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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 – C90466/2021 – 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 (C90466/2021),
– 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
Amendment 2
Proposal for a directive
Recital 1 a (new)
Amendment 3
Proposal for a directive
Recital 2
Amendment 4
Proposal for a directive
Recital 3
Amendment 5
Proposal for a directive
Recital 4
Amendment 6
Proposal for a directive
Recital 6
Amendment 7
Proposal for a directive
Recital 7
Amendment 8
Proposal for a directive
Recital 8
Amendment 9
Proposal for a directive
Recital 8 a (new)
Amendment 10
Proposal for a directive
Recital 8 b (new)
Amendment 11
Proposal for a directive
Recital 8 c (new)
Amendment 12
Proposal for a directive
Recital 9
Amendment 13
Proposal for a directive
Recital 10
Amendment 14
Proposal for a directive
Recital 11
Amendment 15
Proposal for a directive
Recital 12
Amendment 16
Proposal for a directive
Recital 13
Amendment 17
Proposal for a directive
Recital 14
Amendment 18
Proposal for a directive
Recital 15
Amendment 19
Proposal for a directive
Recital 15 a (new)
Amendment 20
Proposal for a directive
Recital 16
Amendment 21
Proposal for a directive
Recital 17
Amendment 22
Proposal for a directive
Recital 18 a (new)
Amendment 23
Proposal for a directive
Recital 18 b (new)
Amendment 24
Proposal for a directive
Recital 20
Amendment 25
Proposal for a directive
Recital 22
Amendment 26
Proposal for a directive
Recital 22 a (new)
Amendment 27
Proposal for a directive
Recital 24
Amendment 28
Proposal for a directive
Recital 25
Amendment 29
Proposal for a directive
Recital 25 a (new)
Amendment 30
Proposal for a directive
Recital 25 b (new)
Amendment 31
Proposal for a directive
Recital 26 a (new)
Amendment 32
Proposal for a directive
Recital 26 b (new)
Amendment 33
Proposal for a directive
Recital 27
Amendment 34
Proposal for a directive
Recital 28
Amendment 35
Proposal for a directive
Recital 30 a (new)
Amendment 36
Proposal for a directive
Recital 32
Amendment 37
Proposal for a directive
Article 1 – paragraph 1
Amendment 38
Proposal for a directive
Article 2 – paragraph 1 – point 1 – subparagraph 1 – point a
Amendment 39
Proposal for a directive
Article 2 – paragraph 1 – point 1 – subparagraph 1 – point b
Amendment 40
Proposal for a directive
Article 2 – paragraph 1 – point 1 – subparagraph 2
Amendment 41
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Amendment 42
Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)
Amendment 43
Proposal for a directive
Article 2 – paragraph 1 – point 1 c (new)
Amendment 44
Proposal for a directive
Article 2 – paragraph 1 – point 3
Amendment 45
Proposal for a directive
Article 2 – paragraph 1 – point 4
Amendment 46
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Amendment 47
Proposal for a directive
Article 3 – paragraph 1 – point a
Amendment 48
Proposal for a directive
Article 3 – paragraph 1 – point b
Amendment 49
Proposal for a directive
Article 3 – paragraph 1 – point c – introductory part
Amendment 50
Proposal for a directive
Article 3 – paragraph 1 – point c – subparagraph 2
Amendment 51
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Amendment 52
Proposal for a directive
Article 3 – paragraph 1 – point c b (new)
Amendment 53
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Amendment 54
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Amendment 55
Proposal for a directive
Article 3 – paragraph 1 – point h
Amendment 56
Proposal for a directive
Article 3 – paragraph 1 – point i
Amendment 57
Proposal for a directive
Article 3 – paragraph 1 – point j
Amendment 58
Proposal for a directive
Article 3 – paragraph 1 – point k
Amendment 59
Proposal for a directive
Article 3 – paragraph 1 – point l
Amendment 60
Proposal for a directive
Article 3 – paragraph 1 – point m
Amendment 61
Proposal for a directive
Article 3 – paragraph 1 – point n
Amendment 62
Proposal for a directive
Article 3 – paragraph 1 – point o
Amendment 63
Proposal for a directive
Article 3 – paragraph 1 – point p – point ii
Amendment 64
Proposal for a directive
Article 3 – paragraph 1 – point q
Amendment 65
Proposal for a directive
Article 3 – paragraph 1 – point r a (new)
Amendment 66
Proposal for a directive
Article 3 – paragraph 1 – point r b (new)
Amendment 67
Proposal for a directive
Article 3 – paragraph 1 a (new)
Amendment 68
Proposal for a directive
Article 3 – paragraph 2
Amendment 69
Proposal for a directive
Article 3 – paragraph 3 – point d
Amendment 70
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Amendment 71
Proposal for a directive
Article 3 – paragraph 3 – point e b (new)
Amendment 72
Proposal for a directive
Article 3 – paragraph 3 – point e c (new)
Amendment 73
Proposal for a directive
Article 3 – paragraph 3 – point e d (new)
Amendment 74
Proposal for a directive
Article 3 – paragraph 3 – subparagraph 1 a (new)
Amendment 75
Proposal for a directive
Article 3 – paragraph 4 – introductory part
Amendment 76
Proposal for a directive
Article 3 – paragraph 4 – point a
Amendment 77
Proposal for a directive
Article 3 – paragraph 5 – point b
Amendment 78
Proposal for a directive
Article 3 – paragraph 5 – point c
Amendment 79
Proposal for a directive
Article 3 – paragraph 5 – point d
Amendment 80
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 1 a (new)
Amendment 81
Proposal for a directive
Article 3 – paragraph 5 a (new)
Amendment 82
Proposal for a directive
Article 4 – paragraph 1
Amendment 83
