Activities of Pascal DURAND related to 2021/0422(COD)
Legal basis opinions (0)
Amendments (134)
Amendment 103 #
Proposal for a directive
Recital 10
Recital 10
(10) The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects, have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. Therefore, when Union legislation covered by this Directive evolves, this Directive should also cover any updated or amended Union legislation falling within the scope of criminal offences defined under this Directive, when the obligations under Union law remain unchanged in substance. However, when new legal instruments prohibit new conduct harmful to the environment, this Directive should be amended in order to add to the categories of criminal offences also the new serious breaches of Union environmental law. Such amendments should be limited to the incorporation of new criminal offences as per Article 3 of this Directive and, when relevant, related provisions.
Amendment 113 #
Proposal for a directive
Recital 14
Recital 14
(14) Sanctions for the offences should be effective, dissuasive and proportionate. To this end, minimum levels for the maximum term of imprisonment should be set for natural persons. Accessory sanctions are often seen as being more effective than financial sanctions especially for legal persons. Additional sanctions or measures should be therefore available in criminal proceedings. These should include the obligation to reinstate the environment, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases. For instance, in such cases where an offender is not in the capacity to reinstate the environment, additional sanctions may take the form of a financial penalty equating to the full economical and societal cost of the damage caused.
Amendment 121 #
Proposal for a directive
Recital 16
Recital 16
(16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these elements are not already constituent for the criminal offence, these could be considered as aggravating circumstances. Equally, when an environmental criminal offence causes substantial and irreversible or long- lasting damage to an entire ecosystem, this should be an aggravating circumstance because of its severity, including in cases comparable to ecocide. As the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals, these should be taken into account when determining the appropriate level of sanctioning in the individual case. Sanctions should therefore always be high enough to ensure that prosecuted offenders cannot profit from their crimes, and cover, at least, the real environmental cost of the damage, based on the ecological, social and monetary value of the supplied ecosystem service lost or temporarily lost. All the proceeds derived from criminal and non-criminal fines should be used by Member States to combat environmental crime and protect the environment, through the means prescribed in this Directive.
Amendment 127 #
Proposal for a directive
Recital 17
Recital 17
(17) Where the crimes are of a continuing nature, they should be brought to an end as soon as possible. Where offenders have made financial gains, such gains should be confiscated. and reused, where feasible, for environmental crime prevention, detection and prosecution, and environmental conservation and restoration.
Amendment 134 #
Proposal for a directive
Recital 22
Recital 22
(22) Furthermore, judicial and administrative authorities in the Member States should have at their disposal a range of criminal sanctions and other measures to address different types of criminal behaviour in a tailored and effective manner. The Commission should develop sentencing guidelines in order to contribute to the harmonization of those sanctions and measures across Member States.
Amendment 142 #
Proposal for a directive
Recital 24
Recital 24
(24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, peopleindividuals 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 welfare of society. Individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. Persons who report irregularities are known as whistleblowers. Potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. Such persons should benefit from balanced and effective whistleblowers protection set out under Directive (EU) 2019/1937of the European Parliament and of the Council25 . _________________ 25 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305/17).
Amendment 147 #
Proposal for a directive
Recital 25
Recital 25
(25) Other natural or legal persons may also possess valuable information concerning potential environmental criminal offences. They may binclude members of the community affected, civil society organisations, or members of society at large taking an active part in protecting the environment. Such persons who report environmental crimes as well as persons who cooperate with the enforcement of such offences should be provided the necessary protection, support and assistance in the context of criminal proceedings, so that they are not disadvantaged for their cooperation but supported and assisted. These persons should also be protected from being harassed or unduly prosecuted for reporting such offences or their cooperation in the criminal proceedings.
Amendment 151 #
Proposal for a directive
Recital 2
Recital 2
(2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offences pose a threat to the environment, climate, human health as well as human and fundamental rights and therefore call for an appropriate and effective response.
Amendment 158 #
Proposal for a directive
Recital 4
Recital 4
(4) The effective detection, investigation, prosecution and adjudication of environmental criminal offences should be improved. The list of environmental criminal offences which were set out in Directive 2008/99/EC should be revised and additional categories of offences based on the most serious breaches of Union environmental law should be added. 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 160 #
Proposal for a directive
Recital 30
Recital 30
(30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Member States should assist each other thoroughly and without delay, in accordance with their national laws and the existing Union legal framework. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, 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.
