Activities of Marie TOUSSAINT related to 2021/0422(COD)
Shadow reports (1)
REPORT 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
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 (336)
Amendment 73 #
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, a prudent and rational utilisation of natural resources, promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change. According to Article 191 TFEU, Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It shall be based on 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 75 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) According to the Charter of Fundamental Rights of the European Union, the Union must ensure the protection of fundamental rights, and in particular the level of protection of the environment and the improvement of its quality (Article 37), the right to life (Article 2) and the right to personal integrity (Article 3). Considering that the impact of environmental crime not only affects biodiversity, climate and planetary boundaries, but also human rights and human and environmental health, the fight against environmental crime should be a priority at EU level in order to ensure the protection of these rights and prevent environmental damage.
Amendment 76 #
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. In just a few decades, environmental crime has become the fourth largest criminal sector in the world, growing two to three times faster than the global economy1a,1b and is now as lucrative as drug trafficking1c. Such offences pose a threat to the environment, to the climate and the safety of the planet and therefore call for an appropriate and effective response. The Union should encourage and enable more efficient and swifter cross-border cooperation between competent authorities at EU and national level. _________________ 1a INTERPOL-UN Environment (2016), Strategic Report: Environment, Peace and Security, A Convergence of Threats. 1b UNEP (2018), The State of knowledge of crimes that have serious impacts on the environment. 1c Eurojust (2021), Rapport sur le travail d'Eurojust sur les crimes environnementaux.
Amendment 80 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In order to strengthen the European stance on combatting environmental criminality, the Union should consider adding environmental crime to the list of areas of crime that meet the criteria specified in Article 83(1) TFEU.
Amendment 82 #
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. In many Member States environmental offences do not yet fall within the framework of criminal law and are treated as administrative offences, with perpetrators receiving only pecuniary and administrative charges. Compliance should be strengthened by the availability of criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties. Criminal law, as the guardian of essential social values to be protected, must evolve in order to address current issues, in particular environmental and climate challenges. Environmental criminal law must emancipate itself from administrative regulations and thus become a complementary tool to prevent, dissuade and repair behaviour that damages the environment. _________________ 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 85 #
Proposal for a directive
Recital 4
Recital 4
(4) The effective detection, 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. A procedure should also be established to update automatically the list of criminal offences in this Directive as environmental legislation develops. Provisions on sanctions and penalties should be strengthened and graduated in accordance with the nature and gravity of the damage caused in order to enhance their deterrent and reparatory effect as well as the enforcement chain in charge of detecting, investigating, prosecuting and adjudicating environmental criminal offences.
Amendment 87 #
Proposal for a directive
Recital 5
Recital 5
(5) 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. The Commission should develop sentencing guidelines that will assist the Member States in the harmonisation of sanction types and levels as per the provisions of this Directive, and help ensure that sanctions for the offences are effective, dissuasive and proportionate, and where appropriate identical among the Member States, and that perpetrators who are convicted and subjected to sanctions do not profit from their illegal activities.
Amendment 90 #
Proposal for a directive
Recital 6
Recital 6
Amendment 94 #
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 97 #
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, 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 98 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Despite the growing number of environmental crimes, a harmonised and accepted definition of environmental crime does not yet exist at Union and national level. This Directive aims to provide a general framework by defining autonomous environmental crime, in addition to the Union-wide common set of definitions of specific environmental offences1a. In line with existing legislation in different national criminal law systems, Member States should criminalise autonomous categories of environmental offences by creating an offence of endangering the environment when a conduct directly or indirectly exposes the environment to an immediate risk of substantial damage or when, knowingly, a conduct causes a substantial damage to the environment. Criminal law has its own characteristics which make it more dissuasive than administrative law, especially in terms of applicable sanctions. _________________ 1a See Rome, IAI e AMBITUS, May 2022, p. 19.
Amendment 99 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) Public authorities or undertakings should not be prevented from being prosecuted where they have knowingly used their powers to incite, participate in or be complicit in an action in breach of environmental law which may constitute a criminal offence. Officials of national governments and public bodies may commit environmental crimes either ‘directly’, by breaching environmental duties or omitting to act in conformity with them, or by facilitating offences committed by entities, such as multinational corporations1a. _________________ 1a UNEP (2018), The State of Knowledge of Crimes that have Serious Impacts on the Environment, p. IX.
Amendment 100 #
Proposal for a directive
Recital 9
Recital 9
(9) The environment shouldis threatened daily by destruction and deterioration, seriously endangering natural and human systems around the world but also increasingly in the Union. The environment should thus 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 resourc, ecosystems and species population- as well as functions and services provided by natural resources, and their interactions as well as respect for planetary boundaries.
Amendment 102 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The gravest forms of environmental crime should be defined as ecocide, and recognised as an international crime under the Rome Statute of the International Criminal Court, and by the European Union in this Directive;
Amendment 107 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Environmental crimes can be perpetrated by a range of actors, from individuals, small groups, companies and corporations, corrupt government individuals, organised criminal networks, and often a combination of all these1a. Large multinational corporations may exploit and damage the environment in order to generate more profit or reduce their costs, in particular in developing countries where the legal and institutional frameworks are usually weaker, including through natural resource exploitation, pollution crimes and hazardous waste disposal. _________________ 1a UNEP (2018), The State of Knowledge of Crimes that have Serious Impacts on the Environment, p. IX.
Amendment 108 #
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. Environmental crimes are often committed by organised crime groups, which operate across the Union’s internal and external borders. The involvement of organised crime groups in the environmental offence, or the commission of an offence for the benefit of a group of such kind, should be regarded as aggravating circumstances. 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 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. Considering the role that public authorities should exert in preventing and addressing unlawful conducts, the commission of environmental crimes by public officials when performing their duties, or their involvement in these crimes, should be taken into account as aggravating factor when determining the appropriate level of sanctioning.
Amendment 110 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Ecocide refers to the process of environmental or ecological destruction and means 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 by those acts. It can be linked to unlawful economic activity, unsocial behaviour, disrespect of human rights, war crimes, excessive pollution, destruction of biodiversity or wilful and severe actions aggravating climate change beyond the enshrined limits according to the Paris agreement.
Amendment 111 #
Proposal for a directive
Recital 14
Recital 14
(14) Sanctions for the offences should be effective, dissuasive and proportionate. To this end, min the definition and application of sanctions, Member States should also take into account the financial benefits accrued by committing the offence, the level of the damage caused, as well as the possibility and costs involved in reinstatement or reparation. 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 reinstate the environment, exclusion from access to public funding, including tender procedures, grants and, concessions and licenses and withdrawal of permits and authorisations and making sentences public. When offences are committed by government officials, sanctions should also include disqualification from functions and bans on running for elected or public office. The Commission should present, within one year after entry into force of this Directive, guidance classifying sanctions for national competent authorities, prosecutors and judges. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases.
Amendment 116 #
Proposal for a directive
Recital 15
Recital 15
(15) Where national law provides for it, lLegal persons should also be held criminally liable for environmental criminal offences according to this Directive. Like natural persons, legal persons who are perpetrators, instigators or accomplices in offences must be held responsible and subject to criminal proceedings. 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 and where possible identical sanctions types and levels as laid down in this Directive in order to achieve its objectives. Financial situation of legal persons should be taken into account to ensure the dissuasiveness of the sanction imposed, the direct and indirect environmental consequences in the short, medium and long term as well as, if applicable, the irreversible nature of the environmental damage should be taken into account to ensure the dissuasiveness of the sanction imposed. Finally, the level of criminal sanctions applicable to legal persons for other categories of offences should be taken into account.
Amendment 124 #
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, a prudent and rational utilisation of natural resources, promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change. According to Article 191 of the Treaty on the Functioning of the European Union (TFEU), Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It shall be based on 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 125 #
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 Union, the Union 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 126 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) According to the Charter of Fundamental Rights of the European Union, the Union must ensure the protection of fundamental rights, and in particular the level of protection of the environment and the improvement of its quality (Article 37), the right to life (Article 2) and the right to personal integrity (Article 3). Considering that the impact of environmental crime not only affects biodiversity, climate and planetary boundaries, but also human rights and human and environmental health, the fight against environmental crime should be a priority at EU level in order to ensure the protection of these rights and prevent environmental damage.
Amendment 126 #
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. and could have substantial or even irreversible consequences on the environment, they should be brought to an end as soon as possible on the basis of the precautionary and preventive principles enshrined in Article 191(2) TFEU. Member States should lay down rules providing for the immediate cessation or prevention, on a precautionary basis, of unlawful conducts to avert the occurrence of an environmental damage, to mitigate such damage or to avoid further negative consequences. Therefore the Commission encourages Member States to establish a mechanism at national level to deal with cases in an accelerated procedure where there is a risk of irreversible or substantial damage to the environment. Where offenders have made financial gains, such gains should be confiscated. Member States should take the necessary measures to ensure that confiscated proceeds derived from and instrumentalities of the environmental crime will address the consequences of those crimes and be used to finance and cover the costs associated to environmental restoration and to damage compensation and reparation.
Amendment 128 #
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. In just a few decades, environmental crime has become the fourth largest criminal sector in the world, growing two to three times faster than the global economy1a,1b and is now as lucrative as drug trafficking2a. Such offences pose a threat to the environment, to the climate and the safety of the planet and therefore call for an appropriate and effective response. The Union should encourage and enable more efficient and swifter cross-border cooperation between competent authorities at EU and national level. _________________ 1a INTERPOL-UN Environment (2016), Strategic Report: Environment, Peace and Security, A Convergence of Threats. 1b UNEP (2018), The State of knowledge of crimes that have serious impacts on the environment. 2a Eurojust (2021), Rapport sur le travail d'Eurojust sur les crimes environnementaux.
