What changed between the draft committee report and the plenary report

Added:Recital 6: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Added:Recital 7: (7) In order to constitute an environmental offence under this Directive, conduct should be unlawful under Union law protecting the environment, irrespective of its legal basis, 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 also when committed with serious negligence. Illegal conduct that causes death or serious harm to any person’s health, 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.

Added:Recital 8: (8) A conduct should be considered unlawful also when it is carried out under an authorisation by a competent authority in a Member State if such authorisation was obtained fraudulently, including in situations in which the authorisation holder knew or should have known that the conduct would cause foreseeable substantial environmental or health damage at the time when the authorisation was granted, or by corruption, extortion, coercion, or by any other unlawful conduct. Conduct should also be considered unlawful when it breaches a condition of authorisation. From the moment a conduct becomes unlawful, the perpetrator should not be allowed to invoke the issuance of an authorisation to avoid being held criminally liable. Moreover, operators should take the necessary steps to comply with the legislative, regulatory and administrative provisions concerning the protection of environment applicable when they carry out the respective activity, including by complying with their obligations, as laid down in applicable EU and national laws, in procedures governing amendments or updates to existing authorisations.

Added:Recital 8 a (new): (8a) Despite the growing number of environmental crimes, a harmonised and accepted definition of what constitutes environmental crime does not yet exist at Union and national level. This Directive aims to provide a general framework by laying down an autonomous offence of environmental crime, in addition to the Union-wide common set of specific environmental offences which are defined by reference to breaches of relevant Union environmental sectoral legislation. In line with existing legislation in different national criminal law systems, Member States should criminalise autonomous categories of environmental offences.

Added:Recital 8 b (new): (8b) Member States should criminalise the collection, transport, recovery or disposal of drug waste that causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants. That criminalisation should include the supervision of such operations, the after-care of disposal sites and action taken as a dealer or a broker in relation to waste management. The chemical industry is responsible for knowing where its products end up and how its products are used. In cases where there is reasonable suspicion that products are used illegally, or directly linked to drug criminality, the supply of products should be stopped immediately.

Added:Recital 8 c (new): (8c) Legal persons should be understood as not including public international organisations, States or public bodies exercising State authority, unless national law allows for public bodies exercising State authority to be understood as included.

Removed:Recital 15 a (new): (15 a) It is important to proceed quickly with the establishment of robust Union rules for comprehensive due diligence. It is necessary to ensure that companies active in the internal market contribute to sustainable development and the transition of economies and societies to a sustainable model, through identification, prevention and mitigation measures, that bring to an end and minimise the risk of potential or actual adverse human rights or environmental impacts connected with companies’ own operations, subsidiaries and supply chains. In this context, the issue of liability should be properly tackled and due account should be taken of each company's efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required, any investments made and any targeted support provided, as well as any collaboration with other entities to address adverse impacts in its supply chains.

Added:Recital 14: (14) Sanctions for the offences should be effective, dissuasive and proportionate. To this end, in the definition and application of sanctions, Member States should also take into account the financial benefits accrued by committing the offence, the level of the damage caused, as well as the potential for reinstatement or restoration of the environment and the costs involved in such reinstatement or restoration. Minimum levels for the maximum term of imprisonment should be set for natural persons. Accessory sanctions or measures are often seen as being more effective than financial sanctions especially for legal persons. Additional sanctions or measures should therefore be available in criminal proceedings in accordance with national legal systems. These should include the obligation to reinstate the environment, exclusion from access to public funding, including tender procedures, grants, concessions and licences and withdrawal of permits and authorisations and making sentences public. In cases where an offender is not in a capacity to reinstate or restore the environment, additional sanctions should be applicable. Sanctions should also include disqualification from functions and bans on running for elected or public office. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases.

Removed:Recital 16: (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 destruction or 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 defined by the United Nations, since the UN is working on a definition. 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.

Added:Recital 15: (15) Legal persons should also be held criminally liable for environmental criminal offences according to this Directive, when they are perpetrators, instigators or accomplices in offences. 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. The severity and nature of the offence in terms of its scale and the irreversibility of the damage resulting from the offence as well as the financial situation of legal persons should be taken into account to ensure the proportionality and dissuasiveness of the sanction imposed.

Removed:Recital 17: (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 or material gains, such gains should be confiscated.

Added:Recital 15 a (new): (15a) It is important to proceed quickly with the establishment of robust Union rules for comprehensive due diligence. Therefore, additional sanctions for legal persons should include the obligation for companies to establish due diligence schemes for enhanced compliance with environmental standards.

Removed:Recital 18 a (new): (18 a) Notwithstanding the benefits of this Directive in improving legal coherence at Union level, the Union is still faced with regulatory fragmentation in this area and a lack of uniformity in legal and practical terms. The differences in implementation and application of Union rules regarding environmental crime and liability means there is an absence of a level playing field for Union industry at present, and as a result the proper functioning of the internal market is being impaired. The Commission should, therefore, consider complementing this Directive with other policy fields, which could be fully harmonised by means of a regulation.

Added:Recital 16: (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 a person or serious harm to any person’s health, have been caused and where these elements are not already constituent for the criminal offence, or when an environmental criminal offence causes destruction or substantial and irreversible or long-lasting damage to an entire ecosystem, or the offence was committed in a protected area, such as an area under Natura 2000, or in an area where the offence is likely to have a significant effect in view of the conservation objectives for a protected site, these should be aggravating circumstances. When an environmental criminal offence causes severe and widespread, or severe and long-term, or severe and irreversible damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, to ecosystem services and functions, or to animals or plants, such offence should be considered a crime of particular gravity, and sanctioned as such in accordance with the legal systems of the Member States, covering ecocide, for which the United Nations are currently working on an official international definition. As the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals, these should be calculated as accurately as possible and taken i…

Removed:Recital 18 b (new): (18 b) In line with improving legal coherence at Union level and in order to ensure legal certainty, the Commission should, when necessary, propose to update the list of environmental criminal offences and corresponding new definitions set out in this Directive regularly.

Added:Recital 17: (17) Where the crimes are of a continuing nature, they should be brought to an end as soon as possible. The competent judicial authorities should be entitled to order the immediate cessation of the unlawful conduct or to impose measures to prevent the execution of such conduct, in order to avert damage to the environment. Where offenders have made financial gains, such gains and other proceeds and instrumentalities should be confiscated and appropriately managed, in line with their nature, and, where possible, used to prevent environmental crime, finance restoration of the environment, remediation of any damage caused and compensation for the damage or harm caused by the unlawful conduct, in accordance with national law.

Removed:Recital 22: (22) Furthermore, judicial and administrative authorities in the Member States should have at their disposal a range of prevention methods, criminal penalties and sanctions, confiscation and other measures to address different types of criminal behaviour in a tailored, swift and effective manner.

