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

28.3.2023 - (COM(2021)0851 – C9‑0466/2021 – 2021/0422(COD))Committee on Legal Affairs - ***I

(COM(2021)0851 – C9‑0466/2021 – 2021/0422(COD))Committee on Legal Affairs
Rapporteur: Antonius Manders

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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

(COM(2021)0851 – C9‑0466/2021 – 2021/0422(COD)(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2021)0851),

– having regard to Article 294(2) and Article 83(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0466/2021),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinions of the Committee on Development, of the Committee on the Environment, Public Health and Food Safety, of the Committee on Civil Liberties, Justice and Home Affairs and of the Committee on Petitions,

– having regard to the report of the Committee on Legal Affairs (A9-0087/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1

 

Proposal for a directive

Recital 1

Text proposed by the Commission	Amendment
(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.	(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. The environment should be protected in a wide sense covering all natural resources - air, water, soil, wild fauna and flora, including habitats - as well as services provided by natural resources, promoting measures at international level to deal with regional or worldwide environmental problems.

Amendment  2

 

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission	Amendment
	(1a) According to Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), Union policy on the environment is to be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. Considering that the impact of environmental crime affects also human rights, the fight against environmental crime should be a priority at Union level in order to ensure the protection of these rights.

Amendment  3

 

Proposal for a directive

Recital 2

Text proposed by the Commission	Amendment
(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.	(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. In just a few decades, environmental crime has become the fourth largest criminal sector in the world, growing two to three times faster than the global economy1a,1b and is now as lucrative as drug trafficking1c. Such offences pose a threat to the environment and therefore call for a proportionate, appropriate and effective response, requiring effective cross-border cooperation.
	__________________
	1a INTERPOL-UN Environment (2016), Strategic Report: Environment, Peace and Security, A Convergence of Threats.
	1b UNEP (2018), The State of knowledge of crimes that have serious impacts on the environment.
	1c Eurojust (2021), Rapport sur le travail d'Eurojust sur les crimes environnementaux.

Amendment  4

 

Proposal for a directive

Recital 3

Text proposed by the Commission	Amendment
(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. Compliance should be strengthened by the availability of criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties.	(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. Compliance should be strengthened by the availability of appropriate criminal penalties that are sufficiently dissuasive and commensurate with the seriousness of the offences, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties. In many Member States environmental offences do not fall within the framework of criminal law. Environmental criminal law should become a tool that is separate from administrative law and that complements such law to prevent unlawful conduct that damages the environment and that serves to deter such conduct.
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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).	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  5

 

Proposal for a directive

Recital 4

Text proposed by the Commission	Amendment
(4) The effective 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.	(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 targeted additional categories of offences based only on the most serious breaches of Union environmental law should be added. The Commission should carry out regular evaluations of the impact of this Directive and on the need to update the list of environmental criminal offences provided for in this Directive. Provisions on sanctions and penalties should be strengthened and adapted to the degree of severity and duration of the damage caused in order to enhance their deterrent and compensatory effect as well as the enforcement chain in charge of detecting, investigating, prosecuting and adjudicating environmental criminal offences.

Amendment  6

 

Proposal for a directive

Recital 6

Text proposed by the Commission	Amendment
(6) Member States should provide for criminal penalties in their national legislation in respect of serious infringements of provisions of Union law concerning protection of the environment. In the framework of the common fisheries policy, Union law provides for comprehensive set of rules for control and enforcement under Regulation (EC) No 1224/200921 and Regulation (EC) No 1005/2008 in case of serious infringements, including those that cause damage to the marine environment. Under this system the Member States have the choice between administrative and/or criminal sanctioning systems. In line with the Communication from the Commission on the European Green Deal22 and the EU Biodiversity Strategy for 203023 , certain intentional unlawful conduct covered under Regulation (EC) No 1224/2009 and Regulation (EC) 1005/200824 should be established as criminal offences.	deleted
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21 Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1–153).
22 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS The European Green Deal, COM/2019/640 final.
23 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS EU Biodiversity Strategy for 2030 Bringing nature back into our lives, COM/2020/380 final
24 Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999, (OJ L 286, 29.10.2008, p. 1–32).

Amendment  7

 

Proposal for a directive

Recital 7

Text proposed by the Commission	Amendment
(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.	(7) In order to constitute an environmental offence under this Directive, conduct should be unlawful under Union law protecting the environment, irrespective of its legal basis, 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 also when committed with serious negligence. Illegal conduct that causes death or serious harm to any person’s health, 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  8

 

Proposal for a directive

Recital 8

Text proposed by the Commission	Amendment
(8) A conduct should be considered unlawful also when it is carried out under an authorisation by a competent authority in a Member State if such authorisation was obtained fraudulently, or by corruption, extortion or coercion. Moreover, operators should take the necessary steps to comply with the legislative, regulatory and administrative provisions concerning the protection of environment applicable when they carry out the respective activity, including by complying with their obligations, as laid down in applicable EU and national laws, in procedures governing amendments or updates to existing authorisations.	(8) A conduct should be considered unlawful also when it is carried out under an authorisation by a competent authority in a Member State if such authorisation was obtained fraudulently, including in situations in which the authorisation holder knew or should have known that the conduct would cause foreseeable substantial environmental or health damage at the time when the authorisation was granted, or by corruption, extortion, coercion, or by any other unlawful conduct. Conduct should also be considered unlawful when it breaches a condition of authorisation. From the moment a conduct becomes unlawful, the perpetrator should not be allowed to invoke the issuance of an authorisation to avoid being held criminally liable. Moreover, operators should take the necessary steps to comply with the legislative, regulatory and administrative provisions concerning the protection of environment applicable when they carry out the respective activity, including by complying with their obligations, as laid down in applicable EU and national laws, in procedures governing amendments or updates to existing authorisations.

Amendment  9

 

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission	Amendment
	(8a) Despite the growing number of environmental crimes, a harmonised and accepted definition of what constitutes environmental crime does not yet exist at Union and national level. This Directive aims to provide a general framework by laying down an autonomous offence of environmental crime, in addition to the Union-wide common set of specific environmental offences which are defined by reference to breaches of relevant Union environmental sectoral legislation. In line with existing legislation in different national criminal law systems, Member States should criminalise autonomous categories of environmental offences.

Amendment  10

 

Proposal for a directive

Recital 8 b (new)

Text proposed by the Commission	Amendment
	(8b) Member States should criminalise the collection, transport, recovery or disposal of drug waste that causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants. That criminalisation should include the supervision of such operations, the after-care of disposal sites and action taken as a dealer or a broker in relation to waste management. The chemical industry is responsible for knowing where its products end up and how its products are used. In cases where there is reasonable suspicion that products are used illegally, or directly linked to drug criminality, the supply of products should be stopped immediately.

Amendment  11

 

Proposal for a directive

Recital 8 c (new)

Text proposed by the Commission	Amendment
	(8c) Legal persons should be understood as not including public international organisations, States or public bodies exercising State authority, unless national law allows for public bodies exercising State authority to be understood as included.

Amendment  12

 

Proposal for a directive

Recital 9

Text proposed by the Commission	Amendment
(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 - as well as services provided by natural resources.	deleted

Amendment  13

 

Proposal for a directive

Recital 10

Text proposed by the Commission	Amendment
(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.	(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 revised as soon as possible in order to add to the categories of criminal offences also the new serious breaches of Union environmental law, thereby, while fully respecting the principles of conferral, subsidiarity and proportionality as laid down in Article 5 TEU, in order to progress towards establishing a Union environmental criminal law code, which is necessary as environmental crime often has a cross-border dimension.

Amendment  14

 

Proposal for a directive

Recital 11

Text proposed by the Commission	Amendment
(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.	(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, where relevant, when assessing such thresholds by authorities which detect, 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 detection, investigation, prosecution or adjudication of criminal offences excessively difficult.

Amendment  15

 

Proposal for a directive

Recital 12

Text proposed by the Commission	Amendment
(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/her 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.	(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. The involvement of organised crime groups in an environmental offence, or the commission of an offence for the benefit of such groups, should be regarded as aggravating circumstances. 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/her 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. Considering the role that public authorities exert in preventing and addressing unlawful conduct, the commission of environmental crimes by public officials when performing their duties, or their involvement in such crimes, should be taken into account as an aggravating circumstance when determining the appropriate level of sanction.

Amendment  16

 

Proposal for a directive

Recital 13

Text proposed by the Commission	Amendment
(13) Inciting, and aiding and abetting the criminal offences committed intentionally should also be punishable. An attempt to commit a criminal offence that causes death or serious injury of a person, substantial damage to the environment or is likely to cause substantial damage to the environment or is otherwise considered particularly harmful should also constitute a criminal offence when committed intentionally.	(13) Inciting, and aiding and abetting the criminal offences committed intentionally should also be punishable. An attempt to commit a criminal offence that causes death or serious harm to any person’s health, substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants, or is likely to cause substantial damage to the environment or is otherwise considered particularly harmful should also constitute a criminal offence when committed intentionally.

Amendment  17

 

Proposal for a directive

Recital 14

Text proposed by the Commission	Amendment
(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. 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.	(14) Sanctions for the offences should be effective, dissuasive and proportionate. To this end, in the definition and application of sanctions, Member States should also take into account the financial benefits accrued by committing the offence, the level of the damage caused, as well as the potential for reinstatement or restoration of the environment and the costs involved in such reinstatement or restoration. Minimum levels for the maximum term of imprisonment should be set for natural persons. Accessory sanctions or measures are often seen as being more effective than financial sanctions especially for legal persons. Additional sanctions or measures should therefore be available in criminal proceedings in accordance with national legal systems. These should include the obligation to reinstate the environment, exclusion from access to public funding, including tender procedures, grants, concessions and licences and withdrawal of permits and authorisations and making sentences public. In cases where an offender is not in a capacity to reinstate or restore the environment, additional sanctions should be applicable. Sanctions should also include disqualification from functions and bans on running for elected or public office. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases.

