Next event: Decision by Parliament, 1st reading 2024/02/27 more...
- Debate in Parliament 2024/02/26
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2023/12/11
- Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71) 2023/04/17
- Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71) 2023/03/29
- Committee report tabled for plenary, 1st reading 2023/03/28
- Vote in committee, 1st reading 2023/03/21
- Committee decision to open interinstitutional negotiations with report adopted in committee 2023/03/21
- Committee opinion 2023/02/06
- Committee opinion 2022/12/09
- Committee opinion 2022/12/07
- Amendments tabled in committee 2022/11/10
- Amendments tabled in committee 2022/11/10
- Committee opinion 2022/10/26
- Committee draft report 2022/10/12
- BRICMONT Saskia (Verts/ALE) appointed as rapporteur in LIBE 2022/09/05
Progress: Awaiting Council's 1st reading position
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
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.
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).
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
- 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
Activities
- Juan Fernando LÓPEZ AGUILAR
Plenary Speeches (0)
- Antonius MANDERS
Plenary Speeches (0)
- Sirpa PIETIKÄINEN
Plenary Speeches (0)
- Stanislav POLČÁK
Plenary Speeches (0)
- Jan-Christoph OETJEN
Plenary Speeches (0)
- Mick WALLACE
Plenary Speeches (0)
- Eugen JURZYCA
Plenary Speeches (0)
- Elena KOUNTOURA
Plenary Speeches (0)
- Bert-Jan RUISSEN
Plenary Speeches (0)
- Ilana CICUREL
Plenary Speeches (0)
Amendments | Dossier |
549 |
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
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