Added:Recital 18 a (new): (18a) Notwithstanding the benefits of this Directive in improving legal coherence at Union level, the Union is still faced with regulatory fragmentation in this area and a lack of uniformity in legal and practical terms. The differences in implementation and application of Union rules regarding environmental crime and liability mean there is an absence of a level playing field for Union industry at present, and as a result the proper functioning of the internal market is being impaired. The Commission should, therefore, consider complementing this Directive with other policy fields which could be fully harmonised by means of a regulation. The Commission should also develop guidelines in order to assist the Member States in the preparation of harmonised, effective, dissuasive and proportionate sanctions.

Removed:Recital 26: (26) For the purpose of effective environmental law 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 through administrative or judicial procedures in respect of offences that contravene provisions relating to the environment, within the scope of the Member States’ legal framework and subject to the relevant procedural rules.

Added:Recital 18 b (new): (18b) In line with improving legal coherence at Union level and in order to ensure legal certainty, the Commission should, where necessary, propose to update the list of environmental criminal offences and corresponding new definitions set out in this Directive regularly.

Removed:Recital 26 a (new): (26 a) Comprehensive and effective prevention measures and dissuasive and proportionate criminal sanctions and penalties are important deterrents against environmental damage and environmental crime. In accordance with the principle that the polluter should pay, the polluter should bear the full costs of the environmental harm that it has caused. In addition, the revenues generated by targeted fines should be used to contribute to the cost of preventative measures, specialised training, investigative tools, and the funding of resources to detect, investigate, prosecute or adjudicate on environmental crime offences.

Added:Recital 20: (20) The obligations in this Directive to provide for criminal penalties should not exempt Member States from the obligation to provide for effective, proportionate, dissuasive and deterrent administrative sanctions and other measures in national law for breaches established in Union environmental legislation.

Removed:Recital 26 b (new): (26 b) As a preventative measure, legal persons are encouraged to appoint an environmental compliance officer, to be in charge of record-keeping for the purpose of providing administrative or judicial authorities with information, for possible discovery procedures or subpoenas, to identify offenders and non-offenders. The appointment of an environmental compliance officer is considered a mitigating factor when legal persons are held liable for offences committed.

Added:Recital 22: (22) Furthermore, judicial and administrative authorities in the Member States should have at their disposal a necessary and appropriate range of prevention methods, criminal penalties and sanctions, confiscation and other measures to address different types of criminal behaviour in a tailored, timely, proportionate and effective manner.

Added:Recital 22 a (new): (22a) Legal persons convicted for criminal offenses listed in Articles 3 and 4 of this Directive should be temporarily removed from the Transparency Register established pursuant to the Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission. The judicial decisions resulting in such convictions should be made accessible in all the Member States and referred to the Union institutions in charge of the Transparency Register. Therefore, the Union institutions should adapt the Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency register to allow temporary removal of legal persons convicted for environmental crimes.

Added:Recital 24: (24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, people and civil society organisations perform a service of public interest and play a key role in exposing and preventing such breaches, and thus safeguarding the environment, human rights 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.

Added:Recital 25: (25) Other natural or legal persons may also possess valuable information concerning potential environmental criminal offences. They may include members of the community affected, civil society organisations, including non-governmental organisations, 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 protection, 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.

Added:Recital 25 a (new): (25a) Member States should 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.

Added:Recital 25 b (new): (25b) As part of the EU Strategy on victim’s rights (2020-2025) the Commission, together with Member States, should work on improving the access of victims to compensation, including victims of environmental crimes. This could include, if necessary, setting up a national fund for victims’ compensation which could be financed, inter alia, through fines imposed for environmental offences and compensation for environmental damage provided for in this Directive and, where applicable, possibly through the proceeds derived from and instrumentalities used or intended to be used in the commission, or to contribute to the commission, of the offence, which have been confiscated in accordance with this Directive.

Added:Recital 26 a (new): (26a) Comprehensive and effective prevention measures and dissuasive and proportionate criminal sanctions and penalties are important deterrents against environmental damage and environmental crime. In accordance with the ‘polluter pay’ principle, the polluter should bear the full costs of the environmental damage that it has caused. In addition, the revenues generated by targeted fines should be used to contribute to the cost of preventative measures, specialised training, investigative tools, and the funding of resources to detect, investigate, prosecute or adjudicate on environmental offences.

Added:Recital 26 b (new): (26b) As a preventative measure, legal persons are encouraged to appoint an environmental compliance officer, to be in charge of record-keeping for the purpose of providing administrative or judicial authorities with information, for possible discovery procedures or subpoenas, to identify offenders and non-offenders. The actions of an environmental compliance officer, where appropriate, could be a mitigating factor when the officer provides the administrative or judicial authorities with information which they would not otherwise have been able to obtain, when legal persons are held liable for offences committed.

Removed:Article 2 – paragraph 1 – point 1 – point a: (a) Union legislation, which aims to pursuit the objectives of Union policy of protecting the environment as set out in the Treaty on the Functioning of the European Union;

Added:Recital 32: (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, and make available online to the public, relevant statistical data on environmental offences, in particular specifying the sanctions imposed on the offenders. At Union level, the Commission should regularly assess and publish the results based on the data transmitted by the Member States.

Removed:Article 2 – paragraph 1 – point 4: (4) ‘public concerned’ means the persons affected or likely to be affected by the offences referred to in Articles 3 or 4. For the purposes of this definition, non-governmental organisations promoting the protection of the environment and meeting any requirements under national law shall be deemed to have an interest;

Added:Article 1 – paragraph 1: This Directive establishes minimum rules concerning the definition of environmental criminal offences and sanctions, as well as concerning the measures, means and resources necessary to prevent and combat environmental crime and to properly enforce the Union’s environmental law, in order to protect the environment more effectively.

Removed:Article 2 – paragraph 1 – point 5 a (new): (5 a) 'environmental damage' has the meaning laid down in Article 2 of Directive 2004/35/CE, which also covers any adverse effect on environmental media, such as air, water and soil, which is detrimental to everything that grows, blooms, and lives.

Added:Article 2 – paragraph 1 – point 1 – subparagraph 1 – point a: (a) Union law which contributes to the pursuit the objectives of Union policy of protecting the environment as set out in the Treaty on the Functioning of the European Union;

Removed:Article 3 – paragraph 1 – point b: (b) the placing on the market of a product, the use of which, in breach of a prohibition or another official requirement, results in discharge, emission or introduction of a quantity of materials or substances into the air, water or soil, which 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;

Added:Article 2 – paragraph 1 – point 1 – subparagraph 1 – point b: (b) a law, an administrative regulation of a Member State or a decision taken by a competent authority of a Member State that gives effect to the Union law referred to in point (a).

