### 22. stresses that the eci is an important instrument for active citizenship and public participation; welcomes the discussion in several meetings as petitions of some unsuccessful ecis , which gave citizens the opportunity to expose their ideas and hold a constructive debate , as well as facilitating the participation of eu citizens in the democratic process of the union; takes note of the significant number of new ecis registered by the commission in 2021 , which shows that citizens are seizing the opportunity to use participatory instruments to have a say in policy and law-making processes; calls on the commission to better engage with citizens and give adequate follow-up to successful ecis; ### 22. stresses that the eci is an important instrument for active citizenship and public participation; welcomes the discussion in several meetings as petitions of some unsuccessful ecis , which gave citizens the opportunity to expose their ideas and hold a constructive debate , as well as facilitating the participation of eu citizens in the democratic process of the union; takes note of the significant number of new ecis registered by the commission in 2021 , which shows that citizens are seizing the opportunity to use participatory instruments to have a say in policy and law-making processes; calls on the commission to better engage with citizens and give adequate follow-up to successful ecis; considers that the commission should always accept the initiation of legislative procedures proposed by successful ecis and that at least it should better justify the cases in which it rejects the initiation of such legislative procedures;


### 23. underlines that the petitions web portal is an essential tool for ensuring a smooth , efficient and transparent petitions process; welcomes , in this regard , the improvements to data protection and security features which have made the portal more user-friendly and secure for citizens; stresses that efforts must be continued to make the portal more accessible , including to persons with disabilities; ### 23. underlines that the petitions web portal is an essential tool for ensuring a smooth , efficient and transparent petitions process; welcomes , in this regard , the improvements to data protection and security features which have made the portal more user-friendly and secure for citizens; stresses that efforts must be continued to make the portal more accessible and known to citizens , including to persons with disabilities;


### 1. supports the proposals made by the plenary of the conference on the future of europe (‘the conference’) of 9 may 2022 in relation to the field of civil liberties , justice and home affairs1 ; calls upon the union to more systematically uphold the rule of law principles and ensure fundamental rights protection , and to scrutinize respect for these values and principles , both in the accession of new members and continually across all union policies and across the member states; ### 1. notes with concern the proposals made by the plenary of the conference on the future of europe (‘the conference’) of 9 may 2022 in relation to the field of civil liberties , justice and home affairs which do not reflect consensus , and therefore lack sufficient legitimacy; calls upon the member states and the union to uphold the rule of law principles and ensure fundamental rights protection on an equal basis without the application of double standards , and to ensure respect for these values and principles , both in the accession of new members and continually across all union policies and across the member states with full respect to their national competences and the principle of subsidiarity; underlines that the union institutions must also adhere to the rule of law when they act; rejects the abuse of the concept of the rule of law for political aims and its use for political blackmailing;


### 1. insists on more democratic legitimacy , accountability and scrutiny of the union economic policies; stresses for the framework , institutions and tools for eu economic governance to be under the community method; calls for any treaty revision to grant the parliament its role as co-legislator and democratic oversight in these policies; ### 1. insists on more democratic legitimacy , accountability and scrutiny of the union economic policies;


### 2. calls therefore for the revision of the tfeu , in particular its title ii , to ensure that the union is able to react agilely and effectively to challenges and to achieve better democratic accountability of the union budget , notably by reinforcing parliament’s role in budgetary decision-making and scrutiny; ### 2. emphasises , however , that the framework for the formulation of the eu’s budgetary policy , its institutions and its instruments should be aligned with the framework provided by the current treaties;


### 3. article 122 tfeu shall be amended to lay down a single procedure whereby the council , acting by qualified majority after obtaining the consent of the european parliament , may adopt temporary measures to address severe or exceptional economic situations , without prejudice to other procedures provided for in the treaties; ### deleted