Proposal for a directive
Article 4 – paragraph 2
Amendment 84
Proposal for a directive
Article 5 – paragraph 1
Amendment 85
Proposal for a directive
Article 5 – paragraph 2
Amendment 86
Proposal for a directive
Article 5 – paragraph 4
Amendment 87
Proposal for a directive
Article 5 – paragraph 4 a (new)
Amendment 88
Proposal for a directive
Article 5 – paragraph 5 – point a
Amendment 89
Proposal for a directive
Article 5 – paragraph 5 – point b
Amendment 90
Proposal for a directive
Article 5 – paragraph 5 – point c
Amendment 91
Proposal for a directive
Article 5 – paragraph 5 – point d
Amendment 92
Proposal for a directive
Article 5 – paragraph 5 – point g a (new)
Amendment 93
Proposal for a directive
Article 6 – paragraph 1 – point a
Amendment 94
Proposal for a directive
Article 6 – paragraph 1 – point b
Amendment 95
Proposal for a directive
Article 6 – paragraph 1 a (new)
Amendment 96
Proposal for a directive
Article 6 – paragraph 3
Amendment 97
Proposal for a directive
Article 7 – paragraph 1
Amendment 98
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Amendment 99
Proposal for a directive
Article 7 – paragraph 2 – point a
Amendment 100
Proposal for a directive
Article 7 – paragraph 2 – point b
Amendment 101
Proposal for a directive
Article 7 – paragraph 2 – point d
Amendment 102
Proposal for a directive
Article 7 – paragraph 2 – point k
Amendment 103
Proposal for a directive
Article 7 – paragraph 3
Amendment 104
Proposal for a directive
Article 7 – paragraph 4
Amendment 105
Proposal for a directive
Article 7 – paragraph 5
Amendment 106
Proposal for a directive
Article 8 – paragraph 1 – point a
Amendment 107
Proposal for a directive
Article 8 – paragraph 1 – point b
Amendment 108
Proposal for a directive
Article 8 – paragraph 1 – point c
Amendment 109
Proposal for a directive
Article 8 – paragraph 1 – point d
Amendment 110
Proposal for a directive
Article 8 – paragraph 1 – point j
Amendment 111
Proposal for a directive
Article 8 – paragraph 1 – point j a (new)
Amendment 112
Proposal for a directive
Article 9 – paragraph 1 – point a
Amendment 113
Proposal for a directive
Article 9 – paragraph 1 – point a a (new)
Amendment 114
Proposal for a directive
Article 9 a (new)
Amendment 115
Proposal for a directive
Article 10 – paragraph 1
Amendment 116
Proposal for a directive
Article 11 – paragraph 1
Amendment 117
Proposal for a directive
Article 11 – paragraph 2 – introductory part
Amendment 118
Proposal for a directive
Article 11 – paragraph 2 – point a
Amendment 119
Proposal for a directive
Article 11 – paragraph 2 – point b
Amendment 120
Proposal for a directive
Article 11 – paragraph 2 – point c
Amendment 121
Proposal for a directive
Article 11 – paragraph 3
Amendment 122
Proposal for a directive
Article 12 – paragraph 1 – point d
Amendment 123
Proposal for a directive
Article 12 – paragraph 1 – point d a (new)
Amendment 124
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1 - point a
Amendment 125
Proposal for a directive
Article 13 – paragraph 1
Amendment 126
Proposal for a directive
Article 13 – paragraph 2
Amendment 127
Proposal for a directive
Article 13 – paragraph 2 a (new)
Amendment 128
Proposal for a directive
Article 14 – title
Amendment 129
Proposal for a directive
Article 14 – paragraph 1 a (new)
Amendment 130
Proposal for a directive
Article 14 – paragraph 1 b (new)
Amendment 131
Proposal for a directive
Article 15 – paragraph 1
Amendment 132
Proposal for a directive
Article 16 – paragraph 1
Amendment 133
Proposal for a directive
Article 16 – paragraph 1 a (new)
Amendment 134
Proposal for a directive
Article 17 – paragraph 1
Amendment 135
Proposal for a directive
Article 18 – paragraph 1
Amendment 136
Proposal for a directive
Article 18 – paragraph 1 a (new)
Amendment 137
Proposal for a directive
Article 19 – title
Amendment 138
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Amendment 139
Proposal for a directive
Article 19 – paragraph 1 – point d a (new)
Amendment 140
Proposal for a directive
Article 19 a (new)
Amendment 141
Proposal for a directive
Article 20 – paragraph 1 – point a
Amendment 142
Proposal for a directive
Article 20 – paragraph 1 – point c
Amendment 143
Proposal for a directive
Article 20 – paragraph 1 – point d a (new)
Amendment 144
Proposal for a directive
Article 20 – paragraph 1 – point e
Amendment 145
Proposal for a directive
Article 20 – paragraph 1 – point f
Amendment 146
Proposal for a directive
Article 20 – paragraph 1 – point g a (new)
Amendment 147
Proposal for a directive
Article 20 – paragraph 2
Amendment 148
Proposal for a directive
Article 21 – paragraph 2 – point b
Amendment 149
Proposal for a directive
Article 21 – paragraph 2 – point b a (new)
Amendment 150
Proposal for a directive
Article 21 – paragraph 2 – point c
Amendment 151
Proposal for a directive
Article 21 – paragraph 2 – point d a (new)
Amendment 152
Proposal for a directive
Article 21 – paragraph 2 – point d b (new)
Amendment 153
Proposal for a directive
Article 21 – paragraph 2 – point g a (new)
Amendment 154
Proposal for a directive
Article 21 – paragraph 3
Amendment 155
Proposal for a directive
Article 21 – paragraph 4
Amendment 156
Proposal for a directive
Article 21 – paragraph 5
Amendment 157
Proposal for a directive
Article 21 – paragraph 5 a (new)
Amendment 158
Proposal for a directive
Article 25 – title
Amendment 159
Proposal for a directive
Article 25 – paragraph 1
Amendment 160
Proposal for a directive
Article 25 – paragraph 3
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.