Removed:Article 3 – paragraph 1 – point c – introductory part: (c) the manufacture, placing or making available on the market, import, export or use of substances, whether on their own, in mixtures or in articles, including their incorporation into articles, when:

Added:Article 2 – paragraph 1 – point 1 – subparagraph 2: 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, or when such conduct breaches a condition of authorisation;

Removed:Article 3 – paragraph 1 – point j: (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 , and when such an activity 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;

Added:Article 2 – paragraph 1 – point 1 a (new): (1a) ‘severe’, for the purpose of Article 3 paragraph 1a, in relation to damage, means that such damage involves very serious adverse changes, disruption or harm to any element of the environment, including grave impacts on human life or natural resources;

Added:Article 2 – paragraph 1 – point 1 b (new): (1b) ‘widespread’, for the purpose of Article 3 paragraph 1a, in relation to damage, means that such damage extends beyond a limited geographic area, crosses state boundaries, or is suffered by an entire ecosystem or species or a large number of human beings;

Added:Article 2 – paragraph 1 – point 1 c (new): (1c) ‘long-term’, for the purpose of Article 3 paragraph 1a, in relation to damage, means that such damage cannot be redressed through natural recovery within a reasonable period of time;

Added:Article 2 – paragraph 1 – point 3: (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, unless national law allows for public bodies exercising State authority to be included;

Added:Article 2 – paragraph 1 – point 4: (4) ‘public concerned’ means the persons affected or likely to be affected by the offences referred to in Articles 3 or 4. For the purposes of this definition, persons having a sufficient interest or maintaining the impairment of a right as well as civil society organisations, including non-governmental organisations, promoting the protection of the environment and meeting any proportionate requirements under national law shall be deemed to have an interest;

Added:Article 2 – paragraph 1 – point 5 a (new): (5a) 'environmental damage' means serious harm to any person’s health, or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants, which is detrimental to anything that grows, blooms and lives, including but not limited to the damage as referred to in Article 2 of Directive 2004/35/CE;

Added:Article 3 – paragraph 1 – point a: (a) the discharge, emission or introduction of a quantity of materials or substances, energy, or ionising radiation into air, soil or water which causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants;

Added:Article 3 – paragraph 1 – point b: (b) the placing on the market or illegal trade, including online, of a product, the use of which, in breach of a prohibition or another requirement, causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, or animals or plants as a result of the product's use on a larger scale;

Added:Article 3 – paragraph 1 – point c – introductory part: (c) the manufacture, placing or making available on, import to and export from the Union market, including online, or use of substances, whether on their own, in mixtures or in articles, including their incorporation into articles, when:

Added:Article 3 – paragraph 1 – point c – subparagraph 2: and it causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants;

Added:Article 3 – paragraph 1 – point c a (new): (ca) any conduct in breach of the 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).

Added:Article 3 – paragraph 1 – point c b (new): (cb) the deliberate release into the environment of, cultivation of and placing on the market of genetically modified organisms where such activities are illegal under Directive 2001/18/EC of the European Parliament and of the Council, Regulation (EC) No 1829/2003 of the European Parliament and of the Council and Directive 2009/41/EC of the European Parliament and of the Council and where such 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 biodiversity, ecosystem services and functions, animals or plants;

Added:Article 3 – paragraph 1 – point e – introductory part: (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:

Added:Article 3 – paragraph 1 – point e – point ii: (ii) concerns other waste than referred to in point (i) and causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants;

Added:Article 3 – paragraph 1 – point h: (h) the ship-source discharges of polluting substances as defined in Article 3(8) of Directive 2008/56/EC or 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 minor cases, where the ship-source discharge does not cause deterioration in the quality of water or the marine environment, unless repeated cases by the same offender in conjunction result in deterioration in the quality of water or the marine environment;

Added:Article 3 – paragraph 1 – point i: (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 harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants;

Added:Article 3 – paragraph 1 – point j: (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 or Council Directive 2013/51/Euratom48, which causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystem services and functions, animals or plants; / (deleted)

Removed:Article 3 – paragraph 1 – point p – point ii: deleted

Added:Article 3 – paragraph 1 – point o: (o) any conduct which causes the deterioration of a habitat within a special area of conservation as referred to in Article 6(2) of the Directive 92/43/EEC, or of a habitat of a species in accordance with Regulation (EU) .../... of the European Parliament and of the Council*+, when this deterioration is significant; / * Regulation (EU) .../... of the European Parliament and of the Council of ... on nature restoration (OJ ...). / + OJ: Please insert in the text the number of the Regulation contained in document PE- CONS .../... (2022/0195(COD)) and insert the number, date, title and OJ reference of that Regulation in the footnote.

Removed:Article 3 – paragraph 2: 2. Member States shall ensure that the conduct referred to in paragraph 1 also constitutes a criminal offence, when committed with negligence.

Added:Article 3 – paragraph 1 – point p – point ii: (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, biodiversity, ecosystem services and functions, or to animals or plants;

Removed:Article 4 – paragraph 1: 1. Member States shall ensure that the intentional inciting, and aiding and abetting the commission of any of the criminal offences referred to in Article 3(1) are punishable as criminal offences.

Added:Article 3 – paragraph 1 – point q: (q) production, placing on the market, including online, import, export, use, emission or release of ozone depleting substances as defined in Article 3 (4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council54 or of products and equipment containing or relying on such substances;

Removed:Article 5 – paragraph 1: 1. Member States shall take the necessary measures and procedures to ensure that the offences referred to in Articles 3 and 4 are punishable by effective, proportionate and dissuasive criminal penalties in swift proceedings.

Added:Article 3 – paragraph 1 – point r a (new): (ra) a serious infringement within the meaning of Article 90(1) of Council Regulation (EC) No 1224/200955a and Article 42 of Council Regulation (EC) No 1005/200855b; / 55a Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343 22.12.2009, p. 1). / 55b Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286 29.10.2008, p. 1).

Added:Article 3 – paragraph 1 – point r b (new): (rb) any conduct that causes a forest fire or a significant deterioration of more than one hectare of forest;

Added:Article 3 – paragraph 1 a (new): (1a) Member States shall ensure that any conduct which causes or is likely to cause death or serious harm to any person’s health or substantial damage to the quality of air, the quality of soil or the quality of water, biodiversity, ecosystem services and functions, or to animals or plants constitutes a criminal offence when it is unlawful and committed intentionally. Member States shall ensure that any conduct causing severe and widespread, or severe and long-term, or severe and irreversible damage is treated as an offence of particular gravity and sanctioned as such in accordance with the legal systems of the Member States.

Added:Article 3 – paragraph 2: 2. Member States shall ensure that the conduct referred to in paragraph 1 or paragraph 1a also constitutes a criminal offence, when committed with at least serious negligence.

