BETA

74 Amendments of Marisa MATIAS related to 2021/0422(COD)

Amendment 156 #
Proposal for a directive
Recital 9 a (new)
(9a) The gravest forms of environmental crime should be recognised as ecocide, as an international crime under the Rome Statute of the ICC, and in this Directive;
2022/06/13
Committee: ENVI
Amendment 167 #
Proposal for a directive
Recital 12
(12) In criminal proceedings and trials, due account should be taken of the involvement of organised criminal groups operating in ways that negatively impact the environment. Criminal proceedings should address corruption, money laundering, cyber-crime and document fraud and – in relation to business activities – the intention of the offender to maximise profits or save expenses, where these occur in the context of environmental crime. These crime forms are often interconnected with serious environmental crime forms and should therefore not be dealt with in isolation. In this respect, it is of particular concern that some environmental crimes are committed with the tolerance or active support of the competent administrations or officials performing his/their public duty. In certain cases this can even take the form of corruption. Examples of such behaviours are turning a blind eye or remaining silent on the infringement of laws protecting the environment following inspections, deliberately omitting inspections or controls for example with regard to whether the conditions of a permit are being respected by the permit-holder, resolutions or votes in favour of granting illegal licences or issuing falsified or untrue favourable reports.
2022/06/13
Committee: ENVI
Amendment 230 #
Proposal for a directive
Article 1 – paragraph 1
This Directive establishes minimum measures to combat environmental crime and minimum rules concerning the definition of criminal offences and sanctions in order to protect the environment more effectively.
2022/06/13
Committee: ENVI
Amendment 232 #
(a) Union legislation, which irrespective of its legal basis contributes to the pursuit of the objectives of Union policy of protecting the environment and the welfare of animals as set out in the Treaty on the Functioning of the European Union;
2022/06/13
Committee: ENVI
Amendment 237 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
(b) a law, an administrative act or regulation of a Member State or a decision taken by a competent authority of a Member State that gives effect to the Union legislation referred to in point (a).
2022/06/13
Committee: ENVI
Amendment 243 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
(2) ‘habitat within a protected site’ means any habitat of species for which an area is classified as a special protection area pursuant to Article 4(1) or (2) of Directive 2009/147/EC of the European Parliament and of the Council30 , or any natural habitat or a habitat of species for which a site is designated as a special area of conservation pursuant to Article 4(4) of Council Directive 92/43/EEC31 or which is inscribed on the UNESCO World Heritage list; _________________ 30 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). 31 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).
2022/06/13
Committee: ENVI
Amendment 247 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
(3) ‘legal person’ means any legal entity having such status under the applicable national law, except for States or public bodies exercising from a Member State or au thority and for public international organisationsird country;
2022/06/13
Committee: ENVI
Amendment 250 #
Proposal for a directive
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 sufficientn 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;
2022/06/13
Committee: ENVI
Amendment 255 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘placing on the market’ has the meaning attributed to it in Article 3 (12) of Regulation (EC) No 1907/20061a, in Article 3 (9) of Regulation (EC) No 1107/20092a, in Article 3 (1) (j) of Regulation (EU) No 528/20123a, in Article 2(b) of Regulation (EU) No 995/20104a, in Article 3 (20) of Regulation (EC) No 1005/20095a, Article 2 (10) of Regulation (EU) No 517/20146a of the European Parliament and of the Council, and Article 2 (10) of Regulation [OP please insert the number of the 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]7a of the European Parliament and of the Council. For the purposes of this definition, it also covers the placing on the market occurring online. _________________ 1a Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1). 2a Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1). 3a Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products Text with EEA relevance (OJ L 167, 27.6.2012, p. 1). 4a 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 Text with EEA relevance (OJ L 295, 12.11.2010, p. 23). 5a Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (Text with EEA relevance) (OJ L 286, 31.10.2009, p. 1). 6a 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 Text with EEA relevance (OJ L 150, 20.5.2014, p. 195). 7a Proposal for a Regulation of the European Parliament and of the Council 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, 2021/0366(COD)
2022/06/13
Committee: ENVI
Amendment 264 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
(5b) ‘wanton’ means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated;
2022/06/13
Committee: ENVI
Amendment 267 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 c (new)
(5c) ‘severe’ means damage which involves very serious adverse changes, disruption or harm to any element of the environment, including grave impacts on human or animal life, or natural, cultural or economic resources;
2022/06/13
Committee: ENVI
Amendment 270 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 d (new)
(5d) ‘long-term damage’ means damage which is irreversible or which cannot be repaired through natural recovery within a reasonable period of time;
2022/06/13
Committee: ENVI
Amendment 272 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 e (new)
(5e) ‘environment’ means the earth, its biosphere, cryosphere, lithosphere, hydrosphere and atmosphere, as well as outer space, including the integrity of all the biotic and abiotic elements of an ecosystem, their functions, services and mutual interactions and the Earth’s planetary boundaries.
