96 Amendments of Nicolae ŞTEFĂNUȚĂ related to 2021/0422(COD)
Amendment 125 #
Proposal for a directive
Recital 1
Recital 1
(1) According to Article 3(3) of the Treaty on European Union (TEU) and Article 191 of the Treaty on the Functioning of the European Union (TFEU), the Union is committed to ensuring a high level of protection and improvement of the quality of the environment, inter alia by application of the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.
Amendment 127 #
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 legislationresult in lost opportunity costs, in harm or loss of ecosystem services, habitats and species, undermine the effectiveness of Union environmental legislation and by undercutting legal prices might create unfair competition to legally operating businesses. Improved environmental standards by legislation aiming at high level of protection of environment and human health in some cases lead to increased costs for businesses, in particular in cases of inelasticity of price in the sector, and potentially raises the attractiveness of illegal operations1a. 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 and therefore call for an appropriate and effective response. _________________ 1a Broadening the Toolbox for the Prevention of Illegal Waste Trafficking, to Address Emerging Threats, Suvantola, Leila ; Kankaanranta, Terhi, Environmental policy and law, 2018-04- 02, Vol.48 (1), p.64-74.
Amendment 138 #
Proposal for a directive
Recital 4
Recital 4
(4) The effective investigation, prosecution and adjudication of environmental criminal offences should be improved. The list of environmental criminal offences which were set out in Directive 2008/99/EC should be revised and additional categories of offences based on the most serious breaches of Union environmental law should be added. Over leniency with regard to the punishment of what might have been seen as minor environmental crimes, results in a situation where the fines received for violation of environmental law represent a small fraction of the profits and could be regarded as a cost of doing business. Provisions on sanctions should be strengthened in order to enhance theirhave a deterrent effect as well as to adequately support the enforcement chain in charge of detecting, investigating, prosecuting and adjudicating environmental criminal offences as well as to give a signal that it makes economic sense to comply with the environmental acquis.
Amendment 141 #
Proposal for a directive
Recital 5
Recital 5
(5) The Directive should provide a clear sentencing guidance to the authorities. Member States should criminalise offence categories and provide for greater precision on the definitions of the offence categories, and harmonisation concerning sanction types and levels.
Amendment 142 #
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 covered under Regulation (EC) No 1224/2009 and Regulation (EC) 1005/200824 should be established as criminal offences. _________________ Similarly, the common agricultural policy1a provides for penalties, in the area of both interventions covered and not covered by IACS, and those related to conditionality rules, jointly aiming for safeguards for environment and prudent and rational use of natural resources. This Directive provides for establishing criminal sanctions in case of serious non- compliance with the respective provisions. _________________ 1a COMMISSION IMPLEMENTING REGULATION (EU) 2021/2289 of 21 December 2021 laying down rules for the application of Regulation (EU) 2021/2115 of the European Parliament and of the Council on the presentation of the content of the CAP Strategic Plans and on the electronic system for the secure exchange of information 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 149 #
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 if such authorisation was illegal, if it was obtained fraudulently, or by corruption, extortion or coercion. An authorisation that has breached the relevant EU legislation, independently of the eventual result of the given authorisation is as well considered unlawful. 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 155 #
Proposal for a directive
Recital 9
Recital 9
(9) The environment should be protected in a wide sense, as set out under Article 3 (3) TEU and Article 191 TFEU, covering all natural resources - air, water, soil, wild fauna and flora including habitats - as well as services provided by natural resour, ecosystems and species populations - as well as prudent and rational use of natural resources and ecosystem services.
Amendment 159 #
Proposal for a directive
Recital 10
Recital 10
(10) The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects, have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. Therefore, when Union legislation covered by this Directive evolves, this Directive should also automatically cover any updated or amended Union legislation falling within the scope of criminal offences defined under this Directive, when the obligations under Union law remain unchanged in substance. However, when new legal instruments prohibit new conduct harmful to the environment, this Directive should be amended in the respective part in order to add to the categories of criminal offences also the new serious breaches of Union environmental law adopted after this Directive will have come into force.
Amendment 174 #
Proposal for a directive
Recital 14
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 criminal proceedings. These should include the obligation to fully cover the cost 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.
