### (26) since nature cannot represent itself as a victim in criminal proceedings , for the purpose of effective enforcement members of the public concerned , as defined in this directive taking into account articles 2(5) and 9(3) of the aarhus convention26 , should have the possibility to act on behalf of the environment as a public good , within the scope of the member states’ legal framework and subject to the relevant procedural rules. ### (26) considering the intrinsic value of nature and since nature cannot represent itself as a victim in criminal proceedings , for the purpose of effective enforcement members of the public concerned , as defined in this directive taking into account articles 2(5) and 9(3) of the aarhus convention26 , should have the possibility to act on behalf of the environment as a natural common , within the scope of the member states’ legal framework and subject to the relevant procedural rules. in order to ensure respect for the right to an effective remedy enshrined in article 47 of the charter of fundamental rights and article 9(3) of the aarhus convention , obstacles to access to justice should be limited by reducing the length and cost of proceedings for victims of environmental damage , increasing the powers of the courts to order effective compensation , and extending the possibility for members of the public to participate in proceedings as civil parties.


### (26) since nature cannot represent itself as a victim in criminal proceedings , for the purpose of effective enforcement members of the public concerned , as defined in this directive taking into account articles 2(5) and 9(3) of the aarhus convention26 , should have the possibility to act on behalf of the environment as a public good , within the scope of the member states’ legal framework and subject to the relevant procedural rules. ### (26) considering the intrinsic value of nature and since nature cannot represent itself as a victim in criminal proceedings , for the purpose of effective enforcement members of the public concerned , as defined in this directive taking into account articles 2(5) and 9(3) of the aarhus convention26 , should have the possibility to act on behalf of the environment as natural common , within the scope of the member states’ legal framework and subject to the relevant procedural rules , and also have the right to bring actions before the courts aimed at obtaining ecological and environmental restoration. in order to ensure respect for the right to an effective remedy enshrined in article 47 of the charter of fundamental rights and article 9(3) of the aarhus convention , obstacles to access to justice should be limited by reducing the length and cost of proceedings for victims of environmental damage , increasing the powers of the courts to order effective compensation , and extending the possibility for members of the public to participate in proceedings as civil parties.


### (28) the effective functioning of the enforcement chain depends on a range of specialist skills. as the complexity of the challenges posed by environmental offences and the technical nature of such crime require a multidisciplinary approach , a high level of legal knowledge , technical expertise as well as a high level of training and specialisation within all relevant competent authorities are necessary. member states should provide training appropriate to the function of those who detect , investigate , prosecute or adjudicate environmental crime. to maximise the professionalism and effectiveness of enforcement chain , member states should also consider assigning specialised investigation units , prosecutors and criminal judges to deal with environmental criminal cases. general criminal courts could provide for specialised chambers of judges. technical expertise should be made available to all relevant enforcement authorities. ### (28) the effective functioning of the enforcement chain depends on a range of specialist skills. as the complexity of the challenges posed by environmental offences and the technical nature of such crime require a multidisciplinary approach , a high level of legal knowledge , technical expertise , an adequate budget as well as a high level of training and specialisation within all relevant competent authorities are necessary. member states should provide training appropriate to the function of those who detect , investigate , prosecute or adjudicate environmental crime. to maximise the professionalism and effectiveness of enforcement chain , member states should also consider assigning specialised investigation units , prosecutors and criminal judges to deal with environmental criminal cases. general criminal courts could provide for specialised chambers of judges. technical expertise and an adequate budget should be made available to all relevant enforcement authorities.


### (28) the effective functioning of the enforcement chain depends on a range of specialist skills. as the complexity of the challenges posed by environmental offences and the technical nature of such crime require a multidisciplinary approach , a high level of legal knowledge , technical expertise as well as a high level of training and specialisation within all relevant competent authorities are necessary. member states should provide training appropriate to the function of those who detect , investigate , prosecute or adjudicate environmental crime. to maximise the professionalism and effectiveness of enforcement chain , member states should also consider assigning specialised investigation units , prosecutors and criminal judges to deal with environmental criminal cases. general criminal courts could provide for specialised chambers of judges. technical expertise should be made available to all relevant enforcement authorities. ### (28) the effective functioning of the enforcement chain depends on a range of specialist skills. as the complexity of the challenges posed by environmental offences and the technical nature of such crime require a multidisciplinary approach , a high level of legal knowledge , technical expertise and financial support as well as a high level of training and specialisation within all relevant competent authorities are necessary. member states should provide training appropriate to the function of those who detect , investigate , prosecute or adjudicate environmental crime. to maximise the professionalism and effectiveness of enforcement chain , member states should also consider assigning specialised investigation units , prosecutors and criminal judges to deal with environmental criminal cases. general criminal courts could provide for specialised chambers of judges. technical expertise and financial support should be made available to all relevant enforcement authorities.


### (28) the effective functioning of the enforcement chain depends on a range of specialist skills. as the complexity of the challenges posed by environmental offences and the technical nature of such crime require a multidisciplinary approach , a high level of legal knowledge , technical expertise as well as a high level of training and specialisation within all relevant competent authorities are necessary. member states should provide training appropriate to the function of those who detect , investigate , prosecute or adjudicate environmental crime. to maximise the professionalism and effectiveness of enforcement chain , member states should also consider assigning specialised investigation units , prosecutors and criminal judges to deal with environmental criminal cases. general criminal courts could provide for specialised chambers of judges. technical expertise should be made available to all relevant enforcement authorities. ### (28) the effective functioning of the enforcement chain depends on a range of specialist skills. as the complexity of the challenges posed by environmental offences and the technical nature of such crime require a multidisciplinary approach , a high level of legal knowledge , technical expertise and financial support as well as a high level of training and specialisation within all relevant competent authorities are necessary. member states should provide training appropriate to the function of those who detect , investigate , prosecute or adjudicate environmental crime. to maximise the professionalism and effectiveness of enforcement chain , member states should also consider to establish and assign specialised investigation units , prosecutors and criminal judges to deal with environmental criminal cases. general criminal courts could provide for specialised chambers of judges. technical expertise and financial support should be made available to all relevant enforcement authorities.


### (30) to ensure an effective , integrated and coherent enforcement system that includes administrative , civil and criminal law measures , member states should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. following the applicable rules , member states should also cooperate through eu agencies , in particular eurojust and europol , as well as with eu bodies , including the european public prosecutor’s office (eppo) and the european anti-fraud office (olaf) , in their respective areas of competence. ### (30) to ensure an effective , integrated and coherent enforcement system that includes administrative , civil and criminal law measures , member states should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. potential perpetrators are generally legal actors given legitimacy as a consequence of various societal structures , e.g. paying tax on corporate earnings , providing jobs , being established within government policy structures , and political considerations arguably dictate that these might be treated sympathetically by justice systems and policy1a. supervisory agencies might be under pressure to maintain good relationships with the companies they regulate , and to support local economic health2a. member states should therefore also cooperate through eu agencies , in particular eurojust and europol , as well as with eu bodies , including the european public prosecutor’s office (eppo) and the european anti-fraud office (olaf) , in their respective areas of competence , by setting up national contact points. the review of directive 2017/1371 should propose an inclusion of environmental crime to the criminal offenses covered by the directive and an extension of the eppo’s mandate to cover serious environmental crimes , via the european council in accordance with article 86(4) tfeu , is needed to effectively tackle these crimes in the eu.


