Sittings · Document

OPINION (COM(2021)0851 – C90466/2021 – 2021/0422(COD)) 2022-12-09

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

Committee on Petitions · Rapporteur: 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)

Text proposed by the Commission	Amendment
	(1a) The Union recognises the fundamental rights as enshrined in the Charter of Fundamental Rights of the European Union, including a high level of environmental protection and the improvement of the quality of the environment (Article 37), the right to life (Article 2) and the right to personal integrity (Article 3). The Union must ensure full enjoyment of these rights by all persons, entailing responsibilities and duties with regard to the human community and to future generations. Considering that the impact of environmental crime not only affects biodiversity, climate and planetary boundaries, but also human rights and human and environmental health, the fight against environmental crime should be a priority at Union level in order to ensure full protection of these rights and prevent environmental damage.

Amendment 2

Proposal for a directive

Recital 1 b (new)

Text proposed by the Commission	Amendment
	(1b) The ECHR's case law only provides for indirect protection of the right to a healthy environment by sanctioning only environmental violations that simultaneously result in an infringement of other human rights already recognized in the European Convention on Human Rights.

Amendment 3

Proposal for a directive

Recital 2

Text proposed by the Commission	Amendment
(2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offences pose a threat to the environment and therefore call for an appropriate and effective response.	(2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offences pose a threat to the environment and therefore call for an appropriate and effective response. The improvement of cross-border cooperation that works in a more systematic manner between competent authorities at national and Union level would help to better implement Union environmental criminal law.

Amendment 4

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission	Amendment
	(2a) Citizens of the Union expressed concerns in a number of petitions delivered to the European Parliament and transmitted to the Commission on the disruptions and deterioration of the environment demanding the right to live in a healthy environment and access to justice in environmental matters.

Amendment 5

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission	Amendment
	(5a) The establishment of sanctions regarding illegal dumping of inert materials and its consequences on soil, ecosystem and environment is essential in the fight against pollution and polluters. These sanctions should be the ones provided for offences under Article 3(1), point (e)(ii) of this Directive.

Amendment 6

Proposal for a directive

Recital 7

Text proposed by the Commission	Amendment
(7) In order to constitute an environmental offence under this Directive, conduct should be unlawful under Union law protecting the environment or national laws, administrative regulations or decisions giving effect to that Union law. The conduct which constitutes each category of criminal offence should be defined and, where appropriate, a threshold which needs to be met for the conduct to be criminalised should be set. Such conduct should be considered a criminal offence when committed intentionally and, in certain cases, also when committed with serious negligence. Illegal conduct that causes death or serious injury of persons, substantial damage or a considerable risk of substantial damage for the environment or is considered otherwise as particularly harmful to the environment constitutes a criminal offence when committed with serious negligence. Member States remain free to adopt or maintain more stringent criminal law rules in that area.	(7) In order to constitute an environmental offence under this Directive, conduct should be unlawful under Union law protecting the environment or national laws, administrative regulations or decisions giving effect to that Union law. The conduct which constitutes each category of criminal offence should be defined and, where appropriate, a threshold which needs to be met for the conduct to be criminalised should be set. Such conduct should be considered a criminal offence when committed intentionally or with serious negligence. Member States remain free to adopt or maintain more stringent criminal law rules in that area.

Amendment 7

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission	Amendment
	(8a) In order to cover all forms of environmental crimes, and in line with existing legislation in different national criminal law systems, Member States should criminalise autonomous categories of environmental offences by creating an offence of endangering the environment when a conduct directly or indirectly exposes the environment to an immediate risk of substantial damage or when, knowingly, a conduct causes a substantial damage to the environment. Criminal law has its own characteristics, which make it more dissuasive than administrative law, especially in terms of applicable sanctions.

Amendment 8

Proposal for a directive

Recital 8 b (new)

Text proposed by the Commission	Amendment
	(8b) Public authorities or undertakings should not be prevented from being prosecuted where they have knowingly used their powers to incite, participate in or be complicit in an action in breach of environmental law, which may constitute a criminal offence. Officials of national governments and public bodies can commit environmental crimes either ‘directly’, by breaching environmental duties or omitting to act in conformity with them, or by facilitating offences committed by entities, such as multinational corporations.

Amendment 9

Proposal for a directive

Recital 9

Text proposed by the Commission	Amendment
(9) The environment should be protected in a wide sense, as set out under Article 3 (3) TEU and Article 191 TFEU, covering all natural resources - air, water, soil, wild fauna and flora including habitats - as well as services provided by natural resources.	(9) The environment should be protected in a wide sense, as set out under Article 3 (3) TEU and Article 191 TFEU, covering all natural resources - air, water, soil, wild fauna and flora including habitats, ecosystems and species population - as well as functions and services provided by natural resources.

Amendment 10

Proposal for a directive

Recital 9 a (new)

Text proposed by the Commission	Amendment
	(9a) While the recognition of the crime of ecocide is currently being discussed in several national parliaments around the world and in the Union, the Union should seize this issue to remain a world leader in environmental protection legislation and to ensure harmonised definition and sanctions ex ante, and not ex post. Member States shall therefore adopt a crime of ecocide, which shall be considered a criminal offence for the purposes of this Directive and be defined as unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused. This specific crime makes it possible to identify the most serious damage to the environment and thus to provide for a graduation of sanctions according to the gravity of the harm to the environment.

Amendment 11

Proposal for a directive

Recital 11 a (new)

Text proposed by the Commission	Amendment
	(11a) Environmental crimes can be perpetrated by a range of actors, from individuals, small groups, companies and corporations, corrupt government individuals, organised criminal networks, and often a combination of all these. Large multinational corporations may exploit and damage the environment in order to generate more profit or reduce their costs, including through natural resource exploitation, pollution crimes and hazardous waste disposal.

Amendment 12

Proposal for a directive

Recital 11 b (new)

Text proposed by the Commission	Amendment
	(11b) The "One Health" approach recognizes the interconnection between people, animals, plants, and their shared environment and is an integrated, unifying approach that aims to sustainably balance and optimize the health of people, animals and ecosystems. It recognizes that the health of humans, domestic and wild animals, plants and the wider environment (including ecosystems) are closely interlinked and inter-dependent.

