BETA

Activities of Jorge BUXADÉ VILLALBA related to 2021/0422(COD)

Shadow reports (1)

2023/03/28
Committee: JURI
Dossiers: 2021/0422(COD)
Documents: PDF(1005 KB) DOC(459 KB)
Authors: [{'name': 'Antonius MANDERS', 'mepid': 4560}]

Amendments (89)

Jorge BUXADÉ VILLALBA

Proposal for a directive
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 mo~~reover increasingly~~st times extending beyond the borders of the Member States in which the offences are committed. Such offences pose a threat to the environment and therefore call for an appropriate and effective response.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Recital 3

(3) The existing systems of penalties under Directive 2008/99/EC of the European Parliament and of the Council20 and environmental sectoral law have not been sufficient in all environmental policy area to achieve compliance with Union law for the protection of the environment. Compliance should be strengthened by the availability of appropriate criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties. _________________ 20 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Recital 6

(6) Member States should provide for appropriate criminal penalties in their national legislation in respect of serious infringements of provisions of Union law concerning protection of the environment. In the framework of the common fisheries policy, Union law provides for comprehensive set of rules for control and enforcement under Regulation (EC) No 1224/200921 and Regulation (EC) No 1005/2008 in case of serious infringements, including those that cause damage to the marine environment. Under this system the Member States have the choice between administrative and/or criminal sanctioning systems. In line with the Communication from the Commission on the European Green Deal22 and the EU Biodiversity Strategy for 203023 , certain intentional unlawful conduct covered under Regulation (EC) No 1224/2009 and Regulation (EC) 1005/200824 should be established as criminal offences. _________________ 21 Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1–153). 22 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS The European Green Deal, COM/2019/640 final. 23 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS EU Biodiversity Strategy for 2030 Bringing nature back into our lives, COM/2020/380 final 24 Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999, (OJ L 286, 29.10.2008, p. 1– 32).

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Recital 7

(7) In order to constitute an environmental offence under this Directive, conduct should be unlawful under Union law protecting the environment or national laws, administrative regulations or decisions giving effect to that Union law. The conduct which constitutes each category of criminal offence should be defined and, where appropriate, a threshold which needs to be met for the conduct to be criminalised should be set. Such conduct should be considered a criminal offence when committed intentionally and, in certain cases, also when committed with serious negligence. Illegal conduct that causes death or serious injury of persons, substantial damage or a considerable risk of substantial damage for the environment or is considered otherwise as particularly harmful to the environment may constitutes a criminal offence when committed with serious negligence. Member States remain free to adopt or maintain more stringent criminal law rules in that area.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Recital 11

(11) Qualitative and quantitative thresholds under Union law used to define environmental criminal offences should be clarified by providing a non-exhaustive list of circumstances which should be taken into account when assessing such thresholds by authorities which investigate, prosecute and adjudicate offences. This should promote the ~~coher~~more efficient application of the Directive and a more ~~effective~~targeted fight against environmental crimes as well as provide for legal certainty. However, such thresholds or their application should not make the investigation, prosecution or adjudication of criminal offences excessively difficult and be in line with the principles of subsidiarity and proportionality.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
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 d~~ealt with in isolation~~isregarded. 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 corruption. 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.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
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. 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 crimi~~under national proceedings, in line with national rules and legislation. 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.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Recital 16

(16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these elements are not already constituent for the criminal offence, these could be considered as aggravating circumstances. Equally, when an environmental criminal offence causes substantial and irreversible or long- lasting damage to an entire ecosystem, this shcould be an aggravating circumstance because of its severity, including in cases comparable to ecocide. As the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals, these should be taken into account when determining the appropriate level of sanctioning in the individual case.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Recital 22

(22) Furthermore, judicial and administrative authorities in the Member States should have at their disposal ~~a range of criminal~~the necessary and appropriate range of sanctions and other measures to address different types of criminal behaviour in a tailored and effective manner.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Recital 29

(29) To ensure successful enforcement, Member States should, where appropriate, 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. 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.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a

(a) Union legislation, which i~~rrespective of~~n accordance with its legal basis contributes to the pursuit of those objectives of Union policy of protecting the environment as set out in the Treaty on the Functioning of the European Union;

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

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) in accordance with the principle of subsidiarity.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 2 – paragraph 1 – point 3

3) ‘legal person’ means any legal entity having such status under the applicable national law~~, except for States or public bodies exercising State authority and for public international organisations~~;

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 2 – paragraph 1 – point 3

3) ‘legal person’ means any legal entity having such status under the applicable national law, ~~except for~~including States or public bodies exercising State authority ~~and for~~, public international organisations, non- governmental organisations, political parties and trade unions;

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 3 – paragraph 1 – introductory part

1. Member States shall ensure that the following conduct constitutes a criminal offence when it is unlawful and committed intentionally if this is possible under their respective legal systems:

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

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 a~~n assessment with regard to their effects on the environ~~ duly regulated prior assessment, which causes or is likely to cause substantial damage to the factors defined in Article 3(1) of Directive 2011/92/EU; _________________ 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).