### (32) to effectively tackle the criminal offences referred to in this directive , it is necessary that competent authorities in the member states collect accurate , consistent and comparable data on the scale of and trends in environmental offences and the efforts to combat them and their results. these data should be used for preparing statistics to serve the operational and strategic planning of enforcement activities as well as for providing information to citizens. member states should collect and report to the commission relevant statistical data on environmental offences. the commission should regularly assess and publish the results based on the data transmitted by the member states. ### (32) to effectively tackle the criminal offences referred to in this directive , it is necessary that competent authorities in the member states collect 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 authors of offences. in order to facilitate the work of civil society actors , and in particular environmental non-governmental organisations , member states should set up a public platform at national level to collect data on environmental crime. at union level , the commission should regularly assess and publish the results based on the data transmitted by the member states.


### (32) to effectively tackle the criminal offences referred to in this directive , it is necessary that competent authorities in the member states collect accurate , consistent and comparable data on the scale of and trends in environmental offences and the efforts to combat them and their results. these data should be used for preparing statistics to serve the operational and strategic planning of enforcement activities as well as for providing information to citizens. member states should collect and report to the commission relevant statistical data on environmental offences. the commission should regularly assess and publish the results based on the data transmitted by the member states. ### (32) to effectively tackle the criminal offences referred to in this directive , it is necessary that competent authorities in the member states collect 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 authors of offences. in order to facilitate the work of civil society actors , and in particular environmental non-governmental organisations , member states should set up a public platform at national level to collect data on environmental crime. at european level , the commission should regularly assess and publish the results based on the data transmitted by the member states.


### (33) the statistical data collected under this directive on environmental offences should be comparable between the member states and collected on the basis of common minimum standards. in order to ensure uniform conditions for the implementation of this directive , implementing powers should be conferred on the commission to define the standard format for statistical data transmission. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council27 . ### (33) the statistical data collected under this directive on environmental offences should be comparable between the member states and collected on the basis of common minimum standards. in order to ensure uniform conditions for the implementation of this directive , implementing powers should be conferred on the commission to define the standard format for statistical data transmission. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council27. these data aggregated at european level shall be available on a country-by-country basis according to the categories of information referred to in paragraph 2 of article 21 of this directive , under the supervision of eurostat.


### this directive establishes minimum rules concerning the definition of criminal offences and sanctions in order to protect the environment more effectively. ### this directive establishes minimum rules concerning the definition of environmental criminal offences and sanctions as well as means and resources in order to combat environmental crime and to protect the environment more effectively.


### this directive establishes minimum rules concerning the definition of criminal offences and sanctions in order to protect the environment more effectively. ### this directive establishes minimum rules concerning the definition of criminal offences and sanctions in order to combat environmental crime , assist the proper implementation and enforcement of environmental legislation and to help protect the environment more effectively.


### this directive establishes minimum rules concerning the definition of criminal offences and sanctions in order to protect the environment more effectively. ### this directive establishes minimum rules concerning the definition of environmental criminal offences and sanctions as well as means and resources in order to combat environmental crime and to properly enforce environmental legislation in order to protect the environment more effectively.


### the conduct shall be deemed unlawful even if carried out under an authorisation by a competent authority in a member state when the authorisation was obtained fraudulently or by corruption , extortion or coercion; ### the conduct shall be deemed unlawful even if carried out under an authorisation by a competent authority in a member state or under an approved planning instrument when the authorisation or a planning instrument was in breach of the union environmental legislation , or it was obtained fraudulently or by corruption , extortion or coercion.


### the conduct shall be deemed unlawful even if carried out under an authorisation by a competent authority in a member state when the authorisation was obtained fraudulently or by corruption , extortion or coercion; ### the conduct shall be deemed unlawful even if carried out under an authorisation 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 illegal , or obtained fraudulently or by corruption , extortion or coercion;


### (3) ‘legal person’ means any legal entity having such status under the applicable national law , except for states or public bodies exercising state authority and for public international organisations; ### (3) ‘legal person’ means any legal entity having such status under the applicable national law;


### (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 non-governmental organisations promoting the protection of the environment and meeting any proportionate requirements under national law shall be deemed to have an interest; ### (4) ‘public concerned’ means the persons affected or likely to be affected by the offences referred to in articles 3 , 3a or 4. for the purposes of this definition , persons having a sufficient interest or maintaining the impairment of a right as well as non-governmental organisations promoting the protection of the environment and meeting any requirements under national law shall be deemed to have an interest;


### 1. member states shall ensure that the following conduct constitutes a criminal offence when it is unlawful and committed intentionally: ### 1. member states shall ensure that the following conduct constitutes a criminal offence when it is unlawful , committed intentionally or with serious negligence:


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


### the discharge , emission or introduction of a quantity of materials or substances or ionising radiation into air , soil or water which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air , the quality of soil or the quality of water , or to animals or plants; ### the discharge , emission or introduction of a quantity of energy , materials or substances or ionising radiation into air , soil or water which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air , the quality of soil or the quality of water , or to animals or plants;


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


### the manufacture , placing on the market or use of substances , whether on their own , in mixtures or in articles , including their incorporation into articles , when: ### the manufacture , placing on the market , export from the union market , use of substances , whether on their own , in mixtures or in articles , including their incorporation into articles , when:


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


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


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


### concerns hazardous waste as defined in article 3(2) of directive 2008/98/ec of the european parliament and of the council39 and is undertaken in a non-negligible quantity; ### concerns hazardous waste as defined in article 3(2) of directive 2008/98/ec of the european parliament and of the council39;


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


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


### the ship-source discharges of polluting substances referred to in article 4(1) of directive 2005/35/ec of the european parliament and of the council42 on ship-source pollution and on the introduction of penalties , including criminal penalties , into any of the areas referred to in article 3(1) of that directive , provided that the ship-source discharges do not satisfy the exceptions set in article 5 of that directive; this provision shall not apply to individual cases , where the ship-source discharge does not cause deterioration in the quality of water , unless repeated cases by the same offender in conjunction result in deterioration in the quality of water; ### the ship-source discharges of polluting substances referred to in article 4(1) of directive 2005/35/ec of the european parliament and of the council42 on ship-source pollution and on the introduction of penalties , including criminal penalties , into any of the areas referred to in article 3(1) of that directive , provided that the ship-source discharges do not satisfy the exceptions set in article 5 of that directive; this provision shall not apply to individual cases , where the ship-source discharge does not cause deterioration in the quality of water and the marine environment , unless repeated cases by the same offender in conjunction result in deterioration in the quality of water;


### the ship-source discharges of polluting substances referred to in article 4(1) of directive 2005/35/ec of the european parliament and of the council42 on ship-source pollution and on the introduction of penalties , including criminal penalties , into any of the areas referred to in article 3(1) of that directive , provided that the ship-source discharges do not satisfy the exceptions set in article 5 of that directive; this provision shall not apply to individual cases , where the ship-source discharge does not cause deterioration in the quality of water , unless repeated cases by the same offender in conjunction result in deterioration in the quality of water; ### the ship-source discharges of polluting substances referred to in article 4(1) of directive 2005/35/ec of the european parliament and of the council42 on ship-source pollution and on the introduction of penalties , including criminal penalties , into any of the areas referred to in article 3(1) of that directive , provided that the ship-source discharges do not satisfy the exceptions set in article 5 of that directive;