Amendment 13

Proposal for a directive

Recital 13

Text proposed by the Commission	Amendment
(13) Inciting, and aiding and abetting the criminal offences committed intentionally should also be punishable. An attempt to commit a criminal offence that causes death or serious injury of a person, substantial damage to the environment or is likely to cause substantial damage to the environment or is otherwise considered particularly harmful should also constitute a criminal offence when committed intentionally.	(13) Inciting, and aiding and abetting the criminal offences referred to in this Directive should also be punishable. An attempt to commit a criminal offence referred to in this Directive should also constitute a criminal offence when committed intentionally or with serious negligence.

Amendment 14

Proposal for a directive

Recital 14

Text proposed by the Commission	Amendment
(14) Sanctions for the offences should be effective, dissuasive and proportionate. To this end, minimum levels for the maximum term of imprisonment should be set for natural persons. Accessory sanctions are often seen as being more effective than financial sanctions especially for legal persons. Additional sanctions or measures should be therefore available in criminal proceedings. These should include the obligation to reinstate the environment, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases.	(14) Sanctions for the offences should be effective, dissuasive and proportionate. To this end, minimum levels for the maximum term of imprisonment should be set for natural persons. Accessory sanctions are often seen as being more effective than financial sanctions especially for legal persons. Additional sanctions or measures should be therefore available in criminal proceedings. These should include the obligation to fully cover the cost of restoration of the environment, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations. The Commission should present, within one year of the date of entry into force of this Directive, guidance classifying sanctions for national competent authorities, prosecutors and judges. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases.

Amendment 15

Proposal for a directive

Recital 15

Text proposed by the Commission	Amendment
(15) Where national law provides for it, legal persons should also be held criminally liable for environmental criminal offences according to this Directive. Member States whose national law does not provide for the criminal liability of legal persons should ensure that their administrative sanctioning systems provide for effective, dissuasive and proportionate sanctions types and levels as laid down in this Directive in order to achieve its objectives. Financial situation of legal persons should be taken into account to ensure the dissuasiveness of the sanction imposed.	(15) Where national law provides for it, legal persons should also be held criminally liable for environmental criminal offences according to this Directive. Like natural persons, legal persons who are perpetrators, instigators or accomplices in offences should be held responsible and subject to criminal proceedings. Member States whose national law does not provide for the criminal liability of legal persons should ensure that their administrative sanctioning systems provide for effective, dissuasive and proportionate and, where possible, identical sanctions types and levels as laid down in this Directive in order to achieve its objectives. Financial situation of legal persons, the direct and indirect environmental consequences in the short, medium and long term as well as, if applicable, the irreversible nature of the environmental damage, should be taken into account to ensure the dissuasiveness of the sanction imposed. Finally, the level of criminal sanctions applicable to legal persons for other categories of offences should be taken into account.

Amendment 16

Proposal for a directive

Recital 16

Text proposed by the Commission	Amendment
(16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these elements are not already constituent for the criminal offence, these could be considered as aggravating circumstances. Equally, when an environmental criminal offence causes substantial and irreversible or long-lasting damage to an entire ecosystem, this should be an aggravating circumstance because of its severity, including in cases comparable to ecocide. As the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals, these should be taken into account when determining the appropriate level of sanctioning in the individual case.	(16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these elements are not already constituent for the criminal offence, these could be considered as aggravating circumstances. Equally, when an environmental criminal offence causes substantial and irreversible or long-lasting damage to an entire ecosystem or to the conservation of populations of wild animal or plant species, this should be an aggravating circumstance because of its severity, including in cases comparable to ecocide. As the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals, these should be taken into account when determining the appropriate level of sanctioning in the individual case.

Amendment 17

Proposal for a directive

Recital 17

Text proposed by the Commission	Amendment
(17) Where the crimes are of a continuing nature, they should be brought to an end as soon as possible. Where offenders have made financial gains, such gains should be confiscated.	(17) Where the crimes are of a continuing nature, they should be brought to an end as soon as possible. Where offenders have made financial gains, such gains should be confiscated and used for example to repair damages caused to the environment, to compensate victims of those crimes and to finance measures aimed at combating similar crimes.

Amendment 18

Proposal for a directive

Recital 17 a (new)

Text proposed by the Commission	Amendment
	(17a) Lack of national rescue and sanctuary capacity may contribute to the lack of enforcement of relevant provisions related to wildlife trade by a Member State and result in measures inadequate to deter wildlife crime, such as administrative sanctions, without seizure. Dissuasive sanctions, collaboration and exchange between governmental and non-governmental sanctuaries and rescue centres to secure long term and species-appropriate solutions for seized wildlife is needed.

Amendment 19

Proposal for a directive

Recital 19

Text proposed by the Commission	Amendment
(19) Member States should lay down rules concerning limitation periods necessary in order to enable them to counter environmental criminal offences effectively, without prejudice to national rules that do not set limitation periods for investigation, prosecution and enforcement.	(19) Member States should lay down rules concerning limitation periods necessary and adapted to the specificities of environmental damage, the occurrence of which is often spread over time, in order to enable them to counter environmental criminal offences effectively, without prejudice to national rules that do not set limitation periods for investigation, prosecution and enforcement. Member States should ensure that special measures of limitation may be applied in the case of concealment of an offence, in particular where the offender has prevented its discovery. In this case, the time limit shall run only from the day when the offence could be established under conditions that allow prosecution.

Amendment 20

Proposal for a directive

Recital 22 a (new)

Text proposed by the Commission	Amendment
	(22a) As intended in the Environmental Liability Directive (2004/35/CE) and in order to comply with the "polluter pays" principle established in Article 191(2) TFEU, Member States should provide for the creation of a fund dedicated to the financing of environmental remediation or repair, which should be financed by administrative and criminal fines paid by the perpetrator of environmental offences. Confiscated criminal assets should also be used as a source of funding. This fund could be mobilised in the event of an environmental emergency, making it possible to respond in particular to the problems of so called ‘orphan’ pollution, pollution that took place in the past and where the polluter pays principle cannot be applied because the polluter is either unknown, no longer exists, or cannot be made liable.

Amendment 21

Proposal for a directive

Recital 24

Text proposed by the Commission	Amendment
(24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, people perform a service of public interest and play a key role in exposing and preventing such breaches, and thus safeguarding the welfare of society. Individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. Persons who report irregularities are known as whistleblowers. Potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. Such persons should benefit from balanced and effective whistleblowers protection set out under Directive (EU) 2019/1937of the European Parliament and of the Council25 .	(24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, natural and legal persons, such as individuals, associations, or NGOs perform a service of public interest and play a key role in identifying, exposing and preventing such breaches, and thus safeguarding the environment and the welfare of society. Individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. Persons who report irregularities are known as whistleblowers. Potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. Such persons should benefit from balanced and effective whistleblowers protection set out under Directive (EU) 2019/1937of the European Parliament and of the Council25
_________________	_________________
25 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305/17).	25 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305/17).

