Activities of Sira REGO related to 2021/0422(COD)
Shadow opinions (2)
OPINION 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
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 (25)
Amendment 63 #
Proposal for a directive
Recital 4
Recital 4
(4) The effective investigation, prosecution and adjudication of environmental criminal offences should be improved. The list of environmental criminal offences which were set out in Directive 2008/99/EC should be revised and additional categories of offences based on the most serious breaches of Union environmental law should be added, including the definition of 'ecocide'. Provisions on sanctions should be strengthened in order to enhance their deterrent effect as well as the enforcement chain in charge of detecting, investigating, prosecuting and adjudicating environmental criminal offences.
Amendment 134 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) One of the obstacles to access to criminal justice that has been observed for years is the requirement of bail (sometimes very high) for the exercise of popular action in criminal matters; that requirement runs counter to the spirit of the Aarhus Convention, particularly paragraphs 4 and 5 of Article 9.
Amendment 157 #
Proposal for a directive
Recital 4
Recital 4
(4) The effective investigation, prosecution and adjudication of environmental criminal offences should be improved. The list of environmental criminal offences which were set out in Directive 2008/99/EC should be revised and additional categories of offences based on the most serious breaches of Union environmental law should be added including the definition of "ecocide". Provisions on sanctions should be strengthened in order to enhance their deterrent effect as well as the enforcement chain in charge of detecting, investigating, prosecuting and adjudicating environmental criminal offences.
Amendment 163 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
1a) 'ecocide':any unlawful or arbitrary act perpetrated in the knowledge that there is a substantial likelihood of severe, widespread or long-lasting damage to the environment. For the purposes of this definition: a) 'arbitrary' means a reckless act of ignoring damage that would be manifestly excessive in relation to the expected social or economic advantage; b) 'severe' means damage which causes very serious adverse changes, disruption or flagrant harm to any element of the environment, including serious effects on human life or natural, cultural or economic resources; c) 'widespread' means damage that goes beyond a limited geographical area, transcends state borders or affects an entire ecosystem or species or a large number of human beings; d) 'long-lasting' means damage which is irreversible or which cannot be redressed through natural regeneration within a reasonable period of time; e) 'environment' means the Earth, its biosphere, cryosphere, lithosphere, hydrosphere and atmosphere as well as outer space.
Amendment 170 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 188 #
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
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-negligiblesignificant quantity; _________________ 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).
Amendment 190 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) the shipment of waste, within the meaning of Article 2(35) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council40 when such shipment is undertaken in a non-negligiblesignificant quantity, whether executed in a single shipment or in several shipments which appear to be linked; _________________ 40 Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, (OJ L 190, 12.7.2006, p. 1).
Amendment 201 #
Proposal for a directive
Article 3 – paragraph 1 – point m a (new)
Article 3 – paragraph 1 – point m a (new)
(ma) the use, for hunting or fishing, of poison, explosive means or other instruments or gear that is similarly destructive or non-selective with regard to wildlife, in coherence with the provisions of Article 15 of and Annex VI to the Habitats Directive.
Amendment 201 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26 a) One of the obstacles to access to criminal justice that has been observed for years in the requeriment of bail (sometimes very high) for the excercise of popular action in criminal matters; that requirement runs counter to the spirit of the Aarhus Convention, particularly paragraphs 4 and 5 of article 9.
Amendment 204 #
Proposal for a directive
Article 3 – paragraph 1 – point n a (new)
Article 3 – paragraph 1 – point n a (new)
Amendment 207 #
Proposal for a directive
Article 3 – paragraph 1 – point n b (new)
Article 3 – paragraph 1 – point n b (new)
(nb) The starting of forest fires. If the burned area exceeds 500 ha or is a protected area, as referred to in article (na) with respect to the Natura 2000 network areas, a stronger criminal penalty will be set; Or.
Amendment 215 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1 a 1a) 'ecocide':any unlawful or arbitrary act perpetrated in the knowledge that there is a substantial likelihood of severe, widespread or long-lasting damage to the environment. For the purposes of this definition: a) 'arbitrary' means a reckless act of ignoring damage that would be manifestly excessive in relation to the expected social or economic advantage; b) 'severe' means damage which causes very serious adverse changes, disruption or flagrant harm to any element of the environment, including serious effects on human life or natural, cultural or economic resources; c) 'widespread' means damage that goes beyond a limited geographical area, transcends state borders or affects an entire ecosystem or species or a large number of human beings; d) 'long-lasting' means damage which is irreversible or which cannot be redressed through natural regeneration within a reasonable period of time; e) 'environment' means the Earth, its biosphere, cryosphere, lithosphere, hydrosphere and atmosphere as well as outer space.