### the ship-source discharges of polluting substances referred to in article 4(1) of directive 2005/35/ec of the european parliament and of the council42 on ship-source pollution and on the introduction of penalties , including criminal penalties , into any of the areas referred to in article 3(1) of that directive , provided that the ship-source discharges do not satisfy the exceptions set in article 5 of that directive; this provision shall not apply to individual cases , where the ship-source discharge does not cause deterioration in the quality of water , unless repeated cases by the same offender in conjunction result in deterioration in the quality of water; ### the ship-source discharges of polluting substances defined by article 3(2) of the 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 individual cases , where the ship-source discharge does not cause deterioration in the quality of water and the marine environment , unless repeated cases by the same offender in conjunction result in deterioration in the quality of water;


### the installation , operation or dismantling of an installation in which a dangerous activity is carried out or in which dangerous substances , preparations or pollutants are stored or used falling within the scope of directive 2012/18/eu of the european parliament and of the council43 , directive 2010/75/eu of the european parliament and of the council44 or directive 2013/30/eu of the european parliament and of the council45 and which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air , the quality of soil or the quality of water , or to animals or plants; ### the installation , operation or dismantling of an installation in which a dangerous activity is carried out or in which dangerous substances , preparations or pollutants are stored or used falling within the scope of directive 2012/18/eu of the european parliament and of the council43 , directive 2010/75/eu of the european parliament and of the council44 or directive 2013/30/eu of the european parliament and of the council45 and which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air , the quality of soil or the quality of water , or to biodiversity , ecosystems services and functions , animals or plants;


### the manufacture , production , processing , handling , use , holding , storage , transport , import , export or disposal of radioactive material falling within the scope of council directive 2013/59/euratom46 , council directive 2014/87/euratom47 or council directive 2013/51/euratom48 , which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air , the quality of soil or the quality of water , or to animals or plants; ### the manufacture , production , processing , handling , use , holding , storage , transport , import , export or disposal of radioactive material falling within the scope of council directive 2013/59/euratom46 , council directive 2014/87/euratom47 or council directive 2013/51/euratom48 , which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air , the quality of soil or the quality of water , or to biodiversity , ecosystems services and functions , animals or plants;


### the abstraction of surface water or groundwater which causes or is likely to cause substantial damage to the ecological status or potential of surface water bodies or to the quantitative status of groundwater bodies; ### the abstraction of surface water or groundwater which causes or is likely to cause substantial damage to the ecological status or potential of surface water bodies or to the quantitative status of groundwater bodies. the abstraction should , for example , not lead to a deterioration of the status of the water bodies as defined in the last river basin management plans , in accordance with the statements of the annex v of the directive 2000/60/ec , and should not compromise the achievement of good status/potential by 2027 in any of the waterbodies in the same river basin district;


### the abstraction of surface water or groundwater which causes or is likely to cause substantial damage to the ecological status or potential of surface water bodies or to the quantitative status of groundwater bodies; ### the abstraction of surface water or groundwater which causes that the long-term annual average rate of abstraction exceeds the available groundwater resource; or the abstraction or anthropogenic alteration which the groundwater body is subject to which might result in a significant diminution in the status of associated surface waters , or a significant damage to terrestrial ecosystems which depend directly on the groundwater body , or subject to alterations to flow direction resulting from level changes which cause saltwater or other intrusion , and indicate a sustained and clearly identified anthropogenically induced trend in flow direction likely to result in such intrusions1a;


### the abstraction of surface water or groundwater which causes or is likely to cause substantial damage to the ecological status or potential of surface water bodies or to the quantitative status of groundwater bodies; ### the abstraction of surface water or groundwater which causes or is likely to cause substantial damage to the ecological status or potential of surface water bodies or to the quantitative status of groundwater bodies. the abstraction should , for example , not lead to a deterioration of the status of the water bodies as defined in the last river basin management plans , in accordance with the statements of annex v of the directive 2000/60/ec , and should not compromise the achievement of good status/potential by 2027 in any of the water bodies in the same river basin district;


### the killing , destruction , taking of , possession , sale or offering for sale of a specimen or specimens of wild fauna or flora species listed in annexes iv and v (when species in annex v are subject to the same measures as those adopted for species in annex iv) to council directive 92/43/eec49 and the species referred to in article 1 of directive 2009/147/ec of the european parliament and of the council50 , except for cases where the conduct concerns a negligible quantity of such specimens; ### the killing , destruction , taking of , possession , sale or offering for sale of a specimen or specimens of wild fauna or flora species listed in annexes a , b and c to council regulation (ec) no 338/97 , species listed in annex iv and annex v (when populations of species are subject to the same measures as those adopted for species or populations in annex iv) to council directive 92/43/eec49 and the species referred to in article 1 of directive 2009/147/ec of the european parliament and of the council50 ;


### trading in specimens of wild fauna or flora species or parts or derivatives thereof listed in annexes a and b to council regulation (ec) no 338/9751 , except for cases where the conduct concerns a negligible quantity of such specimens; ### trading in specimens of wild fauna or flora species or parts or derivatives thereof listed in annexes a and b , c to council regulation (ec) no 338/9751;


### the placing or making available on the union market of illegally harvested timber or of timber products that were made of illegally harvested wood , falling within the scope of regulation (eu) no 995/2010 of the european parliament and of the council52 , except for cases where the conduct concerns a negligible quantity; [if a regulation on the making available on the union market as well as export from the union of certain commodities and products associated with deforestation and forest degradation and repealing regulation (eu) no 995/2010 is adopted before this directive , point (n) to be replaced with a criminal offence within the scope of article 3 of that regulation.] ### the placing or making available on the union market of illegally harvested timber or of timber products that were made of illegally harvested wood , falling within the scope of regulation (eu) no 995/2010 of the european parliament and of the council52; [when a regulation on the making available on the union market as well as export from the union of certain commodities and products associated with deforestation and forest degradation and repealing regulation (eu) no 995/2010 is adopted , directive , point (n) to be replaced with a criminal offence within the scope of article 3 and 4 of that regulation.]


### any conduct which causes the deterioration of a habitat within a protected site , within the meaning of article 6(2) of the directive 92/43/eec , when this deterioration is significant; ### any conduct which causes the deterioration of a habitat within a protected site or the significant disturbance of a species , within the meaning of article 6(2) of the directive 92/43/eec;


### any conduct which causes the deterioration of a habitat within a protected site , within the meaning of article 6(2) of the directive 92/43/eec , when this deterioration is significant; ### any conduct which causes the deterioration of a habitat or the disturbance of a species for which the site has been designated , within the meaning of article 6(2) of the directive 92/43/eec;


### (ii) the conduct breaches a condition of permit issued under article 8 or of authorisation granted under article 9 of regulation (eu) no 1143/2014 and causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air , the quality of soil or the quality of water , or to animals or plants; ### (ii) the conduct breaches a condition of permit issued under article 8 or of authorisation granted under article 9 of regulation (eu) no 1143/2014 and causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air , the quality of soil or the quality of water , or to biodiversity , ecosystems services and functions , animals or plants;


### 2. member states shall ensure that the conduct referred to in paragraph 1 , points (a) , (b) , (c) , (d) , (e) , (f) , (h) , (i) , (j) , (k) , (m) , (n) , (p) (ii) , (q) , (r) also constitutes a criminal offence , when committed with at least serious negligence. ### 2. member states shall ensure that the conduct referred to in paragraph 1 , points (a) , (b) , (c) , (d) , (e) , (f) , (h) , (i) , (j) , (k) , (l) , (m) , (n) , (o) , (p) (ii) , (q) , (r) also constitutes a criminal offence , when committed with at least serious negligence.


