BETA

69 Amendments of Cristian TERHEŞ related to 2021/0422(COD)

Amendment 164 #
Proposal for a directive
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.
2022/11/08
Committee: LIBE
Amendment 192 #
Proposal for a directive
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.
2022/11/08
Committee: LIBE
Amendment 194 #
Proposal for a directive
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.
2022/11/08
Committee: LIBE
Amendment 216 #
Proposal for a directive
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;
2022/11/08
Committee: LIBE
Amendment 217 #
Proposal for a directive
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.
2022/11/08
Committee: LIBE
Amendment 218 #
Proposal for a directive
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;deleted
2022/11/08
Committee: LIBE
Amendment 219 #
Proposal for a directive
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;
2022/11/08
Committee: LIBE
Amendment 221 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
(4) ‘public concerned’ means the persons affected or likely to be affected by the offences referred to in Articles 3 or 4. For the purposes of this definition, persons having a sufficient interest or maintaining the impairment of a right as well as non-governmental organisations promoting the protection of the environment and meeting any proportionate requirements under national law shall be deemed to have an interest;deleted
2022/11/08
Committee: LIBE
Amendment 231 #
Proposal for a directive
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;
2022/11/08
Committee: LIBE
Amendment 234 #
Proposal for a directive
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;
2022/11/08
Committee: LIBE
Amendment 235 #
Proposal for a directive
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).
2022/11/08
Committee: LIBE
Amendment 237 #
Proposal for a directive
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:
2022/11/08
Committee: LIBE
Amendment 239 #
Proposal for a directive
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).
2022/11/08
Committee: LIBE
Amendment 242 #
Proposal for a directive
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;
2022/11/08
Committee: LIBE
Amendment 244 #
Proposal for a directive
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).
2022/11/08
Committee: LIBE
Amendment 245 #
Proposal for a directive
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).
2022/11/08
Committee: LIBE
Amendment 248 #
Proposal for a directive
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).
2022/11/08
Committee: LIBE
Amendment 250 #
Proposal for a directive
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).
2022/11/08
Committee: LIBE
Amendment 257 #
Proposal for a directive
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).
2022/11/08
Committee: LIBE
Amendment 263 #
Proposal for a directive
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;
2022/11/08
Committee: LIBE
Amendment 265 #
Proposal for a directive
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).
2022/11/08
Committee: LIBE
Amendment 266 #
Proposal for a directive
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;
2022/11/08
Committee: LIBE
Amendment 267 #
Proposal for a directive
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)
2022/11/08
Committee: LIBE
Amendment 268 #
Proposal for a directive
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).
2022/11/08
Committee: LIBE
Amendment 274 #
Proposal for a directive
Article 3 – paragraph 3
3. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account, where relevant, when assessing whether the damage or likely damage is substantial for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (a) to (e), (i), (j), (k) and (p): (a) the baseline condition of the affected environment; (b) whether the damage is long-lasting, medium term or short term; (c) severity of the damage; (d) spread of the damage; (e) reversibility of the damage.deleted
2022/11/08
Committee: LIBE
Amendment 284 #
Proposal for a directive
Article 3 – paragraph 4
4. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account when assessing whether the activity is likely to cause damage to the quality of air, the quality of soil or the quality of water, or to animals or plants for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (a) to (e), (i), (j), (k) and (p): (a) the conduct relates to an activity which is considered as risky or dangerous, requires an authorisation which was not obtained or complied with; (b) the extent to which the values, parameters or limits set out in legal acts or in an authorisation issued for the activity are exceeded; (c) whether the material or substance is classified as dangerous, hazardous or otherwise listed as harmful to the environment or human health.deleted
2022/11/08
Committee: LIBE
Amendment 286 #
Proposal for a directive
Article 3 – paragraph 5
5. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account when assessing whether the quantity is negligible or non-negligible for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (e), (f), (l), (m), (n): (a) the number of items subject to the offence; (b) the extent to which the regulatory threshold, value or another mandatory parameter is exceeded; (c) the conservation status of the fauna or flora species concerned; (d) the cost of restoration of environmental damage.deleted
2022/11/08
Committee: LIBE
Amendment 302 #
Proposal for a directive
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.
2022/11/08
Committee: LIBE
Amendment 304 #
Proposal for a directive
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.
2022/11/08
Committee: LIBE
Amendment 305 #
Proposal for a directive
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.
