2021/0422(COD) Protection of the environment through criminal law
Lead committee dossier:
Progress: Procedure completed, awaiting publication in Official Journal
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | JURI |
MANDERS Antonius ( EPP)
|
ROBERTI Franco ( S&D),
CICUREL Ilana ( Renew),
TOUSSAINT Marie ( Verts/ALE),
JORON Virginie ( ID),
BUXADÉ VILLALBA Jorge ( ECR),
AUBRY Manon ( GUE/NGL)
|
| Committee Opinion | DEVE |
ROOSE Caroline ( Verts/ALE)
|
Charles GOERENS ( RE),
Beata KEMPA ( ECR),
Pierfrancesco MAJORINO ( S&D),
Antoni COMÍN I OLIVERES ( NA),
Christian SAGARTZ ( PPE)
|
| Committee Opinion | ENVI |
PIETIKÄINEN Sirpa ( EPP)
|
Anja HAZEKAMP ( GUE/NGL),
Alexandr VONDRA ( ECR),
Michal WIEZIK ( RE),
Marie TOUSSAINT ( Verts/ALE)
|
| Committee Opinion | LIBE |
BRICMONT Saskia ( Verts/ALE)
|
Sira REGO ( GUE/NGL),
Isabel SANTOS ( S&D),
Loránt VINCZE ( PPE),
Alexandr VONDRA ( ECR),
Lucia ĎURIŠ NICHOLSONOVÁ ( RE)
|
| Committee Opinion | PETI |
GHEORGHE Vlad ( Renew)
|
Demetris PAPADAKIS ( S&D),
Sira REGO ( GUE/NGL),
Loránt VINCZE ( PPE),
Gianna GANCIA ( ID),
Andrey SLABAKOV ( ECR)
|
Lead committee dossier:
Legal Basis:
TFEU 083-p2
Legal Basis:
TFEU 083-p2Events
2024/04/11
CSL - Draft final act
Documents
2024/04/11
CSL - Final act signed
2024/03/26
EP/CSL - Act adopted by Council after Parliament's 1st reading
2024/02/27
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 499 votes to 100, with 23 abstentions, a legislative resolution 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.
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:
Subject matter
The proposed Directive establishes minimum rules with regard to the definition of criminal offences and penalties in order to protect the environment more effectively, as well as with regard to measures to prevent and combat environmental crime and to effectively enforce Union environmental law.
Criminal offences
The new Directive includes an updated list of criminal offences. It provides that Member States must ensure that the following conduct constitutes a criminal offence when it is unlawful and intentional :
Member States should ensure that the following conduct constitutes a criminal offence where it is unlawful and intentional :
- the placing on the market, in breach of a prohibition or another requirement aimed at protecting the environment, of a product the use of which on a larger scale, namely the use of the product by several users, regardless of their number, results in the discharge, emission or introduction of a quantity of materials or substances, energy or ionising radiation into air, soil or water and causes or is likely to cause the death of, or serious injury to, any person or substantial damage to the quality of air, soil or water, or substantial damage to an ecosystem, animals or plants;
- the manufacture, placing or making available on the market, export or use of substances, whether on their own, in mixtures or in articles, including their incorporation into articles, where such conduct causes or is likely to cause the death of, or serious injury to, any person, substantial damage to the quality of air, soil or water, or substantial damage to an ecosystem, animals or plants;
- ship-source discharge of polluting substances;
- the construction, operation and dismantling of an installation, where such conduct causes or is likely to cause the death of, or serious injury to, any person or substantial damage to the quality of air, soil or water, or substantial damage to an ecosystem, animals or plants;
- the abstraction of surface water or groundwater, where such conduct causes or is likely to cause substantial damage to the ecological status or ecological potential of surface water bodies or to the quantitative status of groundwater bodies.
New rulescontain the so-called qualified offence, such as large-scale forest fires or widespread pollution of air, water and soil, which leads to an ecosystem being destroyed and is therefore comparable to ecocide and cause: (a) the destruction of, or widespread and substantial damage which is either irreversible or long-lasting to, an ecosystem of considerable size or environmental value or a habitat within a protected site, or (b) widespread and substantial damage which is either irreversible or long-lasting to the quality of air, soil or water.
Penalties for natural persons
Environmental crimes committed by individuals and company representatives would be punishable with imprisonment depending on how long-lasting, severe or reversible the damage is. Qualified offences could be punished with eight years, those causing the death of a person with ten years in prison and the other offences with up to five years of imprisonment.
Member States should take the necessary measures to ensure that natural persons who have committed criminal offences may be subject to accessory criminal or non-criminal penalties or measures which may include the following:
- an obligation to: (i) restore the environment within a given period, if the damage is reversible, or (ii) pay compensation for the damage to the environment, if the damage is irreversible or the offender is not in a capacity to carry out such restoration;
- fines that are proportionate to the gravity of the conduct and to the individual, financial and other circumstances of the natural person concerned and, where relevant, that are determined taking due account of the gravity and duration of the damage caused to the environment and of the financial benefits generated from the offence;
- exclusion from access to public funding, including tender procedures, grants, concessions and licences;
- where there is a public interest, following a case-by-case assessment, publication of all or part of the judicial decision that relates to the criminal offence committed and the penalties or measures imposed, which may include the personal data of convicted persons only in duly justified exceptional cases.
Liability of legal persons
Member States should take the necessary measures to ensure that a legal person held liable for criminal offences is punishable by effective, proportionate and dissuasive criminal or non-criminal penalties or measures .
For companies the fines will reach 3 or 5% of their yearly worldwide turnover or alternatively EUR 24 or EUR 40 million depending on the nature of the crime. Member States should decide whether to prosecute criminal offences that did not take place on their territory.
Limitation periods
The proposed Directive lays down limitation periods as such: (i) at least ten years from the commission of a criminal offence punishable by a maximum term of imprisonment of at least ten years; (ii) at least five years from the commission of a criminal offence punishable by a maximum term of imprisonment of at least five years; (iii) at least three years from the commission of a criminal offence punishable by a maximum term of imprisonment of at least three years.
Access to justice
Persons affected or likely to be affected by the criminal offences and persons having a sufficient interest or maintaining the impairment of a right, as well as non-governmental organisations that promote environmental protection and meet requirements under national law, should have appropriate procedural rights in proceedings concerning those offences, where such procedural rights for the public concerned exist in the Member State in proceedings concerning other criminal offences, for instance as a civil party.
Training
Member States should take necessary measures to ensure that specialised regular training is provided to judges, prosecutors, police and judicial staff and to competent authorities’ staff involved in criminal proceedings and investigations with regard to the objectives of this Directive.
Member States should establish and publish a national strategy on combatting environmental criminal offences by three years from the date of entry into force of this Directive.
Documents
2024/02/26
EP - Debate in Parliament
Documents
2023/12/11
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2023/04/17
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2023/03/29
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/03/28
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Legal Affairs adopted the report by Antonius MANDERS (EPP, NL) 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.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Subject matter
The report strengthened the subject matter of the proposed Directive stating that it should establish minimum rules concerning the definition of criminal offences and sanctions as well as concerning the measures, means and resources necessary to prevent and combat environmental crime and to properly enforce the Union’s environmental law, in order to protect the environment more effectively.
Definitions
Members proposed to include the definition of 'environmental damage' to mean serious harm to any person’s health, or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants, which is detrimental to anything that grows, blooms and lives, including but not limited to the damage as referred to in Article 2 of Directive 2004/35/CE on environmental liability with regard to the prevention and remedying of environmental damage.
Offences
The report stated that Member States should ensure that the following conduct constitutes a criminal offence when it is unlawful and committed intentionally:
- the discharge, emission or introduction of a quantity of materials or substances, energy, or ionising radiation into air, soil or water which causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants;
- the placing on the market or illegal trade, including online, of a product, the use of which, in breach of a prohibition or another requirement, causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, or animals or plants as a result of the product's use on a larger scale;
- the manufacture, placing or making available on, import to and export from the Union market, including online, or use of substances, whether on their own, in mixtures or in articles, including their incorporation into articles, when it causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants;
- any conduct that causes a forest fire or a significant deterioration of more than one hectare of forest.
Penalties for natural persons
Member States should take the necessary and appropriate measures, including having effective procedures in place, to ensure that the offences are punishable by effective, proportionate and dissuasive criminal penalties. They should take the necessary measures to develop measures other than imprisonment in order to contribute to the restoration of the environment.
Member States should also take the necessary measures to ensure that natural persons who have committed the relevant offences may be subject to additional sanctions or measures which should include:
- obligation to reinstate the environment within a given time period, or to compensate for the damage caused, if the perpetrator is not in a capacity to carry out such a reinstatement or if the damage is irreversible;
- 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;
- disqualification from exercising a leading position within a legal person of the type used for committing the offence;
- a requirement to pay the costs of the proceedings borne by the successful party, in accordance with conditions and exceptions provided for in national law applicable to court proceedings.
Liability of legal persons
Legal persons that commit an offence would be held liable under civil law, where relevant, for any harm or damage they cause as a result of that offence, and, in conformity with national law, can be required to compensate the persons who have suffered that harm or damage. The level of sanctions should be proportionate and adapted to reflect the degree of severity and duration of the damage caused .
Members propose to increase the fines imposed on legal persons so that the maximum limit is not less than 10% of the average worldwide turnover of the legal person in the three business years preceding the fining decision.
Mitigating circumstances
Member States should take the necessary measures to ensure that, in relation to relevant offences, the following circumstances may be regarded as mitigating circumstances:
- the offender restores nature to its previous condition before the start of a criminal investigation;
- the offender takes steps to minimise the impact and extent of the damage or remediates the damage of has the damage remediated before the start of a criminal investigation.
Precautionary measures
Necessary measures should be taken to ensure that their competent judicial authorities may order the immediate cessation of the unlawful conducts referred to in this Directive or impose measures to prevent the execution of such conducts, in order to avert damage being caused to the environment.
Limitation measures
Lastly, Member States should take the necessary measures to provide for a limitation period allowing for the investigation, prosecution, trial and judicial determination of criminal offences for a sufficient period of time after the discovery of criminal offences (and not only after their commission).
Documents
2023/03/21
EP - Vote in committee, 1st reading
2023/03/21
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2023/02/06
EP - Committee opinion
Documents
2022/12/09
EP - Committee opinion
Documents
2022/12/07
EP - Committee opinion
Documents
2022/11/10
EP - Amendments tabled in committee
Documents
2022/11/10
EP - Amendments tabled in committee
Documents
2022/10/26
EP - Committee opinion
Documents
2022/10/12
EP - Committee draft report
Documents
2022/09/05
EP - BRICMONT Saskia (Verts/ALE) appointed as rapporteur in LIBE
2022/03/14
EP - ROOSE Caroline (Verts/ALE) appointed as rapporteur in DEVE
2022/03/11
EP - PIETIKÄINEN Sirpa (EPP) appointed as rapporteur in ENVI
2022/03/01
EP - GHEORGHE Vlad (Renew) appointed as rapporteur in PETI
2022/02/28
EP - MANDERS Antonius (EPP) appointed as rapporteur in JURI
2022/01/27
EP - Committee referral announced in Parliament, 1st reading
2021/12/15
EC - Document attached to the procedure
Documents
2021/12/15
EC - Document attached to the procedure
Documents
2021/12/15
EC - Document attached to the procedure
Documents
2021/12/15
EC - Legislative proposal published
Details
PURPOSE: to strengthen the protection of the environment through criminal law.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: criminal law is one part of a comprehensive EU strategy to protect and improve the status of the environment. The current EU legislation that provides common minimum rules to criminalise environmental crime is Directive 2008/99/EC on the protection of environment through criminal law. Criminal law measures come in as a last resort when other measures have not sufficed to ensure compliance. Enforcement gaps have been identified in all Member States and at all levels of the enforcement chain (police, prosecution and criminal courts). The lack of coordination between administrative and criminal law enforcement and sanctioning often hinders effectiveness.
CONTENT: the proposed Directive establishes minimum rules concerning the definition of criminal offences and sanctions to protect the environment more effectively.
The proposal has six objectives:
(1) Improve the effectiveness of investigations and prosecution by updating the scope of the Directive
The following new categories of criminal offences have been proposed in the revised Environmental Crime Directive: (i) illegal timber trade; (ii) illegal ship recycling; (iii) illegal water abstraction from ground- or surface water; (iv) serious breaches of EU chemicals legislation; (v) serious breaches related to dealing with fluorinated greenhouse gases; (vi) serious breaches of legislation on invasive alien species with Union concern; (vii) serious circumvention of requirements to get a development consent and to do environmental impact assessment causing substantial damage; (viii) source discharge of polluting substances from ships.
(2) Improve the effectiveness of investigations and prosecutions by clarifying or eliminating vague terms used in the definitions of environmental crime
The proposal clarifies undefined legal terms used to describe environmental crime in the current Directive, such as for instance ‘substantial damage'. This will lead to a more harmonised application of criminal law and understanding of environmental crime across the EU, and more legal certainty to duty-holders.
(3) Ensure effective, dissuasive and proportionate sanction types and levels for environmental crime
The Commission proposes to set a common minimum denominator for sanctions for environmental crimes. Where offence cause or are likely to cause death or serious injury to any person, Member States should provide at least up to ten years imprisonment. The draft directive also proposes additional sanctions, including the restoration of nature, exclusion from access to public funding and procurement procedures or the withdrawal of administrative permits.
(4) Foster cross-border investigation and prosecution
Criminal activities related to the environment often have a cross-border dimension, while some environmental crimes usually impact several countries (for example the illicit trafficking of waste, of protected species or of wildlife products, or have cross-border effects (e.g. in the case of cross-border pollution of air, water and soil). Cross-border cooperation between law enforcement and judicial authorities is therefore essential.
(5) Improve informed decision-making on environmental crime through improved collection and dissemination of statistical data
The proposal addresses the need to systematically collect information on efforts to combat environmental crime and to provide statistical data on environmental crime. It requires Member States to collect, publish and send relevant statistical data to the Commission. It also establishes an obligation for the Commission to regularly publish a report based on the statistical data provided by the Member States. This provision also aims to help address the current limited availability of environmental crime data which would assist in evaluating the effectiveness of national systems in fighting environmental criminal offences.
(6) Improve the operational effectiveness of national enforcement chains to foster investigations, prosecutions and sanctioning
To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF), in their respective areas of competence.
Documents
Documents
- Draft final act: 00082/2023/LEX
- Decision by Parliament, 1st reading: T9-0093/2024
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A9-0087/2023
- Committee opinion: PE737.180
- Committee opinion: PE732.916
- Committee opinion: PE731.806
- Amendments tabled in committee: PE738.572
- Amendments tabled in committee: PE738.573
- Committee opinion: PE731.606
- Committee draft report: PE737.290
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2021)0428
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0465
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0466
- Legislative proposal published: COM(2021)0851
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SEC(2021)0428
- Document attached to the procedure: EUR-Lex SWD(2021)0465
- Document attached to the procedure: EUR-Lex SWD(2021)0466
- Committee draft report: PE737.290
- Committee opinion: PE731.606
- Amendments tabled in committee: PE738.572
- Amendments tabled in committee: PE738.573
- Committee opinion: PE731.806
- Committee opinion: PE732.916
- Committee opinion: PE737.180
- Draft final act: 00082/2023/LEX
Activities
- Jan-Christoph OETJEN
Plenary Speeches (2)
- Juan Fernando LÓPEZ AGUILAR
Plenary Speeches (1)
- Antonius MANDERS
Plenary Speeches (1)
- Sirpa PIETIKÄINEN
Plenary Speeches (1)
- Stanislav POLČÁK
Plenary Speeches (1)
- Mick WALLACE
Plenary Speeches (1)
- Eugen JURZYCA
Plenary Speeches (1)
- Elena KOUNTOURA
Plenary Speeches (1)
- Bert-Jan RUISSEN
Plenary Speeches (1)
- Ilana CICUREL
Plenary Speeches (1)
Votes
A9-0087/2023 – Antonius Manders – Provisional agreement – Am 161 #
2024/02/27 Outcome: +: 499, -: 100, 0: 23
The Left| Amendments | Dossier |
| 1820 |
2021/0422(COD)
2022/06/13
ENVI
549 amendments...
Amendment 124 #
Proposal for a directive 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 1 (1) According to Article 3(3) of the Treaty on European Union (TEU) and
Amendment 126 #
Proposal for a directive 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 127 #
Proposal for a directive Recital 2 (2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which
Amendment 128 #
Proposal for a directive 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.
Amendment 129 #
Proposal for a directive Recital 2 (2) The Union continues to be
Amendment 130 #
Proposal for a directive Recital 2 (2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offences pose a threat to the environment and therefore call for an appropriate and effective response. A better cross-border cooperation between competent authorities should be established in order to fight environmental crime.
Amendment 131 #
Proposal for a directive Recital 2 (2) The Union continues to be concerned with the significant and continuous rise in environmental criminal offences and their effects
Amendment 132 #
Proposal for a directive Recital 2 (2) The Union continues to be concerned with the
Amendment 133 #
Proposal for a directive 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
Amendment 134 #
Proposal for a directive 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 and increase deterrence. _________________ 20 Directive 2008/99/EC of the European
Amendment 135 #
Proposal for a directive 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 sufficiently dissuasive criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties. _________________ 20 Directive 2008/99/EC of the European
Amendment 136 #
Proposal for a directive 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 common criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties. _________________ 20 Directive 2008/99/EC of the European
Amendment 137 #
Proposal for a directive 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 138 #
Proposal for a directive 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
Amendment 139 #
Proposal for a directive 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 (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 141 #
Proposal for a directive Recital 5 (5) The Directive should provide a clear sentencing guidance to the authorities. Member States should criminalise offence categories and provide for greater precision on the definitions of the offence categories, and harmonisation concerning sanction types and levels.
Amendment 142 #
Proposal for a directive Recital 6 (6) Member States should provide for criminal penalties in their national legislation in respect of serious infringements of provisions of Union law concerning protection of the environment. In the framework of the common fisheries policy, Union law provides for comprehensive set of rules for control and enforcement under Regulation (EC) No 1224/200921 and Regulation (EC) No 1005/2008 in case of serious infringements, including those that cause damage to the marine environment. Under this system the Member States have the choice between administrative and/or criminal sanctioning systems. In line with the Communication from the Commission on the European Green Deal22 and the EU Biodiversity Strategy for 203023 , certain intentional unlawful conduct covered under Regulation (EC) No 1224/2009 and Regulation (EC) 1005/200824 should be established as criminal offences.
Amendment 143 #
Proposal for a directive Recital 6 (6) Member States should provide for criminal penalties in their national legislation in respect of serious infringements of provisions of Union law concerning protection of the environment. In the framework of the common fisheries policy, Union law provides for comprehensive set of rules for control and enforcement under Regulation (EC) No 1224/200921 and Regulation (EC) No 1005/2008 in case of serious infringements, including those that cause damage to the marine environment. Under this system the Member States have the choice between administrative and/or criminal sanctioning systems. In line with the Communication from the Commission on the European Green Deal22 and the EU Biodiversity Strategy for 203023 ,
Amendment 144 #
Proposal for a directive Recital 6 a (new) (6a) The establishment of the offence of ecocide would ensure a broad and reinforced prosecution of any action that causes irreversible destruction or long- lasting substantial damage to an ecosystem with knowledge that there was a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by these actions. Such broad and reinforced prosecution should ensure that these kinds of acts, which cause extremely grave damage to the environment and are carried out with dolus eventualis, are prosecuted regardless of their specific inclusion on the list contained in Article 3(1) and are punished by penalties which are equivalent to those imposed upon when the act causes the death or serious injury of a person.
Amendment 145 #
Proposal for a directive Recital 6 b (new) (6b) Acts established as criminal offences in this Directive can often be carried out by EU citizens or legal persons established in the EU in third countries where such conducts might not be established as criminal offences or where law enforcement tools are weak. Therefore, jurisdiction of Member States regarding criminal acts against the environment contained in this Directive should be extended to third countries where the offender is an EU citizen or a legal person established in the EU in order to avoid impunity of such acts.
Amendment 146 #
Proposal for a directive 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
Amendment 147 #
Proposal for a directive 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,
Amendment 148 #
Proposal for a directive Recital 7 a (new) (7a) It is important to emphasise that the term unlawful can also have an independent meaning in criminal law in the Member States. The definition given in this Directive is without prejudice to those national provisions, the frameworks against which this term can be tested, and the possible grounds of justification that exist in national law.
Amendment 149 #
Proposal for a directive Recital 8 (8) A conduct should be considered unlawful also when it is carried out under an authorisation by a competent authority in a Member State if such authorisation was illegal, if it was obtained fraudulently, or by
Amendment 150 #
Proposal for a directive 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, or a third country when the conduct is carried out by an EU citizen or a legal person established in the EU, if such authorisation was 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 151 #
Proposal for a directive 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 152 #
Proposal for a directive Recital 8 b (new) Amendment 153 #
Proposal for a directive Recital 9 (9) The environment
Amendment 154 #
Proposal for a directive Recital 9 (9) The environment should be protected in a wide sense, as set out under Article 3 (3) TEU and Article 191 TFEU, covering all environmental compartments and all natural resources - air, water, soil, wild fauna and flora including habitats -
Amendment 155 #
Proposal for a directive Recital 9 (9) The environment should be protected in a wide sense, as set out under Article 3 (3) TEU and Article 191 TFEU, covering all natural resources - air, water, soil, wild fauna and flora including habitats
Amendment 156 #
Proposal for a directive Recital 9 a (new) (9a) The gravest forms of environmental crime should be recognised as ecocide, as an international crime under the Rome Statute of the ICC, and in this Directive;
Amendment 157 #
Proposal for a directive 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 158 #
Proposal for a directive Recital 10 (10) The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects, have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. Therefore, when Union legislation covered by this Directive evolves, this Directive should also 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 order to quickly incorporate new criminal offences, any amendment of this Directive should only concern Article 3, and not include a complete amendment of the Directive.
Amendment 159 #
Proposal for a directive Recital 10 (10) The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects, have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. Therefore, when Union legislation covered by this Directive evolves, this Directive should also automatically cover any updated or amended Union legislation falling within the scope of criminal offences defined under this Directive, when the obligations under Union law remain unchanged in substance. However, when new legal instruments prohibit new conduct harmful to the environment, this Directive should be amended in the respective part in order to add to the categories of criminal offences also the
Amendment 160 #
Proposal for a directive Recital 10 (10) The acceleration of climate change, biodiversity loss and environmental degradation, as well as the exceedance of six out 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. Therefore, when Union legislation covered by this Directive evolves, this Directive should also cover any updated or amended Union legislation falling within the scope of criminal offences defined under this
Amendment 161 #
Proposal for a directive Recital 10 (10) The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects, have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. Therefore, when Union legislation covered by this Directive evolves, this Directive should also 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 reviewed and updated as society evolves, and then amended in order to add to the categories of criminal offences also the new serious breaches of Union environmental law.
Amendment 162 #
Proposal for a directive Recital 11 a (new) (11a) Environmental criminal offences need 'to pay full regard to the welfare requirements of animals' as enshrined in Article 13 of Title II TFEU “since animals are sentient beings”. Member States may adopt more stringent rules provided they are compatible with the provisions of the Treaty but EU legislation concerning the welfare conditions of farm animals lays down minimum standards. The European Convention for the Protection of Animals kept for Farming Purposes and the Council Directive 98/58/EC are based on the so-called “Five Freedoms” to ensure EU minimum standards for wild, farm, laboratory and companion animal welfare: freedom from hunger and thirst, freedom from discomfort, freedom from pain, injury and disease, freedom to express normal behaviour and freedom from fear and distress. This includes as well the unjustified and systematic prescription of antibiotics with its negative impact regarding antimicrobial resistance (AMR) for human and animal health and for the ecosystem. Cruelty or causing avoidable pain, distress and suffering to animals should also be taken into consideration as an aggravating circumstance.
Amendment 163 #
Proposal for a directive Recital 11 a (new) (11a) Some illegal acts may be punishable according to this Directive only if they cause or are likely to cause substantial damage to the environment. A starting point for the assessment of the seriousness of a damage should be the objective of the relevant Union legislation that has been infringed. A damage or a likely damage should be considered substantial if it is unacceptable taking into account the level of environmental protection that the relevant Union legislation aim to ensure.
Amendment 164 #
Proposal for a directive 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 165 #
Proposal for a directive Recital 11 a (new) (11a) The "One Health" approach recognises the interconnection between people, animals, plants, and their shared environment and is 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 166 #
Proposal for a directive 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. 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
Amendment 167 #
Proposal for a directive 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. 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
Amendment 168 #
Proposal for a directive Recital 12 a (new) (12a) Forests are an essential ally in the fight against climate change and biodiversity loss. They function as carbon sinks, and help to reduce the impacts of climate change, for example by cooling down cities, protecting them from heavy flooding, and reducing drought impact. Especially with regards to offences that create a spiral of severe environmental damages falling within the scope of the EU Biodiversity Strategy for 2030, presenting irreversible danger to the balance of whole ecosystems, such as illegal logging, committing forest fires and destruction of wildlife habitats or other offences against forests, should be taken into account as possible aggravating circumstances.
Amendment 169 #
Proposal for a directive 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 170 #
Proposal for a directive 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 to flora and fauna in general should also constitute a criminal offence when committed intentionally.
Amendment 171 #
Proposal for a directive 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 172 #
Proposal for a directive 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
Amendment 173 #
Proposal for a directive Recital 14 (14) Sanctions for the offences should be effective, dissuasive and proportionate, and also harmonised in the case of cross- border offences. 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. 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 Recital 14 (14) Sanctions for the offences should be effective, dissuasive and proportionate. To this end, minimum levels for the maximum term of imprisonment should be set for natural persons. Accessory sanctions are often seen as being more effective than financial sanctions especially for legal persons. Additional sanctions or measures should be therefore available in criminal proceedings. These should include the obligation to fully cover the cost to reinstate the environment, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases.
Amendment 175 #
Proposal for a directive Recital 15 (15)
Amendment 176 #
Proposal for a directive Recital 15 (15) Where national law provides for it, legal persons should also be held criminally liable for environmental criminal offences according to this Directive. Member States whose national law does not provide for the criminal liability of legal persons should ensure that their administrative sanctioning systems provide for effective, dissuasive and proportionate sanctions types and levels as laid down in this Directive in order to achieve its objectives, and that the criminal prosecution of natural person acting in the name of a legal entity is enabled. Financial situation of legal persons should also be taken into account to ensure the dissuasiveness of the sanction imposed.
Amendment 177 #
Proposal for a directive Recital 16 (16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these elements are not already constituent for the criminal offence, these could be considered as aggravating circumstances.
Amendment 178 #
Proposal for a directive Recital 16 (16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these elements are not already constituent for the criminal offence, these could be considered as aggravating circumstances.
Amendment 179 #
Proposal for a directive Recital 16 (16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a
Amendment 180 #
Proposal for a directive 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 #
Proposal for a directive Recital 16 a (new) (16a) When an environmental criminal offence causes substantial and irreversible or long-lasting damage to an entire ecosystem, this should be considered comparable to or qualifying as an offence of ecocide.
Amendment 182 #
Proposal for a directive Recital 17 (17) Where the crimes are of a continuing nature
Amendment 183 #
Proposal for a directive Recital 17 (17) Where the crimes are of a continuing nature, they should be brought to an end as soon as possible. Where offenders have made financial gains, such gains should be confiscated. The Directive also lays down the rules for the management of the confiscated gains.
Amendment 184 #
Proposal for a directive 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 in full.
Amendment 185 #
Proposal for a directive Recital 17 a (new) (17a) Lack of national rescue and sanctuary capacity may contribute to the lack of enforcement of relevant provisions related to wildlife trade by a Member State and result in measures inadequate to deter wildlife crime, such as administrative sanctions, without seizure. Dissuasive sanctions, collaboration and exchange between governmental and non- governmental sanctuaries and rescue centres to secure long term and species- appropriate solutions for seized wildlife are needed.
Amendment 186 #
Proposal for a directive 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 187 #
Proposal for a directive Recital 19 (19) Member States should lay down rules concerning limitation periods necessary in order to enable them to counter environmental criminal offences effectively, without prejudice to national rules that do not set limitation periods for investigation, prosecution and enforcement. Given the seriousness of the respective conduct, there should be no limitation period for the criminal offence of ecocide and for the criminal offence, which has affected natural ecosystem which is established as a legal entity.
Amendment 188 #
Proposal for a directive Recital 19 (19) Member States should lay down clear rules concerning limitation periods necessary in order to enable them to counter environmental criminal offences effectively, without prejudice to national rules that do not set limitation periods for investigation, prosecution and enforcement.
Amendment 189 #
Proposal for a directive Recital 20 (20) The obligations in this Directive to provide for criminal penalties should not exempt Member States from the obligation to provide for effective, proportionate and dissuasive administrative sanctions and other measures in national law for breaches established in Union environmental legislation.
Amendment 190 #
Proposal for a directive 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 191 #
Proposal for a directive Recital 22 (22) Furthermore, judicial and administrative authorities in the Member States should have at their disposal a proper guidance, allowing for a range of criminal sanctions and other measures to address different types of criminal behaviour in a tailored and effective manner, with an adequate level of harmonisation at EU level to ensure effective cross-border cooperation, to prevent dual criminality and prevent that low enforcement and low penalties levels in a Member State negatively affect the implementation of this Directive.
Amendment 192 #
Proposal for a directive 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 193 #
Proposal for a directive 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 an emphasis on cross-border and cross-regional crime.
Amendment 194 #
Proposal for a directive Recital 22 a (new) Amendment 195 #
Proposal for a directive 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
Amendment 196 #
Proposal for a directive 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 197 #
Proposal for a directive 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, with the option to set up joint teams for monitoring and investigating these offences.
Amendment 198 #
(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, including conducts carried out in third states, Member States should establish jurisdiction in order to counter such conduct effectively.
Amendment 199 #
Proposal for a directive Recital 23 a (new) (23a) The fact that perpetrators of environmental offenses can easily move across borders means that it is of the utmost importance that the investigative services in the different Member States can work well together. It is of the utmost importance that cooperation between the different Member States runs as smoothly as possible. The Commission must, without creating cumbersome, bureaucratic bodies, facilitate this cooperation as much as possible.
Amendment 200 #
Proposal for a directive Recital 23 b (new) (23b) The Commission must map out which bottlenecks the Member States and investigative organizations encounter when it comes to cross-border cooperation. The Commission should write down these findings in a report and forward this report to the Council and Parliament once every two years. In that report, the Commission indicates whether, and if so which measures it is taking to tackle these bottlenecks. When applicable, the Commission reflects on the measures taken on the basis of the previous report.
Amendment 201 #
Proposal for a directive 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 .
Amendment 202 #
Proposal for a directive Recital 24 (24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law,
Amendment 203 #
Proposal for a directive Recital 24 (24) Environmental criminal offences harm nature, economy and society. By reporting breaches of Union environmental law,
Amendment 204 #
(24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, people perform a service of public interest and play a key role in exposing and preventing such breaches, and thus safeguarding the welfare of society. Individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. Persons who report irregularities are known as whistleblowers. Potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. Such persons should benefit from
Amendment 205 #
Proposal for a directive Recital 24 a (new) Amendment 206 #
Proposal for a directive 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) (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 208 #
Proposal for a directive 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
Amendment 209 #
Proposal for a directive Recital 25 (25) Other persons may also possess valuable information concerning potential environmental criminal offences. They may be members of the community affected 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 with all the necessary 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 210 #
Proposal for a directive 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 (26)
Amendment 212 #
Proposal for a directive 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) (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) (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 215 #
Proposal for a directive 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 (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
Amendment 217 #
Proposal for a directive Recital 30 (30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors.
Amendment 218 #
Proposal for a directive Recital 30 (30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European
Amendment 219 #
Proposal for a directive 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 220 #
Proposal for a directive Recital 30 b (new) (30b) With a view to closer cooperation between Member States on environmental crime, the EU should consider extending the mandate of the European Public Prosecutor's Office (EPPO) to the criminal offences defined in this Directive. The EPPO, which has its own powers and authority to coordinate investigations and prosecutions in cross- border cases, is currently the European body best placed to deal with the most serious environmental crimes with a cross-border dimension. An extension of the mandate of the EPPO to cover serious environmental crime with across-border dimension, via the European Council in accordance with Article 86(4) TFEU, is therefore necessary. The EPPO would thus be able to deal with crimes with a cross-border dimension for which the strengthening of the criminal response is unlikely to be achieved through the traditional channels of judicial cooperation.
Amendment 221 #
Proposal for a directive Recital 31 a (new) (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 222 #
Proposal for a directive 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
Amendment 223 #
Proposal for a directive 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 regular monitoring for the purpose of producing statistics, 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 relevant statistical data on environmental offences. The Commission should regularly assess and publish the results based on the data transmitted by the Member States.
Amendment 224 #
Proposal for a directive 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
Amendment 225 #
Proposal for a directive 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
Amendment 226 #
Proposal for a directive Recital 33 a (new) (33a) The Commission should, in close cooperation with the Member States 'monitor the justice systems' capacities to detect, prevent, respond, and prosecute environmental crimes as well as identify gaps and provide science-based and specialist recommendations and guidelines to better detect, investigate, prosecute or adjudicate environmental criminal offences.