Amendment 22

Proposal for a directive

Recital 24 a (new)

Text proposed by the Commission	Amendment
	(24a) By monitoring, raising awareness and educating on the issues and consequences of environmental crime, non-governmental organisations play a key role in effectively combating environmental crime and better preventing criminal behaviour.

Amendment 23

Proposal for a directive

Recital 25

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

Amendment 24

Proposal for a directive

Recital 25 a (new)

Text proposed by the Commission	Amendment
	(25a) Environmental defenders who directly protect ecosystems are also often on the front line of the consequences of environmental crime worldwide, including in the Union. They may be directly threatened, intimidated, persecuted, harassed or even murdered by perpetrators, and as such should also benefit from balanced and effective protection. Environmental defenders may also be subject to abusive lawsuits and should be protected from such practices, also known as "strategic lawsuits against public participation".

Amendment 25

Proposal for a directive

Recital 25 b (new)

Text proposed by the Commission	Amendment
	(25b) The European Ombudsman is a key pillar to strengthen the role of civil society in environmental matters with its very important inquiries related to access for the public to environmental documents and transparency of decision-making related to environmental issues. It is of paramount important that Union institutions, agencies and bodies fully cooperate with the Ombudsman and consistently and timely comply with all Ombudsman’s solutions, recommendations and suggestions to ensure the highest levels of good administration, with a view to also enhancing the fight against any possible environmental offence.

Amendment 26

Proposal for a directive

Recital 26

Text proposed by the Commission	Amendment
(26) Since nature cannot represent itself as a victim in criminal proceedings, for the purpose of effective enforcement members of the public concerned, as defined in this Directive taking into account Articles 2(5) and 9(3) of the Aarhus Convention26, should have the possibility to act on behalf of the environment as a public good, within the scope of the Member States’ legal framework and subject to the relevant procedural rules.	(26) Considering the intrinsic value of nature and since nature cannot represent itself as a victim in criminal proceedings, for the purpose of effective enforcement members of the public concerned, as defined in this Directive taking into account Articles 2(5) and 9(3) of the Aarhus Convention26, and therefore including environmental non-governmental organisations, whose role is important notably in the absence of identifiable victims, should have the possibility to act on behalf of the environment as a natural common goods, within the scope of the Member States’ legal framework and subject to the relevant procedural rules. In order to ensure respect for the right to an effective remedy enshrined in Article 47 of the Charter of Fundamental Rights and Article 9(3) of the Aarhus Convention, obstacles to access to justice should be limited.

Amendment 27

Proposal for a directive

Recital 26 a (new)

Text proposed by the Commission	Amendment
	(26a) The Commission should commit to developing guidelines under this Directive to specify the procedural framework for the participation of members of the public in the criminal prosecution of environmental offences, including the definition of easily accessible admissibility criteria.

Amendment 28

Proposal for a directive

Recital 28

Text proposed by the Commission	Amendment
(28) The effective functioning of the enforcement chain depends on a range of specialist skills. As the complexity of the challenges posed by environmental offences and the technical nature of such crime require a multidisciplinary approach, a high level of legal knowledge, technical expertise as well as a high level of training and specialisation within all relevant competent authorities are necessary. Member States should provide training appropriate to the function of those who detect, investigate, prosecute or adjudicate environmental crime. To maximise the professionalism and effectiveness of enforcement chain, Member States should also consider assigning specialised investigation units, prosecutors and criminal judges to deal with environmental criminal cases. General criminal courts could provide for specialised chambers of judges. Technical expertise should be made available to all relevant enforcement authorities.	(28) The effective functioning of the enforcement chain depends on a range of specialist skills. As the complexity of the challenges posed by environmental offences and the technical nature of such crime require a multidisciplinary approach, a high level of legal knowledge, technical expertise as well as a high level of training and specialisation within all relevant competent authorities are necessary. Member States should provide training appropriate to the function of those who detect, investigate, prosecute or adjudicate environmental crime. To maximise the professionalism and effectiveness of enforcement chain, Member States should also establish, if they have not yet been created, specialised environmental courts or environmental units within existing courts. Technical expertise should be made available to all relevant enforcement authorities.

Amendment 29

Proposal for a directive

Recital 30 a (new)

Text proposed by the Commission	Amendment
	(30a) Europol and Eurojust should be recognised as focal points to support Member States in their efforts to draft national strategies.

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)

Text proposed by the Commission	Amendment
	(30b) With a view to ensure closer cooperation between Member States on environmental crime, the Union should consider establishing an EU Green Prosecutor by extending the mandate of the European Public Prosecutor's Office (EPPO) to the criminal offences defined in this Directive. The EPPO, which has its own powers and authority to coordinate investigations and prosecutions in cross-border cases, is currently the body of the Union that is best placed to deal with the most serious environmental crimes with a cross-border dimension. An extension of the mandate of the EPPO to cover serious environmental crime with a cross-border dimension, via the European Council in accordance with Article 86(4) TFEU, would therefore be necessary. The EPPO would thus be able to deal with crimes with a cross-border dimension for which the strengthening of the criminal response is unlikely to be achieved through the traditional channels of judicial cooperation. In order to fulfil this new and broader task, Council Regulation (EU) 2017/19391a would need to be amended and complemented accordingly to reflect the extension of the EPPO’s mandate to cover serious environmental crimes. In light of this, the Commission should produce a report on establishing an EU Green Prosecutor by extending the mandate of the EPPO, to cover environmental offences.
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	1aCouncil Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 83, 31.10.2017, p. 1).

Amendment 31

Proposal for a directive

Recital 30 c (new)

Text proposed by the Commission	Amendment
	(30c) The Commission, Europol and Eurojust should support and develop a more institutionalised structure for existing networks of practitioners such as the European Environmental Prosecutors' Network (EEPN) and the European Union Forum of Judges for the Environment (EUFJE) with the participation of all stakeholders and work to strengthen the work of the informal environmental crime network ("EnviCrimeNet").