Amendment 163 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) In some cases, however, these existing judicial cooperation schemes have proved to be inefficient at combating environmental crimes of cross-border nature in a timely manner. With its own powers and authority to conduct cross- border investigations and prosecutions, the European Prosecutor’s Office (EPPO) is uniquely equipped to combat serious environmental crimes affecting two or more Member States. The EPPO’s competences being currently limited to financial crimes, the Commission should draw up a report on the possibility and modalities of the extension of competences of the EPPO to include serious cross-border environmental crimes, and present it to the Council and the European Parliament.
Amendment 166 #
Proposal for a directive
Recital 9
Recital 9
(9) The environment should be protected in a wide sense, as set out under Article 3 (3) TEU and Article 191 TFEU, covering all natural resources - air, water, soil, wild fauna and flora including habitats, ecosystems and species populations - as well as services provided by natural resources. Similarly, environmental damage should also be understood in a wide sense, as comprising not only the market value of the damaged natural resources, but also the ecological and societal values of the services provided by those natural resources.
Amendment 167 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) Eurojust and Europol should be recognised as focal points to support Member States in the development of their national strategies, promoting coordination and exchanges of best practices across the relevant national authorities. Eurojust and Europol should also be used, whenever possible, to encourage and strengthen international cooperation with third countries.
Amendment 168 #
Proposal for a directive
Recital 10
Recital 10
(10) The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects, have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. Therefore, when Union legislation covered by this Directive evolves, this Directive should also automatically cover any updated or amended Union legislation falling within the scope of criminal offences defined under this Directive, when the obligations under Union law remain unchanged in substance. However, when new legal instruments prohibit new conduct harmful to the environment, this Directive should be amended in order to add to the categories of criminal offences also the new serious breaches of Union environmental law. In such cases, the amendment of the Directive should be limited to the incorporation of new criminal offences and only concern Article 3 and related provisions of the Directive in order to reflect such new incorporation.
Amendment 170 #
Proposal for a directive
Recital 11
Recital 11
(11) Qualitative and quantitative thresholds used to define environmental criminal offences should be clarified by providing a non-exhaustive list of circumstances which should be taken into account when assessing such thresholds by authorities which investigate, prosecute and adjudicate offences. This should promote the coherent application of the Directive and a more effective fight against environmental crimes as well as provide for legal certainty. However, such thresholds or their application should not make the investigation, prosecution or adjudication of criminal offences excessively difficult. In order to ensure a consistent and coherent approach among Member States, the Commission should issue guidelines to facilitate, to the extent possible, a harmonised understanding of the qualitative and quantitative thresholds across Member States. The guidelines should be science-based, produced in cooperation with relevant experts and other relevant stakeholders and may include a summary of existing relevant case law, real-life examples or common benchmarks.
Amendment 170 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in order to protect the environment more effectively and to ensure its legal representation in criminal proceedings.
Amendment 176 #
Proposal for a directive
Recital 14
Recital 14
(14) Sanctions for the offences should be effective, dissuasive and proportionate. To this end, minimum levels for the maximum term of imprisonment should be set for natural persons. Accessorydditional sanctions are often seen as being more effective than financial sanctifor natural persons - 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 casesin the form of an obligation to reinstate the environment or finance its reinstatement within a reasonable timeframe, where such restoration is possible, or other forms of sanctions with financial consequences, such as fines - can have complementary, and sometimes even more important deterrent effect and therefore the use of such additional sanctions should be encouraged whenever possible.
Amendment 178 #
Proposal for a directive
Recital 14 b (new)
Recital 14 b (new)
(14 b) In order to ensure the deterrent as well as educational effect of sanctions, it is important to first ensure the identification, tracing, seizing, freezing and definitive confiscation of all the proceeds from and instrumentalities used or intended to be used in the commission or contribution to the commission of environmental offences. Member States should ensure that such proceeds or instrumentalities can be identified, traced, frozen, seized and confiscated even when their ownership has been changed on purpose. Sanctions with financial consequences for the offender, both natural and legal persons, should apply to the offender´s own resources and not to the confiscated assets deriving from the offence. Where live animals are subject to seizing, Member States should ensure that their competent authorities are able to adopt interim measures regarding their placement pending the investigation, prosecution or adjudication of the offence with the aim of ensuring adequate care for them.
Amendment 185 #
Proposal for a directive
Recital 19
Recital 19
(19) Member States should lay down rules concerning limitation periods necessary in order to enable them to counter environmental criminal offences effectively, without prejudice to national rules that do not set limitation periods for investigation, prosecution and enforcement. Given that some types of environmental crimes are detected long after they were comitted, the limitation periods should commence from the time of the detection of the offence.
