Activities of Antoni COMÍN I OLIVERES 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 and replacing Directive 2008/99/EC
Amendments (172)
Amendment 53 #
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, entail habitat damage and biodiversity loss, amplify climate change, threaten the sustainable livelihood of vulnerable populations, create public health risks and therefore call for an appropriate and effective response.
Amendment 58 #
Proposal for a directive
Recital 3
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 criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties and increase deterrence. _________________ 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).
Amendment 70 #
Proposal for a directive
Recital 6
Recital 6
(6) Member States should provide for 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 coveredall conducts deemed to be serious infringements 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).
Amendment 72 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) The establishment of the offence of ecocide would ensure a broad and reinforced prosecution of any action that causes irreversible destruction or long- lasting substantial damage to an ecosystem with knowledge that there was a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by these actions. Such broad and reinforced prosecution should ensure that these kind of acts, which cause extremely grave damage to the environment and are carried out at least with dolus eventualis, are prosecuted and tried without any statute of limitation.
Amendment 73 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6 b) Acts established as criminal offences under this Directive can often be carried out by EU citizens or legal persons established in the EU in third countries where such conducts might not be established as criminal offences or where law enforcement tools are weak. Therefore, jurisdiction of Member States regarding criminal acts against the environment should be extended to third countries where the offender is an EU citizen or a legal person established in the EU in order to avoid impunity of such acts.
Amendment 74 #
Proposal for a directive
Recital 7
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, or under a third state national law when the conduct is carried out by an EU citizen or a legal person established in the EU. 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 committedor 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 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.
Amendment 77 #
Proposal for a directive
Recital 8
Recital 8
(8) A conduct should be considered unlawful also when it is carried out under an authorisation by a competent authority in a Member State, or a third country where the conduct is carried out by an EU citizen or a legal person established in the EU, if such authorisation was obtained fraudulently, or by corruption, extortion or coercion. Moreover, operators should take the necessary steps to comply with the legislative, regulatory and administrative provisions concerning the protection of environment applicable when they carry out the respective activity, including by complying with their obligations, as laid down in applicable EU and national laws, in procedures governing amendments or updates to existing authorisations.
Amendment 94 #
Proposal for a directive
Recital 12
Recital 12
(12) In criminal proceedings and trials, due account should be taken of the involvement of organised criminal groups operating in ways that negatively impact the environment. Criminal proceedings should address corruption, money laundering, cyber-crime and document fraud and – in relation to business activities – the intention of the offender to maximise profits or save expenses, where these occur in the context of environmental crime. These crime forms are often interconnected with serious environmental crime forms and should therefore not be dealt with in isolation. In this respect, it is of particular concern that some environmental crimes are committed with the tolerance or active support of the competent administrations or officials performing his/her public duty. In certain cases this can even take the form, which is often obtained by means 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.
Amendment 97 #
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, entail habitat damage and biodiversity loss, amplify climate change, threaten the sustainable livelihood of vulnerable populations in developing countries, create public health risks and therefore call for an appropriate and effective response.
Amendment 98 #
Proposal for a directive
Recital 3
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 criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties and increase deterrence. _________________ 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).
Amendment 98 #
Proposal for a directive
Recital 13
Recital 13
(13) Inciting, and aiding and abetting the criminal offences committed intentionally should also be punishable. An attempt to commit a criminal offence that causes death or serious injury of a person, substantial damage to the environment or is likely to cause substantial damage to the environment or is otherwise considered particularly harmful should also constitute a criminal offence when committed intentionally or with serious negligence.
Amendment 99 #
Proposal for a directive
Recital 6
Recital 6
(6) Member States should provide for 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 coveredall conducts deemed to be serious infringements 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).
Amendment 101 #
(6a) Acts established as criminal offences in this Directive can often be carried out by EU citizens or legal persons established in the EU in third countries where such conducts might not established as criminal offences or where law enforcement tools are weak. Therefore, jurisdiction of Member States regarding criminal acts against the environment contained in this Directive should be extended to third countries where the offender is an EU citizen or a legal person established in the EU in order to avoid impunity of such acts.
