Activities of Lucia ĎURIŠ NICHOLSONOVÁ related to 2021/0422(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the protection of the environment through criminal law
Amendments (126)
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 153 #
Proposal for a directive
Recital 3
Recital 3
(3) The existing systems of penalties under Directive 2008/99/EC of the European Parliament and of the Council20 and environmental sectoral law have not been sufficient in all environmental policy area to achieve compliance with Union law for the protection of the environment. This is linked to the fact that environmental offences are still perceived in many Member States as posing little danger for the society and are thus usually treated as administrative offences rather than criminal offences, reflecting the low priority the environmental protection still has in the area of law enforcement. Compliance should be strengthened by the availability of criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties. _________________ 20 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
Amendment 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 163 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to constitute an environmental offence under this Directive, conduct should be unlawful under Union law protecting the environment or national laws, administrative regulations or decisions giving effect to that Union law. The conduct which constitutes each category of criminal offence should be defined and, where appropriate, a threshold which needs to be met for the conduct to be criminalised should be set. Such conduct should be considered a criminal offence when committed intentionally and, in certain cases, alsor when committed with at least serious negligence. Illegal conduct that causes death or serious injury of persons, substantial damage or a considerable risk of substantial damage for the environment or is considered otherwise as particularly harmful to the environment constitutes a criminal offence when committed with at least serious negligence. Member States remain free to adopt or maintain more stringent criminal law rules in that area.
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 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 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 177 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) For legal persons, minimum level of fines should be established as a primary sanction. However, a combination with accessory sanctions is often seen as being more effective than financial sanctions alone. Additional sanctions or measures should be therefore available. These should include the obligation to reinstate the environment or finance its reinstatement, where such reinstatement is possible, within a reasonable timeframe, obligation to engage in or finance activities that contribute to the conservation of and/ or preservation of the environment, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases. However, given that the main victim of the offences referred to in this Directive is the environent as such, the use of sanctions that lead to the reinstatement of the environment should be encouraged whenever possible.
Amendment 178 #
Proposal for a directive
Recital 14 b (new)
Recital 14 b (new)
(14 b) In order to ensure the deterrent as well as educational effect of sanctions, it is important to first ensure the identification, tracing, seizing, freezing and definitive confiscation of all the proceeds from and instrumentalities used or intended to be used in the commission or contribution to the commission of environmental offences. Member States should ensure that such proceeds or instrumentalities can be identified, traced, frozen, seized and confiscated even when their ownership has been changed on purpose. Sanctions with financial consequences for the offender, both natural and legal persons, should apply to the offender´s own resources and not to the confiscated assets deriving from the offence. Where live animals are subject to seizing, Member States should ensure that their competent authorities are able to adopt interim measures regarding their placement pending the investigation, prosecution or adjudication of the offence with the aim of ensuring adequate care for them.
Amendment 179 #
Proposal for a directive
Recital 14 c (new)
Recital 14 c (new)
(14 c) The confiscated proceeds and instrumenatlities should be allocated to a dedicated national fund and used to protect the environment and combat environmental crime, financing for example prevention measures, adequate numbers of qualified and specialised staff, establishment of specialised departments or units within competent authorities that detect, investigate, prosecute or adjudicate environmental crime, regular training of such competent authorities and rescue centers to provide adequate care for the confiscated live animals.
Amendment 180 #
Proposal for a directive
Recital 15
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 aswith an equivalent effect as those laid down in this Directive in order to achieve its objectives. Financial situation of legal persons should be taken into account to ensure the dissuasiveness of the sanction imposed.
Amendment 182 #
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. For the same purpose the extent of damage caused or likely caused should also be taken into account.
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 190 #
Proposal for a directive
Recital 23
Recital 23
(23) Given, in particular, the mobility of perpetrators of illegal conduct covered by this Directive and proceeds derived from their criminal activities, together with the complex cross- border nature of offences and the possibility of cross-border investigations, required to combat such crimes, Member States should establish jurisdiction in order to counterenable the competent authorities to investigate, prosecute and adjudicate such conduct effectively.