### 2. member states shall ensure that the conduct referred to in paragraph 1 , points (a) , (b) , (c) , (d) , (e) , (f) , (h) , (i) , (j) , (k) , (m) , (n) , (p) (ii) , (q) , (r) also constitutes a criminal offence , when committed with at least serious negligence. ### 2. member states shall ensure that any conduct , irrespective of its lawfulness under a law , an administrative act or regulation of a member state , also constitutes a criminal offence , when it is committed in the awareness that it causes or likely to cause substantial damage to the environment.


### 3. member states shall ensure that their national legislation specifies that the following elements shall be taken into account , where relevant , when assessing whether the damage or likely damage is substantial for the purposes of the investigation , prosecution and adjudication of offences referred to in paragraph 1 , points (a) to (e) , (i) , (j) , (k) and (p): ### 3. where an offence referred to in the points (a) to (e) , (g) to (j) , (k) , (p) , (q) , (r) of article 3(1) and article 3(2) involves damage of less than eur 10 000 or an advantage of less than eur 10 000 , member states may provide for sanctions other than criminal sanctions. member states shall ensure that their national legislation specifies that the following elements shall be taken into account , where relevant , when assessing whether the damage , advantage gained or likely damage is substantial for the purposes of the investigation , prosecution and adjudication of offences referred to in paragraph 1:


### 5. member states shall ensure that their national legislation specifies that the following elements shall be taken into account when assessing whether the quantity is negligible or non-negligible for the purposes of the investigation , prosecution and adjudication of offences referred to in paragraph 1 , points (e) , (f) , (l) , (m) , (n): ### 5. where a criminal offence referred to in the points (e) , (f) , (l) to (o) of article 3(1) involves the value of less than eur 10 000 or an advantage gained of less than eur 10 000 , member states may provide for sanctions other than criminal sanctions. member states shall ensure that their national legislation specifies that the following elements shall be taken into account when assessing whether the quantity is negligible or non-negligible for the purposes of the investigation , prosecution and adjudication of offences:


### the extent to which the regulatory threshold , value or another mandatory parameter is exceeded; ### the extent to which the regulatory threshold , value or another mandatory parameter or hazardousness and toxicity threshold is exceeded;


### 1. member states shall ensure that inciting , and aiding and abetting the commission of any of the criminal offences referred to in article 3(1) are punishable as criminal offences. ### 1. member states shall ensure that inciting , and aiding and abetting the commission of any of the criminal offences referred to in articles 3(1) and 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) points (a) , (b) , (c) , (d) , (e) , (f) , (h) , (i) , (j) , (k) , (m) , (n) , (p) (ii) , (q) , (r) when committed intentionally is punishable as a criminal offence. ### 2. member states shall take the necessary measures to ensure that an attempt to commit any of the criminal offences referred to in article 3 (1) points (a) , (b) , (c) , (d) , (e) , (f) , (g) , (h) , (i) , (j) , (k) , (m) , (n) , (p) (ii) , (q) , (r) when committed intentionally is punishable as a criminal offence.


### 2. member states shall take the necessary measures to ensure that an attempt to commit any of the criminal offences referred to in article 3 (1) points (a) , (b) , (c) , (d) , (e) , (f) , (h) , (i) , (j) , (k) , (m) , (n) , (p) (ii) , (q) , (r) when committed intentionally is punishable as a criminal offence. ### 2. member states shall take the necessary measures to ensure that an attempt to commit any of the criminal offences referred to in article 3 (1) when committed intentionally is punishable as a criminal offence.


### 1. member states shall take the necessary measures to ensure that the offences referred to in articles 3 and 4 are punishable by effective , proportionate and dissuasive criminal penalties. ### 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.


### 2. member states shall take the necessary measures to ensure that offences referred to in article 3 are punishable by a maximum term of imprisonment of at least ten years if they cause or are likely to cause death or serious injury to any person. ### 2. member states shall take the necessary measures to ensure that offences referred to in articles 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.


### 5. member states shall take the necessary measures to ensure that natural persons who have committed the offences referred to in articles 3 and 4 may be subject to additional sanctions or measures which shall include: ### 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:


### 5. member states shall take the necessary measures to ensure that natural persons who have committed the offences referred to in articles 3 and 4 may be subject to additional sanctions or measures which shall include: ### 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:


### obligation to reinstate the environment within a given time period; ### obligation to reinstate the environment within a given time period and to compensate for the damage caused;


### obligation to reinstate the environment within a given time period; ### obligation to fully cover the cost of reinstating the environment with reinstatement to be executed by contracted experts within a given time period;


### fines; ### 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;


### fines; ### fines proportionate to the financial advantage accrued by committing the offence;


### 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 leading position within the legal person , acting either individually or as part of an organ of the legal person , based on: ### 1. member states shall ensure that legal persons can be held liable for offences referred to in articles 3 , 3a and 4 where such offences have been committed for their benefit by any person who has a leading position within the legal person , acting either individually or as part of an organ of the legal person , based on:


### 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 leading position within the legal person , acting either individually or as part of an organ of the legal person , based on: ### 1. member states shall ensure that legal persons can be held liable for offences referred to in articles 3 and 4:


### 2. member states shall also ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of an offence referred to in articles 3 and 4 for the benefit of the legal person by a person under its authority. ### 2. member states shall also ensure that legal persons can be held liable where the lack of supervision or control 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.


### 2. member states shall also ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of an offence referred to in articles 3 and 4 for the benefit of the legal person by a person under its authority. ### 2. member states shall also ensure that legal persons can be held liable where the lack of supervision or control , if applicable , throughout its entire supply chain , by a person referred to in paragraph 1 has made possible the commission of an offence referred to in articles 3 and 4 for the benefit of the legal person by a person under its authority.


### 3. liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators , inciters or accessories in the offences referred to in articles 3 and 4. ### 3. liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators , inciters or accessories in the offences referred to in articles 3 , 3a and 4.


### 1. member states shall take the necessary measures to ensure that a legal person held liable pursuant to article 6(1) is punishable by effective , proportionate and dissuasive sanctions. ### 1. member states shall take the necessary measures to ensure that a legal person held liable pursuant to article 6(1) is punishable by effective , proportionate and dissuasive sanctions. where possible , these sanctions shall be identical across member states. the level of sanctions shall be graduated , reflecting the degree of severity and duration of the environmental consequences.


### 2. member states shall take the necessary measures to ensure that sanctions or measures for legal persons liable pursuant to article 6(1) for the offences referred to in articles 3 and 4 shall include: ### 2. member states shall take the necessary measures to ensure that sanctions or measures for legal persons liable pursuant to article 6(1) for the offences referred to in articles 3 , 3a and 4 shall include:


### the obligation to reinstate the environment within a given period; ### obligation to fully cover the cost of reinstating the environment , with reinstatement to be executed by contracted experts within a given time period;


### 4. member states shall take the necessary measures to ensure that offences referred to in article 3(1) points (a) to (j) , (n) , (q) , (r) are punishable by fines , the maximum limit of which shall be not less than 5% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision. ### 4. member states shall take the necessary measures to ensure that offences referred to in article 3(1) are punishable by fines , the maximum limit of which shall be not less than 15% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.


