What changed between the plenary report and the adopted text

Removed:Article 7 – paragraph 2 – introductory part: 2. Member States shall take the necessary measures to ensure that sanctions or measures for legal persons held liable pursuant to Article 6(1) for the offences referred to in Articles 3 and 4 shall include:

Removed:Article 7 – paragraph 2 – point a: (a) criminal or non-criminal fines, proportionate to the gravity and duration of the damage caused to the environment as well as to the financial benefits accrued by committing the offence;

Removed:Article 7 – paragraph 2 – point b: (b) the obligation to reinstate the environment within a given period, or to compensate for the damage caused, if the perpetrator is not in a capacity to carry out such a reinstatement or if the damage is irreversible;

Removed:Article 7 – paragraph 2 – point d: (d) temporary exclusion from access to public funding, including tender procedures, grants, concessions and licences;

Removed:Article 7 – paragraph 2 – point k: (k) national or Union-wide publication of the judicial decision relating to the conviction or any sanctions or measures applied, including by referring them to relevant Union institutions.

Removed:Article 7 – paragraph 3: deleted

Removed:Article 7 – paragraph 4: 4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by proportionate fines, the maximum limit of which shall be not less than 10% of the average worldwide turnover of the legal person in the three business years preceding the fining decision.

Removed:Article 7 – paragraph 5: 5. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by proportionate fines, the maximum limit of which shall be not less than 10% of the average worldwide turnover of the legal person in the three business years preceding the fining decision.

Removed:Article 8 – paragraph 1 – point a: (a) the offence caused death or serious harm to any person’s health;

Removed:Article 8 – paragraph 1 – point b: (b) the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem, or to protected species referred to in Article 3(1) points (l) and (m);

Removed:Article 8 – paragraph 1 – point c: (c) the offence was committed in the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA56 or involved corruption, money laundering, fraud, extortion, coercion or other forms of intimidation;

Removed:Article 8 – paragraph 1 – point d: (d) the offence involved the use of false or forged documents, or breached a condition of authorisation;

Removed:Article 8 – paragraph 1 – point j: (j) the offender actively obstructs inspection, custom controls or investigation activities, destroys evidence, or intimidates or interferes with witnesses or complainants;

Removed:Article 8 – paragraph 1 – point j a (new): (ja) the offence was committed within a protected area.

Removed:Article 9 – paragraph 1 – point a: (a) the offender restores nature to its previous condition before the start of a criminal investigation;

Removed:Article 9 – paragraph 1 – point a a (new): (aa) the offender takes steps to minimise the impact and extent of the damage or remediates the damage of has the damage remediated before the start of a criminal investigation;

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

Removed:Article 10 – paragraph 1: Member States shall take the necessary measures to ensure, as appropriate, that their competent authorities may trace, identify, freeze or confiscate, in accordance with Directive 2014/42/EU of the European Parliament and of the Council58, all the proceeds derived from and instrumentalities used or intended to be used in the commission or contribution to the commission of the offences as referred to in this Directive. Member States shall take the necessary measures to ensure that frozen and confiscated proceeds and instrumentalities are appropriately managed, in line with their nature, and, where possible, used to finance restoration of the environment or remediation of any damage caused, or to provide compensation for the environmental damage, in accordance with national law.

Removed:Article 11 – paragraph 1: 1. Member States shall take the necessary measures to provide for a limitation period that enables the investigation, prosecution, trial and judicial adjudication of criminal offences referred to in Articles 3 and 4 for a sufficient period of time after the discovery of those criminal offences, in order for those criminal offences to be tackled effectively.

Removed:Article 11 – paragraph 2 – introductory part: 2. Member States shall take the necessary measures to enable the investigation, prosecution, trial and judicial decision:

Removed:Article 11 – paragraph 2 – point a: (a) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least ten years of imprisonment, for a period of at least ten years from the time when the offence was discovered, when offences are punishable;

Removed:Article 11 – paragraph 2 – point b: (b) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least six years of imprisonment, for a period of at least six years from the time when the offence was discovered, when offences are punishable;

Removed:Article 11 – paragraph 2 – point c: (c) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least four years of imprisonment, for a period of at least four years from the time when the offence was discovered, when offences are punishable.

Removed:Article 11 – paragraph 3: deleted

Removed:Article 12 – paragraph 1 – point d: (d) the offender is one of its nationals or habitual residents or a legal person established on its territory;

Removed:Article 12 – paragraph 1 – point d a (new): (da) the offence is committed for the benefit of a legal person established on its territory.

Removed:Article 12 – paragraph 2 – subparagraph 1 - point a: deleted

Removed:Article 13 – paragraph 1: 1. Member States shall take the necessary measures to ensure that protection under Directive (EU) 2019/1937 is granted to any natural persons reporting criminal offences referred to in Articles 3 and 4 of this Directive and to ensure that a similar adequate level of protection is provided to any legal persons reporting those offences.

Removed:Article 13 – paragraph 2: 2. Member States shall take the necessary measures to ensure that persons reporting offences referred to in Articles 3 and 4 of this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessary protection, support and assistance in the context of criminal proceedings in accordance with their national legal system.

Removed:Article 13 – paragraph 2 a (new): 2a. Member States shall assess the need to create instruments in accordance with their national legal system to enable persons to report environmental offences anonymously, where such instruments do not yet exist.

Removed:Article 14 – title: Publication of information in the public interest and access to justice for the public concerned

Removed:Article 14 – paragraph 1 a (new): Member States shall, in accordance with their national law, ensure that the following information is considered to be in the public interest and is made public: / (a) final judgments, and the level of sanctions imposed by the judge ; / (b) number of environmental crimes that have been reported to the authorities and number of judicial proceedings concerning such crimes which are ongoing, including those resulting from the reports; / (c) the arrangements to intervene in the proceedings related to the offences referred to in Articles 3 and 4.