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
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- negligible 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).deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

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; _________________ 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).deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

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 in deterioration in the quality of water; all such penalties shall be applied only in a manner consistent with Article 230 of the 1982 United Nations Convention on the Law of the Sea; _________________ 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).

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

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).deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

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).deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 3 – paragraph 1 – point l

(l) the killing, destruction, taking of, possession, sale or offering for sale of a specimen or specimens of wild fauna or flora species listed in Annexes IV and V (when species in Annex V are subject to the same measures as those adopted for species in Annex IV) to Council Directive 92/43/EEC49 and the species referred to in Article 1 of Directive 2009/147/EC of the European Parliament and of the Council50, except for cases where the conduct concerns a negligible quantity of such specimens; _________________ 49 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7–50). 50 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25).deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 3 – paragraph 1 – point m

(m) trading in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A and B to Council Regulation (EC) No 338/9751, except for cases where the conduct concerns a negligible quantity of such specimens; _________________ 51 Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, p. 1).deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

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; _________________ 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).deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

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. _________________ 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).deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 3 – paragraph 2

2. Member States shall ensure that the conduct referred to in paragraph 1, points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (m), (n), (p) (ii), (q), (r) also constitutes a criminal offence, when committed with at least serious negligence. with regard to the offences referred to in Article 3(1)(a) in the context of shipping, and (h), this article shall apply only in a manner consistent with Article 230 of the 1982 United Nations Convention on the Law of the Sea and with the obligations of Member States under the International Convention for the Prevention of Pollution from Ships (MARPOL).

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ensure that inciting, and aiding and abetting the commission of any of the criminal offences referred to in Article 3(1) are punishable as ~~criminal offences~~they deem appropriate, in accordance with national criminal law.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall take the necessary measures to ensure that an attempt to commit any of the criminal offences referred to in Article 3 (1) points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (m), (n), (p) (ii), (q), (r) when committed intentionally is punishable ~~as a criminal offence~~.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 5 – paragraph 1

1. Member States ~~shall take th~~may take necessary measures to ensure that the offences referred to in Articles 3 and 4 are punishable by effective, proportionate and dissuasive ~~criminal~~ penalties.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 5 – paragraph 2

2. Member States ~~shall~~may take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least ten years if they cause or are likely to cause death or serious injury to any person.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

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 six years. with regard to the offences referred to in Article 3(1)(a) in the context of shipping, and (h), this article shall apply only in a manner consistent with international law and, in particular, with Article 230 of the 1982 United Nations Convention on the Law of the Sea.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 5 – paragraph 3

3. Member States ~~shall~~may 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 six years.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 5 – paragraph 4

4. Member States ~~shall~~may 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 four years.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

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 shall include: the national provisions that may apply to them.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 5 – paragraph 5 – introductory part

5. Member States ~~shall~~may 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 shall include:

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 5 – paragraph 5 – point a

~~(a) the obligation to reinstate the environment within a given period;~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 5 – paragraph 5 – point b

~~(b) fines;~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

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;~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 5 – paragraph 5 – point d

~~(d) disqualification from directing establishments of the type used for committing the offence;~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 5 – paragraph 5 – point e

~~(e) withdrawal of permits and authorisations to pursue activities which have resulted in committing the offence;~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 5 – paragraph 5 – point f

~~(f) temporary bans on running for~~ delected ~~or public office;~~

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

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 appli~~deleted.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 6 – paragraph 1 – introductory part

1. Member States shall ensure that legal persons can be held liable for offences referred to in Articles 3 and 4 where such offences have been committed for their benefit by any person who has ~~a leading position within the legal person~~committed such an offence, acting either individually or as part of an organ of the legal person~~, based on:~~;

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 6 – paragraph 1 – point a

~~(a) a power of representation of the legal person;~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 6 – paragraph 1 – point b

~~(b) an authority to take decisions on behalf of the legal person;~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 6 – paragraph 1 – point c

~~(c) an authority to exercise control within the legal person.~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 6 – paragraph 3

3. Liability of legal persons under paragraphs 1 ~~and 2~~ shall not exclude criminal proceedings against natural persons who are perpetrators, inciters or accessories in the offences referred to in Articles 3 and 4.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 7 – paragraph 1

1. Member States ~~shall take the~~ may take necessary measures to ensure that a legal person held liable pursuant to Article 6(1) is punishable by effective, proportionate and dissuasive sanctions.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 7 – paragraph 2 – point a

~~(a) criminal or non-criminal fines;~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 7 – paragraph 2 – point b

~~(b) the obligation to reinstate the environment within a given period;~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 7 – paragraph 2 – point c

~~(c) exclusion from entitlement to public benefits or aid;~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 7 – paragraph 2 – point d

~~(d) temporary exclusion from access to public funding, including tender procedures, grants and concessions;~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 7 – paragraph 2 – point e

~~(e) temporary or permanent disqualification from the practice of business activities;~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 7 – paragraph 2 – point f

~~(f) withdrawal of permits and authorisations to pursue activities which have resulted in committing the offence;~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 7 – paragraph 2 – point g