Amendment 102 #
Proposal for a directive
Recital 7
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 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.
Amendment 104 #
Proposal for a directive
Recital 12
Recital 12
(12) In criminal proceedings and trials, due account should be taken of the involvement of organised criminal groups operating in ways that negatively impact the environment. Criminal proceedings should address corruption, money laundering, cyber-crime and document fraud and – in relation to business activities – the intention of the offender to maximise profits or save expenses, where these occur in the context of environmental crime. These crime forms are often interconnected with serious environmental crime forms and should therefore not be dealt with in isolation. In this respect, it is of particular concern that some environmental crimes are committed with the tolerance or active support of the competent administrations or officials performing his/her public duty. In certain cases this can even take the form, which is often obtained by means 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 or, especially in developing countries, promoting prosecution of environmental defenders who act against environmental crime.
Amendment 106 #
Proposal for a directive
Recital 16
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 should 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 and often fuel organised crime, these should be taken into account when determining the appropriate level of sanctioning in the individual case.
Amendment 106 #
Proposal for a directive
Recital 16
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. EquallyOn the other hand, when an environmental criminal offence causes substantial and irreversible or long- lasting damage to an entire ecosystem, this should be an aggravating circumstance because of its severity, including in cases comparable toestablished as a crime of ecocide. As the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals and often fuel organised crime, these should be taken into account when determining the appropriate level of sanctioning in the individual case.
Amendment 109 #
Proposal for a directive
Recital 20
Recital 20
(20) The obligations in this Directive to provide for criminal penalties should not exempt Member States from the obligation to provide for effective, proportionate and dissuasive administrative sanctions and other measures in national law for breaches established in Union environmental legislation.
Amendment 110 #
Proposal for a directive
Recital 23
Recital 23
(23) Given, in particular, the mobility of perpetrators of illegal conduct covered by this Directive, together with the cross- border nature of offences and the possibility of cross-border investigations, including conducts carried out in third countries, Member States should establish jurisdiction in order to counter such conduct effectively.
Amendment 114 #
Proposal for a directive
Recital 32
Recital 32
(32) To effectively tackle the criminal offences referred to in this Directive, it is necessary that competent authorities in the Member States collect accurate, consistent and comparable data on the scale of and trends in environmental offences and the efforts to combat them and their results. These data should be used for preparing statistics to serve the operational and strategic planning of enforcement activities as well as for providing information to citizens. Member States should collect and report to the Commission relevant statistical data on environmental offences. The Commission should regularannually assess and publish the results based on the data transmitted by the Member States.
Amendment 115 #
Proposal for a directive
Recital 20
Recital 20
(20) The obligations in this Directive to provide for criminal penalties should not exempt Member States from the obligation to provide for effective, dissuasive and proportionate administrative sanctions and other measures in national law for breaches established in Union environmental legislation.
Amendment 117 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – paragraph 1
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, or in a third state where the conduct was carried out by an EU citizen or a legal person established in the EU, when the authorisation was obtained fraudulently or by corruption, extortion or coercion;
Amendment 119 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
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 or with serious negligence:
Amendment 120 #
Proposal for a directive
Article 3 – paragraph 1 – point h
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; _________________ 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).
Amendment 122 #
Proposal for a directive
Recital 23
Recital 23
(23) Given, in particular, the mobility of perpetrators of illegal conduct covered by this Directive, together with the cross- border nature of offences and the possibility of cross-border investigations, including actions carried out in third states, Member States should establish jurisdiction in order to counter such conduct effectively.