Amendment 131 #
Proposal for a directive
Recital 19
Recital 19
(19) Member States should lay down rules concerning limitation periods necessary and adapted to the specificities of environmental damage, the occurrence of which is often spread over time, 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. Member States should also ensure that special measures of limitation may be applied in the case of concealment of an offence, i.e. where the offender has prevented its discovery. In this case, the time limit shall run only from the day when the offence could be established under conditions that allow prosecution.
Amendment 132 #
Proposal for a directive
Recital 21
Recital 21
(21) Member States should define the scope of administrative and criminal law enforcement clearly with regard to environmental offences according to their national law. Criminal proceedings and related sanctions should be fully separate and independent from administrative proceedings and sanctions. In the application of national law transposing this Directive, Member States should ensure that the imposition of criminal sanctions and of administrative sanctions respects the principles of the Charter of Fundamental Rights of the European Union, including the prohibition of ne bis in idem.
Amendment 133 #
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. Criminal law, as the guardian of essential social values to be protected, must evolve in order to address current issues, in particular environmental and climate challenges. Environmental criminal law must emancipate itself from administrative regulations and thus become a complementary tool to prevent, dissuade and repair behaviour that damages the environment. _________________ 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 133 #
Proposal for a directive
Recital 22
Recital 22
(22) Furthermore, judicial and administrative authorities in the Member States should have at their disposal a range of criminal sanctions and other measures to address different types of criminal behaviour in a tailored and effective manner. With regard to financial sanctions, these authorities must take into account the financial situation of legal persons and in particular the turnover but also the illegal gains resulting from the realisation of the damage.
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 137 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
Amendment 138 #
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, and take the necessary measures to extend their jurisdiction in specific circumstances. Member States should thus establish their jurisdiction where an offence creates a risk for the environment on its territory, where it is committed against its nationals or its habitual residents, where it is committed by a public official member of a public authority established within its territory, or where it is committed for the benefit of a legal person established on its territory. 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 Union actors are involved in environmental crimes taking place outside of the Union, Member States should introduce so-called universal jurisdiction for serious environmental crimes, in particular when it comes to ecocide. In the event of a conflict of jurisdiction among two or more Member States, and pending the resolution of the conflict, Member States should still adopt all the necessary precautionary measures to prevent a damage to the environment or the further deterioration of an existing damage affecting their territory.
Amendment 139 #
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. A procedure should also be established to update automatically the list of criminal offences in this Directive as environmental legislation develops. Provisions on sanctions should be strengthened in order to enhance their deterrent effect as well as the enforcement chain in charge of detecting, investigating, prosecuting and adjudicating environmental criminal offences.
Amendment 140 #
Proposal for a directive
Recital 5
Recital 5
(5) 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. The Commission should develop sentencing guidelines that will assist the Member States in the harmonisation of sanction types and levels as per the provisions of this Directive, and help ensure that sanctions for the offences are effective, dissuasive and proportionate, and where appropriate identical among the Member States, and that perpetrators who are convicted and subjected to sanctions do not profit from their illegal activities.
Amendment 140 #
Proposal for a directive
Recital 24
Recital 24
(24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, people and civil society organisations perform a service of public interest and play a key role in exposing and preventing such breaches, and thus safeguarding the environment and 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 144 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) Environmental defenders who directly protect ecosystems are also often on the front line of the consequences of environmental crime worldwide, including in the Union1a. They may be directly threatened, intimidated, persecuted, harassed or even murdered by perpetrators, and as such should also benefit from balanced and effective protection. The Union's support for the establishment of an independent special rapporteur on environmental rights defenders under the Aarhus Convention, and consequently for the establishment of protection measures, is also a way to better fight environmental crime. _________________ 1a Global Witness (2021), Front line of defence Report.
Amendment 145 #
Proposal for a directive
Recital 24 b (new)
Recital 24 b (new)
(24b) By monitoring, raising awareness and educating on the issues and consequences of environmental crime, non-governmental organisations play a key role ineffectively combating environmental crime and better preventing criminal behaviour.
Amendment 146 #
Proposal for a directive
Recital 24 c (new)
Recital 24 c (new)
(24c) Environmental defenders and non- governmental organisations may also be subject to abusive lawsuits and threats, and should be protected from such abusive practices, also known as "Strategic lawsuits against public participation"1a. [Add a reference of the Directive of the European Parliament and of the Council on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings ("Strategic lawsuits against public participation", once it is adopted] _________________ 1a European Parliament resolution of 11 November 2021 on strengthening democracy and media freedom and pluralism in the EU: the undue use of actions under civil and criminal law to silence journalists, NGOs and civil society (2021/2036(INI)).
Amendment 147 #
Proposal for a directive
Recital 25
Recital 25
(25) Other natural or legal persons may also possess valuable information concerning potential environmental criminal offences. They may binclude members of the community affected, civil society organisations, or members of society at large taking an active part in protecting the environment. Such persons who report environmental crimes as well as persons who cooperate with the enforcement of such offences should be provided the necessary protection, support and assistance in the context of criminal proceedings, so that they are not disadvantaged for their cooperation but supported and assisted. These persons should also be protected from being harassed or unduly prosecuted for reporting such offences or their cooperation in the criminal proceedings.
Amendment 150 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) The Commission should create a reporting system allowing natural or legal persons across the Union to denounce environmental offences anonymously, and ensure that there is an appropriate follow up to serious allegations of criminal offences by the concerned Member State.
Amendment 151 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to cover all forms of environmental crimes, and in line with existing legislation in different national criminal law systems, Member States should criminalise autonomous categories of environmental offences by creating an offence of endangering the environment when a conduct directly or indirectly exposes the environment to an immediate risk of substantial damage or when, knowingly, a conduct causes a substantial damage to the environment. Criminal law has its own characteristics which make it more dissuasive than administrative law, especially in terms of applicable sanctions.
Amendment 151 #
Proposal for a directive
Recital 26
Recital 26
(26) SConsidering the intrinsic value of nature and since nature cannot represent itself as a victim in criminal proceedings, for the purpose of effective enforcement members of the public concerned, as defined in this Directive taking into account Articles 2(5) and 9(3) of the Aarhus Convention26 , should have the possibility to act on behalf of the environment as a public goodnatural common, within the scope of the Member States’ legal framework and subject to the relevant procedural rules. , and also have the right to bring actions before the courts aimed at obtaining ecological and environmental restoration. In order to ensure respect for the right to an effective remedy enshrined in Article 47 of the Charter of Fundamental Rights and Article 9(3) of the Aarhus Convention, obstacles to access to justice should be limited by reducing the length and cost of proceedings for victims of environmental damage, increasing the powers of the courts to order effective compensation, and extending the possibility for members of the public to participate in proceedings as civil parties. _________________ 26 United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters.
Amendment 152 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
Amendment 153 #
Proposal for a directive
Recital 9
Recital 9
(9) The environment shouldis threatened daily by destruction and deterioration, seriously endangering natural and human systems around the world but also increasingly in the EU. The environment should thus 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 resourc, ecosystems and species population- as well as functions and services provided by natural resources, and their interactions as well as respect for planetary boundaries.
Amendment 153 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) The role of environmental non- governmental organisations in representing the interests of victims and bringing legal actions should also be recognised and therefore their role in criminal proceedings should be enhanced. Because they act in defence of the environment, because they are spokespersons for potential victims of environmental offences, these organisations should be able to act as civil parties in the event of prosecution of environmental offences. In the absence of identifiable victims, their role is all the more important to defend the direct voice of ecosystems and to seek redress for environmental damage.
Amendment 154 #
Proposal for a directive
Recital 26 b (new)
Recital 26 b (new)
Amendment 155 #
Proposal for a directive
Recital 26 c (new)
Recital 26 c (new)
(26c) The Commission should encourage Member States to take any initiative facilitating access to justice for members of the public, including the establishment of local Centres specialised in access to justice and environmental issues.
Amendment 156 #
Proposal for a directive
Recital 26 d (new)
Recital 26 d (new)
(26d) Member States should establish at national level a High Authority for Planetary Boundaries. This independent administrative authority should be a body for information, exchange and expertise on strategic issues related to the protection and respect of planetary boundaries. To this end, the High Authorities should organise regular consultations with other consultation and reflection bodies whose missions are related to environmental protection as well as establishing a platform for alerting the State or to the organs of justice in the event of a proven or future danger.
Amendment 157 #
Proposal for a directive
Recital 10
Recital 10
(10) The acceleration of climate change, biodiversity loss and environmental degradation, as exemplified by exceedance of six of the nine planetary boundaries, 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 and justice. 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 order to add to the categories of criminal offences also the new serious breaches of Union environmental law. In such cases, the amendment of the Directive should be limited to the incorporation of new criminal offences, and only concern Article 3 and related provisions of the Directive, in order to reflect this incorporation only.
Amendment 157 #
Proposal for a directive
Recital 28
Recital 28
(28) The effective functioning of the enforcement chain depends on a range of specialist skills. As the complexity of the challenges posed by environmental offences and the technical nature of such crime require a multidisciplinary approach, a high level of legal knowledge, technical expertise and financial support as well as a high level of training and specialisation within all relevant competent authorities are necessary. Member States should provide training appropriate to the function of those who detect, investigate, prosecute or adjudicate environmental crime. To maximise the professionalism and effectiveness of enforcement chain, Member States should also consider to establish and assigning specialised investigation units, prosecutors and criminal judges to deal with environmental criminal cases. General criminal courts could provide for specialised chambers of judges. Technical expertise and financial support should be made available to all relevant enforcement authorities.