~~(g) placing under judicial supervision;~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 7 – paragraph 2 – point h

~~(h) judicial winding-up;~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 7 – paragraph 2 – point i

~~(i) temporary or permanent closure of establishments used for committing the offence;~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

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

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 7 – paragraph 2 – point k

~~(k) publication of the judicial decision relating to the conviction or any sanctions or measures appli~~deleted.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 7 – paragraph 3

3. Member States ~~shall~~may take the necessary measures to ensure that a legal person held liable pursuant to Article 6(2) is punishable by sanctions or measures, which are effective, proportionate and dissuasive.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 7 – paragraph 4

4. Member States ~~shall~~may 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.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 7 – paragraph 5

5. Member States ~~shall~~may 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.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 7 – paragraph 6

6. Member States ~~shall~~may 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.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

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~~may take the necessary measures to ensure that, in relation to the relevant offences referred to in Articles 3 and 4, the following circumstances may be regarded as aggravating circumstances:

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 8 – paragraph 1 – point f

~~(f) the offender committed similar previous infringements of environmental law;~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 9 – paragraph 1 – introductory part

Member States ~~shall~~may take the necessary measures to ensure that, in relation to the relevant offences referred to in Articles 3 and 4, the following circumstances may be regarded as mitigating circumstances:

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 9 – paragraph 1 – point b a (new)

(ba) the offender was unaware of the damage caused, or the damage was not caused on purpose.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 10 – paragraph 1

Member States ~~shall~~may take the necessary measures to ensure, as appropriate, that their competent authorities may freeze or confiscate, in accordance with Directive 2014/42/EU of the European Parliament and of the Council58, the proceeds derived from and instrumentalities used or intended to be used in the commission or contribution to the commission of the offences as referred to in this Directive. _________________ 58 Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ L 127, 29.4.2014, p. 39).

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 11 – paragraph 2 – introductory part

2. Member State ~~shall th~~may take takhe necessary measures to enable the investigation, prosecution, trial and judicial decision:

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 11 – paragraph 2 – point a

(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;deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 11 – paragraph 2 – point b

(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;deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 11 – paragraph 2 – point c

(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

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

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.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

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

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 12 – paragraph 1 – introductory part

1. Each Member State ~~shall~~may take the necessary measures to establish its jurisdiction over the offences referred to in Articles 3 and 4 where:

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 12 – paragraph 2

2. A Member State shall inform the Commission where it decides to extend its jurisdiction to offences referred to in Articles 3 and 4 which have been committed outside its territory, where: (a) the offence is committed for the benefit of a legal person established on its territory; (b) the offence is committed against one of its nationals or its habitual residents; (c) the offence has created a severe risk for the environment on its territory. Where an offence referred to in Articles 3 and 4 falls within the jurisdiction of more than one Member State, these Member States shall cooperate to determine which Member State shall conduct criminal proceedings. The matter shall, where appropriate and in accordance with Article 12 of Council Framework Decision 2009/948/JHA59, be referred to Eurojust. _________________ 59 Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328, 15.12.2009, p. 42).deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 14

14 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 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 aArticle 14 deleted civil party.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 15 – paragraph 1

Member States ~~shall~~may take appropriate action, such as information and awareness- raising campaigns and research and education programmes, to reduce overall environmental criminal offences, raise public awareness and reduce 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.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 16 – paragraph 1

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.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 17

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 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 andArticle 17 deleted 17 Without prejudice to judicial independence and differences in the authorities.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 18 – paragraph 1

Member States shall take the necessary and appropriate 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.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

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

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 21 – paragraph 1

1. Member States ~~shall~~may collect statistical data to monitor the effectiveness of their systems to combat environmental criminal offences.

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 21 – paragraph 2 – introductory part

2. The statistical data referred to in paragraph 1 ~~shall~~may include ~~at least~~ the following:

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 21 – paragraph 2 – point a a (new)

(aa) the nationality of the offender, specifically if the offender is not a national of the country in which the offence was committed;

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 21 – paragraph 4

~~4. Member States shall annually transmit to the Commission the statistical data referred to in paragraph 2 in a standard format established in accordance with Article 22.~~deleted

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 22

1. The Commission shall be empowered to adopt implementing acts establishing the standard format for data transmission referred to in Article 21(4). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 23(2). 2. For the purposes of the transmission of statistical data, the standard format shall contain the following elements: (a) a common classification of environmental crimes; (b) a common understanding of counting units; (c) a common understanding of procedural stages (investigation, prosecution, trial) in environmental crime proceedings; (d) a common reporting format.Article 22 deleted Implementing powers

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 23

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 3. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.Article 23 deleted Committee procedure

2022/11/11
Committee: JURI

Jorge BUXADÉ VILLALBA

Proposal for a directive
Article 24 – paragraph 1

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [OP – please insert the date – within 1824 months after entry into force of the Directive]. They shall immediately inform the Commission thereof. The methods of making such reference shall be laid down by Member States.

2022/11/11
Committee: JURI