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 202 #
Proposal for a directive
Recital 28
Recital 28
(28) The effective functioning of the enforcement chain depends on a range of specialist skills. As the complexity of the challenges posed by environmental offences and the technical nature of such crime require a multidisciplinary approach, a high level of legal knowledge, technical expertise 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 assignestablishing specialised investigation units or departments, prosecutors and criminal judges to deal with environmental criminal cases. General criminal courts could provide at least for specialised chambers of judges. Technical expertise as well as the necessary resources should be made available to all relevant enforcement authorities. Effective and swift cooperation mechanisms should be established across the whole law enforcement chain.
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 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 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 223 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘public concerned’ means the persons or groups of persons affected or likely to be affected by the offences referred to in Articles 3 or 4. For the purposes of this definition, persons having a sufficient interest or maintaining the impairment of a right as well as non- governmental organisations promoting the protection of the environment and meeting any proportionate requirements under national law shall be deemed to have an interest;
Amendment 224 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5 a) ´illegal logging´ means any logging which breaks rules and legislation in force and is not limited to cases which involve products or commodities within the scope of Regulation(EU) No 995/2010 of the European Parliament and of the Council, including conduct of a local, regional or national forest authority infringing on EU law in sphere of nature protection or on a law implementing EU strategic initiative in the sphere of nature protection;
Amendment 225 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
(5 b) ´ecocide´ means unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts;
Amendment 226 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 c (new)
Article 2 – paragraph 1 – point 5 c (new)
(5 c) ´environmental damage´ means the sum of the market value of the damaged natural resources and the ecological and societal values of the services provided by those natural resources;
Amendment 227 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that the following conduct constitutes a criminal offence when it is unlawful and committed intentionally or at least with serious negligence:
Amendment 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 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 251 #
Proposal for a directive
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) the abstraction of surface water or groundwater which causes or is likely to cause substantial damage to the ecological status or potential of surface water bodies or to the quantitative status of groundwater bodies bodies or leads to a deterioration of the Status of the Water Bodies as defined in the last River Basin Management Plans, in accordance with the statements of the Annex V of the Directive 2000/60/EC;
Amendment 253 #
Proposal for a directive
Article 3 – paragraph 1 – point k a (new)
Article 3 – paragraph 1 – point k a (new)
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 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 270 #
(r a) ecocide, as defined in Article 2(5b);
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 273 #
Amendment 275 #
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 one or more of the following elements shall be taken into account, where relevant, when assessing whether the damage or likely damage is substantial for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (a) to (e), (i), (j), (k) and (p):
Amendment 276 #
Proposal for a directive
Article 3 – paragraph 3 – point a a (new)
Article 3 – paragraph 3 – point a a (new)
(a a) the monetary value of the environmental damage caused by the offence;
Amendment 277 #
Proposal for a directive
Article 3 – paragraph 3 – point a b (new)
Article 3 – paragraph 3 – point a b (new)
(a b) the estimated cost of reinstatement of the environmental damage;
Amendment 278 #
Proposal for a directive
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) whether the damage isor its effects are long-lasting, medium term or short term;
Amendment 279 #
Proposal for a directive
Article 3 – paragraph 3 – point e
Article 3 – paragraph 3 – point e
(e) the extent of reversibility of the damage.
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 285 #
Proposal for a directive
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. Member States shall ensure that their national legislation specifies that one or more of the following elements shall be taken into account, where relevant, when assessing whether the activity is likely to cause damage to the quality of air, the quality of soil or the quality of water, or to animals or, plants or ecosystems for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (a) to (e), (i), (j), (k), (p) and (pra):
Amendment 287 #
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 one or more of the following elements shall be taken into account, where relevant, 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 288 #
Proposal for a directive
Article 3 – paragraph 5 – point a
Article 3 – paragraph 5 – point a
(a) the volume or number of items subject to the offence;
Amendment 289 #
Proposal for a directive
Article 3 – paragraph 5 – point c
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 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 294 #
Proposal for a directive
Article 3 – paragraph 5 – point d b (new)
Article 3 – paragraph 5 – point d b (new)
(d b) the amount of financial benefits gained by the offender, including cost of compliance;
Amendment 295 #
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5 a. With regards to trading in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A of Council Regulation (EC) No 338/97, as referred to in Article 3, paragraph 1 m), non-negligible quantity shall be understood to be one specimen or part or derivative of one specimen from the list.