07.12.2022
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)
Amendment 2
Proposal for a directive
Recital 1 b (new)
Amendment 3
Proposal for a directive
Recital 1 c (new)
Amendment 4
Proposal for a directive
Recital 1 d (new)
Amendment 5
Proposal for a directive
Recital 2
Amendment 6
Proposal for a directive
Recital 3
Amendment 7
Proposal for a directive
Recital 3 a (new)
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
Amendment 9
Proposal for a directive
Recital 6 a (new)
Amendment 10
Proposal for a directive
Recital 8
Amendment 11
Proposal for a directive
Recital 11 a (new)
Amendment 12
Proposal for a directive
Recital 12
Amendment 13
Proposal for a directive
Recital 14
Amendment 14
Proposal for a directive
Recital 14 a (new)
Amendment 15
Proposal for a directive
Recital 15
Amendment 16
Proposal for a directive
Recital 16
Amendment 17
Proposal for a directive
Recital 16 a (new)
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
Amendment 19
Proposal for a directive
Recital 20
Amendment 20
Proposal for a directive
Recital 23
Amendment 21
Proposal for a directive
Recital 24 a (new)
Amendment 22
Proposal for a directive
Recital 24 b (new)
Amendment 23
Proposal for a directive
Recital 26 a (new)
Amendment 24
Proposal for a directive
Recital 31 a (new)
Amendment 25
Proposal for a directive
Recital 31 b (new)
Amendment 26
Proposal for a directive
Recital 32
Amendment 27
Proposal for a directive
Article 1 – paragraph 1
Amendment 28
Proposal for a directive
Article 2
Amendment 29
Proposal for a directive
Article 3
Amendment 30
Proposal for a directive
Article 3 a (new)
Amendment 31
Proposal for a directive
Article 4
Amendment 32
Proposal for a directive
Article 5 – paragraph 1
Amendment 33
Proposal for a directive
Article 5 – paragraph 2
Amendment 34
Proposal for a directive
Article 5 – paragraph 5
Amendment 35
Proposal for a directive
Article 6 – paragraph 2
Amendment 36
Proposal for a directive
Article 6 – paragraph 3
Amendment 37
Proposal for a directive
Article 7
Amendment 38
Proposal for a directive
Article 8
Amendment 39
Proposal for a directive
Article 9 – paragraph 1 – point a
Amendment 40
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Justification
It is important to allow the reduction of the penalty if the offender admits his guilt in order to reduce the time of the investigations, the cost of the procedures and to conclude the process as soon as possible providing in this way timely justice to the victims and avoiding further suffering. The reduction of the penalty should be conditioned to a fair compensation to the victims and the environment.
Amendment 41
Proposal for a directive
Article 10 – paragraph 1 a (new)
Justification
As some States already do with assets seized in drug crime, the profits and instruments of environmental crime can be linked to the rehabilitation of natural spaces or the improvement of actions to prosecute environmental crimes, through the creation of social or environmental funds for confiscated assets. In this way, in addition, the fight against environmental crime is projected to society in a more direct and visible way.
Amendment 42
Proposal for a directive
Article 10 – paragraph 1 b (new)
Justification
Many environmental crimes committed in developing countries are linked to organised crime and money laundering. Target 16.4 of 2030 Agenda establishes the objective of “strengthening the recovery and return of stolen assets”. This directive represents an opportunity for the Union to contribute to achieving this goal by allowing the proceeds of environmental crimes committed in developing countries but prosecuted and judged in Member States to be returned to these countries while ensuring they are used for appropriate purposes.
Amendment 43
Proposal for a directive
Article 11 – paragraph 1
Amendment 44
Proposal for a directive
Article 11 – paragraph 1 a (new)
Amendment 45
Proposal for a directive
Article 11 – paragraph 3
Amendment 46
Proposal for a directive
Article 12 – paragraph 1
Amendment 47
Proposal for a directive
Article 12 – paragraph 2
Amendment 48
Proposal for a directive
Article 12 – paragraph 3 b (new)
Justification
Environmental crimes are very often cross-border in nature. To avoid the externalisation of environmental damage, it should be possible to prosecute a legal or natural person for crimes committed in a third country, in particular in the case of ecocide.
Amendment 49
Proposal for a directive
Article 13 – paragraph 1
Amendment 50
Proposal for a directive
Article 13 – paragraph 2
Justification
Both natural and legal persons should be protected when they report environmental offences or assist the investigation. Civil Society Organisations (CSOs), which are often at the forefront of detecting environmental crime need to be protected as well.
Amendment 51
Proposal for a directive
Article 14 – paragraph 1
Amendment 52
Proposal for a directive
Article 14 – paragraph 1 a (new)
Justification
A minimum level of rights should be awarded to the general public in its capacity of exercising representation of nature as a victim of an environmental crime.