Amendment 164 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Environmental crimes can be perpetrated by a range of actors, from individuals, small groups, companies and corporations, corrupt government individuals, organised criminal networks, and often a combination of all these1a. Large multinational corporations may exploit and damage the environment in order to generate more profit or reduce their costs, including through natural resource exploitation, pollution crimes and hazardous waste disposal. _________________ 1a UNEP (2018), The State of Knowledge of Crimes that have Serious Impacts on the Environment, p. IX.
Amendment 164 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) The Commission, Europol and Eurojust should support and develop a more institutionalised structure for existing networks of practitioners such as the European Environmental Prosecutors' Network (EEPN) and the European Union Forum of Judges for the Environment (EUFJE) with the participation of all stakeholders and work to strengthen the work of the informal environmental crime network ("EnviCrimeNet").
Amendment 165 #
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 Union should consider extending the mandate of the European Public Prosecutor's Office to the criminal offences defined in this Directive. Given the high financial impact of environmental offences, their potential link with other serious financial crimes, as well as their cross-border nature, the European Public prosecutor would be best placed to exert its competences on the most serious environmental crimes with a cross-border dimension. An extension of the mandate of the European Public Prosecutor's Office to cover serious environmental crime with a cross-border dimension by a decision of the European Council in accordance with Article 86(4) TFEU is therefore necessary. The European Public Prosecutor's Office 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 166 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) Due to its global impact and cross- border nature, the Union 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 Union and its Member States have a key role and responsibility in this regard.
Amendment 169 #
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. When such conduct is observed within public administration, it is essential to be able to bring the matter before the courts and apply criminal sanctions.
Amendment 169 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning the definition of environmental criminal offences and sanctions as well as means and resources in order to combat environmental crime and to properly enforce environmental legislation in order to protect the environment more effectively.
Amendment 172 #
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 reinstate the environment, exclusion from access to public funding, including tender procedures, grants and concessions and, withdrawal of permits and authorisations and making sentences public. The Commission should present, within one year after entry into force of this Directive, guidance classifying sanctions for national competent authorities, prosecutors and judges. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases.
Amendment 174 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) Union legislation and principles, which irrespective of its legal basis contributes to the pursuit of the objectives of Union policy of protecting the environment as set out in the Treaty on the Functioning of the European Union;
Amendment 175 #
Proposal for a directive
Recital 15
Recital 15
(15) Where national law provides for it, lLegal persons should also be held criminally liable for environmental criminal offences according to this Directive. Like natural persons, legal persons who are perpetrators, instigators or accomplices in offences must be held responsible and subject to criminal proceedings. 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 and where possible identical sanctions types and levels as laid down in this Directive in order to achieve its objectives. Financial situation of legal persons should be taken into account to ensure the dissuasiveness of the sanction imposed, the direct and indirect environmental consequences in the short, medium and long term as well as, if applicable, the irreversible nature of the environmental damage should be taken into account to ensure the dissuasiveness of the sanction imposed. Finally, the level of criminal sanctions applicable to legal persons for other categories of offences should be taken into account.
Amendment 177 #
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 country where the conduct was carried out by a Union citizen or a legal person established in the Union, when the authorisation was illegal, or obtained fraudulently or by corruption, extortion or coercion;
Amendment 178 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
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 181 #
(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 182 #
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 and could have substantial or even irreversible consequences on the environment, they should be brought to an end as soon as possible on the basis of the precautionary and preventive principles enshrined in Article 191(2) TFEU. Therefore the Commission encourages Member States to establish a mechanism at national level to deal with cases in an accelerated procedure where there is a risk of irreversible or substantial damage to the environment. Where offenders have made financial gains, such gains should be confiscated. These financial gains should be used to repair damages caused to the environment, to compensate victims and to finance measures aimed at combating similar crimes.
Amendment 185 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘public concerned’ means the persons affected or likely to be affected by the offences referred to in Articles 3 or 4. For the purposes of this definition, persons having a sufficient interest or maintaining the impairment of a right as well as non- governmental organisations, associations or groups promoting the protection of the environment and meeting any proportionateof human rights, and meeting any requirements under national law, shall be deemed to have an interest;
Amendment 186 #
Proposal for a directive
Recital 19
Recital 19
(19) Member States should lay down rules concerning limitation periods necessary and adapted to the specificities of environmental damage, the occurrence of which is often spread over time, 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. Member States shall also ensure that special measures of limitation may be applied in the case of concealment of an offence, i.e. where the offender has prevented its discovery. In this case, the time limit shall run only from the day when the offence could be established under conditions that allow prosecution.
Amendment 188 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘victim’ has the meaning attributed to it in Article 2(1) point (a) of Directive 2012/29/EU of the European Parliament and of the Council32 . _________________ 32 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, (OJ L 315, 14.11.2012, p. 57–73)means: (i) natural persons, including future generations, who, individually or collectively, have suffered or are likely to suffer harm, including physical, mental or emotional harm, economic loss, loss of culture, traditions, traditional knowledge associated with genetic resources, or substantial impairment or abuse of their human rights which was directly caused by the environmental criminal offences; (ii) relatives of a person whose death was directly caused by an environmental criminal offence and who have suffered harm as a result of that person’s death; (iii) legal persons who have suffered or are likely to suffer loss, including economic loss; (iv) the environment which has suffered or is likely to suffer the harm directly or indirectly caused by the environmental criminal offences.
Amendment 190 #
Proposal for a directive
Recital 21
Recital 21
(21) Member States should define the scope of administrative and criminal law enforcement clearly with regard to environmental offences according to their national law. Criminal proceedings and related sanctions should be fully separate and independent from administrative proceedings and sanctions. In the application of national law transposing this Directive, Member States should ensure that the imposition of criminal sanctions and of administrative sanctions respects the principles of the Charter of Fundamental Rights of the European Union, including the prohibition of ne bis in idem.
Amendment 192 #
Proposal for a directive
Recital 22
Recital 22
(22) Furthermore, judicial and administrative authorities in the Member States should have at their disposal a range of criminal sanctions and other measures to address different types of criminal behaviour in a tailored and effective manner. With regard to financial sanctions, these authorities must take into account the financial situation of legal persons and in particular the turnover but also the illegal gains resulting from the realisation of the damage.
Amendment 194 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
Amendment 195 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 e (new)
Article 2 – paragraph 1 – point 5 e (new)
(5e) ‘One Health Approach’ means an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent;
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 199 #
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 negligently:
Amendment 200 #
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 harm to human health or 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 201 #
Proposal for a directive
Recital 24
Recital 24
(24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, people and civil society organisations perform a service of public interest and play a key role in exposing and preventing such breaches, and thus safeguarding the environment and 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 205 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
Amendment 206 #
Proposal for a directive
Recital 24 b (new)
Recital 24 b (new)
(24b) By monitoring, raising awareness and educating on the issues and consequences of environmental crime, non-governmental organisations play a key role in effectively combating environmental crime and better preventing criminal behaviour.
Amendment 207 #
Proposal for a directive
Recital 24 c (new)
Recital 24 c (new)
(24c) Environmental defenders may also be subject to abusive lawsuits and threats, and should be protected from such abusive practices, also known as "Strategic lawsuits against public participation"1a. [Add a reference of the Directive of the European Parliament and of the Council on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings ("Strategic lawsuits against public participation", once it is adopted] _________________ 1a European Parliament resolution of 11 November 2021 on strengthening democracy and media freedom and pluralism in the EU: the undue use of actions under civil and criminal law to silence journalists, NGOs and civil society (2021/2036(INI)).
Amendment 207 #
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 animals or plants as a result of the product's use on a larger scale; biodiversity, ecosystems services and functions, or 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, including the combined effects of a number of products placed on the market;
Amendment 208 #
Proposal for a directive
Recital 25
Recital 25
(25) Other natural or legal persons may also possess valuable information concerning potential environmental criminal offences. They may be members of the community affected, non- governmental organisations or members of society at large taking an active part in protecting the environment. Such persons who report environmental crimes as well as persons who cooperate with the enforcement of such offences should be provided the necessary support and assistance in the context of criminal proceedings, so that they are not disadvantaged for their cooperation but supported and assisted. notably financially. These persons should also be protected from being harassed or unduly prosecuted for reporting such offences or their cooperation in the criminal proceedings.
Amendment 210 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) In order to further strengthen the role of civil society in the criminal justice system, the European Commission should encourage the European Ombudsperson to work closely with EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor's Office and the European Anti-Fraud Office (OLAF), in their respective areas of competence.
Amendment 211 #
Proposal for a directive
Recital 26
Recital 26
(26) SConsidering the intrinsic value of nature and since nature cannot represent itself as a victim in criminal proceedings, for the purpose of effective enforcement members of the public concerned, as defined in this Directive taking into account Articles 2(5) and 9(3) of the Aarhus Convention26 , should have the possibility to act on behalf of the environment as a public goodnatural common, within the scope of the Member States’ legal framework and subject to the relevant procedural rules. In order to ensure respect for the right to an effective remedy enshrined in Article 47 of the Charter of Fundamental Rights and Article 9(3) of the Aarhus Convention, obstacles to access to justice should be limited by reducing the length and cost of proceedings for victims of environmental damage, increasing the powers of the courts to order effective compensation, and extending the possibility for members of the public to participate in proceedings as civil parties. _________________ 26 United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters.