Amendment 227 #
Proposal for a directive Recital 33 b (new) (33b) The Commission and relevant EU agencies, such as Eurojust and Europol, as well other EU bodies should organise visits to the Member States to provide additional support and monitor the implementation of this Directive. The Commission should support the implementation of actions funded by relevant Union funding programmes and instruments related to environmental criminal offences, provide guidelines for case management and support for professional entities and networks to improve guidelines in order to better detect, investigate, prosecute or adjudicate environmental criminal offences, including field response and personnel training, and provide timely, objective, reliable and easily accessible information on environmental crimes to all national, regional and local authorities as well as NGOs and the public.
Amendment 228 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in order to combat environmental crime, assist the proper implementation and enforcement of environmental legislation and to help protect the environment more effectively.
Amendment 229 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes minimum rules concerning the definition of environmental criminal offences and sanctions
Amendment 230 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes minimum measures to combat environmental crime and minimum rules concerning the definition of criminal offences and sanctions in order to protect the environment more effectively.
Amendment 231 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point a (a)
Amendment 232 #
(a) Union legislation, which irrespective of its legal basis contributes to the pursuit of the objectives of Union policy of protecting the environment and the welfare of animals as set out in the Treaty on the Functioning of the European Union;
Amendment 233 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point a (a) directly applicable Union legislation, 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 234 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point b (b) a law, an administrative regulation of a Member State or a decision taken by a
Amendment 235 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point b (b) a law, an administrative regulation of a Member State or a decision taken by a competent authority of a Member State that gives effect to the Union legislation referred to in point (a) or to the Union´s strategic initiative in the field of environment.
Amendment 236 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point b (b) a law
Amendment 237 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point b (b) a law, an administrative act or regulation of a Member State or a decision taken by a competent authority of a Member State that gives effect to the Union legislation referred to in point (a).
Amendment 238 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – paragraph 1 Amendment 239 #
Proposal for a directive 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
Amendment 240 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – paragraph 1 The conduct shall be deemed unlawful even if carried out under an authorisation by a competent authority in a Member State when the authorisation was obtained fraudulently or by corruption, extortion or coercion; This definition is without prejudice to frameworks that exist in the Member States for determining whether a conduct is unlawful. Nor does the definition affect any justification grounds that exist in national law, or the inferences that a court must draw from the existence of justification grounds;
Amendment 241 #
Proposal for a directive 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 state where the conduct was carried out by an EU citizen or a legal person established in the EU, when the authorisation was obtained fraudulently or by corruption, extortion or coercion;
Amendment 242 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – paragraph 1 The conduct shall be deemed unlawful even if carried out under an authorisation by a competent authority in a Member State when the authorisation was obtained
Amendment 243 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) ‘habitat within a protected site’ means any habitat of species for which an area is classified as a special protection area pursuant to Article 4(1) or (2) of Directive 2009/147/EC of the European Parliament and of the Council30 , or any natural habitat or a habitat of species for which a site is designated as a special area of conservation pursuant to Article 4(4) of Council Directive 92/43/EEC31 or which is inscribed on the UNESCO World Heritage list; _________________ 30 Directive 2009/147/EC of the European
Amendment 244 #
Proposal for a directive Article 2 – paragraph 1 – point 2 a (new) (2a) ´´illegal logging´ means any logging which breaks rules and legislation in force and is not limited to cases which involve products or commodities within the scope of Regulation (EU) No 995/2010 of the European Parliament and of the Council or [ Regulation on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010], including conduct of a local, regional or national forest authority infringing on EU law in sphere of nature protection or on a law implementing EU strategic initiative in the sphere of nature protection;
Amendment 245 #
Proposal for a directive Article 2 – paragraph 1 – point 3 (3) ‘legal person’ means any legal entity having such status under the applicable national law
Amendment 246 #
Proposal for a directive Article 2 – paragraph 1 – point 3 (3) ‘legal person’ means any legal entity having such status under the applicable national law
Amendment 247 #
Proposal for a directive Article 2 – paragraph 1 – point 3 (3) ‘legal person’ means any legal entity having such status under the applicable national law
Amendment 248 #
Proposal for a directive Article 2 – paragraph 1 – point 3 a (new) (3a) 'national public official' means any person holding an executive, administrative or judicial office at national, regional or local level;
Amendment 249 #
Proposal for a directive Article 2 – paragraph 1 – point 4 Amendment 250 #
Proposal for a directive 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
Amendment 251 #
Proposal for a directive 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, including victims of such offences. For the purposes of this definition, persons having a sufficient interest or
Amendment 252 #
Proposal for a directive 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-
Amendment 253 #
Proposal for a directive Article 2 – paragraph 1 – point 4 a (new) (4a) ‘offering for sale’, ‘sale’ and ‘trade’ have the meaning attributed to them in Article 2, points (i), (p), and (u) of Council Regulation (EC) No 338/97 and also cover offering for sale, sale and trade that occur online, irrespective of the place of establishment or residence of the providers of the intermediary online services and of the traders;
Amendment 254 #
Proposal for a directive Article 2 – paragraph 1 – point 4 b (new) Amendment 255 #
Proposal for a directive Article 2 – paragraph 1 – point 5 a (new) Amendment 256 #
Proposal for a directive Article 2 – paragraph 1 – point 5 a (new) (5a) ‘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 https://www.eea.europa.eu/publications/is -europe-living-within-the-planets-limits
Amendment 257 #
Proposal for a directive Article 2 – paragraph 1 – point 5 a (new) (5a) "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 258 #
Proposal for a directive Article 2 – paragraph 1 – point 5 a (new) (5a) ‘environment’ means everything living including humans, animals and plants, and everything non-living including the atmosphere, the hydrosphere and the litosphere;
Amendment 259 #
Proposal for a directive 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 260 #
Proposal for a directive 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 2 – paragraph 1 – point 5 b (new) (5b) ‘polluter pays principle’ means that polluters should bear the costs of their pollution or environmental damage, including the cost of measures taken to prevent, control and remedy pollution, as well as the costs the polluters impose on society;
Amendment 262 #
Proposal for a directive 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 2 – paragraph 1 – point 5 b (new) Amendment 264 #
Proposal for a directive Article 2 – paragraph 1 – point 5 b (new) (5b) ‘wanton’ means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated;
Amendment 265 #
Proposal for a directive Article 2 – paragraph 1 – point 5 c (new) (5c) "long-term" means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time;
Amendment 266 #
Proposal for a directive Article 2 – paragraph 1 – point 5 c (new) (5c) ‘ecocide’ means unlawful or wanton acts committed with the knowledge that there is a substantial likelihood that those acts cause a severe and either wide-spread or long-term damage to the environment.
Amendment 267 #
Proposal for a directive Article 2 – paragraph 1 – point 5 c (new) (5c) ‘severe’ means damage which involves very serious adverse changes, disruption or harm to any element of the environment, including grave impacts on human or animal life, or natural, cultural or economic resources;
Amendment 268 #
Proposal for a directive 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 269 #
Proposal for a directive Article 2 – paragraph 1 – point 5 d (new) (5d) ‘One Health Approach’ means an integrated, unifying approach that aims to sustainably balance and optimize 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 270 #
Proposal for a directive Article 2 – paragraph 1 – point 5 d (new) (5d) ‘long-term damage’ means damage which is irreversible or which cannot be repaired through natural recovery within a reasonable period of time;
Amendment 271 #
Proposal for a directive Article 2 – paragraph 1 – point 5 d (new) Amendment 272 #
Proposal for a directive 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 Earth’s planetary boundaries.
Amendment 273 #
Proposal for a directive 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 274 #
Proposal for a directive 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 275 #
Proposal for a directive Article 3 – paragraph -1 (new) Amendment 276 #
Proposal for a directive 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 277 #
Proposal for a directive Article 3 – paragraph 1 – introductory part 1. Member States shall ensure that the following conduct constitutes a criminal offence when it is unlawful and committed intentionally or with serious negligence:
Amendment 278 #
Proposal for a directive Article 3 – paragraph 1 – introductory part 1. Member States shall ensure that the following conduct constitutes a criminal offence when it is unlawful
Amendment 279 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) the discharge, emission or introduction of a quantity of materials, energy or substances or ionising radiation into air, soil or water which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants
Amendment 280 #
Proposal for a directive 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 281 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) the discharge, emission or introduction of a quantity of energy, materials or substances or ionising radiation into air, soil or water which causes or is likely to cause death or serious injury to any person
Amendment 282 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) the discharge, emission or introduction of a quantity of materials
Amendment 283 #
Proposal for a directive 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 284 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) the placing on
Amendment 285 #
Proposal for a directive 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 s
Amendment 286 #
Proposal for a directive Article 3 – paragraph 1 – point c – introductory part (c) the manufacture, placing on the market or 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 287 #
Proposal for a directive Article 3 – paragraph 1 – point c – introductory part (c) the manufacture, placing on the market
Amendment 288 #
Proposal for a directive Article 3 – paragraph 1 – point c – point iii (iii) this activity is not in compliance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council34
Amendment 289 #
Proposal for a directive Article 3 – paragraph 1 – point c – point vi a (new) Amendment 290 #
Proposal for a directive 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 and it causes or is likely to cause death or serious injury to any person or substantial
Amendment 292 #
Proposal for a directive Article 3 – paragraph 1 – point c – paragraph 1 and it causes or is likely to cause
Amendment 293 #
Proposal for a directive Article 3 - paragraph 1 - point c - paragraph 1 and it causes or is likely to cause death or serious injury to any person or s
Amendment 294 #
and it causes or is likely to cause
Amendment 295 #
Proposal for a directive 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) Amendment 297 #
Proposal for a directive 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 298 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) the execution of projects referred to in Article 1(2)(a) of Directive 2011/92/EU of the European Parliament and of the Council38 without a development consent or an assessment with regard to their effects on the environment, which causes or is likely to cause substantial damage to the
Amendment 299 #
Proposal for a directive Article 3 – paragraph 1 – point d a (new) (da) authorisation or the execution of plan or project referred to in Article 6(3) of Council Directive 92/43/EEEC1a without an appropriate assessment of its implications for the site in view of the site's conservation objectives, referred to in the same Article; _________________ 1a Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora
Amendment 300 #
Proposal for a directive Article 3 – paragraph 1 – point d b (new) (db) authorisation or the execution of the plans or projects authorized without the conditions of the exemption under Article 4(7) of Directive 2000/60/EC1a having been met; _________________ 1a DIRECTIVE 2000/60/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2000 establishing a framework for Community action in the field of water policy
Amendment 301 #
Proposal for a directive Article 3 – paragraph 1 – point e – introductory part (e) the collection, transport, recovery or disposal of waste,
Amendment 302 #
Proposal for a directive Article 3 – paragraph 1 – point e - introductory part (e) the collection, transport, recovery or disposal of waste, the supervision of such operations and the after-care of
Amendment 303 #
Proposal for a directive 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 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)
Amendment 305 #
Proposal for a directive 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
Amendment 306 #
Proposal for a directive 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
Amendment 307 #
Proposal for a directive 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
Amendment 308 #
Proposal for a directive 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 1 – point e – point ii (ii) concerns other waste than referred to in point (i) and causes or is likely to cause
Amendment 310 #
Proposal for a directive Article 3 – paragraph 1 – point e - part 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 s
Amendment 311 #
Proposal for a directive Article 3 – paragraph 1 – point g (g) the recycling of ships falling within the scope of Regulation (EU) No 1257/2013 of the European Parliament and of the Council41 , without complying with the requirements of Article 6(2), point (a) of that Regulation, which causes or is likely to cause substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 41 Regulation (EU) No 1257/2013 of the
Amendment 312 #
Proposal for a directive Article 3 – paragraph 1 – point h (h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive,
Amendment 313 #
Proposal for a directive Article 3 – paragraph 1 – point h (h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship-source discharges do not satisfy the exceptions set in Article 5 of that Directive;
Amendment 314 #
Proposal for a directive Article 3 – paragraph 1 – point h (h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship-source discharges do not satisfy the exceptions set in Article 5 of that Directive;
Amendment 315 #
Proposal for a directive Article 3 – paragraph 1 – point h (h) the ship-source discharges of polluting substances as defined in Article3(2) of Directive 2008/56/EC1a and/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;
Amendment 316 #
Proposal for a directive Article 3 – paragraph 1 – point h (h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship-source discharges do not satisfy the exceptions set in Article 5 of that Directive; this provision shall not apply to individual cases, where the ship- source discharge does not cause deterioration in the quality of water, or other measurable damage to the environment unless repeated cases by the same offender in conjunction result in deterioration in the quality of water or other measurable damage to the environment; _________________ 42 Directive 2005/35/EC of the European
Amendment 317 #
Proposal for a directive 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
Amendment 318 #
Proposal for a directive 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
Amendment 319 #
Proposal for a directive Article 3 – paragraph 1 – point i Amendment 320 #
Proposal for a directive 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
Amendment 321 #
Proposal for a directive 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
Amendment 322 #
Proposal for a directive 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
Amendment 323 #
Proposal for a directive 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
Amendment 324 #
Proposal for a directive Article 3 – paragraph 1 – point k (k) the abstraction of surface water or groundwater which causes
Amendment 325 #
Proposal for a directive 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 326 #
Proposal for a directive Article 3 – paragraph 1 – point k a (new) (ka) committing a serious infringement within the meaning of Article 90 of Regulation (EC) No 1224/20091a of the European Parliament and of the Council; _________________ 1a Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).
Amendment 327 #
Proposal for a directive 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 328 #
Proposal for a directive Article 3 – paragraph 1 – point k a (new) (ka) committing serious infringements of the EU Fisheries Control System, as defined in Article 90 of Council Regulation (EC) 1224/2009;
Amendment 329 #
Proposal for a directive 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 II, IV and V
Amendment 330 #
Proposal for a directive 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 (when species in Annex V are subject to the same measures as those adopted for species in Annex IV) to Council Directive 92/43/EEC49 and the species referred to in Article 1 of Directive 2009/147/EC50 of the European Parliament and of the Council
Amendment 331 #
Proposal for a directive 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
Amendment 332 #
Proposal for a directive Article 3 – paragraph 1 – point l a (new) Amendment 333 #
Proposal for a directive Article 3 – paragraph 1 – point m (m) trading in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A and B to Council Regulation (EC) No 338/9751
Amendment 334 #
Proposal for a directive Article 3 – paragraph 1 – point m (m) trading in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A and B, C to Council Regulation (EC) No 338/9751
Amendment 335 #
Proposal for a directive 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
Amendment 336 #
Proposal for a directive Article 3 – paragraph 1 – point m (m) trading in specimens of wild fauna
Amendment 337 #
Proposal for a directive 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
Amendment 338 #
Proposal for a directive 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
Amendment 339 #
Proposal for a directive Article 3 – paragraph 1 – point n (n) the placing or making available on a larger scale 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
Amendment 340 #
Proposal for a directive Article 3 – paragraph 1 – point n a (new) (na) committing an infringement within the meaning of Article 90 of Regulation (EC) No 1224/20091a of the European Parliament and of the Council; _________________ 1a Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1)
Amendment 341 #
Proposal for a directive Article 3 – paragraph 1 – point n b (new) Amendment 342 #
Proposal for a directive Article 3 – paragraph 1 – point n c (new) (nc) incompliance with sustainability criteria pursuant Art. 29 of Directive (EU) .../….[recast RED];
Amendment 343 #
Proposal for a directive Article 3 – paragraph 1 – point n d (new) (nd) illegal logging;
Amendment 344 #
Proposal for a directive 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 any conduct consisting in killing or destroying animal and plant species protected in a habitat within a protected side, when the endangerment of their status is significant;
Amendment 345 #
Proposal for a directive 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 for which the site has been designated, within the meaning of Article 6(2) of the Directive 92/43/EEC
Amendment 346 #
Proposal for a directive 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 greater than insignificant;
Amendment 347 #
Proposal for a directive Article 3 – paragraph 1 – point o (o) any conduct which causes the deterioration of a habitat
Amendment 348 #
Proposal for a directive 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
Amendment 349 #
Proposal for a directive 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
Amendment 350 #
Proposal for a directive Article 3 – paragraph 1 – point p – point i (i) the conduct breaches restrictions set out in Article 7(1) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council53 and has or is likely to have a significant adverse impact on biodiversity or the related ecosystem service; _________________ 53 Regulation (EU) No 1143/2014 of the
Amendment 351 #
Proposal for a directive 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
Amendment 352 #
Proposal for a directive 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 353 #
Proposal for a directive 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
Amendment 354 #
Proposal for a directive Article 3 – paragraph 1 – point p - part 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 s
Amendment 355 #
Proposal for a directive Article 3 – paragraph 1 – point p – point ii a (new) (iia) The conduct causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 356 #
Proposal for a directive Article 3 – paragraph 1 – point q (q) production, placing on the market, import, export, use, emission or release of ozone depleting substances as defined in Article 3 (4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council54 or of products and equipment containing or relying on such substances, when undertaken in a non- negligible quantity; _________________ 54 Regulation (EC) No 1005/2009 of the
Amendment 357 #
(r) production, placing on the market, import, export, use, emission or release of fluorinated greenhouse gases as defined in Article 2 (1) of Regulation 517/2014 of the European Parliament and of the Council55 or of products and equipment containing or relying on such gases, when undertaken in a non-negligible quantity. _________________ 55 Regulation (EU) No 517/2014 of the
Amendment 358 #
Proposal for a directive Article 3 – paragraph 1 – point r a (new) (ra) serious acts of illegal, unreported and unregulated fishing, as defined in Article 42 of Regulation (EC) No 1005/2008 and Article 90 of Regulation (EC) No 1224/2009;
Amendment 359 #
Proposal for a directive Article 3 – paragraph 1 – point r a (new) (ra) ecocide as severe disrespect of the European Climate Law, the biodiversity and the pollution legislation;
Amendment 360 #
Proposal for a directive 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 361 #
Proposal for a directive 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 362 #
Proposal for a directive Article 3 – paragraph 1 – point r d (new) (rd) the violation of standards as set in the Corporate Sustainability Due Diligence (COD2022/0051);
Amendment 363 #
Proposal for a directive 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 364 #
Proposal for a directive Article 3 – paragraph 1 a (new) Amendment 365 #
Proposal for a directive Article 3 – paragraph 1 a (new) 1a. Member States shall establish as "ecocide" any action that causes destruction or irreversible or long-lasting substantial damage to an ecosystem with knowledge that there was a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by this action.
Amendment 366 #
Proposal for a directive Article 3 – paragraph 2 Amendment 367 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall ensure that
Amendment 368 #
Proposal for a directive 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 3 – paragraph 2 2. Member States shall ensure that the conduct referred to in paragraph 1, points (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p) (ii), (q), (r) also constitutes a criminal offence, when committed with
Amendment 370 #
Proposal for a directive Article 3 – paragraph 2 a (new) 2a. Member States may establish their jurisdiction over the offence of ecocide for the most serious offences under Article 3(1) and Article 3(2), namely, unlawful or wanton conduct committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by that conduct.
Amendment 371 #
Proposal for a directive Article 3 – paragraph 3 Amendment 372 #
Proposal for a directive Article 3 – paragraph 3 – introductory part 3. Where an offence referred to in the points (a) to (e), (g) to (j), (k), (p), (q), (r) of Article 3(1) and Article 3(2) involves damage of less than EUR 10 000 or an advantage of less than EUR 10 000, Member States may provide for sanctions other than criminal sanctions. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account, where relevant, when assessing whether the damage, advantage gained or likely damage is substantial for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1
Amendment 373 #
Proposal for a directive 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 s
Amendment 374 #
Proposal for a directive Article 3 – paragraph 3 – introductory part 3. Member States shall ensure that
Amendment 375 #
Proposal for a directive Article 3 – paragraph 3 – point b a (new) (ba) real or estimated avoided cost of compliance and the advantage gained over the legally operating business;
Amendment 376 #
Proposal for a directive Article 3 – paragraph 3 – point b b (new) Amendment 377 #
Proposal for a directive Article 3 – paragraph 3 – point c (c) severity of the damage e.g. expressed as a cost of restoration, and/or expressed as the timeframe needed of bringing down the exceeded values and parameters to the limit values;
Amendment 378 #
Proposal for a directive Article 3 – paragraph 3 – point d (d) spread of the damage, including consideration of the value of the supplied ecosystem service lost or temporarily lost, and social or monetary value of specimen of wildlife affected or killed;
Amendment 379 #
Proposal for a directive Article 3 – paragraph 3 – point d a (new) (da) the duration of the infringement or non-compliance;
Amendment 380 #
Proposal for a directive Article 3 – paragraph 3 – point d b (new) (db) the conservation status of and trend regarding the species, population or habitat affected;
Amendment 381 #
Proposal for a directive Article 3 – paragraph 3 – point d c (new) (dc) the scale of financial benefits gained by committing the offence;
Amendment 382 #
Proposal for a directive Article 3 – paragraph 3 – point e a (new) (ea) (f) whether the effects or likely effects on the environment are unacceptable taking into account the level of environmental protection which the relevant union legislation aim to ensure.
Amendment 383 #
Proposal for a directive Article 3 – paragraph 3 – point e a (new) (ea) the conservation status of the species affected and the habitat affected.
Amendment 384 #
Proposal for a directive Article 3 – paragraph 3 – point e a (new) (ea) monetary value of the damage.
Amendment 385 #
Proposal for a directive Article 3 – paragraph 3 – point e b (new) (eb) conservation status of the species affected by the damage.
Amendment 386 #
Proposal for a directive Article 3 – paragraph 3 – point e b (new) (eb) the financial benefits gained by committing the offence;
Amendment 387 #
Proposal for a directive Article 3 – paragraph 4 Amendment 388 #
Proposal for a directive 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 animals or plants for the purposes of the investigation, prosecution and adjudication of at least the offences referred to in paragraph 1, points (a) to (e), (i), (j), (k) and (p):
Amendment 389 #
Proposal for a directive Article 3 – paragraph 4 – point a (a) the conduct relates to an activity
Amendment 390 #
Proposal for a directive Article 3 – paragraph 4 – point b a (new) (ba) the duration of the infringement or non-compliance;
Amendment 391 #
Proposal for a directive Article 3 – paragraph 4 – point c a (new) (ca) the potential consequences on human health and human rights;
Amendment 392 #
Proposal for a directive 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) (cb) the act constitutes a violation or negligence of the due diligence.
Amendment 394 #
Proposal for a directive Article 3 – paragraph 5 Amendment 395 #
Proposal for a directive Article 3 – paragraph 5 – introductory part 5. Where a criminal offence referred to in the points (e), (f), (l) to (o) of Article 3(1) involves the value of less than EUR 10 000 or an advantage gained of less than EUR 10 000, Member States may provide for sanctions other than criminal sanctions. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account when assessing whether the quantity is negligible or non-negligible for the purposes of the investigation, prosecution and adjudication of offences
Amendment 396 #
Proposal for a directive Article 3 – paragraph 5 – point a (a) the amount, area or number of items subject to the offence and their monetary or social value;
Amendment 397 #
Proposal for a directive 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 398 #
Proposal for a directive Article 3 – paragraph 5 – point c (c) the conservation status of the respective populations of fauna or flora species concerned;
Amendment 399 #
Proposal for a directive Article 3 – paragraph 5 – point c a (new) (ca) the level of protection awarded to the area or species concerned (strict protection; moratorium on killing, destruction, taking of specimens of wild fauna and flora; core area of national park; UNESCO heritage site, etc);
Amendment 400 #
Proposal for a directive Article 3 – paragraph 5 – point c a (new) (ca) whether the offender has committed prior infringements;
Amendment 401 #
Proposal for a directive Article 3 – paragraph 5 – point c b (new) (cb) the value of the supplied ecosystem service lost or temporarily lost
Amendment 402 #
Proposal for a directive Article 3 – paragraph 5 – point d a (new) (da) the real or estimated avoided cost of compliance and/or other type of financial gains obtained by the offence.
Amendment 403 #
Proposal for a directive Article 3 – paragraph 5 – point d a (new) (da) for offences referred to in paragraph 1 (m), the conservation status of the species;
Amendment 404 #
Proposal for a directive Article 3 – paragraph 5 – point d a (new) (da) the scale of the financial benefits gained by committing the offence.
Amendment 405 #
Proposal for a directive Article 3 – paragraph 5 – point d a (new) (da) the polluter pays principle.
Amendment 406 #
Proposal for a directive Article 3 – paragraph 5 – point d b (new) (db) the commission of the offence by an criminal organisation within the meaning of Council Framework Decision 2008/841/JHA
Amendment 407 #
Proposal for a directive Article 3 – paragraph 5 – point d b (new) (db) value of carbon stored in the ecosystem, including soil, emitted to the atmosphere following the damage;
Amendment 408 #
Proposal for a directive Article 3 – paragraph 5 – point d b (new) (db) the scale of the financial benefits gained by committing the offence;
Amendment 409 #
Proposal for a directive Article 3 – paragraph 5 – point d c (new) (dc) whether or not the offence was committed by an organised criminal group.
Amendment 410 #
Proposal for a directive Article 3 – paragraph 5 a (new) 5a. 6. For the offences mentioned in this Article and in line with Article 25(3), Member states shall continuously ensure that new and updated legislation at EU, national and regional level regarding these offences is duly taken into account.
Amendment 411 #
Proposal for a directive 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 412 #
Proposal for a directive Article 3 a (new) Article 3 a Ecocide Member States shall adopt a new offence of ecocide for the most serious violations under Article 3, namely, unlawful or wanton conduct committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by this conduct.
Amendment 413 #
Proposal for a directive 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 Article 3(1) and the ecocide referred to in Article 3a are punishable as criminal offences.
Amendment 414 #
Proposal for a directive 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 Article 3(1) and Article 3 (1a) are punishable as criminal offences.
Amendment 415 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that
Amendment 416 #
Proposal for a directive 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 417 #
Proposal for a directive 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)
Amendment 418 #
Proposal for a directive Article 4 – paragraph 2 2. Member States shall take the
Amendment 419 #
Proposal for a directive 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), (l), (m), (n), (o), (p) (ii), (q), (r) when committed intentionally is punishable as a criminal offence.
Amendment 420 #
Proposal for a directive 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 4 – paragraph 2 a (new) 2a. Member States shall take the necessary measures to ensure that an attempt to commit the criminal offence referred to in Article 3 (1a) is punishable as a criminal offence.
Amendment 422 #
Proposal for a directive 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 423 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that the
Amendment 424 #
Proposal for a directive 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 5 – paragraph 2 2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least ten years if they cause or are likely to cause death or serious injury to any person and with a maximum penalty of at least six years in other cases.
Amendment 426 #
Proposal for a directive 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 427 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 (1) are punishable by a maximum term of imprisonment of at least
Amendment 428 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall take the
Amendment 429 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least ten years if they cause
Amendment 430 #
Proposal for a directive Article 5 – paragraph 3 Amendment 431 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by a maximum term of imprisonment of at least
Amendment 432 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by a maximum term of imprisonment of at least
Amendment 433 #
Proposal for a directive Article 5 – paragraph 4 Amendment 434 #
Proposal for a directive Article 5 – paragraph 4 4. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by a maximum term of imprisonment of at least
Amendment 435 #
Proposal for a directive Article 5 – paragraph 4 4. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by a maximum term of imprisonment of at least
Amendment 436 #
4a. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1a) are punishable by a maximum term of imprisonment of at least 15 years.
Amendment 437 #
Proposal for a directive 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) 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 439 #
Proposal for a directive 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 440 #
Proposal for a directive 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 and 4 may be subject to additional sanctions or measures which
Amendment 441 #
Proposal for a directive Article 5 – paragraph 5 – point a (a) obligation to fully cover the cost of reinstat
Amendment 442 #
Proposal for a directive 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 443 #
Proposal for a directive Article 5 – paragraph 5 – point a (a)
Amendment 444 #
Proposal for a directive Article 5 – paragraph 5 – point a a (new) (a a) civil liability in case the reinstatement is no longer possible;
Amendment 445 #
Proposal for a directive Article 5 – paragraph 5 – point a b (new) (ab) obligation to cover cost of placement of confiscated animals in a rescue centre or other appropriate interim facility;
Amendment 446 #
Proposal for a directive 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 447 #
Proposal for a directive Article 5 – paragraph 5 – point b (b)
Amendment 448 #
Proposal for a directive Article 5 – paragraph 5 – point b (b) fines proportionate to the financial advantage accrued by committing the offence;
Amendment 449 #
Proposal for a directive Article 5 – paragraph 5 – point b (b) fines, which shall be proportional to the damage caused by the offence;
Amendment 450 #
Proposal for a directive Article 5 – paragraph 5 – point b (b) fines in an amount sufficient to fulfil their punitive and deterrent nature;
Amendment 451 #
Proposal for a directive 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 452 #
Proposal for a directive Article 5 – paragraph 5 – point c (c) temporary
Amendment 453 #
Proposal for a directive 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 454 #
Proposal for a directive 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 (parts of the) Member States;
Amendment 455 #
Proposal for a directive Article 5 – paragraph 5 – point e (e)
Amendment 456 #
(ea) bans to pursue activities which have resulted in committing the offence;
Amendment 457 #
Proposal for a directive Article 5 – paragraph 5 – point e a (new) (ea) lifelong prohibition on working with and owning animals;
Amendment 458 #
Proposal for a directive Article 5 – paragraph 5 – point f Amendment 459 #
Proposal for a directive Article 5 – paragraph 5 – point g Amendment 460 #
Proposal for a directive Article 5 – paragraph 5 – point g a (new) (ga) reimbursement of costs made by third parties who have investigated, reported or sued the offender;
Amendment 461 #
Proposal for a directive 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 462 #
Proposal for a directive 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
Amendment 463 #
Proposal for a directive 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 464 #
Proposal for a directive 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
Amendment 465 #
Proposal for a directive Article 6 – paragraph 1 – point c (c) an authority to exercise control within the legal person, including supply chain due diligence.
Amendment 466 #
Proposal for a directive Article 6 – paragraph 2 2. Member States shall also ensure that legal persons can be held liable where the lack of supervision or control 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 467 #
Proposal for a directive Article 6 – paragraph 2 2. Member States shall also ensure that legal persons can be held liable where the culpable 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 and 4 for the benefit of the legal person by a person under its authority.
Amendment 468 #
Proposal for a directive 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 3. Liability of legal persons under paragraphs 1 and 2 shall not exclude
Amendment 470 #
Proposal for a directive 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 471 #
Proposal for a directive Article 7 – paragraph 1 1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6
Amendment 472 #
Proposal for a directive 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 473 #
Proposal for a directive 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
Amendment 474 #
Proposal for a directive 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 475 #
Proposal for a directive Article 7 – paragraph 2 – point a Amendment 476 #
Proposal for a directive Article 7 – paragraph 2 – point a (a) criminal or non-criminal
Amendment 477 #
Proposal for a directive Article 7 – paragraph 2 – point b (b)
Amendment 478 #
Proposal for a directive Article 7 – paragraph 2 – point b (b)
Amendment 479 #
Proposal for a directive Article 7 – paragraph 2 – point c (c) exclusion from entitlement to public benefits or aid, including in other Member States;
Amendment 480 #
(c) temporary exclusion from entitlement to public benefits or aid;
Amendment 481 #
Proposal for a directive 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 482 #
Proposal for a directive Article 7 – paragraph 2 – point e (e) temporary or permanent disqualification from the practice of business activities, including in other Member States;
Amendment 483 #
(e) temporary
Amendment 484 #
Proposal for a directive Article 7 – paragraph 2 – point f (f)
Amendment 485 #
Proposal for a directive Article 7 – paragraph 2 – point g a (new) (ga) lifelong prohibition on working with and owning animals;
Amendment 486 #
Proposal for a directive Article 7 – paragraph 2 – point j Amendment 487 #
Proposal for a directive Article 7 – paragraph 2 – point j (j) obligation of companies to install due diligence schemes for enhancing compliance with environmental standards where this is not a legal obligation;
Amendment 488 #
Proposal for a directive Article 7 – paragraph 2 – point j a (new) (j a) reimbursement of costs made by third parties who have investigated, reported or sued the offender;
Amendment 489 #
Proposal for a directive Article 7 – paragraph 2 – point k a (new) (ka) the removal from the European Transparency Register.
Amendment 490 #
Proposal for a directive Article 7 – paragraph 3 3. Member States shall take the necessary measures to ensure that
Amendment 491 #
Proposal for a directive Article 7 – paragraph 3 3. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(2) is punishable by sanctions or measures, which are effective, proportionate and dissuasive. Criminal liability of an enterprise may be transferred to the successor company.
Amendment 492 #
Proposal for a directive Article 7 – paragraph 4 Amendment 493 #
Proposal for a directive Article 7 – paragraph 4 4. Member States shall take the necessary measures to ensure that offences referred to in Article 3
Amendment 494 #
Proposal for a directive Article 7 – paragraph 4 4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1)
Amendment 495 #
Proposal for a directive 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
Amendment 496 #
Proposal for a directive Article 7 – paragraph 4 4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1)
Amendment 497 #
Proposal for a directive Article 7 – paragraph 4 4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1)
Amendment 498 #
Proposal for a directive Article 7 – paragraph 4 4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1)
Amendment 499 #
Proposal for a directive Article 7 – paragraph 5 Amendment 500 #
Proposal for a directive Article 7 – paragraph 5 Amendment 501 #
Proposal for a directive Article 7 – paragraph 5 Amendment 502 #
Proposal for a directive Article 7 – paragraph 5 Amendment 503 #
Proposal for a directive Article 7 – paragraph 5 Amendment 504 #
Proposal for a directive Article 7 – paragraph 5 Amendment 505 #
Proposal for a directive Article 7 – paragraph 5 5. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by fines, the maximum limit of which shall be not less than
Amendment 506 #
Proposal for a directive 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 507 #
Proposal for a directive Article 7 – paragraph 5 a (new) 5 a. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1a) are punishable by fines, the maximum limit of which shall be not less than 25% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 508 #
Proposal for a directive Article 7 – paragraph 5 a (new) 5a. The maximum limit of fines shall be extended to 15% in cases of offences with aggravating circumstances as referred to in Article 8, and in the case of ecocide.