Amendment 124 #
Proposal for a directive
Article 3 – paragraph 1 – point p – point ii
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 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;
Amendment 125 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 126 #
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Article 3 – paragraph 3 – point e a (new)
(ea) monetary value of the damage;
Amendment 127 #
Proposal for a directive
Article 3 – paragraph 3 – point e b (new)
Article 3 – paragraph 3 – point e b (new)
(eb) conservation status of the species affected by the damage;
Amendment 128 #
Proposal for a directive
Article 3 – paragraph 5 – point d a (new)
Article 3 – paragraph 5 – point d a (new)
(da) the commission of the offence by a criminal organization within the meaning of Council Framework Decision 2008/841/JHA;
Amendment 129 #
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, entail habitat damage and biodiversity loss, amplify climate change, threaten the sustainable livelihood of vulnerable populations, create public health risks, and therefore call for an appropriate and effective response.
Amendment 130 #
Proposal for a directive
Article 4 – paragraph 2
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 or with serious negligence is punishable as a criminal offence.
Amendment 132 #
Proposal for a directive
Article 5 – paragraph 2
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 tfifteen years if they cause or are likely to cause death or serious injury to any person.
Amendment 133 #
Proposal for a directive
Article 5 – paragraph 3
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 sixten years.
Amendment 134 #
Proposal for a directive
Recital 3
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 criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties and increase deterrence. _________________ 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).
Amendment 134 #
Proposal for a directive
Article 5 – paragraph 4
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 foursix years.
Amendment 135 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Member States shall take the necessary measures to ensure that the offences of ecocide established in article 3a are punishable by a maximum term of imprisonment of at least 15 years.
Amendment 136 #
Proposal for a directive
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
(b) fines, which shall be proportional to the damage caused by the offence;
Amendment 137 #
Proposal for a directive
Article 5 – paragraph 5 – point e a (new)
Article 5 – paragraph 5 – point e a (new)
(ea) bans to pursue activities which have resulted in committing the offence;
Amendment 138 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall also ensure that legal persons can be held liable where the lack of supervision or control throughout its entire supply chain 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.
Amendment 143 #
Proposal for a directive
Recital 6
Recital 6
(6) Member States should provide for 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 coveredall conducts deemed to be serious infringements 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).
Amendment 144 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The establishment of the offence of ecocide would ensure a broad and reinforced prosecution of any action that causes irreversible destruction or long- lasting substantial damage to an ecosystem with knowledge that there was a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by these actions. Such broad and reinforced prosecution should ensure that these kinds of acts, which cause extremely grave damage to the environment and are carried out with dolus eventualis, are prosecuted regardless of their specific inclusion on the list contained in Article 3(1) and are punished by penalties which are equivalent to those imposed upon when the act causes the death or serious injury of a person.
Amendment 145 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Acts established as criminal offences in this Directive can often be carried out by EU citizens or legal persons established in the EU in third countries where such conducts might not be established as criminal offences or where law enforcement tools are weak. Therefore, jurisdiction of Member States regarding criminal acts against the environment contained in this Directive should be extended to third countries where the offender is an EU citizen or a legal person established in the EU in order to avoid impunity of such acts.
Amendment 146 #
Proposal for a directive
Recital 7
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 constitutes a criminal offence when committedor with serious negligence. Member States remain free to adopt or maintain more stringent criminal law rules in that area.
Amendment 148 #
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) the offence damaged a legally protected area in a third country;
Amendment 150 #
Proposal for a directive
Recital 8
Recital 8
(8) A conduct should be considered unlawful also when it is carried out under an authorisation by a competent authority in a Member State, or a third country when the conduct is carried out by an EU citizen or a legal person established in the EU, if such authorisation was obtained fraudulently, or by corruption, extortion or coercion. Moreover, operators should take the necessary steps to comply with the legislative, regulatory and administrative provisions concerning the protection of environment applicable when they carry out the respective activity, including by complying with their obligations, as laid down in applicable EU and national laws, in procedures governing amendments or updates to existing authorisations.