Amendment  18

 

Proposal for a directive

Recital 15

Text proposed by the Commission	Amendment
(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 as 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.	(15) Legal persons should also be held criminally liable for environmental criminal offences according to this Directive, when they are perpetrators, instigators or accomplices in offences. 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 as laid down in this Directive in order to achieve its objectives. The severity and nature of the offence in terms of its scale and the irreversibility of the damage resulting from the offence as well as the financial situation of legal persons should be taken into account to ensure the proportionality and dissuasiveness of the sanction imposed.

Amendment  19

 

Proposal for a directive

Recital 15 a (new)

Text proposed by the Commission	Amendment
	(15a) It is important to proceed quickly with the establishment of robust Union rules for comprehensive due diligence. Therefore, additional sanctions for legal persons should include the obligation for companies to establish due diligence schemes for enhanced compliance with environmental standards.

Amendment  20

 

Proposal for a directive

Recital 16

Text proposed by the Commission	Amendment
(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.	(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 a person or serious harm to any person’s health, have been caused and where these elements are not already constituent for the criminal offence, or when an environmental criminal offence causes destruction or substantial and irreversible or long-lasting damage to an entire ecosystem, or the offence was committed in a protected area, such as an area under Natura 2000, or in an area where the offence is likely to have a significant effect in view of the conservation objectives for a protected site, these should be aggravating circumstances. When an environmental criminal offence causes severe and widespread, or severe and long-term, or severe and irreversible damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, to ecosystem services and functions, or to animals or plants, such offence should be considered a crime of particular gravity, and sanctioned as such in accordance with the legal systems of the Member States, covering ecocide, for which the United Nations are currently working on an official international definition. As the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals, these should be calculated as accurately as possible and taken into account when determining the appropriate level of sanctioning in the individual case.

Amendment  21

 

Proposal for a directive

Recital 17

Text proposed by the Commission	Amendment
(17) Where the crimes are of a continuing nature, they should be brought to an end as soon as possible. Where offenders have made financial gains, such gains should be confiscated.	(17) Where the crimes are of a continuing nature, they should be brought to an end as soon as possible. The competent judicial authorities should be entitled to order the immediate cessation of the unlawful conduct or to impose measures to prevent the execution of such conduct, in order to avert damage to the environment. Where offenders have made financial gains, such gains and other proceeds and instrumentalities should be confiscated and appropriately managed, in line with their nature, and, where possible, used to prevent environmental crime, finance restoration of the environment, remediation of any damage caused and compensation for the damage or harm caused by the unlawful conduct, in accordance with national law.

Amendment  22

 

Proposal for a directive

Recital 18 a (new)

Text proposed by the Commission	Amendment
	(18a) Notwithstanding the benefits of this Directive in improving legal coherence at Union level, the Union is still faced with regulatory fragmentation in this area and a lack of uniformity in legal and practical terms. The differences in implementation and application of Union rules regarding environmental crime and liability mean there is an absence of a level playing field for Union industry at present, and as a result the proper functioning of the internal market is being impaired. The Commission should, therefore, consider complementing this Directive with other policy fields which could be fully harmonised by means of a regulation. The Commission should also develop guidelines in order to assist the Member States in the preparation of harmonised, effective, dissuasive and proportionate sanctions.

Amendment  23

 

Proposal for a directive

Recital 18 b (new)

Text proposed by the Commission	Amendment
	(18b) In line with improving legal coherence at Union level and in order to ensure legal certainty, the Commission should, where necessary, propose to update the list of environmental criminal offences and corresponding new definitions set out in this Directive regularly.

Amendment  24

 

Proposal for a directive

Recital 20

Text proposed by the Commission	Amendment
(20) The obligations in this Directive to provide for criminal penalties should not exempt Member States from the obligation to provide for administrative sanctions and other measures in national law for breaches established in Union environmental legislation.	(20) The obligations in this Directive to provide for criminal penalties should not exempt Member States from the obligation to provide for effective, proportionate, dissuasive and deterrent administrative sanctions and other measures in national law for breaches established in Union environmental legislation.

Amendment  25

 

Proposal for a directive

Recital 22

Text proposed by the Commission	Amendment
(22) Furthermore, judicial and administrative authorities in the Member States should have at their disposal a range of criminal sanctions and other measures to address different types of criminal behaviour in a tailored and effective manner.	(22) Furthermore, judicial and administrative authorities in the Member States should have at their disposal a necessary and appropriate range of prevention methods, criminal penalties and sanctions, confiscation and other measures to address different types of criminal behaviour in a tailored, timely, proportionate and effective manner.

Amendment  26

 

Proposal for a directive

Recital 22 a (new)

Text proposed by the Commission	Amendment
	(22a) Legal persons convicted for criminal offenses listed in Articles 3 and 4 of this Directive should be temporarily removed from the Transparency Register established pursuant to the Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission. The judicial decisions resulting in such convictions should be made accessible in all the Member States and referred to the Union institutions in charge of the Transparency Register. Therefore, the Union institutions should adapt the Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency register to allow temporary removal of legal persons convicted for environmental crimes.

Amendment  27

 

Proposal for a directive

Recital 24

Text proposed by the Commission	Amendment
(24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, people 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 .	(24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, people and 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, human rights and 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.
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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).	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  28

 

Proposal for a directive

Recital 25

Text proposed by the Commission	Amendment
(25) Other persons may also possess valuable information concerning potential environmental criminal offences. They may be members of the community affected or members of society at large taking an active part in protecting the environment. Such persons who report environmental crimes as well as persons who cooperate with the enforcement of such offences should be provided the necessary support and assistance in the context of criminal proceedings, so that they are not disadvantaged for their cooperation but supported and assisted. These persons should also be protected from being harassed or unduly prosecuted for reporting such offences or their cooperation in the criminal proceedings.	(25) Other natural or legal persons may also possess valuable information concerning potential environmental criminal offences. They may include members of the community affected, civil society organisations, including non-governmental organisations, or members of society at large taking an active part in protecting the environment. Such persons who report environmental crimes as well as persons who cooperate with the enforcement of such offences should be provided the necessary protection, support and assistance in the context of criminal proceedings, so that they are not disadvantaged for their cooperation but supported and assisted. These persons should also be protected from being harassed or unduly prosecuted for reporting such offences or their cooperation in the criminal proceedings.

Amendment  29

 

Proposal for a directive

Recital 25 a (new)

Text proposed by the Commission	Amendment
	(25a) Member States should assess the need to create instruments in accordance with their national legal system to enable persons to report environmental offences anonymously, where such instruments do not yet exist.

Amendment  30

 

Proposal for a directive

Recital 25 b (new)

Text proposed by the Commission	Amendment
	(25b) As part of the EU Strategy on victim’s rights (2020-2025) the Commission, together with Member States, should work on improving the access of victims to compensation, including victims of environmental crimes. This could include, if necessary, setting up a national fund for victims’ compensation which could be financed, inter alia, through fines imposed for environmental offences and compensation for environmental damage provided for in this Directive and, where applicable, possibly through the proceeds derived from and instrumentalities used or intended to be used in the commission, or to contribute to the commission, of the offence, which have been confiscated in accordance with this Directive.

Amendment  31

 

Proposal for a directive

Recital 26 a (new)

Text proposed by the Commission	Amendment
	(26a) Comprehensive and effective prevention measures and dissuasive and proportionate criminal sanctions and penalties are important deterrents against environmental damage and environmental crime. In accordance with the ‘polluter pay’ principle, the polluter should bear the full costs of the environmental damage that it has caused. In addition, the revenues generated by targeted fines should be used to contribute to the cost of preventative measures, specialised training, investigative tools, and the funding of resources to detect, investigate, prosecute or adjudicate on environmental offences.

Amendment  32

 

Proposal for a directive

Recital 26 b (new)

Text proposed by the Commission	Amendment
	(26b) As a preventative measure, legal persons are encouraged to appoint an environmental compliance officer, to be in charge of record-keeping for the purpose of providing administrative or judicial authorities with information, for possible discovery procedures or subpoenas, to identify offenders and non-offenders. The actions of an environmental compliance officer, where appropriate, could be a mitigating factor when the officer provides the administrative or judicial authorities with information which they would not otherwise have been able to obtain, when legal persons are held liable for offences committed.

Amendment  33

 

Proposal for a directive

Recital 27

Text proposed by the Commission	Amendment
(27) Lack of resources and enforcement powers for national authorities which detect, investigate, prosecute or adjudicate environmental criminal offences creates obstacles for the effective prevention and punishment of environmental crimes. In particular, the shortage of resources is capable of preventing authorities from taking any action at all or limiting their enforcement actions, allowing offenders to escape liability or to receive punishment does not correspond to the gravity of the offence. Therefore, minimum criteria concerning resources and enforcement powers should be established.	(27) Lack of resources and enforcement powers for national authorities and other relevant authorities which detect, investigate, prosecute or adjudicate environmental criminal offences creates obstacles for the effective prevention and punishment of environmental crimes. In particular, the shortage of resources is capable of preventing authorities from taking any action at all or limiting their enforcement actions, allowing offenders to escape liability or to receive punishment does not correspond to the gravity of the offence. Therefore, minimum criteria concerning resources and enforcement powers should be established.

Amendment  34

 

Proposal for a directive

Recital 28

Text proposed by the Commission	Amendment
(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 assigning specialised investigation units, prosecutors and criminal judges to deal with environmental criminal cases. General criminal courts could provide for specialised chambers of judges. Technical expertise should be made available to all relevant enforcement authorities.	(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 and financial support 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, where appropriate and in accordance with national law, assign specialised investigation units, prosecutors and criminal judges to deal with environmental criminal cases and provide for specialised chambers of judges. Technical expertise and financial support should be made available to all relevant enforcement authorities.

Amendment  35

 

Proposal for a directive

Recital 30 a (new)

Text proposed by the Commission	Amendment
	(30a) Given the high financial impact of environmental offences, their potential link with other serious financial crimes, as well as their cross-border nature, the European Public Prosecutor's Office would be best placed to exercise its competences on the most serious environmental crimes with a cross-border dimension. The EPPO’s competences being currently limited to financial crimes, the Commission should precise in a report the possibility for an extension of the competences of the EPPO in cooperation with Eurojust to include serious cross-border environmental crimes, and the arrangements for such an extension.