Amendment 32

Proposal for a directive

Recital 31

Text proposed by the Commission	Amendment
(31) To ensure a coherent approach to combating environmental offences, Member States should adopt, publish and periodically review a national strategy on combating environmental crime, establishing objectives, priorities and corresponding measures and resources needed.	(31) To ensure a coherent approach to combating environmental offences, Member States should adopt, publish and periodically review a national strategy on combating environmental crime, establishing objectives, priorities and corresponding measures and resources needed. Such national strategy should be based on the needs, specificities and challenges of the Member States.

Amendment 33

Proposal for a directive

Recital 31 a (new)

Text proposed by the Commission	Amendment
	(31a) Due to its global impact and cross-border nature, the Union and its Member States should make the fight against environmental crime a strategic political priority in international judicial cooperation and within the institutions and the Conference of the Parties to the United Nations Framework Convention on Climate Change, in particular by promoting compliance with multilateral environmental agreements through the adoption of criminal sanctions and the exchange of best practices and data on environmental crime. This international approach to environmental crime should also include extending the scope of the International Criminal Court to the crime of ecocide, and the Union and its Member States have a key role and responsibility in this regard.

Amendment 34

Proposal for a directive

Recital 32

Text proposed by the Commission	Amendment
(32) To effectively tackle the criminal offences referred to in this Directive, it is necessary that competent authorities in the Member States collect accurate, consistent and comparable data on the scale of and trends in environmental offences and the efforts to combat them and their results. These data should be used for preparing statistics to serve the operational and strategic planning of enforcement activities as well as for providing information to citizens. Member States should collect and report to the Commission relevant statistical data on environmental offences. The Commission should regularly assess and publish the results based on the data transmitted by the Member States.	(32) To effectively tackle the criminal offences referred to in this Directive, it is necessary that competent authorities in the Member States collect and keep up-to-date accurate, consistent and comparable data on the scale of and trends in environmental offences and the efforts to combat them and their results. These data should be used for preparing statistics to serve the operational and strategic planning of enforcement activities as well as for providing information to citizens. Member States should collect and report to the Commission and make available online to the public relevant statistical data on environmental offences. The Commission should develop a series of tools and processes to facilitate reporting by Member States, including standard formats for the different types of reported data to ensure their relevance, objectivity, and allow comparative analysis between Member States and work together with the Member States to identify any deficiencies in data collection and offer support in order to address them. The Commission should regularly assess and publish the results based on the data transmitted by the Member States.

Amendment 35

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission	Amendment
This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in order to protect the environment more effectively.	This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in order to combat environmental crime and protect the environment more effectively.

Amendment 36

Proposal for a directive

Article 2 – paragraph 1 – point 1 – subparagraph 2

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

Amendment 37

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(1a) ‘ecocide’ means unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by these acts;

Amendment 38

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(2a) ´illegal logging´ means any logging which infringes rules and legislation in force and is not limited to cases which involve products or commodities within the scope of Regulation (EU) No 995/2010 of the European Parliament and of the Council or Regulation (EU) 202x/xxxx of the European parliament and of the Council on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010+, including conduct of a local, regional or national forest authority infringing Union law in the sphere of nature protection or a law implementing Union strategic initiatives in the sphere of nature protection;
	__________________
	+ OJ please insert the number and publication reference of the act in procedure 2021/0366(COD).

Amendment 39

Proposal for a directive

Article 2 – paragraph 1 – point 3

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

Amendment 40

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(5a) "polluter pays principle" means that polluters should bear the costs of their pollution or environmental damage, including the cost of measures taken to prevent, control and remedy pollution, as well as the costs the polluters impose on society;

Amendment 41

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(5b) "One Health Approach" means an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals and ecosystems;it recognizes that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent.

Amendment 42

Proposal for a directive

Article 3 – paragraph -1 (new)

Text proposed by the Commission	Amendment
	-1. Member States shall ensure that conducts committed intentionally or with at least serious negligence, directly or indirectly exposing the environment to an immediate risk of substantial damage and conducts that knowingly cause substantial damage to the environment constitute criminal offences.

Amendment 43

Proposal for a directive

Article 3 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. Member States shall ensure that the following conduct constitutes a criminal offence when it is unlawful and committed intentionally:	1. Member States shall ensure that the following conducts constitute criminal offences when they are unlawful and committed intentionally or with serious negligence:

Amendment 44

Proposal for a directive

Article 3 – paragraph 1 – point a

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

Amendment 45

Proposal for a directive

Article 3 – paragraph 1 – point b

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

Amendment 46

Proposal for a directive

Article 3 – paragraph 1 – point c – introductory part

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

Amendment 47

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(via) this activity is not in compliance with Directive 2009/128/EC of the European Parliament and of the Council1a
	_________________
	1a Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71)..

Amendment 48

Proposal for a directive

Article 3 – paragraph 1 – point c – subparagraph 2

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

Amendment 49

Proposal for a directive

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

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

Amendment 50

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(cb) any emission into the environment of any substances or pollutants not in compliance with Directive 2008/50/EC of the European Parliament and of the Council1a or Directive 2004/107/EC of the European Parliament and of the Council1b;
	_________________
	1a Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1).
	1b Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (OJ L 23, 26.1.2005, p. 3).

Amendment 51

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(cc) deliberate release into the environment of, cultivation of and placing on the market of genetically modified organisms when these activities are not in compliance with the requirements laid down in Directive 2001/18/EC of the European Parliament and of the Council1a, Regulation (EC) No 1829/2003 of the European Parliament and of the Council1b, and Directive 2009/41/EC of the European Parliament and of the Council1c and when these activities cause or are likely to cause substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
	_______________
	1a Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ L 106, 17.4.2001, p. 1).
	1b Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ L 268, 18.10.2003, p 1).
	1c Directive 2009/41/EC of the European Parliament and of the Council of 6 May 2009 on the contained use of genetically modified micro-organisms (recast) (OJ L 125, 21.5.2009, p. 75).