Added:Article 3 – paragraph 3 – point d: (d) spread of the damage, including any potential cross-border nature;

Added:Article 3 – paragraph 3 – point e a (new): (ea) any financial benefits derived from the damage caused by the perpetrators;

Added:Article 3 – paragraph 3 – point e b (new): (eb) the duration of the infringement or non-compliance;

Added:Article 3 – paragraph 3 – point e c (new): (ec) the conservation status of the species, populations or habitats, ecosystems and natural resources affected;

Added:Article 3 – paragraph 3 – point e d (new): (ed) whether the offence was committed in the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA, or is linked to murder, corruption, money laundering, fraud, document counterfeiting, extortion, coercion or other forms of intimidation.

Added:Article 3 – paragraph 3 – subparagraph 1 a (new): Member States shall ensure that their national legislation specifies that the offences listed in paragraph 1, points (ca), (cb), (ra) and (rb), are without prejudice to the possibility of excluding from criminal liability conduct which causes or is likely to cause a damage which is, on the basis of the elements referred to in the first subparagraph of this paragraph, not considered to be substantial.

Added:Article 3 – paragraph 4 – introductory part: 4. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account, where relevant, 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 biodiversity, ecosystem services and functions, animals or plants for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraphs 1:

Added:Article 3 – paragraph 4 – point a: (a) the conduct relates to an activity which is considered as risky or dangerous, requires an authorisation which was not obtained, updated or complied with;

Added:Article 3 – paragraph 5 – point b: (b) the extent to which the regulatory threshold, including a hazardousness and toxicity threshold, value or another mandatory parameter is exceeded;

Added:Article 3 – paragraph 5 – point c: (c) the conservation status of the relevant populations of the fauna or flora species concerned;

Added:Article 3 – paragraph 5 – point d: (d) the cost of restoration of environmental damage, taking into account the value of the ecosystem service supplied.

Added:Article 3 – paragraph 5 – subparagraph 1 a (new): Member States shall ensure that their national legislation specifies that the offences listed in paragraph 1, points (ca), (cb), (ra) and (rb), are without prejudice to the possibility of excluding from criminal liability conduct concerning quantities determined to be negligible on the basis of the elements referred to in the first subparagraph of this paragraph.

Added:Article 3 – paragraph 5 a (new): 5a. Member States shall ensure that from the moment a conduct becomes unlawful, the perpetrator cannot invoke the issuance of an authorisation in order to avoid criminal liability.

Added:Article 4 – paragraph 1: 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 (1a) are punishable as criminal offences.

Added:Article 4 – paragraph 2: 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) when committed intentionally is punishable as a criminal offence, where relevant.

Added:Article 5 – paragraph 1: 1. Member States shall take the necessary and appropriate measures, including having effective procedures in place, to ensure that the offences referred to in Articles 3 and 4 are punishable by effective, proportionate and dissuasive criminal penalties.

Added:Article 5 – paragraph 2: 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 harm to any person’s health.

Added:Article 5 – paragraph 4: 4. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (ca), (cb), (k), (l), (m), (o), (p), (ra), (rb) and in Article 3(1a) are punishable by a maximum term of imprisonment of at least four years.

Added:Article 5 – paragraph 4 a (new): 4a. Member States shall take the necessary measures to develop measures other than imprisonment in order to contribute to the restoration of the environment.

Added:Article 5 – paragraph 5 – point a: (a) obligation to reinstate the environment within a given time 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;

Added:Article 5 – paragraph 5 – point b: (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;

Removed:Article 8 – paragraph 1 – point f: (f) the offender has previously been convicted of offences of the same nature under Article 3 or 4;

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

Added:Article 7 – paragraph 3: deleted

Removed:Article 8 – paragraph 1 – point j a (new): (j a) the offence was committed in the form of a cyberattack within the framework of Council Regulation (EU)2019/796;

Added: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 8 – paragraph 1 – point j b (new): (j b) the offence was committed within a protected area, such as an area under Natura 2000;

Added: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 10 – paragraph 1: Member States shall take the necessary measures to ensure, as appropriate, that their competent authorities may 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.

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

Added: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;

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

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

Added: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;

Added: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.

Added: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.

Added: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.

Added: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 15 – paragraph 1: Given the importance of prevention as the first step in avoiding environmental damage, 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 seriously reduce the risk of an environmental criminal offence. Where appropriate, Member States shall act in cooperation with the relevant stakeholders.

Added: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.

Added: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.

Added: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.

Added: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.

Added: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.

Added: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.

Added: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.

Added: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.

Added: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.

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

Added: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:

Added: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.

Added: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.

Added: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;

Added: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;

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

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

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

Added: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;

Added: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;

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

Added: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.

Added: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.

Added: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.

Added: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.

Added:The rapporteur welcomes the proposal made by the European Commission, notably regarding the broadening of its scope; the strengthening of its provisions related to criminal sanctions and the provision of mechanisms to protect environmental defenders. However, Rapporteur believes that further changes are needed to tackle environmental crime effectively.

Added:First of all, an external dimension to the Directive should be introduced so as to take into account the transboundary character of environmental crime and its impacts on developing countries. The European Union has a particular responsibility in preventing and combating environmental offences in developing countries on several grounds. In some cases, the perpetrator is a European person or a person linked to the EU; the EU is an import or export area, a transition area and a major market, the value chains of some economic sectors is affected by these illegal activities and their leading companies are often headquartered in the EU.

Added:In light of this, and given that human rights violations are often linked to the commission of environmental offences, the rapporteur suggests to amend Article 1 to putt an human rights approach at the core of the Directive.

Added:The rapporteur proposes the inclusion of general and autonomous definitions of environmental offences. Despite the growing number of environmental crimes, a harmonised definition of environmental crimes does not yet exist either at the worldwide or at European and national level. Instead, the current system relies upon a list of secondary legislation, leaving out according large parts of EU environmental law. Therefore, criminalising autonomous crimes would enable criminal liability for serious cases of environmental harm and give rights to the nature. It is particularly relevant to tackle transnational organised environmental crime involving or taking place in developing countries.

Added:The rapporteur is also in favour of introducing a crime of ecocide, in order to criminalise the most serious crimes to the environment. The EU should defend the jurisdiction of the International Criminal Court to cover criminal acts that amount to ecocide. In parallel, the EU and its Member States should take the lead for its recognition. The introduction of a crime of ecocide in the remit of this Directive is of particular importance to preventing and prosecuting the most serious transnational environmental crimes taking place in developing countries. The definition used is the one developed by the Independent Expert Panel for the Legal Definition of Ecocide published in June 2021, a group of international criminal lawyers, environmental lawyers and legal scholars. It is the most comprehensive and recent definitional work available at the moment.