Amendment 53
Proposal for a directive
Article 15 – paragraph 1
Amendment 54
Proposal for a directive
Article 15 – paragraph 1 a (new)
Amendment 55
Proposal for a directive
Article 15 a (new)
Amendment 56
Proposal for a directive
Article 16 – paragraph 1
Amendment 57
Proposal for a directive
Article 17 – paragraph 1
Amendment 58
Proposal for a directive
Article 18 – paragraph 1
Amendment 59
Proposal for a directive
Article 19 a (new)
Amendment 60
Proposal for a directive
Article 20 – paragraph 1 – point a
Amendment 61
Proposal for a directive
Article 20 – paragraph 1 – point b
Amendment 62
Proposal for a directive
Article 20 – paragraph 1 – point c
Amendment 63
Proposal for a directive
Article 20 – paragraph 1 – point e
Amendment 64
Proposal for a directive
Article 20 – paragraph 1 – point f
Amendment 65
Proposal for a directive
Article 20 – paragraph 1 – point g a (new)
Amendment 66
Proposal for a directive
Article 21 – paragraph 2
PROCEDURE – COMMITTEE ASKED FOR OPINION
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
25.10.2022
OPINION OF THE COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY
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 – C90466/2021 – 2021/0422(COD))
Rapporteur for opinion: Sirpa Pietikäinen
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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, Public Health and Food Safety 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 1
Amendment 2
Proposal for a directive
Recital 1 a (new)
Amendment 3
Proposal for a directive
Recital 1 b (new)
Amendment 4
Proposal for a directive
Recital 1 c (new)
Amendment 5
Proposal for a directive
Recital 1 d (new)
Amendment 6
Proposal for a directive
Recital 1 e (new)
Amendment 7
Proposal for a directive
Recital 1 f (new)
Amendment 8
Proposal for a directive
Recital 2
Amendment 9
Proposal for a directive
Recital 3
Amendment 10
Proposal for a directive
Recital 3 a (new)
Amendment 11
Proposal for a directive
Recital 4
Amendment 12
Proposal for a directive
Recital 6
Amendment 13
Proposal for a directive
Recital 8
Amendment 14
Proposal for a directive
Recital 9
Amendment 15
Proposal for a directive
Recital 10
Amendment 16
Proposal for a directive
Recital 11 a (new)
Amendment 17
Proposal for a directive
Recital 12
Amendment 18
Proposal for a directive
Recital 12 a (new)
Amendment 19
Proposal for a directive
Recital 13
Amendment 20
Proposal for a directive
Recital 14
Amendment 21
Proposal for a directive
Recital 15
Amendment 22
Proposal for a directive
Recital 16
Amendment 23
Proposal for a directive
Recital 16 a (new)
Amendment 24
Proposal for a directive
Recital 17
Amendment 25
Proposal for a directive
Recital 19
Amendment 26
Proposal for a directive
Recital 20
Amendment 27
Proposal for a directive
Recital 21
Amendment 28
Proposal for a directive
Recital 22
Amendment 29
Proposal for a directive
Recital 23
Amendment 30
Proposal for a directive
Recital 23 a (new)
Amendment 31
Proposal for a directive
Recital 24
Amendment 32
Proposal for a directive
Recital 24 a (new)
Amendment 33
Proposal for a directive
Recital 24 b (new)
Amendment 34
Proposal for a directive
Recital 24 c (new)
Amendment 35
Proposal for a directive
Recital 25
Amendment 36
Proposal for a directive
Recital 26
Amendment 37
Proposal for a directive
Recital 26 a (new)
Amendment 38
Proposal for a directive
Recital 26 b (new)
Amendment 39
Proposal for a directive
Recital 28
Amendment 40
Proposal for a directive
Recital 30
Amendment 41
Proposal for a directive
Recital 30 a (new)
Amendment 42
Proposal for a directive
Recital 30 b (new)
Amendment 43
Proposal for a directive
Recital 31 a (new)
Amendment 44
Proposal for a directive
Recital 32
Amendment 45
Proposal for a directive
Recital 33
Amendment 46
Proposal for a directive
Recital 33 a (new)
Amendment 47
Proposal for a directive
Article 1 – paragraph 1
Amendment 48
Proposal for a directive
Article 2 – paragraph 1 – point 1 – subparagraph 1 – point b
Amendment 49
Proposal for a directive
Article 2 – paragraph 1 – point 1 – subparagraph 2
Amendment 50
Proposal for a directive
Article 2 – paragraph 1 – point 2
Amendment 51
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Amendment 52
Proposal for a directive
Article 2 – paragraph 1 – point 3
Amendment 53
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Amendment 54
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
Amendment 55
Proposal for a directive
Article 2 – paragraph 1 – point 5 c (new)
Amendment 56
Proposal for a directive
Article 2 – paragraph 1 – point 5 d (new)
Amendment 57
Proposal for a directive
Article 2 – paragraph 1 – point 5 e (new)
Amendment 58
Proposal for a directive
Article 2 – paragraph 1 – point 5 f (new)
Amendment 59
Proposal for a directive
Article 2 – paragraph 1 – point 5 g (new)
Amendment 60
Proposal for a directive
Article 2 – paragraph 1 – point 5 h (new)
Amendment 61
Proposal for a directive
Article 2 – paragraph 1 – point 5 i (new)
Amendment 62
Proposal for a directive
Article 2 – paragraph 1 – point 5 j (new)
Amendment 63
Proposal for a directive
Article 2 – paragraph 1 – point 5 k (new)
Amendment 64
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Amendment 65
Proposal for a directive
Article 3 – paragraph 1 – point a
Amendment 66
Proposal for a directive
Article 3 – paragraph 1 – point b
Amendment 67
Proposal for a directive
Article 3 – paragraph 1 – point c – subparagraph 1 – introductory part
Amendment 68
Proposal for a directive
Article 3 – paragraph 1 – point c – subparagraph 1 – point iii
Amendment 69
Proposal for a directive
Article 3 – paragraph 1 – point c – subparagraph 1 – point iv a (new)
Amendment 70
Proposal for a directive
Article 3 – paragraph 1 – point c – subparagraph 1 – point iv b (new)
Amendment 71
Proposal for a directive
Article 3 – paragraph 1 – point c – subparagraph 1 – point vi a (new)
Amendment 72
Proposal for a directive
Article 3 – paragraph 1 – point c – subparagraph 2
Amendment 73
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Amendment 74
Proposal for a directive
Article 3 – paragraph 1 – point c b (new)
Amendment 75