Amendment  36

 

Proposal for a directive

Recital 32

Text proposed by the Commission	Amendment
(32) To effectively tackle the criminal offences referred to in this Directive, it is necessary that competent authorities in the Member States collect accurate, consistent and comparable data on the scale of and trends in environmental offences and the efforts to combat them and their results. These data should be used for preparing statistics to serve the operational and strategic planning of enforcement activities as well as for providing information to citizens. Member States should collect and report to the Commission relevant statistical data on environmental offences. The Commission should regularly assess and publish the results based on the data transmitted by the Member States.	(32) To effectively tackle the criminal offences referred to in this Directive, it is necessary that competent authorities in the Member States collect accurate, consistent and comparable data on the scale of and trends in environmental offences and the efforts to combat them and their results. These data should be used for preparing statistics to serve the operational and strategic planning of enforcement activities as well as for providing information to citizens. Member States should collect and report to the Commission, and make available online to the public, relevant statistical data on environmental offences, in particular specifying the sanctions imposed on the offenders. At Union level, the Commission should regularly assess and publish the results based on the data transmitted by the Member States.

Amendment  37

 

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission	Amendment
This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in order to protect the environment more effectively.	This Directive establishes minimum rules concerning the definition of environmental criminal offences and sanctions, as well as concerning the measures, means and resources necessary to prevent and combat environmental crime and to properly enforce the Union’s environmental law, in order to protect the environment more effectively.

Amendment  38

 

Proposal for a directive

Article 2 – paragraph 1 – point 1 – subparagraph 1 – point a

Text proposed by the Commission	Amendment
(a) Union legislation, which irrespective of its legal basis contributes to the pursuit of the objectives of Union policy of protecting the environment as set out in the Treaty on the Functioning of the European Union;	(a) Union law which contributes to the pursuit the objectives of Union policy of protecting the environment as set out in the Treaty on the Functioning of the European Union;

Amendment  39

 

Proposal for a directive

Article 2 – paragraph 1 – point 1 – subparagraph 1 – point b

Text proposed by the Commission	Amendment
(b) a law, an administrative 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).	(b) a law, an administrative regulation of a Member State or a decision taken by a competent authority of a Member State that gives effect to the Union law referred to in point (a).

Amendment  40

 

Proposal for a directive

Article 2 – paragraph 1 – point 1 – subparagraph 2

Text proposed by the Commission	Amendment
The conduct shall be deemed unlawful even if carried out under an authorisation by a competent authority in a Member State when the authorisation was obtained fraudulently or by corruption, extortion or coercion;	The conduct shall be deemed unlawful even if carried out under an authorisation by a competent authority in a Member State when the authorisation was obtained fraudulently or by corruption, extortion or coercion, or when such conduct breaches a condition of authorisation;

Amendment  41

 

Proposal for a directive

Article 2 – paragraph 1 – point 1 a (new)

Text proposed by the Commission	Amendment
	(1a) ‘severe’, for the purpose of Article 3 paragraph 1a, in relation to damage, means that such damage involves very serious adverse changes, disruption or harm to any element of the environment, including grave impacts on human life or natural resources;

Amendment  42

 

Proposal for a directive

Article 2 – paragraph 1 – point 1 b (new)

Text proposed by the Commission	Amendment
	(1b)  ‘widespread’, for the purpose of Article 3 paragraph 1a, in relation to damage, means that such damage 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  43

 

Proposal for a directive

Article 2 – paragraph 1 – point 1 c (new)

Text proposed by the Commission	Amendment
	(1c) ‘long-term’, for the purpose of Article 3 paragraph 1a, in relation to damage, means that such damage cannot be redressed through natural recovery within a reasonable period of time;

Amendment  44

 

Proposal for a directive

Article 2 – paragraph 1 – point 3

Text proposed by the Commission	Amendment
(3) ‘legal person’ means any legal entity having such status under the applicable national law, except for States or public bodies exercising State authority and for public international organisations;	(3) ‘legal person’ means any legal entity having such status under the applicable national law, except for States or public bodies exercising State authority and for public international organisations, unless national law allows for public bodies exercising State authority to be included;

Amendment  45

 

Proposal for a directive

Article 2 – paragraph 1 – point 4

Text proposed by the Commission	Amendment
(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 organisations promoting the protection of the environment and meeting any proportionate requirements under national law shall be deemed to have an interest;	(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 civil society organisations, including 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  46

 

Proposal for a directive

Article 2 – paragraph 1 – point 5 a (new)

Text proposed by the Commission	Amendment
	(5a) 'environmental damage' means serious harm to any person’s health, or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants, which is detrimental to anything that grows, blooms and lives, including but not limited to the damage as referred to in Article 2 of Directive 2004/35/CE;

Amendment  47

 

Proposal for a directive

Article 3 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) the 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;	(a) the discharge, emission or introduction of a quantity of materials or substances, energy, or ionising radiation into air, soil or water which causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants;

Amendment  48

 

Proposal for a directive

Article 3 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) the placing on the market of a product which, in breach of a prohibition or another requirement, causes or is likely to cause death or serious injury to any person or substantial damage to air, water or soil quality, or to animals or plants as a result of the product's use on a larger scale;	(b) the placing on the market or illegal trade, including online, of a product, the use of which, in breach of a prohibition or another requirement, causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, or animals or plants as a result of the product's use on a larger scale;

Amendment  49

 

Proposal for a directive

Article 3 – paragraph 1 – point c – introductory part

Text proposed by the Commission	Amendment
(c) the manufacture, placing on the market or use of substances, whether on their own, in mixtures or in articles, including their incorporation into articles, when:	(c) the manufacture, placing or making available on, import to and export from the Union market, including online, or use of substances, whether on their own, in mixtures or in articles, including their incorporation into articles, when:

Amendment  50

 

Proposal for a directive

Article 3 – paragraph 1 – point c – subparagraph 2

Text proposed by the Commission	Amendment
and it 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;	and it causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants;

Amendment  51

 

Proposal for a directive

Article 3 – paragraph 1 – point c a (new)

Text proposed by the Commission	Amendment
	(ca) any conduct in breach of the Regulation (EU) 2017/852 of the European Parliament and of the Council1a;
	__________________
	1a Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008 (OJ L 137, 24.5.2017, p. 1).

Amendment  52

 

Proposal for a directive

Article 3 – paragraph 1 – point c b (new)

Text proposed by the Commission	Amendment
	(cb) the deliberate release into the environment of, cultivation of and placing on the market of genetically modified organisms where such activities are illegal under Directive 2001/18/EC of the European Parliament and of the Council, Regulation (EC) No 1829/2003 of the European Parliament and of the Council and Directive 2009/41/EC of the European Parliament and of the Council and where such activities cause or are likely to cause substantial damage to the quality of air, the quality of soil or the quality of water or to biodiversity, ecosystem services and functions, animals or plants;

Amendment  53

 

Proposal for a directive

Article 3 – paragraph 1 – point e – introductory part

Text proposed by the Commission	Amendment
(e) the collection, transport, recovery 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:	(e) the collection, transport, treatment, recovery 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  54

 

Proposal for a directive

Article 3 – paragraph 1 – point e – point ii

Text proposed by the Commission	Amendment
(ii) concerns other waste than referred to in point (i) and 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;	(ii) concerns other waste than referred to in point (i) and causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants;

Amendment  55

 

Proposal for a directive

Article 3 – paragraph 1 – point h

Text proposed by the Commission	Amendment
(h) the ship-source discharges of 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, unless repeated cases by the same offender in conjunction result in deterioration in the quality of water;	(h) the ship-source discharges of polluting substances as defined in Article 3(8) of Directive 2008/56/EC 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 minor 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).	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  56

 

Proposal for a directive

Article 3 – paragraph 1 – point i

Text proposed by the Commission	Amendment
(i) the installation, operation or dismantling of an installation in which a dangerous activity is carried out or in which dangerous substances, preparations or pollutants are stored or used falling within the scope of Directive 2012/18/EU of the European Parliament and of the Council43 , Directive 2010/75/EU of the European Parliament and of the Council44 or Directive 2013/30/EU of the European Parliament and of the Council45 and 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;	(i) the installation, operation or dismantling of an installation in which a dangerous activity is carried out or in which dangerous substances, preparations or pollutants are stored or used falling within the scope of Directive 2012/18/EU of the European Parliament and of the Council43 , Directive 2010/75/EU of the European Parliament and of the Council44 or Directive 2013/30/EU of the European Parliament and of the Council45 and which causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants;
__________________	__________________
43 Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC Text with EEA relevance (OJ L 197, 24.7.2012, p. 1–37).	43 Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC Text with EEA relevance (OJ L 197, 24.7.2012, p. 1–37).
44 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17–119).	44 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17–119).
45 Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC (OJ L 178, 28.6.2013, p. 66–106).	45 Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC (OJ L 178, 28.6.2013, p. 66–106).

Amendment  57

 

Proposal for a directive

Article 3 – paragraph 1 – point j

Text proposed by the Commission	Amendment
(j) the manufacture, production, processing, handling, use, holding, storage, transport, import, export or disposal of radioactive material falling within the scope of Council Directive 2013/59/Euratom46 , Council Directive 2014/87/Euratom47 or Council Directive 2013/51/Euratom48 , 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;	(j) the manufacture, production, processing, handling, use, holding, storage, transport, import, export or disposal of radioactive material falling within the scope of Council Directive 2013/59/Euratom46 or Council Directive 2013/51/Euratom48, which causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants;
__________________	__________________
46 Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p. 1–73).	46 Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p. 1–73).
47 Council Directive 2014/87/Euratom of 8 July 2014 amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations (OJ L 219, 25.7.2014, p. 42–52).
48 Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ L 296, 7.11.2013, p. 12–21).	48 Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ L 296, 7.11.2013, p. 12–21).