Amendment 150 #
Proposal for a directive
Article 8 – paragraph 1 – point f a (new)
Article 8 – paragraph 1 – point f a (new)
(fa) the offense converges with other crimes;
Amendment 153 #
Proposal for a directive
Recital 32
Recital 32
(32) To effectively tackle the criminal offences referred to in this Directive, it is necessary that competent authorities in the Member States collect accurate, consistent and comparable data on the scale of and trends in environmental offences and the efforts to combat them and their results. These data should be used for preparing statistics to serve the operational and strategic planning of enforcement activities as well as for providing information to citizens. Member States should collect and report to the Commission relevant statistical data on environmental offences. The Commission should regularannually assess and publish the results based on the data transmitted by the Member States.
Amendment 159 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States shall take the necessary measures to ensure that the limitation period of criminal offences referred to in Articles 3 and 4 does not commence until the concrete scope of the damage to the environment has been fully established by appropriate scientific means.
Amendment 160 #
Proposal for a directive
Article 11 – paragraph 2 – point a
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 tfifteen years of imprisonment, for a period of at least tfifteen years from the time when the offence was committed, when offences are punishable;
Amendment 161 #
Proposal for a directive
Article 11 – paragraph 2 – point b
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 sixten years of imprisonment, for a period of at least sixten years from the time when the offence was committed, when offences are punishable;
Amendment 162 #
Proposal for a directive
Article 11 – paragraph 2 – point c
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 foursix years of imprisonment, for a period of at least foursix years from the time when the offence was committed, when offences are punishable.
Amendment 162 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – paragraph 1
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, or in a third state where the conduct was carried out by an EU citizen or a legal person established in the EU, when the authorisation was obtained fraudulently or by corruption, extortion or coercion;
Amendment 163 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 164 #
Proposal for a directive
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least tfifteen years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4, for at least tfifteen years from the date of the final conviction;
Amendment 164 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) "severe" means damage which involves very serious adverse changes, disruption or harm to any element of the environment, including great impacts on human life or natural, cultural or economic resources;
Amendment 165 #
Proposal for a directive
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
(b) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least sixten years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4, for at least sixten years from the date of the final conviction;
Amendment 165 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) "widespread" means damage which extends beyond a limited geographic area, crosses state boundaries, or is suffered by an entire ecosystem or species or a large number of human beings;
Amendment 166 #
Proposal for a directive
Recital 12
Recital 12
(12) In criminal proceedings and trials, due account should be taken of the involvement of organised criminal groups operating in ways that negatively impact the environment. Criminal proceedings should address corruption, money laundering, cyber-crime and document fraud and – in relation to business activities – the intention of the offender to maximise profits or save expenses, where these occur in the context of environmental crime. These crime forms are often interconnected with serious environmental crime forms and should therefore not be dealt with in isolation. In this respect, it is of particular concern that some environmental crimes are committed with the tolerance or active support of the competent administrations or officials performing his/her public duty. In certain cases this can even take the form, which often is obtained by means 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 or, especially in developing countries, promoting prosecution of environmental defenders who act against projects that may constitute an environmental crime.
Amendment 166 #
Proposal for a directive
Article 11 – paragraph 4 – point c
Article 11 – paragraph 4 – point c
(c) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least foursix years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4, for at least foursix years from the date of the final conviction.
Amendment 166 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 c (new)
Article 2 – paragraph 1 – point 1 c (new)
(1 c) "environment" means the earth, its biosphere, cryosphere, lithosphere, hydrosphere and atmosphere, as well as outerspace;
Amendment 167 #
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) the offender is one of its nationals or habitual residents, regardless of whether the offence takes place in an EU Member State or a third country.
Amendment 169 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘legal person’ means any legal entity having such status under the applicable national law, except forincluding States or public bodies exercising State authority and for public international organisations;
Amendment 172 #
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 or as a private prosecution.
Amendment 174 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall take appropriate action, such as preventive law enforcement tools, 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.
Amendment 175 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall ensure that national authorities which prevent, 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.
Amendment 175 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
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 or with serious negligence:
Amendment 176 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
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, especially in the case of environmental crime committed within the framework of criminal organizations, with respect to the objectives of this Directive and appropriate to the functions of the involved staff and authorities.
