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From · opinion parliamentary committee · 2022-10-26 ENVI-AD-731606 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
To · opinion parliamentary committee · 2023-02-06 LIBE-AD-737180 on the proposal for a directive of the European Parliament and of the Council on the protection of the environment through criminal law
+53 added · −216 removed · 156 modified paragraphs

SHORT JUSTIFICATION

Directive 2008/99/EC falls short on implementation, is not in line with the development of EU environmental law and current challenges, and it leaves out large parts of EU environmental law and environmental destruction.

According to the UNEP and INTERPOL, environmental crimes are rising and have become the fourth largest criminal sector in the world putting at risk the environment, the biodiversity and the climate. Environmental criminality is growing at a rate of between 5 % and 7 % per year and growing two to three times faster than the global economy, and is now as lucrative as illegal drug trafficking. This type of criminality deprives countries and populations from billions of euros of economic revenues annually, threatens fundamental rights, fuels insecurity and organized crime, and puts social structures at risk.

This leads to a situation where the criminal justice response does not represent the situation on the ground. Despite the Directive, the number of cross border investigations and convictions has not grown substantially. Environmental crime is the fourth largest criminal activity and it is growing.

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 harmonized 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 access to justice; lack of statistical data; lack of specialized jurisdictions, etc.

Environmental crime is a threat to the European economy and businesses. It is estimated that the annual revenues only from the illicit waste market in the EU are between EUR 4 billion and EUR 15 billion. It creates an unlevel playing field, as companies can, by avoiding liability, create financial benefit. This needs to be tackled. It is also strongly linked to international organised crime.

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, the Rapporteur believes that further changes are needed to tackle environmental crime effectively.

Environmental crime is a threat to our environment and human health. It can affect the quality of air and water, contaminate land, harm wild species and damage or destroy natural habitats. All this can have an impact on human and planetary health.

The Rapporteur proposes the inclusion of general and autonomous definitions of environmental offenses. Despite the growing number of environmental offenses, a harmonized 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 large parts of EU environmental law. Therefore, introducing autonomous crimes would enable criminal liability for serious cases of environmental harm and give rights to the nature.

Every person has the right to live in a healthy environment. According to the treaties, the European Union is committed to ensuring a high level of protection and improvement of the quality of the environment. According to the Charter of Fundamental Rights of the European Union, the Union is committed to a high level of human health and environmental protection. According to the Aarhus Convention, the Union is committed to the right of every person to live in an environment adequate to his or her health and well-being. This is not always the case in reality. Environmental criminal law is also part of the implementation of the human right to health and a good environment.

The rapporteur is also in favour of introducing a crime of ecocide, in order to criminalize 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 in both EU and third countries, including 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.

Currently, the threshold for investigations is too high, which leads to lower detection, prosecution and sanctioning. The rapporteur believes that this needs to be strengthened along with widening the scope of the Directive, especially conduct that is committed in the awareness that it causes or is likely to cause human rights violations or substantial damage to the environment. In its gravest form, this could be considered as an ecocide.

Given the high financial impact of environmental offenses, their potential link with other serious financial crimes, as well as their cross-border nature, the European Public prosecutor would be best placed to exert its competences on the serious environmental crimes with a cross-border dimension. The Rapporteur recommends that the Commission should assess the possibility to extend the mandate of the EPPO, to include serious environmental crimes.

We have already exceeded five out of nine planetary boundaries, safe limits for humanity. This threatens the livelihood of the planet and our health. Also, the gravity of biodiversity degradation and climate change cause an existential threat to the livelihood. Neglecting and not acting on these threats could constitute an ecocide.

To investigate and prosecute environmental crime effectively, the Rapporteur suggests the development of specialized jurisdictions at national level that would be able to effectively detect, investigate, and prosecute environmental crime, as well as to cooperate with other Member States authorities, including through the sharing of good practices and expertise. Such bodies should be provided with adequate financial and human resources.