Amendment  58

 

Proposal for a directive

Article 3 – paragraph 1 – point k

Text proposed by the Commission	Amendment
(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;	(k) the abstraction of surface water or groundwater within the meaning of Directive 2000/60/EC 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;

Amendment  59

 

Proposal for a directive

Article 3 – paragraph 1 – point l

Text proposed by the Commission	Amendment
(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 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;	(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 and does not affect the natural habitats of such species to a considerable degree and does not pose a danger to efforts to stabilise their population;
__________________	__________________
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).	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).	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  60

 

Proposal for a directive

Article 3 – paragraph 1 – point m

Text proposed by the Commission	Amendment
(m) trading in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A and B to Council Regulation (EC) No 338/9751 , except for cases where the conduct concerns a negligible quantity of such specimens;	(m) trading in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A and B to Council Regulation (EC) No 338/9751 and imports of specimens of such species, parts or derivatives thereof listed in Annex C of that Regulation;
__________________	__________________
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).	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  61

 

Proposal for a directive

Article 3 – paragraph 1 – point n

Text proposed by the Commission	Amendment
(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.]	(n) the placing or making available on the Union market and the export from the Union, including through online means, of relevant commodities or relevant products, falling within the scope of Regulation (EU) .../... of the European Parliament and of the Council*+, where the conditions referred to in Article 3 of that Regulation for such placing or making available on the market, or such export, are not met, except for cases where the conduct concerns a negligible quantity;
__________________	__________________
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).	* Regulation (EU) .../... of the European Parliament and of the Council of ... on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 (OJ ...).
	+ OJ: Please insert in the text the number of the Regulation contained in document PE- CONS 82/22 (2021/0366(COD)) and insert the number, date, title and OJ reference of that Regulation in the footnote.

Amendment  62

 

Proposal for a directive

Article 3 – paragraph 1 – point o

Text proposed by the Commission	Amendment
(o) any conduct which causes the deterioration of a habitat within a protected site, within the meaning of Article 6(2) of the Directive 92/43/EEC, when this deterioration is significant;	(o) any conduct which causes the deterioration of a habitat within a special area of conservation as referred to in Article 6(2) of the Directive 92/43/EEC, or of a habitat of a species in accordance with Regulation (EU) .../... of the European Parliament and of the Council*+, when this deterioration is significant;
	__________________
	* Regulation (EU) .../... of the European Parliament and of the Council of ... on nature restoration (OJ ...).
	+ OJ: Please insert in the text the number of the Regulation contained in document PE- CONS .../... (2022/0195(COD)) and insert the number, date, title and OJ reference of that Regulation in the footnote.

Amendment  63

 

Proposal for a directive

Article 3 – paragraph 1 – point p – point ii

Text proposed by the Commission	Amendment
(ii) the conduct breaches a condition of permit issued under Article 8 or of authorisation granted under Article 9 of Regulation (EU) No 1143/2014 and 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;	(ii) the conduct breaches a condition of permit issued under Article 8 or of authorisation granted under Article 9 of Regulation (EU) No 1143/2014 and 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, biodiversity, ecosystem services and functions, or to animals or plants;

Amendment  64

 

Proposal for a directive

Article 3 – paragraph 1 – point q

Text proposed by the Commission	Amendment
(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;	(q) production, placing on the market, including online, 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;
__________________	__________________
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)	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  65

 

Proposal for a directive

Article 3 – paragraph 1 – point r a (new)

Text proposed by the Commission	Amendment
	(ra) a serious infringement within the meaning of Article 90(1) of Council Regulation (EC) No 1224/200955a and Article 42 of Council Regulation (EC) No 1005/200855b;
	__________________
	55a Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union 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).
	55b Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286 29.10.2008, p. 1).

Amendment  66

 

Proposal for a directive

Article 3 – paragraph 1 – point r b (new)

Text proposed by the Commission	Amendment
	(rb) any conduct that causes a forest fire or a significant deterioration of more than one hectare of forest;

Amendment  67

 

Proposal for a directive

Article 3 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	(1a) Member States shall ensure that any conduct which causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, biodiversity, ecosystem services and functions, or to animals or plants constitutes a criminal offence when it is unlawful and committed intentionally. Member States shall ensure that any conduct causing severe and widespread, or severe and long-term, or severe and irreversible damage is treated as an offence of particular gravity and sanctioned as such in accordance with the legal systems of the Member States.

Amendment  68

 

Proposal for a directive

Article 3 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall ensure that the conduct referred to in paragraph 1, points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (m), (n), (p) (ii), (q), (r) also constitutes a criminal offence, when committed with at least serious negligence.	2. Member States shall ensure that the conduct referred to in paragraph 1 or paragraph 1a also constitutes a criminal offence, when committed with at least serious negligence.

Amendment  69

 

Proposal for a directive

Article 3 – paragraph 3 – point d

Text proposed by the Commission	Amendment
(d) spread of the damage;	(d) spread of the damage, including any potential cross-border nature;

Amendment  70

 

Proposal for a directive

Article 3 – paragraph 3 – point e a (new)

Text proposed by the Commission	Amendment
	(ea) any financial benefits derived from the damage caused by the perpetrators;

Amendment  71

 

Proposal for a directive

Article 3 – paragraph 3 – point e b (new)

Text proposed by the Commission	Amendment
	(eb) the duration of the infringement or non-compliance;

Amendment  72

 

Proposal for a directive

Article 3 – paragraph 3 – point e c (new)

Text proposed by the Commission	Amendment
	(ec) the conservation status of the species, populations or habitats, ecosystems and natural resources affected;

Amendment  73

 

Proposal for a directive

Article 3 – paragraph 3 – point e d (new)

Text proposed by the Commission	Amendment
	(ed) whether the offence was committed in the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA, or is linked to murder, corruption, money laundering, fraud, document counterfeiting, extortion, coercion or other forms of intimidation.

Amendment  74

 

Proposal for a directive

Article 3 – paragraph 3 – subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	Member States shall ensure that their national legislation specifies that the offences listed in paragraph 1, points (ca), (cb), (ra) and (rb), are without prejudice to the possibility of excluding from criminal liability conduct which causes or is likely to cause a damage which is, on the basis of the elements referred to in the first subparagraph of this paragraph, not considered to be substantial.

Amendment  75

 

Proposal for a directive

Article 3 – paragraph 4 – introductory part

Text proposed by the Commission	Amendment
4. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account 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 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):	4. Member States shall ensure that their national legislation specifies that 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 biodiversity, ecosystem services and functions, animals or plants for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraphs 1:

Amendment  76

 

Proposal for a directive

Article 3 – paragraph 4 – point a

Text proposed by the Commission	Amendment
(a) the conduct relates to an activity which is considered as risky or dangerous, requires an authorisation which was not obtained or complied with;	(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;

Amendment  77

 

Proposal for a directive

Article 3 – paragraph 5 – point b

Text proposed by the Commission	Amendment
(b) the extent to which the regulatory threshold, value or another mandatory parameter is exceeded;	(b) the extent to which the regulatory threshold, including a hazardousness and toxicity threshold, value or another mandatory parameter is exceeded;

Amendment  78

 

Proposal for a directive

Article 3 – paragraph 5 – point c

Text proposed by the Commission	Amendment
(c) the conservation status of the fauna or flora species concerned;	(c) the conservation status of the relevant populations of the fauna or flora species concerned;

Amendment  79

 

Proposal for a directive

Article 3 – paragraph 5 – point d

Text proposed by the Commission	Amendment
(d) the cost of restoration of environmental damage.	(d) the cost of restoration of environmental damage, taking into account the value of the ecosystem service supplied.

Amendment  80

 

Proposal for a directive

Article 3 – paragraph 5 – subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	Member States shall ensure that their national legislation specifies that the offences listed in paragraph 1, points (ca), (cb), (ra) and (rb), are without prejudice to the possibility of excluding from criminal liability conduct concerning quantities determined to be negligible on the basis of the elements referred to in the first subparagraph of this paragraph.

Amendment  81

 

Proposal for a directive

Article 3 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5a. Member States shall ensure that from the moment a conduct becomes unlawful, the perpetrator cannot invoke the issuance of an authorisation in order to avoid criminal liability.

Amendment  82

 

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission	Amendment
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) are punishable as criminal offences.	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 (1a) are punishable as criminal offences.

Amendment  83

 

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission	Amendment
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.	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) when committed intentionally is punishable as a criminal offence, where relevant.

Amendment  84

 

Proposal for a directive

Article 5 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall take the necessary measures to ensure that the offences referred to in Articles 3 and 4 are punishable by effective, proportionate and dissuasive criminal penalties.	1. Member States shall take the necessary and appropriate measures, including having effective procedures in place, to ensure that the offences referred to in Articles 3 and 4 are punishable by effective, proportionate and dissuasive criminal penalties.

Amendment  85

 

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the Commission	Amendment
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.	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 harm to any person’s health.

Amendment  86

 

Proposal for a directive

Article 5 – paragraph 4

Text proposed by the Commission	Amendment
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 four years.	4. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (ca), (cb), (k), (l), (m), (o), (p), (ra), (rb) and in Article 3(1a) are punishable by a maximum term of imprisonment of at least four years.

Amendment  87

 

Proposal for a directive

Article 5 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. Member States shall take the necessary measures to develop measures other than imprisonment in order to contribute to the restoration of the environment.

Amendment  88

 

Proposal for a directive

Article 5 – paragraph 5 – point a

Text proposed by the Commission	Amendment
(a) obligation to reinstate the environment within a given time period;	(a) obligation to reinstate the environment within a given time period, or to compensate for the damage caused, if the perpetrator is not in a capacity to carry out such a reinstatement or if the damage is irreversible;

Amendment  89

 

Proposal for a directive

Article 5 – paragraph 5 – point b

Text proposed by the Commission	Amendment
(b) fines;	(b) fines, proportionate to the gravity and duration of the damage caused to the environment as well as to the financial benefits accrued by committing the offence;

Amendment  90

 

Proposal for a directive

Article 5 – paragraph 5 – point c

Text proposed by the Commission	Amendment
(c) temporary or permanent exclusions from access to public funding, including tender procedures, grants and concessions;	(c) temporary or permanent exclusions from access to public funding, including tender procedures, grants, concessions and licences;

Amendment  91

 

Proposal for a directive

Article 5 – paragraph 5 – point d

Text proposed by the Commission	Amendment
(d) disqualification from directing establishments of the type used for committing the offence;	(d) disqualification from exercising a leading position within a legal person of the type used for committing the offence;

Amendment  92

 

Proposal for a directive

Article 5 – paragraph 5 – point g a (new)

Text proposed by the Commission	Amendment
	(ga) a requirement to pay the costs of the proceedings borne by the successful party, in accordance with conditions and exceptions provided for in national law applicable to court proceedings.