Amendment 195 #
Proposal for a directive
Recital 24
Recital 24
(24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, people and organisations, such as civil society organisations perform a service of public interest and play a key role in exposing and preventing such breaches, and thus safeguarding the environment and welfare of society. Individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. Persons who report irregularities are known as whistleblowers. Potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. Such persons, both natural and legal, should benefit from balanced and effective whistleblowers protection set out under Directive (EU) 2019/1937 of the European Parliament and of the Council25 . Environmental defenders are also on the frontline of the consequences of environmental crime and are very often subject to threaths, intimidation, violence or even murder. Therefore they should also benefit from adequate and effective protection. Whistleblowers as well as environmental defenders should also receive adequate protection from strategic lawsuits against public participation aiming to silence them. _________________ 25 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305/17).
Amendment 204 #
Proposal for a directive
Recital 29
Recital 29
(29) To ensure successful enforcement, Member States should make available effective investigative tools for environmental offences such as those which exist in their national law for combating organised crime, financial crime, cybercrime, corruption or other serious crimes. These tools should include among others the interception of communications, covert surveillance including electronic surveillance, controlled deliveries, the monitoring of bank accounts and other financial investigation tools as well as the use of an agent. These tools should be applied in line with the principle of proportionality and in full respect of the Charter of Fundamental Rights of the European Union. In accordance with national law, the nature and gravity of the offences under investigation should justify the use of these investigative tools. The right to the protection of personal data must be respected.
Amendment 205 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the discharge, emission or introduction of a quantity of materials, 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 206 #
Proposal for a directive
Recital 30
Recital 30
(30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Member States should also ensure assistance, coordination and coperation at strategic and operational level between each other as well as with third countries. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF), in their respective areas of competence. The EPPO, with its own powers and authority to coordinate investigations and prosecutions in cross-border cases, is currently best placed to combat the most serious environmental crimes, therefore an extention of its mandate is imminently necessary and the Commission should present a report to this end, assessing the possibilities and modalities. The extension of the EPPO´s mandate would ensure that those environmental crimes for which reinforcement of the criminal law response is unlikely to be achieved through traditional channels of judicial cooperation, are adequately addressed.
Amendment 209 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the placing on the market, including online market, of a product which, in breach of a prohibition or another requirement, causes or is likely to cause death or serious injury to any person or substantial damage to air, water or soil quality, or to animals or plants as a result of the product's use on a larger scale;
Amendment 214 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning combatting environmental crime and on the definition of criminal offences and sanctions as well as on facilitating the work of and cooperation between law enforcement authorities in order to protect the environment more effectively.
Amendment 215 #
Proposal for a directive
Article 3 – paragraph 1 – point c – introductory part
Article 3 – paragraph 1 – point c – introductory part
(c) the manufacture, placing on the market, including online market, or use of substances, whether on their own, in mixtures or in articles, including their incorporation into articles, when:
Amendment 226 #
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) the collection, transport, treatment, recovery or disposal of waste, the supervision of such operations and the after-care of disposal sites, including action taken as a dealer or a broker (waste management), when an unlawful conduct:
Amendment 229 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the discharge, emission or introduction of a quantity of materials or, energy, 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 230 #
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Article 3 – paragraph 1 – point e – point i
(i) concerns hazardous waste as defined in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council39 and is undertaken in a non-negligible quantity; _________________ 39 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3–30).
Amendment 239 #
(h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship-source discharges do not satisfy the exceptions set in Article 5 of that Directive; this provision shall not apply to individual cases, where the ship- source discharge does not cause deterioration in the quality of waterthe marine environment, unless repeated cases by the same offender in conjunction result in deterioration in the quality of waterthe marine environment; _________________ 42 Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11– 21).
Amendment 240 #
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Article 3 – paragraph 1 – point e – point i
(i) concerns hazardous waste as defined in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council;39 and is undertaken in a non-negligible quantity; _________________ 39 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3–30).
Amendment 243 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) the shipment of waste, within the meaning of Article 2(35) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council40 when such shipment is undertaken in a non- negligible quantity, whether executed in a single shipment or in several shipments which appear to be linked; _________________ 40 Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1).
Amendment 246 #
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) the ship-source discharges of pollution referred to in Article 3(8) of the Directive 2008/56/EC or polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship- source pollution and on the introduction of penalties, including criminal penalties, into any of the areas 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 the marine environment, unless repeated cases by the same offender in conjunction result in deterioration in the quality of water or the marine environment; _________________ 42 Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11– 21).
Amendment 253 #
Proposal for a directive
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) the killing, destruction, taking of, possession, sale or offering for sale, including online, of a specimen or specimens of wild fauna or flora species listed in Annexes IV and V (when species in Annex V are subject to the same measures as those adopted for species in Annex IV) to Council Directive 92/43/EEC49 and the species referred to in Article 1 of Directive 2009/147/EC of the European Parliament and of the Council50 , except for cases where the conduct concerns a negligible quantityas well as the destruction of the habitats of such specimenes; _________________ 49 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7–50). 50 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25).