Amendment 509 #
Proposal for a directive Article 7 – paragraph 6 Amendment 510 #
Proposal for a directive 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 511 #
Proposal for a directive 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
Amendment 512 #
Proposal for a directive 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 513 #
Proposal for a directive Article 8 – paragraph 1 – point -a (new) (-a) the offence is considered as ecocide, as referred to in Article 3a;
Amendment 514 #
Proposal for a directive Article 8 – paragraph 1 – point a (a) the offence caused the death of, or serious injury to, a person or animal;
Amendment 515 #
Proposal for a directive Article 8 – paragraph 1 – point a a (new) (aa) the offence caused the unnecessary and avoidable suffering of animal;
Amendment 516 #
Proposal for a directive 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 517 #
Proposal for a directive Article 8 – paragraph 1 – point b (b) the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem or to the populations of wild animals or plant species covered by Council Regulation (EC) No 338/97, Council Directive 92/43/EEC and Directive 2009/147/EC of the European Parliament and of the Council;
Amendment 518 #
Proposal for a directive Article 8 – paragraph 1 – point b (b) the offence caused destruction or irreversible or long-lasting
Amendment 519 #
Proposal for a directive Article 8 – paragraph 1 – point b a (new) (ba) outstanding natural values of the area concerned (awarded strict protection, core area of national park, UNESCO heritage site etc.);
Amendment 520 #
Proposal for a directive Article 8 – paragraph 1 – point b a (new) (ba) the offence damaged a Natura 2000 site;
Amendment 521 #
Proposal for a directive Article 8 – paragraph 1 – point b b (new) (bb) the offence damaged a legally protected area in a third country;
Amendment 522 #
Proposal for a directive Article 8 – paragraph 1 – point c (c) the offence was committed
Amendment 523 #
Proposal for a directive Article 8 – paragraph 1 – point c a (new) (ca) the offence was committed together with other criminal offence, including intentional homicide;
Amendment 524 #
Proposal for a directive Article 8 – paragraph 1 – point d (d) the offence involved the use of false or forged documents or corruption;
Amendment 525 #
Proposal for a directive Article 8 – paragraph 1 – point d (d) the offence
Amendment 526 #
Proposal for a directive Article 8 – paragraph 1 – point e (e) the offence was committed by a national public official when performing his/her duties;
Amendment 527 #
Proposal for a directive Article 8 – paragraph 1 – point e (e) the offence was committed by a public official when performing
Amendment 528 #
Proposal for a directive Article 8 – paragraph 1 – point f (f) the offender
Amendment 529 #
Proposal for a directive Article 8 – paragraph 1 – point f (f) the offender committed
Amendment 530 #
Proposal for a directive Article 8 – paragraph 1 – point f (f) the offender committed
Amendment 531 #
Proposal for a directive Article 8 – paragraph 1 – point f a (new) (fa) the offence converges with other crimes.
Amendment 532 #
Proposal for a directive Article 8 – paragraph 1 – point h Amendment 533 #
Proposal for a directive Article 8 – paragraph 1 – point i Amendment 534 #
Proposal for a directive Article 8 – paragraph 1 – point i a (new) (ia) the offender has actively proceeded with the unlawful conduct after an infringement procedure in the respective policy area related to the activity of the offender had been launched by the European Commission;
Amendment 535 #
Proposal for a directive Article 8 – paragraph 1 – point j 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 8 – paragraph 1 – point j a (new) (ja) cruelty or causing avoidable pain, distress and suffering to animals;
Amendment 538 #
Proposal for a directive 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) (j c) the offence was committed together with other criminal offences;
Amendment 540 #
Proposal for a directive 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 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 9 – paragraph 1 – point a (a) the offender restores
Amendment 543 #
Proposal for a directive 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 544 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) the offender restores nature to
Amendment 545 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) the offender restores nature to its previous condition prior to the indictment of criminal proceedings;
Amendment 546 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) the offender
Amendment 547 #
Proposal for a directive Article 10 – paragraph 1 a (new) Amendment 548 #
Proposal for a directive Article 10 – paragraph 1 a (new) Member States shall ensure that confiscated live animals are properly housed, fed and cared for, and shall ensure that the costs thereof are recovered from the offender;
Amendment 549 #
Proposal for a directive Article 10 – paragraph 1 b (new) Animal shelters, sanctuaries, rescue centres and any other appropriate interim facilities shall be equipped to accommodate and address the specific needs of confiscated specimens of wild fauna species subject to the offences (l),(m) of Article 3, to assist in the recovery and provide adequate and appropriate living conditions with a view on a release, when possible.
Amendment 550 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall take the necessary measures to provide for a limitation period that enables the investigation, prosecution, trial and judicial adjudication of criminal offences referred to in Articles 3 and 4 for a sufficient period of time after the commission of those criminal offences, in order for those criminal offences to be tackled effectively. For the crimes comparable to or qualifying as an offence of ecocide and crimes affecting an ecosystem that is established as a legal entity there shall be no limitation period.
Amendment 551 #
Proposal for a directive 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 552 #
Proposal for a directive 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
Amendment 553 #
Proposal for a directive 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 554 #
Proposal for a directive Article 11 – paragraph 1 a (new) 1a. Member States shall take the necessary measures to ensure that the limitation period of criminal offences referred to in Articles 3 and 4 does not commence until the concrete scope of the damage to the environment has been fully measured by appropriate scientific means.
Amendment 555 #
Proposal for a directive Article 11 – paragraph 2 Amendment 556 #
Proposal for a directive 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 557 #
Proposal for a directive Article 11 – paragraph 2 – point a (a) of offences referred to in Articles 3 and 4 which are punishable by a maximum
Amendment 558 #
Proposal for a directive 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
Amendment 559 #
Proposal for a directive 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 560 #
Proposal for a directive 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,
Amendment 561 #
Proposal for a directive 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
Amendment 562 #
Proposal for a directive Article 11 – paragraph 2 – point c Amendment 563 #
Proposal for a directive 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 564 #
Proposal for a directive 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,
Amendment 565 #
Proposal for a directive 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
Amendment 566 #
Proposal for a directive Article 11 – paragraph 3 Amendment 567 #
Proposal for a directive Article 11 – paragraph 3 Amendment 568 #
Proposal for a directive Article 11 – paragraph 3 Amendment 569 #
Proposal for a directive Article 11 – paragraph 3 3. By way of derogation from paragraph 2, Member States may establish a limitation period that is shorter than ten years, but not shorter than
Amendment 570 #
Proposal for a directive 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 571 #
Proposal for a directive Article 11 – paragraph 4 Amendment 572 #
Proposal for a directive 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
Amendment 573 #
Proposal for a directive Article 11 – paragraph 4 – point a (a) a penalty of imprisonment in the
Amendment 574 #
Proposal for a directive Article 11 – paragraph 4 – point b (b) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least six years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4
Amendment 575 #
Proposal for a directive Article 11 – paragraph 4 – point b (b) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least
Amendment 576 #
Proposal for a directive Article 11 – paragraph 4 – point c Amendment 577 #
Proposal for a directive Article 11 – paragraph 4 – point c (c) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least
Amendment 578 #
Proposal for a directive Article 11 – paragraph 4 – point c (c) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least
Amendment 579 #
Proposal for a directive Article 11 – paragraph 4 – subparagraph 1 These periods may include extensions of the limitation period arising from interruption or suspension. Sentencing shall follow national standards regarding the suspension of sentences.
Amendment 580 #
Proposal for a directive 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 581 #
Proposal for a directive Article 12 – paragraph 1 – point c (c)
Amendment 582 #
Proposal for a directive Article 12 – paragraph 1 – point d (d) the offender is one of its nationals or habitual residents
Amendment 583 #
Proposal for a directive Article 12 – paragraph 1 – point d (d) the offender is one of its nationals
Amendment 584 #
Proposal for a directive 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 585 #
Proposal for a directive 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 12 – paragraph 1 – point d b (new) (db) the offence is committed against one of its nationals or its habitual residents;
Amendment 587 #
Proposal for a directive Article 12 – paragraph 1 – point d c (new) (dc) the offence has created a severe risk for the environment on its territory.
Amendment 588 #
Proposal for a directive Article 12 – paragraph 2 Amendment 589 #
Proposal for a directive Article 12 – paragraph 2 – introductory part 2. A Member State shall
Amendment 590 #
Proposal for a directive Article 12 – paragraph 2 – point -a (new) (-a) the offender has his or her habitual residence in its territory;
Amendment 591 #
Proposal for a directive Article 12 – paragraph 2 – point a Amendment 592 #
Proposal for a directive Article 12 – paragraph 2 – point b Amendment 593 #
Proposal for a directive Article 12 – paragraph 2 – point c Amendment 594 #
Proposal for a directive 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) 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 596 #
Proposal for a directive Article 12 – paragraph 3 3. In cases referred to in paragraph 1, points (c) and (d) and (da), 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 597 #
Proposal for a directive 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 598 #
Proposal for a directive 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 both individual and legal persons reporting criminal offences referred to in Articles 3 and 4 of this Directive.
Amendment 599 #
Proposal for a directive 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 600 #
Proposal for a directive 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 as provided for in Directive (EU) 2019/1937 in the context of criminal proceedings.
Amendment 601 #
Proposal for a directive 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 602 #
Proposal for a directive 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 603 #
Proposal for a directive Article 13 – paragraph 2 a (new) 2 a. The Commission shall create a platform to enable persons to report environmental offences anonymously. This platform will also allow persons to inform about how the concerned Member States have dealt with the environmental offence. The Commission will actively follow up on serious allegations with the concerned Member States, and shall publish regularly on the received reports.
Amendment 604 #
Proposal for a directive 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 605 #
Proposal for a directive Article 14 Amendment 606 #
Proposal for a directive Article 14 – title Rights
Amendment 607 #
Proposal for a directive 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 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 609 #
Proposal for a directive 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 and 4,
Amendment 610 #
Proposal for a directive 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 and 4, for instance as a civil party or as a private prosecution.
Amendment 611 #
Proposal for a directive Article 14 – paragraph 1 Member States shall ensure that, in accordance with their national legal system, members of the public
Amendment 612 #
Proposal for a directive 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) 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) 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 615 #
Proposal for a directive Article 15 Amendment 616 #
Proposal for a directive Article 15 – paragraph 1 Member States shall take appropriate action, such as proactive law enforcement tools, information and awareness-
Amendment 617 #
Proposal for a directive Article 15 – paragraph 1 Member States shall take appropriate action, such as preventive law enforcement tools, information and awareness-
Amendment 618 #
Proposal for a directive Article 16 Amendment 619 #
Proposal for a directive Article 16 – paragraph 1 Member States shall ensure that national authorities which execute inspections, detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.
Amendment 620 #
Proposal for a directive Article 16 – paragraph 1 Member States shall ensure that national authorities which prevent, detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.
Amendment 621 #
Proposal for a directive Article 16 – paragraph 1 a (new) Amendment 622 #
Proposal for a directive Article 17 Amendment 623 #
Proposal for a directive Article 17 – paragraph 1 a (new) Without prejudice to the first paragraph, the Commission shall develop sentencing guidelines in order to assist the Member States and their authorities in proper and harmonised implementation of the Directive.
Amendment 624 #
Proposal for a directive Article 18 – paragraph 1 Member States shall take the necessary measures to ensure that effective investigative tools
Amendment 625 #
Proposal for a directive Article 18 – paragraph 1 Member States shall take the necessary measures to ensure that
Amendment 626 #
Proposal for a directive 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 627 #
Proposal for a directive 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) 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 629 #
Proposal for a directive Article 19 – paragraph 1 – point b Amendment 630 #
Proposal for a directive Article 19 – paragraph 1 – point c Amendment 631 #
Proposal for a directive Article 19 – paragraph 1 – point d a (new) (da) the exchange of information on offenders to prevent that persons who committed environmental offences can resume their criminal activities in another (part of the) Member State
Amendment 632 #
Proposal for a directive Article 19 – paragraph 1 a (new) Article 19(a) Extension of EPPO mandate The mandate of the European Public Prosecutor's Office (EPPO) shall be extended to cover serious environmental crimes with a cross-border dimension. EPPO shall support Member States, but also intervene in cases where the actions of Member States regarding environmental crimes are not sufficient.
Amendment 633 #
Proposal for a directive Article 19 a (new) Article 19 a Cooperation between the Member States and the Commission (OLAF) and other Union bodies Without prejudice to the rules on cross- border cooperation and mutual legal assistance in criminal matters, the Member States, Eurojust, the European Public Prosecutor's Office and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in Articles 3 and 4. To that end the Commission, and where appropriate, Eurojust, shall provide such technical and operational assistance as the competent national authorities need to facilitate coordination of their investigations. The EPPO shall be responsible for investigating, prosecuting and bringing to judgment the perpetrators of, and accomplices to, criminal offences. In that respect the EPPO shall undertake investigations, and carry out acts of prosecution and exercise the functions of prosecutor in the competent courts of the Member States.
Amendment 634 #
Proposal for a directive Article 19 a (new) Amendment 635 #
Proposal for a directive Article 19 a (new) Article 19 a ART.19a - Expenditure on access to justice relating to the environment, biodiversity and animal ecosystems Each Member State shall ensure access to justice, in criminal, civil or administrative form, to all persons concerned and to associations and organisations with widespread environmental interests as cheaply as possible. In particular, Member States shall ensure legal aid in criminal, civil or administrative proceedings, to any interested party and to environmental, ecological or animal protection associations, when they are spread throughout their country, where action is taken or is to be taken in the public interest to protect the environment, biodiversity, ecosystems and animals, or in the event of any significant and measurable deterioration, direct or indirect, of the environment, biodiversity, ecosystems and animals.
Amendment 636 #
Proposal for a directive Article 20 Amendment 637 #
Proposal for a directive 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 638 #
Proposal for a directive Article 20 – paragraph 1 – point c (c) the modes of coordination, exchange of best practices and cooperation between the competent authorities and between the competent national authorities and the competent national authorities of other Member States, including on the management of the confiscated gains;
Amendment 639 #
Proposal for a directive 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) (da) guidelines for the use of the proceeds of administrative and criminal sanctions for environmental restoration actions.
Amendment 641 #
Proposal for a directive Article 20 – paragraph 1 – point e a (new) (ea) specific steps to secure the necessary resources, both personnel and financial, and how to support the specialisation of law enforcement professionals;
Amendment 642 #
Proposal for a directive Article 20 – paragraph 1 – point f (f) the procedures and mechanisms for data sharing and regular monitoring and evaluation of the results achieved;
Amendment 643 #
Proposal for a directive Article 20 – paragraph 2 2. Member States shall ensure that the strategy is reviewed and updated at regular intervals no longer than
Amendment 644 #
Proposal for a directive Article 20 – paragraph 2 2. Member States shall ensure that the strategy is reviewed and updated at regular intervals no longer than
Amendment 645 #
Proposal for a directive Article 21 – paragraph 2 – point b (b) the number of environmental crime cases investigated, and separately for those involving cross-border cooperation;
Amendment 646 #
Proposal for a directive Article 21 – paragraph 2 – point c (c) the average length of the criminal investigations of environmental crimes, as well as the maximum length;
Amendment 647 #
Proposal for a directive Article 21 – paragraph 2 – point g (g) the number of dismissed court cases for environmental crime, and separately dismissals upon the expiry of the limitation period;
Amendment 648 #
Proposal for a directive Article 21 – paragraph 3 3. Member States shall
Amendment 649 #
Proposal for a directive Article 21 – paragraph 3 3. Member States shall ensure that the statistical data as well as a consolidated review of their statistics
Amendment 650 #
Proposal for a directive Article 21 – paragraph 3 3. Member States shall ensure that a consolidated review of their statistics is
Amendment 651 #
Proposal for a directive 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 652 #
Proposal for a directive Article 21 – paragraph 4 4. Member States shall biannually transmit to the Commission the statistical data referred to in paragraph 2 in a standard format established in accordance with Article 22.
Amendment 653 #
Proposal for a directive Article 21 – paragraph 4 a (new) 4a. The Commission and Member States should create at Union level, a database on the number of actions carried out in the field of environmental crimes by law enforcement bodies on a platform that would allow unitary collection of data and increase the degree of digitalisation.
Amendment 654 #
Proposal for a directive Article 21 – paragraph 5 5. The Commission shall
Amendment 655 #
Proposal for a directive Article 21 a (new) Article 21 a Environmental Crime Knowledge Network The Commission shall establish an Environmental Crime Knowledge Network to aggregate, process and disseminate knowledge, expertise and information relevant to detect, investigate, prosecute, or adjudicate environmental crime and other processes relevant to the implementation and enforcement of this Directive.
Amendment 656 #
Proposal for a directive Article 21 b (new) Article 21 b The Commission, through the Network, shall take due account of the expertise available in the Member States, at Union level, at the level of other international organisations and entities, third countries and at the level of organisations active on the ground.
Amendment 657 #
Proposal for a directive Article 21 c (new) Article 21 c The Commission, through the Network, shall support coherence of planning and decision-making processes by facilitating continuous training and exchange of knowledge and information for and between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors.
Amendment 658 #
Proposal for a directive Article 21 d (new) Amendment 659 #
Proposal for a directive Article 21 e (new) Article 21 e The Commission and Member States shall establish a list of laboratories, the types of analyses and their prices available in each Member State or at Union level to be made available to criminal investigation bodies in order to strengthen the quality of evidence.
Amendment 660 #
Proposal for a directive 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 661 #
Proposal for a directive Article 22 – paragraph 2 a (new) 2a. The Commission or the relevant Union institutions, bodies, offices or agencies, in particular Eurojust and Europol, shall organise visits at source in the Member States, on case-by-case basis, in close collaboration with the Member States concerned, to provide additional support to activities as referred in this Regulation;
Amendment 663 #
Proposal for a directive 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
Amendment 664 #
Proposal for a directive Article 25 – paragraph 2 Amendment 665 #
Proposal for a directive 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
Amendment 666 #
Proposal for a directive Article 25 – paragraph 3 3. By [OP – please insert the date - five 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. The Commission shall ensure that a regular update of criminal offences as outlined in Article 3 is secured.
Amendment 667 #
Proposal for a directive 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 668 #
Proposal for a directive Article 25 – paragraph 3 a (new) 3a. By [OP – please insert the date - two years after the transposition period is over], the Commission shall 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 669 #
Proposal for a directive 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) 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) 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.
Amendment 672 #
Proposal for a directive Article 27 a (new) Article 27 a Amendments to Directive 2017/1371 of the European Parliament and of the Council on the fight against fraud to the Union's financial interests by means of criminal law The title is amended as follows: Directive 2017/1371 of the European Parliament and of the Council on the fight against fraud to the Union's financial interests and cross-border protection of the environment by means of criminal law Into Article 18 a new paragraph is inserted: By December 2024 the Commission shall present a legislative proposal on inclusion of environmental crimes to the criminal offences covered by this Directive and on the creation of the office of the Green European Public Prosecutor.
source: 732.882
2022/09/09
DEVE
88 amendments...
Amendment 100 #
Proposal for a directive Recital 6 a (new) (6a) Over recent years, the European Union has taken a leadership role to ensure international supply chains of minerals are transparent and responsible. The adoption in 2017 of the regulation EU 2017/821 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas has sent a clear international message that companies are expected to assess risks in their supply chains, and take the necessary measures to mitigate them. EU Regulation 2017/821 currently focuses on risks of conflict financing, serious abuses of human rights and serious economic crimes. EU Regulation 2017/821 is based on the OECD Due Diligence Guidance for responsible supply chains of minerals from conflict-affected and high-risk areas, which emphasizes the need for companies to identify and mitigate risks in their supply chains to uphold human rights in producing countries and foster inclusion of legitimate artisanal and small-scale miners.
Amendment 101 #
(6a) Acts established as criminal offences in this Directive can often be carried out by EU citizens or legal persons established in the EU in third countries where such conducts might not established as criminal offences or where law enforcement tools are weak. Therefore, jurisdiction of Member States regarding criminal acts against the environment contained in this Directive should be extended to third countries where the offender is an EU citizen or a legal person established in the EU in order to avoid impunity of such acts.
Amendment 102 #
Proposal for a directive 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
Amendment 103 #
Proposal for a directive Recital 8 a (new) (8a) Environmental crimes can be perpetrated by a range of state and non- state actors. Transnational companies could be perpetrators. However, all responsibility cannot always wholly be attributed to them.
Amendment 104 #
Proposal for a directive 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. 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
Amendment 105 #
Proposal for a directive Recital 14 a (new) (14a) The condition of the effectiveness of the sanctions recommends introducing in this Directive also the environmental restorative justice approach, so demanded by civil society and specialized organizations. The restorative model has a preventive approach, aimed at repairing the damage caused and creating the environmental awareness necessary to avoid it in the future. It can be done, through among others, recovery environmental funds, environmental social projects or community services in benefit of the environment. Environmental restorative justice also aspires to allow the participation of victims in the process, in the determination of the sanction and in the future of the environmental management of the sanctioned corporations, for example, allowing the entry into the social capital or shareholding of the affected local communities.
Amendment 106 #
Proposal for a directive Recital 16 (16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these elements are not already constituent for the criminal offence, these could be considered as aggravating circumstances. Equally, when an environmental criminal offence causes substantial and irreversible or long- lasting damage to an entire ecosystem, this should be an aggravating circumstance because of its severity, including in cases comparable to ecocide. As the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals and often fuel organised crime, these should be taken into account when determining the appropriate level of sanctioning in the individual case.
Amendment 107 #
Proposal for a directive Recital 16 a (new) (16a) Notes that the recognition of the crime of ecocide is currently being discussed in several national parliaments around the world as well as at international and European levels, which may in the future lead to a change in the law relating to the Environment.
Amendment 108 #
Proposal for a directive Recital 19 (19) Member States should lay down rules concerning limitation periods necessary in order to enable them to counter environmental criminal offences more effectively, without prejudice to national rules that do not set limitation periods for investigation, prosecution and enforcement.
Amendment 109 #
Proposal for a directive Recital 20 (20) The obligations in this Directive to provide for criminal penalties should not exempt Member States from the obligation to provide for effective, proportionate and dissuasive administrative sanctions and other measures in national law for breaches established in Union environmental legislation.
Amendment 110 #
Proposal for a directive 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, including conducts carried out in third countries, Member States should establish jurisdiction in order to counter such conduct effectively.
Amendment 111 #
Proposal for a directive 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
Amendment 112 #
Proposal for a directive Recital 23 a (new) (23a) In order to ensure the effective investigation and prosecution of environmental offences committed in developing countries the principle of dual criminality should not apply.
Amendment 113 #
Proposal for a directive Recital 31 a (new) Amendment 114 #
Proposal for a directive 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 relevant statistical data on environmental offences. The Commission should
Amendment 115 #
Proposal for a directive Recital 33 a (new) (33a) In relation to developing countries, and in order to combat environmental crimes, Member States and the EU should closely cooperate with developing countries through technical and financial assistance. This includes through adequate training and resources and the exchange of information. There should also be cooperation mechanisms.
Amendment 116 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in order to protect the environment, prevent and combat environmental crime more effectively.
Amendment 117 #
Proposal for a directive 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 state where the conduct was carried out by an EU citizen or a legal person established in the EU, when the authorisation was obtained fraudulently or by corruption, extortion or coercion;
Amendment 118 #
Proposal for a directive Article 3 – paragraph 1 – introductory part 1. Member States shall ensure that the following conduct constitutes a criminal offence when it is unlawful and committed intentionally, therefore presenting a danger:
Amendment 119 #
Proposal for a directive Article 3 – paragraph 1 – introductory part 1. Member States shall ensure that the following conduct constitutes a criminal offence when it is unlawful and committed intentionally or with serious negligence:
Amendment 120 #
Proposal for a directive Article 3 – paragraph 1 – point h (h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the
Amendment 121 #
Proposal for a directive 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,
Amendment 122 #
Proposal for a directive Article 3 – paragraph 1 – point k (k) the abstraction or contamination 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;
Amendment 123 #
Proposal for a directive Article 3 – paragraph 1 – point k a (new) (ka) the start and spread of fires that cause or may cause substantial damage to the quality of the air, or the soil, or the water, or to animals or plants, and/or may seriously harm the balance of natural systems/environment and/or death or serious injury to people or other human rights violations including the displacement of populations and animals;
Amendment 124 #
Proposal for a directive 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
Amendment 125 #
Proposal for a directive Article 3 – paragraph 2 Amendment 126 #
Proposal for a directive Article 3 – paragraph 3 – point e a (new) (ea) monetary value of the damage;
Amendment 127 #
Proposal for a directive Article 3 – paragraph 3 – point e b (new) (eb) conservation status of the species affected by the damage;
Amendment 128 #
Proposal for a directive Article 3 – paragraph 5 – point d a (new) (da) the commission of the offence by a criminal organization within the meaning of Council Framework Decision 2008/841/JHA;
Amendment 129 #
Proposal for a directive Article 3 – paragraph 5 a (new) 5a. Member States shall ensure that agricultural producers, when they carry out agricultural production in accordance with the requirements of the common agricultural policy, are excluded from criminal liability for their environmental impact.
Amendment 130 #
Proposal for a directive 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)
Amendment 131 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least ten years if they cause or are likely to cause death or serious injury to any person or group of persons.
Amendment 132 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least
Amendment 133 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by a maximum term of imprisonment of at least
Amendment 134 #
Proposal for a directive Article 5 – paragraph 4 4. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by a maximum term of imprisonment of at least
Amendment 135 #
Proposal for a directive Article 5 – paragraph 4 a (new) 4a. Member States shall take the necessary measures to ensure that the offences of ecocide established in article 3a are punishable by a maximum term of imprisonment of at least 15 years.
Amendment 136 #
Proposal for a directive Article 5 – paragraph 5 – point b (b) fines, which shall be proportional to the damage caused by the offence;
Amendment 137 #
Proposal for a directive Article 5 – paragraph 5 – point e a (new) (ea) bans to pursue activities which have resulted in committing the offence;
Amendment 138 #
Proposal for a directive Article 6 – paragraph 2 2. Member States shall also ensure that legal persons can be held liable where the lack of supervision or control 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
Amendment 139 #
Proposal for a directive Article 7 – paragraph 2 – point k a (new) (ka) community services in favour of the environment;
Amendment 140 #
Proposal for a directive Article 7 – paragraph 2 – point k b (new) (kb) request for apologies and forgiveness to the affected victims;
Amendment 141 #
Proposal for a directive Article 7 – paragraph 2 – point k c (new) (kc) financial contributions to environmental or human rights organizations, especially in development countries;
Amendment 142 #
Proposal for a directive Article 7 – paragraph 2 – point k d (new) (kd) attribution of shares or social capital to the victims in the development countries.
Amendment 143 #
Proposal for a directive Article 7 – paragraph 4 4. Member States shall take the necessary measures to properly ensure that offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by fines, the maximum limit of which shall be not less than 5% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 144 #
Proposal for a directive Article 7 – paragraph 5 5. Member States shall take the necessary measures to properly ensure that offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by fines, the maximum limit of which shall be not less than 3% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 145 #
Proposal for a directive Article 7 – paragraph 6 a (new) 6a. 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 minimum amount of which shall be between 15 and 30 % of the total worldwide turnover of the legal person in the business year preceding the decision and the maximum being the total restoration of the damage to the environment and compensation and damages to affected legal and natural persons.
Amendment 146 #
Proposal for a directive Article 8 – paragraph 1 – point a a (new) (aa) the offence affected or is likely to affect vulnerable groups such as children, youth, women people with disabilities, elderly or indigenous communities;
Amendment 147 #
Proposal for a directive Article 8 – paragraph 1 – point a b (new) (ab) the offence has caused or will cause damage to future generations;
Amendment 148 #
Proposal for a directive Article 8 – paragraph 1 – point b a (new) (ba) the offence damaged a legally protected area in a third country;
Amendment 149 #
Proposal for a directive Article 8 – paragraph 1 – point e a (new) (ea) the offender holds a political position or have been entrusted with prominent public functions;
Amendment 150 #
Proposal for a directive Article 8 – paragraph 1 – point f a (new) (fa) the offense converges with other crimes;
Amendment 151 #
Proposal for a directive Article 8 – paragraph 1 – point j a (new) (ja) the offence has caused serious injuries or the death of human rights or environmental defenders, journalists, members of NGOs or persons reporting criminal offences or it entails coercing or attacking these groups.
Amendment 152 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) the offender restores nature to its previous condition or/and fair compensation to the victims;
Amendment 153 #
Proposal for a directive Article 9 – paragraph 1 – point b a (new) (ba) the offender admits his guilt. This circumstance shall be conditional to adequate compensation to deal with the damage caused to the environment and to a fair compensation for the victims;
Amendment 154 #
Proposal for a directive Article 9 – paragraph 1 – point b a (new) (ba) in relation to transnational companies, the fault can also be attributed to other actors and the responsibility is, therefore, to be shared and accompanied with penalties accordingly;
Amendment 155 #
Proposal for a directive Article 10 – paragraph 1 a (new) Member States shall adopt the necessary measures so that the confiscated assets are integrated into social funds dedicated to carrying out environmental repair projects in the affected environments and the affected local communities, especially in the development countries.
Amendment 156 #
Proposal for a directive Article 10 – paragraph 1 b (new) Member States shall take the necessary measures to ensure the return of confiscated funds/assets of environmental crimes to the developing countries where the offence was committed while ensuring that they are used for appropriate purposes such as restoring the environmental damages, compensating the victims and local communities ,improving the living conditions of the affected population or strengthening the country rule of law systems.
Amendment 157 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall take the necessary measures to provide for a limitation period that enables the investigation, prosecution, trial and judicial adjudication of criminal offences referred to in Articles 3 and 4 for a sufficient period of time after the commission of those criminal offences
Amendment 158 #
Proposal for a directive 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
Amendment 159 #
Proposal for a directive Article 11 – paragraph 1 a (new) 1a. Member States shall take the necessary measures to ensure that the limitation period of criminal offences referred to in Articles 3 and 4 does not commence until the concrete scope of the damage to the environment has been fully established by appropriate scientific means.
Amendment 160 #
Proposal for a directive 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
Amendment 161 #
Proposal for a directive 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
Amendment 162 #
Proposal for a directive Article 11 – paragraph 2 – point c (c) of offences referred to in Articles 3
Amendment 163 #
Proposal for a directive Article 11 – paragraph 3 Amendment 164 #
Proposal for a directive 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
Amendment 165 #
Proposal for a directive Article 11 – paragraph 4 – point b (b) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least
Amendment 166 #
Proposal for a directive Article 11 – paragraph 4 – point c (c) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least
Amendment 167 #
Proposal for a directive 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 an EU Member State or a third country.
Amendment 168 #
Proposal for a directive Article 12 – paragraph 3 a (new) 3a. For the investigation and prosecution of environmental criminal offences referred to in Article 3, 3 a, and 4 committed in a developing country each Member State shall adopt the necessary measures to ensure that its jurisdiction is not subject to either of the following conditions: (a) the conduct is a criminal offence in the developing country where it was performed; (b) the prosecution can be initiated only following a report made by the victim or a denunciation from the developing country where the offence was committed.
Amendment 169 #
Proposal for a directive Article 12 – paragraph 3 b (new) 3b. Member States shall introduce universal jurisdiction of their courts for the prosecution and judgement 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 170 #
Proposal for a directive Article 13 – paragraph 1 1. Member States shall take the necessary measures to ensure that protection is applicable to natural persons, as granted under Article 4 of Directive (EU) 2019/1937, and legal persons is applicable to persons reporting criminal offences referred to in Articles 3 and 4 of this Directive.
Amendment 171 #
Proposal for a directive 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 support and assistance in the context of criminal proceedings.
Amendment 172 #
Proposal for a directive 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 and 4, for instance as a civil party or as a private prosecution.
Amendment 173 #
Proposal for a directive Article 14 – paragraph 1 a (new) Member States shall ensure that, the following information is considered in the public interest and made available to the public concerned: (a) any final judgement in a trial; (b) information enabling the public concerned to know about the state of the proceedings, unless in exceptional cases the proper handling of the case may be adversely affected by such sharing of information.
Amendment 174 #
Proposal for a directive Article 15 – paragraph 1 Member States shall take appropriate action, such as preventive law enforcement tools, information and awareness-
Amendment 175 #
Proposal for a directive Article 16 – paragraph 1 Member States shall ensure that national authorities which prevent, detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.
Amendment 176 #
Proposal for a directive Article 17 – paragraph 1 Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall request those responsible for the training of judges, prosecutors, police, judicial staff and competent authorities’ staff involved in criminal proceedings and investigations to provide at regular intervals specialised training, especially in the case of environmental crime committed within the framework of criminal organizations, with respect to the objectives of this Directive and
Amendment 177 #
Proposal for a directive Article 17 – paragraph 1 Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall request those responsible for the training of judges, prosecutors, police, judicial staff, and competent authorities’ staff involved in criminal proceedings and investigations, including environmental experts, to provide at regular intervals specialised training with respect to the objectives of this Directive and appropriate to the functions of the involved staff and authorities.
