9 Amendments of Jean-Paul GAUZÈS related to 2007/0022(COD)
Amendment 31 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The legislation listed in the Annexes to this Directive contains provisions which should be subject to measures which relate to criminal law, in order to ensure that the rules on environmental protection are fully effective.
Amendment 33 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) The obligations imposed by this Directive relate only to the provisions of the legislation listed in the Annexes to this Directive which entail an obligation for Member States, when implementing that legislation, to provide for prohibitive measures.
Amendment 36 #
Proposal for a directive
Recital 12
Recital 12
(12) Such an approximation is particularly important where the offences have seriously damaging results or the offences are committed in the framework of criminal organisations which play a significant role in environmental crime.
Amendment 38 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) The Euratom Treaty and its secondary legislation regulate environmental protection with regard to nuclear activity. As a result, the unlawfulness of actions which affect the environment as a result of nuclear activities can only be defined by reference to the Euratom Treaty and its secondary legislation.
Amendment 39 #
Proposal for a directive
Recital 15
Recital 15
(15) Since the objectives of the action to be taken, namely to ensure a more effective protection of the environment, for example by combating large-scale organised crime which causes serious environmental damage, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 41 #
Proposal for a directive
Article 2 – point a
Article 2 – point a
(a) "unlawful" means - infringing Community legislation orlaid down in Annex A, or - for activities concerning the EURATOM Treaty, any infringement of Community legislation as laid down in Annex B, or - a law, an administrative regulation or a decision taken by a competent authority in a Member State aiming at the protection of the environmplementing Community legislation mentioned in the first and second indents;
Amendment 42 #
Proposal for a directive
Article 2 – point aa (new)
Article 2 – point aa (new)
(aa) "protected wild fauna and flora species” means, 1) for the purposes of Article 3(g), the species listed in Annex IV of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, and the wild bird species mentioned in Articles 1 and 5 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds; 2) for the purposes of Article 3(ga), the species listed in Annexes A or B of Council Directive 338/97/EC of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein.
Amendment 45 #
Proposal for a directive
Article 2 – point ab (new)
Article 2 – point ab (new)
(ab) "protected habitat" means any habitat of a species for which an area has been declared a special protection area within the meaning of Article 4(1) or (2) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds1, and any natural habitat of a species for which an area has been declared a special area of conservation within the meaning of Article 4(4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.
Amendment 76 #
Proposal for a directive
Annex a (new)
Annex a (new)