The focus should be on prevention and precaution. The operators have a duty to be aware and conduct proper due diligence. The duty to be precautionary and to be aware needs to be part of the general responsibilities of operators and actors. And that is why the Directive must also tackle cases of “willful blindness”, meaning the deliberate avoidance of knowledge of facts. It should not be possible for persons to shield themselves from culpability by turning a blind eye to the situation. As in other fields of criminal legislation, the main principle of criminality and sanctions stems from the harm done.

Acknowledging the crucial role played by civil society and environmental defenders, the Rapporteur proposes strengthening their protection, including against Strategic lawsuits against public participation as well as their capacity to stand in legal proceedings. To facilitate reporting of crime, contact points should be created at EU and national level.

If an offence causes or is likely to cause death or serious injury to any person or substantial damage or is serious, irreversible, or long-lasting, these should be considered aggravating circumstances, not mere criteria for a criminal offence. The extent of environmental harm should be considered in imposing a penalty rather than an element of the crime that must be proven to establish guilt. Furthermore, many offences are committed by simple negligence, and this should be sufficient for criminal liability. If not, we are raising the threshold for investigation.

Environmental crimes are very lucrative for perpetrators, the Rapporteur proposes several provisions in order to strengthen financial reparation obligation but also on confiscation of related assets.

The directive should also cover conduct that is unlawful even if it has the authorisation by a competent authority, if this authorisation is illegal, e.g., an environmental permit has been granted but is contrary to environmental laws.

In order to guarantee compensation to victims of environmental crimes and ensure effective ecological and environmental restoration, the Rapporteur proposes that Member States should establish a dedicated national fund to finance actions aimed at these purposes.

Harsher sanctions for lawbreakers and stronger enforcement are urgently needed. The sanctions need to be high enough to have the desired deterrence effect. The damage is often irreversible and permanent, and we need to create truly effective deterrence. The rapporteur fully supports the proposal to set sanctions for legal persons based on their total worldwide turnover (Article 7(4)), however, she proposes to increase the percentage to 15 to ensure truly effective deterrence.

As public authorities have a duty to set an example, there is no reason to exclude them from the obligations of this Directive, which is why the Rapporteur includes public authorities among the entities covered by the provisions of the Environmental Crime Directive.

Effective enforcement requires capacities, skills, knowledge and training along the full enforcement chain. This is why the rapporteur suggests and supports the efforts to raise awareness and the competencies of investigation, prosecution and judges, as well as the creation of specialised courts, public prosecutors and police force. Furthermore, due to the nature of environmental crime, the role of the European Public Prosecutor's Office should be strengthened in this regard, especially in cases where the Member States fail to act.

While the rapporteur fully supports the improvements in the data collection and statistics, she stresses the importance of transparency in this regard. The rapporteur proposes to make public the statistical data in addition to the consolidated reviews of the Member States.

ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities in the preparation of the draft report:

AMENDMENTS

The Committee on the Environment,Civil PublicLiberties, HealthJustice and FoodHome SafetyAffairs calls on the Committee on Legal Affairs, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a directive

Recital 12

Amendment 2

Proposal for a directive

Recital 1 a (new)

Recital 3

Amendment 3

Proposal for a directive

Recital 13 ba (new)

Amendment 4

Proposal for a directive

Recital 1 c (new)

Recital 4

Amendment 5

Proposal for a directive

Recital 14 da (new)

Amendment 6

Proposal for a directive

Recital 1 e (new)

Recital 6

Amendment 7

Proposal for a directive

Recital 1 f (new)

Recital 7

Amendment 8

Proposal for a directive

Recital 28

Amendment 9

Proposal for a directive

Recital 39

Amendment 10

Proposal for a directive

Recital 3 a (new)

Recital 10

Amendment 11

Proposal for a directive

Recital 411

Amendment 12

Proposal for a directive

Recital 612

Amendment 13

Proposal for a directive

Recital 814

Amendment 14

Proposal for a directive

Recital 9

Recital 14 a (new)

Amendment 15

Proposal for a directive

Recital 1015

Amendment 16

Proposal for a directive

Recital 11 a (new)

Recital 16

Amendment 17

Proposal for a directive

Recital 1217

Amendment 18

Proposal for a directive

Recital 1217 a (new)