### 4. article 311 tfeu shall be amended so that the decision laying down the provisions relating to the system of own resources of the union and the implementing measures for that system are adopted by the council acting by qualified majority after obtaining the consent of the european parliament; ### deleted


### 5. article 312(2) tfeu shall be amended so that the regulation laying down the multiannual financial framework is adopted by the european parliament and the council acting in accordance with the ordinary legislative procedure; ### deleted


### 6. article 312(3) tfeu shall be amended to clarify that commitment appropriations are to be included into categories of expenditure , and hence subject to annual ceilings , only if they relate to union policies or the corresponding administrative expenditure , while other financial means to allow the union to fulfil its legal obligations in respect of third parties are not to be included into categories or subject to ceilings. ### deleted


### 2. requests amending articles 4 and 6 tfeu to introduce shared competences in the field of education , at a minimum in the field of citizenship education , highlighting that the exercise of that competence by the union shall not result in member states being prevented from exercising their competence; ### 2. requests amending articles 3 , 4 and 6 tfeu to introduce shared competences in the field of education , at a minimum in the field of citizenship education , highlighting that the exercise of that competence by the union shall not result in member states being prevented from exercising their competence;


### 3. calls for the economic governance to be redesigned taking into account lessons learned from the ngeu and sure processes; ### 3. calls for the economic governance to be redesigned taking into account lessons learned from the 2008 financial and economic crisis and the covid-19 pandemic , as well as with the aim of increasing the eu's competitiveness;


### 5. underlines the numerous impediments to essential eu tax initiatives over the past decades; calls for gradual change that would allow qmv in certain tax questions; ### deleted


### 6. highlights the new challenges for union’s competition policy , which require that the treaty be amended to align it with the goals of the green deal and the pillar of social rights and support the union´s strategic autonomy in key sectors; ### deleted


### (2) the union continues to be concerned with the rise in environmental criminal offences and their effects , which undermine the effectiveness of union environmental legislation. these offences are moreover increasingly extending beyond the borders of the member states in which the offences are committed. such offences pose a threat to the environment and therefore call for an appropriate and effective response. ### (2) the union continues to be concerned with the rise in environmental criminal offences and their effects , which undermine the effectiveness of union environmental legislation. these offences are moreover increasingly extending beyond the borders of the member states in which the offences are committed. such offences pose a threat to the environment , entail habitat damage and biodiversity loss , amplify climate change , threaten the sustainable livelihood of vulnerable populations , create public health risks and therefore call for an appropriate and effective response.


### (2) the union continues to be concerned with the rise in environmental criminal offences and their effects , which undermine the effectiveness of union environmental legislation. these offences are moreover increasingly extending beyond the borders of the member states in which the offences are committed. such offences pose a threat to the environment and therefore call for an appropriate and effective response. ### (2) the union continues to be concerned with the rise in environmental criminal offences and their effects , which undermine the effectiveness of union environmental legislation. these offences are moreover increasingly extending beyond the borders of the member states in which the offences are committed. such offences entail habitat damage and biodiversity loss , amplify climate change , threaten the sustainable livelihood of vulnerable populations , create public health risks. they also pose a threat to the environment and therefore call for an appropriate and effective response.


### (2) the union continues to be concerned with the rise in environmental criminal offences and their effects , which undermine the effectiveness of union environmental legislation. these offences are moreover increasingly extending beyond the borders of the member states in which the offences are committed. such offences pose a threat to the environment and therefore call for an appropriate and effective response. ### (2) the union continues to be concerned with the rise in environmental criminal offences and their effects , which undermine the effectiveness of union environmental legislation. these offences are moreover increasingly extending beyond the borders of the member states in which the offences are committed. such offences pose a threat to the environment , entail habitat damage and biodiversity loss , amplify climate change , threaten the sustainable livelihood of vulnerable populations , create public health risks , and therefore call for an appropriate and effective response.