Amendment 254 #
Proposal for a directive
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) the killing, destruction, taking of, possession, sale or offering for sale, including online, of a specimen or specimens of wild fauna or flora species listed in Annexes IV and V (when species in Annex V are subject to the same measures as those adopted for species in Annex IV) to Council Directive 92/43/EEC49 and the species referred to in Article 1 of Directive 2009/147/EC of the European Parliament and of the Council50 , except for cases where the conduct concerns a negligible quantity of such specimens; _________________ 49 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7–50). 50 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25).
Amendment 255 #
(m) trading, including online, in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A, B and BC to Council Regulation (EC) No 338/9751 , except for cases where the conduct concerns a negligible quantity of such specimens; _________________ 51 Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, p. 1).
Amendment 255 #
Proposal for a directive
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) trading, including online, in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A and B to Council Regulation (EC) No 338/9751 , excepand imports of specimens, part for casderivatives wthere the conduct concerns a negligible quantity of such specimensof listed in Annex C of the same Regulation; _________________ 51 Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, p. 1).
Amendment 259 #
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) illegal harvesting of timber and/or the placing or making available on the Union market, including online, of illegally harvested timber or of timber products that were made of illegally harvested wood, falling within the scope of Regulation (EU) No 995/2010 of the European Parliament and of the Council52 , except for cases where the conduct concerns a negligible quantity; [If a Regulation on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 is adopted before this Directive, point (n) to be replaced with a criminal offence within the scope of Article 3 of that Regulation.] _________________ 52 Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23–34).
Amendment 260 #
Proposal for a directive
Article 3 – paragraph 1 – point n a (new)
Article 3 – paragraph 1 – point n a (new)
(n a) illegal logging, as defined in Article 2(5a);
Amendment 264 #
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) any conduct which causes the deterioration of a habitat within a protected site or a significat disturbance of a species for which the site has been designated, within the meaning of Article 6(2) of the Directive 92/43/EEC, when this deterioration is significant;
Amendment 267 #
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) production, placing on the market, including online, import, export, use, emission or release of ozone depleting substances as defined in Article 3 (4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council54 or of products and equipment containing or relying on such substances; _________________ 54 Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 31.10.2009, p. 1–30)
Amendment 271 #
Proposal for a directive
Article 3 – paragraph 1 – point r b (new)
Article 3 – paragraph 1 – point r b (new)
(r b) starting a forest fire;
Amendment 271 #
Proposal for a directive
Article 3 – paragraph 1 – point r a (new)
Article 3 – paragraph 1 – point r a (new)
(ra) initiation of a forest fire, when this initiation is caused either by a deliberate or reckless conduct, or by serious negligence.
Amendment 273 #
Amendment 281 #
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Article 3 – paragraph 3 – point e a (new)
(e a) the amount of financial benefits gained by the offender, including cost of compliance;
Amendment 287 #
Proposal for a directive
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Member States shall ensure that their national legislation specifies that at least one of the following elements shall be taken into account, where relevant, when assessing whether the damage or likely damage is substantial for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (a) to (e), (i), (j), (k) and (p):
Amendment 289 #
Proposal for a directive
Article 3 – paragraph 5 – point c
Article 3 – paragraph 5 – point c
(c) the protection or conservation status of the habitat or the fauna or flora species concerned;
Amendment 290 #
Proposal for a directive
Article 3 – paragraph 5 – point d
Article 3 – paragraph 5 – point d
(d) the cost of restoration ofestimated cost of reinstatement of the environmental damage.
Amendment 290 #
Proposal for a directive
Article 3 – paragraph 3 – point d
Article 3 – paragraph 3 – point d
(d) spread of the damage, including its potential cross-border nature;
Amendment 291 #
Proposal for a directive
Article 3 – paragraph 5 – point d a (new)
Article 3 – paragraph 5 – point d a (new)
(d a) the monetary value of the environmental damage caused by the offence;
Amendment 292 #
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Article 3 – paragraph 3 – point e a (new)
(ea) the financial benefits derived from the damage caused by the perpetrators;
Amendment 295 #
Proposal for a directive
Article 3 – paragraph 3 – point e b (new)
Article 3 – paragraph 3 – point e b (new)
(eb) the full financial cost of the environmental damage, including societal costs;
Amendment 297 #
Proposal for a directive
Article 3 – paragraph 5 b (new)
Article 3 – paragraph 5 b (new)
5 b. In order to ensure consistency and coherence across Member States for the purpose of law enforcement and to prevent forum shopping by offenders, the Commission shall, within [X] months after the entry into force of this Regulation and in consultation with relevant experts and stakeholders and following a science-based approach, issue guidelines to facilitate common understanding among Member States of the qualitative and quantitaive thresholds referred to in paragraph 3, 4 and 5 of this Article.
