25 Amendments of Bas EICKHOUT related to 2021/0422(COD)
Amendment 137 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Despite the growing number of environmental crimes, a harmonised and accepted definition of environmental crimes does not yet exist at European and national level. This Directive aims to provide a general framework by defining autonomous environmental crime, in addition to the EU-wide common set of definitions of specific environmental offences1a. _________________ 1a See Rome, IAI e AMBITUS, May 2022, p. 19.
Amendment 180 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) While the recognition of the crime of ecocide is currently being discussed in several national parliaments around the world and in the EU, the EU should seize this issue to remain a world leader in environmental protection legislation and to ensure harmonised definition and sanctions ex ante, and not ex post. Member States shall therefore adopt a crime of ecocide, which shall be considered a criminal offence for the purposes of this Directive and be defined as unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused. This specific crime makes it possible to identify the most serious damage to the environment and thus to provide for a graduation of sanctions according to the gravity of the harm to the environment.
Amendment 196 #
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. Member States should thus extend their jurisdiction where an offence creates a risk for the environment on its territory or where it is committed against its residents. Considering the limits of the territoriality principle in applying criminal law to environmental crimes of a transboundary nature and the significant number of cases where EU actors are involved in environmental crimes taking place outside of Europe, Member States should introduce so-called universal jurisdiction for serious environmental crimes, in particular when it comes to ecocide.
Amendment 220 #
Proposal for a directive
Recital 30 b (new)
Recital 30 b (new)
(30b) With a view to closer cooperation between Member States on environmental crime, the EU should consider extending the mandate of the European Public Prosecutor's Office (EPPO) to the criminal offences defined in this Directive. The EPPO, which has its own powers and authority to coordinate investigations and prosecutions in cross- border cases, is currently the European body best placed to deal with the most serious environmental crimes with a cross-border dimension. An extension of the mandate of the EPPO to cover serious environmental crime with across-border dimension, via the European Council in accordance with Article 86(4) TFEU, is therefore necessary. The EPPO would thus be able to deal with crimes with a cross-border dimension for which the strengthening of the criminal response is unlikely to be achieved through the traditional channels of judicial cooperation.
Amendment 221 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) Due to its global impact and cross- border nature, the EU and its Member States should make the fight against environmental crime a strategic political priority in international judicial cooperation and within the institutions and the Conference of the Parties to the United Nations Framework Convention on Climate Change, in particular by promoting compliance with multilateral environmental agreements through the adoption of criminal sanctions and the exchange of best practices and data on environmental crime. This international approach to environmental crime should also include extending the scope of the International Criminal Court to the crime of ecocide, and the EU and its Member States have a key role and responsibility in this regard.
Amendment 275 #
Proposal for a directive
Article 3 – paragraph -1 (new)
Article 3 – paragraph -1 (new)
Amendment 276 #
Proposal for a directive
Article 3 – paragraph -1 a (new)
Article 3 – paragraph -1 a (new)
-1a. Member States shall ensure that conduct which knowingly causes substantial damage to the environment constitutes a criminal offence.
Amendment 280 #
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 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 biodiversity, ecosystems services and functions, animals or plants;
Amendment 283 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the placing on the market of a product which, in breach of a prohibition or another requirement, causes or is likely to cause death or serious injury to any person or substantial damage to air, water or soil quality, or to biodiversity, ecosystems services and functions, animals or plants as a result of the product's use on a larger scale;
Amendment 287 #
Proposal for a directive
Article 3 – paragraph 1 – point c – introductory part
Article 3 – paragraph 1 – point c – introductory part
(c) the manufacture, placing on the market or, export from the Union market, use of substances, whether on their own, in mixtures or in articles, including their incorporation into articles, when:
Amendment 290 #
Proposal for a directive
Article 3 – paragraph 1 – point c – point vi a (new)
Article 3 – paragraph 1 – point c – point vi a (new)
(via) this activity is not in compliance with Directive 2009/128/EC of the European Parliament and of the Council1a. _________________ 1a Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides.
