Activities of Franco ROBERTI related to 2021/0422(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC
Legal basis opinions (0)
Amendments (42)
Amendment 74 #
Proposal for a directive
Recital 1
Recital 1
(1) According to Article 3(3) of the Treaty on European Union (TEU) and Article 191 of the Treaty on the Functioning of the European Union (TFEU), the Union is committed to ensuring a high level of protection and improvement of the quality of the environment, based on the precautionary principle, on the principle that preventive action should be taken and that the polluter should pay.
Amendment 81 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Environmental crime is currently the fourth largest source of income for organized crime after drugs, weapons and human trafficking.
Amendment 94 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to constitute an environmental offence under this Directive, conduct should be unlawful under Union law protecting the environment or national laws, administrative regulations or decisions giving effect to that Union law. The conduct which constitutes each category of criminal offence should be defined and, where appropriate, a threshold which needs to be met for the conduct to be criminalised should be set. Such conduct should be considered a criminal offence when committed intentionally and, in certain cases, also when committed with serious negligence. Illegal conduct that causes death or serious injury of persons, substantial damage or a considerable risk of substantial damage for the environment or is considered otherwise as particularly harmful to the environment constitutes a criminal offence when committed with serious negligence. Member States remain free to adopt or maintain more stringent criminal law rules in that area.
Amendment 110 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Ecocide refers to the process of environmental or ecological destruction and means unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts. It can be linked to unlawful economic activity, unsocial behaviour, disrespect of human rights, war crimes, excessive pollution, destruction of biodiversity or wilful and severe actions aggravating climate change beyond the enshrined limits according to the Paris agreement.
Amendment 141 #
Proposal for a directive
Recital 24
Recital 24
(24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, peopleindividuals or organisations from the civil society 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 162 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) With a view to closer cooperation between Member States on environmental crime, it is necessary to extend the mandate of the European Public Prosecutor's Office (EPPO) to cover the criminal offences defined in this Directive. The EPPO, which has its own powers and authority to coordinate investigations and prosecutions in cross- border cases, is currently the Union body best placed to deal with the most serious environmental crimes with a cross-border dimension. An extension of the mandate of the EPPO to cover serious environmental crime with a cross-border dimension by a decision of the European Council in accordance with Article 86(4) TFEU is therefore necessary. The EPPO would thus be able to deal with crimes with a cross-border dimension for which the strengthening of the criminal response is unlikely to be achieved through the traditional channels of judicial cooperation. In order to fulfil this new and broader task, EPPO needs adequate resources and funding targeted at environmental crime. The review of Directive (EU) 2017/1371 should propose the inclusion of environmental crimes to the criminal offences covered by that Directive and the review of Regulation (EU) 2017/1939 an extension of the EPPO’s mandate to cover serious environmental crimes.
Amendment 183 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘public concerned’ means the persons affected or likely to be affected by the offences referred to in Articles 3 or 4. For the purposes of this definition, persons having a sufficient interest or maintaining the impairment of a right as well as non- governmental organisationsnon- profit organisations and associations to which, prior to the commission of the fact for which one proceeds, have been recognised, by virtue of the law, purposes of protecting the interests affected by the crime, promoting the protection of the environment and meeting any proportionate requirements under national law shall be deemed to have an interest;
Amendment 189 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
Amendment 192 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
(5b) ‘polluter pays principle’ means that polluters should bear the costs of their pollution or environmental damage, including the cost of measures taken to prevent, control and remedy pollution, as well as the costs the polluters impose on society;
Amendment 193 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 c (new)
Article 2 – paragraph 1 – point 5 c (new)
(5c) ‘wanton’ means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated;
Amendment 194 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 d (new)
Article 2 – paragraph 1 – point 5 d (new)
(5d) ‘ecocide’ means unlawful or wanton acts committed with the knowledge that there is a substantial likelihood that those acts cause a severe and either wide-spread or long-term damage to the environment.
Amendment 195 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 e (new)
Article 2 – paragraph 1 – point 5 e (new)
(5e) ‘One Health Approach’ means an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent;
Amendment 196 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 f (new)
Article 2 – paragraph 1 – point 5 f (new)
(5f) 'widespread' means damage which extends beyond a limited geographic area, crosses state boundaries, or is suffered by an entire ecosystem or species or a large number of human beings;
Amendment 197 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 g (new)
Article 2 – paragraph 1 – point 5 g (new)
(5g) 'long-term' means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time;
Amendment 203 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the traffic, discharge, emission or introduction of a quantity of materials or substances or ionising radiation into air, soil or water which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 227 #
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) the collection, transport, recovery, treatment or disposal of waste, the supervision of such operations and the after-care of disposal sites, including action taken as a dealer or a broker (waste management), when an unlawful conduct:
Amendment 272 #
Proposal for a directive
Article 3 – paragraph 1 – point r a (new)
Article 3 – paragraph 1 – point r a (new)
Amendment 274 #
Proposal for a directive
Article 3 – paragraph 1 – point r b (new)
Article 3 – paragraph 1 – point r b (new)
(rb) the significant harm of the environment in case of public or private investments when severely disrespecting the 'do no significant harm' principle within the meaning of Article 17 of the Taxonomy regulation;
Amendment 276 #
Proposal for a directive
Article 3 – paragraph 1 – point r c (new)
Article 3 – paragraph 1 – point r c (new)
(rc) the environmental damage to forests, including through committing forest fires intentionally or due to a lack of due diligence and the disrespect of the sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels in Article 29 of (RED III - recast);
Amendment 278 #
Proposal for a directive
Article 3 – paragraph 1 – point r d (new)
Article 3 – paragraph 1 – point r d (new)
(rd) the violation of standards as set in the Corporate Sustainability Due Diligence Directive (2022/0051(COD));
Amendment 279 #
Proposal for a directive
Article 3 – paragraph 1 – point r e (new)
Article 3 – paragraph 1 – point r e (new)
(re) the damage of the environment as defined in Directive 2004/35/CE on environmental liability with regard to the prevention and remedying of environmental damage;
Amendment 294 #
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Article 3 – paragraph 3 – point e a (new)
(ea) non negligible quantity, negligible quantity/impact,
Amendment 296 #
Proposal for a directive
Article 3 – paragraph 3 – point e b (new)
Article 3 – paragraph 3 – point e b (new)
(eb) dangerous activity1a; _________________ 1a Justification: dangerous activity is different to severity as a damage can be severe without having been produced by a dangerous activity. Where an activity is dangerous it has been committed wilfully and with criminal intent.