Amendment 212 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) The role of environmental non- governmental organisations in representing the interests of victims and bringing legal actions should also be recognised and therefore their role in criminal proceedings should be enhanced. Because they act in defence of the environment, because they are spokespersons for potential victims of environmental offences, these organisations should be able to act as civil parties in the event of prosecution of environmental offences. In the absence of identifiable victims, their role is all the more important to defend the direct voice of ecosystems and to seek redress for environmental damage.
Amendment 213 #
Proposal for a directive
Recital 26 b (new)
Recital 26 b (new)
(26b) The European Commission should also commit to developing guidelines under this Directive to specify the procedural framework for the participation of members of the public in the criminal prosecution of environmental offences, including the definition of easily accessible admissibility criteria. The Commission could draw, for example, inspiration from legislation already in place in certain Member States, such as Spain, where criminal proceedings are public and can be brought by any citizen, thus becoming an accusatory party in the criminal proceedings.
Amendment 214 #
Proposal for a directive
Recital 26 c (new)
Recital 26 c (new)
(26c) The Commission should encourage Member States to take any initiative facilitating access to justice for members of the public, including the establishment of local centres specialised in access to justice and environmental issues.
Amendment 214 #
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 use in production processes and their incorporation into articles, when:
Amendment 215 #
Proposal for a directive
Recital 26 d (new)
Recital 26 d (new)
(26d) Member States should establish at national level a High Authority for Planetary Boundaries. This independent administrative authority should be a body for information, exchange and expertise on strategic issues related to the protection and respect of planetary boundaries. To this end, the High Authorities should organise regular consultations with other consultation and reflection bodies whose missions are related to environmental protection as well as establishing a platform for alerting the State or to the organs of justice in the event of a proven or future danger.
Amendment 216 #
Proposal for a directive
Recital 28
Recital 28
(28) The effective functioning of the enforcement chain depends on a range of specialist skills. As the complexity of the challenges posed by environmental offences and the technical nature of such crime require a multidisciplinary approach, a high level of legal knowledge, technical expertise and financial support as well as a high level of training and specialisation within all relevant competent authorities are necessary. Member States should provide training appropriate to the function of those who detect, investigate, prosecute or adjudicate environmental crime. To maximise the professionalism and effectiveness of enforcement chain, Member States should also consider assigning specialised investigation units, prosecutors and criminal judges to deal with environmental criminal cases. General criminal courts could provide for specialised chambers of judges. Technical expertise and financial support should be made available to all relevant enforcement authorities.
Amendment 216 #
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 217 #
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 harm to human health or 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 219 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) The Commission, Europol and Eurojust should support and develop a more institutionalised structure for existing networks of practitioners such as the European Environmental Prosecutors' Network (EEPN) and the European Union Forum of Judges for the Environment (EUFJE) with the participation of all stakeholders and work to strengthen the work of the informal environmental crime network ("EnviCrimeNet").
Amendment 219 #
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 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 220 #
Proposal for a directive
Article 3 – paragraph 1 – point c b (new)
Article 3 – paragraph 1 – point c b (new)
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 221 #
Proposal for a directive
Article 3 – paragraph 1 – point c c (new)
Article 3 – paragraph 1 – point c c (new)
(cc) deliberate release into the environment of, cultivation of and placing on the market of genetically modified organisms when these activities are not in compliance with the requirements set down in Directive 2001/18/EC of the European Parliament and of the Council, Regulation (EC) No 1829/2003 of the European Parliament and of the Council, and Directive 2009/41/EC of the European Parliament and of the Council and when these activities cause or are likely to cause substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 222 #
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 and make available online to the public relevant statistical data on environmental offences. T, in particular specifying the sanctions imposed on the authors of offences. In order to facilitate the work of civil society actors, and in particular environmental non-governmental organisations, Member States should set up a public platform at national level to collect data on environmental crime. At European level, the Commission should regularly assess and publish the results based on the data transmitted by the Member States.
Amendment 223 #
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/EEC1a 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 224 #
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 authorised 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 225 #
Proposal for a directive
Recital 33
Recital 33
(33) The statistical data collected under this Directive on environmental offences should be comparable between the Member States and collected on the basis of common minimum standards. In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission to define the standard format for statistical data transmission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council27 . These data aggregated at European level shall be available on a country-by-country basis according to the categories of information referred to in paragraph 2 of Article 21 of this Directive, under the supervision of Eurostat. _________________ 27 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 228 #
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 229 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning the definition of environmental criminal offences and sanctions in orderas well as means and resources in order to combat environmental crime and to protect the environment more effectively.
Amendment 229 #
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 231 #
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 damageharm to human health or 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 237 #
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(8) of 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, 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 241 #
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 damageharm to human health or 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 244 #
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 damageharm to human health or 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 246 #
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 3 – paragraph 1 – point k a (new)
Article 3 – paragraph 1 – point k a (new)
Amendment 252 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘public concerned’ means the persons affected or likely to be affected by the offences referred to in Articles 3, 3a or 4. For the purposes of this definition, persons having a sufficient interest or maintaining the impairment of a right as well as non- governmental organisations promoting the protection of the environment and meeting any proportionate requirements under national law shall be deemed to have an interest;
Amendment 252 #
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 IV and V (whenA, Band C 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 257 #
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 B, limitedly to imports, in Annex 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 258 #
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 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 and becomes applicable, before this Directive, point (n) to be replaced with a criminal offence within the scope‘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, in violation of Articles 3, 3a, 4 and 4a 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 259 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘wanton’ means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated;
Amendment 261 #
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, within the meaning of Article 6(2) of the Directive 92/43/EEC, when this deterioration is significant or the significant disturbance of a species for which the site has been designated, in accordance with Article 6(2) of the Directive 92/43/EEC, or any other site implementing the EU Biodiversity Strategy for 2030 or Union nature restoration law;
Amendment 262 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
(5b) ‘severe’ means damage which involves very serious adverse changes, disruption or harm to any element of the environment, including grave impacts on human life, or natural, cultural or economic resources;
Amendment 263 #
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 damageharm to human health or 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 268 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 c (new)
Article 2 – paragraph 1 – point 5 c (new)
(5c) ‘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 271 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 d (new)
Article 2 – paragraph 1 – point 5 d (new)
Amendment 273 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 e (new)
Article 2 – paragraph 1 – point 5 e (new)
(5e) ‘environment’ means the earth, its biosphere, cryosphere, lithosphere, hydrosphere and atmosphere, as well as outer space, including the integrity of all the biotic and abiotic elements of an ecosystem, their functions, services and mutual interactions and the planetary boundaries.
Amendment 273 #
Proposal for a directive
Article 3 – paragraph 1 – point r a (new)
Article 3 – paragraph 1 – point r a (new)
(ra) ecocide as defined in Article 2, paragraph 1, point (1a) and in Article 3a;
Amendment 274 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 f (new)
Article 2 – paragraph 1 – point 5 f (new)
(5f) ‘planetary boundaries’, means the nine planetary life-support systems identified as part of the planetary boundaries framework: climate change, biosphere integrity (covering functional and genetic diversity), land system changes, freshwater use, biogeochemical flows (nitrogen and phosphorus), ocean acidification, atmospheric aerosol pollution, stratospheric ozone depletion and novel entities1a. _________________ 1a EEA report. file:///C:/Users/jsprackett/Downloads/TH- AL-20-006-EN- N%20Is%20Europe%20living%20within. pdf
Amendment 274 #
Proposal for a directive
Article 3 – paragraph 1 – point r b (new)
Article 3 – paragraph 1 – point r b (new)
(rb) the significant harm of the environment in case of public or private investments when severely disrespecting the 'do no significant harm' principle within the meaning of Article 17 of the Taxonomy regulation;
Amendment 275 #
Proposal for a directive
Article 3 – paragraph -1 (new)
Article 3 – paragraph -1 (new)
Amendment 275 #
(rb) extraction, exploitation, exploration, use, transformation, transportation, trade or storage of mineral resources, in contravention of the national or international law;
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 276 #
Proposal for a directive
Article 3 – paragraph 1 – point r c (new)
Article 3 – paragraph 1 – point r c (new)
(rc) the environmental damage to forests, including through committing forest fires intentionally or due to a lack of due diligence and the disrespect of the sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels in Article 29 of (RED III - recast);
Amendment 277 #
Proposal for a directive
Article 3 – paragraph 1 – point r c (new)
Article 3 – paragraph 1 – point r c (new)
Amendment 279 #
Proposal for a directive
Article 3 – paragraph 1 – point r e (new)
Article 3 – paragraph 1 – point r e (new)
(re) the damage of the environment as defined in Directive 2004/35/CE on environmental liability with regard to the prevention and remedying of environmental damage;
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 280 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States shall ensure that the following conduct constitutes a criminal offence: (i) A conduct that negatively affects the climate or the environment, including water, air, soil, biodiversity, habitats, ecosystem services and functions or their vitality, resilience and mutual interactions, or the health or well-being of people and animal health and welfare: the severity of which shall be considered in the light of the harm caused. (ii) A conduct, which, directly or indirectly, exposes the environment or relevant human rights to an immediate risk of substantial damage. The awareness that the conduct could cause or is likely to cause substantial damage, should be regarded as an aggravating circumstance.
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 283 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall ensure that the conduct referred to in paragraph 1, points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (m), (n), (p) (ii), (q), (r) and 1a also constitutes a criminal offence, when committed with at least serious negligence.