Amendment 222 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
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 interestformedin accordance with national law shall be deemed to have an interest; inany case, in line with the objective of providing broad access to justice forthe public concerned, the criteria for the legitimisation of non- governmentalorganisations shall not place an undue burden on such organisations;
Amendment 256 #
Proposal for a directive
Article 3 – paragraph 1 – point m a (new)
Article 3 – paragraph 1 – point m a (new)
(m a) the use, for hunting or fishing, of poison, explosive means or other instruments or gear that is similarly destructive or non-selective with regard to wildlife, in coherence with the provisions of Article 15 of and Annex VI to the Habitats Directive.
Amendment 258 #
Proposal for a directive
Article 3 – paragraph 1 – point n a (new)
Article 3 – paragraph 1 – point n a (new)
(n a) unauthorised development, construction or building work on land intendedfor roads, green areas, public property or sites which are legally oradministratively recognised as having landscape, ecological, artistic,historical or cultural value, or which for the same reasons have been designatedas specially protected, in particular natural and semi- natural areas includedin the Natura 2000 network and protected under EU law.
Amendment 261 #
Proposal for a directive
Article 3 – paragraph 1 – point n b (new)
Article 3 – paragraph 1 – point n b (new)
(n b) The starting of forest fires. If the burned area exceeds 500 ha or is a protected area, as referredto in article (na) with respect to the Natura 2000 network areas, a strongercriminal penalty will be set;
Amendment 297 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the offender restores nature to its previous condition before the sentence is passed;
Amendment 332 #
Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(a a) personal criminal sanctions to management responsible
Amendment 339 #
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. Those rights shall include, as a minimum: a) The right to appear and be a party to the proceedings (without the requirement or need to provide security or bail), b) The right to have access to the proceedings, c) The right to participate in all proceedings and to propose the means of proof deemed appropriate, without losing the right to defence, d) The right to bring charges and request both penalties and civil liability, and specifically, to request full reparation of the environmental damage caused in accordance with the criteria of Directive 2004/35/EC of the European Parliament and of the Council, of 21 April 2004, on environmental liability, e) The right to appeal judicial decisions, In accordance with Article 9 of the Aarhus Convention, the cost of proceedings shall not be prohibitive; Member States shall establish appropriate assistance mechanisms to remove or reduce financial or other obstacles to access to justice, the recognition of the right to free legal aid for environmental NGOs identified as interested persons for their participation in environmental criminal proceedings,
Amendment 348 #
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), (ma), (na), (nb) 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.
Amendment 354 #
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, including the active presence of the prosecution services.
Amendment 372 #
Proposal for a directive
Article 8 – paragraph 1 – point j a (new)
Article 8 – paragraph 1 – point j a (new)
(j a) the affected area exceeds 500 ha or is a protected area, as referred to in article (na) with respect to the Natura 2000 network areas
Amendment 379 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the offender restores nature to its previous condition; before the sentence is passed
Amendment 425 #
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. Those rights shall include, as a minimum: a) The right to appear and be a party to the proceedings (without the requirement or need to provide security or bail), b) The right to have access to the proceedings, c) The right to participate in all proceedings and to propose the means of proof deemed appropriate, without losing the right to defence, d) The right to bring charges and request both penalties and civil liability, and specifically, to request full reparation of the environmental damage caused in accordance with the criteria of Directive 2004/35/EC of the European Parliament and of the Council, of 21 April 2004, on environmental liability, e) The right to appeal judicial decisions, In accordance with Article 9 of the Aarhus Convention, the cost of proceedings shall not be prohibitive; Member States shall establish appropriate assistance mechanisms to remove or reduce financial or other obstacles to access to justice, the recognition of the right to free legal aid for environmental NGOs identified as interested persons for their participation in environmental criminal proceedings,
Amendment 440 #
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, including the active presence of the prosecution services.