Amendment 19

Proposal for a directive

Recital 13

Recital 17 b (new)

Amendment 20

Proposal for a directive

Recital 1419

Amendment 21

Proposal for a directive

Recital 1520

Amendment 22

Proposal for a directive

Recital 1621

Amendment 23

Proposal for a directive

Recital 16 a (new)

Recital 22

Amendment 24

Proposal for a directive

Recital 1723

Amendment 25

Proposal for a directive

Recital 1924

Amendment 26

Proposal for a directive

Recital 20

Recital 24 a (new)

Amendment 27

Proposal for a directive

Recital 21

Recital 24 b (new)

Amendment 28

Proposal for a directive

Recital 2225

Amendment 29

Proposal for a directive

Recital 2326

Amendment 30

Proposal for a directive

Recital 23 a (new)

Recital 28

Amendment 31

Proposal for a directive

Recital 2429

Amendment 32

Proposal for a directive

Recital 24 a (new)

Recital 30

Amendment 33

Proposal for a directive

Recital 2430 ba (new)

Amendment 34

Proposal for a directive

Recital 24 c (new)

Recital 32

Amendment 35

Proposal for a directive

Recital 25

Article 1 – paragraph 1

Directive 2008/99/EC

Article 1

Amendment 36

Proposal for a directive

Recital 26

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

Amendment 37

Proposal for a directive

Recital 26 a (new)

Article 2 – paragraph 1 – point 1 – point b

Directive 2008/99/EC

Amendment 38

Proposal for a directive

Recital 26 b (new)

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

Amendment 39

Proposal for a directive

Recital 28

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

Amendment 40

Proposal for a directive

Recital 30

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

Amendment 41

Proposal for a directive

Recital 30 a (new)

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

Amendment 42

Proposal for a directive

Recital 30 b (new)

Article 2 – paragraph 1 – point 1 – paragraph 1

Directive 2008/99/EC

Amendment 43

Proposal for a directive

Recital 31 a (new)

Article 2 – paragraph 1 – point 3

Directive 2008/99/EC

Amendment 44

Proposal for a directive

Recital 32

Article 2 – paragraph 1 – point 4

Directive 2008/99/EC

Amendment 45

Proposal for a directive

Recital 33

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

Directive 2008/99/EC

Amendment 46

Proposal for a directive

Recital 33 a (new)

Article 3 – paragraph -1 (new)

Directive 2008/99/EC

Amendment 47

Proposal for a directive

Article 13 – paragraph 1 – introductory part

Amendment 48

Proposal for a directive

Article 23 – paragraph 1 – point 1 – subparagraph 1 – point ba

Article 3

Amendment 49

Proposal for a directive

Article 23 – paragraph 1 – point 1 – subparagraph 2b

Article 3

Amendment 50

Proposal for a directive

Article 23 – paragraph 1 – point 2c – introductory part

Article 3

Amendment 51

Proposal for a directive

Article 23 – paragraph 1 – point 2c a (new)paragraph 1

Amendment 52

Proposal for a directive

Article 23 – paragraph 1 – point 3e – introductory part

Amendment 53

Proposal for a directive

Article 23 – paragraph 1 – point 5e a (new)point i

Amendment 54

Proposal for a directive

Article 23 – paragraph 1 – point 5e b (new)point ii

Amendment 55

Proposal for a directive

Article 23 – paragraph 1 – point 5 c (new)f

Amendment 56

Proposal for a directive

Article 23 – paragraph 1 – point 5 d (new)h

Amendment 57

Proposal for a directive

Article 23 – paragraph 1 – point 5 e (new)i

Amendment 58

Proposal for a directive

Article 23 – paragraph 1 – point 5 f (new)k

Amendment 59

Proposal for a directive

Article 23 – paragraph 1 – point 5k ga (new)

Amendment 60

Proposal for a directive

Article 23 – paragraph 1 – point 5 h (new)l

Amendment 61

Proposal for a directive

Article 23 – paragraph 1 – point 5 i (new)m

Amendment 62

Proposal for a directive

Article 23 – paragraph 1 – point 5m ja (new)