Amendment 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 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 301 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least ten years if they cause or are likely to cause death or serious injury to any person. The offence referred to in Article 3(1) (ra) shall also be punishable by a maximum term of imprisonment of at least ten years.
Amendment 303 #
Proposal for a directive
Article 5 – paragraph 3
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), (rk), (ka), (n), (na), (o), (q), (r), (rb) are punishable by a maximum term of imprisonment of at least sixeven years.
Amendment 306 #
Proposal for a directive
Article 5 – paragraph 4
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 fourive years.
Amendment 309 #
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 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 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 314 #
Proposal for a directive
Article 5 – paragraph 5 – point b a (new)
Article 5 – paragraph 5 – point b a (new)
(b a) obligation to engage in or finance activities that contribute to the conservation and/ or preservation of the environment;
Amendment 318 #
Proposal for a directive
Article 5 – paragraph 5 – point f
Article 5 – paragraph 5 – point f
(f) temporary or permanent bans on running for elected or public office;
Amendment 326 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) and 6(2) is punishable by effective, proportionate and dissuasive criminal, or where relevant non-criminal sanctions.
Amendment 328 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall take the necessary measures to ensure that sanctions or measures for legal persons liable pursuant to Article 6(1) and 6(2) for the offences referred to in Articles 3 and 4 are subject to criminal or, where relevant non-criminal fines and may be subject to additional criminal, or where relevant non-criminal sanctions or measures which shall include:
Amendment 330 #
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
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 335 #
Proposal for a directive
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(b a) obligation to engage in or finance activities that contribute to the conservation and/ or preservation of the environment;
Amendment 336 #
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) permanent exclusion from entitlement to public benefits or aid;
Amendment 338 #
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) temporary or permanent exclusion from access to public funding, including tender procedures, grants and concessions;
Amendment 342 #
Proposal for a directive
Article 7 – paragraph 2 – point j
Article 7 – paragraph 2 – point j
Amendment 344 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 347 #
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 512% of the total average worldwide turnover of the legal person [/undertaking] in the three business years preceding the fining decisdetection of the offence. Alternatively, where the worldwide turnover as referred to in the first subparagraph is negative, equals to zero or is inexplicably low, the maximum limit of the fine shall not be less than an amount corresponding to EUR 100 million.
Amendment 354 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 358 #
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6 a. Member States shall take the necessary measures to make sure that the level of the fines referred to in paragraph 4 is gradually increased for repeated infringements;
Amendment 360 #
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the offence caused the death of, or serious injury to, a person; the number of victims shall be taken into account;
Amendment 361 #
Proposal for a directive
Article 8 – paragraph 1 – point b
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 363 #
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(b a) the offence or the damage have a cross-border dimension;
Amendment 364 #
Proposal for a directive
Article 8 – paragraph 1 – point b b (new)
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 366 #
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 for the benefit of such organisation; _________________ 56 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, OJ L 300/42.
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 368 #
Proposal for a directive
Article 8 – paragraph 1 – point f
Article 8 – paragraph 1 – point f
(f) the offender committed similar previouspreviously committed infringements of environmental law;
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 378 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the offender restores natureinstates the environment to its previous condition, where such reinstatement is possible and where it has been carried out voluntarily and before the beginning of the criminal proceedings;
Amendment 381 #
Proposal for a directive
Article 10 – title
Article 10 – title
10 FSeizure, freezing and confiscation
Amendment 382 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall take the necessary measures to ensure, as appropriate, that their competent authorities may freeze orare able to identify, trace, seize, freeze and confiscate, in accordance with Directive 2014/42/EU of the European Parliament and of the Council58 , all the proceeds derived from and instrumentalities used or intended to be used in the commission or contribution to the commission of the offences as referred to in this Directive. _________________ 58 Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ L 127, 29.4.2014, p. 39).
