What changed

SHORT JUSTIFICATION

ORDINARY LEGISLATIVE procedure

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.

Follow up to the 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

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.

1. Rapporteur: Antonius MANDERS (EPP / NL)

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.

2. Reference numbers: 2021/0422 (COD) / A9-0087/2023 / P9_TA(2024)0093

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.

3. Date of adoption of the resolution: 27 February 2024

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.

4. Legal basis: Article 83(2) of the Treaty on the Functioning of the European Union

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.

5. Competent Parliamentary Committee: Committee on Legal Affairs (JURI)

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.

6. Commission's position: accepts all amendments.

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.

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.

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.

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.

AMENDMENTS

The Committee on Civil Liberties, Justice and Home Affairs 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 2

Or. en

Amendment 2

Proposal for a directive

Recital 3

Or. en

Amendment 3

Proposal for a directive

Recital 3 a (new)

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Amendment 4

Proposal for a directive

Recital 4

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Amendment 5

Proposal for a directive

Recital 6

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Amendment 6

Proposal for a directive

Recital 7

Or. en

Amendment 7

Proposal for a directive

Recital 8

Or. en

Amendment 8

Proposal for a directive

Recital 11

Or. en

Amendment 9

Proposal for a directive

Recital 11 a (new)

Or. en

Amendment 10

Proposal for a directive

Recital 12

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Amendment 11

Proposal for a directive

Recital 14

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Amendment 12

Proposal for a directive

Recital 15

Or. en

Amendment 13

Proposal for a directive

Recital 16 a (new)

Or. en

Amendment 14

Proposal for a directive

Recital 17

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Amendment 15

Proposal for a directive

Recital 17 a (new)

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Amendment 16

Proposal for a directive

Recital 17 b (new)

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Amendment 17

Proposal for a directive

Recital 19

Or. en

Amendment 18

Proposal for a directive

Recital 23

Or. en

Amendment 19

Proposal for a directive

Recital 24

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Amendment 20

Proposal for a directive

Recital 24 a (new)

Or. en

Amendment 21

Proposal for a directive

Recital 24 b (new)

Or. en

Amendment 22

Proposal for a directive

Recital 24 c (new)

Or. en

Amendment 23

Proposal for a directive

Recital 25

Or. en

Amendment 24

Proposal for a directive

Recital 25 a (new)

Or. en

Amendment 25

Proposal for a directive

Recital 26

Or. en

Amendment 26

Proposal for a directive

Recital 28

Or. en

Amendment 27

Proposal for a directive

Recital 29 a (new)

Or. en

Amendment 28

Proposal for a directive

Article 1 – paragraph 1

Or. en

Amendment 29

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point b

Or. en

Amendment 30

Proposal for a directive

Article 2 – paragraph 1 – point 1 – paragraph 1

Or. en

Amendment 31

Proposal for a directive

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

Or. en

Amendment 32

Proposal for a directive

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

Or. en

Amendment 33

Proposal for a directive

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

Or. en

Amendment 34

Proposal for a directive

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

Or. en

Amendment 35

Proposal for a directive

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

Or. en

Amendment 36

Proposal for a directive

Article 2 – paragraph 1 – point 3

Or. en

Amendment 37

Proposal for a directive

Article 2 – paragraph 1 – point 4

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Amendment 38

Proposal for a directive

Article 3 – paragraph -1 (new)