Amendment 176 #
Proposal for a directive
Recital 15
Recital 15
(15) Where national law provides for it, legal persons should also be held criminally liable for environmental criminal offences according to this Directive. Member States whose national law does not provide for the criminal liability of legal persons should ensure that their administrative sanctioning systems provide for effective, dissuasive and proportionate sanctions types and levels as laid down in this Directive in order to achieve its objectives, and that the criminal prosecution of natural person acting in the name of a legal entity is enabled. Financial situation of legal persons should also be taken into account to ensure the dissuasiveness of the sanction imposed.
Amendment 178 #
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 avoidAs the illegal profits, expenditure that can be generated or avoided and a competitive advantage gained 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.
Amendment 181 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) When an environmental criminal offence causes substantial and irreversible or long-lasting damage to an entire ecosystem, this should be considered comparable to or qualifying as an offence of ecocide.
Amendment 183 #
Proposal for a directive
Recital 17
Recital 17
(17) Where the crimes are of a continuing nature, they should be brought to an end as soon as possible. Where offenders have made financial gains, such gains should be confiscated. The Directive also lays down the rules for the management of the confiscated gains.
Amendment 185 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Lack of national rescue and sanctuary capacity may contribute to the lack of enforcement of relevant provisions related to wildlife trade by a Member State and result in measures inadequate to deter wildlife crime, such as administrative sanctions, without seizure. Dissuasive sanctions, collaboration and exchange between governmental and non- governmental sanctuaries and rescue centres to secure long term and species- appropriate solutions for seized wildlife are needed.
Amendment 187 #
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 effectively, without prejudice to national rules that do not set limitation periods for investigation, prosecution and enforcement. Given the seriousness of the respective conduct, there should be no limitation period for the criminal offence of ecocide and for the criminal offence, which has affected natural ecosystem which is established as a legal entity.
Amendment 191 #
Proposal for a directive
Recital 22
Recital 22
(22) Furthermore, judicial and administrative authorities in the Member States should have at their disposal a proper guidance, allowing for a range of criminal sanctions and other measures to address different types of criminal behaviour in a tailored and effective manner, with an adequate level of harmonisation at EU level to ensure effective cross-border cooperation, to prevent dual criminality and prevent that low enforcement and low penalties levels in a Member State negatively affect the implementation of this Directive.
Amendment 195 #
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. enable the competent authorities to investigate and prosecute such activities, including where an offence is committed, by means of information and communication technology, from their territory, whether or not such technology is based in their territory. Member States should also strengthen inter-agency cooperation between financial investigators and environmental crime agencies, to detect and pursue financial investigations into environmental crimes. This includes working with foreign counterparts to share information, facilitate prosecutions and recover assets that are moved and held abroad1a. _________________ 1a inter-agency cooperation proposed in the 2021 report Money Laundering from Environmental Crime by The Financial Action Task Force (FATF), available at https://www.fatf- gafi.org/media/fatf/documents/reports/Mo ney-Laundering-from-Environmental- Crime.pdf
Amendment 203 #
Proposal for a directive
Recital 24
Recital 24
(24) Environmental criminal offences harm nature, economy and society. By reporting breaches of Union environmental law, peopleindividuals and organisations perform a service of public interest and play a key role in exposing and preventing such breaches, and thus safeguarding the welfare of society. Individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. Persons who report irregularities are known as whistleblowers. Potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. Such persons should benefit from balanced and effective whistleblowers protection set out under Directive (EU) 2019/1937of the European Parliament and of the Council25 . _________________ 25 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305/17).
Amendment 217 #
Proposal for a directive
Recital 30
Recital 30
(30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Following the applicable rules,Potential perpetrators are generally legal actors given legitimacy as a consequence of various societal structures, e.g. paying tax on corporate earnings, providing jobs, being established within government policy structures, and political considerations arguably dictate that these might be treated sympathetically by justice systems and policy1a. Supervisory agencies might be under pressure to maintain good relationships with the companies they regulate, and to support local economic health2a. Member States should therefore also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti- Fraud Office (OLAF), in their respective areas of competence. , by setting up national contact points. The review of Directive 2017/1371 should propose an inclusion of environmental crime to the criminal offenses covered by the Directive and an extension of the EPPO’s mandate to cover serious environmental crimes, via the European Council in accordance with Article 86(4) TFEU, is needed to effectively tackle these crimes in the EU. _________________ 1a Nurse, Angus: Contemporary Perspectives on Environmental Enforcement International journal of offender therapy and comparative criminology, 2022-03, Vol.66 (4), p.327- 344 2a Environmental and Wildlife Crime in Sweden from 2000 to 2017, Stassen, Richard ; Ceccato, Vania; Favarin, Serena, Journal of contemporary criminal justice, 2020-08, Vol.36 (3), p.403-427.