2022/11/08
Committee: LIBE
Amendment 308 #
Proposal for a directive
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:
2022/11/08
Committee: LIBE
Amendment 311 #
Proposal for a directive
Article 5 – paragraph 5 – point a
(a) obligation to reinstate the environmentreimbursement of the environment reinstatement costs within a given time period;
2022/11/08
Committee: LIBE
Amendment 315 #
Proposal for a directive
Article 5 – paragraph 5 – point c
(c) temporary or permanent exclusions from access to public funding, including tender procedures, grants and concessions;
2022/11/08
Committee: LIBE
Amendment 316 #
Proposal for a directive
Article 5 – paragraph 5 – point e
(e) withdrawal of permits and authorisatiotemporary bans ton pursueing activities which have resulted in committing the offence;
2022/11/08
Committee: LIBE
Amendment 317 #
Proposal for a directive
Article 5 – paragraph 5 – point f
(f) temporary bans on running for delected or public office;
2022/11/08
Committee: LIBE
Amendment 319 #
Proposal for a directive
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 applideleted.
2022/11/08
Committee: LIBE
Amendment 325 #
Proposal for a directive
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.
2022/11/08
Committee: LIBE
Amendment 327 #
Proposal for a directive
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.
2022/11/08
Committee: LIBE
Amendment 329 #
Proposal for a directive
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:
2022/11/08
Committee: LIBE
Amendment 331 #
Proposal for a directive
Article 7 – paragraph 2 – point a
(a) criminal or non-criminal fines;deleted
2022/11/08
Committee: LIBE
Amendment 334 #
Proposal for a directive
Article 7 – paragraph 2 – point b
(b) the obligation to reinstate the environmentreimbursement of the environment reinstatement costs within a given period;
2022/11/08
Committee: LIBE
Amendment 337 #
Proposal for a directive
Article 7 – paragraph 2 – point c
(c) temporary exclusion from entitlement to public benefits or aid;
2022/11/08
Committee: LIBE
Amendment 339 #
Proposal for a directive
Article 7 – paragraph 2 – point e
(e) temporary or permanent disqualification from the practice of business activities;
2022/11/08
Committee: LIBE
Amendment 340 #
Proposal for a directive
Article 7 – paragraph 2 – point f
(f) withdrawal of permits and authorisations totemporary ban on pursueing activities which have resulted in committing the offence;
2022/11/08
Committee: LIBE
Amendment 341 #
Proposal for a directive
Article 7 – paragraph 2 – point j
(j) obligation of companies to install due diligence schemes for enhancing compliance with environmental standards;deleted
2022/11/08
Committee: LIBE
Amendment 345 #
Proposal for a directive
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.
2022/11/08
Committee: LIBE
Amendment 346 #
Proposal for a directive
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 5% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.deleted
2022/11/08
Committee: LIBE
Amendment 352 #
Proposal for a directive
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) 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.deleted
2022/11/08
Committee: LIBE
Amendment 357 #
Proposal for a directive
Article 7 – paragraph 6
6. Member States shall take measures to ensure that the illegal profits generated from the offence and the annual turnover of the legal person are taken into account when a decision is made on the appropriate level of a fine pursuant to paragraph 1.deleted
2022/11/08
Committee: LIBE
Amendment 359 #
Proposal for a directive
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:
2022/11/08
Committee: LIBE
Amendment 369 #
Proposal for a directive
Article 8 – paragraph 1 – point h
(h) the offender's conduct gives rise to liability for environmental damage but the offender does not fulfil their obligations to take remedial action under Article 6 of Directive 2004/35/EC57 ; _________________ 57 Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56–75).deleted
2022/11/08
Committee: LIBE
Amendment 370 #
Proposal for a directive
Article 8 – paragraph 1 – point i
(i) the offender does not provide assistance to inspection and other enforcement authorities when legally requirdeleted;
2022/11/08
Committee: LIBE
Amendment 371 #
Proposal for a directive
Article 8 – paragraph 1 – point j
(j) the offender actively obstructs inspection, custom controls or investigation activities, or intimidates or interferes with witnesses or complainants.deleted
2022/11/08
Committee: LIBE
Amendment 387 #
Proposal for a directive
Article 11 – paragraph 2
2. Member State shall the take necessary measures to enable the investigation, prosecution, trial and judicial decision: (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 committed, when offences are punishable; (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 committed, when offences are punishable; (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 committed, when offences are punishable.deleted
2022/11/08
Committee: LIBE
Amendment 395 #
Proposal for a directive
Article 11 – paragraph 3
3. By way of derogation from paragraph 2, Member States may establish a limitation period that is shorter than ten years, but not shorter than four years, provided that the period may be interrupted or suspended in the event of specified acts.deleted
2022/11/08
Committee: LIBE
Amendment 396 #
Proposal for a directive
Article 11 – paragraph 4
4. Member States shall take the necessary measures to enable the enforcement of: (a) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least ten years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4, for at least ten years from the date of the final conviction; (b) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least six years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4, for at least six years from the date of the final conviction; (c) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least four years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4, for at least four years from the date of the final conviction. These periods may include extensions of the limitation period arising from interruption or suspension.deleted
2022/11/08
Committee: LIBE
Amendment 402 #
Proposal for a directive
Article 12 – paragraph 1 – point d
(d) the offender is one of its nationals or habitual residents.