Proposal for a directive
Article 3 – paragraph 1 – point c c (new)
Amendment 76
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Amendment 77
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Amendment 78
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Amendment 79
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Amendment 80
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Amendment 81
Proposal for a directive
Article 3 – paragraph 1 – point h
Amendment 82
Proposal for a directive
Article 3 – paragraph 1 – point i
Amendment 83
Proposal for a directive
Article 3 – paragraph 1 – point j
Amendment 84
Proposal for a directive
Article 3 – paragraph 1 – point k
Amendment 85
Proposal for a directive
Article 3 – paragraph 1 – point k a (new)
Amendment 86
Proposal for a directive
Article 3 – paragraph 1 – point l
Amendment 87
Proposal for a directive
Article 3 – paragraph 1 – point l a (new)
Amendment 88
Proposal for a directive
Article 3 – paragraph 1 – point l b (new)
Amendment 89
Proposal for a directive
Article 3 – paragraph 1 – point m
Amendment 90
Proposal for a directive
Article 3 – paragraph 1 – point n
Amendment 91
Proposal for a directive
Article 3 – paragraph 1 – point n a (new)
Amendment 92
Proposal for a directive
Article 3 – paragraph 1 – point n b (new)
Amendment 93
Proposal for a directive
Article 3 – paragraph 1 – point o
Amendment 94
Proposal for a directive
Article 3 – paragraph 1 – point p – point ii
Amendment 95
Proposal for a directive
Article 3 – paragraph 1 – point r a (new)
Amendment 96
Proposal for a directive
Article 3 – paragraph 1 – point r b (new)
Amendment 97
Proposal for a directive
Article 3 – paragraph 1 – point r c (new)
Amendment 98
Proposal for a directive
Article 3 – paragraph 1 – point r d (new)
Amendment 99
Proposal for a directive
Article 3 – paragraph 1 – point r e (new)
Amendment 100
Proposal for a directive
Article 3 – paragraph 1 a (new)
Amendment 101
Proposal for a directive
Article 3 – paragraph 2
Amendment 102
Proposal for a directive
Article 3 – paragraph 2 a (new)
Amendment 103
Proposal for a directive
Article 3 – paragraph 3 – introductory part
Amendment 104
Proposal for a directive
Article 3 – paragraph 3 – point c
Amendment 105
Proposal for a directive
Article 3 – paragraph 3 – point d
Amendment 106
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Amendment 107
Proposal for a directive
Article 3 – paragraph 3 – point e b (new)
Amendment 108
Proposal for a directive
Article 3 – paragraph 3 – point e c (new)
Amendment 109
Proposal for a directive
Article 3 – paragraph 3 – point e d (new)
Amendment 110
Proposal for a directive
Article 3 – paragraph 4 – introductory part
Amendment 111
Proposal for a directive
Article 3 – paragraph 4 – point a
Amendment 112
Proposal for a directive
Article 3 – paragraph 4 – point b a (new)
Amendment 113
Proposal for a directive
Article 3 – paragraph 4 – point c a (new)
Amendment 114
Proposal for a directive
Article 3 – paragraph 4 – point c b (new)
Amendment 115
Proposal for a directive
Article 3 – paragraph 5 – introductory part
Amendment 116
Proposal for a directive
Article 3 – paragraph 5 – point b
Amendment 117
Proposal for a directive
Article 3 – paragraph 5 – point c
Amendment 118
Proposal for a directive
Article 3 – paragraph 5 – point c a (new)
Amendment 119
Proposal for a directive
Article 3 – paragraph 5 – point c b (new)
Amendment 120
Proposal for a directive
Article 3 – paragraph 5 – point d a (new)
Amendment 121
Proposal for a directive
Article 3 – paragraph 5 – point d b (new)
Amendment 122
Proposal for a directive
Article 3 – paragraph 5 – point d c (new)
Amendment 123
Proposal for a directive
Article 3 – paragraph 5 a (new)
Amendment 124
Proposal for a directive
Article 4 – paragraph 1
Amendment 125
Proposal for a directive
Article 4 – paragraph 2
Amendment 126
Proposal for a directive
Article 5 – paragraph 1 a (new)
Amendment 127
Proposal for a directive
Article 5 – paragraph 3
Amendment 128
Proposal for a directive
Article 5 – paragraph 4
Amendment 129
Proposal for a directive
Article 5 – paragraph 4 a (new)
Amendment 130
Proposal for a directive
Article 5 – paragraph 4 b (new)
Amendment 131
Proposal for a directive
Article 5 – paragraph 5 – point a
Amendment 132
Proposal for a directive
Article 5 – paragraph 5 – point a a (new)
Amendment 133
Proposal for a directive
Article 5 – paragraph 5 – point b
Amendment 134
Proposal for a directive
Article 5 – paragraph 5 – point c
Amendment 135
Proposal for a directive
Article 5 – paragraph 5 – point d
Amendment 136
Proposal for a directive
Article 5 – paragraph 5 – point e
Amendment 137
Proposal for a directive
Article 5 – paragraph 5 – point e a (new)
Amendment 138
Proposal for a directive
Article 5 – paragraph 5 – point e b (new)
Amendment 139
Proposal for a directive
Article 5 – paragraph 5 – point g a (new)
Amendment 140
Proposal for a directive
Article 5 – paragraph 5 – point g b (new)
Amendment 141
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Amendment 142
Proposal for a directive
Article 6 – paragraph 1 – point a
Amendment 143
Proposal for a directive
Article 6 – paragraph 1 – point b
Amendment 144
Proposal for a directive
Article 6 – paragraph 1 – point c
Amendment 145
Proposal for a directive
Article 6 – paragraph 2
Amendment 146
Proposal for a directive
Article 6 – paragraph 3 a (new)
Amendment 147
Proposal for a directive
Article 6 – paragraph 3 b (new)
Amendment 148
Proposal for a directive
Article 7 – paragraph 1
Amendment 149
Proposal for a directive
Article 7 – paragraph 1 a (new)
Amendment 150
Proposal for a directive
Article 7 – paragraph 2 – point a
Amendment 151
Proposal for a directive
Article 7 – paragraph 2 – point b
Amendment 152
Proposal for a directive
Article 7 – paragraph 2 – point c
Amendment 153
Proposal for a directive
Article 7 – paragraph 2 – point d
Amendment 154
Proposal for a directive
Article 7 – paragraph 2 – point e
Amendment 155
Proposal for a directive
Article 7 – paragraph 2 – point g a (new)
Amendment 156
Proposal for a directive
Article 7 – paragraph 2 – point j
Amendment 157