Amendment  93

 

Proposal for a directive

Article 6 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) a power of representation of the legal person;	(a) a power of representation of the legal person and/or;

Amendment  94

 

Proposal for a directive

Article 6 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) an authority to take decisions on behalf of the legal person;	(b) an authority to take decisions on behalf of the legal person and/or;

Amendment  95

 

Proposal for a directive

Article 6 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. Member States shall ensure that legal persons that commit an offence referred to in Articles 3 and 4 can be held liable under civil law, where relevant, for any harm or damage they cause as a result of that offence, and, in conformity with national law, can be required to compensate the persons who have suffered that harm or damage.

Amendment  96

 

Proposal for a directive

Article 6 – paragraph 3

Text proposed by the Commission	Amendment
3. Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, inciters or accessories in the offences referred to in Articles 3 and 4.	3. Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons, including corporate board members, who are perpetrators, inciters or accessories in the offences referred to in Articles 3 and 4.

Amendment  97

 

Proposal for a directive

Article 7 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) is punishable by effective, proportionate and dissuasive sanctions.	1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) or (2) is punishable by effective, proportionate and dissuasive sanctions and measures. The level of sanctions shall be proportionate and adapted to reflect the degree of severity and duration of the damage caused.

Amendment  98

 

Proposal for a directive

Article 7 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
2. Member States shall take the necessary measures to ensure that sanctions or measures for legal persons liable pursuant to Article 6(1) for the offences referred to in Articles 3 and 4 shall include:	2. Member States shall take the necessary measures to ensure that sanctions or measures for legal persons held liable pursuant to Article 6(1) for the offences referred to in Articles 3 and 4 shall include:

Amendment  99

 

Proposal for a directive

Article 7 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) criminal or non-criminal fines;	(a) criminal or non-criminal fines, proportionate to the gravity and duration of the damage caused to the environment as well as to the financial benefits accrued by committing the offence;

Amendment  100

 

Proposal for a directive

Article 7 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) the obligation to reinstate the environment within a given period;	(b) the obligation to reinstate the environment within a given period, or to compensate for the damage caused, if the perpetrator is not in a capacity to carry out such a reinstatement or if the damage is irreversible;

Amendment  101

 

Proposal for a directive

Article 7 – paragraph 2 – point d

Text proposed by the Commission	Amendment
(d) temporary exclusion from access to public funding, including tender procedures, grants and concessions;	(d) temporary exclusion from access to public funding, including tender procedures, grants, concessions and licences;

Amendment  102

 

Proposal for a directive

Article 7 – paragraph 2 – point k

Text proposed by the Commission	Amendment
(k) publication of the judicial decision relating to the conviction or any sanctions or measures applied.	(k) national or Union-wide publication of the judicial decision relating to the conviction or any sanctions or measures applied, including by referring them to relevant Union institutions.

Amendment  103

 

Proposal for a directive

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(2) is punishable by sanctions or measures, which are effective, proportionate and dissuasive.	deleted

Amendment  104

 

Proposal for a directive

Article 7 – paragraph 4

Text proposed by the Commission	Amendment
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 5% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.	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 proportionate fines, the maximum limit of which shall be not less than 10% of the average worldwide turnover of the legal person in the three business years preceding the fining decision.

Amendment  105

 

Proposal for a directive

Article 7 – paragraph 5

Text proposed by the Commission	Amendment
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.	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 proportionate fines, the maximum limit of which shall be not less than 10% of the average worldwide turnover of the legal person in the three business years preceding the fining decision.

Amendment  106

 

Proposal for a directive

Article 8 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) the offence caused the death of, or serious injury to, a person;	(a) the offence caused death or serious harm to any person’s health;

Amendment  107

 

Proposal for a directive

Article 8 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem;	(b) the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem, or to protected species referred to in Article 3(1) points (l) and (m);

Amendment  108

 

Proposal for a directive

Article 8 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) the offence was committed in the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA56 ;	(c) the offence was committed in the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA56 or involved corruption, money laundering, fraud, extortion, coercion or other forms of intimidation;
__________________	__________________
56 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, OJ L 300/42.	56 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, OJ L 300/42.

Amendment  109

 

Proposal for a directive

Article 8 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) the offence involved the use of false or forged documents;	(d) the offence involved the use of false or forged documents, or breached a condition of authorisation;

Amendment  110

 

Proposal for a directive

Article 8 – paragraph 1 – point j

Text proposed by the Commission	Amendment
(j) the offender actively obstructs inspection, custom controls or investigation activities, or intimidates or interferes with witnesses or complainants.	(j) the offender actively obstructs inspection, custom controls or investigation activities, destroys evidence, or intimidates or interferes with witnesses or complainants;

Amendment  111

 

Proposal for a directive

Article 8 – paragraph 1 – point j a (new)

Text proposed by the Commission	Amendment
	(ja) the offence was committed within a protected area.

Amendment  112

 

Proposal for a directive

Article 9 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) the offender restores nature to its previous condition;	(a) the offender restores nature to its previous condition before the start of a criminal investigation;

Amendment  113

 

Proposal for a directive

Article 9 – paragraph 1 – point a a (new)

Text proposed by the Commission	Amendment
	(aa) the offender takes steps to minimise the impact and extent of the damage or remediates the damage of has the damage remediated before the start of a criminal investigation;

Amendment  114

 

Proposal for a directive

Article 9 a (new)

Text proposed by the Commission	Amendment
	Article 9a
	Precautionary measures
	Member States shall take the necessary measures to ensure that their competent judicial authorities may order the immediate cessation of the unlawful conducts referred to in Articles 3 and 4 of this Directive, or impose measures to prevent the execution of such conducts, in order to avert damage being caused to the environment.

Amendment  115

 

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the Commission	Amendment
Member States shall take the necessary measures to ensure, as appropriate, that their competent authorities may freeze or confiscate, in accordance with Directive 2014/42/EU of the European Parliament and of the Council58 , 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.	Member States shall take the necessary measures to ensure, as appropriate, that their competent authorities may trace, identify, freeze or 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. Member States shall take the necessary measures to ensure that frozen and confiscated proceeds and instrumentalities are appropriately managed, in line with their nature, and, where possible, used to finance restoration of the environment or remediation of any damage caused, or to provide compensation for the environmental damage, in accordance with national law.
__________________	__________________
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).	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  116

 

Proposal for a directive

Article 11 – paragraph 1

Text proposed by the Commission	Amendment
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 commission of those criminal offences, in order for those criminal offences to be tackled effectively.	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 discovery of those criminal offences, in order for those criminal offences to be tackled effectively.

Amendment  117

 

Proposal for a directive

Article 11 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
2. Member State shall the take necessary measures to enable the investigation, prosecution, trial and judicial decision:	2. Member States shall take the necessary measures to enable the investigation, prosecution, trial and judicial decision:

Amendment  118

 

Proposal for a directive

Article 11 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(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 committed, when offences are punishable;	(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 discovered, when offences are punishable;

Amendment  119

 

Proposal for a directive

Article 11 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(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 committed, when offences are punishable;	(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 discovered, when offences are punishable;

Amendment  120

 

Proposal for a directive

Article 11 – paragraph 2 – point c

Text proposed by the Commission	Amendment
(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 committed, when offences are punishable.	(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 discovered, when offences are punishable.

Amendment  121

 

Proposal for a directive

Article 11 – paragraph 3

Text proposed by the Commission	Amendment
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

Amendment  122

 

Proposal for a directive

Article 12 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) the offender is one of its nationals or habitual residents.	(d) the offender is one of its nationals or habitual residents or a legal person established on its territory;

Amendment  123

 

Proposal for a directive

Article 12 – paragraph 1 – point d a (new)

Text proposed by the Commission	Amendment
	(da) the offence is committed for the benefit of a legal person established on its territory.

Amendment  124

 

Proposal for a directive

Article 12 – paragraph 2 – subparagraph 1 - point a

Text proposed by the Commission	Amendment
(a) the offence is committed for the benefit of a legal person established on its territory;	deleted

Amendment  125

 

Proposal for a directive

Article 13 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall take the necessary measures to ensure that protection granted under Directive (EU) 2019/1937, is applicable to persons reporting criminal offences referred to in Articles 3 and 4 of this Directive.	1. Member States shall take the necessary measures to ensure that protection under Directive (EU) 2019/1937 is granted to any natural persons reporting criminal offences referred to in Articles 3 and 4 of this Directive and to ensure that a similar adequate level of protection is provided to any legal persons reporting those offences.

Amendment  126

 

Proposal for a directive

Article 13 – paragraph 2

Text proposed by the Commission	Amendment
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.	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 protection, support and assistance in the context of criminal proceedings in accordance with their national legal system.

Amendment  127

 

Proposal for a directive

Article 13 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Member States shall assess the need to create instruments in accordance with their national legal system to enable persons to report environmental offences anonymously, where such instruments do not yet exist.

Amendment  128

 

Proposal for a directive

Article 14 – title

Text proposed by the Commission	Amendment
Rights for the public concerned to participate in proceedings	Publication of information in the public interest and access to justice for the public concerned

Amendment  129

 

Proposal for a directive

Article 14 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	Member States shall, in accordance with their national law, ensure that the following information is considered to be in the public interest and is made public:
	(a)  final judgments, and the level of sanctions imposed by the judge ;
	(b)  number of environmental crimes that have been reported to the authorities and number of judicial proceedings concerning such crimes which are ongoing, including those resulting from the reports;
	(c)  the arrangements to intervene in the proceedings related to the offences referred to in Articles 3 and 4.

Amendment  130

 

Proposal for a directive

Article 14 – paragraph 1 b (new)

Text proposed by the Commission	Amendment
	Member States shall, in accordance with their national law, ensure that the information on the progress of the proceedings is shared with the public concerned.