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


### in so far as the following circumstances do not already form part of the constituent elements of the criminal offences referred to in article 3 , member states shall take the necessary measures to ensure that , in relation to the relevant offences referred to in articles 3 and 4 , the following circumstances may be regarded as aggravating circumstances: ### in so far as the following circumstances do not already form part of the constituent elements of the criminal offences referred to in article 3 , member states shall take the necessary measures to ensure that , in relation to the relevant offences referred to in articles 3 , 3a and 4 , the following circumstances may be regarded as aggravating circumstances:


### the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem; ### the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem or to the conservation of populations of wild animal or plant species covered by council regulation (ec)no 338/97 , council directive 92/43/ec and directive 2009/147/ec of the european parliament and of the council;


### the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem; ### the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem or to the conservation of populations of wild animal or plant species covered by council regulation (ec) no 338/97 , council directive 92/43/ec and directive 2009/147/ec of the european parliament and of the council;


### the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem; ### the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem or to the populations of wild animals or plant species covered by council regulation (ec) no 338/97 , council directive 92/43/eec and directive 2009/147/ec of the european parliament and of the council;


### the offence was committed in the framework of a criminal organisation within the meaning of council framework decision 2008/841/jha56 ; ### the offence was committed within a criminal organisation in the sense of council framework decision 2008/841/jha56 ;


### member states shall take the necessary measures to ensure that , in relation to the relevant offences referred to in articles 3 and 4 , the following circumstances may be regarded as mitigating circumstances: ### member states shall take the necessary measures to ensure that , in relation to the relevant offences referred to in articles 3 , 3a and 4 , the following circumstances may be regarded as mitigating circumstances:


### the offender restores nature to its previous condition; ### the offender restores nature to its previous condition except for offences under article 3(1) points (a) , (b) , (c) , (e) , (i) , (h) , (j) , (q) , (r) and article 3a;


### the offender restores nature to its previous condition; ### the offender restores nature to its previous condition when such restoration is possible and the relevant activity has been carried out voluntarily and before the beginning of the criminal proceeding;


### 1. member states shall take the necessary measures to provide for a limitation period that enables the investigation , prosecution , trial and judicial adjudication of criminal offences referred to in articles 3 and 4 for a sufficient period of time after the commission of those criminal offences , in order for those criminal offences to be tackled effectively. ### 1. member states shall take the necessary measures to provide for a limitation period that enables the investigation , prosecution , trial and judicial adjudication of criminal offences referred to in articles 3 , 3a and 4 for a sufficient period of time after the commission of those criminal offences or when it is discovered in cases where the offences were concealed , in order for those criminal offences to be tackled effectively.


### 1. member states shall take the necessary measures to provide for a limitation period that enables the investigation , prosecution , trial and judicial adjudication of criminal offences referred to in articles 3 and 4 for a sufficient period of time after the commission of those criminal offences , in order for those criminal offences to be tackled effectively. ### 1. member states shall take the necessary measures to provide for a limitation period that enables the investigation , prosecution , trial and judicial adjudication of criminal offences referred to in articles 3 and 4 for a sufficient period of time after the commission of those criminal offences , in order for those criminal offences to be tackled effectively. for the crimes comparable to or qualifying as an offence of ecocide and crimes affecting an ecosystem that is established as a legal entity there shall be no limitation period.


### 1. member states shall take the necessary measures to provide for a limitation period that enables the investigation , prosecution , trial and judicial adjudication of criminal offences referred to in articles 3 and 4 for a sufficient period of time after the commission of those criminal offences , in order for those criminal offences to be tackled effectively. ### 1. member states shall take the necessary measures to provide for a limitation period that enables the investigation , prosecution , trial and judicial adjudication of criminal offences referred to in articles 3 , 3a and 4 for a sufficient period of time starting after the commission of those criminal offences or from the discovery of the offence if it was concealed , in order for those criminal offences to be tackled effectively.


### 1. member states shall take the necessary measures to provide for a limitation period that enables the investigation , prosecution , trial and judicial adjudication of criminal offences referred to in articles 3 and 4 for a sufficient period of time after the commission of those criminal offences , in order for those criminal offences to be tackled effectively. ### 1. member states shall take the necessary measures to provide for a limitation period that enables the investigation , prosecution , trial and judicial adjudication of criminal offences referred to in articles 3 and 4 for a sufficient period of time after the discovery of those criminal offences , in order for those criminal offences to be tackled effectively.


### 1. member states shall take the necessary measures to provide for a limitation period that enables the investigation , prosecution , trial and judicial adjudication of criminal offences referred to in articles 3 and 4 for a sufficient period of time after the commission of those criminal offences , in order for those criminal offences to be tackled effectively. ### 1. member states shall take the necessary measures to provide for a limitation period that enables the investigation , prosecution , trial and judicial adjudication of criminal offences referred to in articles 3 and 4 for a sufficient period of time after the commission of those criminal offences 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 , when the environmental crime presents a transnational nature , has been committed in a developing country , and involved organised crime groups.


### 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 committed , when offences are punishable; ### 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 committed or when it is discovered in cases where the offences were concealed , when offences are punishable;


### 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 committed , when offences are punishable; ### 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 committed or from the discovery of the offence if it was concealed , when offences are punishable;


### 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 committed , when offences are punishable; ### 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;


### 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 committed , when offences are punishable; ### 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 committed or when it is discovered in cases where the offences were concealed , when offences are punishable;


### 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 committed , when offences are punishable; ### 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 committed or from the discovery of the offence if it was concealed , when offences are punishable;


### 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 committed , when offences are punishable; ### 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;


### 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 committed , when offences are punishable. ### 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 committed or when it is discovered in cases where the offences were concealed , when offences are punishable.


### 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 committed , when offences are punishable. ### 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 committed or from the discovery of the offence if it was concealed , when offences are punishable.


### 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 committed , when offences are punishable. ### 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.


### a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least ten years of imprisonment , imposed following a final conviction for a criminal offence referred to in articles 3 and 4 , for at least ten years from the date of the final conviction; ### a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least ten years of imprisonment , imposed following a final conviction for a criminal offence referred to in articles 3 , 3a and 4 , for at least ten years from the date of the final conviction;


### 1. each member state shall take the necessary measures to establish its jurisdiction over the offences referred to in articles 3 and 4 where: ### 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:


### 2. a member state shall inform the commission where it decides to extend its jurisdiction to offences referred to in articles 3 and 4 which have been committed outside its territory , where: ### 2. 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:


### 2. a member state shall inform the commission where it decides to extend its jurisdiction to offences referred to in articles 3 and 4 which have been committed outside its territory , where: ### 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:


### 2. a member state shall inform the commission where it decides to extend its jurisdiction to offences referred to in articles 3 and 4 which have been committed outside its territory , where: ### 2. where an offence referred to in articles 3 and 4 falls within the jurisdiction of more than one member state , these member states shall cooperate to determine which member state shall conduct criminal proceedings. the matter shall , where appropriate and in accordance with article 12 of council framework decision 2009/948/jha1a , be referred to eurojust.


### the offence has created a severe risk for the environment on its territory. ### the offence has created a severe risk for the environment or for the biodiversity on its territory.


### the offence has created a severe risk for the environment on its territory. ### deleted


### where an offence referred to in articles 3 and 4 falls within the jurisdiction of more than one member state , these member states shall cooperate to determine which member state shall conduct criminal proceedings. the matter shall , where appropriate and in accordance with article 12 of council framework decision 2009/948/jha59 , be referred to eurojust. ### deleted


### 1. member states shall take the necessary measures to ensure that protection granted under directive (eu) 2019/1937 , is applicable to persons reporting criminal offences referred to in articles 3 and 4 of this directive. ### 1. member states shall take the necessary measures to ensure that protection granted under directive (eu) 2019/1937 , is applicable to natural and legal persons reporting criminal offences referred to in articles 3 , 3a and 4 of this directive.