Amendment 297 #
Proposal for a directive
Article 3 – paragraph 3 – point e c (new)
Article 3 – paragraph 3 – point e c (new)
(ec) the conservation status of the species, population or habitats affected;
Amendment 299 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures to ensure that an attempt to commit any of the criminal offences referred to in Article 3 (1) points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (m), (n), (p) (ii), (q), (r) when committed intentionally is punishable as a criminal offence.
Amendment 299 #
Proposal for a directive
Article 3 – paragraph 3 – point e d (new)
Article 3 – paragraph 3 – point e d (new)
(ed) whether the offence was committed in the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA, or is linked to murder, corruption, money laundering, fraud, document counterfeit, extortion, coercion and other forms of intimidation.
Amendment 305 #
Proposal for a directive
Article 3 – paragraph 5 – introductory part
Article 3 – paragraph 5 – introductory part
5. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account when assessing whether the quantity is negligible or non-negligible for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (e), (f), (l), (m), (n):
Amendment 306 #
Proposal for a directive
Article 3 – paragraph 5 – point b
Article 3 – paragraph 5 – point b
(b) the extent to which the regulatory threshold, value or another mandatory parameter or hazardousness and toxicity threshold is exceeded;
Amendment 308 #
Proposal for a directive
Article 3 – paragraph 5 – point d
Article 3 – paragraph 5 – point d
(d) the cost of restoration of environmental damage, taking into account the ecological, social and monetary value of the supplied ecosystem service, such as carbon storage, lost or temporarily lost.
Amendment 312 #
Proposal for a directive
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
(b) fines, where relevant proportionate to the environmental damage caused and/or to the financial benefits gained by the offender;
Amendment 315 #
2. Member States shall take the necessary measures to ensure that an attempt to commit any of the criminal offences referred to in Article 3 (1) points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (m), (n), (p) (ii), (q), (r) when committed intentionally is punishable as a criminal offence.
Amendment 333 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) the obligation to reinstate the environment within a given periodor finance its reinstatement within a reasonable time period where such reinstatement is possible, and cover the cost of any residual damage where complete reinstatement is not possible;
Amendment 339 #
Proposal for a directive
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) obligation to reinstate the environment within a given time period, or to compensate for the damage caused, if the perpetrator is not in capacity to conduct such a reinstatement;
Amendment 342 #
Proposal for a directive
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
(b) fines, proportionate to the financial benefits derived from the damage caused by the perpetrators, and all the proceeds of which shall be used by Member States to combat environmental crime and protect the environment;
Amendment 354 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 361 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the offence caused destruction or irreversible or long-lasting substantial damage to the environment, a habitat, species of wild fauna or flora covered by Council Regulation (EC) No 338/9751, Council Directive 92/43/EEC and Directive 2009/147/EC of the European Parliament and of the Council or an ecosystem;
Amendment 364 #
Proposal for a directive
Article 8 – paragraph 1 – point b b (new)
Article 8 – paragraph 1 – point b b (new)
(b b) the offence caused destruction or damage to a site of critical infrastructure or a site of cultural heritage;
Amendment 365 #
Proposal for a directive
Article 8 – paragraph 1 – point b c (new)
Article 8 – paragraph 1 – point b c (new)
(b c) the offence was committed in an area of conservation or protection at national, European or international level;
Amendment 367 #
Proposal for a directive
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(c a) the offence involved any of the following elements: corruption, fraud, money laundering, extortion, coercion or any other forms of intimidation;
Amendment 373 #
Proposal for a directive
Article 8 – paragraph 1 – point j a (new)
Article 8 – paragraph 1 – point j a (new)
(j a) the offender committed an offence referred to in Article 3(1) while subject to a derogation under Article 15(4) of Directive 2010/75/EU;
Amendment 374 #
Proposal for a directive
Article 8 – paragraph 1 – point j b (new)
Article 8 – paragraph 1 – point j b (new)
(j b) the offence caused unnecessary and avoidable suffering of animals.
Amendment 381 #
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) criminal or non-criminal fines, the proceeds of which should all be used by Member States to combat environmental crime and to protect the environment;
Amendment 383 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Amendment 384 #
Proposal for a directive
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
Member States shall ensure that: a) the confiscated financial proceeds or instrumentalities from the offences, or where relevant the financial assests obtained from selling material proceeds or instrumentalities from the offences, are used to combat environmental crime in line with Article 12a of this Directive; b) confiscated wildlife products are offered to appropriate public entities for genuine educational, scientific and conservation purposes or properly destroyed, if their use for these purposes is not practicable.