Amendment 63

Proposal for a directive

Article 23 – paragraph 1 – point 5n ka (new)

Amendment 64

Proposal for a directive

Article 3 – paragraph 1 – introductorypoint partn b (new)

Amendment 65

Proposal for a directive

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

Amendment 66

Proposal for a directive

Article 3 – paragraph 1 – point bo

Amendment 67

Proposal for a directive

Article 3 – paragraph 1 – point c – subparagraph 1pintroductorypoint partii

Amendment 68

Proposal for a directive

Article 3 – paragraph 1 – point c – subparagraph 1 – pointa iii(new)

Amendment 69

Proposal for a directive

Article 3 – paragraph 1 – point c – subparagraph 1 – point iv a (new)2

Amendment 70

Proposal for a directive

Article 3 – paragraph 1 – point c – subparagraph 13point iv bintroductory (new)part

Amendment 71

Proposal for a directive

Article 3 – paragraph 1 – point c – subparagraph 13 – point via a (new)

Amendment 72

Proposal for a directive

Article 3 – paragraph 13 – point c – subparagraph 2b

Amendment 73

Proposal for a directive

Article 3 – paragraph 13 – point c a (new)e

Amendment 74

Proposal for a directive

Article 3 – paragraph 13 – point ce ba (new)

Amendment 75

Proposal for a directive

Article 3 – paragraph 13 – point ce cb (new)

Amendment 76

Proposal for a directive

Article 3 – paragraph 13 – point de ac (new)

Amendment 77

Proposal for a directive

Article 3 – paragraph 14point d bintroductory (new)part

Amendment 78

Proposal for a directive

Article 3 – paragraph 14 – point e – introductory parta

Amendment 79

Proposal for a directive

Article 3 – paragraph 14 – point e –c pointa i(new)

Amendment 80

Proposal for a directive

Article 3 – paragraph 14 – point e –c pointb ii(new)

Amendment 81

Proposal for a directive

Article 3 – paragraph 14 – point hc c (new)

Amendment 82

Proposal for a directive

Article 3 – paragraph 15pointintroductory ipart

Amendment 83

Proposal for a directive

Article 3 – paragraph 15 – point ja

Amendment 84

Proposal for a directive

Article 3 – paragraph 15 – point kc

Amendment 85

Proposal for a directive

Article 3 – paragraph 15 – point k a (new)d

Amendment 86

Proposal for a directive

Article 3 – paragraph 15 – point ld a (new)

Amendment 87

Proposal for a directive

Article 3 – paragraph 15 – point ld ab (new)

Amendment 88

Proposal for a directive

Article 34 – paragraph 1 – point l b (new)

Amendment 89

Proposal for a directive

Article 34 – paragraph 1 – point m2

Amendment 90

Proposal for a directive

Article 35 – paragraph 1 – point n

Amendment 91

Proposal for a directive

Article 35 – paragraph 1 – point n a (new)2

Amendment 92

Proposal for a directive

Article 35 – paragraph 1 – point n b (new)3

Amendment 93

Proposal for a directive

Article 35 – paragraph 1 – point o4

Amendment 94

Proposal for a directive

Article 35 – paragraph 1 – point p5pointintroductory iipart

Amendment 95

Proposal for a directive

Article 35 – paragraph 15 – point r a (new)

Amendment 96

Proposal for a directive

Article 35 – paragraph 15 – point r b (new)

Amendment 97

Proposal for a directive

Article 35 – paragraph 15 – point rb ca (new)

Amendment 98

Proposal for a directive

Article 35 – paragraph 15 – point r d (new)c

Amendment 99

Proposal for a directive

Article 35 – paragraph 15 – point r e (new)d

Amendment 100

Proposal for a directive

Article 35 – paragraph 15 a (new)point f

Amendment 101

Proposal for a directive

Article 35 – paragraph 25 a (new)