Added:The rapporteur also proposes to enlarge the scope of the Directive, notably to fisheries crime and the exploitation and trade of illegal minerals. Serious breaches of the future Corporate Sustainable due diligence obligations and of the CSRD should be also considered criminal offences.

Added:There is a significant amount of environmental crime linked to legal business and corporations and some corporations choose to be based in places with weak environmental regulations, as this is the case in many developing countries. Therefore, the rapporteur is of the opinion that Member States should have the obligation to establish their jurisdiction over offences committed for the benefit of a legal person established on their territory.

Added:To reinforce cooperation with third countries, a new article is introduced, in line with SDG 17. It is estimated that billions of euros in revenues and taxes are annually stolen from developing countries, causing major economic losses. Hence, there is a need to step up development cooperation through increased financial and technical support to address environmental crime in developing countries.

Added:To combat environmental crime effectively, the rapporteur suggests to introduce new provisions for assessing the damage to the environment as well as aggravating circumstances related i.e. to human rights violations, vulnerable groups and the rule of law systems. New sanctions shall equally be introduced, notably to compensate the damage made to the environment and to increase the maximum limits for penalties and sanctions to me them more dissuasive. Finally yet importantly, data collection and statistics must be improved.

Added:AMENDMENTS

Added:The Committee on Development calls on the Committee on Legal Affairs, as the committee responsible, to take into account the following amendments:

Added:Recitals 1 a (new)

Added:Amendment: (1a) In accordance with Article 208 TFEU, the Union is to take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries.

Added:Recital 1 b (new): (1b) In accordance with Article 3(5) TEU, in its relations with the wider world, the Union is to uphold and promote its values and contribute to the protection of all human rights, in particular, the rights of the child, as well as the strict observance and development of international law.

Added:Recital 1 c (new): (1c) The Charter of Fundamental Rights of the European Union recognises fundamental rights as they result from the constitutional traditions common to the Member States and affirms that it is not be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised in their respective fields of application by Union law, international law and by international agreements to which the Union and all Member States are party, including the European Convention for the Protection of Human rights and Fundamental Freedoms and by the Member States’ constitutions.

Added:Recital 1 d (new): (1d) The right to a clean, healthy and sustainable environment has been recognised as a human right by the United Nations General Assembly in its recent resolution of 26 July 2022 (A/RES/76/300) where it affirmed that the promotion of those human rights requires the full implementation of the multilateral environmental agreements under the principles of international environmental law and called upon international organisations, States, businesses and other relevant stakeholders to adopt policies, to enhance international cooperation, strengthen capacity building and share good practices, in order to scale up efforts to ensure a clean, healthy and sustainable environment for all.

Added:Recital 2: (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. In just a few decades, environmental crime has become the fourth largest criminal sector in the world, growing two to three times faster than the global economy, and it represents one to two times the size of global official development assistance (ODA) and is now as lucrative as drug trafficking. Such offences pose a threat to the environment and fundamental rights, entail habitat damage and biodiversity loss, amplify climate change, threaten the sustainable livelihood of vulnerable populations in developing countries, and create public health risks and therefore call for an appropriate and effective response. Environmental crime can also involve or take place in developing countries where shortcomings as regards the environmental rule of law have been identified, such as a lack of an adequate legal framework and governance structures, and a lack of information, implementation and enforcement. The Union has a particular responsibility in preventing and combating environmental offences in developing countries in cases in which the action can be linked to the Union. Such offences are not compatible with Union development policy and objectives or with the United Nations Sustain…

Added:Recital 3: (3) The existing systems of penalties under Directive 2008/99/EC of the European Parliament and of the Council20 and environmental sectoral law have not been sufficient in all environmental policy area to achieve compliance with Union law for the protection of the environment. Compliance should be strengthened by the availability of criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties and increase deterrence.

Added:Recital 3 a (new): (3a) Despite the growing number of environmental crimes, a harmonised and accepted definition of environmental crimes does not yet exist either at the global, Union or national level. This Directive aims to provide a general framework by defining autonomous environmental crime, in addition to the Union-wide common set of definitions of specific environmental offences.

Added:Despite the growing number of environmental crimes, an harmonised definition of environmental crimes does not yet exist either at the worldwide or at EU and national level. The Commission's proposal fails to propose a general definition of environmental crime, which is one of the greatest obstacle to the fight against such offences. The objective of this amendment is to provide a definition of environmental autonomous offences to overcome the weaknesses related to the Commission’s sectoral approach and prevent any conduct that could create an immediate risk of substantial damage.

Added:Recitals 6

Added:Amendment: (6) Member States should provide for criminal penalties in their national legislation in respect of serious infringements of provisions of Union law concerning protection of the environment. In the framework of the common fisheries policy, Union law provides for comprehensive set of rules for control and enforcement under Regulation (EC) No 1224/200921 and Regulation (EC) No 1005/2008 in case of serious infringements, including those that cause damage to the marine environment. Under this system the Member States have the choice between administrative and/or criminal sanctioning systems. In line with the Communication from the Commission on the European Green Deal22 and the EU Biodiversity Strategy for 203023, all conduct deemed to be a serious infringement of Regulation (EC) No 1224/2009 and Regulation (EC) 1005/200824 should be established as criminal offences.

Added:Recital 6 a (new): (6a) Over recent years, the Union has taken a leading role in ensuring that international supply chains of minerals are transparent and responsible. The adoption in 2017 of Regulation (EU) 2017/of the European Parliament and of the Council1a sent a clear international message that companies are expected to assess risks in their supply chains, and take the necessary measures to mitigate them. That Regulation currently focuses on risks of conflict financing, serious abuses of human rights and serious economic crimes. It is based on the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas which emphasizes the need for companies to identify and mitigate risks in their supply chains, to uphold human rights in producing countries and foster inclusion of legitimate small-scale miners and miners that use traditional methods. / 1a Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas (OJ L 130, 19.5.2017, p. 1).

Added:Recital 8: (8) A conduct should be considered unlawful also when it is carried out under an authorisation by a competent authority in a Member State or in a developing country if such authorisation was obtained fraudulently, or by corruption, extortion or coercion. Moreover, operators should take the necessary steps to comply with the legislative, regulatory and administrative provisions concerning the protection of environment applicable when they carry out the respective activity, including by complying with their obligations, as laid down in applicable EU and national laws, in procedures governing amendments or updates to existing authorisations.

Added:Recital 11 a (new): (11a) Environmental crimes can be perpetrated by a range of state and non-state actors, from individuals, small groups, companies, government individuals, to organised criminal networks, and often a combination thereof. Transnational companies can be the perpetrators due to inter alia, their exploitation of the environment and the damage they cause to the environment, in order to generate more profit or reduce their costs, in particular in developing countries where the legal and institutional frameworks are usually weaker. In relation to transnational companies, other actors can also be at fault and the responsibility should, therefore, be shared and accompanied by penalties as appropriate.