Amendment 385 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 385 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) the obligation to reinstate the environment within a given period or to compensate for the damage caused, if the perpetrator is not in capacity to conduct such a reinstatement;
Amendment 389 #
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least ten years of imprisonment, for a period of at least ten years from the time when the offence was commitdetected, when offences are punishable;
Amendment 391 #
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least six years of imprisonment, for a period of at least six years from the time when the offence was commitdetected, when offences are punishable;
Amendment 392 #
Proposal for a directive
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least four years of imprisonment, for a period of at least four years from the time when the offence was commitdetected, when offences are punishable.
Amendment 398 #
Proposal for a directive
Article 7 – paragraph 2 – point j
Article 7 – paragraph 2 – point j
(j) obligation, subject to a periodic penalty payment, of companies to install due diligence schemes for enhancing compliance with environmental standards;
Amendment 403 #
Proposal for a directive
Article 12 – paragraph 1 – point d a (new)
Article 12 – paragraph 1 – point d a (new)
(d a) the offence is committed for the benefit of a legal person established on its territory;
Amendment 409 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by fines, the maximum limit of which shall be not less than 510% of the total worldwide turnover of the legal person [/undertaking] in the three business years preceding the fining decisiondetection of the offence.
Amendment 410 #
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
Amendment 410 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 412 #
Proposal for a directive
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) the offence has created a severe risk for the environment or the conservation of native wildlife populations and their habitats on its territory.
Amendment 414 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Where an offence referred to in Articles 3 and 4 falls within the jurisdiction of more than one Member State, these Member States shall swiftly cooperate to determine which Member State shall conduct criminal proceedings. The matter shall, where appropriate and in accordance with Article 12 of Council Framework Decision 2009/948/JHA59 , be referred to Europol and/or Eurojust. _________________ 59 Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328, 15.12.2009, p. 42).
Amendment 415 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. In cases referred to in paragraph 1, points (c), (d) and (da), Member States shall take the necessary measures to ensure that the exercise of their jurisdiction is not subject to the condition that a prosecution can be initiated only following a denunciation from the State of the place where the criminal offence was committed.
Amendment 416 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12 a National funds for preventing and combatting environmental crime and facilitation of environmental protection 1. Member States shall, within 9 months from the entry into force of this Directive, establish and maintain a national fund, or where relevant adjust such an existing fund, aimed at combatting environmental crime and facilitation of environmental protection, including, for example, through financing of: a) prevention measures, including but not limited to those referred to in Article 15; b) combatting environmental crime, more specifically, the national authorities that detect, investigate, prosecute or adjudicate environmental offences, including for the purposes referred to in Articles 16, 17, 18 and 19; c) facilitation of environmental protection, including financing rescue centers that take adequate care for confiscated live animals. 2. The fund shall be financed at least through: a) the criminal and non-criminal fines as referred to in Articles 5 and 7; b) the proceeds derived from and instrumentalities used or intended to be used in the commission or contribution to the commission of the offence that have been confiscated in accordance with Article 10 of this Directive; c) where the complete reinstatement of the environment is not possible, the cost of the residual damage, paid by the offender;
Amendment 417 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall take the necessary measures to ensure thatfull application of the protection granted under Directive (EU) 2019/1937, is applicable to any natural persons reporting criminal offences referred to in Articles 3 and 4 of this Directive and to take the necessary measures to ensure a similar adequate level of protection for any legal persons reporting these offences.
Amendment 420 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall take the necessary measures to ensure that any natural and legal persons reporting offences referred to in Articles 3 and 4 of this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessary support and assistance in the context of criminal proceedings.
Amendment 421 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Member States shall take the necessary measures to ensure that natural and legal persons reporting criminal offences referred to in Articles 3 and 4 of this Directive are protected against strategic lawsuits against public participation, in line with the Directive 2022/... [Directive of the European Parliament and of the Council on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings].
Amendment 422 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem, or to protected species referred to in Article 3(1) points (l) and (m);
Amendment 423 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the offence was committed in the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA56 or involved corruption, money laundering, fraud, extortion, coercion or other forms of intimidation; _________________ 56 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, OJ L 300/42.