### 1. member states shall take the necessary measures to ensure that protection granted under directive (eu) 2019/1937 , is applicable to persons reporting criminal offences referred to in articles 3 and 4 of this directive. ### 1. member states shall take the necessary measures to ensure that protection granted under directive (eu) 2019/1937 , is applicable to legal and natural persons reporting criminal offences referred to in articles 3 , 3a and 4 of this directive.


### 1. member states shall take the necessary measures to ensure that protection granted under directive (eu) 2019/1937 , is applicable to persons reporting criminal offences referred to in articles 3 and 4 of this directive. ### 1. member states shall take the necessary measures to ensure that protection is granted to any natural person under directive (eu) 2019/1937 , as well as legal persons reporting criminal offences referred to in articles 3 and 4 of this directive.


### 1. member states shall take the necessary measures to ensure that protection granted under directive (eu) 2019/1937 , is applicable to persons reporting criminal offences referred to in articles 3 and 4 of this directive. ### 1. member states shall take the necessary measures to ensure that protection is applicable to natural persons , as granted under article 4 of directive (eu) 2019/1937 , and legal persons is applicable to persons reporting criminal offences referred to in articles 3 and 4 of this directive.


### 2. member states shall take the necessary measures to ensure that persons reporting offences referred to in articles 3 and 4 of this directive and providing evidence or otherwise cooperating with the investigation , prosecution or adjudication of such offences are provided the necessary support and assistance in the context of criminal proceedings. ### 2. member states shall take the necessary measures to ensure that natural and legal persons reporting offences referred to in articles 3 , 3a and 4 of this directive and providing evidence or otherwise cooperating with the investigation , prosecution or adjudication of such offences are provided the necessary support and assistance in the context of criminal proceedings.


### 2. member states shall take the necessary measures to ensure that persons reporting offences referred to in articles 3 and 4 of this directive and providing evidence or otherwise cooperating with the investigation , prosecution or adjudication of such offences are provided the necessary support and assistance in the context of criminal proceedings. ### 2. member states shall take the necessary measures to ensure that 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 , including sufficient financial support.


### 2. member states shall take the necessary measures to ensure that persons reporting offences referred to in articles 3 and 4 of this directive and providing evidence or otherwise cooperating with the investigation , prosecution or adjudication of such offences are provided the necessary support and assistance in the context of criminal proceedings. ### 2. member states shall take the necessary measures to ensure that natural and legal persons reporting offences referred to in articles 3 and 4 of this directive and providing evidence or otherwise cooperating with the investigation , prosecution or adjudication of such offences are provided the necessary protection , support and assistance in the context of criminal proceedings.


### 2. member states shall take the necessary measures to ensure that persons reporting offences referred to in articles 3 and 4 of this directive and providing evidence or otherwise cooperating with the investigation , prosecution or adjudication of such offences are provided the necessary support and assistance in the context of criminal proceedings. ### 2. member states shall take the necessary measures to ensure that natural and legal persons reporting offences referred to in articles 3 and 4 of this directive and providing evidence or otherwise cooperating with the investigation , prosecution or adjudication of such offences are provided the necessary support and assistance in the context of criminal proceedings.


### 14 rights for the public concerned to participate in proceedings ### 14 rights to information , participation and access to justice for the public


### rights for the public concerned to participate in proceedings ### rights to information , participation and access to justice for the public


### 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. ### 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 , 3a and 4 , for instance as a civil party. member states shall encourage any initiative facilitating access to justice for members of the public , including in the establishment of local centres specialising in access to justice and environmental issues.


### member states shall ensure that , in accordance with their national legal system , members of the public concerned have appropriate rights to participate in proceedings concerning offences referred to in articles 3 and 4 , for instance as a civil party. ### 1. member states shall ensure that , in accordance with their national legal system , members of the public concerned have appropriate rights to bring complaints and to participate in proceedings concerning offences referred to in articles 3 and 4 , for instance as a civil party. member states shall encourage any initiative facilitating access to justice for members of the public , including in the establishment of local centres specialising in access to justice and environmental issues.


### member states shall take appropriate action , such as information and awareness-raising campaigns and research and education programmes , to reduce overall environmental criminal offences , raise public awareness and reduce the risk of population of becoming a victim of an environmental criminal offence. where appropriate , member states shall act in cooperation with the relevant stakeholders. ### member states shall take appropriate action , such as information and awareness-raising campaigns targeting all relevant stakeholders both from the public and private sector , proactive law enforcement tools , anti-corruption , and research and education programmes , to reduce overall environmental criminal offences , and reduce the risk of population of becoming a victim of an environmental criminal offence. where appropriate , member states shall act in cooperation with all relevant stakeholders , in particular with civil society organisations.


### member states shall take appropriate action , such as information and awareness-raising campaigns and research and education programmes , to reduce overall environmental criminal offences , raise public awareness and reduce the risk of population of becoming a victim of an environmental criminal offence. where appropriate , member states shall act in cooperation with the relevant stakeholders. ### member states shall take appropriate action , such as proactive law enforcement tools , information and awareness-raising campaigns targeting all relevant stakeholders both from the public and private sector , anti-corruption programmes , and research and education programmes , to reduce overall environmental criminal offences , and reduce the risk of population of becoming a victim of an environmental criminal offence. where appropriate , member states shall act in cooperation with all relevant stakeholders , in particular civil society organisations.


### member states shall take appropriate action , such as information and awareness-raising campaigns and research and education programmes , to reduce overall environmental criminal offences , raise public awareness and reduce the risk of population of becoming a victim of an environmental criminal offence. where appropriate , member states shall act in cooperation with the relevant stakeholders. ### member states shall take appropriate action , such as information and awareness-raising campaigns targeting all relevant stakeholders both from the public and private sector , proactive law enforcement tools , anti-corruption , and research and education programmes , to reduce overall environmental criminal offences , and reduce the risk of population of becoming a victim of an environmental criminal offence. where appropriate , member states shall act in cooperation with all relevant stakeholders , including authorities competent for the investigation and prosecution of environmental crime , private sector organisations , and non-governmental organisations promoting the protection of the environment. member states shall develop and strengthen tools such as risk assessments , anti-corruption strategies and administrative inspections systems to prevent and detect environmental crimes.


### member states shall ensure that national authorities which 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. ### member states shall ensure that national authorities which execute inspections , 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.


### member states shall take the necessary measures to ensure that effective investigative tools , such as those which are used in organised crime or other serious crime cases , are also available for investigating or prosecuting offences referred to in articles 3 and 4. ### member states shall take the necessary measures to ensure that effective investigative tools , such as those which are used in organised crime or other serious crime cases , are also available for investigating or prosecuting offences referred to in articles 3 , 3a and 4.


### member states shall take the necessary measures to ensure that effective investigative tools , such as those which are used in organised crime or other serious crime cases , are also available for investigating or prosecuting offences referred to in articles 3 and 4. ### member states shall take the necessary measures to ensure that effective investigative tools , such as those which are used in organised crime , financial crime , cybercrime or other serious crime cases , are also available for investigating or prosecuting offences referred to in articles 3 and 4.