Amendment 102

Proposal for a directive

Article 36 – paragraph 21 a (new)introductory part

Amendment 103

Proposal for a directive

Article 36 – paragraph 3 – introductory part2

Amendment 104

Proposal for a directive

Article 36 – paragraph 3 – point c

Amendment 105

Proposal for a directive

Article 37 – paragraph 3 – point d1

Amendment 106

Proposal for a directive

Article 37 – paragraph 32point e aintroductory (new)part

Amendment 107

Proposal for a directive

Article 37 – paragraph 32 – point e b (new)

Amendment 108

Proposal for a directive

Article 37 – paragraph 32 – point eb ca (new)

Amendment 109

Proposal for a directive

Article 37 – paragraph 32 – point e d (new)c

Amendment 110

Proposal for a directive

Article 37 – paragraph 42introductorypoint partd

Amendment 111

Proposal for a directive

Article 37 – paragraph 42 – point aj

Amendment 112

Proposal for a directive

Article 37 – paragraph 42 – point b a (new)k

Amendment 113

Proposal for a directive

Article 37 – paragraph 4 – point c a (new)3

Amendment 114

Proposal for a directive

Article 37 – paragraph 4 – point c b (new)

Amendment 115

Proposal for a directive

Article 37 – paragraph 5 –4 introductorya part(new)

Amendment 116

Proposal for a directive

Article 37 – paragraph 5 – point b

Amendment 117

Proposal for a directive

Article 37 – paragraph 5 –6 pointa c(new)

Amendment 118

Proposal for a directive

Article 37 – paragraph 5 – point c6 ab (new)

Amendment 119

Proposal for a directive

Article 37 – paragraph 5 – point6 c b (new)

Amendment 120

Proposal for a directive

Article 38 – paragraph 51 – point d a (new)

Amendment 121

Proposal for a directive

Article 38 – paragraph 51 – point d b (new)

Amendment 122

Proposal for a directive

Article 38 – paragraph 51 – point db ca (new)

Amendment 123

Proposal for a directive

Article 38 – paragraph 51 a point b b (new)

Amendment 124

Proposal for a directive

Article 48 – paragraph 1 – point b c (new)

Amendment 125

Proposal for a directive

Article 48 – paragraph 21 – point c

Amendment 126

Proposal for a directive

Article 58 – paragraph 1 – point c a (new)

Amendment 127

Proposal for a directive

Article 58 – paragraph 31 – point d

Amendment 128

Proposal for a directive

Article 58 – paragraph 41 – point d a (new)

Amendment 129

Proposal for a directive

Article 58 – paragraph 41 a (new)point e

Amendment 130

Proposal for a directive

Article 58 – paragraph 41 b (new)point f

Amendment 131

Proposal for a directive

Article 58 – paragraph 51 – point j a (new)

Amendment 132

Proposal for a directive

Article 58 – paragraph 51 – point aj ab (new)

Amendment 133

Proposal for a directive

Article 59 – paragraph 51 – point ba

Amendment 134

Proposal for a directive

Article 5 – paragraph 5 – point c

Article 9 a (new)

Amendment 135

Proposal for a directive

Article 5 – paragraph 510point dtitle

Amendment 136

Proposal for a directive

Article 510 – paragraph 5 – point e1

Amendment 137

Proposal for a directive

Article 510 – paragraph 5 – point e1 a (new)

Amendment 138

Proposal for a directive

Article 510 – paragraph 5 – point e1 b (new)

Amendment 139

Proposal for a directive

Article 510 – paragraph 5 – point g1 ac (new)

Amendment 140

Proposal for a directive

Article 511 – paragraph 5 – point g b (new)1

Amendment 141

Proposal for a directive

Article 611 – paragraph 12introductorypoint parta

Amendment 142

Proposal for a directive

Article 611 – paragraph 12 – point ab

Amendment 143

Proposal for a directive

Article 611 – paragraph 12 – point bc

Amendment 144

Proposal for a directive

Article 612 – paragraph 1 – pointintroductory cpart

Amendment 145

Proposal for a directive

Article 612 – paragraph 21 – point d

Amendment 146

Proposal for a directive

Article 612 – paragraph 31 – point d a (new)