Added:Recital 12: (12) In criminal proceedings and trials, due account should be taken of the involvement of organised criminal groups operating in ways that negatively impact the environment. Criminal proceedings should address corruption, money laundering, cyber-crime and document fraud and – in relation to business activities – the intention of the offender to maximise profits or save expenses, where these occur in the context of environmental crime. These crime forms are often interconnected with serious environmental crime forms and should therefore not be dealt with in isolation. Given the importance of corporate environmental crime, improving transparency in corporate supply and value chains is necessary. Transparency with regard to beneficial ownership of companies, in particular, is key to prosecuting environmental crime, for example concerning illegal, unregulated and unreported fishing or illegal wildlife trafficking. Therefore, Member States should in parallel ensure full implementation of Directive (EU) 2018/843 of the European Parliament and of the Council1a. It is of particular concern that some environmental crimes are committed with the tolerance or active support of the competent administrations or officials performing his/her public duty which can take the form of corruption. Examples of such behaviours are turning a blind eye or remaining silent on the infringement of laws protecting the environment following inspections, deliberately omitting inspections or controls for ex…

Added:Recital 14: (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, compensation for the damage caused, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations. Sanctions that are designed to ensure that crimes are not repeated are very important. Effective remedies, including redress, mitigation and adaptation measures and injunctions should also be provided. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases.

Added:Recital 14 a (new): (14a) In order for sanctions to be effective it is also necessary to introduce in this Directive the environmental restorative justice approach, which has long been called for by civil society and specialised organisations. The restorative model has a preventive approach, aimed at repairing the damage caused and creating the environmental awareness necessary to avoid such damage in the future. It can be done through, among other means, environmental recovery funds, environmental social projects or community services for the benefit of the environment. Environmental restorative justice also aims to allow the participation of victims in the process of the determination of the sanctions and, in the future, of the environmental management of the corporations that are sanctioned.

Added:Recital 15: (15) 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 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.

Added:Recital 16: (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 and often fuel organised crime, these should be taken into account when determining the appropriate level of sanctioning in the individual case. Finally, the severity of human rights impacts, the vulnerability of human victims, as well as any abuse of existing legal and institutional weaknesses of developing countries or the gross violation of due diligence obligations should also be considered to be aggravating circumstances.

Added:Recital 16 a (new): (16a) While the recognition of the crime of ecocide is currently being discussed in several national parliaments around the world, the Union should seize the opportunity to remain a world leader in environmental protection legislation and to provide for a harmonised definition and maximum limits for sanctions. Member States should therefore introduce a crime of ecocide, which should 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 widespread or long-term damage to the environment being caused. That specific crime would make 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

Added:On several occasions, the European Parliament has called for the establishment of ecocide as a criminal offence to safeguard human rights and democracy, biodiversity, the climate and environmental defenders. The definition used is the one developed by the Independent Expert Panel for the Legal Definition of Ecocide published in June 2021, a group of international criminal lawyers, environmental lawyers and legal scholars. It is the most comprehensive and recent definitional work available at the moment.

Added:Recital 19: (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. For the investigation, prosecution, trial and adjudication of ecocide offences there should not be a limitation period.

Added:Recital 20: (20) The obligations in this Directive to provide for criminal penalties should not exempt Member States from the obligation to provide for effective, proportionate and dissuasive administrative sanctions and other measures in national law for breaches established in Union environmental legislation.

Added:Recital 23: (23) Given, in particular, the mobility of perpetrators of illegal conduct covered by this Directive, together with the cross-border nature of offences and the possibility of cross-border investigations, including conduct carried out in developing countries, Member States should establish jurisdiction in order to counter such conduct effectively. Member States should thus extend their jurisdiction where an offence creates a risk for the environment on their territories, where the offence is committed for the benefit of a legal person established in their territories, where it is committed against their residents, or where it is committed in third countries by a Union citizen or a legal person established in the Union.

Added:Recital 24 a (new): (24a) Environmental defenders who directly protect ecosystems are also often on the frontline of the consequences of environmental crime worldwide, including in the Union. They could be directly threatened, intimidated, persecuted, harassed or even murdered by perpetrators, and as such should also benefit from balanced and effective protection. The establishment of an independent special rapporteur on environmental rights defenders under the Aarhus Convention, and consequently the establishment of protection measures, is also a way to better fight environmental crime.

Added:Recital 24 b (new): (24b) In its resolution of 11 November 2021 on strengthening democracy and media freedom and pluralism in the EU: the undue use of actions under civil and criminal law to silence journalists, NGOs and civil society1a, the European Parliament noted that environmental defenders could also be subject to abusive lawsuits and threats, and should be protected from such abusive practices, also known as Strategic Lawsuits Against Public Participation. / 1a OJ C 205, 20.5.2022, p. 2.

Added:Recital 31 a (new): (31a) Due to its global impact and cross-border nature, and in line with Sustainable Development Goal 17, cooperation with third countries and, in particular with developing countries should be intensified, in particular by adopting and supporting effective measures and mechanisms to increase coordination and cross-border cooperation in order to combat environmental transnational crime. It is estimated that billions of euros in revenues and taxes are annually stolen from developing countries, causing major economic losses. Member States should seek to step up development cooperation through increased financial and technical support to address environmental crime in developing countries.

Added:Recital 31 b (new): (31b) The Union and its Member States should also 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 jurisdiction of the International Criminal Court to the crime of ecocide, and the Union and its Member States should have a key role and responsibility in that regard.

Added:Recital 32: (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. There are major gaps in knowledge both at international and Union level. Data remain limited, there is a lack of statistics on environmental-related offences, their impacts on local communities, offenders and sanctions given. Data concerning the number of transnational environmental crime cases disaggregated by countries where the environmental offense was committed, the value of proceeds seized, frozen or confiscated, information about whether the environmental offence constitutes a predicate offense for a money laundering crime, the number and characteristics of victims or groups of victims, including local communities affected, are important data that would allow the design of better policies and strategies to prevent and combat those crimes in developing countries. Member States should collect and report to the Commission relevant statistical data on environmental offences, in particular specifying the sanctions imposed on the perpetrators of offences. The Commission should regularly assess and publish the res…

Added:Article 1 – paragraph 1: This Directive establishes minimum rules concerning the definition of environmental criminal offences and sanctions in order to protect the environment, prevent and combat environmental crime more effectively, and thereby prevent human rights violations and abuses resulting from environmental criminal offences.

Added:Article 2: The conduct shall be deemed unlawful even if carried out under an authorisation by a competent authority in a Member State, or in a third country where the conduct was carried out by a Union citizen or a legal person established in the Union, when the authorisation was obtained fraudulently or by corruption, extortion or coercion; / (1a) ‘environment’ means the earth, its biosphere, cryosphere, lithosphere, hydrosphere and atmosphere, as well as outer space, including the integrity of all the biotic and abiotic elements of an ecosystem, their functions, services and mutual interactions and the planetary boundaries; / (1b) ‘severe damage’ means damage which involves very serious adverse changes, disruption or harm to any element of the environment, including grave impacts on human life, or natural, cultural or economic resources; / (1c) ‘widespread damage’ means damage which extends beyond a limited geographic area, crosses state boundaries, or is suffered by an entire ecosystem or species or a large number of human beings; / (1d) ‘long-term damage’ means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time; / (1e) ‘wanton’ means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated; / (1f) ‘planetary boundaries’ means the nine planetary life-support systems identified as part of the planetary boundaries framework: climate change, biosphere…

Added:Article 3: -1. Member States shall ensure that, when committed intentionally or with at least serious negligence, directly or indirectly exposing the environment to an immediate risk of substantial damage constitutes a criminal offence. / -1a. Member States shall ensure that conduct which knowingly causes substantial damage to the environment constitutes a criminal offence. / 1. Member States shall ensure that the following conduct constitutes a criminal offence when it is unlawful and committed intentionally, or with serious negligence: / (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 natural person, group of persons, community or economic loss, including for legal persons, or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; / (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 and their functions, animals or plants as a result of the product's use on a larger scale; / (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: / (vi a) that activ…

Added:Article 3 a (new): Article 3a (new) / Ecocide / Member States shall introduce in their national law a crime of ecocide, which shall be considered a serious criminal offence for the purposes of this Directive and shall be defined as unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and widespread or long-term damage to the environment being caused.

Added:Article 4: 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), (-1a) and (1) or Article 3a are punishable as criminal offences. / 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), (-1a) and (1) or Article 3a when committed intentionally is punishable as a criminal offence.

Added:Article 5 – paragraph 1: 1. Member States shall take the necessary measures to ensure that the offences referred to in Articles 3, 3a and 4 are punishable by effective, proportionate and dissuasive criminal penalties.

Added:Article 5 – paragraph 2: 2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 and 3a 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 or group of persons or other serious human rights violations.

Added:Article 5 – paragraph 5: 5. Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3, 3a and 4 may be subject to additional sanctions or measures which shall include: / (b) fines which shall be proportional to the damage caused by the offence; / (c) temporary or permanent exclusions from access to public funding, including tender procedures, grants and concessions and licences; / (ea) bans on the pursuit of activities which have resulted in committing the offence;

Added:Article 6 – paragraph 2: 2. Member States shall also ensure that legal persons can be held liable where the lack of supervision or control of their supply chains by a person referred to in paragraph 1 has made possible the commission of an offence referred to in Articles 3, 3a and 4 for the benefit of the legal person by a person under its authority.

Added:Article 6 – paragraph 3: 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, 3a and 4.

Added:Article 7: (b) the obligation to reinstate the environment within a given period and to compensate for the damage caused; / (d) temporary exclusion from access to public funding, including tender procedures, grants and concessions and licenses; / (j) obligation of companies to install due diligence schemes for enhancing compliance with environmental and human rights standards and obligations; / (k) publication of the judicial decision relating to the conviction or any sanctions or measures applied; / (ka) community services in favour of the environment; / (kb) financial contributions to environmental or human rights organisations, especially in developing countries; / (kc) presenting apologies to and making requests for forgiveness from the affected victims; / (kd) attribution of shares or social capital to the victims in the developing countries. / 4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(-1), (-1a) and (1) are punishable by fines, the maximum limit of which shall be not less than 15% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision. / (deleted) / 6a. Member States shall take the necessary measures to ensure that offences referred to in Article 3a are punishable by fines, paid by the legal person committing the environmental offence, the minimum amount of which shall be between 15 and 30 % of the total worldwide turnover of the legal person in the business yea…

Added:Article 8: (a) the offence caused the death of, or serious injury to, a person or groups of persons; / (aa) the offence caused severe impacts on the human rights of the population or local communities of a developing country where the environmental damage has occurred or substantial economic loss or loss to the culture and tradition of such population or local communities; / (ab) the offence affected or is likely to affect vulnerable groups such as children, youth, women, people with disabilities, elderly or indigenous communities; / (ac) the offence has caused or will cause serious damage to future generations; / (a d) the offence was committed by abusing existing weaknesses in the rule of law and governance systems of developing countries and, in particular, by mediating corruption, intimidation or violence; / (a e) the offence was committed in gross violation of the existing due diligence systems or with non-compliance with the related decisions of the competent authorities; / (ba) the offence damaged a legally protected area in a third country; / (d) the offence involved the use of false or forged documents or serious violation of Directive (EU) xxx/xxx [Corporate Sustainability Reporting Directive]; / (ea) the offender holds a political position or has been entrusted with prominent public functions; / (fa) the offence was committed together with other crimes; / (h) the offender's conduct gives rise to liability for environmental damage but the offender does not fulfil their obligat…

Added:Article 9 – paragraph 1 – point a: (a) the offender restores nature to its previous condition or pays fair compensation to the victims;

Added:Article 9 – paragraph 1 – point b a (new): (b a) the offender admits his or her guilt and pays compensation that is sufficient to deal with the damage caused to the environment and fair compensation to the victims;

Added:It is important to allow the reduction of the penalty if the offender admits his guilt in order to reduce the time of the investigations, the cost of the procedures and to conclude the process as soon as possible providing in this way timely justice to the victims and avoiding further suffering. The reduction of the penalty should be conditioned to a fair compensation to the victims and the environment.

Added:Article 10 – paragraph 1 a (new): Member States shall adopt the necessary measures so that the confiscated assets are integrated into social funds dedicated to carrying out environmental repair projects in the affected environments and the affected local communities, especially in developing countries.

Added:As some States already do with assets seized in drug crime, the profits and instruments of environmental crime can be linked to the rehabilitation of natural spaces or the improvement of actions to prosecute environmental crimes, through the creation of social or environmental funds for confiscated assets. In this way, in addition, the fight against environmental crime is projected to society in a more direct and visible way.

Added:Article 10 – paragraph 1 b (new): Member States shall take the necessary measures to ensure the return of confiscated funds or assets of environmental crime perpetrators to the developing countries where the offence was committed, while ensuring that they are used for appropriate purposes such as restoring the environmental damages, compensating the victims and local communities, improving the living conditions of the affected population or strengthening the rule of law systems of the developing country concerned.

Added:Many environmental crimes committed in developing countries are linked to organised crime and money laundering. Target 16.4 of 2030 Agenda establishes the objective of “strengthening the recovery and return of stolen assets”. This directive represents an opportunity for the Union to contribute to achieving this goal by allowing the proceeds of environmental crimes committed in developing countries but prosecuted and judged in Member States to be returned to these countries while ensuring they are used for appropriate purposes.

Added: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 commission of those criminal offences or the date on which the environmental damage or human rights violation was known or revealed in order for those criminal offences to be tackled effectively, in particular, where the environmental crime has a transnational nature, has been committed in a developing country and involved organised crime. For the investigation, prosecution, trial and adjudication of criminal offences referred in Article 3a there shall not be a limitation period.

Added:Article 11 – paragraph 1 a (new): 1a. Member States shall take the necessary measures to ensure that the limitation period for criminal offences referred to in Articles 3 and 4 does not commence until the scope of the damage to the environment has been fully established by appropriate scientific means.

Added:Article 11 – paragraph 3: deleted

Added:Article 12 – paragraph 1: 1. Each Member State shall take the necessary measures to establish its jurisdiction over the offences referred to in Articles 3 , 3a and 4 where: / (d) the offender is one of its nationals or habitual residents, regardless of whether the offence takes place in a Member State or a third country; / (da) the offence was committed for the benefit of a legal person established on its territory.

Added:Article 12 – paragraph 2: 2. A Member State shall take the necessary measures to extend its jurisdiction to offences referred to in Articles 3, 3a and 4 which have been committed outside its territory, where: / (c) the offence has created a severe risk for the environment or for biodiversity on its territory.

Added:Article 12 – paragraph 3 b (new): 3b. Member States shall introduce universal jurisdiction for their courts for the prosecution and judgement of an offence referred to in Article 3a, in order to avoid the externalisation of environmental damage, where it was not committed on its territory, was committed by a third-country national, involved a victim from a third country, and the environment of that Member State has not been affected or damaged.

Added:Environmental crimes are very often cross-border in nature. To avoid the externalisation of environmental damage, it should be possible to prosecute a legal or natural person for crimes committed in a third country, in particular in the case of ecocide.

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

Added:Article 13 – paragraph 2: 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.

Added:Both natural and legal persons should be protected when they report environmental offences or assist the investigation. Civil Society Organisations (CSOs), which are often at the forefront of detecting environmental crime need to be protected as well.

Added:Article 14 – paragraph 1: 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 or as a private prosecutor.

Added:Article 14 – paragraph 1 a (new): Member States shall ensure that, the following information is considered to be in the public interest and made available to the public concerned: / (a) any final judgement in a trial; / (b) information enabling the members of the public concerned to know about the state of the proceedings, unless in exceptional cases the proper handling of the case might be adversely affected by such disclosure of information.

Added:A minimum level of rights should be awarded to the general public in its capacity of exercising representation of nature as a victim of an environmental crime.

Added:Article 15 – paragraph 1: Member States shall take appropriate action, such as the improvement of the preventive law enforcement tools, 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.

Added:Article 15 – paragraph 1 a (new): Member States shall also ensure an effective implementation and enforcement of national and Union environmental due diligence obligations in the supply chains of their natural and legal persons operating in developing countries as set out in Directive (EU) xxx/xxx [Corporate Sustainability Due Diligence Directive].

Added:Article 15 a (new): Article 15a / The reinforcement of the administrative inspections systems and the use of new technologies, such as the use of Earth observation, shall be enhanced to prevent and detect environmental crimes, in particular those committed in developing countries.

Added:Article 16 – paragraph 1: Member States shall ensure that national authorities which prevent, detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.

Added:Article 17 – paragraph 1: 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, including environmental experts, to provide at regular intervals specialised training, especially in the case of environmental crime committed within the framework of criminal organisations with respect to the objectives of this Directive and appropriate to the functions of the involved staff and authorities. Specialised training courses on the investigation and prosecution of transnational environmental crimes shall be given particular attention.

Added:Article 18 – paragraph 1: 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.

Added:Article 19 a (new): Article 19a / Cooperation among Member States, with the Union bodies, offices and agencies and with developing countries / 1. Member States shall ensure effective coordination and cross-border cooperation with other Member States and with the Union, including its specialized bodies, offices and agencies, such as the European Union Agency for Criminal Justice Cooperation (Eurojust), the European Union Agency for Law Enforcement Cooperation (Europol), the European Public Prosecutor’s Office, European Union Agency for Law Enforcement Training (CEPOL) and the European Union Agency for Fundamental Rights. / 2. Member States shall intensify international judicial cooperation and, in particular, cooperation with developing countries in order to strengthen their rule of law and governance systems with a view to implementing effective mechanisms to prevent and combat environmental crime. / 3. The Commission shall make more efforts to improve international and development cooperation and supporting developing countries, by taking effective measures to improve capacity building, in particular the establishment of technical assistance programmes, to enable them to improve their administrative, judicial and legal systems, with the aim of preventing and combating environmental crime more effectively.

Added:Article 20 – paragraph 1 – point a: (a) the objectives and priorities of national policy in this area of offence including the prevention and combatting of transnational environmental organised crime, as well as corruption and money-laundering linked to such crimes when affecting developing countries;

Added:Article 20 – paragraph 1 – point b: (b) the roles and responsibilities of all the competent authorities involved in countering this type of offence, as well as other actors, such as civil society and the private sector;

Added:Article 20 – paragraph 1 – point c: (c) the modes of coordination and cooperation between the competent authorities and with other actors such as civil society;

Added:Article 20 – paragraph 1 – point e: (e) the resources needed and allocated and how specialisation of enforcement professionals will be supported, and how multidisciplinary approaches will be included in training programmes;

Added:Article 20 – paragraph 1 – point f: (f) the procedures and mechanisms for regular monitoring and evaluation of the results achieved including the baseline and the indicators used;

Added:Article 20 – paragraph 1 – point g a (new): (ga) assistance to, and protection of, victims in developing countries, in particular those in vulnerable situations, including environmental defenders;

Added:Article 21 – paragraph 2: (c) the average length of court proceedings from the beginning of the criminal investigations of environmental crimes to the issuance of the judicial sentence and its execution; / (f) the number of legal persons sanctioned for environmental crime or equivalent offences and whether the perpetrator was an organised crime group or acted within such a group; / (h) the types and levels of sanctions imposed for environmental crime, including per categories of environmental offences according to Article 3; / (ha) the number of transnational environmental crime cases disaggregated by countries where the environmental offence was committed; / (hb) figures on proceeds from environmental crimes that were provisionally seized or frozen and finally confiscated; / (hc) information on whether the environmental crime constitutes a predicate offence for money laundering; / (hd) the number of victims, including groups of victims or local communities, disaggregated, inter alia, by sex, age, ethnicity, country of origin; / (he) type of impact on the environment and on people and local communities.