### (2) the union continues to be concerned with the rise in environmental criminal offences and their effects , which undermine the effectiveness of union environmental legislation. these offences are moreover increasingly extending beyond the borders of the member states in which the offences are committed. such offences pose a threat to the environment and therefore call for an appropriate and effective response. ### (2) the union continues to be concerned with the rise in environmental criminal offences and their effects , which undermine the effectiveness of union environmental legislation. these offences pose a threat to the environment , are highly profitable for those who commit them and are difficult to detect , and their commission does not carry high penalties. these factors contribute to promoting environmental crime and the organised criminal groups that profit from it , making it necessary to provide an appropriate and effective response.


### (2) the union continues to be concerned with the rise in environmental criminal offences and their effects , which undermine the effectiveness of union environmental legislation. these offences are moreover increasingly extending beyond the borders of the member states in which the offences are committed. such offences pose a threat to the environment and therefore call for an appropriate and effective response. ### (2) the union continues to be concerned with the rise in environmental criminal offences and their effects , which undermine the effectiveness of union environmental legislation. these offences are moreover increasingly extending beyond the borders of the member states in which the offences are committed. such offences pose a threat to the environment , entail habitat damage and biodiversity loss , amplify climate change , threaten the sustainable livelihood of vulnerable populations in developing countries , create public health risks and therefore call for an appropriate and effective response.


### (3) the existing systems of penalties under directive 2008/99/ec of the european parliament and of the council20 and environmental sectoral law have not been sufficient in all environmental policy area to achieve compliance with union law for the protection of the environment. compliance should be strengthened by the availability of criminal penalties , which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties. ### (3) the existing systems of penalties under directive 2008/99/ec of the european parliament and of the council20 and environmental sectoral law have not been sufficient in all environmental policy area to achieve compliance with union law for the protection of the environment. compliance should be strengthened by the availability of criminal penalties , which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties and increase deterrence.


### (3) the existing systems of penalties under directive 2008/99/ec of the european parliament and of the council20 and environmental sectoral law have not been sufficient in all environmental policy area to achieve compliance with union law for the protection of the environment. compliance should be strengthened by the availability of criminal penalties , which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties. ### (3) the existing systems of penalties under directive 2008/99/ec of the european parliament and of the council20 and environmental sectoral law have not been sufficient in all environmental policy area to achieve compliance with union law for the protection of the environment. compliance should be strengthened by the availability of criminal penalties that are sufficiently dissuasive and commensurate with the seriousness of the offences , which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties.


### (6) member states should provide for criminal penalties in their national legislation in respect of serious infringements of provisions of union law concerning protection of the environment. in the framework of the common fisheries policy , union law provides for comprehensive set of rules for control and enforcement under regulation (ec) no 1224/200921 and regulation (ec) no 1005/2008 in case of serious infringements , including those that cause damage to the marine environment. under this system the member states have the choice between administrative and/or criminal sanctioning systems. in line with the communication from the commission on the european green deal22 and the eu biodiversity strategy for 203023 , certain intentional unlawful conduct covered under regulation (ec) no 1224/2009 and regulation (ec) 1005/200824 should be established as criminal offences. ### (6) member states should provide for criminal penalties in their national legislation in respect of serious infringements of provisions of union law concerning protection of the environment. in the framework of the common fisheries policy , union law provides for comprehensive set of rules for control and enforcement under regulation (ec) no 1224/200921 and regulation (ec) no 1005/2008 in case of serious infringements , including those that cause damage to the marine environment. under this system the member states have the choice between administrative and/or criminal sanctioning systems. in line with the communication from the commission on the european green deal22 and the eu biodiversity strategy for 203023 , all conducts deemed to be serious infringements under regulation (ec) no 1224/2009 and regulation (ec) 1005/200824 should be established as criminal offences.