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 288 #
Proposal for a directive
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. 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 or likely damage is substantial for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraphs 1, points (a) to (e), (i), (j), (k) and (p)1a:
Amendment 289 #
Proposal for a directive
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) severity and spread of the damage based on a nomenclature (or classification of environmental damage), dedicated to judicial use only, describing the ecological, environmental or social value of the supplied ecosystem or of specimen of wildlife affected or killed;
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 292 #
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Article 3 – paragraph 3 – point e a (new)
(ea) the financial benefits derived from the damage caused by the perpetrators;
Amendment 293 #
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Article 3 – paragraph 3 – point e a (new)
(ea) the duration of the infringement or non-compliance;
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 297 #
Proposal for a directive
Article 3 – paragraph 1 – point c c (new)
Article 3 – paragraph 1 – point c c (new)
(cc) deliberate release into the environment of, cultivation of and placing on the market of genetically modified organisms when these activities are not in compliance with the requirements set out in Directive 2001/18/EC of the European Parliament and of the Council, Regulation (EC) No 1829/2003 of the European Parliament and of the Council, and Directive 2009/41/EC of the European Parliament and of the Council and when these activities cause or are likely to cause substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 297 #
Proposal for a directive
Article 3 – paragraph 3 – point e c (new)
Article 3 – paragraph 3 – point e c (new)
(ec) the conservation status of the species, population or habitats affected;
Amendment 300 #
Proposal for a directive
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account when assessing whether the activity is likely to cause 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 for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraphs 1, points (a) to (e), (i), (j), (k) and (p)1a:
Amendment 302 #
Proposal for a directive
Article 3 – paragraph 4 – point b a (new)
Article 3 – paragraph 4 – point b a (new)
(ba) the duration of the infringement or non-compliance;
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 304 #
Proposal for a directive
Article 3 – paragraph 4 – point c a (new)
Article 3 – paragraph 4 – point c a (new)
(ca) the consequences for human health and the violation of human rights of persons, groups or local communities;
Amendment 306 #
Proposal for a directive
Article 3 – paragraph 5 – point b
Article 3 – paragraph 5 – point b
(b) the extent to which the regulatory threshold, value or another mandatory parameter or hazardousness and toxicity threshold is exceeded;
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 309 #
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 offense;
Amendment 311 #
Proposal for a directive
Article 3 – paragraph 5 – point d b (new)
Article 3 – paragraph 5 – point d b (new)
(db) whether or not the offense was committed by an organised criminal group.
Amendment 312 #
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. For the offences mentioned in this Article and in line with Article25(3), Member States shall continuously ensure that new and updated legislation at Union, national and regional level regarding these offences is duly taken into account.
Amendment 313 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 315 #
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 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 320 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall ensure that the CEO of undertakings can be prosecuted independently as a natural person if they have committed the offences referred to in Articles 3 and 4, irrespective of whether the undertaking as a legal person is also being prosecuted.
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 334 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
Amendment 343 #
Proposal for a directive
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
(b) fines proportionate to the gravity and duration of the damage caused to the environment as well as to the financial benefits accrued by committing the offence;
Amendment 348 #
Proposal for a directive
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) temporary or permanent exclusions from access to public funding, including tender procedures, grants and concessions, including in other Member States;
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 349 #
Proposal for a directive
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) temporary or permanent exclusions from access to public funding, including tender procedures, grants and, concessions and licenses;
Amendment 351 #
Proposal for a directive
Article 5 – paragraph 5 – point d
Article 5 – paragraph 5 – point d
(d) disqualification from directing establishments of the type used for committing the offence, including in other Member States;
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 352 #
Proposal for a directive
Article 5 – paragraph 5 – point d
Article 5 – paragraph 5 – point d
(d) disqualification from functions or from directing establishments of the type used for committing the offence;
Amendment 354 #
Proposal for a directive
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
(e) withdrawal of permits and authorisations to pursue activities which have resulted in committing the offence, including in other Member States;
Amendment 359 #
Proposal for a directive
Article 5 – paragraph 5 – point g a (new)
Article 5 – paragraph 5 – point g a (new)
(ga) reimbursement of costs incurred by third parties who have investigated, reported or sued the offender;
Amendment 361 #
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 363 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 366 #
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 368 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall ensure that the conduct referred to in paragraph 1, points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (l), (m), (n), (o), (p) (ii), (q), (r) also constitutes a criminal offence, when committed with at least serious negligence.
Amendment 369 #
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 370 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall ensure that legal persons that commit an offence referred to in Articles 3 and 4 are liable under civil law to repair damages suffered by victims as a result of that offence;
Amendment 371 #
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, if applicable, 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 375 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. Member States shall prohibit the trading of corporate liability for individual liability and ensure that corporate liability of a legal person may be transferred to the successor company.
Amendment 377 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) is punishable by effective, proportionate and dissuasive sanctions. Where possible, these sanctions shall be identical across Member States. The level of sanctions shall be graduated, reflecting the degree of severity and duration of the environmental consequences.
Amendment 380 #
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) criminal or non-criminal fines, proportionate to the gravity and duration of the damage caused to the environment as well as to the financial benefits accrued by committing the offence;
Amendment 383 #
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Article 3 – paragraph 3 – point e a (new)
(ea) the conservation status of the species affected and the habitat affected.
Amendment 386 #
Proposal for a directive
Article 3 – paragraph 3 – point e b (new)
Article 3 – paragraph 3 – point e b (new)
(eb) the financial benefits gained by committing the offence;
Amendment 388 #
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) exclusion from entitlement to public benefits or aid, including in other Member States;
Amendment 390 #
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) temporary exclusion from access to public funding, including tender procedures, grants and concessions, including in other Member States;
Amendment 391 #
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) temporary exclusion from access to public funding, including tender procedures, grants and, concessions and licenses;
Amendment 392 #
Proposal for a directive
Article 3 – paragraph 4 – point c a (new)
Article 3 – paragraph 4 – point c a (new)
(ca) the consequences on human health and human rights;
Amendment 393 #
Proposal for a directive
Article 3 – paragraph 4 – point c b (new)
Article 3 – paragraph 4 – point c b (new)
(cb) the act constitutes a violation or negligence of the due diligence.
Amendment 397 #
Proposal for a directive
Article 3 – paragraph 5 – point b
Article 3 – paragraph 5 – point b
(b) the extent to which the regulatory threshold, value or another mandatory parameter or hazardousness and toxicity threshold is exceeded;
Amendment 399 #
Proposal for a directive
Article 7 – paragraph 2 – point j a (new)
Article 7 – paragraph 2 – point j a (new)
(j a) reimbursement of costs incurred by third parties who have investigated, reported or sued the offender;
Amendment 402 #
Proposal for a directive
Article 7 – paragraph 2 – point k a (new)
Article 7 – paragraph 2 – point k a (new)
(k a) removal from the European Transparency Register.
Amendment 403 #
Proposal for a directive
Article 3 – paragraph 5 – point d a (new)
Article 3 – paragraph 5 – point d a (new)
(da) for offences referred to in paragraph 1 (m), the conservation status of the species;
Amendment 408 #
Proposal for a directive
Article 3 – paragraph 5 – point d b (new)
Article 3 – paragraph 5 – point d b (new)
(db) the scale of the financial benefits gained by committing the offence;
Amendment 408 #
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 409 #
Proposal for a directive
Article 3 – paragraph 5 – point d c (new)
Article 3 – paragraph 5 – point d c (new)
(dc) whether or not the offence was committed by an organised criminal group.
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 411 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 416 #
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 Articles 3(1) and 3a are punishable as criminal offences.
Amendment 418 #
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 3a are punishable by fines, paid by the legal person committing the environmental offences, the maximum limit of which shall be not less than 30% of the total worldwide turnover of the legal person[/undertaking] in the business year preceding the fining decision.
Amendment 420 #
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), (g), (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 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the offence caused the death of, or serideath or substantial harm to human health and the violation of human rights of persons, groups injury to, a personor local communities;
Amendment 422 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that the offences referred to in Articles 3, 3a and 4 are punishable by effective, proportionate and dissuasive criminal penalties.
Amendment 424 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall ensure that the CEO of undertakings can be prosecuted independently as a natural person if they have committed the offences referred to in Articles 3, 3a and 4, irrespective of whether the undertaking as a legal person is also being prosecuted.
Amendment 425 #
Proposal for a directive
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) the offence involved the use of false or forged documents or was committed under an authorisation that is illegal, obtained fraudulently or by corruption, extortion or coercion;
Amendment 426 #
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 Articles 3 and 3a 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.
Amendment 429 #
Proposal for a directive
Article 8 – paragraph 1 – point j
Article 8 – paragraph 1 – point j
(j) the offender actively obstructs inspection, custom controls or investigation activities, destroys any available evidence, or intimidates or interferes with witnesses or complainants.;
Amendment 434 #
Proposal for a directive
Article 8 – paragraph 1 – point j c (new)
Article 8 – paragraph 1 – point j c (new)
(j c) the offence caused the extensive and avoidable suffering of animals.
Amendment 437 #
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 develop alternative measures to imprisonment in order to contribute to the restoration of the environment.
Amendment 438 #
Proposal for a directive
Article 5 – paragraph 4 b (new)
Article 5 – paragraph 4 b (new)
4b. Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3, 3a and 4 are liable to a proportionate fine.