Amendment 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 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 401 #
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) the offender is one of its nationals or habitual residents. or a legal person established on its territory;
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 408 #
Proposal for a directive
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. A Member State shall take the necessary measures and inform the Commission where it decides to extend its jurisdiction to offences referred to in Articles 3 and 4 which have been committed outside its territory, where:
Amendment 410 #
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
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 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 431 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Member States shall take the necessary measures to ensure that pending the investigation, prosecution or adjudication of the environmental offences referred to in Article 3 and 4, the competent authorities may adopt interim measures, including an environmental injunction, for immediate cessation of the illegal activity, if such an activity is still ongoing, in order to prevent further damages to the environment.
Amendment 433 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall ensure thatdesignate and regularly train a sufficient number of specialised staff within its national authorities which carry out inspections, detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff and, including through the establishment of dedicated specialised departments or units, and ensure that these national authorities have sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. Member States shall assign specialised judicial authorities for the adjudication of environmental crimes, or alternatively, ensure, at least, that general criminal courts provide for specialised environmental chambers.
Amendment 436 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall request those responsible for the training of judges, prosecutors, police, judicial staff and competent authorities’ staff involved in criminal proceedings and investigations to provide at regular intervals specialised training with respect toto ensure the effective achievement of the objectives of this Directive and appropriate to the functions of the involved staff and authorities. The specialised training shall also cover the practical use of investigative tools avialable to fight environmental crime, as referred to in Article 18 of this Directive, as well as effective cooperation between different competent authorities.
Amendment 438 #
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
Member States shall ensure that those responsible for these trainings have sufficient, stable and predictable finacing available for the regular organisation of the trainings.
Amendment 439 #
Proposal for a directive
Article 17 – paragraph 1 b (new)
Article 17 – paragraph 1 b (new)
The Commission shall, within a reasonable timeframe, take the necessary measures to ensure that the online training for law enforcement authorities provided by the European Union Agency for Law Enforcement Training (CEPOL) is available in all official EU languages in order to allow for the maximisation of the number of recipients of the training.
Amendment 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 447 #
Proposal for a directive
Article 19 – paragraph 1 – point e a (new)
Article 19 – paragraph 1 – point e a (new)
(e a) participating in joint training activities.
Amendment 448 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
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 453 #
Proposal for a directive
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. By [OP – please insert the date – wWithin one year after the entry into force of this Directive], Member States shall establish, publish and implement a national strategy on combating environmental criminal offences which as a minimum shall address the following:
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 456 #
Proposal for a directive
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the number of environmental crime cases investigated, prosecuted and adjudicated;
Amendment 457 #
Proposal for a directive
Article 21 – paragraph 2 – point c
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 463 #
Proposal for a directive
Article 24 a (new)
Article 24 a (new)
Article 24 a Guidelines Commission shall provide Member States with individual guidance as well as with collective guidelines and recommendations on the aspects of the Directive where it deems necessary to ensure correct, consistent and coherent transposition of this Directive at Member State level, with specific attention to the sanctions and penalties levels referred to in Article 5 and 7 with the aim of preventing the phenomenon of forum shopping by the offenders.
Amendment 464 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission shall by [OP – please insert the date - two years after the transposition period is over], and every three years thereafter submit a report to the European Parliament and to the Council assessing the extent to which the Member States have taken the necessary measures to comply with this Directive. Member States shall provide the Commission with the necessary information for the preparation of that report. The Commission shall prepare the report based not only on the information provided by the Member States, but also based on its own scrutiny as well as based on public consultations involving relevant stakeholders, including civil society organisations, prosecutors, environmental protection agencies and competent authorities.
Amendment 466 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Every two years as of [OP – please insert the date one year after the transposition period is over], Member States shall send the Commission a report within three months which includes a summary about implementation of and actions taken in accordance with Articles 153 to 17, 19 and 2021. The Commission shall carry out its own scrutiny of the implementation and the actions taken in Member States.
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.