Amendment 298 #
Proposal for a directive
Article 3 – paragraph 3 – point e c (new)
Article 3 – paragraph 3 – point e c (new)
Amendment 310 #
Proposal for a directive
Article 3 – paragraph 5 – point d a (new)
Article 3 – paragraph 5 – point d a (new)
(da) the polluter pays principle.
Amendment 312 #
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. For the offences mentioned in this Article and in line with Article25(3), Member States shall continuously ensure that new and updated legislation at Union, national and regional level regarding these offences is duly taken into account.
Amendment 327 #
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), (r) are punishable by a maximum term of imprisonment of at least sixeight years.
Amendment 332 #
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 foursix years.
Amendment 364 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) a power of representation of the legal person; and/or
Amendment 367 #
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) an authority to take decisions on behalf of the legal person; and/or
Amendment 371 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall also ensure that legal persons can be held liable where the lack of supervision or control, if applicable, throughout its entire supply chain, by a person referred to in paragraph 1 has made possible the commission of an offence referred to in Articles 3 and 4 for the benefit of the legal person by a person under its authority.
Amendment 374 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. Member States shall ensure that the responsible corporate officer is always the Chief executive officer or other Senior management officials, whether or not sharing the responsibility with the elected board.
Amendment 376 #
Proposal for a directive
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3 b. Member States shall prohibit the trading of corporate liability for individual liability.
Amendment 405 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by fines, the maximum limit of which shall be not less than 15% of the average total worldwide turnover of the legal person [/undertaking] in the three business years preceding the fining decision.
Amendment 413 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by fines, the maximum limit of which shall be not less than 315% of the average total worldwide turnover of the legal person [/undertaking] in the three business years preceding the fining decision.
Amendment 436 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the offender restorestakes steps to prevent the illegal activity from leading to further consequences or provides for the safety, remediation and, where possible, restores the nature to its previous condition before the trial begins;
Amendment 515 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall ensure that, in accordance with their national legal system, members of the public concerned have appropriate rights to participate in proceedings concerning offences referred to in Articles 3 and 4, for instance as a civil party.
Amendment 575 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission shall by [OP – please insert the date - two years after the transposition period is over] and every two years thereafter, submit a report to the European Parliament and to the Council assessing the extent to which the Member States have taken the necessary measures to comply with this Directive and providing recommendations to Member States. Member States shall provide the Commission with the necessary information for the preparation of that report.
Amendment 580 #
Proposal for a directive
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3 a. By one year after the entry into force of this Directive, the Commission shall present a report on homogeneous and harmonised classification of environmental crimes prepared with the Member States and a regulatory classification of sanctions adapted to provide guidance to national competent authorities, prosecutors and judges in the application of the sanctions provided for in this Directive.
Amendment 582 #
Proposal for a directive
Article 25 – paragraph 3 b (new)
Article 25 – paragraph 3 b (new)
3 b. 3 b (new). By one year after the entry into force of this Directive, notwithstanding Article 119 of Regulation 2017/1939, the Commission shall produce a report on extending the powers of the European Public Prosecutor's Office provided for in Article 86 of the Treaty on the Functioning of the European Union to include serious environmental crimes that are detrimental to the interests of the Union. The European Public Prosecutor's Office would thus be empowered to request independent investigations and to initiate legal proceedings in respect of environmental damage and environmental crime on a European scale. The report shall assess how the powers of the European Public Prosecutor’s Office should be extended to serious environmental crimes. The report shall be accompanied by a legislative proposal for a revision of Directive 2017/1371 to include environmental crimes to the criminal offences covered by the Directive and an extension of the EPPO’s mandate to cover serious environmental crimes.
Amendment 585 #
Proposal for a directive
Article 25 – paragraph 3 c (new)
Article 25 – paragraph 3 c (new)
3 c. By one year after the entry into force of this Directive, the Commission shall present guidelines to clarify the procedural framework for the participation of members of the public in the criminal prosecution of environmental offences, including the definition of easily accessible admissibility criteria.
Amendment 587 #
Proposal for a directive
Article 25 – paragraph 3 d (new)
Article 25 – paragraph 3 d (new)
3 d. By two years after the entry into force of this Directive, the Commission shall present a report on how environmental crime negatively impacts upon the environment, One Health and the exceedance of planetary boundaries.