defenders, who play a critical role in mitigating the effects of climate change and fighting against biodiversity loss. For their actions, they face threats, harassment, and violent attacks. Member States have, therefore, an obligation to protect their rights and ensure accountability for such attacks.
Amendment 205 #
Proposal for a directive
Recital 29
Recital 29
(29) To ensure successful enforcement, Member States should make available effective investigative tools for environmental offences such as those which exist in their national law for combating organised crime or other serious crimes. These tools should include among others the interception of communications, covert surveillance including electronic surveillance, controlled deliveries, the monitoring of bank accounts and other financial investigation tools. These tools should be applied in line with the principle of proportionality and in full respect of the Charter of Fundamental Rights of the European Union, including with the right to the respect for private and family life, and the protection of personal data. In accordance with national law, the nature and gravity of the offences under investigation should justify the use of these investigative tools. The right to the protection of personal data must be respected.
Amendment 210 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30 a) Considering the financial relevance and cross-border nature of environmental crimes, the EPPO would be the best placed body for investigating, prosecuting and bringing to judgment the perpetrators of such crimes. To this end, the Commission should produce a report, assessing the possibility to extend its mandate, as provided for in Article 86 (4) TFEU, in order to include serious environmental crimes that are detrimental to the interests of the Union or affect the consistent application of EU policies related to the protection of the environment.
Amendment 269 #
Proposal for a directive
Article 3 – paragraph 1 – point r a (new)
Article 3 – paragraph 1 – point r a (new)
(r a) any other unlawful acts or omissions, committed by natural or legal persons, that cause or are likely to cause a substantial damage to the environment.
Amendment 282 #
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Article 3 – paragraph 3 – point e a (new)
(e a) monetary value of the damage.
Amendment 292 #
Proposal for a directive
Article 3 – paragraph 5 – point d a (new)
Article 3 – paragraph 5 – point d a (new)
(d a) the financial benefit gained by committing the offence.
Amendment 298 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 350 #
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 512% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 351 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
Amendment 353 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 418 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall take the necessary measures to ensure that protection grantedprovide for early warning mechanisms aimed at identifying high risk situations, as well as to ensure protection to natural persons and to their families under Directive (EU) 2019/1937, is applicable toand to legal persons reporting criminal offences referred to in Articles 3 and 4 of this Directive.