Amendment 226 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) The Commission should, in close cooperation with the Member States 'monitor the justice systems' capacities to detect, prevent, respond, and prosecute environmental crimes as well as identify gaps and provide science-based and specialist recommendations and guidelines to better detect, investigate, prosecute or adjudicate environmental criminal offences.
Amendment 227 #
Proposal for a directive
Recital 33 b (new)
Recital 33 b (new)
(33b) The Commission and relevant EU agencies, such as Eurojust and Europol, as well other EU bodies should organise visits to the Member States to provide additional support and monitor the implementation of this Directive. The Commission should support the implementation of actions funded by relevant Union funding programmes and instruments related to environmental criminal offences, provide guidelines for case management and support for professional entities and networks to improve guidelines in order to better detect, investigate, prosecute or adjudicate environmental criminal offences, including field response and personnel training, and provide timely, objective, reliable and easily accessible information on environmental crimes to all national, regional and local authorities as well as NGOs and the public.
Amendment 228 #
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 combat environmental crime, assist the proper implementation and enforcement of environmental legislation and to help protect the environment more effectively.
Amendment 235 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
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) or to the Union´s strategic initiative in the field of environment.
Amendment 239 #
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 when the authorisation was obtained fraudulently or by corruption, extortion or coercion;or under an approved planning instrument when the authorisation or a planning instrument was in breach of the Union environmental legislation, or it was obtained fraudulently or by corruption, extortion or coercion. Authorisation given by a national official, breaching the Union environmental legislation, irrespective of the eventual result of the obtained authorisation, shall also be deemed an unlawful conduct for the purpose of this Directive.
Amendment 244 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) ´´illegal logging´ means any logging which breaks rules and legislation in force and is not limited to cases which involve products or commodities within the scope of Regulation (EU) No 995/2010 of the European Parliament and of the Council or [ Regulation on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010], including conduct of a local, regional or national forest authority infringing on EU law in sphere of nature protection or on a law implementing EU strategic initiative in the sphere of nature protection;
Amendment 245 #
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 for States or public bodies exercising State authority and for public international organisations;
Amendment 248 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) 'national public official' means any person holding an executive, administrative or judicial office at national, regional or local level;
Amendment 253 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
(4a) ‘offering for sale’, ‘sale’ and ‘trade’ have the meaning attributed to them in Article 2, points (i), (p), and (u) of Council Regulation (EC) No 338/97 and also cover offering for sale, sale and trade that occur online, irrespective of the place of establishment or residence of the providers of the intermediary online services and of the traders;
Amendment 254 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 b (new)
Article 2 – paragraph 1 – point 4 b (new)
Amendment 278 #
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 281 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the discharge, emission or introduction of a quantity of energy, materials or substances or ionising radiation into air, soil or water 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;
Amendment 299 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) authorisation or the execution of plan or project referred to in Article 6(3) of Council Directive 92/43/EEEC1a without an appropriate assessment of its implications for the site in view of the site's conservation objectives, referred to in the same Article; _________________ 1a Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora
Amendment 300 #
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) authorisation or the execution of the plans or projects authorized without the conditions of the exemption under Article 4(7) of Directive 2000/60/EC1a having been met; _________________ 1a DIRECTIVE 2000/60/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2000 establishing a framework for Community action in the field of water policy
Amendment 304 #
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) the collection, transport, treatment, recovery or disposal of waste, the supervision of such operations and the after-care of disposal sites, including action taken as a dealer or a broker (waste management), when an unlawful conduct:
Amendment 307 #
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Article 3 – paragraph 1 – point e – point i
(i) concerns hazardous waste as defined in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council39 and is undertaken in a non-negligible quantity; _________________ 39 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3–30).
Amendment 314 #
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 324 #
Proposal for a directive
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) the abstraction of surface water or groundwater which causes or is likely to cause substantial damage to the ecological statusthat the long- term annual average rate of abstraction exceeds the available groundwater resource; or the abstraction or anthropogenic alteration which the groundwater body is subject to which might result in a significant diminution in the status of associated surface waters, or a significant damage to terrestrial ecosystems which depend directly on the groundwater body, or subject to alterations to flow direction resulting from level changes which cause saltwater or potential of surface water bodies or to the quantitative status of groundwater bodies; her intrusion, and indicate a sustained and clearly identified anthropogenically induced trend in flow direction likely to result in such intrusions1a; _________________ 1a from the definition of good quantitative status in the Water Framework Directive
Amendment 331 #
Proposal for a directive
Article 3 – paragraph 1 – point l
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 IVA, B and V (whenC to Council Regulation (EC) No 338/97, species listed in Annex VIV and Annex V (when populations of species are subject to the same measures as those adopted for species or populations 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).