Amendment 52

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(da) the authorisation or the execution of a plan or project referred to in Article 6(3) of Council Directive 92/43/EEC without an appropriate assessment of its implications for the site in view of the site's conservation objectives, referred to in the same Article;

Amendment 53

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(db) the authorisation or the execution of plans or projects authorized without the conditions of the exemption under Article 4(7) of Directive 2000/60/EC of the European Parliament and of the Council1a having been met;
	_______________
	1a Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

Amendment 54

Proposal for a directive

Article 3 – paragraph 1 – point e – introductory part

Text proposed by the Commission	Amendment
(e) the collection, transport, recovery or disposal of waste, the supervision of such operations and the after-care of disposal sites, including action taken as a dealer or a broker (waste management), when an unlawful conduct:	(e) the collection, transport, treatment, recovery or disposal of waste, the supervision of such operations and the after-care of disposal sites, including action taken as a dealer or a broker (waste management), when an unlawful conduct:

Amendment 55

Proposal for a directive

Article 3 – paragraph 1 – point e – point i

Text proposed by the Commission	Amendment
(i) concerns hazardous waste as defined in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council39 and is undertaken in a non-negligible quantity;	(i) concerns hazardous waste as defined in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council39;
_________________	_________________
39 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3–30).	39 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3–30).

Amendment 56

Proposal for a directive

Article 3 – paragraph 1 – point e – point ii

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

Amendment 57

Proposal for a directive

Article 3 – paragraph 1 – point h

Text proposed by the Commission	Amendment
(h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship-source discharges do not satisfy the exceptions set in Article 5 of that Directive; this provision shall not apply to individual cases, where the ship-source discharge does not cause deterioration in the quality of water, unless repeated cases by the same offender in conjunction result in deterioration in the quality of water;	(h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship-source discharges do not satisfy the exceptions set in Article 5 of that Directive;
_________________	_________________
42 Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11–21).	42 Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11–21).

Amendment 58

Proposal for a directive

Article 3 – paragraph 1 – point i

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

Amendment 59

Proposal for a directive

Article 3 – paragraph 1 – point j

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

Amendment 60

Proposal for a directive

Article 3 – paragraph 1 – point k

Text proposed by the Commission	Amendment
(k) the abstraction of surface water or groundwater which causes or is likely to cause substantial damage to the ecological status or potential of surface water bodies or to the quantitative status of groundwater bodies;	(k) the abstraction of surface water or groundwater which causes or is likely to cause substantial damage to the ecological status or potential of surface water bodies or to the quantitative status of groundwater bodies. The abstraction shall, for example, not lead to a deterioration of the Status of the Water Bodies as defined in the last River Basin Management Plans, in accordance with the statements of Annex V of Directive 2000/60/EC, and shall not compromise the achievement of good status/potential by 2027 in any of the waterbodies in the same river basin district;

Amendment 61

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(ka) the committing of a serious infringement within the meaning of article 90 of Regulation (EC) No 1224/2009 of the European Parliament and of the Council;

Amendment 62

Proposal for a directive

Article 3 – paragraph 1 – point l

Text proposed by the Commission	Amendment
(l) the killing, destruction, taking of, possession, sale or offering for sale of a specimen or specimens of wild fauna or flora species listed in Annexes IV and V (when species in Annex V are subject to the same measures as those adopted for species in Annex IV) to Council Directive 92/43/EEC49 and the species referred to in Article 1 of Directive 2009/147/EC of the European Parliament and of the Council50, except for cases where the conduct concerns a negligible quantity of such specimens;	(l) the killing, destruction, taking of, possession, sale or offering for sale of a specimen or specimens of wild fauna or flora species listed in Annexes A, B and C to Council Regulation (EC) No 338/97, species listed in Annex IV and V (when population of species in Annex V are subject to the same measures as those adopted for species or population of species in Annex IV) to Council Directive 92/43/EEC49, the species referred to in Article 1 of Directive 2009/147/EC of the European Parliament and of the Council50, and those non-protected wild fauna or flora species the protection of which is necessary for the conservation of protected species that are part of the same ecosystem;
_________________	_________________
49 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7–50).	49 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7–50).
50 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25).	50 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25).

Amendment 63

Proposal for a directive

Article 3 – paragraph 1 – point m

Text proposed by the Commission	Amendment
(m) trading in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A and B to Council Regulation (EC) No 338/9751, except for cases where the conduct concerns a negligible quantity of such specimens;	(m) trading in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A and B to Council Regulation (EC) No 338/9751;
_________________	_________________
51 Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, p. 1).	51 Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, p. 1).

Amendment 64

Proposal for a directive

Article 3 – paragraph 1 – point n

Text proposed by the Commission	Amendment
(n) the placing or making available on the Union market of illegally harvested timber or of timber products that were made of illegally harvested wood, falling within the scope of Regulation (EU) No 995/2010 of the European Parliament and of the Council52, except for cases where the conduct concerns a negligible quantity; [If a Regulation on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 is adopted before this Directive, point (n) to be replaced with a criminal offence within the scope of Article 3 of that Regulation.]	(n) illegal harvesting and transportation of timber, as well as the placing or making available on the Union market of illegally harvested timber or of timber products that were made of illegally harvested wood, falling within the scope of Regulation (EU) No 995/2010 of the European Parliament and of the Council52; [If a Regulation on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 is adopted before this Directive, point (n) to be replaced with a criminal offence within the scope of Article 3 of that Regulation.]
_________________	_________________
52 Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23–34).	52 Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23–34).

Amendment 65

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(na) the environmental damage to forests, such as committing forests fires intentionally or illegal logging;

Amendment 66

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(nb) committing incompliance with respect to the legality and regularity of operations financed by the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) and incompliance with conditionality rules, in accordance with Regulation (EC) No 2021/2116 of the European Parliament and of the Council1a;
	_______________
	1a Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (OJ L 35, 6.12.2021, p. 187).

Amendment 67

Proposal for a directive

Article 3 – paragraph 1 – point o

Text proposed by the Commission	Amendment
(o) any conduct which causes the deterioration of a habitat within a protected site, within the meaning of Article 6(2) of the Directive 92/43/EEC, when this deterioration is significant;	(o) any conduct which causes the deterioration of a habitat within a protected site, within the meaning of Article 6(2) of the Directive 92/43/EEC, or the significant disturbance of a species;

Amendment 68

Proposal for a directive

Article 3 – paragraph 1 – point p – point ii

Text proposed by the Commission	Amendment
(ii) the conduct breaches a condition of permit issued under Article 8 or of authorisation granted under Article 9 of Regulation (EU) No 1143/2014 and causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;	(ii) the conduct breaches a condition of permit issued under Article 8 or of authorisation granted under Article 9 of Regulation (EU) No 1143/2014 and causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystems services and functions, animals or plants;

Amendment 69

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(ra) any negligent, reckless or deliberate conduct that causes forest fires, affecting an area of more than one hectare;

Amendment 70

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(rb) mistreatment, by any means or procedures, resulting in injury to domestic animals, tamed animals, or wild animals.