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


### 3. member states shall ensure that a consolidated review of their statistics is regularly published. ### 3. member states shall publish annually the statistical data referred to in paragraph 2 in a standard , accessible and comparable format established in accordance with article 22 and in a raw version.


### 5. the commission shall regularly 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. ### 5. the commission shall regularly 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. the commission shall establish the standard form within 18 months after the entry into force of this directive.


### a common classification of environmental crimes; ### a common classification of environmental crimes as well as sanctions that are effective , dissuasive and proportionate to the offence committed;


### a common classification of environmental crimes; ### a common classification of environmental crimes as well as sanctions that are effective , dissuasive and proportionate to the offence committed ;


### 25 evaluation and reporting ### 25 evaluation , reporting and guidelines


### evaluation and reporting ### evaluation , reporting and guidelines


### union legislation , which irrespective of its legal basis contributes to the pursuit of the objectives of union policy of protecting the environment as set out in the treaty on the functioning of the european union; ### union legislation and principles , which irrespective of its legal basis contributes to the pursuit of the objectives of union policy of protecting the environment as set out in the treaty on the functioning of the european union;


### 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 legislation referred to in point (a). ### 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 legislation referred to in point (a) or to the union´s strategic initiative in the field of environment.


### criminal or non-criminal fines; ### criminal or non-criminal fines , proportionate to the gravity and duration of the damage caused to the environment as well as to the financial benefits accrued by committing the offence;


### exclusion from entitlement to public benefits or aid; ### exclusion from entitlement to public benefits or aid , including in other member states;


### temporary exclusion from access to public funding , including tender procedures , grants and concessions; ### temporary exclusion from access to public funding , including tender procedures , grants and concessions , including in other member states;


### temporary exclusion from access to public funding , including tender procedures , grants and concessions; ### exclusion from access to public funding , including tender procedures , grants , concessions and licenses;


### obligation of companies to install due diligence schemes for enhancing compliance with environmental standards; ### obligation of companies to install due diligence schemes for enhancing compliance with environmental standards where this is not a legal obligation;


### 3. member states shall take the necessary measures to ensure that a legal person held liable pursuant to article 6(2) is punishable by sanctions or measures , which are effective , proportionate and dissuasive. ### 3. member states shall take the necessary measures to ensure that a legal person held liable pursuant to article 6(2) is punishable by sanctions or measures , which are effective , proportionate and dissuasive. criminal liability of an enterprise may be transferred to the successor company.


### the offence caused the death of , or serious injury to , a person; ### the offence caused death or substantial harm to human health and the violation of human rights of persons , groups or local communities;


### the offence involved the use of false or forged documents; ### the offence involved the use of false or forged documents or was committed under an authorisation that is illegal , obtained fraudulently or by corruption , extortion or coercion;


### the offence was committed by a public official when performing his/her duties; ### the offence was committed by a national public official when performing his/her duties;


### the offender committed similar previous infringements of environmental law; ### the offender has already received an admonition penalty , administrative or criminal sanction based on this directive or directive 2008/99/ec or based on sectoral environmental law not covered by directive 2008/99/ec;


### the offender actively obstructs inspection , custom controls or investigation activities , or intimidates or interferes with witnesses or complainants. ### the offender actively obstructs inspection , custom controls or investigation activities , destroys any available evidence , or intimidates or interferes with witnesses or complainants;


### the offender is one of its nationals or habitual residents. ### the offender is one of its nationals or habitual residents , regardless of whether the offence takes place in a member state or in a third country;


### the offence is committed for the benefit of a legal person established on its territory; ### deleted


### the offence is committed against one of its nationals or its habitual residents; ### deleted


### 3. in cases referred to in paragraph 1 , points (c) and (d) , member states shall take the necessary measures to ensure that the exercise of their jurisdiction is not subject to the condition that a prosecution can be initiated only following a denunciation from the state of the place where the criminal offence was committed. ### 3. in cases referred to in paragraph 1 , member states shall take the necessary measures to ensure that the exercise of their jurisdiction is not subject to the condition that a prosecution can be initiated only following a denunciation from the state of the place where the criminal offence was committed.


### the objectives and priorities of national policy in this area of offence; ### the short , medium , long-term and time-bound objectives and priorities of national policy in this area of offence;


### the modes of coordination and cooperation between the competent authorities; ### the modes of coordination , exchange of best practices and cooperation between the competent authorities and between the competent national authorities and the competent national authorities of other member states , including on the management of the confiscated gains;


### the modes of coordination and cooperation between the competent authorities; ### the modes of coordination and cooperation between the competent authorities , including with competent authorities of other member states;


### the modes of coordination and cooperation between the competent authorities; ### the modes of coordination and cooperation between the competent authorities as well as between their competent authorities and other member states;


### the procedures and mechanisms for regular monitoring and evaluation of the results achieved; ### the procedures and mechanisms for regular monitoring , evaluation and reporting of the results achieved and of the degree of implementation and enforcement of the provision of this directive;


### the number of environmental crime cases investigated; ### the number of environmental crime cases investigated , and separately for those involving cross-border cooperation;


### the average length of the criminal investigations of environmental crimes; ### the median , average and maximum lengths of the criminal investigations of environmental crimes;


### the number of dismissed court cases for environmental crime; ### the number of dismissed court cases for environmental crime , and separately dismissals upon the expiry of the limitation period;


### 4. member states shall annually transmit to the commission the statistical data referred to in paragraph 2 in a standard format established in accordance with article 22. ### 4. member states shall annually transmit to the commission the statistical data referred to in paragraph 2 in a standard accessible and comparable format established in accordance with article 22. these data aggregated at european level shall be available on a country-by-country basis according to the categories of information referred to in paragraph 2 , under the supervision of eurostat.


### 4. member states shall annually transmit to the commission the statistical data referred to in paragraph 2 in a standard format established in accordance with article 22. ### 4. member states shall annually transmit to the commission the statistical data referred to in paragraph 2 in a standard , accessible and comparable format established in accordance with article 22. these data shall be available on a country-by-country basis according to the categories of information referred to in paragraph 2 , under the supervision of eurostat.


### 1. the commission shall by [op – please insert the date - two years after the transposition period is over] , submit a report to the european parliament and to the council assessing the extent to which the member states have taken the necessary measures to comply with this directive. member states shall provide the commission with the necessary information for the preparation of that report. ### 1. the commission shall by [op – please insert the date - two years after the transposition period is over] , and every two years thereafter , submit a report to the european parliament and to the council assessing the extent to which the member states have taken the necessary measures to comply with this directive as well as providing recommendations to member states. member states shall provide the commission with the necessary information for the preparation of that report.


### 1. the commission shall by [op – please insert the date - two years after the transposition period is over] , submit a report to the european parliament and to the council assessing the extent to which the member states have taken the necessary measures to comply with this directive. member states shall provide the commission with the necessary information for the preparation of that report. ### 1. the commission shall by [op – please insert the date - one year after the transposition period is over] , and every two years thereafter , submit a report to the european parliament and to the council assessing the extent to which the member states have taken the necessary measures to comply with this directive as well as providing recommendations to member states. member states shall provide the commission with the necessary information for the preparation of that report.


### 2. every two years as of [op – please insert the date one year after the transposition period is over] , member states shall send the commission a report within three months which includes a summary about implementation of and actions taken in accordance with articles 15 to 17 , 19 and 20. ### 2. every two years as of [op – please insert the date one year after the transposition period is over] , member states shall send the commission a report within three months which includes a summary about implementation of and actions taken in accordance with articles 3 to 20.