### (7) in order to constitute an environmental offence under this directive , conduct should be unlawful under union law protecting the environment or national laws , administrative regulations or decisions giving effect to that union law. the conduct which constitutes each category of criminal offence should be defined and , where appropriate , a threshold which needs to be met for the conduct to be criminalised should be set. such conduct should be considered a criminal offence when committed intentionally and , in certain cases , also when committed with serious negligence. illegal conduct that causes death or serious injury of persons , substantial damage or a considerable risk of substantial damage for the environment or is considered otherwise as particularly harmful to the environment constitutes a criminal offence when committed with serious negligence. member states remain free to adopt or maintain more stringent criminal law rules in that area. ### (7) in order to constitute an environmental offence under this directive , conduct should be unlawful under union law protecting the environment or national laws , administrative regulations or decisions giving effect to that union law , or under a third state national law when the conduct is carried out by an eu citizen or a legal person established in the eu. the conduct which constitutes each category of criminal offence should be defined and , where appropriate , a threshold which needs to be met for the conduct to be criminalised should be set. such conduct should be considered a criminal offence when committed intentionally or with serious negligence. illegal conduct that causes death or serious injury of persons , substantial damage or a considerable risk of substantial damage for the environment or is considered otherwise as particularly harmful to the environment constitutes a criminal offence when committed with serious negligence. member states remain free to adopt or maintain more stringent criminal law rules in that area.


### (7) in order to constitute an environmental offence under this directive , conduct should be unlawful under union law protecting the environment or national laws , administrative regulations or decisions giving effect to that union law. the conduct which constitutes each category of criminal offence should be defined and , where appropriate , a threshold which needs to be met for the conduct to be criminalised should be set. such conduct should be considered a criminal offence when committed intentionally and , in certain cases , also when committed with serious negligence. illegal conduct that causes death or serious injury of persons , substantial damage or a considerable risk of substantial damage for the environment or is considered otherwise as particularly harmful to the environment constitutes a criminal offence when committed with serious negligence. member states remain free to adopt or maintain more stringent criminal law rules in that area. ### (7) in order to constitute an environmental offence under this directive , conduct should be unlawful under union law protecting the environment or national laws , administrative regulations or decisions giving effect to that union law. the conduct which constitutes each category of criminal offence should be defined and , where appropriate , a threshold which needs to be met for the conduct to be criminalised should be set. such conduct should be considered a criminal offence when committed intentionally or with serious negligence. member states remain free to adopt or maintain more stringent criminal law rules in that area.


### (7) in order to constitute an environmental offence under this directive , conduct should be unlawful under union law protecting the environment or national laws , administrative regulations or decisions giving effect to that union law. the conduct which constitutes each category of criminal offence should be defined and , where appropriate , a threshold which needs to be met for the conduct to be criminalised should be set. such conduct should be considered a criminal offence when committed intentionally and , in certain cases , also when committed with serious negligence. illegal conduct that causes death or serious injury of persons , substantial damage or a considerable risk of substantial damage for the environment or is considered otherwise as particularly harmful to the environment constitutes a criminal offence when committed with serious negligence. member states remain free to adopt or maintain more stringent criminal law rules in that area. ### (7) in order to constitute an environmental offence under this directive , conduct should be unlawful under union law protecting the environment or national laws , administrative regulations or decisions giving effect to that union law. the conduct which constitutes each category of criminal offence should be defined and , where appropriate , a threshold which needs to be met for the conduct to be criminalised should be set. such conduct should be considered a criminal offence when committed intentionally and , in certain cases , also when committed with negligence. illegal conduct that causes death or serious injury of persons , substantial damage or a considerable risk of substantial damage for the environment or is considered otherwise as particularly harmful to the environment constitutes a criminal offence when committed with negligence. member states remain free to adopt or maintain more stringent criminal law rules in that area.