Amendment 71

Proposal for a directive

Article 3 – paragraph 2

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

Amendment 72

Proposal for a directive

Article 3 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Member States shall ensure that their national legislation provides for a crime of ecocide, which shall be considered as a criminal offence for the purposes of this Directive.

Amendment 73

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(ea) the conservation status of the species affected and the habitat affected;

Amendment 74

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(eb) the estimated cost of restoration and the ecological and social value of the areas affected by environmental damage and the estimate of the number of persons who are victims of the environmental damage;

Amendment 75

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(ec) the financial gains obtained by the persons committing the offence;

Amendment 76

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(ed) the cross-border dimension of the crime, including the cross-border character of the environmental damage and the cross-border characteristics of any criminal organisation.

Amendment 77

Proposal for a directive

Article 3 – paragraph 4 – introductory part

Text proposed by the Commission	Amendment
4. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account when assessing whether the activity is likely to cause damage to the quality of air, the quality of soil or the quality of water, or to animals or plants for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (a) to (e), (i), (j), (k) and (p):	4. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account when assessing whether the activity is likely to cause damage to the quality of air, the quality of soil or the quality of water, to ecosystems, such as forest ecosystems, to habitats or to animals or plants for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (a) to (e), (i), (j), (k) and (p):

Amendment 78

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(ca) the consequences on human health;

Amendment 79

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(cb) whether the act constitutes a violation or negligence of the due diligence.

Amendment 80

Proposal for a directive

Article 3 – paragraph 5 – point b

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

Amendment 81

Proposal for a directive

Article 3 – paragraph 5 – point d a (new)

Text proposed by the Commission	Amendment
	(da) the financial gains obtained by those committing the offence;

Amendment 82

Proposal for a directive

Article 3 – paragraph 5 – point d b (new)

Text proposed by the Commission	Amendment
	(db) the polluter pays principle.

Amendment 83

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall ensure that inciting, and aiding and abetting the commission of any of the criminal offences referred to in Article 3(1) are punishable as criminal offences.	1. Member States shall ensure that inciting, and aiding and abetting the commission of any of the criminal offences referred to in Article 3(1) and Article 3(2a) are punishable as criminal offences.

Amendment 84

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall take the necessary measures to ensure that an attempt to commit any of the criminal offences referred to in Article 3 (1) points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (m), (n), (p) (ii), (q), (r) when committed intentionally is punishable as a criminal offence.	2. Member States shall take the necessary measures to ensure that an attempt to commit any of the criminal offences referred to in Article 3 (1) and Article 3(2a) when committed intentionally or with serious negligence is punishable as a criminal offence.

Amendment 85

Proposal for a directive

Article 5 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. Member States shall ensure that the CEO of undertakings can be prosecuted independently as a natural person if he or she has committed one of the offences referred to in Articles 3 and 4, irrespective of whether the undertaking as a legal person is also being prosecuted.

Amendment 86

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least ten years if they cause or are likely to cause death or serious injury to any person.	2. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) and 3(2a) are punishable by a maximum term of imprisonment of at least ten years if they cause or are likely to cause death or serious injury to any person.

Amendment 87

Proposal for a directive

Article 5 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3 and 4 are liable to a proportionate fine.

Amendment 88

Proposal for a directive

Article 5 – paragraph 5 – point a

Text proposed by the Commission	Amendment
(a) obligation to reinstate the environment within a given time period;	(a) obligation to reinstate or fully cover the cost of restoration of the environment in accordance with the polluter pays principle within a given time period or, where reinstatement or restoration of the environment is not possible due to the nature of the crime, to compensate for the damage caused;

Amendment 89

Proposal for a directive

Article 5 – paragraph 5 – point b

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

Amendment 90

Proposal for a directive

Article 6 – paragraph 3

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

Amendment 91

Proposal for a directive

Article 7 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) is punishable by effective, proportionate and dissuasive sanctions.	1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) is punishable by effective, proportionate and dissuasive sanctions. Where possible, these sanctions shall be identical across Member States. The level of sanctions shall be graduated, reflecting the degree of severity and duration of the environmental consequences.

Amendment 92

Proposal for a directive

Article 7 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. Member States shall ensure that precautionary measures pending the judicial decision allow for the immediate cessation of the criminal activity or the obligation to reinstate the environment where there is a risk of substantial or irreversible damage to the environment.

Amendment 93

Proposal for a directive

Article 7 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) the obligation to reinstate the environment within a given period;	(b) the obligation to reinstate or fully cover the cost of restoration of the environment in accordance with the polluter pays principle, within a given period of time;

Amendment 94

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(ia) withdrawal of offender's ownership right to the property acquired illegally or from illegal income, which is in relation to the committed crime;

Amendment 95

Proposal for a directive

Article 7 – paragraph 2 – point k

Text proposed by the Commission	Amendment
(k) publication of the judicial decision relating to the conviction or any sanctions or measures applied.	(k) publication of the judicial decision relating to the conviction or any sanctions or measures applied and Union-wide publication of the judicial decision for offences with cross-border relevance.

Amendment 96

Proposal for a directive

Article 7 – paragraph 4

Text proposed by the Commission	Amendment
4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by fines, the maximum limit of which shall be not less than 5% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.	4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) are punishable by fines, the maximum limit of which shall be not less than 10% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.

Amendment 97

Proposal for a directive

Article 7 – paragraph 5

Text proposed by the Commission	Amendment
5. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by fines, the maximum limit of which shall be not less than 3% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.	deleted

Amendment 98

Proposal for a directive

Article 7 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5a. Member States shall take the necessary measures to ensure that offences referred to in Article 3(2a) are punishable by fines, paid by the legal person committing the environmental offences, the maximum limit of which shall be 10% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.

Amendment 99

Proposal for a directive

Article 7 – paragraph 6 a (new)

Text proposed by the Commission	Amendment
	6a. Member States shall provide for the creation of a national fund dedicated to the financing of environmental decontamination, remediation or restoration, which shall be financed by administrative and criminal fines paid by the author of environmental offences as provided for in Articles 5(5)(a) and 7(2)(b).