Amendment 438 #
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 when such restoration is possible and the relevant activity has been carried out voluntarily and before the beginning of the criminal proceeding;
Amendment 439 #
Proposal for a directive
Article 5 – paragraph 5 – introductory part
Article 5 – paragraph 5 – introductory part
5. Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3, 3a and 4 may be subject to additional sanctions or measures which shall include:
Amendment 442 #
Proposal for a directive
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) obligation to reinstate the environment within a given time period and to compensate for the damage caused;
Amendment 442 #
Article 9 a Precautionary measures 1. Member States shall take the necessary measures to ensure that their competent authorities may order the immediate cessation of the unlawful conducts referred to in Articles 3 and 4 of this Directive, or impose measures to prevent the execution of such conducts, in order to avert a damage to the environment. 2. Member States shall ensure that the precautionary measures referred to in paragraph 1 may be adopted upon request of the authorities responsible for the detection, investigation and prosecution of the offences referred to in Articles 3 and 4 of this Directive, and by the public concerned.
Amendment 443 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall take the necessary measures to ensure, as appropriate, that their competent authorities may, even after final conviction, trace, identify, freeze or confiscate, in accordance with Directive 2014/42/EU of the European Parliament and of the Council58 , the proceeds derived from and instrumentalities used or intended to be used in the commission or contribution to the commission of the offences as referred to in this Directive. Member States shall take the necessary measures to ensure that frozen and confiscated proceeds and instrumentalities are appropriately managed, in line with their nature, and, where possible, used to finance reparations. Member States shall take the necessary measures enabling the use of those assets to: (a) finance the restoration of the environment; (b) repair the damages caused and compensate victims; (c) finance the housing and care of confiscated live animals, or sustain their management by public entities for educational and conservation purposes; (d) cover the costs associated with the destruction of confiscated wildlife products, or with the combating of similar crimes. _________________ 58 Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ L 127, 29.4.2014, p. 39).
Amendment 446 #
Proposal for a directive
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
(b) fines proportionate to the gravity and duration of the damage caused to the environment as well as to the financial benefits accrued by committing the offence;
Amendment 448 #
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 commissiondiscovery of those criminal offences, in order for those criminal offences to be tackled effectively.
Amendment 449 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. For the investigation, prosecution, trial and adjudication with respect to the criminal offences referred in Article 3a there shall not be limitation period.
Amendment 450 #
Proposal for a directive
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
Amendment 457 #
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 ten years of imprisonment, for a period of at least ten years from the time when the offence was committdiscovered, when offences are punishable;
Amendment 461 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Natural persons who have committed the offences referred to in Article 3a shall be subject to fines which shall be at least EUR XX or X times higher
Amendment 463 #
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 six years of imprisonment, for a period of at least six years from the time when the offence was committdiscovered, when offences are punishable;
Amendment 464 #
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, 3a 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 468 #
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 by a person referred to in paragraph 1 has made possible the commission of an offence referred to in Articles 3, 3a and 4 for the benefit of the legal person by a person under its authority.
Amendment 469 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, inciters or accessories in the offences referred to in Articles 3, 3a and 4.
Amendment 470 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) is punishable by effective, proportionate and dissuasive sanctions. Where possible, these sanctions shall be identical across Member States. The level of sanctions shall be graduated, reflecting the degree of severity and duration of the environmental consequences.
Amendment 470 #
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 four years of imprisonment, for a period of at least four years from the time when the offence was committdiscovered, when offences are punishable.
Amendment 472 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Member States shall take the necessary measures to ensure that precautionary measures pending the judgment allow for the immediate cessation of the criminal activity or the obligation to reinstate the environment where there is a risk of substantial or irreversible damage to the environment.
Amendment 474 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall take the necessary measures to ensure that sanctions or measures for legal persons liable pursuant to Article 6(1) for the offences referred to in Articles 3, 3a and 4 shall include:
Amendment 479 #
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 a Member State or in a third country;
Amendment 481 #
Proposal for a directive
Article 12 – paragraph 1 – point d a (new)
Article 12 – paragraph 1 – point d a (new)
(d a) the offence is committed for the benefit of a legal person established on its territory;
Amendment 483 #
Proposal for a directive
Article 12 – paragraph 1 – point d b (new)
Article 12 – paragraph 1 – point d b (new)
(d b) the offence is committed by a public official and the public authority is established within its territory;
Amendment 484 #
(d c) the offence is committed against one of its nationals or its habitual residents;
Amendment 485 #
Proposal for a directive
Article 12 – paragraph 1 – point d d (new)
Article 12 – paragraph 1 – point d d (new)
(d d) the offence has created a severe risk for the environment on its territory.
Amendment 486 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1 a. Member States shall introduce universal jurisdiction of their courts for the prosecution and judgment of an offence referred to in Article 3a, in order to avoid the externalisation of environmental damage, where it was not committed on its territory, was committed by a foreign person, against a foreign victim, and without that State being the victim of the offence.
Amendment 488 #
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 decides to extend its jurisdiction to offences referred to in Articles 3 and 4 which have been committed outside its territory, where: Where an offence referred to in Articles 3 and 4 falls within the jurisdiction of more than one Member State, these Member States shall cooperate to determine which Member State shall conduct criminal proceedings. The matter shall, where appropriate and in accordance with Article 12 of Council Framework Decision 2009/948/JHA1a, be referred to Eurojust. _________________ 1a Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328, 15.12.2009, p. 42).
Amendment 489 #
Proposal for a directive
Article 7 – paragraph 2 – point k a (new)
Article 7 – paragraph 2 – point k a (new)
(ka) the removal from the European Transparency Register.
Amendment 490 #
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
Amendment 492 #
Amendment 493 #
Proposal for a directive
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
Amendment 495 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Amendment 497 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1 a (new)
Article 12 – paragraph 2 – subparagraph 1 a (new)
Where an offence referred to in the Articles 3 and 4 was committed in the framework of a criminal organisation, and falls within the jurisdiction of more than one Member State, the determination of which Member State shall conduct criminal proceedings shall be done in accordance with article 7 of Framework Decision 2008/841/JHA.
Amendment 498 #
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 498 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1 b (new)
Article 12 – paragraph 2 – subparagraph 1 b (new)
Where a conflict of jurisdiction arises, Member States shall nonetheless be entitled to adopt precautionary measures, as provided for in Article 9a, in order to prevent a damage to the environment or the further deterioration of an existing damage affecting that Member State.
Amendment 499 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. In cases referred to in paragraph 1, points (c) and (d), 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 500 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 500 #
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. Member State shall take the necessary measures to establish on its territory either specialised environmental courts or environmental units within existing courts to prosecute, investigate and judge the offences defined in Article 3 of this Directive.
Amendment 501 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12 a National Fund for victims’ compensation and environment’s restoration 1. Member States shall establish a national fund for the compensation of victims of environmental crimes not covered by already existing national schemes for compensation to victims of crime or by the provisions of Directive 2004/80/EC. 2. The fund provided for in paragraph 1 shall also be dedicated to the financing of environmental and ecological restoration, besides the restoration’s obligations foreseen in Articles 5 and 7 of this Directive. 3. The fund shall be financed inter alia through criminal fines and damage compensations foreseen in Articles 5 and 7 of this Directive and, where applicable, through the proceeds derived from and instrumentalities used or intended to be used in the commission or contribution to the commission of the offence that have been confiscated in accordance with Article 10 of this Directive.
Amendment 502 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall take the necessary measures to ensure that protection is granted to any natural person under Directive (EU) 2019/1937, ias applicable towell as legal persons reporting criminal offences referred to in Articles 3 and 4 of this Directive.
Amendment 503 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall take the necessary measures to ensure that persons reporting offences referred to in Articles 3 and 4 of this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessary support and assistance in the context of criminal proceedings, including sufficient financial support.
Amendment 504 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall take the necessary measures to ensure that natural and legal persons reporting offences referred to in Articles 3 and 4 of this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessary protection, support and assistance in the context of criminal proceedings.
Amendment 506 #
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 3a are punishable by fines, paid by the legal person committing the environmental offences, the maximum limit of which shall be comprised between 15 and 30% of the total worldwide turnover of the legal person[/undertaking] in the business year preceding the fining decision.
Amendment 506 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Member States shall take the necessary measures to ensure that natural and legal persons reporting criminal offences referred to in Articles 3 and 4 of this Directive are protected from strategic lawsuits against public participation.
Amendment 507 #
Proposal for a directive
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2 b. The Commission shall create a platform to enable persons to report environmental offences anonymously. This platform shall also allow persons to inform about how the concerned Member States have dealt with the environmental offence. The Commission shall actively follow up on serious allegations with the concerned Member States, and shall publish regularly on the received reports.
Amendment 509 #
Proposal for a directive
Article 14 – title
Article 14 – title
Rights for the public concerned to participate in proceedingsto information, participation and access to justice for the public
Amendment 510 #
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Member States shall provide for the creation of a national fund dedicated to the financing of environmental decontamination, remediation or restoration, which should be financed by administrative and criminal fines paid by the author of environmental offences.
Amendment 510 #
Proposal for a directive
Article 14 – paragraph -1 (new)
Article 14 – paragraph -1 (new)
-1 Member States shall ensure that the following information is considered to be in the public interest and is made public and easily accessible : (a) the state of all cases prosecuted under this Directive, the final judgments, and the level of sanctions imposed by the judge ; (b) complaints submitted under this Directive ; (c) information enabling the public concerned to know the progress of the proceedings, unless, in exceptional cases, the proper handling of the case may be jeopardised by such sharing of information; (d) the arrangements for intervention in proceedings for the offences referred to in Articles 3 and 4.
