9 Amendments of Ernő SCHALLER-BAROSS related to 2021/0422(COD)
Amendment 112 #
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. Minimum levels for the maximum term of imprisonment may be achieved by national law as a sanction for a single criminal offence, for an aggravated offence or for a combination of concurrent applicable criminal offences. Accessory sanctions are often seen as being more effective than financial sanctions especially for legal persons. Additional sanctions or measures should be therefore available in criminal proceedings. These should include the obligation to reinstate the environment, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases.
Amendment 115 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) The criminal law systems of all Member States include provisions on manslaughter, whether it is committed intentionally or by gross negligence. Member States should be able to rely on these provisions when transposing the provisions of this Directive on offences that cause the death of any person, whether committed intentionally or by gross negligence. In this context, gross negligence describes a particularly serious breach of duty of care.
Amendment 266 #
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) production, placing on the market, import, export, use, emission or release of ozone depleting substances as defined in Article 3 (4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council54 or of products and equipment containing or relying on such substances, which cause substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 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 269 #
Proposal for a directive
Article 3 – paragraph 1 – point r
Article 3 – paragraph 1 – point r
(r) production, placing on the market, import, export, use, emission or release of fluorinated greenhouse gases as defined in Article 2 (1) of Regulation 517/2014 of the European Parliament and of the Council55 or of products and equipment containing or relying on such gases, which cause substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants. _________________ 55 Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (OJ L 150, 20.5.2014, p. 195– 230).
Amendment 328 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 333 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take the measures necessary measures to ensure that the offences referred to in Article 3(1) points (kf), (l), (m), (o),g) and (k) to (pr) are punishable by a maximum term of imprisonment of at least fourthree years.
Amendment 415 #
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), (q), (r) are punishable by fines, the maximum limit of which shall be not less than 3% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 417 #
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. Where their national law does not allow the level of fines to be determined using a percentage of the total worldwide turnover of the legal person in similar cases, Member States may, as regards the criminal or non-criminal fines referred to in Article 7(4) and (5), use other methods to set a maximum limit and the level of a fine, provided that the result is proportionate to the severity of the conduct and to the individual, financial and other situation of the legal person concerned.
Amendment 514 #
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.