Amendment 178 #
Proposal for a directive 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, cybercrime, financial crime or other serious crime cases, are also available for
Amendment 179 #
Proposal for a directive Article 21 – paragraph 2 – point h a (new) (ha) The length of environmental court proceedings from the beginning of the investigation to the issuance of the judicial sentence and including its execution.
Amendment 180 #
Proposal for a directive Article 21 – paragraph 5 5. The Commission shall
Amendment 93 #
Proposal for a directive Recital 1 a (new) (1a) According to Article 3(5) TEU, the Union in its relations with the wider world shall uphold and promote its values and contribute to the protection of all human rights, in particular, the rights of the child as well as the strict observance and development of international law.
Amendment 94 #
Proposal for a directive Recital 1 b (new) (1b) The Charter of Fundamental Rights of the European Union recognizes fundamental rights as they result from the constitutional traditions common to the Member States and affirms that it should not be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognized in their respective fields of application by Union law, International Law and by international agreements to which the Union and all Member States are party, including the European Convention for the Protection of Human rights and Fundamental Freedoms and by the Member States constitutions.
Amendment 95 #
Proposal for a directive Recital 1 c (new) (1c) The right to a clean, healthy and sustainable environment has been recognized as a human right by the UN General Assembly in its recent resolution of 26 July 2022 (A/RES/76/300) where it is affirmed that the promotion of this human rights requires the full implementation of the multilateral environmental agreements under the principles of international environmental law and call upon international organisations, states, business enterprises and other relevant stakeholder to adopt policies , to enhance international cooperation, strengthen capacity building and share good practices in order to scale up efforts to ensure a clean, healthy and sustainable environment for all.
Amendment 96 #
Proposal for a directive 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.
Amendment 97 #
Proposal for a directive Recital 2 (2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offences pose a threat to the environment, entail habitat damage and biodiversity loss, amplify climate change, threaten the sustainable livelihood of vulnerable populations in developing countries, create public health risks and therefore call for an appropriate and effective response.
Amendment 98 #
Proposal for a directive 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 and increase deterrence. _________________ 20 Directive 2008/99/EC of the European
Amendment 99 #
Proposal for a directive Recital 6 (6) Member States should provide for criminal penalties in their national legislation in respect of serious infringements of provisions of Union law concerning protection of the environment. In the framework of the common fisheries policy, Union law provides for comprehensive set of rules for control and enforcement under Regulation (EC) No 1224/200921 and Regulation (EC) No 1005/2008 in case of serious infringements, including those that cause damage to the marine environment. Under this system the Member States have the
source: 735.795
2022/09/16
PETI
330 amendments...
Amendment 100 #
Proposal for a directive 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
Amendment 101 #
Proposal for a directive 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, in accordance with national law. 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. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases.
Amendment 102 #
Proposal for a directive 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
Amendment 103 #
Proposal for a directive Recital 15 (15)
Amendment 104 #
Proposal for a directive Recital 15 (15) Where national law provides for it, legal persons should also be held criminally liable for environmental criminal offences according to this Directive. Member States whose national law does not provide for the criminal liability of legal persons should ensure that their administrative sanctioning systems provide for effective, dissuasive and proportionate sanctions types and levels as laid down in this Directive in order to achieve its objectives and that the criminal prosecution of natural person acting in the name of a legal entity is enabled. Financial situation of legal persons should be taken into account to ensure the dissuasiveness of the sanction imposed.
Amendment 105 #
Proposal for a directive Recital 15 (15) Where national law provides for it, legal persons should also be held criminally liable for environmental criminal offences according to this Directive. Member States whose national law does not provide for the criminal liability of legal persons should ensure that their administrative sanctioning systems provide for effective, dissuasive and proportionate sanctions types and levels as laid down in this Directive in order to achieve its objectives. Financial situation of legal persons should be taken into account to ensure the dissuasiveness of the sanction imposed while upholding the principle of penal proportionality.
Amendment 106 #
Proposal for a directive Recital 16 (16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these elements are not already constituent for the criminal offence, these could be considered as aggravating circumstances.
Amendment 107 #
Proposal for a directive Recital 16 a (new) (16 a) 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 108 #
Proposal for a directive Recital 17 (17) Where the crimes are of a continuing nature
Amendment 109 #
Proposal for a directive Recital 17 (17) Where the crimes are of a continuing nature, they should be
Amendment 110 #
Proposal for a directive Recital 17 a (new) (17 a) Lack of national rescue and sanctuary capacity may contribute to the lack of enforcement of relevant provisions related to wildlife trade by a Member State and result in measures inadequate to deter wildlife crime, such as administrative sanctions, without seizure. Dissuasive sanctions, collaboration and exchange between governmental and non- governmental sanctuaries and rescue centres to secure long term and species- appropriate solutions for seized wildlife is needed.
Amendment 111 #
Proposal for a directive Recital 18 (18) This Directive
Amendment 112 #
Proposal for a directive 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, in particular 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 113 #
Proposal for a directive Recital 19 (19) Member States should lay down rules concerning limitation periods necessary in order to enable them to counter environmental criminal offences effectively, without prejudice to national rules that do not set limitation periods for investigation, prosecution and enforcement. Given the seriousness of the respective conduct, there should be no limitation period for the criminal offence of ecocide and for the criminal offence which has affected natural ecosystem established as a legal entity.
Amendment 114 #
Proposal for a directive Recital 19 (19) Member States should lay down rules (where none are yet in place) concerning limitation periods necessary in order to enable them to counter environmental criminal offences effectively, without prejudice to national rules that do not set limitation periods for investigation, prosecution and enforcement.
Amendment 115 #
Proposal for a directive Recital 20 (20) The obligations in this Directive to provide for criminal penalties should not exempt Member States from the obligation to provide for effective, dissuasive and proportionate administrative sanctions and other measures in national law for breaches established in Union environmental legislation.
Amendment 116 #
Proposal for a directive 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 117 #
Proposal for a directive Recital 22 (22) Furthermore, judicial and
Amendment 118 #
Proposal for a directive 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. The approximation of sanction levels across the EU should promote more effective fight against environmental crimes.
Amendment 119 #
Proposal for a directive Recital 22 a (new) (22 a) As intended in the Environmental Liability Directive (2004/35/CE) and in order to comply with the "polluter pays" principle established in Article 191(2) of the TFEU, Member States should provide for the creation of a fund dedicated to the financing of environmental remediation or repair, which could be financed by administrative and criminal fines paid by the perpetrator of environmental offences. Confiscated criminal assets should be also used as a source of funding. This fund could be mobilised in the event of an environmental emergency, making it possible to respond in particular to the problems of so called ‘orphan’ pollution, pollution that took place in the past and where the polluter pays principle cannot be applied because the polluter is either unknown, no longer exists, or cannot be made liable.
Amendment 120 #
Proposal for a directive 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 a so- called universal jurisdiction for serious environmental crimes, in particular when it comes to ecocide.
Amendment 121 #
Proposal for a directive 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 in cooperation with the authorities of other Member States, particularly those with which they share borders.
Amendment 122 #
Proposal for a directive 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, including actions carried out in third states, Member States should establish jurisdiction in order to counter such conduct effectively.
Amendment 123 #
Proposal for a directive Recital 24 (24) Environmental criminal offences harm nature and society. By reporting breaches of
Amendment 124 #
Proposal for a directive Recital 24 (24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law,
Amendment 125 #
(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
Amendment 126 #
Proposal for a directive Recital 24 (24) Environmental criminal offences harm nature, economy and society. By reporting breaches of Union environmental law,
Amendment 127 #
Proposal for a directive Recital 24 a (new) (24 a) Environmental defenders who directly protect ecosystems are also often on the front line of the consequences of environmental crime worldwide, including in the EU. They may be directly threatened, intimidated, persecuted, harassed or even murdered by perpetrators, and as such should also benefit from balanced and effective protection. Environmental defenders may also be subject to abusive lawsuits and should be protected from such practices, also known as "Strategic lawsuits against public participation". The EU'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.
Amendment 128 #
Proposal for a directive Recital 24 b (new) (24 b) 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 129 #
Proposal for a directive Recital 25 (25) Other persons may also possess valuable information concerning potential environmental criminal offences. They may be members of the community affected 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
Amendment 130 #
Proposal for a directive 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 131 #
Proposal for a directive Recital 25 a (new) (25 a) The European Ombudsman is a key pillar to strengthen the role of civil society in environmental matters with its very important inquiries related to access for the public to environmental documents and transparency of decision making around environmental issues. It is of paramount important that Union institutions, agencies and bodies fully cooperate with the Ombudsman and consistently and timely comply with all Ombudsman’s solutions, recommendations and suggestions to ensure the highest levels of good administration, with a view to also enhancing the fight against any possible environmental offence.
Amendment 132 #
Proposal for a directive Recital 26 (26)
Amendment 133 #
Proposal for a directive Recital 26 a (new) (26 a) 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 134 #
Proposal for a directive Recital 26 a (new) (26a) One of the obstacles to access to criminal justice that has been observed for years is the requirement of bail (sometimes very high) for the exercise of popular action in criminal matters; that requirement runs counter to the spirit of the Aarhus Convention, particularly paragraphs 4 and 5 of Article 9.
Amendment 135 #
Proposal for a directive Recital 26 b (new) (26 b) The European Commission should 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. Member States should take any initiative to facilitate access to justice for members of the public, including the establishment of local Centres specialised in access to justice and environmental issues.
Amendment 136 #
Proposal for a directive Recital 26 c (new) (26 c) Member States should establish at national level a High Authority for Planetary Boundaries. This administrative authority should be an independent 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 137 #
Proposal for a directive 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
Amendment 138 #
Proposal for a directive Recital 30 (30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF), in their respective areas of competence. The cooperation and coordination at EU level, involving mainly Eurojust and the European Public Prosecutor’s Office (EPPO) should be strengthened to support investigations and prosecutions. In this regard, the Commission should assess the possibility of extending the jurisdiction of the European Public Prosecutor's Office to environmental crimes.
Amendment 139 #
Proposal for a directive Recital 30 (30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF), in their respective areas of competence. The review of Directive 2017/1371 should introduce environmental crime to the list of criminal offenses covered by the Directive. Extension of the EPPO’s mandate to cover environmental crimes in accordance with Article 86(4) TFEU, is needed to effectively tackle these crimes in the EU.
Amendment 140 #
Proposal for a directive Recital 30 (30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF), in their respective areas of competence. The mandate of EPPO should be extended to also cover serious environmental crimes with a cross-border dimension. In order to do so, EPPO needs adequate resources and funding. In addition, cooperation with third-countries is essential.
Amendment 141 #
Proposal for a directive Recital 30 (30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Following the applicable rules, Member States
Amendment 142 #
Proposal for a directive Recital 30 a (new) (30 a) 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 143 #
Proposal for a directive Recital 30 a (new) (30 a) In order to foster cross-border cooperation, the constant exchange of the latest available data and tendencies in the area of environmental crime between Member States and Europol and Eurojust is crucial.
Amendment 144 #
Proposal for a directive Recital 30 b (new) Amendment 145 #
Proposal for a directive Recital 31 (31) To ensure a coherent approach to combating environmental offences, Member States should adopt, publish and periodically review a national strategy on combating environmental crime, establishing objectives, priorities and corresponding measures and resources needed. The collected data from Member States should be made public.
Amendment 146 #
Proposal for a directive Recital 31 (31) To ensure a coherent approach to combating environmental offences, Member States
Amendment 147 #
Proposal for a directive Recital 31 a (new) (31 a) 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 148 #
Proposal for a directive Recital 31 a (new) (31 a) Specificities of Member States should be taken into account while developing the national strategy on environmental crimes.
Amendment 149 #
Proposal for a directive 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
Amendment 150 #
Proposal for a directive Recital 32 (32) To effectively tackle the criminal offences referred to in this Directive, it is necessary that competent authorities
Amendment 151 #
Proposal for a directive 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
Amendment 152 #
Proposal for a directive 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 and keep up-to-date 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 competent EU bodies and agencies relevant statistical data on environmental offences. The Commission should regularly assess and publish the results based on the data
Amendment 153 #
Proposal for a directive 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 relevant statistical data on environmental offences. The Commission should
Amendment 154 #
Proposal for a directive 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.
Amendment 155 #
Proposal for a directive Recital 36 – paragraph 2 Amendment 156 #
(39) Since the objectives of this Directive, namely to ensure common definitions of environmental criminal offences and the availability of effective, dissuasive and proportionate criminal sanctions for serious environmental offences
Amendment 157 #
Proposal for a directive Recital 40 (40) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including the protection of personal data, the freedom of expression and information, the freedom to conduct a business, the right to an effective remedy and to a fair trial, the presumption of innocence and right of defence, the principles of legality and proportionality of criminal offences and penalties, and the right not to be tried or punished twice in criminal proceedings for the same offence. This Directive seeks to ensure full respect
Amendment 158 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in order to combat environmental crime, assist the proper implementation and enforcement of environmental legislation and to help protect the environment more effectively.
Amendment 159 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes minimum rules concerning the definition of environmental criminal offences and sanctions
Amendment 160 #
This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in order to protect the environment more effectively and to support Member States in preventing and combatting environmental crime.
Amendment 161 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – paragraph 1 The conduct shall be deemed unlawful even if carried out under an authorisation or an approved planning instrument by a competent authority in a Member State when the authorisation or an approved planning instrument was in breach of the Union environmental legislation, or it was obtained fraudulently or by corruption, extortion or coercion;
Amendment 162 #
Proposal for a directive 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 state where the conduct was carried out by an EU citizen or a legal person established in the EU, when the authorisation was obtained fraudulently or by corruption, extortion or
Amendment 163 #
Proposal for a directive Article 2 – paragraph 1 – point 1 a (new) 1a) 'ecocide':any unlawful or arbitrary act perpetrated in the knowledge that there is a substantial likelihood of severe, widespread or long-lasting damage to the environment. For the purposes of this definition: a) 'arbitrary' means a reckless act of ignoring damage that would be manifestly excessive in relation to the expected social or economic advantage; b) 'severe' means damage which causes very serious adverse changes, disruption or flagrant harm to any element of the environment, including serious effects on human life or natural, cultural or economic resources; c) 'widespread' means damage that goes beyond a limited geographical area, transcends state borders or affects an entire ecosystem or species or a large number of human beings; d) 'long-lasting' means damage which is irreversible or which cannot be redressed through natural regeneration within a reasonable period of time; e) 'environment' means the Earth, its biosphere, cryosphere, lithosphere, hydrosphere and atmosphere as well as outer space.
Amendment 164 #
Proposal for a directive Article 2 – paragraph 1 – point 1 a (new) (1 a) "severe" means damage which involves very serious adverse changes, disruption or harm to any element of the environment, including great impacts on human life or natural, cultural or economic resources;
Amendment 165 #
Proposal for a directive Article 2 – paragraph 1 – point 1 b (new) (1 b) "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 166 #
Proposal for a directive Article 2 – paragraph 1 – point 1 c (new) (1 c) "environment" means the earth, its biosphere, cryosphere, lithosphere, hydrosphere and atmosphere, as well as outerspace;
Amendment 167 #
Proposal for a directive Article 2 – paragraph 1 – point 2 a (new) (2 a) ´illegal logging´ means any logging which breaks rules and legislation in force and is not limited to cases which involve products or commodities within the scope of Regulation (EU) No995/2010 of the European Parliament and of the Council or [ Regulation on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010], including conduct of a local, regional or national forest authority infringing on EU law in sphere of nature protection or on a law implementing EU strategic initiative in the sphere of nature protection;
Amendment 168 #
Proposal for a directive Article 2 – paragraph 1 – point 3 (3) ‘legal person’ means any legal entity having such status under the applicable national law
Amendment 169 #
Proposal for a directive Article 2 – paragraph 1 – point 3 (3) ‘legal person’ means any legal entity having such status under the applicable national law,
Amendment 170 #
Proposal for a directive Article 2 – paragraph 1 – point 4 Amendment 171 #
Proposal for a directive Article 2 – paragraph 1 – point 5 a (new) (5 a) "polluter pays principle" means that polluters should bear the costs of their pollution or environmental damage, including the cost of measures taken to prevent, control and remedy pollution, as well as the costs the polluters impose on society.
Amendment 172 #
Proposal for a directive Article 2 – paragraph 1 – point 5 b (new) (5 b) "One Health Approach" means an integrated, unifying approach that aims to sustainably balance and optimize the health of people, animals and ecosystems. It recognizes that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent.
Amendment 173 #
Proposal for a directive Article 3 – paragraph -1 (new) -1. Member States shall ensure that, when committed intentionally or with at least serious negligence, directly or indirectly exposing the environment to an immediate risk of substantial damage, constitutes a criminal offence;
Amendment 174 #
Proposal for a directive Article 3 – paragraph -1 a (new) -1 a. Member States shall ensure that conduct which knowingly causes substantial damage to the environment constitutes a criminal offence;
Amendment 175 #
Proposal for a directive Article 3 – paragraph 1 – introductory part 1. Member States shall ensure that the following conduct constitutes a criminal offence when it is unlawful and committed intentionally or with serious negligence:
Amendment 176 #
Proposal for a directive 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 177 #
Proposal for a directive 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 178 #
Proposal for a directive Article 3 – paragraph 1 – point c – introductory part (c) the manufacture, placing on the market
Amendment 179 #
Proposal for a directive Article 3 – paragraph 1 – point c – point vi a (new) Amendment 180 #
Proposal for a directive 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 181 #
Proposal for a directive Article 3 – paragraph 1 – point c a (new) Amendment 182 #
Proposal for a directive Article 3 – paragraph 1 – point c b (new) Amendment 183 #
Proposal for a directive Article 3 – paragraph 1 – point c c (new) (c c) 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 184 #
Proposal for a directive Article 3 – paragraph 1 – point d a (new) (d a) authorisation or the execution of plan or project referred to in Article 6(3) of Council Directive 92/43/EEEC without an appropriate assessment of its implications for the site in view of the site's conservation objectives, referred to in the same Article;
Amendment 185 #
Proposal for a directive Article 3 – paragraph 1 – point d b (new) (d b) authorisation or the execution of the plans or projects authorized without the conditions of the exemption under Article 4(7) of Directive 2000/60/EC having been met;
Amendment 186 #
Proposal for a directive 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 187 #
Proposal for a directive 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
Amendment 188 #
Proposal for a directive 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
Amendment 189 #
Proposal for a directive Article 3 – paragraph 1 – point e – point ii (ii) concerns other waste than referred to in point
Amendment 190 #
Proposal for a directive Article 3 – paragraph 1 – point f (f) the shipment of waste, within the meaning of Article 2(35) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council40 when such shipment is undertaken in a
Amendment 191 #
Proposal for a directive Article 3 – paragraph 1 – point h (h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas
Amendment 192 #
Proposal for a directive Article 3 – paragraph 1 – point h (h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship-source discharges do not satisfy the exceptions set in Article 5 of that Directive; this provision shall not apply to individual cases, where the ship- source discharge does not cause deterioration in the quality of water and the marine environment, unless repeated cases by the same offender in conjunction result in deterioration in the quality of water;
Amendment 193 #
Proposal for a directive 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
Amendment 194 #
Proposal for a directive 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
Amendment 195 #
Proposal for a directive Article 3 – paragraph 1 – point k (k) the abstraction of surface water or groundwater which causes
Amendment 196 #
Proposal for a directive 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 the Annex V of the Directive 2000/60/EC, and should not compromise the achievement of good status/potential by 2027 in any of the waterbodies in the same river basin district;
Amendment 197 #
Proposal for a directive Article 3 – paragraph 1 – point k a (new) (k a) the committing of a serious infringement within the meaning of article 90 of Regulation (EC) No1224/2009 of the European Parliament and of the Council.
Amendment 198 #
Proposal for a directive 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
Amendment 199 #
Proposal for a directive Article 3 – paragraph 1 – point m (m) trading in specimens of wild fauna or flora species or parts or derivatives
Amendment 200 #
Proposal for a directive 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
Amendment 201 #
Proposal for a directive Article 3 – paragraph 1 – point m a (new) (ma) the use, for hunting or fishing, of poison, explosive means or other instruments or gear that is similarly destructive or non-selective with regard to wildlife, in coherence with the provisions of Article 15 of and Annex VI to the Habitats Directive.
Amendment 202 #
Proposal for a directive 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
Amendment 203 #
Proposal for a directive 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 before this Directive, point (n) to be re
Amendment 204 #
Proposal for a directive Article 3 – paragraph 1 – point n a (new) Amendment 205 #
Proposal for a directive Article 3 – paragraph 1 – point n a (new) (n a) any conduct leading to wildfire, which causes or likely to cause death or serious injury to any person or substantial damage to the environment;
Amendment 206 #
Proposal for a directive Article 3 – paragraph 1 – point n a (new) (n a) illegal logging;
Amendment 207 #
Proposal for a directive Article 3 – paragraph 1 – point n b (new) (nb) The starting of forest fires. If the burned area exceeds 500 ha or is a protected area, as referred to in article (na) with respect to the Natura 2000 network areas, a stronger criminal penalty will be set; Or.
Amendment 208 #
Proposal for a directive Article 3 – paragraph 1 – point n b (new) (n b) incompliance with sustainability criteria pursuant Art. 29 of Directive (EU) .../….[recast RED];
Amendment 209 #
Proposal for a directive Article 3 – paragraph 1 – point n b (new) (n b) illegal harvest and transportation of timber;
Amendment 210 #
Proposal for a directive Article 3 – paragraph 1 – point n c (new) (n c) committing an infringement within the meaning of Article 90 of Regulation (EC) No 1224/2009 of the European Parliament and of the Council;
Amendment 211 #
Proposal for a directive Article 3 – paragraph 1 – point n d (new) (n d) committing incompliance with respect to legality and regularity of operations financed by the EAGF and EAFRD and incompliance with conditionality rules, in accordance with the Regulation (EC)No 2021/2116 of the European Parliament and of the Council;
Amendment 212 #
Proposal for a directive 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
Amendment 213 #
Proposal for a directive 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
Amendment 214 #
Proposal for a directive 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 215 #
Proposal for a directive Article 3 – paragraph 1 – point p – point ii a (new) (ii a) The conduct causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 216 #
Proposal for a directive Article 3 – paragraph 1 – point r a (new) Amendment 217 #
Proposal for a directive Article 3 – paragraph 1 – point r a (new) (r a) serious acts of illegal, unreported and unregulated fishing, as defined in Article 42 of Regulation (EC) No 1005/2008 and Article 90 of Regulation (EC) No 1224/2009.
Amendment 218 #
Proposal for a directive Article 3 – paragraph 1 – point r b (new) (r b) the environmental damage to forests, such as committing forests fires intentionally or illegal logging.
Amendment 219 #
Proposal for a directive Article 3 – paragraph 1 a (new) 1 a. Member States shall tipify as "ecocide" any action that causes destruction or irreversible or long-lasting substantial damage to an ecosystem with knowledge that there was a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by this action.
Amendment 220 #
Proposal for a directive Article 3 – paragraph 2 Amendment 221 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall ensure that
Amendment 222 #
Proposal for a directive 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 223 #
Proposal for a directive Article 3 – paragraph 2 a (new) 2 a. Member States may establish their jurisdiction over the offence of ecocide for the most serious offences under Article 3(1) and Article 3 (2), namely, unlawful or wanton conduct committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by that conduct.
Amendment 224 #
Proposal for a directive Article 3 – paragraph 3 – introductory part 3. Substantial damage shall be determined when the cost of reinstatement of the damage caused by an offence referred to in the points (a) to (e), (g) to (j), (k), (p), (q), (r) of Article 3(1) and Article 3(2) equals to more than EUR 10 000 or an advantage of more than EUR 10 000. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account, where relevant, when assessing whether the damage, advantage gained or likely damage is substantial for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1
Amendment 225 #
Proposal for a directive Article 3 – paragraph 3 – point e a (new) (e a) the conservation status of the species affected and the habitat affected;
Amendment 226 #
(e a) monetary value of the damage;
Amendment 227 #
Proposal for a directive Article 3 – paragraph 3 – point e b (new) (e b) the financial benefits gained by committing the offence;
Amendment 228 #
Proposal for a directive Article 3 – paragraph 3 – point e b (new) (e b) conservation status of the species affected by the damage.
Amendment 229 #
Proposal for a directive Article 3 – paragraph 4 – introductory part 4. Member States shall ensure that their national legislation specifies that the following elements shall be taken into
Amendment 230 #
Proposal for a directive Article 3 – paragraph 4 – point c a (new) (c a) the consequences on human health and human rights;
Amendment 231 #
Proposal for a directive Article 3 – paragraph 4 – point c b (new) (c b) the act constitutes a violation or negligence of the due diligence;
Amendment 232 #
Proposal for a directive Article 3 – paragraph 5 – introductory part 5. Negligible quantity may be considered when the cost of reinstatement of the damage caused by an offence referred to in the points (e), (f), (l) to (o) of Article 3(1) involves the value of less than EUR 10 000 or an advantage gained of less than EUR 10 000. In this case Member States may provide for sanctions other than criminal sanctions. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account when assessing whether the quantity is negligible or non-negligible for the purposes of the investigation, prosecution and adjudication of offences
Amendment 233 #
Proposal for a directive 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 234 #
Proposal for a directive Article 3 – paragraph 5 – point d a (new) (d a) the commission of the offense in the framework of a criminal organization within the meaning of Council Framework Decision 2008/841/JHA.
Amendment 235 #
Proposal for a directive Article 3 – paragraph 5 – point d a (new) (d a) for offences referred to in paragraph 1 (m) the conservation status of the species;
Amendment 236 #
Proposal for a directive Article 3 – paragraph 5 – point d a (new) (d a) the polluter pays principle.
Amendment 237 #
Proposal for a directive Article 3 – paragraph 5 – point d b (new) (d b) the scale of the financial benefits gained by committing the offense;
Amendment 238 #
Proposal for a directive Article 3 – paragraph 5 – point d c (new) (d c) whether or not the offense was committed by an organized criminal group.
Amendment 239 #
Proposal for a directive 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 240 #
Proposal for a directive 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 Article 3(1) and Article 3(1a) are punishable as criminal offences.
Amendment 241 #
Proposal for a directive 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 242 #
Proposal for a directive 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)
Amendment 243 #
Proposal for a directive 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)
Amendment 244 #
Proposal for a directive 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
Amendment 245 #
Proposal for a directive 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 246 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1 a. 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 247 #
Proposal for a directive 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 248 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) are punishable by a maximum term of imprisonment of at least
Amendment 249 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by a maximum term of imprisonment of at least
Amendment 250 #
Proposal for a directive Article 5 – paragraph 4 4. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by a maximum term of imprisonment of at least
Amendment 251 #
Proposal for a directive Article 5 – paragraph 4 a (new) 4 a. 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 252 #
Proposal for a directive Article 5 – paragraph 4 a (new) 4 a. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1a) are punishable by a maximum term of imprisonment of at least 15 years.
Amendment 253 #
Proposal for a directive 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 254 #
Proposal for a directive 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 and 4
Amendment 255 #
Proposal for a directive Article 5 – paragraph 5 – point a (a) obligation to
Amendment 256 #
Proposal for a directive Article 5 – paragraph 5 – point a (a) obligation to reinstate
Amendment 257 #
Proposal for a directive 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 258 #
Proposal for a directive 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 259 #
Proposal for a directive Article 5 – paragraph 5 – point b (b) fines proportionate to the cost of restoration of the impacted area and to the financial advantage accrued by committing the offence;
Amendment 260 #
Proposal for a directive Article 5 – paragraph 5 – point b (b) fines, which shall be proportional to the damage done;
Amendment 261 #
Proposal for a directive Article 5 – paragraph 5 – point e a (new) (e a) bans to pursue activities which have resulted in committing the offence;
Amendment 262 #
Proposal for a directive Article 5 – paragraph 5 – point g a (new) (g a) additional sanctions or measures in point c) - f), when appropriate, shall be introduced with an EU-wide effect.
Amendment 263 #
Proposal for a directive 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 264 #
Proposal for a directive 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 265 #
Proposal for a directive 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
Amendment 266 #
Proposal for a directive 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 267 #
Proposal for a directive 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 268 #
Proposal for a directive Article 7 – paragraph 1 a (new) 1 a. 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 269 #
Proposal for a directive 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 270 #
Proposal for a directive Article 7 – paragraph 2 – point b (b) the obligation to
Amendment 271 #
Proposal for a directive Article 7 – paragraph 2 – point i a (new) (i a) withdrawal of offender's ownership right to the property acquired illegally or from illegal income, which is in relation to the committed crime;
Amendment 272 #
Proposal for a directive Article 7 – paragraph 2 – point k (k) publication of the judicial decision relating to the conviction or any sanctions or measures applied and EU-wide publication of the judicial decision with cross-border relevance.
Amendment 273 #
Proposal for a directive Article 7 – paragraph 2 – point k a (new) (k a) the removal from the European Transparency Register;
Amendment 274 #
Proposal for a directive Article 7 – paragraph 4 Amendment 275 #
Proposal for a directive Article 7 – paragraph 4 4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1)
Amendment 276 #
Proposal for a directive Article 7 – paragraph 4 4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1)
Amendment 277 #
Proposal for a directive Article 7 – paragraph 5 Amendment 278 #
Proposal for a directive Article 7 – paragraph 5 Amendment 279 #
Proposal for a directive Article 7 – paragraph 5 5. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by fines, the maximum limit of which shall be not less than
Amendment 280 #
Proposal for a directive 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 281 #
Proposal for a directive Article 7 – paragraph 5 a (new) 5 a. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1a) are punishable by fines, the maximum limit of which shall be not less than 25% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 282 #
Proposal for a directive Article 7 – paragraph 6 a (new) 6 a. 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 283 #
Proposal for a directive 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
Amendment 284 #
Proposal for a directive 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 285 #
Proposal for a directive Article 8 – paragraph 1 – point b a (new) (b a) the offence was committed within areas awarded strict protection, the core area of national parks, Natura 2000 sites, UNESCO World heritage sites;
Amendment 286 #
Proposal for a directive Article 8 – paragraph 1 – point b a (new) (b a) The offense damaged a legally protected area in a third country;
Amendment 287 #
Proposal for a directive Article 8 – paragraph 1 – point c (c) the offence was committed in the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA56 or was committed simultaneously with other criminal offence, including murder and intentional homicide; _________________ 56 Council Framework Decision
Amendment 288 #
Proposal for a directive Article 8 – paragraph 1 – point f a (new) (f a) the offense converges with other crimes.
Amendment 289 #
Proposal for a directive Article 8 – paragraph 1 – point f a (new) (f a) the offence is of a repetitive nature;
Amendment 290 #
Proposal for a directive Article 8 – paragraph 1 – point i a (new) (i a) the offender has actively proceeded with the unlawful conduct after the date an infringement procedure in the respective policy area related to the activity of the offender had been launched by the European Commission;
Amendment 291 #
Proposal for a directive Article 8 – paragraph 1 – point j a (new) (j a) the offender committed an offence under Article 3 while subject to a derogation under article 15(4) of Directive 2010/75/EC.
Amendment 292 #
Proposal for a directive Article 8 – paragraph 1 – point j b (new) (j b) the offence was committed within a Member States’ 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 293 #
Proposal for a directive Article 8 – paragraph 1 – point j c (new) (j c) the offence was committed together with other criminal offences;
Amendment 294 #
Proposal for a directive Article 8 – paragraph 1 – point j d (new) (j d) the offence caused the unnecessary and avoidable suffering of animals.
Amendment 295 #
Proposal for a directive 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 296 #
Proposal for a directive 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 297 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) the offender restores nature to its previous condition before the sentence is passed;
Amendment 298 #
Proposal for a directive Article 9 – paragraph 1 a (new) In case a criminal act was committed under extortion, it should be considered as a mitigating circumstance.
Amendment 299 #
Proposal for a directive 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 after the commission of those criminal offences or when it is discovered in cases where the offences were concealed, in order for those criminal offences to be tackled effectively.
Amendment 300 #
Proposal for a directive Article 11 – paragraph 1 a (new) 1 a. 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 301 #
Proposal for a directive Article 11 – paragraph 1 a (new) 1 a. Member States shall take the necessary measures to ensure that the limitation period of criminal offences referred to in Articles 3 and 4 does not commence until the scope of the damage to the environment has been fully measured by appropriate scientific means.
Amendment 302 #
Proposal for a directive Article 11 – paragraph 1 a (new) 1 a. For the crimes comparable to or qualifying as an offence of ecocide and crimes affecting an ecosystem that is established as a legal entity there shall be no limitation period.
Amendment 303 #
Proposal for a directive 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 when it is discovered in cases where the offences were concealed, when offences are punishable;
Amendment 304 #
Proposal for a directive 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
Amendment 305 #
Proposal for a directive 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
Amendment 306 #
Proposal for a directive 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 when it is discovered in cases where the offences were concealed, when offences are punishable;
Amendment 307 #
Proposal for a directive 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
Amendment 308 #
Proposal for a directive 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 when it is discovered in cases where the offences were concealed, when offences are punishable.
Amendment 309 #
Proposal for a directive 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
Amendment 310 #
Proposal for a directive Article 11 – paragraph 2 a (new) 2 a. Member States shall take the necessary measures to ensure that the investigation, prosecution, trial and judicial adjudication of the criminal offence established in Article 3(1a) is not subject to any limitation period.