Proposal for a directive
Article 7 – paragraph 2 – point j a (new)
Amendment 158
Proposal for a directive
Article 7 – paragraph 2 – point k a (new)
Amendment 159
Proposal for a directive
Article 7 – paragraph 3
Amendment 160
Proposal for a directive
Article 7 – paragraph 4
Amendment 161
Proposal for a directive
Article 7 – paragraph 5
Amendment 162
Proposal for a directive
Article 7 – paragraph 5 a (new)
Amendment 163
Proposal for a directive
Article 8 – paragraph 1 – point -a (new)
Amendment 164
Proposal for a directive
Article 8 – paragraph 1 – point a
Amendment 165
Proposal for a directive
Article 8 – paragraph 1 – point b
Amendment 166
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Amendment 167
Proposal for a directive
Article 8 – paragraph 1 – point b c (new)
Amendment 168
Proposal for a directive
Article 8 – paragraph 1 – point c
Amendment 169
Proposal for a directive
Article 8 – paragraph 1 – point d
Amendment 170
Proposal for a directive
Article 8 – paragraph 1 – point e
Amendment 171
Proposal for a directive
Article 8 – paragraph 1 – point f a (new)
Amendment 172
Proposal for a directive
Article 8 – paragraph 1 – point i a (new)
Amendment 173
Proposal for a directive
Article 8 – paragraph 1 – point j a (new)
Amendment 174
Proposal for a directive
Article 8 – paragraph 1 – point j b (new)
Amendment 175
Proposal for a directive
Article 8 – paragraph 1 – point j c (new)
Amendment 176
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Amendment 177
Proposal for a directive
Article 9 – paragraph 1 – point a
Amendment 178
Proposal for a directive
Article 10 – paragraph 1
Amendment 179
Proposal for a directive
Article 10 – paragraph 1 a (new)
Amendment 180
Proposal for a directive
Article 10 – paragraph 1 b (new)
Amendment 181
Proposal for a directive
Article 10 – paragraph 1 b (new) – point a (new)
Amendment 182
Proposal for a directive
Article 10 – paragraph 1 b (new) – point b (new)
Amendment 183
Proposal for a directive
Article 10 – paragraph 1 c (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 236
Proposal for a directive
Article 25 – paragraph 2
Amendment 237
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
6.2.2023
OPINION OF THE COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS
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
(COM(2021)0851 – C90466/2021 – 2021/0422(COD))
Rapporteur for opinion: Saskia Bricmont
SHORT JUSTIFICATION
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.
PROCEDURE – COMMITTEE ASKED FOR OPINION
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
8.12.2022
OPINION OF THE COMMITTEE ON PETITIONS
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 – C90466/2021 – 2021/0422(COD))
Rapporteur for opinion: Vlad Gheorghe
SHORT JUSTIFICATION
Directive 2008/99/EC on the protection of the environment through criminal law, together with Directive 2004/35 on environmental liability and Regulation (EU) 2019/1010 on the transposition of information obligations in the field of environmental law, constitute the current threefold EU legislative reference on environmental crime. Their purpose is to make environmental offenders criminally liable and to leave to the Member States the type of penalty applicable, provided that they are effective, proportionate and dissuasive penalties for this type of crime, when committed intentionally or as a result of serious negligence.
However, as evidenced by the impact assessment carried out by the European Commission in 2020, the number of cases successfully prosecuted has been low, sanctions have been insufficient to be dissuasive and cross-border cooperation has been low. Moreover, given the differences between the legal systems of the various States, it has proved difficult to define indeterminate legal concepts. Shortcomings were also identified in the Member States in terms of resources, expertise, awareness raising, prioritisation, cooperation and information exchange, and it was found that there were no comprehensive national strategies to fight environmental crime at all levels of the implementation chain and a multidisciplinary approach. Moreover, the lack of coordination between the application of administrative and criminal laws and sanctions often leads to a lack of effectiveness. The lack of reliable, accurate and complete statistical data on environmental crime proceedings in the Member States prevented national policy-makers and practitioners from monitoring the effectiveness of their measures. Based on the results of the evaluation, the Commission decided to revise the Directive so that the legislative proposal to fight environmental crime meets one of the key commitments of the European Green Deal.
For its part, the Committee on Petitions has noted, through the petitions received, that environmental crimes jeopardise the objectives of the Green Deal both in terms of negative and often irreversible environmental effects and economic losses as it is often connected to money laundering, corruption, counterfeiting, trafficking, physical violence and murder, extending the effects beyond damage to the habitat. In addition, highly lucrative and low risk character of the environmental crime creates unfair competition for legal business activities. Indeed, the numerous petitions on environmental damage caused by human action often highlight the lack of efficiency and capacity of national authorities to detect, investigate and prosecute environmental crimes. In addition, criminal organisations and mafias threaten the conservation of biodiversity and environmental heritage.
Their devastating effects affect the health, safety and well-being of EU citizens, victims in various ways, who call for better cross-border cooperation, which is crucial for the effective implementation of the Directive. It should also be stressed that environmental crime can affect entire ecosystems and that these can include cross-border areas and that it is therefore of utmost importance to have a definition of the cross-border dimension of crime that serves to establish the tools for investigating and prosecuting it.
