26 Amendments of Cyrus ENGERER related to 2021/0422(COD)
Amendment 130 #
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 and therefore call for an appropriate and effective response. A better cross-border cooperation between competent authorities should be established in order to fight environmental crime.
Amendment 158 #
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. In order to quickly incorporate new criminal offences, any amendment of this Directive should only concern Article 3, and not include a complete amendment of the Directive.
Amendment 165 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The "One Health" approach recognises the interconnection between people, animals, plants, and their shared environment and is an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment (including ecosystems) are closely interlinked and inter-dependent.
Amendment 168 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Forests are an essential ally in the fight against climate change and biodiversity loss. They function as carbon sinks, and help to reduce the impacts of climate change, for example by cooling down cities, protecting them from heavy flooding, and reducing drought impact. Especially with regards to offences that create a spiral of severe environmental damages falling within the scope of the EU Biodiversity Strategy for 2030, presenting irreversible danger to the balance of whole ecosystems, such as illegal logging, committing forest fires and destruction of wildlife habitats or other offences against forests, should be taken into account as possible aggravating circumstances.
Amendment 171 #
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 202 #
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 218 #
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. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF), in their respective areas of competence. The mandate of EPPO should be extended to also cover serious environmental crimes with a cross-border dimension. In order to fulfil this new and broader task, EPPO needs adequate resources and funding.
Amendment 257 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) "severe" means damage which involves very serious adverse changes, disruption or harm to any element of the environment, including grave impacts on human life or natural, cultural or economic resources;
Amendment 258 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘environment’ means everything living including humans, animals and plants, and everything non-living including the atmosphere, the hydrosphere and the litosphere;
Amendment 260 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) "wanton" means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated;
Amendment 263 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
Amendment 265 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 c (new)
Article 2 – paragraph 1 – point 5 c (new)
(5c) "long-term" means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time;
Amendment 266 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 c (new)
Article 2 – paragraph 1 – point 5 c (new)
(5c) ‘ecocide’ means unlawful or wanton acts committed with the knowledge that there is a substantial likelihood that those acts cause a severe and either wide-spread or long-term damage to the environment.
Amendment 269 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 d (new)
Article 2 – paragraph 1 – point 5 d (new)
(5d) ‘One Health Approach’ means an integrated, unifying approach that aims to sustainably balance and optimize the health of people, animals and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent;
Amendment 359 #
Proposal for a directive
Article 3 – paragraph 1 – point r a (new)
Article 3 – paragraph 1 – point r a (new)
(ra) ecocide as severe disrespect of the European Climate Law, the biodiversity and the pollution legislation;
Amendment 360 #
Proposal for a directive
Article 3 – paragraph 1 – point r b (new)
Article 3 – paragraph 1 – point r b (new)
(rb) the significant harm of the environment in case of public or private investments when severely disrespecting the "do no significant harm" principle within the meaning of Article 17 of the Taxonomy regulation;
Amendment 361 #
Proposal for a directive
Article 3 – paragraph 1 – point r c (new)
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 363 #
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 405 #
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 410 #
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. 6. For the offences mentioned in this Article and in line with Article 25(3), Member states shall continuously ensure that new and updated legislation at EU, national and regional level regarding these offences is duly taken into account.
Amendment 494 #
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 in line with competition law rules, i.e. not less than 510% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 501 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 508 #
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. The maximum limit of fines shall be extended to 15% in cases of offences with aggravating circumstances as referred to in Article 8, and in the case of ecocide.
Amendment 632 #
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
Article 19(a) Extension of EPPO mandate The mandate of the European Public Prosecutor's Office (EPPO) shall be extended to cover serious environmental crimes with a cross-border dimension. EPPO shall support Member States, but also intervene in cases where the actions of Member States regarding environmental crimes are not sufficient.
Amendment 649 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that the statistical data as well as a consolidated review of their statistics isare regularly published.
Amendment 666 #
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. The Commission shall ensure that a regular update of criminal offences as outlined in Article 3 is secured.