### (7) in order to constitute an environmental offence under this directive , conduct should be unlawful under union law protecting the environment or national laws , administrative regulations or decisions giving effect to that union law. the conduct which constitutes each category of criminal offence should be defined and , where appropriate , a threshold which needs to be met for the conduct to be criminalised should be set. such conduct should be considered a criminal offence when committed intentionally and , in certain cases , also when committed with serious negligence. illegal conduct that causes death or serious injury of persons , substantial damage or a considerable risk of substantial damage for the environment or is considered otherwise as particularly harmful to the environment constitutes a criminal offence when committed with serious negligence. member states remain free to adopt or maintain more stringent criminal law rules in that area. ### (7) in order to constitute an environmental offence under this directive , conduct should be unlawful under union law protecting the environment or national laws , administrative regulations or decisions giving effect to that union law. the conduct which constitutes each category of criminal offence should be defined and , where appropriate , a threshold which needs to be met for the conduct to be criminalised should be set. such conduct should be considered a criminal offence when committed intentionally and with serious negligence. member states remain free to adopt or maintain more stringent criminal law rules in that area.


### (8) a conduct should be considered unlawful also when it is carried out under an authorisation by a competent authority in a member state if such authorisation was obtained fraudulently , or by corruption , extortion or coercion. moreover , operators should take the necessary steps to comply with the legislative , regulatory and administrative provisions concerning the protection of environment applicable when they carry out the respective activity , including by complying with their obligations , as laid down in applicable eu and national laws , in procedures governing amendments or updates to existing authorisations. ### (8) a conduct should be considered unlawful also when it is carried out under an authorisation by a competent authority in a member state , or a third country where the conduct is carried out by an eu citizen or a legal person established in the eu , if such authorisation was obtained fraudulently , or by corruption , extortion or coercion. moreover , operators should take the necessary steps to comply with the legislative , regulatory and administrative provisions concerning the protection of environment applicable when they carry out the respective activity , including by complying with their obligations , as laid down in applicable eu and national laws , in procedures governing amendments or updates to existing authorisations.


### (8) a conduct should be considered unlawful also when it is carried out under an authorisation by a competent authority in a member state if such authorisation was obtained fraudulently , or by corruption , extortion or coercion. moreover , operators should take the necessary steps to comply with the legislative , regulatory and administrative provisions concerning the protection of environment applicable when they carry out the respective activity , including by complying with their obligations , as laid down in applicable eu and national laws , in procedures governing amendments or updates to existing authorisations. ### (8) a conduct should be considered unlawful also when it is carried out under an authorisation by a competent authority in a member state , or a third country when the conduct is carried out by an eu citizen or a legal person established in the eu if such authorisation , was obtained fraudulently , or by corruption , extortion or coercion. moreover , operators should take the necessary steps to comply with the legislative , regulatory and administrative provisions concerning the protection of environment applicable when they carry out the respective activity , including by complying with their obligations , as laid down in applicable eu and national laws , in procedures governing amendments or updates to existing authorisations.


### (8) a conduct should be considered unlawful also when it is carried out under an authorisation by a competent authority in a member state if such authorisation was obtained fraudulently , or by corruption , extortion or coercion. moreover , operators should take the necessary steps to comply with the legislative , regulatory and administrative provisions concerning the protection of environment applicable when they carry out the respective activity , including by complying with their obligations , as laid down in applicable eu and national laws , in procedures governing amendments or updates to existing authorisations. ### (8) a conduct should be considered unlawful also when it is carried out under an authorisation by a competent authority in a member state , or a third country when the conduct is carried out by an eu citizen or a legal person established in the eu , if such authorisation was obtained fraudulently , or by corruption , extortion or coercion. moreover , operators should take the necessary steps to comply with the legislative , regulatory and administrative provisions concerning the protection of environment applicable when they carry out the respective activity , including by complying with their obligations , as laid down in applicable eu and national laws , in procedures governing amendments or updates to existing authorisations.