2022/06/13
Committee: ENVI
Amendment 279 #
Proposal for a directive
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; , including inter alia these actions when they are not compliant with Directive 2000/60/EC of the European Parliament and of the Council1a, Council Directive 91/676/EEC2a, Directive 2008/50/EC3a of the European Parliament and of the Council, Directive 2004/107/EC4a of the European Parliament and of the Council, Directive 2009/128/EC5a of the European Parliament and of the Council; _________________ 1a Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1–73) 2a Council Directive of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (91/676/EEC)(OJ L 375, 31.12.1991, p. 1–8) 3a Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1– 44) 4a Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (OJ L 23, 26.1.2005, p. 3–16) 5a Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71–86)
2022/06/13
Committee: ENVI
Amendment 286 #
Proposal for a directive
Article 3 – paragraph 1 – point c – introductory part
(c) the manufacture, placing on the market or use of substances, whether on their own, in mixtures or in articles, including their use in production processes and their incorporation into articles, when:
2022/06/13
Committee: ENVI
Amendment 288 #
Proposal for a directive
Article 3 – paragraph 1 – point c – point iii
(iii) this activity is not in compliance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council34 ; or _________________ or with Regulation (EC) No 396/20051a of the European Parliament and of the Council; or _________________ 1a Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1–16) 34 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC, (OJ L 309, 24.11.2009, p. 1–50).
2022/06/13
Committee: ENVI
Amendment 289 #
Proposal for a directive
Article 3 – paragraph 1 – point c – point vi a (new)
(via) this activity is prohibited pursuant to Regulation (EC) No 1831/20031a of the European Parliament and of the Council or is not in compliance with Regulation (EU) 2019/62a of the European Parliament and of the Council, _________________ 1a Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition, OJ L 268, 18.10.2003, p. 29–43 2a Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC, OJ L 4, 7.1.2019, p. 43–167
2022/06/13
Committee: ENVI
Amendment 294 #
and it causes or is likely to cause death or serious injury to any person or substantialharm to human health or damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
2022/06/13
Committee: ENVI
Amendment 306 #
Proposal for a directive
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).
2022/06/13
Committee: ENVI
Amendment 315 #
Proposal for a directive
Article 3 – paragraph 1 – point h
(h) the ship-source discharges of polluting substances as defined in Article3(2) of Directive 2008/56/EC1a and/or 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, unless repeated cases by the same offender in conjunction result in deterioration in the quality of water; _________________ _________________ 1a Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19). 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).
2022/06/13
Committee: ENVI
Amendment 326 #
Proposal for a directive
Article 3 – paragraph 1 – point k a (new)
(ka) committing a serious infringement within the meaning of Article 90 of Regulation (EC) No 1224/20091a of the European Parliament and of the Council; _________________ 1a Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).
2022/06/13
Committee: ENVI
Amendment 329 #
Proposal for a directive
Article 3 – paragraph 1 – point l
(l) the killing, destruction, taking of, possession, sale or offering for sale of a specimen or specimens of wild fauna or flora species listed in Annexes II, 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).
2022/06/13
Committee: ENVI
Amendment 335 #
Proposal for a directive
Article 3 – paragraph 1 – point m
(m) trading in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A, B and B, limitedly to imports, in Annex C 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).
2022/06/13
Committee: ENVI
Amendment 338 #
Proposal for a directive
Article 3 – paragraph 1 – point n
(n) the placing or making available on the Union market 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).
2022/06/13
Committee: ENVI
Amendment 345 #
Proposal for a directive
Article 3 – paragraph 1 – point o
(o) any conduct which causes the deterioration of a habitat within a protected site or the significant 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;
2022/06/13
Committee: ENVI
Amendment 364 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
1a. Member States shall ensure that any conduct, irrespective of its lawfulness under a law, an administrative act or regulation of a Member State, also constitutes a criminal offence when it is committed in the awareness that it causes or is likely to cause human rights violations or substantial damage to the environment;
2022/06/13
Committee: ENVI
Amendment 369 #
Proposal for a directive
Article 3 – paragraph 2
2. Member States shall ensure that the conduct referred to in paragraph 1, points (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p) (ii), (q), (r) also constitutes a criminal offence, when committed with at least serious negligence.
2022/06/13
Committee: ENVI
Amendment 374 #
Proposal for a directive
Article 3 – paragraph 3 – introductory part
3. Member States shall ensure that their national legislation specifies that 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), (l), (m) and (p):
2022/06/13
Committee: ENVI
Amendment 379 #
Proposal for a directive
Article 3 – paragraph 3 – point d a (new)
(da) the duration of the infringement or non-compliance;
2022/06/13
Committee: ENVI
Amendment 380 #
Proposal for a directive
Article 3 – paragraph 3 – point d b (new)
(db) the conservation status of and trend regarding the species, population or habitat affected;
2022/06/13
Committee: ENVI
Amendment 381 #
Proposal for a directive
Article 3 – paragraph 3 – point d c (new)
(dc) the scale of financial benefits gained by committing the offence;
2022/06/13
Committee: ENVI
Amendment 389 #
Proposal for a directive
Article 3 – paragraph 4 – point a
(a) the conduct relates to an activity which is considered as risky or dangerous, requires an authorisation which was not obtained, updated or complied with;
2022/06/13
Committee: ENVI
Amendment 390 #
Proposal for a directive
Article 3 – paragraph 4 – point b a (new)
(ba) the duration of the infringement or non-compliance;
2022/06/13
Committee: ENVI
Amendment 400 #
Proposal for a directive
Article 3 – paragraph 5 – point c a (new)
(ca) whether the offender has committed prior infringements;
2022/06/13
Committee: ENVI
Amendment 412 #
Proposal for a directive
Article 3 a (new)
Article 3 a Ecocide Member States shall adopt a new offence of ecocide for the most serious violations under Article 3, namely, unlawful or wanton conduct committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by this conduct.
2022/06/13
Committee: ENVI
Amendment 413 #
Proposal for a directive
Article 4 – paragraph 1
1. Member States shall ensure that inciting, and aiding and abetting the commission of any of the criminal offences referred to in Article 3(1) and the ecocide referred to in Article 3a are punishable as criminal offences.
2022/06/13
Committee: ENVI
Amendment 419 #
Proposal for a directive
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), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p) (ii), (q), (r) when committed intentionally is punishable as a criminal offence.
2022/06/13
Committee: ENVI
Amendment 423 #
Proposal for a directive
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that the offences referred to in Articles 3, 3a and 4 are punishable by effective, proportionate and dissuasive criminal penalties.
2022/06/13
Committee: ENVI
Amendment 447 #
Proposal for a directive
Article 5 – paragraph 5 – point b
(b) finesvariable fines, proportionate to the financial benefits (intended to be) gained by committing the offence and high enough to have a deterrent effect;
2022/06/13
Committee: ENVI
Amendment 451 #
Proposal for a directive
Article 5 – paragraph 5 – point c
(c) temporary or permanent exclusions from access to public funding, including tender procedures, grants and concessions, including in other Member States;
2022/06/13
Committee: ENVI
Amendment 453 #
Proposal for a directive
Article 5 – paragraph 5 – point d
(d) disqualification from directing establishments of the type used for committing the offence, including in other Member States;
2022/06/13
Committee: ENVI
Amendment 454 #
Proposal for a directive
Article 5 – paragraph 5 – point e
(e) withdrawal of permits and authorisations to pursue activities which have resulted in committing the offence, including in other (parts of the) Member States;
2022/06/13
Committee: ENVI
Amendment 457 #
Proposal for a directive
Article 5 – paragraph 5 – point e a (new)
(ea) lifelong prohibition on working with and owning animals;
2022/06/13
Committee: ENVI
Amendment 460 #
Proposal for a directive
Article 5 – paragraph 5 – point g a (new)
(ga) reimbursement of costs made by third parties who have investigated, reported or sued the offender;
2022/06/13
Committee: ENVI
Amendment 463 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that legal persons can be held liable for offences referred to in Articles 3, 3a and 4 where such offences have been committed for their benefit by any person who has a leading position within the legal person, acting either individually or as part of an organ of the legal person, based on:
2022/06/13
Committee: ENVI
Amendment 476 #
Proposal for a directive
Article 7 – paragraph 2 – point a
(a) criminal or non-criminal finesvariable fines, proportionate to the financial benefits (intended to be) gained by committing the offence and high enough to have a deterrent effect;
2022/06/13
Committee: ENVI
Amendment 479 #
Proposal for a directive
Article 7 – paragraph 2 – point c
(c) exclusion from entitlement to public benefits or aid, including in other Member States;
2022/06/13
Committee: ENVI
Amendment 481 #
Proposal for a directive
Article 7 – paragraph 2 – point d
(d) temporary exclusion from access to public funding, including tender procedures, grants and concessions, including in other Member States;
2022/06/13
Committee: ENVI
Amendment 482 #
Proposal for a directive
Article 7 – paragraph 2 – point e
(e) temporary or permanent disqualification from the practice of business activities, including in other Member States;
2022/06/13
Committee: ENVI
Amendment 485 #
Proposal for a directive
Article 7 – paragraph 2 – point g a (new)
(ga) lifelong prohibition on working with and owning animals;
2022/06/13
Committee: ENVI
Amendment 488 #
Proposal for a directive
Article 7 – paragraph 2 – point j a (new)