Amendment 334 #
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 and B, C 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 337 #
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) the placing or making available on the Union market of illegally harvested timber or of timber products that were made of illegally harvested wood, falling within the scope of Regulation (EU) No 995/2010 of the European Parliament and of the Council52 , except for cases where the conduct concerns a negligible quantity; [If; [when a Regulation on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 is adopted before this, Directive, point (n) to be replaced with a criminal offence within the scope of Article 3 and 4 of that Regulation.] _________________ 52 Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23–34).
Amendment 340 #
Proposal for a directive
Article 3 – paragraph 1 – point n a (new)
Article 3 – paragraph 1 – point n a (new)
(na) committing an infringement within the meaning of Article 90 of Regulation (EC) No 1224/20091a of the European Parliament and of the Council; _________________ 1a Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1)
Amendment 341 #
Proposal for a directive
Article 3 – paragraph 1 – point n b (new)
Article 3 – paragraph 1 – point n b (new)
Amendment 342 #
Proposal for a directive
Article 3 – paragraph 1 – point n c (new)
Article 3 – paragraph 1 – point n c (new)
(nc) incompliance with sustainability criteria pursuant Art. 29 of Directive (EU) .../….[recast RED];
Amendment 343 #
Proposal for a directive
Article 3 – paragraph 1 – point n d (new)
Article 3 – paragraph 1 – point n d (new)
(nd) illegal logging;
Amendment 347 #
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) any conduct which causes the deterioration of a habitat within a protected sior the disturbance of a species for which the site has been designated, within the meaning of Article 6(2) of the Directive 92/43/EEC, when this deterioration is significant;
Amendment 367 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall ensure that theany conduct referred to in paragraph 1, points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (m), (n), (p) (ii), (q), (r), irrespective of its lawfulness under a law, an administrative act or regulation of a Member State, also constitutes a criminal offence, when it is committed win the at least serious negligencewareness that it causes or likely to cause substantial damage to the environment.
Amendment 370 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States may establish their jurisdiction over the offence of ecocide for the most serious offences under Article 3(1) and Article 3(2), namely, unlawful or wanton conduct committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by that conduct.
Amendment 372 #
Proposal for a directive
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Where an offence referred to in the points (a) to (e), (g) to (j), (k), (p), (q), (r) of Article 3(1) and Article 3(2) involves damage of less than EUR 10 000 or an advantage of less than EUR 10 000, Member States may provide for sanctions other than criminal sanctions. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account, where relevant, when assessing whether the damage, advantage gained or likely damage is substantial for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (a) to (e), (i), (j), (k) and (p): :
Amendment 375 #
Proposal for a directive
Article 3 – paragraph 3 – point b a (new)
Article 3 – paragraph 3 – point b a (new)
(ba) real or estimated avoided cost of compliance and the advantage gained over the legally operating business;
Amendment 376 #
Proposal for a directive
Article 3 – paragraph 3 – point b b (new)
Article 3 – paragraph 3 – point b b (new)
Amendment 377 #
Proposal for a directive
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) severity of the damage e.g. expressed as a cost of restoration, and/or expressed as the timeframe needed of bringing down the exceeded values and parameters to the limit values;
Amendment 378 #
Proposal for a directive
Article 3 – paragraph 3 – point d
Article 3 – paragraph 3 – point d
(d) spread of the damage, including consideration of the value of the supplied ecosystem service lost or temporarily lost, and social or monetary value of specimen of wildlife affected or killed;
Amendment 395 #
Proposal for a directive
Article 3 – paragraph 5 – introductory part
Article 3 – paragraph 5 – introductory part
5. Where a criminal offence referred to in the points (e), (f), (l) to (o) of Article 3(1) involves the value of less than EUR 10 000 or an advantage gained of less than EUR 10 000, Member States may provide for sanctions other than criminal sanctions. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account when assessing whether the quantity is negligible or non-negligible for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (e), (f), (l), (m), (n):
Amendment 396 #
Proposal for a directive
Article 3 – paragraph 5 – point a
Article 3 – paragraph 5 – point a
(a) the amount, area or number of items subject to the offence and their monetary or social value;
Amendment 398 #
Proposal for a directive
Article 3 – paragraph 5 – point c
Article 3 – paragraph 5 – point c
(c) the conservation status of the respective populations of fauna or flora species concerned;
Amendment 399 #
Proposal for a directive
Article 3 – paragraph 5 – point c a (new)
Article 3 – paragraph 5 – point c a (new)
(ca) the level of protection awarded to the area or species concerned (strict protection; moratorium on killing, destruction, taking of specimens of wild fauna and flora; core area of national park; UNESCO heritage site, etc);
Amendment 401 #
Proposal for a directive
Article 3 – paragraph 5 – point c b (new)
Article 3 – paragraph 5 – point c b (new)
(cb) the value of the supplied ecosystem service lost or temporarily lost
Amendment 402 #
Proposal for a directive
Article 3 – paragraph 5 – point d a (new)
Article 3 – paragraph 5 – point d a (new)
(da) the real or estimated avoided cost of compliance and/or other type of financial gains obtained by the offence.
Amendment 407 #
Proposal for a directive
Article 3 – paragraph 5 – point d b (new)
Article 3 – paragraph 5 – point d b (new)
(db) value of carbon stored in the ecosystem, including soil, emitted to the atmosphere following the damage;
Amendment 418 #
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 441 #
Proposal for a directive
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) obligation to fully cover the cost of reinstateing the environment with reinstatement to be executed by contracted experts within a given time period;
Amendment 444 #
Proposal for a directive
Article 5 – paragraph 5 – point a a (new)
Article 5 – paragraph 5 – point a a (new)
(a a) civil liability in case the reinstatement is no longer possible;
Amendment 445 #
Proposal for a directive
Article 5 – paragraph 5 – point a b (new)
Article 5 – paragraph 5 – point a b (new)
(ab) obligation to cover cost of placement of confiscated animals in a rescue centre or other appropriate interim facility;
Amendment 448 #
Proposal for a directive
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
(b) fines proportionate to the financial advantage accrued by committing the offence;
Amendment 462 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
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, acting either individually or as part of an organ of the legal person, based on:
Amendment 477 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) the obligation to fully cover the cost of reinstateing the environment, with reinstatement to be executed by contracted experts within a given time period;
Amendment 487 #
Proposal for a directive
Article 7 – paragraph 2 – point j
Article 7 – paragraph 2 – point j
(j) obligation of companies to install due diligence schemes for enhancing compliance with environmental standards where this is not a legal obligation;
Amendment 491 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall 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. Criminal liability of an enterprise may be transferred to the successor company.
Amendment 497 #
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 502 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 517 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem or to the populations of wild animals or plant species covered by Council Regulation (EC) No 338/97, Council Directive 92/43/EEC and Directive 2009/147/EC of the European Parliament and of the Council;
Amendment 519 #
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) outstanding natural values of the area concerned (awarded strict protection, core area of national park, UNESCO heritage site etc.);
Amendment 522 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the offence was committed in the framework ofwithin a criminal organisation within the meaningsense of Council Framework Decision 2008/841/JHA56 ; _________________ 56 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, OJ L 300/42.
Amendment 523 #
Proposal for a directive
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) the offence was committed together with other criminal offence, including intentional homicide;
Amendment 526 #
Proposal for a directive
Article 8 – paragraph 1 – point e
Article 8 – paragraph 1 – point e
(e) the offence was committed by a national public official when performing his/her duties;
Amendment 528 #
Proposal for a directive
Article 8 – paragraph 1 – point f
Article 8 – paragraph 1 – point f
(f) the offender committed similar previous infringements of environmental lawhas already received an admonition penalty, administrative or criminal sanction based on this Directive or Directive 2008/99/EC or based on sectoral environmental law not covered by Directive 2008/99/EC;
Amendment 534 #
Proposal for a directive
Article 8 – paragraph 1 – point i a (new)
Article 8 – paragraph 1 – point i a (new)
(ia) the offender has actively proceeded with the unlawful conduct after an infringement procedure in the respective policy area related to the activity of the offender had been launched by the European Commission;
Amendment 547 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Amendment 549 #
Proposal for a directive
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
Animal shelters, sanctuaries, rescue centres and any other appropriate interim facilities shall be equipped to accommodate and address the specific needs of confiscated specimens of wild fauna species subject to the offences (l),(m) of Article 3, to assist in the recovery and provide adequate and appropriate living conditions with a view on a release, when possible.
Amendment 550 #
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 period of time after the commission of those criminal offences, in order for those criminal offences to be tackled effectively. For the crimes comparable to or qualifying as an offence of ecocide and crimes affecting an ecosystem that is established as a legal entity there shall be no limitation period.
Amendment 619 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall ensure that national authorities which execute inspections, 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 621 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Amendment 623 #
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
Without prejudice to the first paragraph, the Commission shall develop sentencing guidelines in order to assist the Member States and their authorities in proper and harmonised implementation of the Directive.
Amendment 626 #
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, financial crime, cybercrime or other serious crime cases, are also available for investigating or prosecuting offences referred to in Articles 3 and 4.
Amendment 633 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19 a Cooperation between the Member States and the Commission (OLAF) and other Union bodies Without prejudice to the rules on cross- border cooperation and mutual legal assistance in criminal matters, the Member States, Eurojust, the European Public Prosecutor's Office and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in Articles 3 and 4. To that end the Commission, and where appropriate, Eurojust, shall provide such technical and operational assistance as the competent national authorities need to facilitate coordination of their investigations. The EPPO shall be responsible for investigating, prosecuting and bringing to judgment the perpetrators of, and accomplices to, criminal offences. In that respect the EPPO shall undertake investigations, and carry out acts of prosecution and exercise the functions of prosecutor in the competent courts of the Member States.
Amendment 638 #
Proposal for a directive
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) the modes of coordination, exchange of best practices and cooperation between the competent authorities and between the competent national authorities and the competent national authorities of other Member States, including on the management of the confiscated gains;
Amendment 645 #
Proposal for a directive
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the number of environmental crime cases investigated, and separately for those involving cross-border cooperation;
Amendment 647 #
Proposal for a directive
Article 21 – paragraph 2 – point g
Article 21 – paragraph 2 – point g
(g) the number of dismissed court cases for environmental crime, and separately dismissals upon the expiry of the limitation period;
Amendment 653 #
Proposal for a directive
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4a. The Commission and Member States should create at Union level, a database on the number of actions carried out in the field of environmental crimes by law enforcement bodies on a platform that would allow unitary collection of data and increase the degree of digitalisation.
Amendment 655 #
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21 a Environmental Crime Knowledge Network The Commission shall establish an Environmental Crime Knowledge Network to aggregate, process and disseminate knowledge, expertise and information relevant to detect, investigate, prosecute, or adjudicate environmental crime and other processes relevant to the implementation and enforcement of this Directive.
Amendment 656 #
Proposal for a directive
Article 21 b (new)
Article 21 b (new)
Article 21 b The Commission, through the Network, shall take due account of the expertise available in the Member States, at Union level, at the level of other international organisations and entities, third countries and at the level of organisations active on the ground.
Amendment 657 #
Proposal for a directive
Article 21 c (new)
Article 21 c (new)
Article 21 c The Commission, through the Network, shall support coherence of planning and decision-making processes by facilitating continuous training and exchange of knowledge and information for and between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors.
Amendment 658 #
Proposal for a directive
Article 21 d (new)
Article 21 d (new)
Amendment 659 #
Proposal for a directive
Article 21 e (new)
Article 21 e (new)
Article 21 e The Commission and Member States shall establish a list of laboratories, the types of analyses and their prices available in each Member State or at Union level to be made available to criminal investigation bodies in order to strengthen the quality of evidence.
Amendment 661 #
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. The Commission or the relevant Union institutions, bodies, offices or agencies, in particular Eurojust and Europol, shall organise visits at source in the Member States, on case-by-case basis, in close collaboration with the Member States concerned, to provide additional support to activities as referred in this Regulation;
Amendment 672 #
Proposal for a directive
Article 27 a (new)
Article 27 a (new)
Article 27 a Amendments to Directive 2017/1371 of the European Parliament and of the Council on the fight against fraud to the Union's financial interests by means of criminal law The title is amended as follows: Directive 2017/1371 of the European Parliament and of the Council on the fight against fraud to the Union's financial interests and cross-border protection of the environment by means of criminal law Into Article 18 a new paragraph is inserted: By December 2024 the Commission shall present a legislative proposal on inclusion of environmental crimes to the criminal offences covered by this Directive and on the creation of the office of the Green European Public Prosecutor.