Amendment  131

 

Proposal for a directive

Article 15 – paragraph 1

Text proposed by the Commission	Amendment
Member States shall take appropriate action, such as information and awareness-raising campaigns and research and education programmes, to reduce overall 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.	Member States shall take appropriate action, such as information and awareness-raising campaigns targeting all relevant stakeholders both from the public and private sector, effective law enforcement tools, and research and education programmes, to reduce overall environmental criminal offences, raise public awareness and seriously reduce the risk of an environmental criminal offence. Where appropriate, Member States shall act in cooperation with all relevant stakeholders.

Amendment  132

 

Proposal for a directive

Article 16 – paragraph 1

Text proposed by the Commission	Amendment
Member States shall ensure that national authorities which detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.	Member States shall ensure that national authorities or other relevant authorities which detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff, including prosecutors and police authorities, and sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. In particular, Member States shall, in accordance with national law, assess the need to strengthen their judicial and enforcement systems in the area of environmental criminal law by establishing or, where relevant, strengthening specialised law enforcement units, as well as specialised coordination bodies, memoranda of understanding between competent authorities, national enforcement networks and joint training activities.

Amendment  133

 

Proposal for a directive

Article 16 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	Where the environmental offences are suspected to be of a cross-border nature, competent authorities of Member States shall without delay refer the information related to these cases to appropriate bodies. In accordance with the applicable rules, Member States shall also cooperate through Union agencies, in particular Eurojust and Europol, as well as with Union bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF), in their respective areas of competence.

Amendment  134

 

Proposal for a directive

Article 17 – paragraph 1

Text proposed by the Commission	Amendment
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 to the objectives of this Directive and appropriate to the functions of the involved staff and authorities.	Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall ensure that specialised training is provided to judges, prosecutors, police, judicial staff and competent authorities’ staff involved in criminal proceedings and investigations at regular intervals with respect to the objectives of this Directive and appropriate to the functions of the involved staff and authorities. The Commission shall organise regular exchanges of best practices in this regard.

Amendment  135

 

Proposal for a directive

Article 18 – paragraph 1

Text proposed by the Commission	Amendment
Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases, are also available for investigating or prosecuting offences referred to in Articles 3 and 4.	Member States shall take the necessary and appropriate measures to ensure that effective investigative tools, such as those which are used in countering organised crime, financial crime, cybercrime or other serious crime cases, are effective and available for investigating or prosecuting offences referred to in Articles 3 and 4.

Amendment  136

 

Proposal for a directive

Article 18 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	Member States shall, where appropriate, and in accordance with national law, assign specialised investigation units, prosecutors and criminal judges, and provide for specialised chambers of judges, to deal with environmental criminal cases.

Amendment  137

 

Proposal for a directive

Article 19 – title

Text proposed by the Commission	Amendment
Coordination and cooperation between competent authorities within a Member State	Coordination and cooperation between competent authorities within and between Member States

Amendment  138

 

Proposal for a directive

Article 19 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
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 aimed at least at:	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 may take the form of units and bodies referred to in Article 16 of this Directive and shall be aimed at least at:

Amendment  139

 

Proposal for a directive

Article 19 – paragraph 1 – point d a (new)

Text proposed by the Commission	Amendment
	(da) in accordance with applicable law, the exchange of relevant information between competent authorities to prevent convicted persons from reoffending in relation to the offences referred to in Articles 3 and 4, including in other Member States.

Amendment  140

 

Proposal for a directive

Article 19 a (new)

Text proposed by the Commission	Amendment
	Article 19a
	Cooperation between the Member States and the Commission, and other Union institutions, bodies, offices or agencies
	1.  Without prejudice to the rules on cross-border cooperation and mutual legal assistance in criminal matters, the Member States, Eurojust, Europol, the European Public Prosecutor’s Office and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in Articles 3 and 4. To that end the Commission, and where appropriate, Eurojust, shall provide such technical and operational assistance as the competent national authorities need to facilitate coordination of their investigations.
	2.  Within 12 months of the entry into force of this Directive the Commission shall draw up a report on measures for further strengthening cooperation between the Member States and the Commission and other Union institutions, bodies, offices and agencies. That shall include an assessment of the possibility of extending the competences of the EPPO in cooperation with Eurojust to include serious cross-border environmental crimes, and of the arrangements for such an extension.

Amendment  141

 

Proposal for a directive

Article 20 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) the objectives and priorities of national policy in this area of offence;	(a) the objectives and priorities of national policy in this area of offence, including in the case of cross-border crimes;

Amendment  142

 

Proposal for a directive

Article 20 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) the modes of coordination and cooperation between the competent authorities;	(c) the modes of coordination and cooperation between the competent authorities and the competent authorities of other Member States;

Amendment  143

 

Proposal for a directive

Article 20 – paragraph 1 – point d a (new)

Text proposed by the Commission	Amendment
	(da) the use of the proceeds of administrative and criminal sanctions for environmental restoration actions;

Amendment  144

 

Proposal for a directive

Article 20 – paragraph 1 – point e

Text proposed by the Commission	Amendment
(e) the resources needed and how specialisation of enforcement professionals will be supported;	(e) the resources needed and allocated and how specialisation of enforcement professionals will be supported;

Amendment  145

 

Proposal for a directive

Article 20 – paragraph 1 – point f

Text proposed by the Commission	Amendment
(f) the procedures and mechanisms for regular monitoring and evaluation of the results achieved;	(f) the procedures and mechanisms for regular monitoring, evaluation and reporting of the results achieved;

Amendment  146

 

Proposal for a directive

Article 20 – paragraph 1 – point g a (new)

Text proposed by the Commission	Amendment
	(ga) assistance to and protection of victims.

Amendment  147

 

Proposal for a directive

Article 20 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall ensure that the strategy is reviewed and updated at regular intervals no longer than 5 years, on a risk-analysis-based-approach, in order to take account of relevant developments and trends and related threats regarding environmental crime.	2. Member States shall ensure that the strategy is reviewed and updated at regular intervals no longer than 3 years, on a risk analysis and impact assessment based-approach, in order to take account of relevant developments and trends and related threats regarding environmental crime.

Amendment  148

 

Proposal for a directive

Article 21 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) the number of environmental crime cases investigated;	(b) the number of environmental crime cases investigated, including those involving cross-border cooperation;

Amendment  149

 

Proposal for a directive

Article 21 – paragraph 2 – point b a (new)

Text proposed by the Commission	Amendment
	(ba) the number of environmental crime cases prosecuted and adjudicated;

Amendment  150

 

Proposal for a directive

Article 21 – paragraph 2 – point c

Text proposed by the Commission	Amendment
(c) the average length of the criminal investigations of environmental crimes;	(c) the median, average and maximum lengths of the criminal investigations of environmental crimes;

Amendment  151

 

Proposal for a directive

Article 21 – paragraph 2 – point d a (new)

Text proposed by the Commission	Amendment
	(da) the number of convictions in environmental crime cases related to offences committed in the framework of a criminal organisation;

Amendment  152

 

Proposal for a directive

Article 21 – paragraph 2 – point d b (new)

Text proposed by the Commission	Amendment
	(db) the number of convictions for environmental crimes related to offences committed by a public official or involving a public authority;

Amendment  153

 

Proposal for a directive

Article 21 – paragraph 2 – point g a (new)

Text proposed by the Commission	Amendment
	(ga) the number of court cases dismissed due to the expiry of the limitation period;

Amendment  154

 

Proposal for a directive

Article 21 – paragraph 3

Text proposed by the Commission	Amendment
3. Member States shall ensure that a consolidated review of their statistics is regularly published.	3. Member States shall ensure that a consolidated review of their statistics is published and made easily accessible at least every two years.

Amendment  155

 

Proposal for a directive

Article 21 – paragraph 4

Text proposed by the Commission	Amendment
4. Member States shall annually transmit to the Commission the statistical data referred to in paragraph 2 in a standard format established in accordance with Article 22.	4. Member States shall annually transmit to the Commission the statistical data referred to in paragraph 2 in a standard, easily accessible and comparable format established in accordance with Article 22 within 18 months of the entry into force of this Directive.

Amendment  156

 

Proposal for a directive

Article 21 – paragraph 5

Text proposed by the Commission	Amendment
5. The Commission shall regularly publish a report based on the statistical data transmitted by the Member States. The report shall be published for the first time three years after the standard format referred to in Article 22 has been determined.	5. The Commission shall at least every two years publish a report based on the statistical data transmitted by the Member States. The report shall be published for the first time two years after the standard format referred to in Article 22 has been determined.

Amendment  157

 

Proposal for a directive

Article 21 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5a. The Commission shall develop guidelines in order to assist the Member States in the preparation of harmonised, effective, dissuasive and proportionate sanctions.

Amendment  158

 

Proposal for a directive

Article 25 – title

Text proposed by the Commission	Amendment
Evaluation and reporting	Evaluation, reporting and review

Amendment  159

 

Proposal for a directive

Article 25 – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall by [OP – please insert the date - two years after the transposition period is over], 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.	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 to improve compliance. Member States shall provide the Commission with the necessary information for the preparation of that report, including, but not limited to, data referred to in Article 21 (2).

Amendment  160

 

Proposal for a directive

Article 25 – paragraph 3

Text proposed by the Commission	Amendment
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.	3. By [OP – please insert the date – three years after the transposition period is over] and every two years thereafter, the Commission shall carry out an evaluation of the impact of this Directive and of the need to update the list of environmental criminal offences 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 report shall be accompanied by a legislative proposal, if necessary.

 

 

 

EXPLANATORY STATEMENT

The rapporteur welcomes the Commission’s proposal for a Directive on the protection of the environment through criminal law and replacing Directive 2008/99/EC.

Directive 2008/99/EC introduced an important principle to the Environmental Union legal framework that environmental crimes should be combatted and the offenders punished for them in all of the EU Member States. This was an essential element in making sure that the polluter pays principle is respected and the EU environmental acquis is followed.

The Directive, despite the good intentions, has not delivered on all of its goals. It has not been revised until now and the Commission’s evaluation in 2020 showed fundamental problems in the application of the Directive across the Member States. Among the main issues, the Commission enumerated:

• lack of comprehensive data on environmental crimes;

• lack of clarity with regard to certain legal terms;

• significant differences in sanctions applied by Member States, including accessory sanctions and sanctions for legal persons;

• lack of flexibility in adapting the scope of the Directive;

• shortcomings in the cross-border cooperation, including deficiencies in awareness among public prosecutors and judges.