### 3. by [op – please insert the date - five years after the transposition period is over] , the commission shall carry out an evaluation of the impact of this directive 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. ### 3. by [op – please insert the date - four years after the transposition period is over] , the commission shall carry out an evaluation of the impact of this directive 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.


### severity of the damage; ### severity of the damage e.g. expressed as a cost of restoration , and/or expressed as the timeframe needed of bringing down the exceeded values and parameters to the limit values;


### spread of the damage; ### spread of the damage , including consideration of the value of the supplied ecosystem service lost or temporarily lost , and social or monetary value of specimen of wildlife affected or killed;


### the number of items subject to the offence; ### the amount , area or number of items subject to the offence and their monetary or social value;


### the conservation status of the fauna or flora species concerned; ### the conservation status of the respective populations of fauna or flora species concerned;


### 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 , 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. ### 1. member states shall take the necessary measures to ensure , as appropriate , that their competent authorities may , even after final conviction , trace , identify , freeze or confiscate , in accordance with directive 2014/42/eu of the european parliament and of the council58 , 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.


### 19 coordination and cooperation between competent authorities within a member state ### 19 coordination and cooperation between competent authorities within a member state and across member states


### the number of legal persons sanctioned for environmental crime or equivalent offences; ### the number of legal persons sanctioned for environmental crime or equivalent offences , and whether the perpetrator was or acted within an organised crime group;


### 1. highlights that persons with disabilities’ exercise of the right to work9 is closely linked to measures to tackle discrimination , poverty and obstacles in education , training , housing , care , personal mobility and the built environment; ### 1. highlights that persons with disabilities’ exercise of the right to work9 is closely linked to measures to tackle discrimination , poverty and obstacles in education , training , housing , care , support , personal mobility and the built environment;


### 3. underlines that independent living goes hand in hand with the freedom to choose one’s place of residence5 , inclusive education6 , a guarantee of democratic rights7 such as the right to vote8 , and access to the open labour market with an adequate salary9 ; ### 3. underlines that independent living goes hand in hand with the freedom to choose one’s place of residence5 , inclusive education6 , a guarantee of democratic rights7 such as the right to vote8 , access to the open labour market with an adequate salary9 , adequate social benefits and support systems;


### — having regard to article 2 of the treaty on european union (teu) , and articles 2 , 9 , 10 , 19 and 216(2) of the treaty on the functioning of the european union (tfeu) , ### — having regard to article 2 and article 3 (3) of the treaty on european union (teu) , and articles 2 , 9 , 10 , 19 and 216(2) of the treaty on the functioning of the european union (tfeu) ,


### — having regard to article 2 of the treaty on european union and articles 19 , 48 , 67(4) , 153 , 165 , 168 and 174 of the treaty on the functioning of the european union , ### — having regard to article 2 of the treaty on european union and articles 2 , 10 , 19 , 48 , 67(4) , 153 , 165 , 168 and 174 of the treaty on the functioning of the european union ,


### — having regard to the european pillar of social rights , in particular principles 3 and 17 thereof , ### — having regard to the european pillar of social rights , in particular principles 1 , 2 , 3 , 4 , 5 , 6 , 11 , 14 and 17 thereof ,


### — having regard to the un convention on the rights of persons with disabilities (crpd) , and its optional protocol , ### — having regard to the un convention on the rights of persons with disabilities (crpd) , and its optional protocol , and its entry into force in the eu on 21 january 2011 , in accordance with council decision 2010/48/ec of 26 november 2009 on the conclusion , by the european community , of the un convention on the rights of persons with disabilities ,


### — having regard to the concluding observations of the un committee on the rights of persons with disabilities (crpd committee) of 2 october 2015 on the initial report of the european union , ### — having regard to the concluding observations of the un committee on the rights of persons with disabilities (crpd committee) of 2 october 2015 on the initial report of the european union , , and the list of issues submitted by the un crpd committee of 20 april 2022 , prior to submission of the second and third periodic reports of the european union ,


### — having regard to the commission communication of 3 march 2021 entitled ‘union of equality: strategy for the rights of persons with disabilities 2021-2030’ (com(2021)0101) , ### — having regard to the commission communication of 3 march 2021 entitled ‘union of equality: strategy for the rights of persons with disabilities 2021-2030’ (com(2021)0101) , and in particular the six flagship initiatives ,


### a. whereas disability results from the interaction between persons who have long-term physical , mental , intellectual or sensory impairments and attitudinal and environmental barriers that hinder their full and effective participation in society on an equal basis with others; ### a. whereas disability results from the interaction between persons who have long-term physical , mental , intellectual or sensory impairments and attitudinal and environmental barriers that hinder their full and effective participation in society on an equal basis with others; whereas disability is an evolving concept and a natural variation; whereas barriers can be attitudinal and environmental; whereas people with disabilities contribute to the diversity of human-kind and society whereas the crpd prohibits discrimination on any ground , including that of disability , and recognises the rights of people with disabilities;


### — having regard to the european pillar of social rights , in particular principles 1 , 3 , 10 and 17 thereof , ### — having regard to the european pillar of social rights , in particular principles 1 thereof on education , training and life-long learning , 3 thereof on equal opportunities , 10 thereof on a healthy , safe and well-adapted work environment and data protection , and 17 thereof on the inclusion of people with disabilities ,


### — having regard to un sustainable development goal target 11.7 , ### — having regard to un 2030 agenda for sustainable development and its sustainable development goals , in particular , the explicit disability references included in sdg 1 and 2 on ending poverty and hunger , sdg 4 on education , sdg 8 on growth and employment , sdg 10 on inequality , sdg 11 on accessibility of human settlements and sdg 17 on data collection ,


### — having regard to the fundamental rights report 2021 of the eu agency for fundamental rights , ### — having regard to the fundamental rights report 2021 and 2022 of the eu agency for fundamental rights ,


### 1. expresses concern about the number of petitions setting out cases of discrimination; in this context , stresses that discrimination remains one of the most serious and unacceptable threats to fundamental rights and that it has no place in any aspect of life; regrets the fact that the proposal for a council directive on implementing the principle of equal treatment between persons irrespective of religion or belief , disability , age or sexual orientation (com(2008)0426) (the ‘horizontal anti-discrimination directive’) remains blocked in the council , and calls on the commission to propose new anti-discrimination legislation; calls , therefore , on the member states to effectively tackle every alleged case of discrimination and to deal with it in accordance with eu and national law; ### 1. expresses concern about the number of petitions setting out cases of discrimination; in this context , stresses that discrimination remains one of the most serious and unacceptable threats to fundamental rights and that it has no place in any aspect of life; regrets the fact that the proposal for a council directive on implementing the principle of equal treatment between persons irrespective of religion or belief , disability , age or sexual orientation (com(2008)0426) (the ‘horizontal anti-discrimination directive’) remains blocked in the council and urges the council to unblock it; calls on the commission to propose new additional anti-discrimination legislation; calls on the member states to effectively tackle every alleged case of discrimination and to deal with it by enhancing their legal systems and adopt more robust measures in accordance with eu law and international human rights standards in order to ensure the highest levels of protection;


### 1. considers that too much parliamentary time is taken up with targeting conservative member states , such as hungary or poland , but that not enough is done to eliminate corruption and breaches of the rule of law and media freedom in other member states; ### deleted