Amendment 511 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that, in accordance with their national legal system, members of the public concerned have appropriate rights to bring complaints and to participate in proceedings concerning offences referred to in Articles 3 and 4, for instance as a civil party. Member States shall encourage any initiative facilitating access to justice for members of the public, including in the establishment of local Centres specialising in access to justice and environmental issues.
Amendment 512 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
In so far as the following circumstances do not already form part of the constituent elements of the criminal offences referred to in Article 3, Member States shall take the necessary measures to ensure that, in relation to the relevant offences referred to in Articles 3, 3a and 4, the following circumstances may be regarded as aggravating circumstances:
Amendment 516 #
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 conservation of populations of wild animal or plant species covered by Council Regulation (EC) No 338/97, Council Directive 92/43/EC and Directive 2009/147/EC of the European Parliament and of the Council;
Amendment 516 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Member States shall ensure that, in the absence of identifiable victims, members of the public concerned whose rights and interests have been affected or are likely to be affected by the offences referred to in Articles 3 and 4, as well as non-governmental organisations, associations or groups promoting the protection of the environment and human rights, have the possibility to bring actions or to participate in proceedings, to defend the direct voice of ecosystems.
Amendment 518 #
Proposal for a directive
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1b. Member States shall provide for measures to reduce obstacles to the right to an effective remedy, in particular the reduction of the length and cost of proceedings, thereby facilitating access to justice for members of the public concerned, including access to legal aid. Member States can make use of the resources of the Fund provided for in Article 12a to this purpose. Member States shall ensure a fair, equitable and timely procedure, non-prohibitive costs and the right to be defended or represented in court. Member States shall establish networks of environmental lawyers who can assist members of the public, including non-governmental organisations, to participate in such proceedings.
Amendment 519 #
Proposal for a directive
Article 14 – paragraph 1 c (new)
Article 14 – paragraph 1 c (new)
1c. Member States shall ensure that all complaints concerning violations of the provisions of this Directive are dealt with in a prompt and effective manner. Member States shall establish a mechanism at national level to deal with complaints in an accelerated procedure where there is a risk of irreversible or serious damage to the environment.
Amendment 521 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall take appropriate action, such as information and awareness- raising campaigns targeting all relevant stakeholders both from the public and private sector, proactive law enforcement tools, anti-corruption, 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 stakeholderall relevant stakeholders, including authorities competent for the investigation and prosecution of environmental crime, private sector organisations, and non- governmental organisations promoting the protection of the environment. Member States shall develop and strengthen tools such as risk assessments, anti-corruption strategies and administrative inspections systems to prevent and detect environmental crimes.
Amendment 531 #
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 533 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Member States shall establish specialised bodies, as specialised units within the law enforcement authorities as well as specialised judicial authorities, with primary competence to detect, investigate, prosecute and adjudicate environmental offences, and equip those bodies with the necessary resources to perform their functions.
Amendment 534 #
Proposal for a directive
Article 19 – title
Article 19 – title
19 Coordination and cooperation between competent authorities within a Member State and across Member States
Amendment 536 #
(ja) the offender committed an offence under Article 3 while subject to a derogation under article 15(4) of Directive 2010/75/EC.
Amendment 537 #
Proposal for a directive
Article 19 – paragraph 1 – point a a (new)
Article 19 – paragraph 1 – point a a (new)
(a a) fostering the establishment of specialised law enforcement and judicial authorities competent for environmental offences, as foreseen in Article 16;
Amendment 538 #
Proposal for a directive
Article 8 – paragraph 1 – point j b (new)
Article 8 – paragraph 1 – point j b (new)
(jb) the offence was committed within a Member State’s protected site, including a Natura 2000 area, or in an area where the offence is likely to have a significant effect in view of a protected site's conservation objectives;
Amendment 539 #
Proposal for a directive
Article 8 – paragraph 1 – point j c (new)
Article 8 – paragraph 1 – point j c (new)
(j c) the offence was committed together with other criminal offences;
Amendment 539 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19 a Cooperation between the Member States and the Commission, and other Union institutions, bodies, offices or agencies 1. Without prejudice to the rules on cross- border cooperation and mutual legal assistance in criminal matters, the Member States, Eurojust, Europol, 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. 2. The European Public Prosecutor’s Office (EPPO) shall, with its own powers and authority, coordinate investigations and prosecutions in cross-border cases, serious cases, and cases where Member States fail to take effective action against environmental crime.
Amendment 540 #
Proposal for a directive
Article 8 – paragraph 1 – point j d (new)
Article 8 – paragraph 1 – point j d (new)
(jd) the offence caused the unnecessary and avoidable suffering of animals.
Amendment 541 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall take the necessary measures to ensure that, in relation to the relevant offences referred to in Articles 3, 3a and 4, the following circumstances may be regarded as mitigating circumstances:
Amendment 542 #
Proposal for a directive
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) the modes of coordination and cooperation between the competent authorities as well as between their competent authorities and other Member States;
Amendment 543 #
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 except for offences under Article 3(1) points (a), (b), (c), (e), (i), (h), (j), (q), (r) and Article 3a;
Amendment 543 #
Proposal for a directive
Article 20 – paragraph 1 – point d a (new)
Article 20 – paragraph 1 – point d a (new)
(d a) guidelines for the use of the proceeds of administrative and criminal sanctions for environmental restoration actions;
Amendment 545 #
Proposal for a directive
Article 20 – paragraph 1 – point f
Article 20 – paragraph 1 – point f
(f) the procedures and mechanisms for regular monitoring and, evaluation and reporting of the results achieved and of the degree of implementation and enforcement of the provision of this Directive;
Amendment 547 #
Proposal for a directive
Article 20 – paragraph 1 – point g a (new)
Article 20 – paragraph 1 – point g a (new)
(g a) assistance to and protection of victims, in particular those in vulnerable situation, including environmental defenders;
Amendment 549 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member States shall ensure that the strategy is reviewed and updated at regular intervals no longer than 53 years, on a risk- analysis-based-approach, in order to take account of relevant developments and trends and related threats regarding environmental crime.
Amendment 551 #
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, 3a and 4 for a sufficient period of time starting after the commission of those criminal offences or from the discovery of the offence if it was concealed, in order for those criminal offences to be tackled effectively.
Amendment 553 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States shall ensure that special measures of limitation may be applied in the case of concealment of an offence, i.e. where the offender has prevented its discovery. In this case, the time limit shall run only from the day when the offence could be established under conditions that allow prosecution.
Amendment 553 #
Proposal for a directive
Article 21 – paragraph 2 – point b a (new)
Article 21 – paragraph 2 – point b a (new)
(b a) the number of environmental crime case prosecuted and adjudicated;
Amendment 554 #
Proposal for a directive
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
(c) the averagemedian, average and maximum lengths of the criminal investigations of environmental crimes;
Amendment 555 #
Proposal for a directive
Article 21 – paragraph 2 – point d a (new)
Article 21 – paragraph 2 – point d a (new)
(d a) the number of convictions for environmental crimes related to offences committed in the framework of a criminal organisation;
Amendment 556 #
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 ten years of imprisonment, for a period of at least ten years from the time when the offence was committed or from the discovery of the offence if it was concealed, when offences are punishable;
Amendment 556 #
Proposal for a directive
Article 21 – paragraph 2 – point d b (new)
Article 21 – paragraph 2 – point d b (new)
(d b) the number of convictions for environmental crimes related to offences committed by a public official or involving a public authority;
Amendment 557 #
Proposal for a directive
Article 21 – paragraph 2 – point f
Article 21 – paragraph 2 – point f
(f) the number of legal persons sanctioned for environmental crime or equivalent offences, and whether the perpetrator was or acted within an organised crime group;
Amendment 558 #
Proposal for a directive
Article 21 – paragraph 2 – point g a (new)
Article 21 – paragraph 2 – point g a (new)
(g a) the number of court cases ended due to the expiration of the limitation period;
Amendment 559 #
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 six years of imprisonment, for a period of at least six years from the time when the offence was committed or from the discovery of the offence if it was concealed, when offences are punishable;
Amendment 559 #
Proposal for a directive
Article 21 – paragraph 2 – point h a (new)
Article 21 – paragraph 2 – point h a (new)
(h a) the number of victims, including groups of victims or local communities, disaggregated inter alia by sex, age, ethnicity, country of origin;
Amendment 560 #
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 regularly publishedpublish annually the statistical data referred to in paragraph 2 in a standard, accessible and comparable format established in accordance with Article 22 and in a raw version.
Amendment 563 #
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 four years of imprisonment, for a period of at least four years from the time when the offence was committed or from the discovery of the offence if it was concealed, when offences are punishable.
Amendment 563 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Member States shall annually transmit to the Commission the statistical data referred to in paragraph 2 in a standard, accessible and comparable format established in accordance with Article 22. These data shall be available on a country-by-country basis according to the categories of information referred to in paragraph 2, under the supervision of Eurostat.
Amendment 564 #
Proposal for a directive
Article 21 – paragraph 5
Article 21 – paragraph 5
5. The Commission shall regularly publish a report based on the statistical data transmitted by the Member States. The report shall be published for the first time threewo years after the standard format referred to in Article 22 has been determined. The Commission shall establish the standard form within 18 months after the entry into force of this Directive.
Amendment 570 #
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3 a. By way of derogation from paragraph 2 and for the offence referred to in Article 3a, Member States may provide for a limitation period longer than ten years, provided that this period may be interrupted or suspended by certain specific acts.