Amendment 311 #
Proposal for a directive Article 11 – paragraph 3 Amendment 312 #
Proposal for a directive 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 313 #
Proposal for a directive 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
Amendment 314 #
Proposal for a directive 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 315 #
Proposal for a directive Article 11 – paragraph 4 – point b (b) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least
Amendment 316 #
Proposal for a directive Article 11 – paragraph 4 – point c (c) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least
Amendment 317 #
4 a. Member States shall take the necessary measures to enable the enforcement of a penalty of imprisonment in the case of a criminal offence referred to in Article 3(1a) without any limitation period.
Amendment 318 #
Proposal for a directive 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, 3(1a) and 4 where:
Amendment 319 #
Proposal for a directive 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 320 #
Proposal for a directive 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 321 #
Proposal for a directive Article 12 – paragraph 1 – point d a (new) (d a) the offence was committed for the benefit of a legal person established on its territory;
Amendment 322 #
Proposal for a directive Article 12 – paragraph 2 – introductory part 2. A Member State shall
Amendment 323 #
Proposal for a directive Article 12 – paragraph 2 – introductory part 2.
Amendment 324 #
Proposal for a directive 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 325 #
Proposal for a directive 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 326 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 1 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/JHA59 , be referred to Eurojust and Europol. _________________ 59 Council Framework Decision
Amendment 327 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 1 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/JHA59 , be referred to Eurojust
Amendment 328 #
Proposal for a directive Article 12 – paragraph 2 a (new) 2 a. Member States shall introduce universal jurisdiction of their courts for the prosecution and judgment of an offence referred to in Articles 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 329 #
Proposal for a directive 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 and 3a of this Directive.
Amendment 330 #
Proposal for a directive Article 13 – paragraph 1 1. Member States shall take the necessary measures to ensure that protection granted under Directive (EU) 2019/1937, is applicable not only to persons reporting criminal offences but also to civil society organisations referred to in Articles 3 and 4 of this Directive.
Amendment 331 #
Proposal for a directive 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 natural and legal persons reporting criminal offences referred to in Articles 3, 3a and 4 of this Directive.
Amendment 332 #
2. Member States shall take the necessary measures to ensure that persons and civil society associations 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.
Amendment 333 #
Proposal for a directive 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 334 #
Proposal for a directive Article 13 – paragraph 2 a (new) 2 a. The Commission with the cooperation of Europol and the Member States shall establish an EU-wide green line for easy and secure reporting of criminal offences referred to in Articles 3 and 4 of this Directive available in all official EU languages.
Amendment 335 #
Proposal for a directive 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 Lawsuit against public participation.
Amendment 336 #
Proposal for a directive Article 14 – title 14 Rights
Amendment 337 #
Proposal for a directive Article 14 – title Rights for the public concerned to access information and participate in proceedings
Amendment 338 #
Proposal for a directive Article 14 – paragraph -1 (new) Amendment 339 #
Proposal for a directive 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 and 4, for instance as a civil party. Those rights shall include, as a minimum: a) The right to appear and be a party to the proceedings (without the requirement or need to provide security or bail), b) The right to have access to the proceedings, c) The right to participate in all proceedings and to propose the means of proof deemed appropriate, without losing the right to defence, d) The right to bring charges and request both penalties and civil liability, and specifically, to request full reparation of the environmental damage caused in accordance with the criteria of Directive 2004/35/EC of the European Parliament and of the Council, of 21 April 2004, on environmental liability, e) The right to appeal judicial decisions, In accordance with Article 9 of the Aarhus Convention, the cost of proceedings shall not be prohibitive; Member States shall establish appropriate assistance mechanisms to remove or reduce financial or other obstacles to access to justice, the recognition of the right to free legal aid for environmental NGOs identified as interested persons for their participation in environmental criminal proceedings,
Amendment 340 #
Proposal for a directive 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 341 #
Proposal for a directive 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 and 4, for instance as a civil
Amendment 342 #
Proposal for a directive 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 access information and participate in proceedings concerning offences referred to in Articles 3 and 4, for instance as a civil party.
Amendment 343 #
Proposal for a directive 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 344 #
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, affordable 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 345 #
Proposal for a directive 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 346 #
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,
Amendment 347 #
Proposal for a directive Article 15 – paragraph 1 Member States shall take appropriate action, such as information and awareness- raising campaigns, as well as events, 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 stakeholders and also organize cross-border countries events to underline that environmental crime is an overall problem.
Amendment 348 #
Proposal for a directive Article 15 – paragraph 1 Member States shall take appropriate action, such as preventive law enforcement tools, information and awareness-
Amendment 349 #
Proposal for a directive Article 16 – paragraph 1 Member States and the Commission shall ensure that national authorities which detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.
Amendment 350 #
Proposal for a directive Article 16 – paragraph 1 Member States shall ensure that national authorities which prevent, detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.
Amendment 351 #
Proposal for a directive Article 17 – paragraph 1 Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall request those responsible for the training of judges, prosecutors, police, judicial staff and competent authorities’ staff involved in criminal proceedings and investigations to provide at regular intervals specialised training, especially in the cases of environmental crime committed within the framework of criminal organizations, with respect to the objectives of this Directive and appropriate to the functions of the involved
Amendment 352 #
Proposal for a directive Article 17 – paragraph 1 Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall request those responsible for the training of judges, prosecutors, police, judicial staff and competent authorities’ staff involved in criminal proceedings and investigations to provide at regular intervals specialised training and exchange of best practices at EU level with respect to the objectives of this Directive and appropriate to the functions of the involved staff and authorities.
Amendment 353 #
Proposal for a directive 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 and 4. Among other investigative tools, Member States may use geospatial intelligence data alongside on-site data.
Amendment 354 #
Proposal for a directive 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 and 4, including the active presence of the prosecution services.
Amendment 355 #
Proposal for a directive 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, cybercrime, financial crime or other serious crime cases, are also available for investigating or prosecuting offences referred to in Articles 3 and 4.
Amendment 356 #
Proposal for a directive 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 357 #
Proposal for a directive 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 358 #
Proposal for a directive Article 19 a (new) Article 19 a Cooperation between Member States, Commission (OLAF) and other Union bodies Without prejudice to the rules on cross- border cooperation and mutual legal assistance in criminal matters, Member States, Eurojust, Europol, European Public Prosecutor's Office (EPPO) and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in Articles 3 and 4. To that end the Commission, and where appropriate, Eurojust, shall provide such technical and operational assistance as the competent national authorities need to facilitate coordination of their investigations. The EPPO shall be responsible for investigating, prosecuting and bringing to judgment the perpetrators of, and accomplices to, criminal offences. In that respect the EPPO shall undertake investigations, and carry out acts of prosecution and exercise the functions of prosecutor in the competent courts of the Member States.
Amendment 359 #
Proposal for a directive Article 19 a (new) Article 19 a Cooperation at European level Member States, the Commission and the EU agencies, bodies and offices (Eurojust, Europol, European Public Prosecutor's Office, OLAF) shall, within their respective mandates and competences, establish and maintain close cooperation with each other in the prevention and the fight against environmental criminal offences.
Amendment 360 #
Proposal for a directive Article 20 – paragraph 1 – introductory part 1. By [OP – please insert the date – within
Amendment 361 #
Proposal for a directive 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 362 #
Proposal for a directive Article 20 – paragraph 2 2. Member States
Amendment 363 #
Proposal for a directive Article 20 – paragraph 2 2. Member States shall ensure that the strategy is reviewed and updated at regular intervals no longer than 2,5 years, on a risk-
Amendment 364 #
Proposal for a directive Article 21 – paragraph 3 3. Member States shall ensure that the statistical data as well as a consolidated review of their statistics
Amendment 365 #
Proposal for a directive Article 21 – paragraph 3 3.
Amendment 366 #
Proposal for a directive Article 21 – paragraph 5 5. The Commission shall
Amendment 367 #
Proposal for a directive Article 22 Amendment 368 #
Proposal for a directive 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 369 #
Proposal for a directive Article 25 – title 25 Evaluation
Amendment 370 #
Proposal for a directive Article 25 – paragraph 3 a (new) Amendment 371 #
Proposal for a directive 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 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 Union scale.
Amendment 372 #
Proposal for a directive 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 373 #
Proposal for a directive Article 27 a (new) Article 27 a Amendments to Directive (EU) 2017/1371 of the European parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law The title is amended as follows: Directive (EU) 2017/1371 of the European parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests and cross-border protection of the environment by means of criminal law; In Article 18 a new paragraph is inserted: By December 2024 the Commission shall present a legislative proposal on inclusion of environmental crimes to the criminal offences covered by this Directive and on the creation of the office of the Green European Public Prosecutor.
Amendment 44 #
Proposal for a directive 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 45 #
Proposal for a directive Recital 1 (1) According to Article 3(3) of the Treaty on European Union (TEU) and Article 191 of the Treaty on the
Amendment 46 #
Proposal for a directive 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, together with the Member States, committed to ensuring a high level of protection and improvement of the quality of the environment.
Amendment 47 #
Proposal for a directive Recital 1 a (new) (1 a) The Union recognises the fundamental rights as enshrined in the Charter of Fundamental Rights of the European Union, including a high level of environmental protection and the improvement of the quality of the environment (Article 37), the right to life (Article 2) and the right to personal integrity (Article 3). The Union must ensure full enjoyment of these rights by all persons, entailing responsibilities and duties with regard to the human community and to future generations. 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 full protection of these rights and prevent environmental damage.
Amendment 48 #
Proposal for a directive Recital 1 a (new) (1 a) ECHR's case law only provides for indirect protection of the right to a healthy environment by sanctioning only environmental violations that simultaneously result in an infringement of other human rights already recognized in the European Convention on Human Rights.
Amendment 49 #
Proposal for a directive Recital 1 b (new) (1 b) EU citizens expressed concerns in a number of petitions delivered to the European Parliament on the disruptions and deterioration of environment demanding the right to live in a healthy environment and access to justice in environmental matters.
Amendment 50 #
Proposal for a directive 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 economy,and is now as lucrative as drug trafficking. 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.
Amendment 51 #
Proposal for a directive Recital 2 (2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offences pose a threat to the environment and therefore call for an appropriate and effective response. The improvement of cross-border cooperation that works in a more systematic manner between competent national and European authorities would help to better implement European environmental criminal law.
Amendment 52 #
Proposal for a directive Recital 2 (2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offences pose a threat to the environment and therefore call for an appropriate and effective response. A better cross-border cooperation between Member States and competent authorities, such as Europol and Eurojust, should be established in order to fight environmental crime.
Amendment 53 #
Proposal for a directive Recital 2 (2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offences pose a threat to the environment, entail habitat damage and biodiversity loss, amplify climate change, threaten the sustainable livelihood of vulnerable populations, create public health risks and therefore call for an appropriate and effective response.
Amendment 54 #
Proposal for a directive Recital 2 (2) The Union
Amendment 55 #
Proposal for a directive 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
Amendment 56 #
Proposal for a directive 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.
Amendment 57 #
Proposal for a directive 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
Amendment 58 #
Proposal for a directive 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 and increase deterrence. _________________ 20 Directive 2008/99/EC of the European
Amendment 59 #
Proposal for a directive Recital 3 a (new) (3 a) 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 at providing a general framework by defining autonomous environmental crime, in addition to the EU-wide common set of definitions of specific environmental offences.
Amendment 60 #
Proposal for a directive 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. This is for example the case of illegal logging which is an activity of serious concern that leads to environmental damage, loss of biodiversity and ecosystem degradation, desertification and soil erosion leading to natural disasters, such as landslides, which has led to the destruction or damage of several Natura 2000 sites and primary and old-growth forests and can result in the extinction of protected species and specific habitats for different plant and animal species because those engaged in illegal activities tend to disregard laws that protect valuable forest resources. Provisions on sanctions should be strengthened in order to enhance their deterrent effect as well as the enforcement chain in charge of detecting, investigating,
Amendment 61 #
Proposal for a directive 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. 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. Overleniency with regard to the punishment of environmental crimes leads to a situation where the fines received for violation of environmental law represent a small fraction of the profits and could be regarded as a cost of doing business and results in an unfair competition to legally operating businesses.
Amendment 62 #
Proposal for a directive Recital 4 (4)
Amendment 63 #
Proposal for a directive Recital 4 (4) The effective investigation, prosecution and adjudication of environmental criminal offences should be
Amendment 64 #
Proposal for a directive 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
Amendment 65 #
(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 66 #
Proposal for a directive Recital 5 (5) Member States should criminalise offence categories and provide for greater precision on the definitions of the offence categories, and gradual harmonisation concerning sanction types and levels, taking into accounts peculiarities of legal systems of Member States.
Amendment 67 #
Proposal for a directive Recital 5 (5) Without prejudice to their autonomy in judicial matters, Member States should consider criminalis
Amendment 68 #
Proposal for a directive Recital 5 (5) Member States
Amendment 69 #
Proposal for a directive Recital 5 a (new) Amendment 70 #
Proposal for a directive Recital 6 (6) Member States should provide for criminal penalties in their national legislation in respect of serious infringements of provisions of Union law concerning protection of the environment. In the framework of the common fisheries policy, Union law provides for comprehensive set of rules for control and enforcement under Regulation (EC) No 1224/200921 and Regulation (EC) No 1005/2008 in case of serious infringements, including those that cause damage to the marine environment. Under this system the Member States have the choice between administrative and/or criminal sanctioning systems. In line with the Communication from the Commission on the European Green Deal22 and the EU Biodiversity Strategy for 203023
Amendment 71 #
Proposal for a directive Recital 6 (6) Member States should provide for criminal penalties in their national legislation in respect of serious infringements of
Amendment 72 #
Proposal for a directive Recital 6 a (new) (6 a) The establishment of the offence of ecocide would ensure a broad and reinforced prosecution of any action that causes irreversible destruction or long- lasting substantial damage to an ecosystem with knowledge that there was a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by these actions. Such broad and reinforced prosecution should ensure that these kind of acts, which cause extremely grave damage to the environment and are carried out at least with dolus eventualis, are prosecuted and tried without any statute of limitation.
Amendment 73 #
Proposal for a directive Recital 6 b (new) (6 b) Acts established as criminal offences under this Directive can often be carried out by EU citizens or legal persons established in the EU in third countries where such conducts might not be established as criminal offences or where law enforcement tools are weak. Therefore, jurisdiction of Member States regarding criminal acts against the environment should be extended to third countries where the offender is an EU citizen or a legal person established in the EU in order to avoid impunity of such acts.
Amendment 74 #
Proposal for a directive 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, or under a third state national law when the conduct is carried out by an EU citizen or a legal person established in the EU. 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
Amendment 75 #
Proposal for a directive 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, according to the time frames laid down in national legislation.
Amendment 76 #
Proposal for a directive Recital 7 (7) In order to constitute an environmental offence under this Directive, conduct should be unlawful under Union
Amendment 77 #
Proposal for a directive 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, or a third country where the conduct is carried out by an EU citizen or a legal person established in the EU, if such authorisation was 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
Amendment 78 #
Proposal for a directive 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 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
Amendment 79 #
Proposal for a directive Recital 8 a (new) (8 a) 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 80 #
Proposal for a directive Recital 8 b (new) (8 b) Public authorities or undertakings shall 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 corporations.
Amendment 81 #
Proposal for a directive Recital 9 (9) The environment
Amendment 82 #
Proposal for a directive Recital 9 (9) The environment should be protected in a wide sense, as set out under Article 3 (3) TEU and Article 191 TFEU, covering all natural resources - air, water, soil, wild fauna and flora, including habitats
Amendment 83 #
Proposal for a directive Recital 9 (9) The environment should be protected in a wide sense, as set out under Article 3 (3) TEU and Article 191 TFEU, covering
Amendment 84 #
Proposal for a directive Recital 9 (9) The environment should be protected in a wide sense, as set out under Article 3 (3) TEU and Article 191 TFEU, covering all natural resources - air, water, soil, wild fauna and flora including habitats
Amendment 85 #
Proposal for a directive Recital 10 Amendment 86 #
Proposal for a directive Recital 10 (10)
Amendment 87 #
Proposal for a directive 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. A specific procedure should be established in this sense.
Amendment 88 #
Proposal for a directive Recital 10 (10) The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects, have led to the recognition of the green transition as one of the defining objectives of our time and a
Amendment 89 #
Proposal for a directive Recital 11 (11) Qualitative and quantitative thresholds used to define environmental criminal offences should be clarified by providing a
Amendment 90 #
Proposal for a directive Recital 11 a (new) (11 a) 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 these. 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.
Amendment 91 #
Proposal for a directive Recital 11 a (new) (11 a) The "One Health" approach recognizes the interconnection between people, animals, plants, and their shared environment and is an integrated, unifying approach that aims to sustainably balance and optimize the health of people, animals and ecosystems. It recognizes that the health of humans, domestic and wild animals, plants and the wider environment (including ecosystems) are closely interlinked and inter- dependent.
Amendment 92 #
Proposal for a directive 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. 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.
Amendment 93 #
Proposal for a directive 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. 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
Amendment 94 #
Proposal for a directive 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. 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
Amendment 95 #
Proposal for a directive Recital 12 a (new) (12 a) Forests are an essential ally in the fight against climate change and biodiversity loss. They function as carbon sinks, and help to reduce the impacts of climate change, for example by cooling down cities, protecting them from heavy flooding, and reducing drought impact. Especially with regards to offences that create a spiral of severe environmental damages falling within the scope of the EU Biodiversity Strategy for 2030, presenting irreversible danger to the balance of whole ecosystems, such as illegal logging, committing forest fires and destruction of wildlife habitats or other offences against forests, should be taken into account as possible aggravating circumstances.
Amendment 96 #
Proposal for a directive 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 97 #
Proposal for a directive Recital 13 (13) Inciting, and aiding and abetting the criminal offences committed intentionally should also be punishable.
Amendment 98 #
Proposal for a directive 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 or with serious negligence.
Amendment 99 #
(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
source: 736.406
2022/11/08
LIBE
319 amendments...
Amendment 149 #
Proposal for a directive Recital 2 (2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offences pose a threat to the environment and therefore call for an appropriate and effective response. The improvement of cross-border cooperation that works in a more systematic manner between competent national and European authorities would help to better implement European environmental criminal law.
Amendment 150 #
Proposal for a directive Recital 2 (2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offences entail habitat damage and biodiversity loss, amplify climate change, threaten the sustainable livelihood of vulnerable populations, create public health risks. They also pose a threat to the environment and therefore call for an appropriate and effective response.
Amendment 151 #
Proposal for a directive Recital 2 (2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offences pose a threat to the environment, climate, human health as well as human and fundamental rights and therefore call for an appropriate and effective response.
Amendment 152 #
Proposal for a directive Recital 2 (2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offences pose a threat to the environment as well as to the human health and, therefore, call for an appropriate
Amendment 153 #
Proposal for a directive 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. This is linked to the fact that environmental offences are still perceived in many Member States as posing little danger for the society and are thus usually treated as administrative offences rather than criminal offences, reflecting the low priority the environmental protection still has in the area of law enforcement. Compliance should be strengthened by the availability of criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties. _________________ 20 Directive 2008/99/EC of the European
Amendment 154 #
Proposal for a directive 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 promptly enforceable criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties. _________________ 20 Directive 2008/99/EC of the European
Amendment 155 #
Proposal for a directive 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
Amendment 156 #
Proposal for a directive Recital 4 (4) The effective investigation, prosecution and adjudication of environmental criminal offences should be improved, for example by setting short deadlines in order to make such action more effective. 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, such as acts of arson in forests or wildlife parks, should be added. 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 157 #
Proposal for a directive 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 including the definition of "ecocide". 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 158 #
Proposal for a directive 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. 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 159 #
Proposal for a directive Recital 5 (5) Member States should criminalise offence categories and provide for greater precision on the definitions of the offence categories
Amendment 160 #
Proposal for a directive Recital 6 (6) Member States should provide for criminal penalties in their national legislation in respect of serious infringements of provisions of Union law concerning protection of the environment. In the framework of the common fisheries policy, Union law provides for comprehensive set of rules for control and enforcement under Regulation (EC) No 1224/200921 and Regulation (EC) No 1005/2008 in case of serious infringements, including those that cause damage to the marine environment. Under this system the Member States have the choice between administrative and/or criminal sanctioning systems. In line with the Communication from the Commission on the European Green Deal22 and the EU Biodiversity Strategy for 203023 ,
Amendment 161 #
Proposal for a directive Recital 6 a (new) (6 a) (6a) The establishment of the offence of ecocide would ensure a broad and reinforced prosecution of any action that causes irreversible destruction or longlasting substantial damage to an ecosystem with knowledge that there was a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by these actions. Such broad and reinforced prosecution should ensure that these kinds of acts, which cause extremely grave damage to the environment and are carried out with dolus eventualis, are prosecuted regardless of their specific inclusion on the list contained in Article AM\1258257EN.docx 19/163 PE732.797v01-00EN3(1) and are punished by penalties which are equivalent to those imposed upon when the act causes the death or serious injury of a person.
Amendment 162 #
Proposal for a directive 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
Amendment 163 #
Proposal for a directive 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
Amendment 164 #
Proposal for a directive Recital 7 a (new) (7 a) It is important to emphasise that the term unlawful can also have an independent meaning in criminal law in the Member States. The definition given in this Directive is without prejudice to those national provisions, the frameworks against which this term can be tested, and the possible grounds of justification that exist in national law.
Amendment 165 #
Proposal for a directive 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, or a third country when the conduct is carried out by an EU citizen or a legal person established in the EU if such authorisation, was 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,
Amendment 166 #
Proposal for a directive Recital 9 (9) The environment should be protected in a wide sense, as set out under Article 3 (3) TEU and Article 191 TFEU, covering all natural resources - air, water, soil, wild fauna and flora including habitats, ecosystems and species populations - as well as services provided by natural resources. Similarly, environmental damage should also be understood in a wide sense, as comprising not only the market value of the damaged natural resources, but also the ecological and societal values of the services provided by those natural resources.
Amendment 167 #
Proposal for a directive Recital 9 (9) The environment
Amendment 168 #
Proposal for a directive Recital 10 (10) The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects, have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. Therefore, when Union legislation covered by this Directive evolves, this Directive should also automatically cover any updated or amended Union legislation falling within the scope of criminal offences defined under this Directive, when the obligations under Union law remain unchanged in substance. However, when new legal instruments prohibit new conduct harmful to the environment, this Directive should be amended in 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 such new incorporation.
Amendment 169 #
(10.) The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects, have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. Therefore, when Union legislation covered by this Directive evolves, this Directive should also 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 order to take account of social developments and any legislative modifications.
Amendment 170 #
Proposal for a directive Recital 11 (11) Qualitative and quantitative thresholds used to define environmental criminal offences should be clarified by providing a non-exhaustive list of circumstances which should be taken into account when assessing such thresholds by authorities which investigate, prosecute and adjudicate offences. This should promote the coherent application of the Directive and a more effective fight against
Amendment 171 #
Proposal for a directive 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. 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
Amendment 172 #
Proposal for a directive 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. 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
Amendment 173 #
Proposal for a directive 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 within a Member State or at cross-border and European level. 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
Amendment 174 #
Proposal for a directive 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 within a Member State or at cross-border level or is otherwise considered particularly harmful should also constitute a criminal offence when committed intentionally.
Amendment 175 #
Proposal for a directive Recital 14 (14) Sanctions for the offences should be effective, dissuasive and proportionate, and enforced as rapidly as possible in order to be effective.
Amendment 176 #
Proposal for a directive 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. A
Amendment 177 #
Proposal for a directive Recital 14 a (new) (14 a) For legal persons, minimum level of fines should be established as a primary sanction. However, a combination with accessory sanctions is often seen as being more effective than financial sanctions alone. Additional sanctions or measures should be therefore available. These should include the obligation to reinstate the environment or finance its reinstatement, where such reinstatement is possible, within a reasonable timeframe, obligation to engage in or finance activities that contribute to the conservation of and/ or preservation of the environment, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases. However, given that the main victim of the offences referred to in this Directive is the environent as such, the use of sanctions that lead to the reinstatement of the environment should be encouraged whenever possible.
Amendment 178 #
Proposal for a directive Recital 14 b (new) (14 b) In order to ensure the deterrent as well as educational effect of sanctions, it is important to first ensure the identification, tracing, seizing, freezing and definitive confiscation of all the proceeds from and instrumentalities used or intended to be used in the commission or contribution to the commission of environmental offences. Member States should ensure that such proceeds or instrumentalities can be identified, traced, frozen, seized and confiscated even when their ownership has been changed on purpose. Sanctions with financial consequences for the offender, both natural and legal persons, should apply to the offender´s own resources and not to the confiscated assets deriving from the offence. Where live animals are subject to seizing, Member States should ensure that their competent authorities are able to adopt interim measures regarding their placement pending the investigation, prosecution or adjudication of the offence with the aim of ensuring adequate care for them.
Amendment 179 #
Proposal for a directive Recital 14 c (new) (14 c) The confiscated proceeds and instrumenatlities should be allocated to a dedicated national fund and used to protect the environment and combat environmental crime, financing for example prevention measures, adequate numbers of qualified and specialised staff, establishment of specialised departments or units within competent authorities that detect, investigate, prosecute or adjudicate environmental crime, regular training of such competent authorities and rescue centers to provide adequate care for the confiscated live animals.
Amendment 180 #
Proposal for a directive Recital 15 (15) Where national law provides for it, legal persons should also be held criminally liable for environmental criminal offences according to this Directive. Member States whose national law does not provide for the criminal liability of legal persons should ensure that their administrative sanctioning systems provide for effective, dissuasive and proportionate sanctions types and levels
Amendment 181 #
Proposal for a directive Recital 16 (16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these elements are not already constituent for the criminal offence, these could be considered as aggravating circumstances.
Amendment 182 #
Proposal for a directive Recital 16 (16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these
Amendment 183 #
Proposal for a directive Recital 16 a (new) (16 a) Where the crimes are of such nature that cause a serious damage to the environment, such acts amount to the crime of ecocide, which has been 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. Member States should, therefore, take the necessary measures to introduce in their national legislations a definition of the crime of ecocide.
Amendment 184 #
Proposal for a directive Recital 18 (18) This Directive should apply without prejudice to the general rules and principles of national criminal law on the sentencing or the application and execution of sentences in accordance with the specific circumstances in each individual case, and in the strictest compliance with subsidiarity.
Amendment 185 #
Proposal for a directive Recital 19 (19) Member States should lay down rules concerning limitation periods necessary in order to enable them to counter environmental criminal offences effectively, without prejudice to national rules that do not set limitation periods for investigation, prosecution and enforcement. Given that some types of environmental crimes are detected long after they were comitted, the limitation periods should commence from the time of the detection of the offence.
Amendment 186 #
Proposal for a directive Recital 20 (20) The obligations in this Directive to provide for criminal penalties should not exempt Member States from the obligation to provide for effective, proportionate and dissuasive administrative sanctions and other measures in national law for breaches established in Union environmental legislation
Amendment 187 #
Proposal for a directive 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. 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 pr
Amendment 188 #
Proposal for a directive Recital 22 (22) Furthermore, judicial and administrative authorities in the Member
Amendment 189 #
Proposal for a directive 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
Amendment 190 #
Proposal for a directive Recital 23 (23) Given, in particular, the mobility of perpetrators of illegal conduct covered by this Directive and proceeds derived from their criminal activities, together with the complex cross-
Amendment 191 #
Proposal for a directive Recital 23 (23) Given, in particular, the mobility of perpetrators of illegal conduct covered by this Directive, together with the cross
Amendment 192 #
Proposal for a directive Recital 23 a (new) (23 a) The fact that perpetrators of environmental offenses can easily move across borders means that it is of the utmost importance that the investigative services in the different Member States can work well together. It is of the utmost importance that cooperation between the different Member States runs as smoothly as possible. The Commission must, without creating cumbersome, bureaucratic bodies, facilitate this cooperation as much as possible.
Amendment 193 #
Proposal for a directive Recital 23 a (new) (23a) Greater involvement by the people concerned in the process of monitoring the implementation and enforcement of the law can help prevent such environmental crimes. This will result in greater transparency of procedures, thereby making it more difficult to deal with particular financial and economic interests to the detriment of public and individual interests.
Amendment 194 #
Proposal for a directive Recital 23 b (new) (23 b) The Commission must map out which bottlenecks the Member States and investigative organizations encounter when it comes to cross-border cooperation. The Commission should write down these findings in a report and forward this report to the Council and Parliament once every two years. In that report, the Commission indicates whether, and if so which measures it is taking to tackle these bottlenecks. When applicable, the Commission reflects on the measures taken on the basis of the previous report.
Amendment 195 #
Proposal for a directive Recital 24 (24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, people and organisations, such as 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 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, both natural and legal, should benefit from balanced and effective whistleblowers protection set out under Directive (EU) 2019/1937 of the European Parliament and of the Council25 .
Amendment 196 #
Proposal for a directive Recital 24 (24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, people perform a service of public interest and play a key role in exposing and preventing and ultimately penalising such breaches, and thus safeguarding the welfare of society. Individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. Persons who report irregularities are known as whistleblowers. Potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. Such persons should benefit from balanced and effective whistleblowers protection set out under Directive (EU) 2019/1937of the European Parliament and of the Council25 . _________________ 25 Directive (EU) 2019/1937 of the
Amendment 197 #
Proposal for a directive Recital 25 (25) Other persons may also possess valuable information concerning potential environmental criminal offences. They may be members of the community affected 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. Reporting of potential environmental criminal offences with cross-border effect should be facilitated via an online platform. These persons should also be protected from being harassed or unduly prosecuted for reporting such offences or their cooperation in the criminal proceedings.
Amendment 198 #
Proposal for a directive Recital 25 (25) Other persons may also possess
Amendment 199 #
Proposal for a directive Recital 25 a (new) (25 a) The protection of the environment is also carried out by environmental defenders, who play a critical role in mitigating the effects of climate change and fighting against biodiversity loss. For their actions, they face threats, harassment, and violent attacks. Member States have, therefore, an obligation to protect their rights and ensure accountability for such attacks.
Amendment 200 #
(26) 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 and who correspond to the criteria laid down by the national laws of the Member States, should have the possibility to act on behalf of the environment as a public good, within the scope of the Member States’ legal framework and subject to the relevant procedural rules and with reasonable cause to think that a situation presents a serious and imminent danger to the environment. _________________ 26 United Nations Economic Commission
Amendment 201 #
Proposal for a directive Recital 26 a (new) (26 a) One of the obstacles to access to criminal justice that has been observed for years in the requeriment of bail (sometimes very high) for the excercise of popular action in criminal matters; that requirement runs counter to the spirit of the Aarhus Convention, particularly paragraphs 4 and 5 of article 9.
Amendment 202 #
Proposal for a directive 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 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
Amendment 203 #
Proposal for a directive 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 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 in a Member State should be made available to all relevant enforcement authorities for use in cross-border investigations where needed.
Amendment 204 #
Proposal for a directive Recital 29 (29) To ensure successful enforcement, Member States should make available effective investigative tools for environmental offences such as those which exist in their national law for combating organised crime, financial crime, cybercrime, corruption or other serious crimes. These tools should include among others the interception of communications, covert surveillance including electronic surveillance, controlled deliveries, the
Amendment 205 #
Proposal for a directive Recital 29 (29) To ensure successful enforcement, Member States should make available effective investigative tools for environmental offences such as those which exist in their national law for combating organised crime or other serious crimes. These tools should include among others the interception of communications, covert surveillance including electronic surveillance, controlled deliveries, the monitoring of bank accounts and other financial investigation tools. These tools should be applied in line with the principle of proportionality and in full respect of the Charter of Fundamental Rights of the European Union, including with the right to the respect for private and family life, and the protection of personal data. In accordance with national law, the nature and gravity of the offences under investigation should justify the use of these investigative tools.
Amendment 206 #
Proposal for a directive Recital 30 (30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Member States should also ensure assistance, coordination and coperation at strategic and operational level between each other as well as with third countries. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF), in their respective areas of competence. The EPPO, with its own powers and authority to coordinate investigations and prosecutions in cross-border cases, is currently best placed to combat the most serious environmental crimes, therefore an extention of its mandate is imminently necessary and the Commission should present a report to this end, assessing the possibilities and modalities. The extension of the EPPO´s mandate would ensure that those environmental crimes for which reinforcement of the criminal law response is unlikely to be achieved through traditional channels of judicial cooperation, are adequately addressed.
Amendment 207 #
Proposal for a directive Recital 30 (30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF), in their respective areas of competence. The cooperation and coordination at EU level, involving mainly Eurojust and the European Public Prosecutor’s Office (EPPO) should be strengthened to support investigations and prosecutions. In this regard, the Commission should assess the possibility of extending the jurisdiction of the European Public Prosecutor's Office to environmental crimes.
Amendment 208 #
Proposal for a directive Recital 30 (30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Following the applicable rules, Member States should also cooperate through EU agencies,
Amendment 209 #
Proposal for a directive Recital 30 (30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures at national and cross-border level, Member States should organise internal cooperation, exchanges of good practice and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European
Amendment 210 #
Proposal for a directive Recital 30 a (new) (30 a) Considering the financial relevance and cross-border nature of environmental crimes, the EPPO would be the best placed body for investigating, prosecuting and bringing to judgment the perpetrators of such crimes. To this end, the Commission should produce a report, assessing the possibility to extend its mandate, as provided for in Article 86 (4) TFEU, in order to include serious environmental crimes that are detrimental to the interests of the Union or affect the consistent application of EU policies related to the protection of the environment.