However, the ongoing amendment should not be limited to definitions, but should give us the opportunity to fight crime and to provide us with a stronger tool than the current Directive 2008/99/EC. The Rapporteur firmly believes that environmental crimes, especially in large scale, are often linked to other serious criminal offences, which jeopardises the EU security objectives, EU financial interest and the EU Greed Deal commitments. This link needs to be identified and addressed in light of Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime. The central axes of the PETI Committee’s contribution in the form of a legislative opinion are:
to achieve the effectiveness and agility of the regulatory regime through the establishment of a system based on equal penalties for the same crime, so that potential perpetrators do not perceive that some EU States offer a lighter and less effective regulatory regime. The Rapporteur stresses that persistent difference in the penalty levels place to the hand of criminals as they can profit from judicial asymmetries and chose the less restrictive jurisdictions, which de facto constitutes an incentive for the perpetrators to commit crimes;
to consider as an aggravating fact that environmental damage affects EU protected areas or areas of cultural importance. The Rapporteur is of the view that consistent penalties across EU Member States will dissuade the criminals who still consider such activities as low-risk and high-gain;
to take into account the financial cost of crime as an important indicator of its scale and the systematic application of high sanctions as a preventive measure, as well as the use of the proceeds of sanctions to finance nature conservation measures, measures to combat environmental crimes and compensation to victims. The Rapporteur considers more appropriate to use terms such as “finance and complete restoration”, rather than “reinstate”, as crime perpetrators might lack the competence and knowledge to restore the destroyed area and that such financing will give more resources for achieving the objectives of the Directive;
to establish an EU Green Prosecutor by extending the competence of the European Public Prosecutor’s Office (in accordance with Article 86(4) TFEU) to include environmental crimes with known links to organised crime, as also requested by the European Parliament and suggested by the EESC. The Rapporteur believes that the example of the successful EPPO work on cross-border financial crime underlines the need of this body to deal with environmental crime. Thanks to its structure, competences, tools and working methods, it is the institution best placed to coordinate and support the efforts of the Member States, which in turn will be able to rely on the support of the Green Prosecutor for the investigation and coordination of cross-border operations, the exchange of information and the promotion of best practices;
to highlight that cross-border cooperation between EU Member States and coordination across the EU are key to achieve the objectives as the wide and complex scope of environmental crime requires specialised police units with mutual assistance in criminal matters, joint investigation teams, exchange of criminal records and mutual recognition instruments (arrest warrant, fines, confiscation orders). These units must be well trained and equipped with the financial and technical resources necessary for the performance of their duties;
to promote the exchange of available data between the Member States and cooperation with European networks such as Europol and Eurojust to ensure that their national strategies take into account the latest available data and trends in the field of environmental crime. The Rapporteur argues that Europol plays an important role in addressing the European angle of environmental crime but a stronger call on Member States to share information with Europol is necessary;
to support and to protect citizens, NGOs and associations that report environmental crime and can therefore become victims of retaliation. The Rapporteur says that by speaking of "citizens and NGOs" we underline the agency they have in reporting the crime.
AMENDMENTS
The Committee on Petitions 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 1 a (new)
Amendment 2
Proposal for a directive
Recital 1 b (new)
Amendment 3
Proposal for a directive
Recital 2
Amendment 4
Proposal for a directive
Recital 2 a (new)
Amendment 5
Proposal for a directive
Recital 5 a (new)
Amendment 6
Proposal for a directive
Recital 7
Amendment 7
Proposal for a directive
Recital 8 a (new)
Amendment 8
Proposal for a directive
Recital 8 b (new)
Amendment 9
Proposal for a directive
Recital 9
Amendment 10
Proposal for a directive
Recital 9 a (new)
Amendment 11
Proposal for a directive
Recital 11 a (new)
Amendment 12
Proposal for a directive
Recital 11 b (new)
Amendment 13
Proposal for a directive
Recital 13
Amendment 14
Proposal for a directive
Recital 14
Amendment 15
Proposal for a directive
Recital 15
Amendment 16
Proposal for a directive
Recital 16
Amendment 17
Proposal for a directive
Recital 17
Amendment 18
Proposal for a directive
Recital 17 a (new)
Amendment 19
Proposal for a directive
Recital 19
Amendment 20
Proposal for a directive
Recital 22 a (new)
Amendment 21
Proposal for a directive
Recital 24
Amendment 22
Proposal for a directive
Recital 24 a (new)
Amendment 23
Proposal for a directive
Recital 25
Amendment 24
Proposal for a directive
Recital 25 a (new)
Amendment 25
Proposal for a directive
Recital 25 b (new)
Amendment 26
Proposal for a directive
Recital 26
Amendment 27
Proposal for a directive
Recital 26 a (new)
Amendment 28
Proposal for a directive
Recital 28
Amendment 29
Proposal for a directive
Recital 30 a (new)
Justification
Member States should apply to the assistance of European networks to make sure their national strategies take into account the latest available data and tendencies in the area of environmental crime.
Amendment 30
Proposal for a directive
Recital 30 b (new)
Amendment 31
Proposal for a directive
Recital 30 c (new)
Amendment 32
Proposal for a directive
Recital 31
Amendment 33
Proposal for a directive
Recital 31 a (new)
Amendment 34
Proposal for a directive
Recital 32
Amendment 35
Proposal for a directive
Article 1 – paragraph 1
Amendment 36
Proposal for a directive
Article 2 – paragraph 1 – point 1 – subparagraph 2
Amendment 37
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Amendment 38
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Amendment 39
Proposal for a directive
Article 2 – paragraph 1 – point 3
Amendment 40
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Amendment 41
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
Amendment 42
Proposal for a directive
Article 3 – paragraph -1 (new)
Amendment 43
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Amendment 44
Proposal for a directive