Amendment 573 #
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 ten years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3, 3a and 4, for at least ten years from the date of the final conviction;
Amendment 574 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission shall by [OP – please insert the date - twoone years after the transposition period is over], and every two years thereafter, submit a report to the European Parliament and to the Council assessing the extent to which the Member States have taken the necessary measures to comply with this Directive as well as providing recommendations to Member States. Member States shall provide the Commission with the necessary information for the preparation of that report.
Amendment 576 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Every two years as of [OP – please insert the date one year after the transposition period is over], Member States shall send the Commission a report within three months which includes a summary about implementation of and actions taken in accordance with Articles 153 to 17, 19 and 20.
Amendment 578 #
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. By [OP – please insert the date - fiveour years after the transposition period is over], the Commission shall carry out an evaluation of the impact of this Directive and submit a report to the European Parliament and to the Council. Member States shall provide the Commission with necessary information for the preparation of that report.
Amendment 579 #
Proposal for a directive
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3 a. Within one years of the entry into force of this Directive, the Commission shall present a homogeneous and harmonised classification of environmental crimes prepared with the Member States and a regulatory classification of sanctions adapted to provide guidance to national competent authorities, prosecutors and judges in the application of the sanctions provided for in this Directive.
Amendment 580 #
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, 3a and 4 where:
Amendment 583 #
Proposal for a directive
Article 25 – paragraph 3 b (new)
Article 25 – paragraph 3 b (new)
3 b. Within one year of 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 crimes 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.
Amendment 584 #
Proposal for a directive
Article 25 – paragraph 3 c (new)
Article 25 – paragraph 3 c (new)
3 c. Within one year of the entry into force of this Directive, the Commission shall present guidelines to clarify the procedural framework for the participation of members of the public in the criminal prosecution of environmental offences, including the definition of easily accessible admissibility criteria.
Amendment 585 #
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 25 – paragraph 3 d (new)
Article 25 – paragraph 3 d (new)
3 d. Within two years of the entry into force of this Directive, the Commission shall, and where appropriate with the assistance of inter alia the European Environment Agency, present a report on how environmental crime contributes to the exceedance of planetary boundaries as well as how the scope of this Directive could be expanded to cover actions/offences which result in the exceedance of planetary boundaries.
Amendment 587 #
Proposal for a directive
Article 25 – paragraph 3 d (new)
Article 25 – paragraph 3 d (new)
3 d. By two years after the entry into force of this Directive, the Commission shall present a report on how environmental crime negatively impacts upon the environment, One Health and the exceedance of planetary boundaries.
Amendment 589 #
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 decidtake the necessary measures to extend its jurisdiction to offences referred to in Articles 3, 3a and 4 which have been committed outside its territory, where:
Amendment 594 #
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 595 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Member States shall introduce universal jurisdiction of their courts for the prosecution and judgment of an offence referred to in Article 3a, in order to avoid the externalisation of environmental damage, where it was not committed on its territory, was committed by a foreign person, against a foreign victim, and without that State being the victim of the offence.
Amendment 597 #
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. Member States shall take the necessary measures to establish on their territory either specialised environmental courts or environmental units within existing courts to prosecute, investigate and judge the offences defined in Article 3 and 3a of this Directive.
Amendment 599 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall take the necessary measures to ensure that protection granted under Directive (EU) 2019/1937, is applicable to legal and natural persons reporting criminal offences referred to in Articles 3, 3a and 4 of this Directive.
Amendment 602 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall take the necessary measures to ensure that natural and legal persons reporting offences referred to in Articles 3, 3a and 4 of this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessary support and assistance in the context of criminal proceedings.
Amendment 604 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Member States shall take the necessary measures to ensure that legal and natural persons reporting criminal offences referred to in Articles 3, 3a and 4 of this Directive are protected against strategic lawsuits against public participation.
Amendment 606 #
Proposal for a directive
Article 14 – title
Article 14 – title
Rights for the public concerned to participate in proceedingsto information, participation and access to justice for the public
Amendment 607 #
Proposal for a directive
Article 14 – paragraph -1 (new)
Article 14 – paragraph -1 (new)
-1 Member States shall ensure that the following information is considered to be in the public interest and is made public to and easily accessible by the public concerned: (a) the state of all cases prosecuted under this Directive, the final judgments, and the level of sanctions imposed by the judge; (b) the state of all cases prosecuted under this Directive, the final judgments, and the level of sanctions imposed by the judge; (c) complaints submitted under this Directive; (d) information enabling the public concerned to know the progress of the proceedings, unless, in exceptional cases, the proper handling of the case may be jeopardised by such sharing of information; (e) the arrangements for intervention in proceedings for the offences referred to in Articles 3, 3a and 4.
Amendment 608 #
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, 3a and 4, for instance as a civil party. Member States shall encourage any initiative facilitating access to justice for members of the public, including in the establishment of local centres specialising in access to justice and environmental issues.
Amendment 612 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
Member States shall provide for the possibility for individuals and non- governmental organisations working for the protection of the environment to bring civil actions, particularly in the absence of identifiable victims, to defend the direct voice of ecosystems.
Amendment 613 #
Proposal for a directive
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
Member States shall provide for measures to reduce obstacles to the right to an effective remedy, in particular the reduction of the length and cost of proceedings, thereby facilitating access to justice for members of the public concerned. Member States shall ensure a fair, equitable and timely procedure, non- prohibitive costs and the right to be defended or represented in court. Member States shall establish networks of environmental lawyers who can assist members of the public, including non- governmental organisations, to participate in such proceedings.
Amendment 614 #
Proposal for a directive
Article 14 – paragraph 1 c (new)
Article 14 – paragraph 1 c (new)
Member States shall ensure that all complaints concerning violations of the provisions of this Directive are dealt with in a prompt and effective manner. Member States shall establish a mechanism at national level to deal with complaints in an accelerated procedure where there is a risk of irreversible or serious damage to the environment.
Amendment 616 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall take appropriate action, such as proactive law enforcement tools, information and awareness- raising campaigns targeting all relevant stakeholders both from the public and private sector, anti-corruption programmes, 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 theall relevant stakeholders, in particular civil society organisations.
Amendment 627 #
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 or other serious crime cases, are also available for investigating or prosecuting offences referred to in Articles 3, 3a and 4.
Amendment 628 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
Member States shall provide sufficient resources and training in order to ensure that judicial and enforcement personnel, including judges, prosecutors, police, judicial staff and competent authorities’ staff involved in criminal proceedings and investigations, have the appropriate expertise, including qualifications, in environmental crime and environmental issues.
Amendment 634 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Amendment 637 #
Proposal for a directive
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) the short, medium, long-term and time-bound objectives and priorities of national policy in this area of offence;
Amendment 639 #
Proposal for a directive
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) the modes of coordination and cooperation between the competent authorities, including with competent authorities of other Member States;
Amendment 640 #
Proposal for a directive
Article 20 – paragraph 1 – point d a (new)
Article 20 – paragraph 1 – point d a (new)
(da) guidelines for the use of the proceeds of administrative and criminal sanctions for environmental restoration actions.
Amendment 643 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member States shall ensure that the strategy is reviewed and updated at regular intervals no longer than 53 years, on a risk- analysis-based-approach, in order to take account of relevant developments and trends and related threats regarding environmental crime.
Amendment 648 #
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 regularly publishedpublish annually the statistical data referred to in paragraph 2 in a standard, accessible and comparable format established in accordance with Article 22 and in a raw version.
Amendment 651 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Member States shall annually transmit to the Commission the statistical data referred to in paragraph 2 in a standard accessible and comparable format established in accordance with Article 22. These data aggregated at European level shall be available on a country-by-country basis according to the categories of information referred to in paragraph 2, under the supervision of Eurostat.
Amendment 660 #
Proposal for a directive
Article 22 – paragraph 2 – point a
Article 22 – paragraph 2 – point a
(a) a common classification of environmental crimes as well as sanctions that are effective, dissuasive and proportionate to the offence committed ;
Amendment 662 #
Proposal for a directive
Article 25 – title
Article 25 – title
Evaluation and, reporting and guidelines
Amendment 663 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission shall by [OP – please insert the date - two years after the transposition period is over], and every two years thereafter, submit a report to the European Parliament and to the Council assessing the extent to which the Member States have taken the necessary measures to comply with this Directive as well as providing recommendations to Member States. Member States shall provide the Commission with the necessary information for the preparation of that report.
Amendment 665 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Every two years as of [OP – please insert the date one year after the transposition period is over], Member States shall send the Commission a report within three months which includes a summary about implementation of and actions taken in accordance with Articles 153 to 17, 19 and 20.
Amendment 667 #
Proposal for a directive
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3a. Within one year after the entry into force of this Directive, the Commission shall present a homogeneous and harmonised classification of environmental crimes prepared with the Member States and a regulatory classification of sanctions adapted to provide guidance to national competent authorities, prosecutors and judges in the application of the sanctions provided for in this Directive.
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.
Amendment 670 #
Proposal for a directive
Article 25 – paragraph 3 c (new)
Article 25 – paragraph 3 c (new)
3c. Within one year after the entry into force of this Directive, the Commission shall present guidelines to clarify the procedural framework for the participation of members of the public in the criminal prosecution of environmental offences, including the definition of easily accessible admissibility criteria.
Amendment 671 #
Proposal for a directive
Article 25 – paragraph 3 d (new)
Article 25 – paragraph 3 d (new)
3d. Within two years after the entry into force of this Directive, the Commission shall, and where appropriate with the assistance of inter alia the European Environment Agency, present a report on how environmental crime contributes to the exceedance of planetary boundaries as well as how the scope of this Directive could be expanded to cover actions/offences which result in the exceedance of planetary boundaries.