Amendment 211 #
Proposal for a directive 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 and keep up-to-date accurate, consistent
Amendment 212 #
Proposal for a directive 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 relevant statistical data on environmental offences. The Commission should
Amendment 213 #
Proposal for a directive 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.
Amendment 214 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes minimum rules
Amendment 215 #
Proposal for a directive Article 1 a (new) Article 1 a 1a) 'ecocide':any unlawful or arbitrary act perpetrated in the knowledge that there is a substantial likelihood of severe, widespread or long-lasting damage to the environment. For the purposes of this definition: a) 'arbitrary' means a reckless act of ignoring damage that would be manifestly excessive in relation to the expected social or economic advantage; b) 'severe' means damage which causes very serious adverse changes, disruption or flagrant harm to any element of the environment, including serious effects on human life or natural, cultural or economic resources; c) 'widespread' means damage that goes beyond a limited geographical area, transcends state borders or affects an entire ecosystem or species or a large number of human beings; d) 'long-lasting' means damage which is irreversible or which cannot be redressed through natural regeneration within a reasonable period of time; e) 'environment' means the Earth, its biosphere, cryosphere, lithosphere, hydrosphere and atmosphere as well as outer space.
Amendment 216 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point a (a) directly applicable Union legislation, 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 217 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point b (b) a law, an administrative regulation of a Member State or a decision taken by a competent authority of a Member State that gives effect to the Union
Amendment 218 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – paragraph 1 Amendment 219 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – paragraph 1 The conduct shall be deemed unlawful even if carried out under an authorisation by a competent authority in a Member State when the authorisation was obtained fraudulently or by corruption, extortion or coercion; This definition is without prejudice to frameworks that exist in the Member States for determining whether a conduct is unlawful. Nor does the definition affect any justification grounds that exist in national law, or the inferences that a court must draw from the existence of justification grounds;
Amendment 220 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – paragraph 1 The conduct shall be deemed unlawful even if carried out under an authorisation
Amendment 221 #
Proposal for a directive Article 2 – paragraph 1 – point 4 Amendment 222 #
Proposal for a directive Article 2 – paragraph 1 – point 4 (4) ‘public concerned’
Amendment 223 #
Proposal for a directive Article 2 – paragraph 1 – point 4 (4) ‘public concerned’ means the persons or groups of 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 promoting the protection of the environment and meeting any proportionate requirements under national law shall be deemed to have an interest;
Amendment 224 #
Proposal for a directive Article 2 – paragraph 1 – point 5 a (new) (5 a) ´illegal logging´ means any logging which breaks rules and legislation in force and is not limited to cases which involve products or commodities within the scope of Regulation(EU) No 995/2010 of the European Parliament and of the Council, including conduct of a local, regional or national forest authority infringing on EU law in sphere of nature protection or on a law implementing EU strategic initiative in the sphere of nature protection;
Amendment 225 #
Proposal for a directive Article 2 – paragraph 1 – point 5 b (new) (5 b) ´ecocide´ 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;
Amendment 226 #
Proposal for a directive Article 2 – paragraph 1 – point 5 c (new) (5 c) ´environmental damage´ means the sum of the market value of the damaged natural resources and the ecological and societal values of the services provided by those natural resources;
Amendment 227 #
Proposal for a directive 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 at least with serious negligence:
Amendment 228 #
Proposal for a directive 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 animals or plants within a Member State or at cross-border level;
Amendment 229 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) the discharge, emission or introduction of a quantity of materials
Amendment 230 #
Proposal for a directive 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 within a Member State or at cross-border level;
Amendment 231 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) the placing on
Amendment 232 #
Proposal for a directive Article 3 – paragraph 1 – point b a (new) (ba) failure to maintain in good condition devices protecting water, air or soil against pollution, radioactive contamination or ionising radiation;
Amendment 233 #
Proposal for a directive 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 animals or plants within a Member State or at cross- border level;
Amendment 234 #
Proposal for a directive Article 3 – paragraph 1 – point c – paragraph 1 and it causes or is likely to cause
Amendment 235 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) the execution of projects referred to in Article 1(2)(a) of Directive 2011/92/EU of the European Parliament and of the Council38 without a development consent or an assessment with regard to their effects on the environment, which causes or is likely to cause substantial damage to the
Amendment 236 #
Proposal for a directive Article 3 – paragraph 1 – point e – introductory part (e) the collection, transport, recovery or disposal of waste
Amendment 237 #
Proposal for a directive Article 3 – paragraph 1 – point e – introductory part (e) the collection, transport, recovery or disposal of waste,
Amendment 238 #
Proposal for a directive 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 239 #
Proposal for a directive 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
Amendment 240 #
Proposal for a directive 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 Council;39
Amendment 241 #
Proposal for a directive 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 animals or plants within a Member State or at cross-border level;
Amendment 242 #
Proposal for a directive 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
Amendment 243 #
Proposal for a directive Article 3 – paragraph 1 – point f (f) the shipment of waste, within the meaning of Article 2(35) of Regulation
Amendment 244 #
Proposal for a directive Article 3 – paragraph 1 – point g (g) the recycling of ships falling within the scope of Regulation (EU) No 1257/2013 of the European Parliament and of the Council41
Amendment 245 #
Proposal for a directive Article 3 – paragraph 1 – point h (h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive,
Amendment 246 #
Proposal for a directive Article 3 – paragraph 1 – point h (h) the ship-source discharges of pollution referred to in Article 3(8) of the Directive 2008/56/EC or polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship- source pollution and on the introduction of penalties, including criminal penalties, into any of the areas
Amendment 247 #
Proposal for a directive 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
Amendment 248 #
Proposal for a directive 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
Amendment 249 #
Proposal for a directive 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
Amendment 250 #
Proposal for a directive 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
Amendment 251 #
Proposal for a directive 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 bodies or leads 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 the Annex V of the Directive 2000/60/EC;
Amendment 252 #
Proposal for a directive 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 and especially environmental damage to surface water bodies covering several Member States;
Amendment 253 #
Proposal for a directive Article 3 – paragraph 1 – point k a (new) Amendment 254 #
Proposal for a directive Article 3 – paragraph 1 – point l (l) the killing, destruction, taking of, possession, sale or offering for sale, including online, of a specimen or specimens of wild fauna or flora species listed in Annexes IV and V (when species in Annex V are subject to the same measures as those adopted for species 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
Amendment 255 #
(m) trading, including online, in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A, B and
Amendment 256 #
Proposal for a directive Article 3 – paragraph 1 – point m a (new) (m a) the use, for hunting or fishing, of poison, explosive means or other instruments or gear that is similarly destructive or non-selective with regard to wildlife, in coherence with the provisions of Article 15 of and Annex VI to the Habitats Directive.
Amendment 257 #
Proposal for a directive Article 3 – paragraph 1 – point n (n) the placing or making available on a larger scale 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
Amendment 258 #
Proposal for a directive Article 3 – paragraph 1 – point n a (new) (n a) unauthorised development, construction or building work on land intendedfor roads, green areas, public property or sites which are legally oradministratively recognised as having landscape, ecological, artistic,historical or cultural value, or which for the same reasons have been designatedas specially protected, in particular natural and semi- natural areas includedin the Natura 2000 network and protected under EU law.
Amendment 259 #
Proposal for a directive Article 3 – paragraph 1 – point n a (new) (n a) any conduct leading to wildfire, which causes or likely to cause death or serious injury to any person or substantial damage to the environment;
Amendment 260 #
Proposal for a directive Article 3 – paragraph 1 – point n a (new) (n a) illegal logging, as defined in Article 2(5a);
Amendment 261 #
Proposal for a directive Article 3 – paragraph 1 – point n b (new) (n b) The starting of forest fires. If the burned area exceeds 500 ha or is a protected area, as referredto in article (na) with respect to the Natura 2000 network areas, a strongercriminal penalty will be set;
Amendment 262 #
Proposal for a directive Article 3 – paragraph 1 – point n b (new) (n b) illegal harvest and transportation of timber.
Amendment 263 #
Proposal for a directive 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 any conduct consisting in killing or destroying animal and plant species protected in a habitat within a protected side, when the endangerment of their status is significant;
Amendment 264 #
Proposal for a directive Article 3 – paragraph 1 – point o (o) any conduct which causes the deterioration of a habitat within a protected site or a significat disturbance of a species for which the site has been designated, within the meaning of Article 6(2) of the Directive 92/43/EEC, when this deterioration is significant;
Amendment 265 #
Proposal for a directive Article 3 – paragraph 1 – point p – point i (i) the conduct breaches restrictions set out in Article 7(1) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council53 and has or is likely to have a significant adverse impact on biodiversity or the related ecosystem service; _________________ 53 Regulation (EU) No 1143/2014 of the
Amendment 266 #
Proposal for a directive 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
Amendment 267 #
Proposal for a directive Article 3 – paragraph 1 – point q (q) production, placing on the market, import, export, use, emission or release of ozone depleting substances as defined in Article 3 (4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council54 or of products and equipment containing or relying on such substances, when undertaken in a non- negligible quantity; _________________ 54 Regulation (EC) No 1005/2009 of the
Amendment 268 #
Proposal for a directive Article 3 – paragraph 1 – point r (r) production, placing on the market, import, export, use, emission or release of fluorinated greenhouse gases as defined in Article 2 (1) of Regulation 517/2014 of the European Parliament and of the Council55 or of products and equipment containing or relying on such gases, when undertaken in a non-negligible quantity. _________________ 55 Regulation (EU) No 517/2014 of the
Amendment 269 #
Proposal for a directive Article 3 – paragraph 1 – point r a (new) (r a) any other unlawful acts or omissions, committed by natural or legal persons, that cause or are likely to cause a substantial damage to the environment.
Amendment 270 #
(r a) ecocide, as defined in Article 2(5b);
Amendment 271 #
Proposal for a directive Article 3 – paragraph 1 – point r b (new) (r b) starting a forest fire;
Amendment 272 #
Proposal for a directive Article 3 – paragraph 1 a (new) 1 a. Member States shall establish as "ecocide" any action that causes destruction or irreversible or long-lasting substantial damage to an ecosystem with knowledge that there was a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by this action.
Amendment 273 #
Amendment 274 #
Proposal for a directive Article 3 – paragraph 3 Amendment 275 #
Proposal for a directive Article 3 – paragraph 3 – introductory part 3. Member States shall ensure that their national legislation specifies that one or more of 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 paragraph 1, points (a) to (e), (i), (j), (k) and (p):
Amendment 276 #
Proposal for a directive Article 3 – paragraph 3 – point a a (new) (a a) the monetary value of the environmental damage caused by the offence;
Amendment 277 #
Proposal for a directive Article 3 – paragraph 3 – point a b (new) (a b) the estimated cost of reinstatement of the environmental damage;
Amendment 278 #
Proposal for a directive Article 3 – paragraph 3 – point b (b) whether the damage
Amendment 279 #
Proposal for a directive Article 3 – paragraph 3 – point e (e) the extent of reversibility of the damage.
Amendment 280 #
Proposal for a directive Article 3 – paragraph 3 – point e a (new) (ea) the polluter pays principle should prevail, depending on the nature of the damage identified in the immediate term, but also the expected damage over the longer term.
Amendment 281 #
Proposal for a directive Article 3 – paragraph 3 – point e a (new) (e a) the amount of financial benefits gained by the offender, including cost of compliance;
Amendment 282 #
Proposal for a directive Article 3 – paragraph 3 – point e a (new) (e a) monetary value of the damage.
Amendment 283 #
Proposal for a directive Article 3 – paragraph 3 a (new) 3 a. monetary value of the damage.
Amendment 284 #
Proposal for a directive Article 3 – paragraph 4 Amendment 285 #
Proposal for a directive Article 3 – paragraph 4 – introductory part 4. Member States shall ensure that their national legislation specifies that one or more of the following elements shall be taken into account, where relevant, 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 animals
Amendment 286 #
Proposal for a directive Article 3 – paragraph 5 Amendment 287 #
Proposal for a directive Article 3 – paragraph 5 – introductory part 5. Member States shall ensure that their national legislation specifies that one or more of the following elements shall be taken into
Amendment 288 #
Proposal for a directive Article 3 – paragraph 5 – point a (a) the volume or number of items subject to the offence;
Amendment 289 #
Proposal for a directive Article 3 – paragraph 5 – point c (c) the protection or conservation status of the habitat or the fauna or flora species concerned;
Amendment 290 #
Proposal for a directive Article 3 – paragraph 5 – point d (d) the
Amendment 291 #
Proposal for a directive Article 3 – paragraph 5 – point d a (new) (d a) the monetary value of the environmental damage caused by the offence;
Amendment 292 #
Proposal for a directive Article 3 – paragraph 5 – point d a (new) (d a) the financial benefit gained by committing the offence.
Amendment 293 #
Proposal for a directive Article 3 – paragraph 5 – point d a (new) (d a) the polluter pays principle
Amendment 294 #
Proposal for a directive Article 3 – paragraph 5 – point d b (new) (d b) the amount of financial benefits gained by the offender, including cost of compliance;
Amendment 295 #
Proposal for a directive Article 3 – paragraph 5 a (new) 5 a. With regards to trading in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A of Council Regulation (EC) No 338/97, as referred to in Article 3, paragraph 1 m), non-negligible quantity shall be understood to be one specimen or part or derivative of one specimen from the list.
Amendment 296 #
Proposal for a directive Article 3 – paragraph 5 a (new) 5 a. the scale of the financial benefits gained by committing the offence.
Amendment 297 #
Proposal for a directive Article 3 – paragraph 5 b (new) 5 b. In order to ensure consistency and coherence across Member States for the purpose of law enforcement and to prevent forum shopping by offenders, the Commission shall, within [X] months after the entry into force of this Regulation and in consultation with relevant experts and stakeholders and following a science-based approach, issue guidelines to facilitate common understanding among Member States of the qualitative and quantitaive thresholds referred to in paragraph 3, 4 and 5 of this Article.
Amendment 298 #
Proposal for a directive Article 3 a (new) Amendment 299 #
Proposal for a directive 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)
Amendment 300 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that the offences referred to in Articles 3 and 4 are punishable by effective, proportionate and dissuasive criminal penalties within specified time limits in order to make such measures effective.
Amendment 301 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least ten years if they cause or are likely to cause death or serious injury to any person. The offence referred to in Article 3(1) (ra) shall also be punishable by a maximum term of imprisonment of at least ten years.
Amendment 302 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least
Amendment 303 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (a) to (j), (
Amendment 304 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by a maximum term of imprisonment of at least
Amendment 305 #
Proposal for a directive Article 5 – paragraph 4 4. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by a maximum term of imprisonment of at least
Amendment 306 #
Proposal for a directive Article 5 – paragraph 4 4. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points
Amendment 307 #
Proposal for a directive Article 5 – paragraph 4 a (new) 4 a. Member States shall take the necessary measures to develop alternative measures to imprisonment in order to contribute to the restoration of the environment
Amendment 308 #
Proposal for a directive 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 and 4 may be subject to additional sanctions or measures which
Amendment 309 #
Proposal for a directive Article 5 – paragraph 5 – point a (a) obligation to reinstate the environment
Amendment 310 #
Proposal for a directive Article 5 – paragraph 5 – point a (a) obligation to reinstate
Amendment 311 #
Proposal for a directive Article 5 – paragraph 5 – point a (a)
Amendment 312 #
Proposal for a directive Article 5 – paragraph 5 – point b (b) fines, where relevant proportionate to the environmental damage caused and/or to the financial benefits gained by the offender;
Amendment 313 #
Proposal for a directive Article 5 – paragraph 5 – point b (b) fines, which shall be proportional to the damage caused by the offence;
Amendment 314 #
Proposal for a directive Article 5 – paragraph 5 – point b a (new) (b a) obligation to engage in or finance activities that contribute to the conservation and/ or preservation of the environment;
Amendment 315 #
Proposal for a directive Article 5 – paragraph 5 – point c (c) temporary
Amendment 316 #
Proposal for a directive Article 5 – paragraph 5 – point e (e)
Amendment 317 #
Proposal for a directive Article 5 – paragraph 5 – point f Amendment 318 #
Proposal for a directive Article 5 – paragraph 5 – point f (f) temporary or permanent bans on running for elected or public office;
Amendment 319 #
Proposal for a directive Article 5 – paragraph 5 – point g Amendment 320 #
Proposal for a directive Article 5 – paragraph 5 – point g a (new) (g a) additional sanctions or measures in point c) - f), when appropriate, shall be introduced with an EU-wide effect.
Amendment 321 #
Proposal for a directive Article 5 – paragraph 5 a (new) 5 a. lifelong prohibition on working with and owning animals;
Amendment 322 #
Proposal for a directive Article 5 – paragraph 5 b (new) 5 b. Reimbursement of costs made by third parties who have investigated, reported or sued the offender;
Amendment 323 #
Proposal for a directive Article 6 – paragraph 1 – point c (c) an authority to exercise control within the legal person, including supply chain due diligence.
Amendment 324 #
Proposal for a directive Article 6 – paragraph 2 2. Member States shall also ensure
Amendment 325 #
Proposal for a directive Article 6 – paragraph 2 2. Member States shall also ensure that legal persons can be held liable where the culpable 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 and 4 for the benefit of the legal person by a person under its authority.
Amendment 326 #
Proposal for a directive 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) and 6(2) is punishable by effective, proportionate and dissuasive criminal, or where relevant non-criminal sanctions.
Amendment 327 #
Proposal for a directive Article 7 – paragraph 1 1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6
Amendment 328 #
Proposal for a directive Article 7 – paragraph 2 – introductory part 2. Member States shall take the necessary measures to ensure that
Amendment 329 #
Proposal for a directive Article 7 – paragraph 2 – introductory part 2. Member States shall take the
Amendment 330 #
Proposal for a directive Article 7 – paragraph 2 – point a Amendment 331 #
Proposal for a directive Article 7 – paragraph 2 – point a Amendment 332 #
Proposal for a directive Article 7 – paragraph 2 – point a a (new) (a a) personal criminal sanctions to management responsible
Amendment 333 #
Proposal for a directive Article 7 – paragraph 2 – point b (b) the obligation to reinstate the environment
Amendment 334 #
Proposal for a directive Article 7 – paragraph 2 – point b (b)
Amendment 335 #
Proposal for a directive Article 7 – paragraph 2 – point b a (new) (b a) obligation to engage in or finance activities that contribute to the conservation and/ or preservation of the environment;
Amendment 336 #
Proposal for a directive Article 7 – paragraph 2 – point c (c) permanent exclusion from entitlement to public benefits or aid;
Amendment 337 #
Proposal for a directive Article 7 – paragraph 2 – point c (c) temporary exclusion from entitlement to public benefits or aid;
Amendment 338 #
Proposal for a directive Article 7 – paragraph 2 – point d (d) temporary or permanent exclusion from access to public funding, including tender procedures, grants and concessions;
Amendment 339 #
Proposal for a directive Article 7 – paragraph 2 – point e (e) temporary
Amendment 340 #
Proposal for a directive Article 7 – paragraph 2 – point f (f)
Amendment 341 #
Proposal for a directive Article 7 – paragraph 2 – point j Amendment 342 #
Proposal for a directive Article 7 – paragraph 2 – point j Amendment 343 #
Proposal for a directive Article 7 – paragraph 2 – point k (k) publication of the judicial decision relating to the conviction or any sanctions or measures applied and EU-wide publication of the judicial decision with cross-border relevance.
Amendment 344 #
Proposal for a directive Article 7 – paragraph 3 Amendment 345 #
Proposal for a directive Article 7 – paragraph 3 3. Member States shall take the necessary measures to ensure that
Amendment 346 #
Proposal for a directive Article 7 – paragraph 4 Amendment 347 #
4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1)
Amendment 348 #
Proposal for a directive 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), (ma), (na), (nb) are punishable by fines, the maximum limit of which shall be not less than 5% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 349 #
Proposal for a directive 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 350 #
Proposal for a directive Article 7 – paragraph 4 4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1)
Amendment 351 #
Proposal for a directive Article 7 – paragraph 4 a (new) Amendment 352 #
Proposal for a directive Article 7 – paragraph 5 Amendment 353 #
Proposal for a directive Article 7 – paragraph 5 Amendment 354 #
Proposal for a directive Article 7 – paragraph 5 Amendment 355 #
Proposal for a directive Article 7 – paragraph 5 5. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by fines, the maximum limit of which shall be not less than
Amendment 356 #
5 a. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1a) are punishable by fines, the maximum limit of which shall be not less than 25% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 357 #
Proposal for a directive Article 7 – paragraph 6 Amendment 358 #
Proposal for a directive Article 7 – paragraph 6 a (new) 6 a. Member States shall take the necessary measures to make sure that the level of the fines referred to in paragraph 4 is gradually increased for repeated infringements;
Amendment 359 #
Proposal for a directive 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 and 4, at least one of the following circumstances may be regarded as aggravating circumstances:
Amendment 360 #
Proposal for a directive Article 8 – paragraph 1 – point a (a) the offence caused the death of, or serious injury to, a person; the number of victims shall be taken into account;
Amendment 361 #
Proposal for a directive Article 8 – paragraph 1 – point b (b) the offence caused destruction or
Amendment 362 #
Proposal for a directive Article 8 – paragraph 1 – point b (b) the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem within a Member State or at cross-border level;
Amendment 363 #
Proposal for a directive Article 8 – paragraph 1 – point b a (new) (b a) the offence or the damage have a cross-border dimension;
Amendment 364 #
Proposal for a directive Article 8 – paragraph 1 – point b b (new) (b b) the offence caused destruction or damage to a site of critical infrastructure or a site of cultural heritage;
Amendment 365 #
Proposal for a directive Article 8 – paragraph 1 – point b c (new) (b c) the offence was committed in an area of conservation or protection at national, European or international level;
Amendment 366 #
Proposal for a directive Article 8 – paragraph 1 – point c (c) the offence was committed in the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA56 or for the benefit of such organisation; _________________ 56 Council Framework Decision
Amendment 367 #
Proposal for a directive Article 8 – paragraph 1 – point c a (new) (c a) the offence involved any of the following elements: corruption, fraud, money laundering, extortion, coercion or any other forms of intimidation;
Amendment 368 #
Proposal for a directive Article 8 – paragraph 1 – point f (f) the offender
Amendment 369 #
Proposal for a directive Article 8 – paragraph 1 – point h Amendment 370 #
Proposal for a directive Article 8 – paragraph 1 – point i Amendment 371 #
Proposal for a directive Article 8 – paragraph 1 – point j Amendment 372 #
Proposal for a directive Article 8 – paragraph 1 – point j a (new) (j a) the affected area exceeds 500 ha or is a protected area, as referred to in article (na) with respect to the Natura 2000 network areas
Amendment 373 #
Proposal for a directive Article 8 – paragraph 1 – point j a (new) (j a) the offender committed an offence referred to in Article 3(1) while subject to a derogation under Article 15(4) of Directive 2010/75/EU;
Amendment 374 #
Proposal for a directive Article 8 – paragraph 1 – point j b (new) (j b) the offence caused unnecessary and avoidable suffering of animals.
Amendment 375 #
Proposal for a directive Article 8 – paragraph 1 a (new) the offence damaged a Natura 2000 site;
Amendment 376 #
Proposal for a directive Article 8 – paragraph 1 b (new) the offence damaged a legally protected area in a third country;
Amendment 377 #
Proposal for a directive Article 8 – paragraph 1 c (new) the offence converges with other crimes.
Amendment 378 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) the offender re
Amendment 379 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) the offender restores nature to its previous condition
Amendment 380 #
Proposal for a directive Article 9 – paragraph 1 a (new) the offender restores nature to its previous condition prior to the indictment of criminal proceedings;
Amendment 382 #
Proposal for a directive Article 10 – paragraph 1 Member States shall take the necessary measures to ensure
Amendment 383 #
Proposal for a directive Article 10 – paragraph 1 a (new) Amendment 384 #
Proposal for a directive Article 10 – paragraph 1 b (new) Member States shall ensure that: a) the confiscated financial proceeds or instrumentalities from the offences, or where relevant the financial assests obtained from selling material proceeds or instrumentalities from the offences, are used to combat environmental crime in line with Article 12a of this Directive; b) confiscated wildlife products are offered to appropriate public entities for genuine educational, scientific and conservation purposes or properly destroyed, if their use for these purposes is not practicable.
Amendment 385 #
Proposal for a directive Article 11 – paragraph 1 Amendment 386 #
Proposal for a directive Article 11 – paragraph 1 a (new) 1 a. Member States shall take the necessary measures to ensure that the limitation period of criminal offences referred to in Articles 3 and 4 does not commence until the concrete scope of the damage to the environment has been fully measured by appropriate scientific means.
Amendment 387 #
Proposal for a directive Article 11 – paragraph 2 Amendment 388 #
Proposal for a directive 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
Amendment 389 #
Proposal for a directive Article 11 – paragraph 2 – point a (a) of offences referred to in Articles 3 and 4 which are punishable by a maximum
Amendment 390 #
Proposal for a directive 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
Amendment 391 #
Proposal for a directive 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
Amendment 392 #
Proposal for a directive 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
Amendment 393 #
Proposal for a directive 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
Amendment 394 #
Proposal for a directive Article 11 – paragraph 3 Amendment 395 #
Proposal for a directive Article 11 – paragraph 3 Amendment 396 #
Proposal for a directive Article 11 – paragraph 4 Amendment 397 #
Proposal for a directive 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
Amendment 398 #
Proposal for a directive Article 11 – paragraph 4 – point b (b) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at
Amendment 399 #
Proposal for a directive Article 11 – paragraph 4 – point c (c) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least
Amendment 400 #
Proposal for a directive Article 12 – paragraph 1 – point d (d) the offender is one of its nationals or habitual residents
Amendment 401 #
Proposal for a directive Article 12 – paragraph 1 – point d (d) the offender is one of its nationals or habitual residents
Amendment 402 #
Proposal for a directive Article 12 – paragraph 1 – point d (d) the offender is one of its nationals
Amendment 403 #
Proposal for a directive 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 404 #
Proposal for a directive Article 12 – paragraph 1 a (new) 1 a. the offence is committed for the benefit of a legal person established on its territory;
Amendment 405 #
Proposal for a directive Article 12 – paragraph 1 b (new) 1 b. the offence is committed against one of its nationals or its habitual residents;
Amendment 406 #
Proposal for a directive Article 12 – paragraph 1 c (new) 1 c. the offence has created a severe risk for the environment on its territory.
Amendment 407 #
Proposal for a directive Article 12 – paragraph 2 Amendment 408 #
Proposal for a directive Article 12 – paragraph 2 – introductory part 2. A Member State shall take the necessary measures and 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:
Amendment 409 #
Proposal for a directive Article 12 – paragraph 2 – introductory part 2. A Member State
Amendment 410 #
Proposal for a directive Article 12 – paragraph 2 – point a Amendment 411 #
Proposal for a directive Article 12 – paragraph 2 – point a a (new) (a a) the offender has his or her habitual residence in its territory;
Amendment 412 #
Proposal for a directive Article 12 – paragraph 2 – point c (c) the offence has created a severe risk for the environment or the conservation of native wildlife populations and their habitats on its territory.
Amendment 413 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 1 Where an offence referred to in Articles 3 and 4 falls within the jurisdiction of more than one Member State, th
Amendment 414 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 1 Where an offence referred to in Articles 3 and 4 falls within the jurisdiction of more than one Member State, these Member States shall swiftly 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/JHA59 , be referred to Europol and/or Eurojust. _________________ 59 Council Framework Decision
Amendment 415 #
Proposal for a directive Article 12 – paragraph 3 3. In cases referred to in paragraph 1, points (c), (d) and (da), 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 416 #
Proposal for a directive Article 12 a (new) Article 12 a National funds for preventing and combatting environmental crime and facilitation of environmental protection 1. Member States shall, within 9 months from the entry into force of this Directive, establish and maintain a national fund, or where relevant adjust such an existing fund, aimed at combatting environmental crime and facilitation of environmental protection, including, for example, through financing of: a) prevention measures, including but not limited to those referred to in Article 15; b) combatting environmental crime, more specifically, the national authorities that detect, investigate, prosecute or adjudicate environmental offences, including for the purposes referred to in Articles 16, 17, 18 and 19; c) facilitation of environmental protection, including financing rescue centers that take adequate care for confiscated live animals. 2. The fund shall be financed at least through: a) the criminal and non-criminal fines as referred to in Articles 5 and 7; b) 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; c) where the complete reinstatement of the environment is not possible, the cost of the residual damage, paid by the offender;
Amendment 417 #
Proposal for a directive Article 13 – paragraph 1 1. Member States shall take the necessary measures to ensure
Amendment 418 #
Proposal for a directive Article 13 – paragraph 1 1. Member States shall take the necessary measures to
Amendment 419 #
Proposal for a directive 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 as provided for in Directive (EU) 2019/1937 in the context of criminal proceedings.
Amendment 420 #
Proposal for a directive Article 13 – paragraph 2 2. Member States shall take the necessary measures to ensure that any 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 support and assistance in the context of criminal proceedings.
Amendment 421 #
Proposal for a directive 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 against strategic lawsuits against public participation, in line with the Directive 2022/... [Directive of the European Parliament and of the Council on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings].
Amendment 422 #
Proposal for a directive Article 13 – paragraph 2 a (new) 2 a. The Commission with the cooperation of Europol and the Member States shall establish an EU-wide green line for easy and secure reporting of criminal offences referred to in Articles 3 and 4 of this Directive available in all official EU languages.
Amendment 423 #
Proposal for a directive Article 14 Amendment 424 #
Proposal for a directive Article 14 – title Rights for the public concerned to access information and participate in proceedings
Amendment 425 #
Proposal for a directive 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 and 4, for instance as a civil
Amendment 426 #
Proposal for a directive Article 14 – paragraph 1 Member States shall ensure that, in accordance with their national legal system, members of the public concerned
Amendment 427 #
Proposal for a directive 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 access information and participate in proceedings concerning offences referred to in Articles 3 and 4, for instance as a civil party.
Amendment 428 #
Proposal for a directive Article 15 Amendment 429 #
Proposal for a directive Article 15 – paragraph 1 Member States shall take appropriate action, such as research and education programmes, including studies on the origin and motivation for committing environmental crimes as well as information and awareness-
Amendment 430 #
Proposal for a directive Article 15 – paragraph 1 Member States shall take appropriate action, such as preventive law enforcement tools, information and awareness-
Amendment 431 #
Proposal for a directive Article 15 – paragraph 1 a (new) Member States shall take the necessary measures to ensure that pending the investigation, prosecution or adjudication of the environmental offences referred to in Article 3 and 4, the competent authorities may adopt interim measures, including an environmental injunction, for immediate cessation of the illegal activity, if such an activity is still ongoing, in order to prevent further damages to the environment.
Amendment 432 #
Proposal for a directive Article 16 Amendment 433 #
Proposal for a directive Article 16 – paragraph 1 Member States shall
Amendment 434 #
Proposal for a directive Article 16 – paragraph 1 Member States shall ensure that national authorities which prevent, detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.
Amendment 435 #
Proposal for a directive Article 17 Amendment 436 #
Proposal for a directive Article 17 – paragraph 1 Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall request those responsible for the training of judges, prosecutors, police, judicial staff and competent authorities’ staff involved in criminal proceedings and investigations to provide at regular intervals specialised training
Amendment 437 #
Proposal for a directive Article 17 – paragraph 1 Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall request those responsible for the training of judges, prosecutors, police, judicial staff and competent authorities’ staff involved in criminal proceedings and investigations to provide at regular intervals specialised training and exchange of best practices at EU level with respect to the objectives of this Directive and appropriate to the functions of the involved
Amendment 438 #
Proposal for a directive Article 17 – paragraph 1 a (new) Member States shall ensure that those responsible for these trainings have sufficient, stable and predictable finacing available for the regular organisation of the trainings.
Amendment 439 #
Proposal for a directive Article 17 – paragraph 1 b (new) The Commission shall, within a reasonable timeframe, take the necessary measures to ensure that the online training for law enforcement authorities provided by the European Union Agency for Law Enforcement Training (CEPOL) is available in all official EU languages in order to allow for the maximisation of the number of recipients of the training.
Amendment 440 #
Proposal for a directive 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 and 4, including the active presence of the prosecution services.
Amendment 441 #
Proposal for a directive Article 18 – paragraph 1 Member States shall take the necessary measures to ensure that effective investigative tools,
Amendment 442 #
Proposal for a directive Article 18 – paragraph 1 Member States shall take the necessary measures to ensure that
Amendment 443 #
Proposal for a directive Article 19 – title Coordination and cooperation between competent authorities within and between Member States and with relevant bodies at EU level
Amendment 444 #
Proposal for a directive Article 19 – paragraph 1 – introductory part Member States shall take the necessary measures to establish appropriate mechanisms for coordination and cooperation at strategic and operational levels among all their competent authorities involved in the prevention of and the fight against environmental criminal offences. Such mechanisms shall
Amendment 445 #
Proposal for a directive Article 19 – paragraph 1 – point b Amendment 446 #
Proposal for a directive Article 19 – paragraph 1 – point c Amendment 447 #
Proposal for a directive Article 19 – paragraph 1 – point e a (new) (e a) participating in joint training activities.
Amendment 448 #
Proposal for a directive Article 19 – paragraph 1 – subparagraph 1 Amendment 449 #
Proposal for a directive Article 19 – paragraph 1 a (new) Member States shall ensure that, where relevant, their competent authorities that detect, investigate, procesute or adjudicate environmental offences referred to in Article 3 and 4, exchange information, consult and actively cooperate with relevant bodies at EU level, such as Europol and Eurojust, and including OLAF and EPPO to the extent relevant to their respective competences.
Amendment 450 #
Proposal for a directive Article 19 a (new) Amendment 451 #
Proposal for a directive Article 19 a (new) Article 19 a Cooperation at European level Member States, the Commission and the EU agencies, bodies and offices (Eurojust, Europol, EuropeanPublic Prosecutor's Office, OLAF) shall, within their respective mandates and competences, establish and maintain close cooperation with each other in the prevention and the fight against environmental criminal offences.
Amendment 452 #
Proposal for a directive Article 20 Amendment 453 #
Proposal for a directive Article 20 – paragraph 1 – introductory part 1.
Amendment 454 #
Proposal for a directive Article 20 – paragraph 1 – point c (c) the modes of coordination and cooperation between the competent
Amendment 455 #
Proposal for a directive Article 20 – paragraph 1 – point f (f) the procedures and mechanisms for regular monitoring
Amendment 456 #
Proposal for a directive Article 21 – paragraph 2 – point b (b) the number of environmental crime cases investigated, prosecuted and adjudicated;
Amendment 457 #
Proposal for a directive Article 21 – paragraph 2 – point c (c) the average length of the criminal investigations of environmental crimes as well as of criminal proceedings;
Amendment 458 #
Proposal for a directive Article 21 – paragraph 3 3. Member States shall ensure that
Amendment 459 #
Proposal for a directive Article 21 – paragraph 3 3. Member States shall ensure that a consolidated review of their statistics is
Amendment 460 #
Proposal for a directive Article 21 – paragraph 4 4. Member States shall biannually transmit to the Commission the statistical data referred to in paragraph 2 in a standard format established in accordance with Article 22.
Amendment 461 #
Proposal for a directive Article 21 – paragraph 5 5. The Commission shall
Amendment 462 #
Proposal for a directive Article 22 – paragraph 1 Amendment 463 #
Proposal for a directive Article 24 a (new) Article 24 a Guidelines Commission shall provide Member States with individual guidance as well as with collective guidelines and recommendations on the aspects of the Directive where it deems necessary to ensure correct, consistent and coherent transposition of this Directive at Member State level, with specific attention to the sanctions and penalties levels referred to in Article 5 and 7 with the aim of preventing the phenomenon of forum shopping by the offenders.
Amendment 464 #
Proposal for a directive Article 25 – paragraph 1 1. The Commission shall by
Amendment 465 #
Proposal for a directive Article 25 – paragraph 2 Amendment 466 #
Proposal for a directive Article 25 – paragraph 2 2. Every two years
Amendment 467 #
Proposal for a directive Article 25 – paragraph 3 3. By [OP – please insert the date - five years after the transposition period is over], the Commission shall carry out an evaluation of the impact of this Directive as well as the need to update the list of offences in Article 3 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.
source: 738.464
2022/11/11
JURI
515 amendments...
Amendment 100 #
Proposal for a directive Recital 9 (9) The environment
Amendment 101 #
Proposal for a directive Recital 9 (9) The environment should be protected in a wide sense, as set out under Article 3
Amendment 102 #
Proposal for a directive 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 103 #
Proposal for a directive Recital 10 (10) The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects, have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. Therefore, when Union legislation covered by this Directive evolves, this Directive should also 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. Such amendments should be limited to the incorporation of new criminal offences as per Article 3 of this Directive and, when relevant, related provisions.
Amendment 104 #
Proposal for a directive Recital 10 (10) The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects, have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. Therefore, when Union legislation covered by this Directive evolves, this Directive should also 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, while fully respecting the principles of conferral, subsidiarity and proportionality as laid down in art. 5 of the TEU.
Amendment 105 #
Proposal for a directive Recital 11 (11) Qualitative and quantitative thresholds under Union law used to define environmental criminal offences should be clarified by providing a non-exhaustive list of circumstances which should be taken into account when assessing such thresholds by authorities which investigate, prosecute and adjudicate offences. This should
Amendment 106 #
Proposal for a directive Recital 11 (11) Qualitative and quantitative thresholds used to define environmental criminal offences should be clarified by providing an
Amendment 107 #
Proposal for a directive 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 (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
Amendment 109 #
Proposal for a directive 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. 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 d
Amendment 110 #
Proposal for a directive 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 (14) Sanctions for the offences should be effective, dissuasive and proportionate. To this end,
Amendment 112 #
Proposal for a directive 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. Minimum levels for the maximum term of imprisonment may be achieved by national law as a sanction for a single criminal offence, for an aggravated offence or for a combination of concurrent applicable criminal offences. 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. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate
Amendment 113 #
Proposal for a directive 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. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases. For instance, in such cases where an offender is not in the capacity to reinstate the environment, additional sanctions may take the form of a financial penalty equating to the full economical and societal cost of the damage caused.
Amendment 114 #
Proposal for a directive 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
Amendment 115 #
Proposal for a directive Recital 14 a (new) (14a) The criminal law systems of all Member States include provisions on manslaughter, whether it is committed intentionally or by gross negligence. Member States should be able to rely on these provisions when transposing the provisions of this Directive on offences that cause the death of any person, whether committed intentionally or by gross negligence. In this context, gross negligence describes a particularly serious breach of duty of care.
Amendment 116 #
Proposal for a directive Recital 15 (15)
Amendment 117 #
Proposal for a directive Recital 15 (15) Where national law provides for it, legal persons should also be held criminally liable for environmental criminal offences according to this Directive. Member States whose national law does not provide for the criminal liability of legal persons should ensure that their administrative sanctioning systems provide for effective, dissuasive and proportionate sanctions types and levels as laid down in this Directive in order to achieve its objectives.
Amendment 118 #
Proposal for a directive Recital 15 (15) Where national law provides for it, legal persons should also be held criminally liable for environmental criminal offences according to this Directive. Member States whose national
Amendment 119 #
Proposal for a directive Recital 15 a (new) (15a) In order to ensure a comprehensive framework for environmental protection, it is important to proceed with the establishment for corporate sustainability due diligence rules which should be set exclusively by the Directive on corporate sustainability due diligence, which is currently under discussion.
Amendment 120 #
Proposal for a directive Recital 15 b (new) (15b) This Directive should promote a holistic approach taking into account also current economic challenges when assessing the proportionality of environmental criminal law measures and their effect on companies in the Single Market.
Amendment 121 #
Proposal for a directive Recital 16 (16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these elements are not already constituent for the criminal offence, these could be considered as aggravating circumstances. Equally, when an environmental criminal offence causes substantial and irreversible or long- lasting damage to an entire ecosystem, this should be an aggravating circumstance because of its severity, including in cases comparable to ecocide. As the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals, these should be taken into account when determining the appropriate level of sanctioning in the individual case. Sanctions should therefore always be high enough to ensure that prosecuted offenders cannot profit from their crimes, and cover, at least, the real environmental cost of the damage, based on the ecological, social and monetary value of the supplied ecosystem service lost or temporarily lost. All the proceeds derived from criminal and non-criminal fines should be used by Member States to combat environmental crime and protect the environment, through the means prescribed in this Directive.
Amendment 122 #
Proposal for a directive Recital 16 (16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these elements are not already constituent for the criminal offence, these could be considered as aggravating circumstances. Equally, when an environmental criminal offence causes substantial and irreversible or long- lasting damage to an entire ecosystem, this should be an aggravating circumstance because of its severity, including in cases comparable to ecocide. As the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals, these should be calculated as accurately as possible and taken into account when determining the appropriate level of sanctioning in the individual case
Amendment 123 #
Proposal for a directive Recital 16 (16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these elements are not already constituent for the criminal offence, these could be considered as aggravating circumstances. Equally, when an environmental criminal offence causes substantial and irreversible or long- lasting damage to an entire ecosystem, this should be an aggravating circumstance because of its severity
Amendment 124 #
Proposal for a directive Recital 16 (16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these
Amendment 125 #
Proposal for a directive 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 17 (17) Where the crimes are of a continuing nature
Amendment 127 #
Proposal for a directive 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
Amendment 128 #
Proposal for a directive 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 in full.
Amendment 129 #
Proposal for a directive Recital 18 (18) This Directive should apply without prejudice to the general rules and principles of national criminal law on the sentencing or the application and execution of sentences in accordance with
Amendment 130 #
Proposal for a directive Recital 18 (18) This Directive should apply without prejudice to the general rules and principles of national criminal law on the sentencing or the application and execution of sentences in accordance with the specific circumstances in each individual case, with the utmost respect for subsidiarity.
Amendment 131 #
Proposal for a directive 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 (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 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 134 #
Proposal for a directive 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. The Commission should develop sentencing guidelines in order to contribute to the harmonization of those sanctions and measures across Member States.
Amendment 135 #
Proposal for a directive Recital 22 (22) Furthermore, judicial and administrative authorities in the Member States should have at their disposal
Amendment 136 #
Proposal for a directive Recital 22 (22) Furthermore, judicial and administrative authorities in the Member States should have at their disposal a range of criminal sanctions and other proportionate measures to address different types of criminal behaviour in a tailored, proportionate and effective manner.
Amendment 137 #
Proposal for a directive Recital 22 a (new) Amendment 138 #
Proposal for a directive 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,
Amendment 139 #
Proposal for a directive 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 without undue delays.
Amendment 140 #
Proposal for a directive 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
Amendment 141 #
Proposal for a directive Recital 24 (24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law,
Amendment 142 #
Proposal for a directive Recital 24 (24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law,
Amendment 143 #
Proposal for a directive Recital 24 (24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, people perform a service of public interest and play a key role in exposing and preventing such breaches, and thus safeguarding the welfare of society. Individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. Persons who report irregularities are known as whistleblowers. Potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. Such persons should benefit from
Amendment 144 #
Proposal for a directive 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) (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) (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 (25) Other natural or legal persons may also possess valuable information concerning potential environmental criminal offences. They may
Amendment 148 #
Proposal for a directive Recital 25 (25) Other persons may also possess valuable information concerning potential environmental criminal offences. They may be members of the community affected or members of society at large taking an active part in protecting the environment, in a reasoned and non- extremist manner. 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. These persons should also be protected from being harassed or unduly prosecuted for reporting such offences or their cooperation in the criminal proceedings.
Amendment 149 #
Proposal for a directive Recital 25 (25) Other persons may also possess valuable information concerning potential environmental criminal offences. They may be members of the community affected 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 all the necessary 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) (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 26 (26)
Amendment 152 #
Proposal for a directive Recital 26 (26)
Amendment 153 #
Proposal for a directive 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) Amendment 155 #
Proposal for a directive 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) (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 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 assign
Amendment 158 #
Proposal for a directive Recital 29 (29) To ensure successful enforcement, Member States should, where appropriate, make available effective investigative tools for environmental offences such as those which exist in their national law for combating organised crime or other serious crimes. These tools should include among others the interception of communications, covert surveillance including electronic surveillance, controlled deliveries, the monitoring of bank accounts and other financial investigation tools. These tools should be applied in line with the principle of proportionality and in full respect of the Charter of Fundamental Rights of the European Union. In accordance with national law, the nature and gravity of the offences under investigation should justify the use of these investigative tools. The right to the protection of personal data must be respected.
Amendment 159 #
Proposal for a directive Recital 30 (30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Following the applicable rules, Member States should also cooperate through EU agencies
Amendment 160 #
Proposal for a directive Recital 30 (30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Member States should assist each other thoroughly and without delay, in accordance with their national laws and the existing Union legal framework. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol,
Amendment 161 #
Proposal for a directive Recital 30 (30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies,
Amendment 162 #
Proposal for a directive Recital 30 a (new) (30a) With a view to closer cooperation between Member States on environmental crime, it is necessary to extend the mandate of the European Public Prosecutor's Office (EPPO) to cover 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 Union 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 a cross-border dimension by a decision of 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. In order to fulfil this new and broader task, EPPO needs adequate resources and funding targeted at environmental crime. The review of Directive (EU) 2017/1371 should propose the inclusion of environmental crimes to the criminal offences covered by that Directive and the review of Regulation (EU) 2017/1939 an extension of the EPPO’s mandate to cover serious environmental crimes.
Amendment 163 #
Proposal for a directive Recital 30 a (new) (30a) In some cases, however, these existing judicial cooperation schemes have proved to be inefficient at combating environmental crimes of cross-border nature in a timely manner. With its own powers and authority to conduct cross- border investigations and prosecutions, the European Prosecutor’s Office (EPPO) is uniquely equipped to combat serious environmental crimes affecting two or more Member States. The EPPO’s competences being currently limited to financial crimes, the Commission should draw up a report on the possibility and modalities of the extension of competences of the EPPO to include serious cross-border environmental crimes, and present it to the Council and the European Parliament.
Amendment 164 #
Proposal for a directive 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) (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) (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 167 #
Proposal for a directive Recital 31 a (new) (31a) Eurojust and Europol should be recognised as focal points to support Member States in the development of their national strategies, promoting coordination and exchanges of best practices across the relevant national authorities. Eurojust and Europol should also be used, whenever possible, to encourage and strengthen international cooperation with third countries.
Amendment 168 #
Proposal for a directive 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.
Amendment 169 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes minimum rules concerning the definition of environmental criminal
Amendment 170 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in order to protect the environment more effectively and to ensure its legal representation in criminal proceedings.
Amendment 171 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes minimum measures to combat environmental crime and minimum rules concerning the definition of criminal offences and sanctions in order to protect the environment more effectively.
Amendment 172 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes minimum rules concerning the definition of criminal offences against the environment and sanctions in order to pr
Amendment 173 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes minimum harmonised rules concerning the definition of criminal offences and sanctions in the field of environmental protection in order to protect the environment more effectively.
Amendment 174 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point a (a) Union legislation and principles, which irrespective of its legal basis contributes to
Amendment 175 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point a (a) Union legislation, which i
Amendment 176 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point b (b) a law, an administrative regulation of a Member State or a decision taken by a competent authority of a Member State that gives effect to the Union legislation referred to in point (a) in accordance with the principle of subsidiarity.
Amendment 177 #
Proposal for a directive 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) Amendment 179 #
Proposal for a directive Article 2 – paragraph 1 – point 3 3) ‘legal person’ means any legal entity having such status under the applicable national law
Amendment 180 #
Proposal for a directive Article 2 – paragraph 1 – point 3 3) ‘legal person’ means any legal entity having such status under the applicable national law,
Amendment 181 #
(3) ‘legal person’ means any legal entity having such status under the applicable national law
Amendment 182 #
Proposal for a directive 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
Amendment 183 #
Proposal for a directive 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,
Amendment 184 #
Proposal for a directive 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, including victims of such offences. For the purposes of this definition, it is presumed that persons having a sufficient interest or maintaining the impairment of a right as well as non-
Amendment 185 #
Proposal for a directive 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
Amendment 186 #
Proposal for a directive 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,
Amendment 187 #
Proposal for a directive 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 an 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 188 #
Proposal for a directive Article 2 – paragraph 1 – point 5 (5) ‘victim’
Amendment 189 #
Proposal for a directive Article 2 – paragraph 1 – point 5 a (new) Amendment 190 #
Proposal for a directive Article 2 – paragraph 1 – point 5 a (new) (5a) ‘offering for sale’, ‘sale’ and ‘trade’ have the meaning attributed to them in Article 2 (i), (p),and (u) of Council Regulation (EC) No 338/97. For the purposes of these definitions, they also cover the offering for sale, sale and trade occurring online, irrespective of the place of establishment or residence of the providers of the intermediary online services and of the traders;
Amendment 191 #
Proposal for a directive Article 2 – paragraph 1 – point 5 b (new) (5b) ‘placing on the market' has the meanings attributed to it in Article 3 (12) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council, in Article 3 (9) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council, in Article 3 (1) (j) of Regulation (EU) No 528/2012 of the European Parliament and of the Council, in Article 2 (b) of Regulation (EU) No 995/2010 of the European Parliament and of the Council, in Article 3 (20) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council, and in Article 2 (10) of Regulation (EU) No 517/2014 of the European Parliament and of the Council.
Amendment 192 #
Proposal for a directive Article 2 – paragraph 1 – point 5 b (new) (5b) ‘polluter pays principle’ means that polluters should bear the costs of their pollution or environmental damage, including the cost of measures taken to prevent, control and remedy pollution, as well as the costs the polluters impose on society;
Amendment 193 #
Proposal for a directive Article 2 – paragraph 1 – point 5 c (new) (5c) ‘wanton’ means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated;
Amendment 194 #
Proposal for a directive Article 2 – paragraph 1 – point 5 d (new) (5d) ‘ecocide’ means unlawful or wanton acts committed with the knowledge that there is a substantial likelihood that those acts cause a severe and either wide-spread or long-term damage to the environment.
Amendment 195 #
Proposal for a directive 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 Article 2 – paragraph 1 – point 5 f (new) (5f) '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 197 #
Proposal for a directive Article 2 – paragraph 1 – point 5 g (new) (5g) 'long-term' means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time;
Amendment 198 #
Proposal for a directive 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 if this is possible under their respective legal systems:
Amendment 199 #
Proposal for a directive 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 (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 Article 3 – paragraph 1 – point a (a) the discharge, emission or introduction of a quantity of materials or substances, energy, or ionising radiation into air, soil or water which causes or is likely to cause death or serious injury to any person or serious substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 202 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) the discharge, abandonment, 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 animals or plants;
Amendment 203 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) the traffic, 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 animals or plants;
Amendment 204 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) the discharge, emission or introduction of a quantity of materials, energy or substances or ionising radiation into air, soil or water which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 205 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) the discharge, emission or introduction of a quantity of materials, energy or substances or ionising radiation into air, soil or water which causes or is likely to cause death or serious injury to any person
Amendment 206 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) the discharge, emission or introduction of a quantity of materials
Amendment 207 #
Proposal for a directive 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
Amendment 208 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) the placing on the market of a product which, in breach of a prohibition or another requirement that is provided for by law and mandatory in nature, 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;
Amendment 209 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) the placing on the market, including online 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;
Amendment 210 #
Proposal for a directive 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 s
Amendment 211 #
Proposal for a directive 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 s
Amendment 212 #
Proposal for a directive Article 3 – paragraph 1 – point b a (new) (ba) the illegal causing of significant and measurable impairment or deterioration: of water or air, or of extensive areas of soil or subsoil; of an ecosystem, of biodiversity, including agricultural biodiversity, of flora or fauna;
Amendment 213 #
Proposal for a directive Article 3 – paragraph 1 – point b b (new) (bb) the illegal causing of an irreversible alteration in the balance of an ecosystem, where the elimination of that alteration would be particularly costly and achievable only using exceptional measures; an offence against public safety by reason of the scale of the action in terms of the extent of the impairment or its damaging effects or the number of persons injured or exposed to danger, taking into account the time element;
Amendment 214 #
Proposal for a directive Article 3 – paragraph 1 – point c – introductory part (c) the manufacture, placing on the
Amendment 215 #
Proposal for a directive Article 3 – paragraph 1 – point c – introductory part (c) the manufacture, placing on the market, including online market, or use of substances, whether on their own, in mixtures or in articles, including their incorporation into articles, when:
Amendment 216 #
Proposal for a directive 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 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 218 #
Proposal for a directive Article 3 – paragraph 1 – point c – paragraph 1 and it causes or is likely to cause death or serious injury to any person or s
Amendment 219 #
Proposal for a directive 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 Article 3 – paragraph 1 – point c b (new) Amendment 221 #
Proposal for a directive 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 Article 3 – paragraph 1 – point d (d) the execution of projects referred to in Article 1(2)(a) of Directive 2011/92/EU of the European Parliament and of the
Amendment 223 #
Proposal for a directive 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) (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 Article 3 – paragraph 1 – point e – introductory part (e) the collection, transport, recovery or disposal of waste, the supervision of such operations and the after-care of
Amendment 226 #
Proposal for a directive 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 227 #
Proposal for a directive Article 3 – paragraph 1 – point e – introductory part (e) the collection, transport, recovery, treatment 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 228 #
Proposal for a directive 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 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
Amendment 230 #
Proposal for a directive 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
Amendment 231 #
Proposal for a directive 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
Amendment 232 #
Proposal for a directive 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 s
Amendment 233 #
Proposal for a directive Article 3 – paragraph 1 – point e a (new) (ea) the failure to clean up, restore or recover the site where there is a legal obligation to do so or an order by a judicial authority requiring such action;
Amendment 234 #
Proposal for a directive Article 3 – paragraph 1 – point f Amendment 235 #
Proposal for a directive Article 3 – paragraph 1 – point g Amendment 236 #
Proposal for a directive Article 3 – paragraph 1 – point h (h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship-source discharges do not satisfy the exceptions set in Article 5 of that Directive; this provision shall not apply to individual cases, where the ship- source discharge does not cause deterioration in the quality of water, unless repeated cases by the same offender in conjunction result in deterioration in the quality of water; all such penalties shall be applied only in a manner consistent with Article 230 of the 1982 United Nations Convention on the Law of the Sea; _________________ 42 Directive 2005/35/EC of the European
Amendment 237 #
Proposal for a directive 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;
Amendment 238 #
Proposal for a directive Article 3 – paragraph 1 – point h (h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship-source discharges do not satisfy the exceptions set in Article 5 of that Directive; this provision shall not apply to individual cases, where the ship- source discharge does not cause deterioration in the quality of water, or other measurable damage to the environment, unless repeated cases by the same offender in conjunction result in deterioration in the quality of water or other measurable damage to the environment; _________________ 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 239 #
(h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship-source discharges do not satisfy the exceptions set in Article 5 of that Directive; this provision shall not apply to individual cases, where the ship- source discharge does not cause deterioration in the quality of
Amendment 240 #
Proposal for a directive Article 3 – paragraph 1 – point i Amendment 241 #
Proposal for a directive Article 3 – paragraph 1 – point i (i) the installation, operation or
Amendment 242 #
Proposal for a directive 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 s
Amendment 243 #
Proposal for a directive Article 3 – paragraph 1 – point j Amendment 244 #
Proposal for a directive 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
Amendment 245 #
Proposal for a directive 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
Amendment 246 #
Proposal for a directive 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 s
Amendment 247 #
Proposal for a directive 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 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 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 248 #
Proposal for a directive Article 3 – paragraph 1 – point k a (new) Amendment 249 #
Proposal for a directive Article 3 – paragraph 1 – point l Amendment 250 #
Proposal for a directive 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 (when species in Annex V are subject to the same measures as those adopted for species 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 in accordance with the applicable law; _________________ 49 Council Directive 92/43/EEC of 21 May
Amendment 251 #
Proposal for a directive 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 (when species in Annex V are subject to the same measures as those adopted for species 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
Amendment 252 #
Proposal for a directive 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
Amendment 253 #
Proposal for a directive Article 3 – paragraph 1 – point l (l) the killing, destruction, taking of, possession, sale or offering for sale, including online, of a specimen or specimens of wild fauna or flora species listed in Annexes IV and V
Amendment 254 #
Proposal for a directive Article 3 – paragraph 1 – point m Amendment 255 #
Proposal for a directive Article 3 – paragraph 1 – point m (m) trading, including online, in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A and B to Council Regulation (EC) No 338/9751
Amendment 256 #
Proposal for a directive 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
Amendment 257 #
Proposal for a directive 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
Amendment 258 #
Proposal for a directive 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
Amendment 259 #
Proposal for a directive Article 3 – paragraph 1 – point n (n) illegal harvesting of timber and/or the placing or making available on the Union market, including online, 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
Amendment 260 #
Proposal for a directive 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
Amendment 261 #
Proposal for a directive Article 3 – paragraph 1 – point o (o) any conduct which causes the deterioration of a habitat within a protected site
Amendment 262 #
Proposal for a directive 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
Amendment 263 #
Proposal for a directive 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
Amendment 264 #
Proposal for a directive 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 s
Amendment 265 #
Proposal for a directive Article 3 – paragraph 1 – point q Amendment 266 #
Proposal for a directive Article 3 – paragraph 1 – point q (q) production, placing on the market, import, export, use, emission or release of ozone depleting substances as defined in Article 3 (4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council54 or of products and equipment containing or relying on such substances, which cause substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________
Amendment 267 #
Proposal for a directive Article 3 – paragraph 1 – point q (q) production, placing on the market, including online, import, export, use, emission or release of ozone depleting substances as defined in Article 3 (4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council54 or of products and equipment containing or relying on such substances; _________________ 54 Regulation (EC) No 1005/2009 of the
Amendment 268 #
Proposal for a directive Article 3 – paragraph 1 – point r Amendment 269 #
Proposal for a directive Article 3 – paragraph 1 – point r (r) production, placing on the market, import, export, use, emission or release of fluorinated greenhouse gases as defined in Article 2 (1) of Regulation 517/2014 of the European Parliament and of the Council55 or of products and equipment containing or relying on such gases, which cause substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants. _________________ 55 Regulation (EU) No 517/2014 of the
Amendment 270 #
Proposal for a directive Article 3 – paragraph 1 – point r a (new) (ra) a serious infringement within the meaning of Article 90(1) of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, and Article 42 of Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing.
Amendment 271 #
Proposal for a directive Article 3 – paragraph 1 – point r a (new) (ra) initiation of a forest fire, when this initiation is caused either by a deliberate or reckless conduct, or by serious negligence.
Amendment 272 #
Proposal for a directive Article 3 – paragraph 1 – point r a (new) Amendment 273 #
Proposal for a directive 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 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 #
(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 – 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) Amendment 278 #
Proposal for a directive Article 3 – paragraph 1 – point r d (new) (rd) the violation of standards as set in the Corporate Sustainability Due Diligence Directive (2022/0051(COD));
Amendment 279 #
Proposal for a directive 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 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 281 #
Proposal for a directive Article 3 – paragraph 2 Amendment 282 #
Proposal for a directive 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) also constitutes a criminal offence, when committed with at least serious negligence. with regard to the offences referred to in Article 3(1)(a) in the context of shipping, and (h), this article shall apply only in a manner consistent with Article 230 of the 1982 United Nations Convention on the Law of the Sea and with the obligations of Member States under the International Convention for the Prevention of Pollution from Ships (MARPOL).
Amendment 283 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall ensure that the conduct referred to in paragraph 1
Amendment 284 #
Proposal for a directive 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 285 #
Proposal for a directive 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) also constitutes a criminal offence, when committed with at least
Amendment 286 #
Proposal for a directive 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 or severe for the purposes of the investigation, prosecution and adjudication of at least the offences referred to in paragraph 1, points (a) to (e), (i), (j), (k) and (p):
Amendment 287 #
Proposal for a directive Article 3 – paragraph 3 – introductory part 3. Member States shall ensure that their national legislation specifies that at least one of 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
Amendment 288 #
Proposal for a directive 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
Amendment 289 #
Proposal for a directive 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 3 – point d (d) spread of the damage, including its potential cross-border nature;
Amendment 291 #
Proposal for a directive Article 3 – paragraph 3 – point e a (new) (ea) the monetary value of the environmental damage caused by the offence, notwithstanding damages that are not quantifiable in monetary value
Amendment 292 #
Proposal for a directive 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) (ea) the duration of the infringement or non-compliance;
Amendment 294 #
Proposal for a directive Article 3 – paragraph 3 – point e a (new) (ea) non negligible quantity, negligible quantity/impact,
Amendment 295 #
Proposal for a directive Article 3 – paragraph 3 – point e b (new) (eb) the full financial cost of the environmental damage, including societal costs;
Amendment 296 #
Proposal for a directive Article 3 – paragraph 3 – point e b (new) (eb) dangerous activity1a; _________________ 1a Justification: dangerous activity is different to severity as a damage can be severe without having been produced by a dangerous activity. Where an activity is dangerous it has been committed wilfully and with criminal intent.
Amendment 297 #
Proposal for a directive Article 3 – paragraph 3 – point e c (new) (ec) the conservation status of the species, population or habitats affected;
Amendment 298 #
Proposal for a directive Article 3 – paragraph 3 – point e c (new) Amendment 299 #
Proposal for a directive Article 3 – paragraph 3 – point e d (new) (ed) whether the offence was committed in the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA, or is linked to murder, corruption, money laundering, fraud, document counterfeit, extortion, coercion and other forms of intimidation.
Amendment 300 #
Proposal for a directive 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,
Amendment 301 #
Proposal for a directive Article 3 – paragraph 4 – point a (a) the conduct relates to an activity which is considered as risky or dangerous, requires an authorisation which was not obtained, updated or complied with
Amendment 302 #
Proposal for a directive 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 4 – point c a (new) (ca) whether the damage to the quality or quantity of water would lead to a deterioration of the Status of the Water Body as defined in the last River Basin Management Plan, in accordance with the statements of Annex V of the Directive 2000/60/EC and would compromise the achievement of good status/potential by 2027 in any of the water bodies in the same river basin district.
Amendment 304 #
Proposal for a directive 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 305 #
Proposal for a directive Article 3 – paragraph 5 – introductory part 5. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account when assessing whether the quantity is negligible or non-negligible for the purposes of the investigation,
Amendment 306 #
Proposal for a directive 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 307 #
Proposal for a directive Article 3 – paragraph 5 – point b a (new) (ba) whether the offender has committed prior infringements;
Amendment 308 #
Proposal for a directive Article 3 – paragraph 5 – point d (d) the cost of restoration of
Amendment 309 #
Proposal for a directive Article 3 – paragraph 5 – point d a (new) (da) the scale of the financial benefits gained by committing the offense;
Amendment 310 #
Proposal for a directive Article 3 – paragraph 5 – point d a (new) (da) the polluter pays principle.
Amendment 311 #
Proposal for a directive 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) 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) Amendment 314 #
Proposal for a directive 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 Article 3(1) are punishable as
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)
Amendment 316 #
Proposal for a directive Article 4 – paragraph 2 2. Member States shall take the necessary measures to ensure that an attempt to commit any of the criminal offences referred to in Article 3 (1) points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (l), (m), (n), (o), (p) (ii), (q), (r) when committed intentionally is punishable as a criminal offence.
Amendment 317 #
Proposal for a directive Article 4 – paragraph 2 2. Member States shall take the necessary measures to ensure that an attempt to commit any of the criminal
Amendment 318 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary and appropriate measures to ensure that the offences referred to in Articles 3 and 4 are punishable by effective, proportionate and dissuasive criminal penalties.
Amendment 319 #
Proposal for a directive Article 5 – paragraph 1 1. Member States
Amendment 320 #
Proposal for a directive 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 5 – paragraph 2 2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least ten years if they cause or are likely to cause death or serious injury to any person, and with a maximum penalty of at least six years in other cases.
Amendment 322 #
2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least ten years if they cause or are likely to cause death or serious injury to any person
Amendment 323 #
Proposal for a directive Article 5 – paragraph 2 2. Member States
Amendment 324 #
Proposal for a directive Article 5 – paragraph 3 Amendment 325 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by a maximum term of imprisonment of at least six years. with regard to the offences referred to in Article 3(1)(a) in the context of shipping, and (h), this article shall apply only in a manner consistent with international law and, in particular, with Article 230 of the 1982 United Nations Convention on the Law of the Sea.
Amendment 326 #
Proposal for a directive Article 5 – paragraph 3 3. Member States
Amendment 327 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by a maximum term of imprisonment of at least
Amendment 328 #
Proposal for a directive Article 5 – paragraph 3 Amendment 329 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3
Amendment 330 #
Proposal for a directive Article 5 – paragraph 4 Amendment 331 #
Proposal for a directive Article 5 – paragraph 4 4. Member States
Amendment 332 #
Proposal for a directive Article 5 – paragraph 4 4. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by a maximum term of imprisonment of at least
Amendment 333 #
Proposal for a directive Article 5 – paragraph 4 4. Member States shall take the measures necessary
Amendment 334 #
Proposal for a directive Article 5 – paragraph 4 a (new) Amendment 335 #
Proposal for a directive 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 and 4 may be subject to additional sanctions or measures which shall include
Amendment 336 #
Proposal for a directive Article 5 – paragraph 5 – introductory part 5. Member States
Amendment 337 #
5. Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3 and 4 may be subject to additional sanctions or measures which
Amendment 338 #
Proposal for a directive Article 5 – paragraph 5 – point a Amendment 339 #
Proposal for a directive Article 5 – paragraph 5 – point a (a) obligation to reinstate the environment within a given time period, or to compensate for the damage caused, if the perpetrator is not in capacity to conduct such a reinstatement;
Amendment 340 #
Proposal for a directive 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 342 #
Proposal for a directive Article 5 – paragraph 5 – point b (b) fines, proportionate to the financial benefits derived from the damage caused by the perpetrators, and all the proceeds of which shall be used by Member States to combat environmental crime and protect the environment;
Amendment 343 #
Proposal for a directive 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 344 #
Proposal for a directive Article 5 – paragraph 5 – point b (b) fines in an amount sufficient to fulfil their punitive and deterrent nature;
Amendment 345 #
Proposal for a directive Article 5 – paragraph 5 – point c Amendment 346 #
Proposal for a directive Article 5 – paragraph 5 – point c Amendment 347 #
Proposal for a directive Article 5 – paragraph 5 – point c (c) temporary or permanent exclusions from access to public funding, including tender procedures, grants
Amendment 348 #
Proposal for a directive 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 5 – paragraph 5 – point c (c)
Amendment 350 #
Proposal for a directive Article 5 – paragraph 5 – point d Amendment 351 #
Proposal for a directive 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 5 – paragraph 5 – point d (d) disqualification from functions or from directing establishments of the type used for committing the offence;
Amendment 353 #
Proposal for a directive Article 5 – paragraph 5 – point e Amendment 354 #
Proposal for a directive 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 355 #
Proposal for a directive Article 5 – paragraph 5 – point e a (new) (ea) lifelong prohibition on working with and owning animals;
Amendment 356 #
Proposal for a directive Article 5 – paragraph 5 – point f Amendment 357 #
Proposal for a directive Article 5 – paragraph 5 – point g Amendment 358 #
Proposal for a directive Article 5 – paragraph 5 – point g (g) national or Union-wide publication of the judicial decision relating to the conviction or any sanctions or measures applied
Amendment 359 #
Proposal for a directive 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 360 #
Proposal for a directive 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
Amendment 361 #
Proposal for a directive 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
Amendment 362 #
Proposal for a directive Article 6 – paragraph 1 – point a Amendment 363 #
Proposal for a directive Article 6 – paragraph 1 – point a Amendment 364 #
Proposal for a directive Article 6 – paragraph 1 – point a (a) a power of representation of the legal person
Amendment 365 #
Proposal for a directive Article 6 – paragraph 1 – point b Amendment 366 #
Proposal for a directive Article 6 – paragraph 1 – point b Amendment 367 #
Proposal for a directive Article 6 – paragraph 1 – point b (b) an authority to take decisions on behalf of the legal person
Amendment 368 #
Proposal for a directive Article 6 – paragraph 1 – point c Amendment 369 #
Proposal for a directive Article 6 – paragraph 1 – point c Amendment 370 #
Proposal for a directive 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 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 372 #
Proposal for a directive Article 6 – paragraph 3 3. Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons
Amendment 373 #
Proposal for a directive Article 6 – paragraph 3 3. Liability of legal persons under paragraphs 1
Amendment 374 #
Proposal for a directive Article 6 – paragraph 3 a (new) 3 a. Member States shall ensure that the responsible corporate officer is always the Chief executive officer or other Senior management officials, whether or not sharing the responsibility with the elected board.