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Amendment 39

Proposal for a directive

Article 3 – paragraph 1 – point a

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Amendment 40

Proposal for a directive

Article 3 – paragraph 1 – point b

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Amendment 41

Proposal for a directive

Article 3 – paragraph 1 – point c – introductory part

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Amendment 42

Proposal for a directive

Article 3 – paragraph 1 – point c – paragraph 1

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Amendment 43

Proposal for a directive

Article 3 – paragraph 1 – point e – introductory part

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Amendment 44

Proposal for a directive

Article 3 – paragraph 1 – point e – point ii

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Amendment 45

Proposal for a directive

Article 3 – paragraph 1 – point h

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Amendment 46

Proposal for a directive

Article 3 – paragraph 1 – point i

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Amendment 47

Proposal for a directive

Article 3 – paragraph 1 – point k

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Amendment 48

Proposal for a directive

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

Or. en

Amendment 49

Proposal for a directive

Article 3 – paragraph 1 – point m

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Amendment 50

Proposal for a directive

Article 3 – paragraph 1 – point o

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Amendment 51

Proposal for a directive

Article 3 – paragraph 1 – point p – point ii

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Amendment 52

Proposal for a directive

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

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Amendment 53

Proposal for a directive

Article 3 – paragraph 2

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Amendment 54

Proposal for a directive

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

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Amendment 55

Proposal for a directive

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

Or. en

Amendment 56

Proposal for a directive

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

Or. en

Amendment 57

Proposal for a directive

Article 3 – paragraph 4 – point a

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Amendment 58

Proposal for a directive

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

Or. en

Amendment 59

Proposal for a directive

Article 3 – paragraph 4 – point c b (new)

Or. en

Amendment 60

Proposal for a directive

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

Or. en

Amendment 61

Proposal for a directive

Article 3 – paragraph 5 – introductory part

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Amendment 62

Proposal for a directive

Article 3 – paragraph 5 – point c

Or. en

Amendment 63

Proposal for a directive

Article 3 a (new)

Or. en

Amendment 64

Proposal for a directive

Article 4 – paragraph 1

Or. en

Amendment 65

Proposal for a directive

Article 4 – paragraph 2

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Amendment 66

Proposal for a directive

Article 5 – paragraph 1

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Amendment 67

Proposal for a directive

Article 5 – paragraph 2

Or. en

Amendment 68

Proposal for a directive

Article 5 – paragraph 3

Or. en

Amendment 69

Proposal for a directive

Article 5 – paragraph 4

Or. en

Amendment 70

Proposal for a directive

Article 5 – paragraph 5 – introductory part

Or. en

Amendment 71

Proposal for a directive

Article 5 – paragraph 5 – point a

Or. en

Amendment 72

Proposal for a directive

Article 5 – paragraph 5 – point b

Or. en

Amendment 73

Proposal for a directive

Article 5 – paragraph 5 – point c

Or. en

Amendment 74

Proposal for a directive

Article 5 – paragraph 5 – point d

Or. en

Amendment 75

Proposal for a directive

Article 5 – paragraph 5 a (new)

Or. en

Amendment 76

Proposal for a directive

Article 6 – paragraph 1 – introductory part

Or. en

Amendment 77

Proposal for a directive

Article 6 – paragraph 1 – point c a (new)

Or. en

Amendment 78

Proposal for a directive

Article 6 – paragraph 2

Or. en

Amendment 79

Proposal for a directive

Article 6 – paragraph 3

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Amendment 80

Proposal for a directive

Article 7 – paragraph 1

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Amendment 81

Proposal for a directive

Article 7 – paragraph 2 – introductory part

Or. en

Amendment 82

Proposal for a directive

Article 7 – paragraph 2 – point b

Or. en

Amendment 83

Proposal for a directive

Article 7 – paragraph 2 – point c

Or. en

Amendment 84

Proposal for a directive

Article 7 – paragraph 2 – point d

Or. en

Amendment 85

Proposal for a directive

Article 7 – paragraph 2 – point j

Or. en

Amendment 86

Proposal for a directive

Article 7 – paragraph 2 – point k a (new)

Or. en

Amendment 87

Proposal for a directive

Article 7 – paragraph 4

Or. en

Amendment 88

Proposal for a directive

Article 7 – paragraph 5

Or. en

Amendment 89

Proposal for a directive

Article 7 – paragraph 6 a (new)

Or. en

Amendment 90

Proposal for a directive

Article 7 – paragraph 6 b (new)

Or. en

Amendment 91

Proposal for a directive

Article 8 – paragraph 1 – point a

Or. en

Amendment 92

Proposal for a directive

Article 8 – paragraph 1 – point b

Or. en

Amendment 93

Proposal for a directive

Article 8 – paragraph 1 – point c

Or. en

Amendment 94

Proposal for a directive

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

Or. en

Amendment 95

Proposal for a directive

Article 8 – paragraph 1 – point d

Or. en

Amendment 96

Proposal for a directive

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

Or. en

Amendment 97

Proposal for a directive

Article 8 – paragraph 1 – point e

Or. en

Amendment 98

Proposal for a directive

Article 8 – paragraph 1 – point f

Or. en

Amendment 99

Proposal for a directive

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

Or. en

Amendment 100

Proposal for a directive

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

Or. en

Amendment 101

Proposal for a directive

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

Or. en

Amendment 102

Proposal for a directive

Article 9 – paragraph 1 – point a

Or. en

Amendment 103

Proposal for a directive

Article 9 a (new)