Removed:Article 14 – paragraph 1 b (new): Member States shall, in accordance with their national law, ensure that the information on the progress of the proceedings is shared with the public concerned.

Removed:Article 15 – paragraph 1: Member States shall take appropriate action, such as information and awareness-raising campaigns targeting all relevant stakeholders both from the public and private sector, effective law enforcement tools, and research and education programmes, to reduce overall environmental criminal offences, raise public awareness and seriously reduce the risk of an environmental criminal offence. Where appropriate, Member States shall act in cooperation with all relevant stakeholders.

Removed:Article 16 – paragraph 1: Member States shall ensure that national authorities or other relevant authorities which detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff, including prosecutors and police authorities, and sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. In particular, Member States shall, in accordance with national law, assess the need to strengthen their judicial and enforcement systems in the area of environmental criminal law by establishing or, where relevant, strengthening specialised law enforcement units, as well as specialised coordination bodies, memoranda of understanding between competent authorities, national enforcement networks and joint training activities.

Removed:Article 16 – paragraph 1 a (new): Where the environmental offences are suspected to be of a cross-border nature, competent authorities of Member States shall without delay refer the information related to these cases to appropriate bodies. In accordance with the applicable rules, Member States shall also cooperate through Union agencies, in particular Eurojust and Europol, as well as with Union bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF), in their respective areas of competence.

Removed:Article 17 – paragraph 1: Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall ensure that specialised training is provided to judges, prosecutors, police, judicial staff and competent authorities’ staff involved in criminal proceedings and investigations at regular intervals with respect to the objectives of this Directive and appropriate to the functions of the involved staff and authorities. The Commission shall organise regular exchanges of best practices in this regard.

Removed:Article 18 – paragraph 1: Member States shall take the necessary and appropriate measures to ensure that effective investigative tools, such as those which are used in countering organised crime, financial crime, cybercrime or other serious crime cases, are effective and available for investigating or prosecuting offences referred to in Articles 3 and 4.

Removed:Article 18 – paragraph 1 a (new): Member States shall, where appropriate, and in accordance with national law, assign specialised investigation units, prosecutors and criminal judges, and provide for specialised chambers of judges, to deal with environmental criminal cases.

Removed:Article 19 – title: Coordination and cooperation between competent authorities within and between Member States

Removed:Article 19 – paragraph 1 – introductory part: Member States shall take the necessary measures to establish appropriate mechanisms for coordination and cooperation at strategic and operational levels among all their competent authorities involved in the prevention of and the fight against environmental criminal offences. Such mechanisms may take the form of units and bodies referred to in Article 16 of this Directive and shall be aimed at least at:

Removed:Article 19 – paragraph 1 – point d a (new): (da) in accordance with applicable law, the exchange of relevant information between competent authorities to prevent convicted persons from reoffending in relation to the offences referred to in Articles 3 and 4, including in other Member States.

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

Removed:Article 20 – paragraph 1 – point a: (a) the objectives and priorities of national policy in this area of offence, including in the case of cross-border crimes;

Removed:Article 20 – paragraph 1 – point c: (c) the modes of coordination and cooperation between the competent authorities and the competent authorities of other Member States;

Removed:Article 20 – paragraph 1 – point d a (new): (da) the use of the proceeds of administrative and criminal sanctions for environmental restoration actions;

Removed:Article 20 – paragraph 1 – point e: (e) the resources needed and allocated and how specialisation of enforcement professionals will be supported;

Removed:Article 20 – paragraph 1 – point f: (f) the procedures and mechanisms for regular monitoring, evaluation and reporting of the results achieved;

Removed:Article 20 – paragraph 1 – point g a (new): (ga) assistance to and protection of victims.

Removed:Article 20 – paragraph 2: 2. Member States shall ensure that the strategy is reviewed and updated at regular intervals no longer than 3 years, on a risk analysis and impact assessment based-approach, in order to take account of relevant developments and trends and related threats regarding environmental crime.

Removed:Article 21 – paragraph 2 – point b: (b) the number of environmental crime cases investigated, including those involving cross-border cooperation;

Removed:Article 21 – paragraph 2 – point b a (new): (ba) the number of environmental crime cases prosecuted and adjudicated;

Removed:Article 21 – paragraph 2 – point c: (c) the median, average and maximum lengths of the criminal investigations of environmental crimes;

Removed:Article 21 – paragraph 2 – point d a (new): (da) the number of convictions in environmental crime cases related to offences committed in the framework of a criminal organisation;

Removed:Article 21 – paragraph 2 – point d b (new): (db) the number of convictions for environmental crimes related to offences committed by a public official or involving a public authority;

Removed:Article 21 – paragraph 2 – point g a (new): (ga) the number of court cases dismissed due to the expiry of the limitation period;

Removed:Article 21 – paragraph 3: 3. Member States shall ensure that a consolidated review of their statistics is published and made easily accessible at least every two years.

Removed:Article 21 – paragraph 4: 4. Member States shall annually transmit to the Commission the statistical data referred to in paragraph 2 in a standard, easily accessible and comparable format established in accordance with Article 22 within 18 months of the entry into force of this Directive.

Removed:Article 21 – paragraph 5: 5. The Commission shall at least every two years publish a report based on the statistical data transmitted by the Member States. The report shall be published for the first time two years after the standard format referred to in Article 22 has been determined.

Removed:Article 21 – paragraph 5 a (new): 5a. The Commission shall develop guidelines in order to assist the Member States in the preparation of harmonised, effective, dissuasive and proportionate sanctions.