Article 3 – paragraph 1 – point a
Amendment 45
Proposal for a directive
Article 3 – paragraph 1 – point b
Amendment 46
Proposal for a directive
Article 3 – paragraph 1 – point c – introductory part
Amendment 47
Proposal for a directive
Article 3 – paragraph 1 – point c – point vi a (new)
Amendment 48
Proposal for a directive
Article 3 – paragraph 1 – point c – subparagraph 2
Amendment 49
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Amendment 50
Proposal for a directive
Article 3 – paragraph 1 – point c b (new)
Amendment 51
Proposal for a directive
Article 3 – paragraph 1 –point c c (new)
Amendment 52
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Amendment 53
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Amendment 54
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Amendment 55
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Amendment 56
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Amendment 57
Proposal for a directive
Article 3 – paragraph 1 – point h
Amendment 58
Proposal for a directive
Article 3 – paragraph 1 – point i
Amendment 59
Proposal for a directive
Article 3 – paragraph 1 – point j
Amendment 60
Proposal for a directive
Article 3 – paragraph 1 – point k
Amendment 61
Proposal for a directive
Article 3 – Paragraph 1 – point k a (new)
Amendment 62
Proposal for a directive
Article 3 – paragraph 1 – point l
Amendment 63
Proposal for a directive
Article 3 – paragraph 1 – point m
Amendment 64
Proposal for a directive
Article 3 – paragraph 1 – point n
Amendment 65
Proposal for a directive
Article 3 – paragraph 1 – point n a (new)
Amendment 66
Proposal for a directive
Article 3 – paragraph 1 – point n b (new)
Amendment 67
Proposal for a directive
Article 3 – paragraph 1 – point o
Amendment 68
Proposal for a directive
Article 3 – paragraph 1 – point p – point ii
Amendment 69
Proposal for a directive
Article 3 – paragraph 1 – point r a (new)
Amendment 70
Proposal for a directive
Article 3 – paragraph 1 – point r b (new)
Amendment 71
Proposal for a directive
Article 3 – paragraph 2
Amendment 72
Proposal for a directive
Article 3 – paragraph 2 a (new)
Amendment 73
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Amendment 74
Proposal for a directive
Article 3 – paragraph 3 – point e b (new)
Amendment 75
Proposal for a directive
Article 3 – paragraph 3 – point e c (new)
Amendment 76
Proposal for a directive
Article 3 – paragraph 3 – point e d (new)
Amendment 77
Proposal for a directive
Article 3 – paragraph 4 – introductory part
Amendment 78
Proposal for a directive
Article 3 – paragraph 4 – point c a (new)
Amendment 79
Proposal for a directive
Article 3 – paragraph 4 – point c b (new)
Amendment 80
Proposal for a directive
Article 3 – paragraph 5 – point b
Amendment 81
Proposal for a directive
Article 3 – paragraph 5 – point d a (new)
Amendment 82
Proposal for a directive
Article 3 – paragraph 5 – point d b (new)
Amendment 83
Proposal for a directive
Article 4 – paragraph 1
Amendment 84
Proposal for a directive
Article 4 – paragraph 2
Amendment 85
Proposal for a directive
Article 5 – paragraph 1 a (new)
Amendment 86
Proposal for a directive
Article 5 – paragraph 2
Amendment 87
Proposal for a directive
Article 5 – paragraph 4 a (new)
Amendment 88
Proposal for a directive
Article 5 – paragraph 5 – point a
Amendment 89
Proposal for a directive
Article 5 – paragraph 5 – point b
Amendment 90
Proposal for a directive
Article 6 – paragraph 3
Amendment 91
Proposal for a directive
Article 7 – paragraph 1
Amendment 92
Proposal for a directive
Article 7 – paragraph 1 a (new)
Amendment 93
Proposal for a directive
Article 7 – paragraph 2 – point b
Amendment 94
Proposal for a directive
Article 7 – paragraph 2 – point i a (new)
Amendment 95
Proposal for a directive
Article 7 – paragraph 2 – point k
Amendment 96
Proposal for a directive
Article 7 – paragraph 4
Amendment 97
Proposal for a directive
Article 7 – paragraph 5
Amendment 98
Proposal for a directive
Article 7 – paragraph 5 a (new)
Amendment 99
Proposal for a directive
Article 7 – paragraph 6 a (new)
Amendment 100
Proposal for a directive
Article 8 – paragraph 1– point b
Amendment 101
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Amendment 102
Proposal for a directive
Article 8 – paragraph 1 – point f a (new)
Amendment 103
Proposal for a directive
Article 8 – paragraph 1 – point j a (new)
Amendment 104
Proposal for a directive
Article 9 – paragraph 1– point a
Amendment 105
Proposal for a directive
Article 10 – paragraph 1 a (new)
Amendment 106
Proposal for a directive
Article 10 – paragraph 1 a – point a (new)
Amendment 107
Proposal for a directive
Article 10 – paragraph 1 a – point b (new)
Amendment 108
Proposal for a directive
Article 10 – paragraph 1 a – point c (new)
Amendment 109
Proposal for a directive
Article 11 – paragraph 1
Amendment 110
Proposal for a directive
Article 11 – paragraph 1 a (new)
Amendment 111
Proposal for a directive
Article 11 – paragraph 2 – introductory part
Amendment 112
Proposal for a directive
Article 12 – paragraph 1 – point d a (new)
Amendment 113
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1 – point a
Amendment 114
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1 – point c
Amendment 115
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 2
Amendment 116
Proposal for a directive
Article 12 – paragraph 3 a (new)
Amendment 117
Proposal for a directive
Article 13 – paragraph 1
Amendment 118
Proposal for a directive
Article 13 – paragraph 2
Amendment 119
Proposal for a directive
Article 13 – paragraph 2 a (new)
Amendment 120
Proposal for a directive
Article 14 – title
Amendment 121
Proposal for a directive
Article 14 – paragraph -1 (new)
Amendment 122
Proposal for a directive
Article 14 – paragraph 1
Amendment 123
Proposal for a directive
Article 14 – paragraph 1 a (new)
Amendment 124
Proposal for a directive
Article 15 – paragraph 1
Amendment 125
Proposal for a directive
Article 16 a (new)
Amendment 126
Proposal for a directive
Article 17 – paragraph 1
Amendment 127
Proposal for a directive
Article 18 – paragraph 1
Amendment 128
Proposal for a directive
Article 18 – paragraph 1 a (new)
Amendment 129
Proposal for a directive
Article 19 – paragraph 1
Amendment 130
Proposal for a directive
Article 19 a (new)
Amendment 131
Proposal for a directive
Article 20 – paragraph 1 – point d a (new)
Amendment 132
Proposal for a directive
Article 20 – paragraph 2
Amendment 133
Proposal for a directive
Article 21 – paragraph 3
Amendment 134
Proposal for a directive
Article 22 – paragraph 2 – point a a (new)
Amendment 135
Proposal for a directive
Article 25 – paragraph 3 a (new)
Amendment 136
Proposal for a directive
Article 25 – paragraph 3 b (new)
Amendment 137
Proposal for a directive
Article 27 a (new)
PROCEDURE – COMMITTEE ASKED FOR OPINION
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
PROCEDURE – COMMITTEE RESPONSIBLE
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE