Changes from report parliamentary committee draft to plenary report

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

RemovedArticle 14 – paragraph 1: Member States shall ensure that, in accordance with their national legal system, members of the public concerned have the possibility to act through administrative or judicial procedures concerning criminal offences referred to in Articles 3 and 4, for instance as a civil party. Where appropriate, direct victims of the criminal offences referred to in Article 3 or 4 or representatives of direct victims shall have the possibility of applying to a Court to have the administrative or judicial proceedings dealt with together.

AddedArticle 12 – paragraph 2 – subparagraph 1 - point a: deleted

RemovedArticle 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.

AddedArticle 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.

Change 22

ChangedArticle 1613 – paragraph 1:2: 2. Member States shall take the necessary measures to ensure that nationalpersons authoritiesreporting oroffences otherreferred relevantto authoritiesin whichArticles detect,3 investigate,and prosecute4 of this Directive and providing evidence or adjudicateotherwise environmentalcooperating offenceswith havethe ainvestigation, sufficientprosecution numberor adjudication of qualifiedsuch staffoffences andare sufficientprovided financial,the technicalnecessary andprotection, technologicalsupport resourcesand necessaryassistance forin the effective performancecontext of theircriminal functionsproceedings relatedin toaccordance thewith implementationtheir ofnational thislegal Directive.system.

Change 23

RemovedArticle 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 in regular intervals with respect to the objectives of this Directive and appropriate to the functions of the involved staff and authorities.

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

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

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

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

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

AddedArticle 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:

AddedArticle 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.

AddedArticle 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.

AddedArticle 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;

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

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

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

Change 24

ChangedArticle 2120 – paragraph 21 – point h:f: (h)(f) the typesprocedures and levelsmechanisms offor sanctionsregular imposedmonitoring, forevaluation environmentaland crime.reporting of the results achieved;

Change 25

RemovedArticle 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 three years after the standard format referred to in Article 22 has been determined.

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

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

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

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

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

AddedArticle 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;

AddedArticle 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;

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

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

Article 25 – title: Evaluation, reporting and review

Change 26

ChangedArticle 25 – paragraph 3:1: 3.1. ByThe Commission shall by [OP – please insert the date –- threetwo years after the transposition period is over]over], and every two years thereafter, thesubmit Commissiona shallreport carryto outthe anEuropean evaluationParliament ofand to the impactCouncil ofassessing thisthe Directiveextent andto onwhich the needMember toStates updatehave thetaken listthe ofnecessary environmentalmeasures criminalto offencescomply andwith submitthis aDirective, reportand toproviding therecommendations Europeanto ParliamentMember andStates to theimprove Council.compliance. Member States shall provide the Commission with the necessary information for the preparation of that report.report, Theincluding, reportbut shallnot belimited accompaniedto, bydata areferred legislativeto proposal,in ifArticle necessary.21 (2).

Change 27

AddedArticle 25 – paragraph 3: 3. By [OP – please insert the date – three years after the transposition period is over] and every two years thereafter, the Commission shall carry out an evaluation of the impact of this Directive and of the need to update the list of environmental criminal offences and submit a report to the European Parliament and to the Council. Member States shall provide the Commission with necessary information for the preparation of that report. The report shall be accompanied by a legislative proposal, if necessary.