Amendment 147

Proposal for a directive

Article 612 – paragraph 32 b (new)introductory part

Amendment 148

Proposal for a directive

Article 712 – paragraph 12 – point a

Amendment 149

Proposal for a directive

Article 712 – paragraph 12 a (new)point b

Amendment 150

Proposal for a directive

Article 712 – paragraph 2 – point ac

Article 12

Amendment 151

Proposal for a directive

Article 712 – paragraph 2 – pointsubparagraph b1

Amendment 152

Proposal for a directive

Article 712 – paragraph 2 – point c3

Amendment 153

Proposal for a directive

Article 7 – paragraph 2 – point d

Article 12 a (new)

Amendment 154

Proposal for a directive

Article 713 – paragraph 2 – point e1

Amendment 155

Proposal for a directive

Article 713 – paragraph 2 – point g a (new)

Amendment 156

Proposal for a directive

Article 713 – paragraph 2 – pointa j(new)

Amendment 157

Proposal for a directive

Article 713 – paragraph 2 – point j ab (new)

Amendment 158

Proposal for a directive

Article 713 – paragraph 2 – point k ac (new)

Amendment 159

Proposal for a directive

Article 714paragraph 3title

Amendment 160

Proposal for a directive

Article 714 – paragraph 41

Amendment 161

Proposal for a directive

Article 714 – paragraph 51 a (new)

Amendment 162

Proposal for a directive

Article 714 – paragraph 51 ab (new)

Amendment 163

Proposal for a directive

Article 815 – paragraph 1 – point -a (new)

Amendment 164

Proposal for a directive

Article 816 – paragraph 1 – point a

Amendment 165

Proposal for a directive

Article 817 – paragraph 1 – point b

Amendment 166

Proposal for a directive

Article 818 – paragraph 1 – point b a (new)

Amendment 167

Proposal for a directive

Article 8 – paragraph 1 – point b c (new)

Article 19 – title

Amendment 168

Proposal for a directive

Article 819 – paragraph 1 – point cd

Amendment 169

Proposal for a directive

Article 819 – paragraph 1 – point de

Amendment 170

Proposal for a directive

Article 819 – paragraph 1 – pointsubparagraph e1

Amendment 171

Proposal for a directive

Article 8 – paragraph 1 – point f19 a (new)

Amendment 172

Proposal for a directive

Article 820 – paragraph 1 – point i aintroductory (new)part

Amendment 173

Proposal for a directive

Article 820 – paragraph 1 – point j a (new)c

Amendment 174

Proposal for a directive

Article 820 – paragraph 1 – point j b (new)f

Amendment 175

Proposal for a directive

Article 821 – paragraph 12 – point j c (new)b

Amendment 176

Proposal for a directive

Article 921 – paragraph 12introductorypoint partc

Amendment 177

Proposal for a directive

Article 921 – paragraph 12 – point ad

Amendment 178

Proposal for a directive

Article 1021 – paragraph 12 – point d a (new)

Amendment 179

Proposal for a directive

Article 1021 – paragraph 12 a point d b (new)

Amendment 180

Proposal for a directive

Article 1021 – paragraph 12 b point g a (new)

Amendment 181

Proposal for a directive

Article 1021 – paragraph 1 b (new) – point a (new)3

Amendment 182

Proposal for a directive

Article 1021 – paragraph 1 b (new) – point b (new)5

Amendment 183

Proposal for a directive

Article 10 – paragraph 1 c (new)

Article 24 a (new)

Amendment 184

Proposal for a directive

Article 10 – paragraph 1 d (new)

Amendment 185

Proposal for a directive

Article 11 – title

Amendment 186

Proposal for a directive

Article 11 – paragraph 1

Amendment 187

Proposal for a directive

Article 11 – paragraph 1 a (new)

Amendment 188

Proposal for a directive

Article 11 – paragraph 1 b (new)