2022/11/08
Committee: LIBE
Amendment 411 #
Proposal for a directive
Article 12 – paragraph 2 – point a a (new)
(a a) the offender has his or her habitual residence in its territory;
2022/11/08
Committee: LIBE
Amendment 419 #
Proposal for a directive
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.
2022/11/08
Committee: LIBE
Amendment 423 #
Proposal for a directive
Article 14
Rights for the public concerned to participate in proceedings 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.Article 14 deleted
2022/11/08
Committee: LIBE
Amendment 428 #
Proposal for a directive
Article 15
Member States shall take appropriate action, such as information and awareness-raising campaigns and research and education programmes, to reduce overall environmental criminal offences, raise public awareness anArticle 15 deleted Preduce the risk of population of becoming a victim of an environmental criminal offence. Where appropriate, Member States shall act in cooperation with the relevant stakeholders.vention
2022/11/08
Committee: LIBE
Amendment 432 #
Proposal for a directive
Article 16
Member States shall ensure that national authorities which detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.Article 16 deleted Resources
2022/11/08
Committee: LIBE
Amendment 435 #
Proposal for a directive
Article 17
Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall request those responsible for the training of judges, prosecutors, police, judicial staff and competent authorities’ staff involved in criminal proceedings and investigations to provide at regular intervals specialised training with respect to the objectives of this Directive and appropriate to the functions of the involved staff and authorities.Article 17 deleted Training
2022/11/08
Committee: LIBE
Amendment 442 #
Proposal for a directive
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.
2022/11/08
Committee: LIBE
Amendment 445 #
Proposal for a directive
Article 19 – paragraph 1 – point b
(b) exchange of information for strategic and operational purposes;deleted
2022/11/08
Committee: LIBE
Amendment 446 #
Proposal for a directive
Article 19 – paragraph 1 – point c
(c) consultation in individual investigations;deleted
2022/11/08
Committee: LIBE
Amendment 452 #
Proposal for a directive
Article 20
1. By [OP – please insert the date – within one year after the entry into force of this Directive], Member States shall establish, publish and implement a national strategy on combating environmental criminal offences which as a minimum shall address the following: (a) the objectives and priorities of national policy in this area of offence; (b) the roles and responsibilities of all the competent authorities involved in countering this type of offence; (c) the modes of coordination and cooperation between the competent authorities; (d) the use of administrative and civil law to address infringements related to the offences within the scope of this Directive; (e) the resources needed and how specialisation of enforcement professionals will be supported; (f) the procedures and mechanisms for regular monitoring and evaluation of the results achieved; (g) assistance of European networks working on matters directly relevant to combating environmental offences and related infringements. 2. Member States shall ensure that the strategy is reviewed and updated at regular intervals no longer than 5 years, on a risk-analysis-based-approach, in order to take account of relevant developments and trends and related threats regarding environmental crime.Article 20 deleted National strategy
2022/11/08
Committee: LIBE
Amendment 460 #
Proposal for a directive
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.
2022/11/08
Committee: LIBE
Amendment 465 #
Proposal for a directive
Article 25 – paragraph 2
2. Every two years as of [OP – please insert the date one year after the transposition period is over], Member States shall send the Commission a report within three months which includes a summary about implementation of and actions taken in accordance with Articles 15 to 17, 19 and 20.deleted
2022/11/08
Committee: LIBE