Amendment 375 #
Proposal for a directive 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 376 #
Proposal for a directive Article 6 – paragraph 3 b (new) 3 b. Member States shall prohibit the trading of corporate liability for individual liability.
Amendment 377 #
Proposal for a directive 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 378 #
Proposal for a directive Article 7 – paragraph 1 1. Member States
Amendment 379 #
Proposal for a directive Article 7 – paragraph 2 – point a Amendment 380 #
Proposal for a directive 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 381 #
Proposal for a directive Article 7 – paragraph 2 – point a (a) criminal or non-criminal fines, the proceeds of which should all be used by Member States to combat environmental crime and to protect the environment;
Amendment 382 #
Proposal for a directive Article 7 – paragraph 2 – point a (a) criminal or non-criminal fines that are dissuasive, taking into account the potential financial benefits for a legal person to commit the offense;
Amendment 383 #
Proposal for a directive Article 7 – paragraph 2 – point a (a) criminal or non-criminal fines in an amount sufficient to fulfil their punitive and deterrent nature;
Amendment 384 #
Proposal for a directive Article 7 – paragraph 2 – point b Amendment 385 #
Proposal for a directive Article 7 – paragraph 2 – point b (b) the obligation to reinstate the environment within a given period or to compensate for the damage caused, if the perpetrator is not in capacity to conduct such a reinstatement;
Amendment 386 #
Proposal for a directive Article 7 – paragraph 2 – point b (b) the obligation to reinstate the environment within a given period and to compensate for the damage caused;
Amendment 387 #
Proposal for a directive Article 7 – paragraph 2 – point c Amendment 388 #
Proposal for a directive Article 7 – paragraph 2 – point c (c) exclusion from entitlement to public benefits or aid, including in other Member States;
Amendment 389 #
Proposal for a directive Article 7 – paragraph 2 – point d Amendment 390 #
Proposal for a directive Article 7 – paragraph 2 – point d (d) temporary exclusion from access to
Amendment 391 #
Proposal for a directive Article 7 – paragraph 2 – point d (d)
Amendment 392 #
Proposal for a directive Article 7 – paragraph 2 – point e Amendment 393 #
Proposal for a directive Article 7 – paragraph 2 – point f Amendment 394 #
Proposal for a directive Article 7 – paragraph 2 – point g Amendment 395 #
Proposal for a directive Article 7 – paragraph 2 – point h Amendment 396 #
Proposal for a directive Article 7 – paragraph 2 – point i Amendment 397 #
Proposal for a directive Article 7 – paragraph 2 – point j Amendment 398 #
Proposal for a directive Article 7 – paragraph 2 – point j (j) obligation, subject to a periodic penalty payment, of companies to install due diligence schemes for enhancing compliance with environmental standards;
Amendment 399 #
Proposal for a directive 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 400 #
Proposal for a directive Article 7 – paragraph 2 – point k Amendment 401 #
Proposal for a directive Article 7 – paragraph 2 – point k (k)
Amendment 402 #
Proposal for a directive Article 7 – paragraph 2 – point k a (new) (k a) removal from the European Transparency Register.
Amendment 403 #
Proposal for a directive Article 7 – paragraph 3 3. Member States
Amendment 404 #
Proposal for a directive Article 7 – paragraph 4 4. Member States shall take the necessary measures to ensure that offences referred to in Article 3
Amendment 405 #
Proposal for a directive 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 average total worldwide turnover of the legal person [/undertaking] in the three business years preceding the fining decision.
Amendment 406 #
Proposal for a directive Article 7 – paragraph 4 4. Member States
Amendment 407 #
Proposal for a directive Article 7 – paragraph 4 4. Member States shall take the
Amendment 408 #
Proposal for a directive Article 7 – paragraph 4 4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1)
Amendment 409 #
Proposal for a directive Article 7 – paragraph 4 4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1)
Amendment 410 #
Proposal for a directive Article 7 – paragraph 5 Amendment 411 #
Proposal for a directive Article 7 – paragraph 5 Amendment 412 #
Proposal for a directive Article 7 – paragraph 5 Amendment 413 #
Proposal for a directive Article 7 – paragraph 5 5. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by fines, the maximum limit of which shall be not less than
Amendment 414 #
Proposal for a directive Article 7 – paragraph 5 5. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by proportionate fines, the maximum limit of which shall
Amendment 415 #
Proposal for a directive Article 7 – paragraph 5 5. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (k), (l), (m), (o), (p), (q), (r) are punishable by fines, the maximum limit of which shall be not less than 3% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 416 #
Proposal for a directive Article 7 – paragraph 5 5. Member States
Amendment 417 #
Proposal for a directive Article 7 – paragraph 5 a (new) 5a. Where their national law does not allow the level of fines to be determined using a percentage of the total worldwide turnover of the legal person in similar cases, Member States may, as regards the criminal or non-criminal fines referred to in Article 7(4) and (5), use other methods to set a maximum limit and the level of a fine, provided that the result is proportionate to the severity of the conduct and to the individual, financial and other situation of the legal person concerned.
Amendment 418 #
Proposal for a directive 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 419 #
Proposal for a directive Article 7 – paragraph 6 6. Member States
Amendment 420 #
Proposal for a directive 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
Amendment 421 #
Proposal for a directive Article 8 – paragraph 1 – point a (a) the offence caused
Amendment 422 #
Proposal for a directive Article 8 – paragraph 1 – point b (b) the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem, or to protected species referred to in Article 3(1) points (l) and (m);
Amendment 423 #
Proposal for a directive Article 8 – paragraph 1 – point c (c) the offence was committed in the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA56
Amendment 424 #
Proposal for a directive Article 8 – paragraph 1 – point c a (new) (ca) the offence was committed in the framework of a criminal (even mafia- style) association seeking to take over the management or control of economic activities, concessions, licences, tenders or public services;
Amendment 425 #
Proposal for a directive 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 8 – paragraph 1 – point f Amendment 427 #
Proposal for a directive Article 8 – paragraph 1 – point f (f) the offender
Amendment 428 #
Proposal for a directive Article 8 – paragraph 1 – point g (g) the offence generated or was expected to generate substantial financial or material benefits, or avoided substantial expenses, directly or indirectly;
Amendment 429 #
Proposal for a directive 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 430 #
Proposal for a directive Article 8 – paragraph 1 – point j (j) the offender actively and intentionally obstructs inspection, custom controls or investigation activities, or intimidates or interferes with witnesses or complainants.
Amendment 431 #
Proposal for a directive Article 8 – paragraph 1 – point j (j) the offender actively obstructs the inspection, custom controls or investigation activities, or intimidates or interferes with witnesses or complainants.
Amendment 432 #
Proposal for a directive Article 8 – paragraph 1 – point j a (new) (j a) the offence was committed within the remit of a protected site, such as a Natura 2000 area;
Amendment 433 #
Proposal for a directive Article 8 – paragraph 1 – point j b (new) (j b) the offender committed the offence while already benefiting from a derogation lawfully delivered by a competent authority;
Amendment 434 #
Proposal for a directive Article 8 – paragraph 1 – point j c (new) (j c) the offence caused the extensive and avoidable suffering of animals.
Amendment 435 #
Proposal for a directive Article 9 – paragraph 1 – introductory part Member States
Amendment 436 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) the offender
Amendment 437 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) the offender restores
Amendment 438 #
Proposal for a directive 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 9 – paragraph 1 – point b – introductory part (b) the offender provides the relevant administrative or judicial authorities with
Amendment 440 #
Proposal for a directive Article 9 – paragraph 1 – point b – point ii (ii) find evidence of the infringement in question.
Amendment 441 #
Proposal for a directive Article 9 – paragraph 1 – point b a (new) (ba) the offender was unaware of the damage caused, or the damage was not caused on purpose.
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 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.
Amendment 444 #
Proposal for a directive Article 10 – paragraph 1 Member States
Amendment 445 #
Proposal for a directive Article 10 – paragraph 1 a (new) Member States shall take the necessary measures to ensure frozen and confiscated assets are appropriately managed, according to their nature, and, where possible, used to fund reparations.For example, where appropriate, Member States shall consider: (a) using confiscated assets to repair damages caused, compensate victims, or finance measures aimed at preventing and combating similar crimes; (b) using confiscated financial assets to cover costs associated with the appropriate management housing and care of confiscated live animals; (c) destroying confiscated wildlife products or offering them to appropriate public entities for genuine educational and conservation purposes.
Amendment 446 #
Proposal for a directive 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
Amendment 447 #
Proposal for a directive 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
Amendment 448 #
Proposal for a directive 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
Amendment 449 #
Proposal for a directive 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) Amendment 451 #
Proposal for a directive Article 11 – paragraph 2 – introductory part 2. Member State
Amendment 452 #
Proposal for a directive Article 11 – paragraph 2 – point a Amendment 453 #
Proposal for a directive 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, when offences are punishable in full respect of the principle of nulla poena sine lege;
Amendment 454 #
Proposal for a directive 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,
Amendment 455 #
(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
Amendment 456 #
Proposal for a directive 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
Amendment 457 #
Proposal for a directive 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
Amendment 458 #
Proposal for a directive Article 11 – paragraph 2 – point b Amendment 459 #
Proposal for a directive 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, when offences are punishable in full respect of the principle of nulla poena sine lege;
Amendment 460 #
Proposal for a directive 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, with a limitation for a period of at least twelve six years from the time when the offence was committed or discovered, when offences are punishable;
Amendment 461 #
Proposal for a directive 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
Amendment 462 #
Proposal for a directive Article 11 – paragraph 2 – point b (b) of offences referred to in Articles 3
Amendment 463 #
Proposal for a directive 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
Amendment 464 #
Proposal for a directive Article 11 – paragraph 2 – point c Amendment 465 #
Proposal for a directive Article 11 – paragraph 2 – point c Amendment 466 #
Proposal for a directive 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, when offences are punishable in full respect of the principle of nulla poena sine lege.
Amendment 467 #
Proposal for a directive 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, with a limitation for a period of at least
Amendment 468 #
Proposal for a directive 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
Amendment 469 #
Proposal for a directive 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
Amendment 470 #
Proposal for a directive 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
Amendment 471 #
Proposal for a directive Article 11 – paragraph 3 Amendment 472 #
Proposal for a directive Article 11 – paragraph 3 Amendment 473 #
Proposal for a directive Article 11 – paragraph 3 3. By way of derogation from paragraph 2, Member States may establish a limitation period that is shorter than ten years,
Amendment 474 #
Proposal for a directive Article 11 – paragraph 3 3. By way of derogation from paragraph 2, Member States may establish a limitation period that is shorter than ten years, but not shorter than
Amendment 475 #
Proposal for a directive Article 11 – paragraph 4 Amendment 476 #
Proposal for a directive Article 11 – paragraph 4 – point b (b) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least six years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4
Amendment 477 #
Proposal for a directive Article 11 – paragraph 4 – point c Amendment 478 #
Proposal for a directive Article 12 – paragraph 1 – introductory part 1. Each Member State
Amendment 479 #
Proposal for a directive Article 12 – paragraph 1 – point d (d) the offender is one of its nationals or habitual residents
Amendment 480 #
Proposal for a directive Article 12 – paragraph 1 – point d (d) the offender is one of its nationals or habitual residents or has his normal place of establishment there.
Amendment 481 #
Proposal for a directive 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 482 #
Proposal for a directive Article 12 – paragraph 1 – point d a (new) (d a) the offence is committed for a legal person established on its territory.
Amendment 483 #
Proposal for a directive 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) (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) 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 487 #
Proposal for a directive Article 12 – paragraph 2 Amendment 488 #
Proposal for a directive Article 12 – paragraph 2 – introductory part 2.
Amendment 489 #
Proposal for a directive Article 12 – paragraph 2 – introductory part 2. A Member State
Amendment 490 #
Proposal for a directive Article 12 – paragraph 2 – point a Amendment 491 #
Proposal for a directive Article 12 – paragraph 2 – point a Amendment 492 #
Amendment 493 #
Proposal for a directive Article 12 – paragraph 2 – point c Amendment 494 #
Proposal for a directive Article 12 – paragraph 2 – point c (c) the offence has created a severe risk for the environment, including native wildlife populations and their habitats, on its territory.
Amendment 495 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 1 Amendment 496 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 1 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/JHA59 , be referred to Eurojust as well as Europol. _________________ 59 Council Framework Decision
Amendment 497 #
Proposal for a directive 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 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 3. In cases referred to in paragraph 1,
Amendment 500 #
Proposal for a directive 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 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 1. Member States shall take the necessary measures to ensure that protection is granted to any natural person under Directive (EU) 2019/1937,
Amendment 503 #
Proposal for a directive 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 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 505 #
Proposal for a directive 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
Amendment 506 #
Proposal for a directive 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) 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 508 #
Proposal for a directive Article 14 Amendment 509 #
Proposal for a directive Article 14 – title Rights
Amendment 510 #
Proposal for a directive 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 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 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 and 4, for instance as a civil party
Amendment 513 #
Proposal for a directive Article 14 – paragraph 1 Member States shall ensure that, in accordance with their national legal systems, members of the public concerned have appropriate rights to participate in proceedings concerning offences referred to in Articles 3 and 4, for instance as a civil party, in accordance with the applicable national law.
Amendment 514 #
Proposal for a directive 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 and 4
Amendment 515 #
Proposal for a directive 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 and 4
Amendment 516 #
Proposal for a directive 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 517 #
Proposal for a directive Article 14 – paragraph 1 a (new) Member States shall ensure public access to the information on the referrals of environmental crime to the authorities and the number of open judicial proceedings concerning such crime, including those resulting from the referrals.
Amendment 518 #
Proposal for a directive 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) 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 520 #
Proposal for a directive Article 14 a (new) Article 14 a Burden of proof Member States shall ensure that their national legislation specifies that if the crime is connected on the basis of scientific studies and analysis to specific diseases causing health damage or death, the burden of proving the lack of etiological link is on the perpetrator;
Amendment 521 #
Proposal for a directive 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,
Amendment 522 #
Proposal for a directive Article 15 – paragraph 1 In addition to strengthening their investigation and prosecution arsenal and implementing dissuasive sanctions, Member States shall take appropriate action, such as information and awareness- raising campaigns 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 stakeholders.
Amendment 523 #
Proposal for a directive Article 15 – paragraph 1 Member States
Amendment 524 #
Proposal for a directive Article 16 – paragraph 1 1. Member States shall ensure that national authorities which detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff, including prosecutors and police authorities, and sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. In particular, Member States shall strengthen their enforcement and judicial chains in the remit of environmental crimes by establishing or, where relevant, strengthening specialised law enforcement units, as well as specialised coordination bodies, memoranda of understanding between competent authorities, national enforcement networks and joint training activities.
Amendment 525 #
Proposal for a directive Article 16 – paragraph 1 Member States shall ensure that national authorities which detect, investigate, prosecute or adjudicate
Amendment 526 #
Proposal for a directive Article 16 – paragraph 1 a (new) When environmental offences are suspected to be of a cross-border nature, national authorities shall swiftly refer the information related to these cases to appropriate bodies, such as the Commission, Eurojust, Europol, the OLAF, and, in the event of an extension of its competences to environmental crimes, the EPPO.
Amendment 527 #
Proposal for a directive Article 16 – paragraph 1 a (new) Member States shall ensure that staff along the enforcement and judicial chain, including prosecutors and police authorities, have expertise in environmental crime.
Amendment 528 #
Proposal for a directive Article 17 Amendment 529 #
Proposal for a directive Article 17 – paragraph 1 Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall request those responsible for the training of judges, prosecutors, police, judicial staff and competent authorities’ staff involved in criminal proceedings and investigations to provide at regular intervals specialised training with respect to the objectives of this Directive and appropriate to the functions of the involved staff and authorities.
Amendment 530 #
Proposal for a directive 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 and 4. Member States shall take the necessary measures to set up a unit specialising in environmental crimes within their national Europol and Eurojust offices.
Amendment 531 #
Proposal for a directive 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 532 #
Proposal for a directive Article 18 – paragraph 1 Member States shall take the necessary and appropriate 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 and 4.
Amendment 533 #
Proposal for a directive 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 19 Coordination and cooperation between competent authorities within a Member State and across Member States
Amendment 535 #
Proposal for a directive Article 19 – title Coordination and cooperation between competent authorities within and between Member States
Amendment 536 #
Proposal for a directive Article 19 – paragraph 1 – introductory part Member States shall take the necessary measures to establish appropriate mechanisms for coordination and cooperation at strategic and operational levels among all their competent authorities involved in the prevention of and the fight against environmental criminal offences. Such mechanisms may take the form of units and bodies referred to in Article 16 (1) of this Directive and shall be aimed at least at:
Amendment 537 #
Proposal for a directive 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 19 – paragraph 1 – point d a (new) (d a) the exchange of information on offenders to prevent that persons who committed environmental offences can resume criminal activities, including in other Member States;
Amendment 539 #
Proposal for a directive 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 19 a (new) Article 19 a Investigation of environmental crime at EU level The Commission shall, within 12 months from the entry into force of this Directive and pursuant to Article 86(4) TFEU, draw up a report on the possibility and modalities of the extension of competences of the EPPO to include serious cross-border environmental crimes, and present it to the Council and the European Parliament.
Amendment 541 #
Proposal for a directive Article 20 Amendment 542 #
Proposal for a directive 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 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 544 #
Proposal for a directive Article 20 – paragraph 1 – point e (e)
Amendment 545 #
Proposal for a directive Article 20 – paragraph 1 – point f (f) the procedures and mechanisms for regular monitoring
Amendment 546 #
Proposal for a directive Article 20 – paragraph 1 – point f (f) the procedures and mechanisms for regular monitoring
Amendment 547 #
Proposal for a directive 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 548 #
Proposal for a directive Article 20 – paragraph 2 2. Member States shall ensure that the strategy is reviewed and updated at regular intervals no longer than 5 years, on a risk- and-impact-analysis-based-approach, in order to take account of relevant developments and trends and related threats regarding environmental crime.
Amendment 549 #
Proposal for a directive Article 20 – paragraph 2 2. Member States shall ensure that the strategy is reviewed and updated at regular intervals no longer than
Amendment 550 #
Proposal for a directive Article 21 – paragraph 1 1. Member States
Amendment 551 #
Proposal for a directive Article 21 – paragraph 2 – introductory part 2. The statistical data referred to in paragraph 1
Amendment 552 #
Proposal for a directive Article 21 – paragraph 2 – point a a (new) (aa) the nationality of the offender, specifically if the offender is not a national of the country in which the offence was committed;
Amendment 553 #
Proposal for a directive 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 (c) the
Amendment 555 #
Proposal for a directive 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 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 (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) (g a) the number of court cases ended due to the expiration of the limitation period;
Amendment 559 #
Proposal for a directive 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 3. Member States shall
Amendment 561 #
Proposal for a directive Article 21 – paragraph 3 3. Member States shall ensure that a consolidated review of their statistics is
Amendment 562 #
Proposal for a directive Article 21 – paragraph 4 Amendment 563 #
Proposal for a directive 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 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 t
Amendment 565 #
Proposal for a directive Article 22 Amendment 567 #
Amendment 568 #
Proposal for a directive Article 22 – paragraph 2 a (new) 2 a. The Commission shall develop sentencing guidelines in order to assist the Member States in the preparation of harmonised sanctions that are effective, dissuasive and proportionate to the offence committed.
Amendment 569 #
Proposal for a directive Article 22 – paragraph 2 a (new) 2 a. The Commission shall develop guidelines in order to assist the Member States in the preparation of harmonised, effective, dissuasive and proportionate sanctions.
Amendment 570 #
Proposal for a directive Article 23 Amendment 571 #
Proposal for a directive Article 24 – paragraph 1 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [OP – please insert the date – within
Amendment 572 #
Proposal for a directive Article 25 – paragraph 1 1. The Commission shall by [OP – please insert the date - two years after the transposition period is over], 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. Member States shall provide the Commission with the necessary information for the preparation of that report, including the statistical data referred to in Article 21, and the qualitative and quantitative data relative to the indicators of performance referred to in point 1.4.4 of the Legislative Financial Statement, and any other information that may be deemed relevant..
Amendment 573 #
Proposal for a directive Article 25 – paragraph 1 1. The Commission shall by [OP – please insert the date - two years after the transposition period is over], 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, and providing recommendations to Member States. Member States shall provide the
Amendment 574 #
Proposal for a directive Article 25 – paragraph 1 1. The Commission shall by [OP – please insert the date -
Amendment 575 #
Proposal for a directive 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
Amendment 576 #
Proposal for a directive 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
Amendment 577 #
Proposal for a directive Article 25 – paragraph 3 3. By [OP – please insert the date - five years after the transposition period is over], the Commission shall carry out an evaluation of the impact of this Directive
Amendment 578 #
Proposal for a directive Article 25 – paragraph 3 3. By [OP – please insert the date - f
Amendment 579 #
Proposal for a directive 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 25 – paragraph 3 a (new) 3 a. By one year after the entry into force of this Directive, the Commission shall present a report on 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 581 #
Proposal for a directive Article 25 – paragraph 3 a (new) 3 a. The Commission will, in a timely manner, publish the full reports referred to in paragraphs 1, 2 and 3 of this article, as well as the qualitative and quantitative data relative to the indicators of performance transmitted by the Member States and referred to in point 1.4.4 of the Legislative Financial Statement.
Amendment 582 #
Proposal for a directive Article 25 – paragraph 3 b (new) 3 b. 3 b (new). By one year after the entry into force of this Directive, notwithstanding Article 119 of Regulation 2017/1939, the Commission shall produce a report on 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. The report shall assess how the powers of the European Public Prosecutor’s Office should be extended to serious environmental crimes. The report shall be accompanied by a legislative proposal for a revision of Directive 2017/1371 to include environmental crimes to the criminal offences covered by the Directive and an extension of the EPPO’s mandate to cover serious environmental crimes.
Amendment 583 #
Proposal for a directive 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) 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 25 – paragraph 3 c (new) 3 c. By 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 586 #
Proposal for a directive 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) 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 73 #
Proposal for a directive 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 74 #
Proposal for a directive Recital 1 (1) According to Article 3(3) of the Treaty on European Union (TEU) and
Amendment 75 #
Proposal for a directive 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 (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.
Amendment 77 #
(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
Amendment 78 #
Proposal for a directive Recital 2 (2) The Union
Amendment 79 #
Proposal for a directive 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 mo
Amendment 80 #
Proposal for a directive 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 81 #
Proposal for a directive Recital 2 a (new) (2a) Environmental crime is currently the fourth largest source of income for organized crime after drugs, weapons and human trafficking.
Amendment 82 #
Proposal for a directive 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.
Amendment 83 #
Proposal for a directive 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 that are sufficiently dissuasive and commensurate with the seriousness of the offences, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties. _________________ 20 Directive 2008/99/EC of the European
Amendment 84 #
Proposal for a directive 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 appropriate criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties. _________________ 20 Directive 2008/99/EC of the European
Amendment 85 #
Proposal for a directive 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 86 #
Proposal for a directive 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 targeted additional categories of offences based only on the most serious breaches of Union environmental law should be added. 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
Amendment 87 #
Proposal for a directive 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 88 #
Proposal for a directive Recital 5 (5) Member States should
Amendment 89 #
Proposal for a directive Recital 5 (5) Member States should criminalise offence categories and provide for greater precision on the definitions of the offence categories, a
Amendment 90 #
Proposal for a directive Recital 6 Amendment 91 #
Proposal for a directive Recital 6 (6) Member States should provide for appropriate criminal penalties in their national legislation in respect of serious infringements of provisions of Union law concerning protection of the environment. In the framework of the common fisheries policy, Union law provides for comprehensive set of rules for control and enforcement under Regulation (EC) No 1224/200921 and Regulation (EC) No 1005/2008 in case of serious infringements, including those that cause damage to the marine environment. Under this system the Member States have the choice between administrative and/or criminal sanctioning systems.
Amendment 92 #
Proposal for a directive 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
Amendment 93 #
Proposal for a directive 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
Amendment 94 #
Proposal for a directive 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
Amendment 95 #
Proposal for a directive 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
Amendment 96 #
Proposal for a directive Recital 8 (8) A conduct should be considered unlawful also when it is carried out under
Amendment 97 #
Proposal for a directive 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
Amendment 98 #
Proposal for a directive 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) (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.
source: 738.572
2022/12/06
DEVE
19 amendments...
Amendment 1 #
Proposal for a directive Recitals 1 a, 1 b and 1 c (new) (1 a) In accordance with Article 208 of the Treaty on the Functioning of the European Union (TFEU), the Union is to take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries. (1 b) According to Article 3 (5) TEU, the Union in its relations with the wider world shall uphold and promote its values and contribute to the protection of all human rights, in particular, the rights of the child as well as the strict observance and development of international law. (1 c) The Charter of Fundamental Rights of the European Union recognizes fundamental rights as they result from the constitutional traditions common to the Member States and affirms that it should not be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognized in their respective fields of application by Union law, International Law and by international agreements to which the Union and all Member States are party, including the European Convention for the Protection of Human rights and Fundamental Freedoms and by the Member States constitutions.
Amendment 10 #
Proposal for a directive Articles 3 and 3 a (new) Amendment 11 #
Proposal for a directive Article 4 1. Member States shall ensure that inciting, and aiding and abetting the commission of any of the criminal offences referred to in Article 3(-1), (-1a) and (1) or Article 3a are punishable as criminal offences. 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)
Amendment 12 #
Proposal for a directive Article 5 – paragraph 5 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: (a) obligation to reinstate the environment within a given time period; (b) fines
Amendment 13 #
Proposal for a directive Article 6 – paragraphs 2 and 3 2. Member States shall also ensure that legal persons can be held liable where the lack of supervision or control of its supply chain 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. 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 14 #
Proposal for a directive Article 7 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. 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 and 4 shall include: (a) criminal or non-criminal fines; (b) the obligation to reinstate the environment within a given period and to compensate for the damage caused; (c) exclusion from entitlement to public benefits or aid; (d) temporary exclusion from access to public funding, including tender procedures, grants and concessions and licenses; (e) temporary or permanent disqualification from the practice of business activities; (f) withdrawal of permits and authorisations to pursue activities which have resulted in committing the offence; (g) placing under judicial supervision; (h) judicial winding-up; (i) temporary or permanent closure of establishments used for committing the offence; (j) obligation of companies to install due diligence schemes for enhancing compliance with environmental
Amendment 15 #
Proposal for a directive Article 8 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 and 4, the following circumstances may be regarded as aggravating circumstances: (a) the offence caused the death of, or serious injury to, a person
Amendment 16 #
Proposal for a directive Article 11 – paragraphs 1, 1 a (new) and 3 1. Member States shall take the necessary measures to provide for a limitation period that enables the investigation, prosecution, trial and judicial adjudication of criminal offences referred to in Articles 3 and 4 for a sufficient period of time after the commission of those criminal offences
Amendment 17 #
Proposal for a directive Article 12 – paragraphs 1 and 2 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: (a) the offence was committed in whole or in part on its territory; (b) the offence was committed on board a ship or an aircraft registered in it or
Amendment 18 #
Proposal for a directive Article 17 – paragraph 1 Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall request those responsible for the training of judges, prosecutors, police, judicial staff and competent authorities’ staff involved in criminal proceedings and investigations, including environmental experts, to provide at regular intervals specialised training, especially in the case of environmental crime committed within the framework of criminal organisations with respect to the objectives of this Directive and appropriate to the functions of the involved staff and authorities. Specialised trainings on the investigation and prosecution of transnational environmental crimes shall receive a particular attention.
Amendment 19 #
Proposal for a directive Article 21 – paragraph 2 2. The statistical data referred to in paragraph 1 shall include at least the following: (a) the number of environmental crime cases reported; (b) the number of environmental crime cases investigated; (c) the average length of court proceedings from the beginning of the criminal
Amendment 2 #
Proposal for a directive 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.
Amendment 3 #
Proposal for a directive Recitals 6 and 6 a (new) (6) Member States should provide for criminal penalties in their national legislation in respect of serious infringements of provisions of Union law concerning protection of the environment. In the framework of the common fisheries policy, Union law provides for comprehensive set of rules for control and enforcement under Regulation (EC) No 1224/200921 and Regulation (EC) No 1005/2008 in case of serious infringements, including those that cause damage to the marine environment. Under this system the Member States have the choice between administrative and/or criminal sanctioning systems. In line with the Communication from the Commission on the European Green Deal22 and the EU Biodiversity Strategy for 203023
Amendment 4 #
Proposal for a directive Recital 11 a (new) (11 a) Environmental crimes can be perpetrated by a range of state and non- state actors, from individuals, small groups, companies, government individuals, to organised criminal networks, and often a combination thereof. Transnational companies could be the perpetrators among others by exploiting 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. In relation to transnational companies, the fault can also be attributed to other actors and the responsibility is, therefore, to be shared and accompanied with penalties accordingly.
Amendment 5 #
Proposal for a directive 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. Criminal proceedings should address corruption, money
Amendment 6 #
Proposal for a directive Recitals 14 and 14 a (new) (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, compensation for the damage caused, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations.
Amendment 7 #
Proposal for a directive 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, including conducts carried out in developing countries, 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 their territories, where the offence is committed for the benefit of a legal person established on their territories, or where it is committed against their residents, or where it is committed in the third countries by EU citizen or a legal person established in the EU.
Amendment 8 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes minimum rules concerning the definition of environmental criminal offences and sanctions in order to protect the environment
Amendment 9 #
Proposal for a directive Article 2 and Recital 26 a (new) Definitions For the purpose of this Directive, the following definitions apply: (1) ‘unlawful’ means a conduct infringing one of the following: (a) Union legislation, 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; (b) a law, an administrative regulation of a Member State or a decision taken by a competent authority of a Member State that gives effect to the Union legislation
source: 738.758
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2022-07-18Show (2) Changes | Timetravel
| docs/0 |
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| events/0 |
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2022-07-11Show (1) Changes | Timetravel
| procedure/Legislative priorities |
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2022-06-29Show (2) Changes | Timetravel
| docs/0 |
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| events/0 |
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2022-06-28Show (6) Changes | Timetravel
| committees/1 |
Old
New
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| committees/2 |
Old
New
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| committees/3/rapporteur |
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| committees/4 |
Old
New
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| docs/0 |
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| events/0 |
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2022-06-21Show (1) Changes | Timetravel
| docs/3/docs/0/url |
http://www.europarl.europa.eu/RegData/docs_autres_institutions/parlements_nationaux/com/2021/0851/SE_PARLIAMENT_AVIS-COM(2021)0851_EN.pdf
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2022-06-03Show (3) Changes | Timetravel
| docs/0 |
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| docs/3 |
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| events/0 |
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2022-03-17Show (2) Changes | Timetravel
| committees/4 |
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| committees/4 |
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2022-03-16Show (1) Changes | Timetravel
| committees/1/rapporteur |
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2022-03-15Show (1) Changes | Timetravel
| committees/1 |
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2022-03-12Show (2) Changes | Timetravel
| committees/1/rapporteur |
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| committees/3 |
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2022-03-04Show (2) Changes | Timetravel
| committees/0 |
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| committees/0 |
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2022-02-01Show (3) Changes | Timetravel
| events |
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| procedure/dossier_of_the_committee |
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| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2022-01-22Show (2) Changes | Timetravel
| commission |
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| docs/1/docs/0 |
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2021-12-28Show (1) Changes
| docs/0/summary |
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