Amendment 189

Proposal for a directive

Article 11 – paragraph 2 – introductory part

Amendment 190

Proposal for a directive

Article 11 – paragraph 2 – point a

Amendment 191

Proposal for a directive

Article 11 – paragraph 2 – point b

Amendment 192

Proposal for a directive

Article 11 – paragraph 2 – point c

Amendment 193

Proposal for a directive

Article 11 – paragraph 4 – subparagraph 1 – introductory part

Amendment 194

Proposal for a directive

Article 12 – paragraph 1 – point d

Amendment 195

Proposal for a directive

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

Amendment 196

Proposal for a directive

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

Amendment 197

Proposal for a directive

Article 12 – paragraph 2 – subparagraph 1 – introductory part

Amendment 198

Proposal for a directive

Article 12 – paragraph 2 – subparagraph 1 – point a

Amendment 199

Proposal for a directive

Article 12 – paragraph 2 – subparagraph 1 – point c

Amendment 200

Proposal for a directive

Article 12 – paragraph 3 a (new)

Amendment 201

Proposal for a directive

Article 12 – paragraph 3 b (new)

Amendment 202

Proposal for a directive

Article 13 – paragraph 1

Amendment 203

Proposal for a directive

Article 13 – paragraph 2

Amendment 204

Proposal for a directive

Article 13 – paragraph 2 a (new)

Amendment 205

Proposal for a directive

Article 13 – paragraph 2 b (new)

Amendment 206

Proposal for a directive

Article 14 – title

Amendment 207

Proposal for a directive

Article 14 – paragraph -1

Amendment 208

Proposal for a directive

Article 14 – paragraph 1

Amendment 209

Proposal for a directive

Article 15 – paragraph 1

Amendment 210

Proposal for a directive

Article 16 – paragraph 1

Amendment 211

Proposal for a directive

Article 16 – paragraph 1 a (new)

Amendment 212

Proposal for a directive

Article 17 – paragraph 1

Amendment 213

Proposal for a directive

Article 17 – paragraph 1 a (new)

Amendment 214

Proposal for a directive

Article 18 – paragraph 1

Amendment 215

Proposal for a directive

Article 18 – paragraph 1 a (new)

Amendment 216

Proposal for a directive

Article 18 – paragraph 1 b (new)

Amendment 217

Proposal for a directive

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

Amendment 218

Proposal for a directive

Article 19 a (new)

Amendment 219

Proposal for a directive

Article 20 – paragraph 1 – point a

Amendment 220

Proposal for a directive

Article 20 – paragraph 1 – point c

Amendment 221

Proposal for a directive

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

Amendment 222

Proposal for a directive

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

Amendment 223

Proposal for a directive

Article 20 – paragraph 1 – point f

Amendment 224

Proposal for a directive

Article 20 – paragraph 2

Amendment 225

Proposal for a directive

Article 21 – paragraph 2 – point b

Amendment 226

Proposal for a directive

Article 21 – paragraph 2 – point c

Amendment 227

Proposal for a directive

Article 21 – paragraph 2 – point g

Amendment 228

Proposal for a directive

Article 21 – paragraph 3

Amendment 229

Proposal for a directive

Article 21 – paragraph 4

Amendment 230

Proposal for a directive

Article 21 – paragraph 4 a (new)

Amendment 231

Proposal for a directive

Article 22 – paragraph 1

Amendment 232

Proposal for a directive

Article 22 – paragraph 2 – point a

Amendment 233

Proposal for a directive

Article 22 – paragraph 2 a (new)

Amendment 234

Proposal for a directive

Article 25 – title

Amendment 235

Proposal for a directive

Article 25 – paragraph 1

Amendment 236185

Proposal for a directive

Article 25 – paragraph 2

Amendment 237186

Proposal for a directive

Article 25 – paragraph 3

Amendment 238

Proposal for a directive

Article 25 – paragraph 3 a (new)

Amendment 239

Proposal for a directive

Article 25 – paragraph 3 b (new)

Amendment 240

Proposal for a directive

Article 25 – paragraph 3 c (new)

Amendment 241

Proposal for a directive

Article 25 – paragraph 3 d (new)

Amendment 242

Proposal for a directive

Article 25 – paragraph 3 e (new)

Amendment 243

Proposal for a directive

Article 27 a (new)

PROCEDURE – COMMITTEE ASKED FOR OPINION

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION