What changed between the draft committee report and the plenary report

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;

Article 5 – paragraph 5 – point c: (c) temporary or permanent exclusions from access to public funding, including tender procedures, grants, concessions and licences;

Change 11

Removed:Article 6 – paragraph 1 – introductory part: 1. Member States shall ensure that legal persons can be held liable for offences referred to in Articles 3 and 4 where such offences have been committed for their benefit by any person who has a relevant leading position within the legal person, acting either individually or as part of an organ of the legal person, based on:

Added:Article 5 – paragraph 5 – point d: (d) disqualification from exercising a leading position within a legal person of the type used for committing the offence;

Removed:Article 6 – paragraph 1 – point a: (a) a relevant power of representation of the legal person;

Added:Article 5 – paragraph 5 – point g a (new): (ga) a requirement to pay the costs of the proceedings borne by the successful party, in accordance with conditions and exceptions provided for in national law applicable to court proceedings.

Change 12

Changed:Article 6 – paragraph 1 – point b: (b) an authority toa: take(a) relevanta decisionspower onof behalfrepresentation of the legal person;person and/or;

Change 13

Removed: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 and 4, especially in cases in which corporate board members are aware, or should have been aware, of activities with a high risk of causing environmental damage.

Added:Article 6 – paragraph 1 – point b: (b) an authority to take decisions on behalf of the legal person and/or;

Removed:Article 7 – paragraph 1: 1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) is punishable by effective, proportionate and dissuasive criminal or non-criminal sanctions and measures.

Added:Article 6 – paragraph 1 a (new): 1a. Member States shall ensure that legal persons that commit an offence referred to in Articles 3 and 4 can be held liable under civil law, where relevant, for any harm or damage they cause as a result of that offence, and, in conformity with national law, can be required to compensate the persons who have suffered that harm or damage.

Change 14

Changed:Article 76 – paragraph 23: –3. introductoryLiability part:of 2.legal Memberpersons Statesunder shallparagraphs take1 theand necessary2 measuresshall tonot ensureexclude thatcriminal sanctionsproceedings oragainst measuresnatural forpersons, legalincluding personscorporate heldboard liablemembers, pursuantwho toare Articleperpetrators, 6(1)inciters foror accessories in the offences referred to in Articles 3 and 4 shall include criminal and non-criminal sanctions and measures such as:4.

Change 15

Removed:Article 7 – paragraph 2 – point b: (b) the obligation to reinstate the environment within a given period, provided that the damage is reversible, or, where the damage is irreversible, the obligation to pay compensation for the damage to the environment;

Added:Article 7 – paragraph 1: 1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) or (2) is punishable by effective, proportionate and dissuasive sanctions and measures. The level of sanctions shall be proportionate and adapted to reflect the degree of severity and duration of the damage caused.

Removed:Article 7 – paragraph 2 – point k: deleted

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

Change 16

Changed:Article 7 – paragraph 3:2 3.– Memberpoint Statesa: shall(a) takecriminal theor necessarynon-criminal measuresfines, proportionate to ensurethe thatgravity aand legalduration personof heldthe liabledamage pursuantcaused to Article 6(2) is punishablethe byenvironment criminalas andwell non-criminalas sanctionsto orthe measures,financial whichbenefits areaccrued effective,by proportionatecommitting andthe dissuasive.offence;

Change 17

Removed:Article 7 – paragraph 4: 4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by 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.

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

Removed:Article 7 – paragraph 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 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.

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

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.

Change 18

Changed:Article 8 – paragraph 1 – point j c (new): (ja: c)(a) the offence wascaused committeddeath inor relationserious harm to otherany criminalperson’s offences;health;

Change 19

Removed:Article 9 – paragraph 1 – point a: (a) the offender restores nature to its previous condition before being convicted;

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

Removed:Article 9 – paragraph 1 – point a a (new): (a a) the offender took action to minimize the impact and extent of the damage resulting from the crime before being convicted;

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

Removed:Article 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:

4 unchanged paragraphs

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

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

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

Article 11 – paragraph 3: deleted

Change 20

Changed:Article 12 – paragraph 1 – point d: (d) the offender is one of its nationals or habitual residents or a companylegal basedperson inestablished aon Memberits State.territory;

Change 21

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