Amendment 291 #
Proposal for a directive
Article 3 – paragraph 1 – point c – paragraph 1
Article 3 – paragraph 1 – point c – paragraph 1
and it 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 biodiversity, ecosystems services and functions, animals or plants;
Amendment 295 #
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) any conduct in breach of the Regulation (EU) 2017/852 of the European Parliament and of the Council1a. _________________ 1a Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008.
Amendment 296 #
Proposal for a directive
Article 3 – paragraph 1 – point c b (new)
Article 3 – paragraph 1 – point c b (new)
Amendment 303 #
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 308 #
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Article 3 – paragraph 1 – point e – point ii
(ii) concerns other waste than referred to in point (i) 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 biodiversity, ecosystems services and functions, animals or plants;
Amendment 317 #
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) the ship-source discharges of polluting substances defined by Article 3(2) of the Directive 2008/56/EC or 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 and the marine environment, 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 318 #
Proposal for a directive
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) the installation, operation or dismantling of an installation in which a dangerous activity is carried out or in which dangerous substances, preparations or pollutants are stored or used falling within the scope of Directive 2012/18/EU of the European Parliament and of the Council43 , Directive 2010/75/EU of the European Parliament and of the Council44 or Directive 2013/30/EU of the European Parliament and of the Council45 and which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystems services and functions, animals or plants; _________________ 43 Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC Text with EEA relevance (OJ L 197, 24.7.2012, p. 1– 37). 44 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17– 119). 45 Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC (OJ L 178, 28.6.2013, p. 66– 106).
Amendment 321 #
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) the manufacture, production, processing, handling, use, holding, storage, transport, import, export or disposal of radioactive material falling within the scope of Council Directive 2013/59/Euratom46 , Council Directive 2014/87/Euratom47 or Council Directive 2013/51/Euratom48 , which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystems services and functions, animals or plants; _________________ 46 Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p. 1–73). 47 Council Directive 2014/87/Euratom of 8 July 2014 amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations (OJ L 219, 25.7.2014, p. 42–52). 48 Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ L 296, 7.11.2013, p. 12– 21).
Amendment 325 #
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 status or potential of surface water bodies or to the quantitative status of groundwater bodies. The abstraction should, for example, not lead to a deterioration of the Status of the Water Bodies as defined in the last River Basin Management Plans, in accordance with the statements of Annex V of the Directive 2000/60/EC, and should not compromise the achievement of good status/potential by 2027 in any of the water bodies in the same river basin district;
Amendment 327 #
Proposal for a directive
Article 3 – paragraph 1 – point k a (new)
Article 3 – paragraph 1 – point k a (new)
(ka) the committing of a serious infringement within the meaning of Article 90 of Regulation (EC) No 1224/2009 of the European Parliament and of the Council.
Amendment 349 #
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 site or the significant disturbance of a species, within the meaning of Article 6(2) of the Directive 92/43/EEC, when this deterioration is significant;
Amendment 352 #
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 biodiversity, ecosystems services and functions, animals or plants;
Amendment 411 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3 a Ecocide Member States shall adopt a crime of ecocide, which shall be considered a criminal offence for the purposes of this Directive and shall be defined as unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused.
Amendment 669 #
Proposal for a directive
Article 25 – paragraph 3 b (new)
Article 25 – paragraph 3 b (new)
3b. Within one year after the entry into force of this Directive, notwithstanding Article 119 of Regulation 2017/1939, the Commission shall produce a report on the possibility of extending the powers of the European Public Prosecutor's Office provided for in Article 86 of the Treaty on the Functioning of the European Union to include serious environmental crime that are detrimental to the interests of the Union. The European Public Prosecutor's Office would thus be empowered to request independent investigations and to initiate legal proceedings in respect of environmental damage and environmental crime on a European scale.