Or. en

Amendment 104

Proposal for a directive

Article 10 – paragraph 1

Or. en

Amendment 105

Proposal for a directive

Article 11 – paragraph 1

Or. en

Amendment 106

Proposal for a directive

Article 11 – paragraph 2 – point a

Or. en

Amendment 107

Proposal for a directive

Article 11 – paragraph 2 – point b

Or. en

Amendment 108

Proposal for a directive

Article 11 – paragraph 2 – point c

Or. en

Amendment 109

Proposal for a directive

Article 11 – paragraph 3

Or. en

Amendment 110

Proposal for a directive

Article 12 – paragraph 1 – introductory part

Or. en

Amendment 111

Proposal for a directive

Article 12 – paragraph 1 – point d

Or. en

Amendment 112

Proposal for a directive

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

Or. en

Amendment 113

Proposal for a directive

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

Or. en

Amendment 114

Proposal for a directive

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

Or. en

Amendment 115

Proposal for a directive

Article 12 – paragraph 2 – introductory part

Or. en

Amendment 116

Proposal for a directive

Article 12 – paragraph 2 – point a

Or. en

Amendment 117

Proposal for a directive

Article 12 – paragraph 2 – point c

Or. en

Amendment 118

Proposal for a directive

Article 12 – paragraph 2 – subparagraph 1

Or. en

Amendment 119

Proposal for a directive

Article 12 – paragraph 3

Or. en

Amendment 120

Proposal for a directive

Article 12 a (new)

Or. en

Amendment 121

Proposal for a directive

Article 13 – paragraph 1

Or. en

Amendment 122

Proposal for a directive

Article 13 – paragraph 2

Or. en

Amendment 123

Proposal for a directive

Article 13 – paragraph 2 a (new)

Or. en

Amendment 124

Proposal for a directive

Article 13 – paragraph 2 b (new)

Or. en

Amendment 125

Proposal for a directive

Article 13 – paragraph 2 c (new)

Or. en

Amendment 126

Proposal for a directive

Article 14 – title

Or. en

Amendment 127

Proposal for a directive

Article 14 – paragraph 1

Or. en

Amendment 128

Proposal for a directive

Article 14 – paragraph 1 a (new)

Or. en

Amendment 129

Proposal for a directive

Article 14 – paragraph 1 b (new)

Or. en

Amendment 130

Proposal for a directive

Article 15 – paragraph 1

Or. en

Amendment 131

Proposal for a directive

Article 16 – paragraph 1

Or. en

Amendment 132

Proposal for a directive

Article 17 – paragraph 1

Or. en

Amendment 133

Proposal for a directive

Article 18 – paragraph 1

Or. en

Amendment 134

Proposal for a directive

Article 18 a (new)

Or. en

Amendment 135

Proposal for a directive

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

Or. en

Amendment 136

Proposal for a directive

Article 19 – paragraph 1 – point e

Or. en

Amendment 137

Proposal for a directive

Article 19 – paragraph 1 – subparagraph 1

Or. en

Amendment 138

Proposal for a directive

Article 20 – paragraph 1 – point c

Or. en

Amendment 139

Proposal for a directive

Article 20 – paragraph 1 – point f

Or. en

Amendment 140

Proposal for a directive

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

Or. en

Amendment 141

Proposal for a directive

Article 21 – paragraph 2 – point d

Or. en

Amendment 142

Proposal for a directive

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

Or. en

Amendment 143

Proposal for a directive

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

Or. en

Amendment 144

Proposal for a directive

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

Or. en

Amendment 145

Proposal for a directive

Article 21 – paragraph 5

Or. en

Amendment 146

Proposal for a directive

Article 25 – paragraph 1

Or. en

Amendment 147

Proposal for a directive

Article 25 – paragraph 2

Or. en

Amendment 148

Proposal for a directive

Article 25 – paragraph 3

Or. en