(j a) reimbursement of costs made by third parties who have investigated, reported or sued the offender;
2022/06/13
Committee: ENVI
Amendment 496 #
Proposal for a directive
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 25% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
2022/06/13
Committee: ENVI
Amendment 503 #
Proposal for a directive
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 3% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.deleted
2022/06/13
Committee: ENVI
Amendment 513 #
Proposal for a directive
Article 8 – paragraph 1 – point -a (new)
(-a) the offence is considered as ecocide, as referred to in Article 3a;
2022/06/13
Committee: ENVI
Amendment 514 #
Proposal for a directive
Article 8 – paragraph 1 – point a
(a) the offence caused the death of, or serious injury to, a person or animal;
2022/06/13
Committee: ENVI
Amendment 515 #
Proposal for a directive
Article 8 – paragraph 1 – point a a (new)
(aa) the offence caused the unnecessary and avoidable suffering of animal;
2022/06/13
Committee: ENVI
Amendment 518 #
Proposal for a directive
Article 8 – paragraph 1 – point b
(b) the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem;
2022/06/13
Committee: ENVI
Amendment 524 #
Proposal for a directive
Article 8 – paragraph 1 – point d
(d) the offence involved the use of false or forged documents or corruption;
2022/06/13
Committee: ENVI
Amendment 527 #
Proposal for a directive
Article 8 – paragraph 1 – point e
(e) the offence was committed by a public official when performing his/their duties;
2022/06/13
Committee: ENVI
Amendment 530 #
Proposal for a directive
Article 8 – paragraph 1 – point f
(f) the offender committed similar previous infringements of environmental law;
2022/06/13
Committee: ENVI
Amendment 544 #
Proposal for a directive
Article 9 – paragraph 1 – point a
(a) the offender restores nature to its previous conditiona better quality or more favourable state of conservation than it was before the crime was committed;
2022/06/13
Committee: ENVI
Amendment 548 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Member States shall ensure that confiscated live animals are properly housed, fed and cared for, and shall ensure that the costs thereof are recovered from the offender;
2022/06/13
Committee: ENVI
Amendment 552 #
Proposal for a directive
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 commissiondiscovery of those criminal offences, in order for those criminal offences to be tackled effectively.
2022/06/13
Committee: ENVI
Amendment 557 #
Proposal for a directive
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 awith a limitation period of at least twenty years from the time when the offence was committed or discovered, when offences are punishable;
2022/06/13
Committee: ENVI
Amendment 560 #
Proposal for a directive
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 awith a limitation period of at least sixtwelve years from the time when the offence was committed or discovered, when offences are punishable;
2022/06/13
Committee: ENVI
Amendment 564 #
Proposal for a directive
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 awith a limitation period of at least foureight years from the time when the offence was committed or discovered, when offences are punishable.
2022/06/13
Committee: ENVI
Amendment 568 #
Proposal for a directive
Article 11 – paragraph 3
3. By way of derogation from paragraph 2, Member States may establish a limitation period that is shorter than ten years, but not shorter than four years, provided that the period may be interrupted or suspended in the event of specified acts.deleted
2022/06/13
Committee: ENVI
Amendment 601 #
Proposal for a directive
Article 13 – paragraph 2
2. Member States shall take the necessary measures to ensure that 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, including sufficient financial support.
2022/06/13
Committee: ENVI
Amendment 603 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
2 a. The Commission shall create a platform to enable persons to report environmental offences anonymously. This platform will also allow persons to inform about how the concerned Member States have dealt with the environmental offence. The Commission will actively follow up on serious allegations with the concerned Member States, and shall publish regularly on the received reports.
2022/06/13
Committee: ENVI
Amendment 611 #
Proposal for a directive
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.
2022/06/13
Committee: ENVI
Amendment 631 #
Proposal for a directive
Article 19 – paragraph 1 – point d a (new)
(da) the exchange of information on offenders to prevent that persons who committed environmental offences can resume their criminal activities in another (part of the) Member State
2022/06/13
Committee: ENVI
Amendment 642 #
Proposal for a directive
Article 20 – paragraph 1 – point f
(f) the procedures and mechanisms for data sharing and regular monitoring and evaluation of the results achieved;
2022/06/13
Committee: ENVI
Amendment 644 #
Proposal for a directive
Article 20 – paragraph 2
2. Member States shall ensure that the strategy is reviewed and updated at regular intervals no longer than 53 years, on a risk- analysis-based-approach, in order to take account of relevant developments and trends and related threats regarding environmental crime.
2022/06/13
Committee: ENVI
Amendment 646 #
Proposal for a directive
Article 21 – paragraph 2 – point c
(c) the average length of the criminal investigations of environmental crimes, as well as the maximum length;
2022/06/13
Committee: ENVI