Amendment 429 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall take appropriate action, such as research and education programmes, including studies on the origin and motivation for committing environmental crimes as well as information and awareness- raising campaigns and research and education programmes,, including on proactive law enforcement and anti-corruption measures, and targeting the general public, the private sector as well as national authorities with the aim to reduce overall number of environmental criminal offences, raise public awareness and reduce the risk of population of becoming a victim of an environmental criminal offence. Where appropriate, Member States shall act in cooperation with the relevant stakeholders, including experts, civil society organisations focused on environmental protection and competent authorities which detect, investigate, prosecute and adjudicate environmental criminal offences.
Amendment 429 #
Proposal for a directive
Article 8 – paragraph 1 – point j
Article 8 – paragraph 1 – point j
(j) the offender actively obstructs inspection, custom controls or investigation activities, destroys any available evidence, or intimidates or interferes with witnesses or complainants.;
Amendment 432 #
Proposal for a directive
Article 8 – paragraph 1 – point j a (new)
Article 8 – paragraph 1 – point j a (new)
(j a) the offence was committed within the remit of a protected site, such as a Natura 2000 area;
Amendment 433 #
Proposal for a directive
Article 8 – paragraph 1 – point j b (new)
Article 8 – paragraph 1 – point j b (new)
(j b) the offender committed the offence while already benefiting from a derogation lawfully delivered by a competent authority;
Amendment 434 #
Proposal for a directive
Article 8 – paragraph 1 – point j c (new)
Article 8 – paragraph 1 – point j c (new)
(j c) the offence caused the extensive and avoidable suffering of animals.
Amendment 441 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall take the necessary measures to ensure that effective investigative tools, such asincluding those which are used in organised crime, financial crime, cybercrime, corruption or other serious crime cases, are also available for investigating or prosecuting offences referred to in Articles 3 and 4.
Amendment 443 #
Proposal for a directive
Article 19 – title
Article 19 – title
Coordination and cooperation between competent authorities within and between Member States and with relevant bodies at EU level
Amendment 444 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
Member States shall take the necessary measures to establish appropriate mechanisms for coordination and cooperation at strategic and operational levels among all their competent authorities involved in the prevention of and the fight against environmental criminal offences. Such mechanisms shall be aimedtake the form of specialised coordination bodies with a designated contact point and shall aim at least at:
Amendment 445 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Member States shall take the necessary measures to ensure frozen and confiscated assets are appropriately managed, according to their nature, and, where possible, used to fund reparations.For example, where appropriate, Member States shall consider: (a) using confiscated assets to repair damages caused, compensate victims, or finance measures aimed at preventing and combating similar crimes; (b) using confiscated financial assets to cover costs associated with the appropriate management housing and care of confiscated live animals; (c) destroying confiscated wildlife products or offering them to appropriate public entities for genuine educational and conservation purposes.
Amendment 447 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall take the necessary measures to provide for a limitation period that enables the investigation, prosecution, trial and judicial adjudication of criminal offences referred to in Articles 3 and 4 for a sufficient period of time after the commisspublic detection of those criminal offences, in order for those criminal offences to be tackled effectively.
Amendment 449 #
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
Member States shall ensure that, where relevant, their competent authorities that detect, investigate, procesute or adjudicate environmental offences referred to in Article 3 and 4, exchange information, consult and actively cooperate with relevant bodies at EU level, such as Europol and Eurojust, and including OLAF and EPPO to the extent relevant to their respective competences.
Amendment 450 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Amendment 454 #
Proposal for a directive
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) the modes of coordination and cooperation between the competent authoritinational authorities and between the competent national authorities and the competent national authorities of other Member States;
Amendment 455 #
Proposal for a directive
Article 20 – paragraph 1 – point f
Article 20 – paragraph 1 – point f
(f) the procedures and mechanisms for regular monitoring and, evaluation and reporting of the results achieved;
Amendment 455 #
(a) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least ten years of imprisonment, for a period of at least ten years from the time when the offence was commitpublicly detected, when offences are punishable;
Amendment 457 #
Proposal for a directive
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
(c) the average length of the criminal investigations of environmental crimes as well as of criminal proceedings;
Amendment 458 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that a consolidated review of their statistics is regularly published. the statistical data referred to in paragraph 2 and a consolidated review of their statistics are published annually. The following year after the standard format referred to in Article 22 is established, Member States shall start using it for their annual publications of statistics.
Amendment 461 #
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least six years of imprisonment, for a period of at least six years from the time when the offence was commitpublicly detected, when offences are punishable;
Amendment 467 #
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. By [OP – please insert the date - five years after the transposition period is over], the Commission shall carry out an evaluation of the impact of this Directive as well as the need to update the list of offences in Article 3 and submit a report to the European Parliament and to the Council. Member States shall provide the Commission with necessary information for the preparation of that report.