Amendment 100

Proposal for a directive

Article 8 – paragraph 1– point b

Text proposed by the Commission	Amendment
(b) the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem;	(b) the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem or to the conservation of populations of wild animal or plant species covered by Council Regulation (EC) No 338/97, Council Directive 92/43/EEC and Directive 2009/147/EC of the European Parliament and of the Council;

Amendment 101

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(ba) the offence was committed within a protected site, such as the core area of national parks, Natura 2000 sites, UNESCO World heritage sites;

Amendment 102

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(fa) the offence is of a repetitive nature;

Amendment 103

Proposal for a directive

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

Text proposed by the Commission	Amendment
	(ja) the offence is committed as a result of a deliberate, negligent or, reckless conduct that causes or is likely to cause damage to the cultural heritage of a territory.

Amendment 104

Proposal for a directive

Article 9 – paragraph 1– point a

Text proposed by the Commission	Amendment
(a) the offender restores nature to its previous condition;	(a) the offender restores nature to its previous condition, including by contributing financially to its restoration;

Amendment 105

Proposal for a directive

Article 10 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	Member States shall take the necessary measures to ensure that frozen and confiscated assets are appropriately managed, according to their nature, and, where possible, used to finance reparation. For example, where appropriate, Member States should consider:

Amendment 106

Proposal for a directive

Article 10 – paragraph 1 a – point a (new)

Text proposed by the Commission	Amendment
	(a) using confiscated financial assets to repair damage caused, compensate victims and/or finance measures aimed at combating similar crimes;

Amendment 107

Proposal for a directive

Article 10 – paragraph 1 a – point b (new)

Text proposed by the Commission	Amendment
	(b) using confiscated financial assets to cover the costs associated with the appropriate management, housing and care of confiscated live animals;

Amendment 108

Proposal for a directive

Article 10 – paragraph 1 a – point c (new)

Text proposed by the Commission	Amendment
	(c) offering confiscated wildlife products to appropriate public entities for genuine educational and conservation purposes.

Amendment 109

Proposal for a directive

Article 11 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall take the necessary measures to provide for a limitation period that enables the investigation, prosecution, trial and judicial adjudication of criminal offences referred to in Articles 3 and 4 for a sufficient period of time after the commission of those criminal offences, in order for those criminal offences to be tackled effectively.	1. Member States shall take the necessary measures to provide for a limitation period that enables the investigation, prosecution, trial and judicial adjudication of criminal offences referred to in Articles 3 and 4 for a sufficient period of time after the commission of those criminal offences, or after the offences are discovered, in order for those criminal offences to be tackled effectively.

Amendment 110

Proposal for a directive

Article 11 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. Member States shall ensure that special measures of limitation may be applied in cases of concealed offences where the offender has prevented the discovery of an offence. In this case, the time limit shall run only from the day when the offence could be established under conditions that allow prosecution.

Amendment 111

Proposal for a directive

Article 11 – paragraph 2 – introductory part

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

Amendment 112

Proposal for a directive

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

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

Amendment 113

Proposal for a directive

Article 12 – paragraph 2 – subparagraph 1 – point a

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

Amendment 114

Proposal for a directive

Article 12 – paragraph 2 – subparagraph 1 – point c

Text proposed by the Commission	Amendment
(c) the offence has created a severe risk for the environment on its territory.	(c) the offence has created a severe risk for the environment or for the biodiversity on its territory.

Amendment 115

Proposal for a directive

Article 12 – paragraph 2 – subparagraph 2

Text proposed by the Commission	Amendment
Where an offence referred to in Articles 3 and 4 falls within the jurisdiction of more than one Member State, these Member States shall cooperate to determine which Member State shall conduct criminal proceedings. The matter shall, where appropriate and in accordance with Article 12 of Council Framework Decision 2009/948/JHA59, be referred to Eurojust.	Where an offence referred to in Articles 3 and 4 falls within the jurisdiction of more than one Member State, these Member States shall cooperate to determine which Member State shall conduct criminal proceedings. The matter shall, where appropriate and in accordance with Article 12 of Council Framework Decision 2009/948/JHA59, be referred to Eurojust. It shall also be referred, where appropriate, to Europol.
_________________	_________________
59 Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328, 15.12.2009, p. 42)	59 Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328, 15.12.2009, p. 42)

Amendment 116

Proposal for a directive

Article 12 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. The Commission shall produce a report on establishing an EU Green Prosecutor by extending the mandate of the European Public Prosecutor’s Office (EPPO), to cover environmental offences and to assist Member States in fighting environmental crime with cross-border elements.

Amendment 117

Proposal for a directive

Article 13 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall take the necessary measures to ensure that protection granted under Directive (EU) 2019/1937, is applicable to persons reporting criminal offences referred to in Articles 3 and 4 of this Directive.	1. Member States shall take the necessary measures to ensure that protection is applicable to natural persons, as granted under Article 4 of Directive (EU) 2019/1937, and legal persons, including civil society organisations, reporting criminal offences referred to in Articles 3 and 4 of this Directive.

Amendment 118

Proposal for a directive

Article 13 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall take the necessary measures to ensure that persons reporting offences referred to in Articles 3 and 4 of this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessary support and assistance in the context of criminal proceedings.	2. Member States shall take the necessary measures to ensure that natural and legal persons reporting offences referred to in Articles 3 and 4 of this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessary support and assistance in the context of criminal proceedings.

Amendment 119

Proposal for a directive

Article 13 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Member States shall take the necessary measures to ensure that legal and natural persons reporting criminal offences referred to in Articles 3 and 4 of this Directive are protected against manifestly unfounded or abusive court proceedings in the context of Directive (EU) 202x/xxxx(+) on Strategic Lawsuit Against Public Participation (SLAPP).
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	(+) OJ please insert the number and publication reference of the act in procedure 2022/0117(COD).

Amendment 120

Proposal for a directive

Article 14 – title

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

Amendment 121

Proposal for a directive

Article 14 – paragraph -1 (new)

Text proposed by the Commission	Amendment
	-1. Member States shall ensure that the information enabling the public to know about the state of the proceedings prosecuted under this Directive, including the final judgments and sanctions imposed is considered to be in the public interest and is made available and accessible to the public.

Amendment 122

Proposal for a directive

Article 14 – paragraph 1

Text proposed by the Commission	Amendment
Member States shall ensure that, in accordance with their national legal system, members of the public concerned have appropriate rights to participate in proceedings concerning offences referred to in Articles 3 and 4, for instance as a civil party.	1. Member States shall ensure that, in accordance with their national legal system, members of the public concerned, including non-governmental organisations, are able to access information and have appropriate rights to participate in proceedings concerning offences referred to in Articles 3 and 4, for instance as a civil party.