These issues also resulted in a lack of uniformity in legal and practical terms and differences in implementation and application of Union rules regarding environmental crime. This caused an unequal level playing field and impaired the proper functioning of the internal market. Therefore, the Commission’s proposal for a Directive on the protection of the environment through criminal law is very timely. The rapporteur proposes to address the lack of uniformity by calling for further harmonisation and considerations to complement this Directive with other policy fields, such as fully uniformity by means of a regulation.

The existing problems in effective combatting environmental crimes created incentives in most of the Member States for offenders to circumvent EU or national legal provisions concerning environmental protection as the risk of conviction was low and sanctions often did not have the deterrent effect. Moreover, environmental crimes are frequently linked with organised criminal activities of cross-border dimension, such as illicit waste shipment or trade in protected species. For example, the annual revenue of illicit waste market is estimated between 4 billion euros and 15 billion euros .

The rapporteur therefore proposes to:

• improve the effectiveness of investigations and prosecution of environmental crimes;

• clarifying relevant legal terms;

• improve the collection of data;

• ensure effective, dissuasive and proportionate sanction types and levels;

• strengthen prevention measures.

The rapporteur proposes to achieve this, inter alia, by raising fines for legal persons, so that the maximum limit is not less than 10 percent of the average worldwide turnover of the legal person in the last three business years, which is more in line with EU Competition Law. In addition, the rapporteur proposes to extend the limitation periods for environmental criminal offences, as it is often difficult to discover within a shorter period the committed crimes and the extent and harmful consequences thereof. 

Furthermore, in line with Article 191(2) of the Treaty on the Functioning of the European Union, the precautionary principle applies to Union policy on the environment and prevention is key. Important deterrents against environmental crime are comprehensive and effective prevention measures and dissuasive and proportionate criminal sanctions and penalties. The polluter should pay and bear the full costs of the environmental harm caused. The rapporteur proposes that the polluter pays targeted fines, which in part contribute to preventative measures. This makes it possible for one environmental crime that is committed to prevent other environmental crimes.

It is also important to create more awareness about environmental crime and damage worldwide. This is necessary as the globalisation of business activities means that, for example, EU based companies could be involved in criminal activities outside the territory of the Union. Highlighting the active work by the United Nations, such as the efforts on strengthening the legal framework by including a definition of ecocide, is essential.

The rapporteur is confident that through a strong position of the European Parliament this Directive will lead to the effective combatting of environmental crimes on EU and international level, leading to the desired prevention of environmental damage and strengthening of an equal level playing field for Union industry.

 

 

 

OPINION OF THE COMMITTEE ON DEVELOPMENT (07.12.2022)

for the Committee on Legal Affairs

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

(COM(2021)0851 – C9‑0466/2021 – 2021/0422(COD))

Rapporteur for opinion: Caroline Roose

SHORT JUSTIFICATION

According to the UNEP and INTERPOL, environmental crime is rising and has become the fourth largest criminal sector in the world putting at risk the environment, the biodiversity and the climate. It deprives countries and populations from billions of euros of economic revenues annually, especially in developing countries, and threaten human rights.

The current 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 aims primarily at improving environmental protection by means of harmonised criminal legislation. However, many shortcomings and loopholes have been identified, i.e. limited scope, inadequacy of sanctions, low levels of fines; lack of implementation and cooperation between Member States; lack of statistical data, etc.

The rapporteur welcomes the proposal made by the European Commission, notably regarding the broadening of its scope; the strengthening of its provisions related to criminal sanctions and the provision of mechanisms to protect environmental defenders. However, Rapporteur believes that further changes are needed to tackle environmental crime effectively. 

First of all, an external dimension to the Directive should be introduced so as to take into account the transboundary character of environmental crime and its impacts on developing countries. The European Union has a particular responsibility in preventing and combating environmental offences in developing countries on several grounds. In some cases, the perpetrator is a European person or a person linked to the EU; the EU is an import or export area, a transition area and a major market, the value chains of some economic sectors is affected by these illegal activities and their leading companies are often headquartered in the EU.

In light of this, and given that human rights violations are often linked to the commission of environmental offences, the rapporteur suggests to amend Article 1 to putt an human rights approach at the core of the Directive.

The rapporteur proposes the inclusion of general and autonomous definitions of environmental offences. Despite the growing number of environmental crimes, a harmonised definition of environmental crimes does not yet exist either at the worldwide or at European and national level. Instead, the current system relies upon a list of secondary legislation, leaving out according large parts of EU environmental law. Therefore, criminalising autonomous crimes would enable criminal liability for serious cases of environmental harm and give rights to the nature. It is particularly relevant to tackle transnational organised environmental crime involving or taking place in developing countries.

The rapporteur is also in favour of introducing a crime of ecocide, in order to criminalise the most serious crimes to the environment. The EU should defend the jurisdiction of the International Criminal Court to cover criminal acts that amount to ecocide. In parallel, the EU and its Member States should take the lead for its recognition. The introduction of a crime of ecocide in the remit of this Directive is of particular importance to preventing and prosecuting the most serious transnational environmental crimes taking place in developing countries. The definition used is the one developed by the Independent Expert Panel for the Legal Definition of Ecocide published in June 2021, a group of international criminal lawyers, environmental lawyers and legal scholars. It is the most comprehensive and recent definitional work available at the moment.

The rapporteur also proposes to enlarge the scope of the Directive, notably to fisheries crime and the exploitation and trade of illegal minerals. Serious breaches of the future Corporate Sustainable due diligence obligations and of the CSRD should be also considered criminal offences.

There is a significant amount of environmental crime linked to legal business and corporations and some corporations choose to be based in places with weak environmental regulations, as this is the case in many developing countries. Therefore, the rapporteur is of the opinion that Member States should have the obligation to establish their jurisdiction over offences committed for the benefit of a legal person established on their territory.

To reinforce cooperation with third countries, a new article is introduced, in line with SDG 17. It is estimated that billions of euros in revenues and taxes are annually stolen from developing countries, causing major economic losses. Hence, there is a need to step up development cooperation through increased financial and technical support to address environmental crime in developing countries.

To combat environmental crime effectively, the rapporteur suggests to introduce new provisions for assessing the damage to the environment as well as aggravating circumstances related i.e. to human rights violations, vulnerable groups and the rule of law systems. New sanctions shall equally be introduced, notably to compensate the damage made to the environment and to increase the maximum limits for penalties and sanctions to me them more dissuasive. Finally yet importantly, data collection and statistics must be improved.

AMENDMENTS

The Committee on Development calls on the Committee on Legal Affairs, as the committee responsible, to take into account the following amendments:

Amendment  1

 

Proposal for a directive

Recitals 1 a (new)

Text proposed by the Commission	Amendment
	(1a) In accordance with Article 208 TFEU, the Union is to take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries.

Amendment  2

 

Proposal for a directive

Recital 1 b (new)

Text proposed by the Commission	Amendment
	(1b) In accordance with Article 3(5) TEU, in its relations with the wider world, the Union is to uphold and promote its values and contribute to the protection of all human rights, in particular, the rights of the child, as well as the strict observance and development of international law.

Amendment  3

 

Proposal for a directive

Recital 1 c (new)

Text proposed by the Commission	Amendment
	(1c) The Charter of Fundamental Rights of the European Union recognises fundamental rights as they result from the constitutional traditions common to the Member States and affirms that it is not be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised in their respective fields of application by Union law, international law and by international agreements to which the Union and all Member States are party, including the European Convention for the Protection of Human rights and Fundamental Freedoms and by the Member States’ constitutions.

Amendment  4

Proposal for a directive

Recital 1 d (new)

Text proposed by the Commission	Amendment
	(1d) The right to a clean, healthy and sustainable environment has been recognised as a human right by the United Nations General Assembly in its recent resolution of 26 July 2022 (A/RES/76/300) where it affirmed that the promotion of those human rights requires the full implementation of the multilateral environmental agreements under the principles of international environmental law and called upon international organisations, States, businesses and other relevant stakeholders to adopt policies, to enhance international cooperation, strengthen capacity building and share good practices, in order to scale up efforts to ensure a clean, healthy and sustainable environment for all.

Amendment  5

 

Proposal for a directive

Recital 2

Text proposed by the Commission	Amendment
(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.	(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. In just a few decades, environmental crime has become the fourth largest criminal sector in the world, growing two to three times faster than the global economy, and it represents one to two times the size of  global official development assistance (ODA) and is now as lucrative as drug trafficking. Such offences pose a threat to the environment and fundamental rights, entail habitat damage and biodiversity loss, amplify climate change, threaten the sustainable livelihood of vulnerable populations in developing countries, and create public health risks and therefore call for an appropriate and effective response. Environmental crime can also involve or take place in developing countries where shortcomings as regards the environmental rule of law have been identified, such as a lack of an adequate legal framework and governance structures, and a lack of information, implementation and enforcement. The Union has a particular responsibility in preventing and combating environmental offences in developing countries in cases in which the action can be linked to the Union. Such offences are not compatible with Union development policy and objectives or with the United Nations Sustainable Development Goals.

Amendment  6

Proposal for a directive

Recital 3

Text proposed by the Commission	Amendment
(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. Compliance should be strengthened by the availability of criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties.	(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. Compliance should be strengthened by the availability of criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties and increase deterrence.
_________________	_________________
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).	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  7

Proposal for a directive

Recital 3 a (new)

Text proposed by the Commission	Amendment
	(3a) Despite the growing number of environmental crimes, a harmonised and accepted definition of environmental crimes does not yet exist either at the global,  Union or national level. This Directive aims to provide a general framework by defining autonomous environmental crime, in addition to the Union-wide common set of definitions of specific environmental offences.

Justification

Despite the growing number of environmental crimes, an harmonised definition of environmental crimes does not yet exist either at the worldwide or at EU and national level. The Commission's proposal fails to propose a general definition of environmental crime, which is one of the greatest obstacle to the fight against such offences. The objective of this amendment is to provide a definition of environmental autonomous offences to overcome the weaknesses related to the Commission’s sectoral approach and prevent any conduct that could create an immediate risk of substantial damage.

