Activities of Christian SAGARTZ 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 (14)
Amendment 96 #
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 offencesThe Union has a particular responsibility in preventing and combating the commission of environmental offences in developing countries in cases in which the action can be linked to the Union. Such offences are not compatible with EU development policy and objectives and the UN Sustainable development goals, pose a threat to the environment and therefore call for an appropriate and effective response.
Amendment 103 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Environmental crimes can be perpetrated by a range of state and non- state actors. Transnational companies could be perpetrators. However, all responsibility cannot always wholly be attributed to them.
Amendment 107 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Notes that the recognition of the crime of ecocide is currently being discussed in several national parliaments around the world as well as at international and European levels, which may in the future lead to a change in the law relating to the Environment.
Amendment 108 #
Proposal for a directive
Recital 19
Recital 19
(19) Member States should lay down rules concerning limitation periods necessary in order to enable them to counter environmental criminal offences more effectively, without prejudice to national rules that do not set limitation periods for investigation, prosecution and enforcement.
Amendment 111 #
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, Member States should establish jurisdiction in order to counter such conduct effectively also in relation to developing countries.
Amendment 113 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
Amendment 115 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) In relation to developing countries, and in order to combat environmental crimes, Member States and the EU should closely cooperate with developing countries through technical and financial assistance. This includes through adequate training and resources and the exchange of information. There should also be cooperation mechanisms.
Amendment 116 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in order to protect the environment, prevent and combat environmental crime more effectively.
Amendment 118 #
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, therefore presenting a danger:
Amendment 131 #
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 ten years if they cause or are likely to cause death or serious injury to any person or group of persons.
Amendment 143 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall take the necessary measures to properly 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.
Amendment 144 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall take the necessary measures to properly 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.
Amendment 154 #
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) in relation to transnational companies, the fault can also be attributed to other actors and the responsibility is, therefore, to be shared and accompanied with penalties accordingly;
Amendment 158 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall take the necessary measures to provide for a limitation period that enables the investigation, prosecution, trial and judicial adjudication of criminal offences referred to in Articles 3 and 4 for a sufficient per, or after the detectiodn of time after the commission of those criminal offenceshose offences in cases where those offences were hidden, in order for those criminal offences to be tackled effectively.