Amendment 177 #
Proposal for a directive
Recital 16
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 offenceOn the other hand, when any act causes substantial and irreversible or long- lasting damage to an entire ecosystem, this should be an aggravating circumstance because of its severity, including in cases comparable to ecocideestablished as a separate criminal offence of ecocide, which should be prosecuted regardless of its specific inclusion in Article 3(1) and should be punished with the same penalties imposed upon to criminal offences listed in Article 3 (1) that cause the death or serious injury of a person. As the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals and often fuel criminal organisations, these should be taken into account when determining the appropriate level of sanctioning in the individual case.
Amendment 178 #
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, cybercrime, financial crime or other serious crime cases, are also available for investigating or prosecuting offences referred to in Articles 3 and 4.
Amendment 180 #
Proposal for a directive
Article 21 – paragraph 5
Article 21 – paragraph 5
5. The Commission shall regularannually publish a report based on the statistical data transmitted by the Member States. The report shall be published for the first time three years after the standard format referred to in Article 22 has been determined.
Amendment 189 #
Proposal for a directive
Recital 20
Recital 20
(20) The obligations in this Directive to provide for criminal penalties should not exempt Member States from the obligation to provide for effective, proportionate and dissuasive administrative sanctions and other measures in national law for breaches established in Union environmental legislation.
Amendment 191 #
Proposal for a directive
Article 3 – paragraph 1 – point h
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; _________________ 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).
Amendment 198 #
(23) Given, in particular, the mobility of perpetrators of illegal conduct covered by this Directive, together with the cross- border nature of offences and the possibility of cross-border investigations, including conducts carried out in third states, Member States should establish jurisdiction in order to counter such conduct effectively.
Amendment 200 #
Proposal for a directive
Article 3 – paragraph 1 – point m
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, B and BC 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).
Amendment 213 #
Proposal for a directive
Article 3 – paragraph 1 – point p – point ii
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 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;
Amendment 215 #
Proposal for a directive
Article 3 – paragraph 1 – point p – point ii a (new)
Article 3 – paragraph 1 – point p – point ii a (new)
(ii a) The conduct 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;
Amendment 217 #
Proposal for a directive
Article 3 – paragraph 1 – point r a (new)
Article 3 – paragraph 1 – point r a (new)
(r a) serious acts of illegal, unreported and unregulated fishing, as defined in Article 42 of Regulation (EC) No 1005/2008 and Article 90 of Regulation (EC) No 1224/2009.
Amendment 219 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. Member States shall tipify as "ecocide" any action that causes destruction or irreversible or long-lasting substantial damage to an ecosystem with knowledge that there was a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by this action.
Amendment 220 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 224 #
Proposal for a directive
Recital 32
Recital 32
(32) To effectively tackle the criminal offences referred to in this Directive, it is necessary that competent authorities in the Member States collect accurate, consistent and comparable data on the scale of and trends in environmental offences and the efforts to combat them and their results. These data should be used for preparing statistics to serve the operational and strategic planning of enforcement activities as well as for providing information to citizens. Member States should collect and report to the Commission relevant statistical data on environmental offences. The Commission should regularannually assess and publish the results based on the data transmitted by the Member States.
Amendment 226 #
(e a) monetary value of the damage;
Amendment 228 #
Proposal for a directive
Article 3 – paragraph 3 – point e b (new)
Article 3 – paragraph 3 – point e b (new)
(e b) conservation status of the species affected by the damage.
Amendment 234 #
Proposal for a directive
Article 3 – paragraph 5 – point d a (new)
Article 3 – paragraph 5 – point d a (new)
(d a) the commission of the offense in the framework of a criminal organization within the meaning of Council Framework Decision 2008/841/JHA.
Amendment 240 #
Proposal for a directive
Article 4 – paragraph 1
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) and Article 3(1a) are punishable as criminal offences.
Amendment 241 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – paragraph 1
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, or in a third state where the conduct was carried out by an EU citizen or a legal person established in the EU, when the authorisation was obtained fraudulently or by corruption, extortion or coercion;
Amendment 243 #
Proposal for a directive
Article 4 – paragraph 2
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 or with serious negligence is punishable as a criminal offence.
Amendment 248 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) are punishable by a maximum term of imprisonment of at least tfifteen years if they cause or are likely to cause death or serious injury to any person.
Amendment 249 #
Proposal for a directive
Article 5 – paragraph 3
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 sixten years.
Amendment 250 #
Proposal for a directive
Article 5 – paragraph 4
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 foursix years.
Amendment 252 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1a) are punishable by a maximum term of imprisonment of at least 15 years.
Amendment 260 #
Proposal for a directive
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
(b) fines, which shall be proportional to the damage done;
Amendment 261 #
Proposal for a directive
Article 5 – paragraph 5 – point e a (new)
Article 5 – paragraph 5 – point e a (new)
(e a) bans to pursue activities which have resulted in committing the offence;
Amendment 274 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 277 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
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 or with serious negligence:
Amendment 279 #
Proposal for a directive
Article 7 – paragraph 5
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 310% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 281 #
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5 a. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1a) are punishable by fines, the maximum limit of which shall be not less than 25% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 286 #
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(b a) The offense damaged a legally protected area in a third country;
Amendment 288 #
Proposal for a directive
Article 8 – paragraph 1 – point f a (new)
Article 8 – paragraph 1 – point f a (new)
(f a) the offense converges with other crimes.
Amendment 301 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. Member States shall take the necessary measures to ensure that the limitation period of criminal offences referred to in Articles 3 and 4 does not commence until the scope of the damage to the environment has been fully measured by appropriate scientific means.
Amendment 304 #
Proposal for a directive
Article 11 – paragraph 2 – point a
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 tfifteen years of imprisonment, for a period of at least ten years from the time when the offence was committed, when offences are punishable;
Amendment 305 #
Proposal for a directive
Article 11 – paragraph 2 – point a
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 tfifteen years of imprisonment, for a period of at least tfifteen years from the time when the offence was committed, when offences are punishable;
Amendment 307 #
Proposal for a directive
Article 11 – paragraph 2 – point b
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 sixten years of imprisonment, for a period of at least sixten years from the time when the offence was committed, when offences are punishable;
Amendment 309 #
Proposal for a directive
Article 11 – paragraph 2 – point c
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 foursix years of imprisonment, for a period of at least foursix years from the time when the offence was committed, when offences are punishable.
Amendment 310 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. Member States shall take the necessary measures to ensure that the investigation, prosecution, trial and judicial adjudication of the criminal offence established in Article 3(1a) is not subject to any limitation period.
Amendment 311 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 313 #
Proposal for a directive
Article 3 – paragraph 1 – point h
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; _________________ 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).
Amendment 313 #
Proposal for a directive
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least tfifteen years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4, for at least tfifteen years from the date of the final conviction;
Amendment 315 #
Proposal for a directive
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
(b) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least sixten years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4, for at least sixten years from the date of the final conviction;
Amendment 316 #
Proposal for a directive
Article 11 – paragraph 4 – point c
Article 11 – paragraph 4 – point c
(c) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least foursix years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4, for at least foursix years from the date of the final conviction.
Amendment 317 #
4 a. Member States shall take the necessary measures to enable the enforcement of a penalty of imprisonment in the case of a criminal offence referred to in Article 3(1a) without any limitation period.
Amendment 318 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Each Member State shall take the necessary measures to establish its jurisdiction over the offences referred to in Articles 3, 3(1a) and 4 where:
Amendment 321 #
Proposal for a directive
Article 12 – paragraph 1 – point d a (new)
Article 12 – paragraph 1 – point d a (new)
(d a) the offence was committed for the benefit of a legal person established on its territory;
Amendment 322 #
Proposal for a directive
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. A Member State shall inform the Commission where it decidesensure to extend its jurisdiction to offences referred to in Articles 3, 3(1a) and 4 which have been committed outside its territory, where:
Amendment 325 #
Proposal for a directive
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) the offence has created a severe risk for the environment or for the biodiversity on its territory.
Amendment 336 #
Proposal for a directive
Article 3 – paragraph 1 – point m
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, B and BC 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).
Amendment 341 #
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 or as a private prosecution.
Amendment 348 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall take appropriate action, such as preventive law enforcement tools, 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.
Amendment 350 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall ensure that national authorities which prevent, 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.
Amendment 351 #
Proposal for a directive
Article 3 – paragraph 1 – point p – point ii
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 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;
Amendment 351 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
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, especially in the cases of environmental crime committed within the framework of criminal organizations, with respect to the objectives of this Directive and appropriate to the functions of the involved staff and authorities.
Amendment 355 #
Proposal for a directive
Article 3 – paragraph 1 – point p – point ii a (new)
Article 3 – paragraph 1 – point p – point ii a (new)
(iia) The conduct 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;
Amendment 355 #
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, cybercrime, financial crime or other serious crime cases, are also available for investigating or prosecuting offences referred to in Articles 3 and 4.
Amendment 358 #
Proposal for a directive
Article 3 – paragraph 1 – point r a (new)
Article 3 – paragraph 1 – point r a (new)
(ra) serious acts of illegal, unreported and unregulated fishing, as defined in Article 42 of Regulation (EC) No 1005/2008 and Article 90 of Regulation (EC) No 1224/2009;
Amendment 365 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States shall establish as "ecocide" any action that causes destruction or irreversible or long-lasting substantial damage to an ecosystem with knowledge that there was a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by this action.
Amendment 366 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 366 #
Proposal for a directive
Article 21 – paragraph 5
Article 21 – paragraph 5
5. The Commission shall regularannually publish a report based on the statistical data transmitted by the Member States. The report shall be published for the first time three years after the standard format referred to in Article 22 has been determined.
Amendment 384 #
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Article 3 – paragraph 3 – point e a (new)
(ea) monetary value of the damage.
Amendment 385 #
Proposal for a directive
Article 3 – paragraph 3 – point e b (new)
Article 3 – paragraph 3 – point e b (new)
(eb) conservation status of the species affected by the damage.
Amendment 404 #
Proposal for a directive
Article 3 – paragraph 5 – point d a (new)
Article 3 – paragraph 5 – point d a (new)
(da) the scale of the financial benefits gained by committing the offence.
Amendment 406 #
Proposal for a directive
Article 3 – paragraph 5 – point d b (new)
Article 3 – paragraph 5 – point d b (new)
(db) the commission of the offence by an criminal organisation within the meaning of Council Framework Decision 2008/841/JHA
Amendment 414 #
Proposal for a directive
Article 4 – paragraph 1
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) and Article 3 (1a) are punishable as criminal offences.
Amendment 417 #
Proposal for a directive
Article 4 – paragraph 2
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.
Amendment 421 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall take the necessary measures to ensure that an attempt to commit the criminal offence referred to in Article 3 (1a) is punishable as a criminal offence.
Amendment 427 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 (1) are punishable by a maximum term of imprisonment of at least tfifteen years if they cause or are likely to cause death or serious injury to any person.
Amendment 432 #
Proposal for a directive
Article 5 – paragraph 3
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 sixten years.
Amendment 435 #
Proposal for a directive
Article 5 – paragraph 4
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 foursix years.
Amendment 436 #
4a. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1a) are punishable by a maximum term of imprisonment of at least 15 years.
Amendment 449 #
Proposal for a directive
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
(b) fines, which shall be proportional to the damage caused by the offence;
Amendment 456 #
(ea) bans to pursue activities which have resulted in committing the offence;
Amendment 465 #
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) an authority to exercise control within the legal person, including supply chain due diligence.
Amendment 466 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall also ensure that legal persons can be held liable where the lack of supervision or control throughout its entire supply chain 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.
Amendment 495 #
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 15% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 505 #
Proposal for a directive
Article 7 – paragraph 5
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 310% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 507 #
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5 a. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1a) are punishable by fines, the maximum limit of which shall be not less than 25% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 520 #
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) the offence damaged a Natura 2000 site;
Amendment 521 #
Proposal for a directive
Article 8 – paragraph 1 – point b b (new)
Article 8 – paragraph 1 – point b b (new)
(bb) the offence damaged a legally protected area in a third country;
Amendment 531 #
Proposal for a directive
Article 8 – paragraph 1 – point f a (new)
Article 8 – paragraph 1 – point f a (new)
(fa) the offence converges with other crimes.
Amendment 545 #
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 prior to the indictment of criminal proceedings;
Amendment 554 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States shall take the necessary measures to ensure that the limitation period of criminal offences referred to in Articles 3 and 4 does not commence until the concrete scope of the damage to the environment has been fully measured by appropriate scientific means.
Amendment 558 #
Proposal for a directive
Article 11 – paragraph 2 – point a
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 tfifteen years of imprisonment, for a period of at least tfifteen years from the time when the offence was committed, when offences are punishable;
Amendment 561 #
Proposal for a directive
Article 11 – paragraph 2 – point b
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 sixten years of imprisonment, for a period of at least sixten years from the time when the offence was committed, when offences are punishable;
Amendment 565 #
Proposal for a directive
Article 11 – paragraph 2 – point c
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 foursix years of imprisonment, for a period of at least foursix years from the time when the offence was committed, when offences are punishable.
Amendment 567 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 572 #
Proposal for a directive
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least tfifteen years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4, for at least tfifteen years from the date of the final conviction;
Amendment 575 #
Proposal for a directive
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
(b) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least sixten years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4, for at least sixten years from the date of the final conviction;
Amendment 577 #
Proposal for a directive
Article 11 – paragraph 4 – point c
Article 11 – paragraph 4 – point c
(c) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least foursix 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.
Amendment 578 #
Proposal for a directive
Article 11 – paragraph 4 – point c
Article 11 – paragraph 4 – point c
(c) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least foursix years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4, for at least foursix years from the date of the final conviction.
Amendment 582 #
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) the offender is one of its nationals or habitual residents., regardless of whether the offence takes place in an EU Member State or a third country;
Amendment 584 #
Proposal for a directive
Article 12 – paragraph 1 – point d a (new)
Article 12 – paragraph 1 – point d a (new)
(da) the offence is committed for the benefit of a legal person established on its territory;
Amendment 586 #
Proposal for a directive
Article 12 – paragraph 1 – point d b (new)
Article 12 – paragraph 1 – point d b (new)
(db) the offence is committed against one of its nationals or its habitual residents;
Amendment 587 #
Proposal for a directive
Article 12 – paragraph 1 – point d c (new)
Article 12 – paragraph 1 – point d c (new)
(dc) the offence has created a severe risk for the environment on its territory.
Amendment 588 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 591 #
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
Amendment 592 #
Proposal for a directive
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
Amendment 593 #
Proposal for a directive
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
Amendment 596 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. In cases referred to in paragraph 1, points (c) and (d) and (da), Member States shall take the necessary measures to ensure that the exercise of their jurisdiction is not subject to the condition that a prosecution can be initiated only following a denunciation from the State of the place where the criminal offence was committed.
Amendment 610 #
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 or as a private prosecution.
Amendment 617 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall take appropriate action, such as preventive law enforcement tools, 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.
Amendment 620 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall ensure that national authorities which prevent, 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.
Amendment 650 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that a consolidated review of their statistics is regularannually published.
Amendment 654 #
Proposal for a directive
Article 21 – paragraph 5
Article 21 – paragraph 5
5. The Commission shall regularannually publish a report based on the statistical data transmitted by the Member States. The report shall be published for the first time three years after the standard format referred to in Article 22 has been determined.