Amendment  8

 

Proposal for a directive

Recitals 6

Text proposed by the Commission	Amendment
(6) Member States should provide for criminal penalties in their national legislation in respect of serious infringements of provisions of Union law concerning protection of the environment. In the framework of the common fisheries policy, Union law provides for comprehensive set of rules for control and enforcement under Regulation (EC) No 1224/200921 and Regulation (EC) No 1005/2008 in case of serious infringements, including those that cause damage to the marine environment. Under this system the Member States have the choice between administrative and/or criminal sanctioning systems. In line with the Communication from the Commission on the European Green Deal22 and the EU Biodiversity Strategy for 203023, certain intentional unlawful conduct covered under Regulation (EC) No 1224/2009 and Regulation (EC) 1005/200824 should be established as criminal offences.	(6) Member States should provide for criminal penalties in their national legislation in respect of serious infringements of provisions of Union law concerning protection of the environment. In the framework of the common fisheries policy, Union law provides for comprehensive set of rules for control and enforcement under Regulation (EC) No 1224/200921 and Regulation (EC) No 1005/2008 in case of serious infringements, including those that cause damage to the marine environment. Under this system the Member States have the choice between administrative and/or criminal sanctioning systems. In line with the Communication from the Commission on the European Green Deal22 and the EU Biodiversity Strategy for 203023, all conduct deemed to be a serious infringement of Regulation (EC) No 1224/2009 and Regulation (EC) 1005/200824 should be established as criminal offences.
__________________	__________________
21 Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1–153).	21 Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1–153).
22 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS The European Green Deal, COM/2019/640 final.	22 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS The European Green Deal, COM/2019/640 final.
23 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS EU Biodiversity Strategy for 2030 Bringing nature back into our lives, COM/2020/380 final	23 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS EU Biodiversity Strategy for 2030 Bringing nature back into our lives, COM/2020/380 final
24 Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999, (OJ L 286, 29.10.2008, p. 1–32).	24 Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999, (OJ L 286, 29.10.2008, p. 1–32).

Amendment  9

 

Proposal for a directive

Recital 6 a (new)

Text proposed by the Commission	Amendment
	(6a) Over  recent years, the Union has taken a leading role in ensuring that international supply chains of minerals are transparent and responsible. The adoption in 2017 of Regulation (EU) 2017/of the European Parliament and of the Council1a sent a clear international message that companies are expected to assess risks in their supply chains, and take the necessary measures to mitigate them. That Regulation currently focuses on risks of conflict financing, serious abuses of human rights and serious economic crimes. It is based on the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas which emphasizes the need for companies to identify and mitigate risks in their supply chains, to uphold human rights in producing countries and foster inclusion of legitimate small-scale miners and miners that use traditional methods.
	_______________
	1a Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas (OJ L 130, 19.5.2017, p. 1).

Amendment  10

Proposal for a directive

Recital 8

Text proposed by the Commission	Amendment
(8) A conduct should be considered unlawful also when it is carried out under an authorisation by a competent authority in a Member State if such authorisation was obtained fraudulently, or by corruption, extortion or coercion. Moreover, operators should take the necessary steps to comply with the legislative, regulatory and administrative provisions concerning the protection of environment applicable when they carry out the respective activity, including by complying with their obligations, as laid down in applicable EU and national laws, in procedures governing amendments or updates to existing authorisations.	(8) A conduct should be considered unlawful also when it is carried out under an authorisation by a competent authority in a Member State or in a developing country if such authorisation was obtained fraudulently, or by corruption, extortion or coercion. Moreover, operators should take the necessary steps to comply with the legislative, regulatory and administrative provisions concerning the protection of environment applicable when they carry out the respective activity, including by complying with their obligations, as laid down in applicable EU and national laws, in procedures governing amendments or updates to existing authorisations.

Amendment  11

 

Proposal for a directive

Recital 11 a (new)

Text proposed by the Commission	Amendment
	(11a) Environmental crimes can be perpetrated by a range of state and non-state actors, from individuals, small groups, companies, government individuals, to organised criminal networks, and often a combination thereof. Transnational companies can be the perpetrators due to inter alia, their exploitation of the environment and the damage they cause to the environment, in order to generate more profit or reduce their costs, in particular in developing countries where the legal and institutional frameworks are usually weaker. In relation to transnational companies, other actors can also be at fault and the responsibility should, therefore, be shared and accompanied by penalties as appropriate.

Amendment  12

 

Proposal for a directive

Recital 12

Text proposed by the Commission	Amendment
(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/her 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.	(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. Given the importance of corporate environmental crime, improving transparency in corporate supply and value chains is necessary. Transparency with regard to beneficial ownership of companies, in particular, is key to prosecuting environmental crime, for example concerning illegal, unregulated and unreported fishing or illegal wildlife trafficking. Therefore, Member States should in parallel ensure full implementation of Directive (EU) 2018/843 of the European Parliament and of the Council1a. 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/her public duty which can 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 or, especially in developing countries, promoting the prosecution of environmental defenders who act against environmental crime.
	__________________
	1a Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU (OJ L 156, 19.6.2018, p. 43).

Amendment  13

 

Proposal for a directive

Recital 14

Text proposed by the Commission	Amendment
(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. 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.	(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. 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, compensation for the damage caused, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations. Sanctions that are designed to ensure that crimes are not repeated are very important. Effective remedies, including redress, mitigation and adaptation measures and injunctions should also be provided. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases.

 

Amendment  14

 

Proposal for a directive

Recital 14 a (new)

Text proposed by the Commission	Amendment
	(14a) In order for sanctions to be effective it is also necessary to introduce in this Directive the environmental restorative justice approach,  which has long been called for by civil society and specialised organisations. The restorative model has a preventive approach, aimed at repairing the damage caused and creating the environmental awareness necessary to avoid such damage in the future. It can be done through, among other means, environmental recovery funds, environmental social projects or community services for the benefit of the environment. Environmental restorative justice also aims to allow the participation of victims in the process of the determination of the sanctions and, in the future, of the environmental management of the corporations that are sanctioned.

Amendment  15

Proposal for a directive

Recital 15

Text proposed by the Commission	Amendment
(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 as 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.	(15) Legal persons should also be held criminally liable for environmental criminal offences according to this Directive. Like natural persons, legal persons who are perpetrators, instigators or accomplices in offences should be held responsible and subject to criminal proceedings. 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 as 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  16

Proposal for a directive

Recital 16

Text proposed by the Commission	Amendment
(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.	(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 and often fuel organised crime, these should be taken into account when determining the appropriate level of sanctioning in the individual case. Finally, the severity of human rights impacts, the vulnerability of human victims, as well as any abuse of existing legal and institutional weaknesses of developing countries or the gross violation of due diligence obligations should also be considered to be aggravating circumstances.

Amendment  17

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission	Amendment
	(16a) While the recognition of the crime of ecocide is currently being discussed in several national parliaments around the world, the Union should seize the opportunity to remain a world leader in environmental protection legislation and to provide for a harmonised definition and maximum limits for sanctions. Member States should therefore introduce a crime of ecocide, which should be considered a criminal offence for the purposes of this Directive and be defined as unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and widespread or long-term damage to the environment being caused. That specific crime would make it possible to identify the most serious damage to the environment and thus to provide for a graduation of sanctions according to the gravity of the harm to the environment

Justification

On several occasions, the European Parliament has called for the establishment of ecocide as a criminal offence to safeguard human rights and democracy, biodiversity, the climate and environmental defenders. The definition used is the one developed by the Independent Expert Panel for the Legal Definition of Ecocide published in June 2021, a group of international criminal lawyers, environmental lawyers and legal scholars. It is the most comprehensive and recent definitional work available at the moment.

Amendment  18

Proposal for a directive

Recital 19

Text proposed by the Commission	Amendment
(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.	(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. For the investigation, prosecution, trial and adjudication of ecocide offences there should not be a limitation period.

Amendment  19

Proposal for a directive

Recital 20

Text proposed by the Commission	Amendment
(20) The obligations in this Directive to provide for criminal penalties should not exempt Member States from the obligation to provide for administrative sanctions and other measures in national law for breaches established in Union environmental legislation.	(20) The obligations in this Directive to provide for criminal penalties should not exempt Member States from the obligation to provide for effective, proportionate and dissuasive administrative sanctions and other measures in national law for breaches established in Union environmental legislation.

Amendment  20

 

Proposal for a directive

Recital 23

Text proposed by the Commission	Amendment
(23) Given, in particular, the mobility of perpetrators of illegal conduct covered by this Directive, together with the cross-border nature of offences and the possibility of cross-border investigations, Member States should establish jurisdiction in order to counter such conduct effectively.	(23) Given, in particular, the mobility of perpetrators of illegal conduct covered by this Directive, together with the cross-border nature of offences and the possibility of cross-border investigations, including conduct carried out in developing countries, Member States should establish jurisdiction in order to counter such conduct effectively. Member States should thus extend their jurisdiction where an offence creates a risk for the environment on their territories, where the offence is committed for the benefit of a legal person established in their territories, where it is committed against their residents, or where it is committed in third countries by a Union citizen or a legal person established in the Union.

Amendment  21

Proposal for a directive

Recital 24 a (new)

Text proposed by the Commission	Amendment
	(24a) Environmental defenders who directly protect ecosystems are also often on the frontline of the consequences of environmental crime worldwide, including in the Union. They could be directly threatened, intimidated, persecuted, harassed or even murdered by perpetrators, and as such should also benefit from balanced and effective protection. The establishment of an independent special rapporteur on environmental rights defenders under the Aarhus Convention, and consequently the establishment of protection measures, is also a way to better fight environmental crime.

Amendment  22

Proposal for a directive

Recital 24 b (new)

Text proposed by the Commission	Amendment
	(24b) In its resolution of 11 November 2021 on strengthening democracy and media freedom and pluralism in the EU: the undue use of actions under civil and criminal law to silence journalists, NGOs and civil society1a, the European Parliament noted that environmental defenders could also be subject to abusive lawsuits and threats, and should be protected from such abusive practices, also known as Strategic Lawsuits Against Public Participation.
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	1a OJ C 205, 20.5.2022, p. 2.