Amendment 468 #
Proposal for a directive
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least four years of imprisonment, for a period of at least four years from the time when the offence was commitpublicly detected, when offences are punishable.
Amendment 482 #
Proposal for a directive
Article 12 – paragraph 1 – point d a (new)
Article 12 – paragraph 1 – point d a (new)
(d a) the offence is committed for a legal person established on its territory.
Amendment 491 #
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
Amendment 494 #
Proposal for a directive
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) the offence has created a severe risk for the environment, including native wildlife populations and their habitats, on its territory.
Amendment 496 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Where an offence referred to in Articles 3 and 4 falls within the jurisdiction of more than one Member State, these Member States shall cooperate to determine which Member State shall conduct criminal proceedings. The matter shall, where appropriate and in accordance with Article 12 of Council Framework Decision 2009/948/JHA59 , be referred to Eurojust as well as Europol. _________________ 59 Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328, 15.12.2009, p. 42).
Amendment 502 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall take the necessary measures to ensure that protection is granted to any natural person under Directive (EU) 2019/1937, ias applicable towell as legal persons reporting criminal offences referred to in Articles 3 and 4 of this Directive.
Amendment 504 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall take the necessary measures to ensure that natural and legal persons reporting offences referred to in Articles 3 and 4 of this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessary protection, support and assistance in the context of criminal proceedings.
Amendment 517 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
Member States shall ensure public access to the information on the referrals of environmental crime to the authorities and the number of open judicial proceedings concerning such crime, including those resulting from the referrals.
Amendment 522 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
In addition to strengthening their investigation and prosecution arsenal and implementing dissuasive sanctions, Member States shall take appropriate action, such as information and awareness- raising campaigns and research and education programmes, to reduce overall environmental criminal offences, raise public awareness and reduce the risk of population of becoming a victim of an environmental criminal offence. Where appropriate, Member States shall act in cooperation with the relevant stakeholders.
Amendment 524 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that national authorities which detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff, including prosecutors and police authorities, and sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. In particular, Member States shall strengthen their enforcement and judicial chains in the remit of environmental crimes by establishing or, where relevant, strengthening specialised law enforcement units, as well as specialised coordination bodies, memoranda of understanding between competent authorities, national enforcement networks and joint training activities.
Amendment 526 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
When environmental offences are suspected to be of a cross-border nature, national authorities shall swiftly refer the information related to these cases to appropriate bodies, such as the Commission, Eurojust, Europol, the OLAF, and, in the event of an extension of its competences to environmental crimes, the EPPO.
Amendment 531 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime, financial crime, cybercrime or other serious crime cases, are also available for investigating or prosecuting offences referred to in Articles 3 and 4.
Amendment 534 #
Proposal for a directive
Article 19 – title
Article 19 – title
19 Coordination and cooperation between competent authorities within a Member State and across Member States
Amendment 536 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
Member States shall take the necessary measures to establish appropriate mechanisms for coordination and cooperation at strategic and operational levels among all their competent authorities involved in the prevention of and the fight against environmental criminal offences. Such mechanisms may take the form of units and bodies referred to in Article 16 (1) of this Directive and shall be aimed at least at:
Amendment 540 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19 a Investigation of environmental crime at EU level The Commission shall, within 12 months from the entry into force of this Directive and pursuant to Article 86(4) TFEU, draw up a report on the possibility and modalities of the extension of competences of the EPPO to include serious cross-border environmental crimes, and present it to the Council and the European Parliament.
Amendment 542 #
Proposal for a directive
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) the modes of coordination and cooperation between the competent authorities as well as between their competent authorities and other Member States;
Amendment 546 #
Proposal for a directive
Article 20 – paragraph 1 – point f
Article 20 – paragraph 1 – point f
(f) the procedures and mechanisms for regular monitoring and, evaluation and reporting of the results achieved;
Amendment 561 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that a consolidated review of their statistics is regularly publishedpublished and made easily accessible at least every three years.
Amendment 566 #
Proposal for a directive
Article 22 – title
Article 22 – title
Implementing powers and guidelines
Amendment 569 #
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2 a. The Commission shall develop guidelines in order to assist the Member States in the preparation of harmonised, effective, dissuasive and proportionate sanctions.
Amendment 573 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission shall by [OP – please insert the date - two years after the transposition period is over], submit a report to the European Parliament and to the Council assessing the extent to which the Member States have taken the necessary measures to comply with this Directive, and providing recommendations to Member States. Member States shall provide the Commission with the necessary information for the preparation of that report, including, but not limited to, data referred to in Article 21 (2).
Amendment 577 #
Proposal for a directive
Article 25 – paragraph 3
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, including, but not limited to, data referred to in Article 21 (2).