Amendment 123

Proposal for a directive

Article 14 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. Member States shall provide for measures to reduce obstacles to the right to an effective remedy, thereby facilitating access to justice for members of the public concerned. Member States shall ensure that procedures are fair, equitable, timely and affordable. Member States shall establish networks of environmental lawyers who can assist members of the public, including non-governmental organisations, to participate in such proceedings and to facilitate cross-border cooperation.

Amendment 124

Proposal for a directive

Article 15 – paragraph 1

Text proposed by the Commission	Amendment
Member States shall take appropriate action, such as information and awareness-raising campaigns and research and education programmes, to reduce overall environmental criminal offences, raise public awareness and reduce the risk of population of becoming a victim of an environmental criminal offence. Where appropriate, Member States shall act in cooperation with the relevant stakeholders.	Member States shall take appropriate action, such as information and awareness-raising campaigns targeting all relevant stakeholders both from the public and private sector, anti-corruption measures, and research and education programmes, to reduce overall environmental criminal offences, raise public awareness and reduce the risk of population of becoming a victim of an environmental criminal offence. Where appropriate, Member States shall act in cooperation with the relevant stakeholders, including civil society organisations.

Amendment 125

Proposal for a directive

Article 16 a (new)

Text proposed by the Commission	Amendment
	Article 16a
	Specialised environmental courts or environmental units within existing courts
	Member States shall take the necessary measures to strengthen and, where necessary, establish on their territory either specialised environmental courts or environmental units within existing courts to prosecute, investigate and judge the offences defined in Article 3 and 4 of this Directive.

Amendment 126

Proposal for a directive

Article 17 – paragraph 1

Text proposed by the Commission	Amendment
Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall request those responsible for the training of judges, prosecutors, police, judicial staff and competent authorities’ staff involved in criminal proceedings and investigations to provide at regular intervals specialised training with respect to the objectives of this Directive and appropriate to the functions of the involved staff and authorities.	Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall provide sufficient resources and specialised training to ensure that judges, prosecutors, police, judicial staff and competent authorities’ staff involved in criminal proceedings and investigations have the appropriate expertise, including qualifications, in environmental crime and environmental issues and organise with the help of the Commission exchange of best practices at Union level with respect to the objectives of this Directive and appropriate to the functions of the involved staff and authorities.

Amendment 127

Proposal for a directive

Article 18 – paragraph 1

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

Amendment 128

Proposal for a directive

Article 18 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	The investigative tools used by the EPPO shall also be used in the fight against environmental crime. Member States may use, among other investigative tools, the geospatial intelligence data provided by the EU Satellite Centre.

Amendment 129

Proposal for a directive

Article 19 – paragraph 1

Text proposed by the Commission	Amendment
Member States shall take the necessary measures to establish appropriate mechanisms for coordination and cooperation at strategic and operational levels among all their competent authorities involved in the prevention of and the fight against environmental criminal offences. Such mechanisms shall be aimed at least at:	Member States shall take the necessary measures to establish appropriate mechanisms for coordination and cooperation at strategic and operational levels among all their competent authorities involved in the prevention of and the fight against environmental criminal offences. Such measures shall include, inter alia, the obligation to establish specialised law enforcement units with dedicated contact points. Such mechanisms shall be aimed at least at:

Amendment 130

Proposal for a directive

Article 19 a (new)

Text proposed by the Commission	Amendment
	Article 19a
	Cooperation between Member States, Commission (OLAF) and other Union bodies
	Without prejudice to the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member States, Eurojust, Europol, the European Public Prosecutor's Office (EPPO) and the Commission shall, within their respective competences, cooperate with each other in the prevention and fight against the criminal offences referred to in Articles 3 and 4. To that end, the Commission shall provide such technical and operational assistance as the competent national authorities need to facilitate coordination of their investigations.
	The European Public Prosecutor’s Office (EPPO) shall be responsible, with its own powers and authority, for investigating, prosecuting and bringing to judgment the perpetrators of, and accomplices to, criminal offences. In that respect, the EPPO shall undertake investigations, and carry out acts of prosecution and exercise the functions of prosecutor in the competent courts of the Member States.

Amendment 131

Proposal for a directive

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

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

Amendment 132

Proposal for a directive

Article 20 – paragraph 2

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

Amendment 133

Proposal for a directive

Article 21 – paragraph 3

Text proposed by the Commission	Amendment
3. Member States shall ensure that a consolidated review of their statistics is regularly published.	3. Member States shall ensure that the statistical data as well as a consolidated review of their statistics are regularly published.

Amendment 134

Proposal for a directive

Article 22 – paragraph 2 – point a a (new)

Text proposed by the Commission	Amendment
	(aa) a common classification of sanctions;

Amendment 135

Proposal for a directive

Article 25 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. Within one year of the entry into force of this Directive, the Commission shall present a homogeneous and harmonised classification of environmental crimes prepared with the Member States and a regulatory classification of sanctions adapted to provide guidance to national competent authorities, prosecutors and judges in the application of the sanctions provided for in this Directive.

Amendment 136

Proposal for a directive

Article 25 – paragraph 3 b (new)

Text proposed by the Commission	Amendment
	3b. Within one year of the entry into force of this Directive, the Commission shall present guidelines to clarify the procedural framework for the participation of members of the public in the criminal prosecution of environmental offences, including the definition of easily accessible admissibility criteria.

Amendment 137

Proposal for a directive

Article 27 a (new)

Text proposed by the Commission	Amendment
	Article 27a
	Amendments to Directive (EU) 2017/1371
	Directive (EU) 2017/1371 is amended as follows:
	(1) The title is replaced by the following:
	“Directive (EU) 2017/1371 of the European parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests and cross-border protection of the environment by means of criminal law;”
	(2) In Article 18, the following paragraph is added:
	“6. The Commission shall, without further delay following the decision of the European Council in accordance with Article 86(4) TFEU, present a legislative proposal to establish the EU Green Prosecutor by empowering the European Public Prosecutor’s Office to request investigations and initiate legal proceedings with respect to the criminal offences covered by Directive 202x/xxxx of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC+ and the environmental damage and crime with a Union scale, as well as a proposal to amend and complement accordingly Regulation (EU) 2017/1939 to reflect the extension of the EPPO’s mandate to cover serious environmental crime.”
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	+ OJ please insert the number and publication reference of the act in procedure 2021/0422(COD).