### (9) the environment should be protected in a wide sense , as set out under article 3 (3) teu and article 191 tfeu , covering all natural resources - air , water , soil , wild fauna and flora including habitats - as well as services provided by natural resources. ### (9) the environment should be protected in a wide sense , as set out under article 3(3) teu and article 191 tfeu , to ensure that environmental damage can be prevented and remedied at a reasonable cost to society and based on the ‘polluter pays’ principle. this should cover all natural resources — air , water , soil , wild fauna and flora including habitats — as well as services provided by natural resources.


### (12) in criminal proceedings and trials , due account should be taken of the involvement of organised criminal groups operating in ways that negatively impact the environment. criminal proceedings should address corruption , money laundering , cyber-crime and document fraud and – in relation to business activities – the intention of the offender to maximise profits or save expenses , where these occur in the context of environmental crime. these crime forms are often interconnected with serious environmental crime forms and should therefore not be dealt with in isolation. in this respect , it is of particular concern that some environmental crimes are committed with the tolerance or active support of the competent administrations or officials performing his/her public duty. in certain cases this can even take the form of corruption. examples of such behaviours are turning a blind eye or remaining silent on the infringement of laws protecting the environment following inspections , deliberately omitting inspections or controls for example with regard to whether the conditions of a permit are being respected by the permit-holder , resolutions or votes in favour of granting illegal licences or issuing falsified or untrue favourable reports. ### (12) in criminal proceedings and trials , due account should be taken of the involvement of organised criminal groups operating in ways that negatively impact the environment. criminal proceedings should address corruption , money laundering , cyber-crime and document fraud and – in relation to business activities – the intention of the offender to maximise profits or save expenses , where these occur in the context of environmental crime. these crime forms are often interconnected with serious environmental crime forms and should therefore not be dealt with in isolation. in this respect , it is of particular concern that some environmental crimes are committed with the tolerance or active support of the competent administrations or officials performing his/her public duty , which is often obtained by means of corruption. examples of such behaviours are turning a blind eye or remaining silent on the infringement of laws protecting the environment following inspections , deliberately omitting inspections or controls for example with regard to whether the conditions of a permit are being respected by the permit-holder , resolutions or votes in favour of granting illegal licences or issuing falsified or untrue favourable reports.


### (12) in criminal proceedings and trials , due account should be taken of the involvement of organised criminal groups operating in ways that negatively impact the environment. criminal proceedings should address corruption , money laundering , cyber-crime and document fraud and – in relation to business activities – the intention of the offender to maximise profits or save expenses , where these occur in the context of environmental crime. these crime forms are often interconnected with serious environmental crime forms and should therefore not be dealt with in isolation. in this respect , it is of particular concern that some environmental crimes are committed with the tolerance or active support of the competent administrations or officials performing his/her public duty. in certain cases this can even take the form of corruption. examples of such behaviours are turning a blind eye or remaining silent on the infringement of laws protecting the environment following inspections , deliberately omitting inspections or controls for example with regard to whether the conditions of a permit are being respected by the permit-holder , resolutions or votes in favour of granting illegal licences or issuing falsified or untrue favourable reports. ### (12) in criminal proceedings and trials , due account should be taken of the involvement of organised criminal groups operating in ways that negatively impact the environment. criminal proceedings should address corruption , money laundering , cyber-crime and document fraud and – in relation to business activities – the intention of the offender to maximise profits or save expenses , where these occur in the context of environmental crime. these crime forms are often interconnected with serious environmental crime forms and should therefore not be dealt with in isolation. in this respect , it is of particular concern that some environmental crimes are committed with the tolerance or active support of the competent administrations or officials performing his/her public duty. in certain cases this can even take the form of corruption. examples of such behaviours are turning a blind eye or remaining silent on the infringement of laws protecting the environment following inspections , deliberately omitting inspections or controls for example with regard to whether the conditions of a permit are being respected by the permit-holder , resolutions or votes in favour of granting illegal licences or issuing falsified or untrue favourable reports or , especially in developing countries , promoting prosecution of environmental defenders who act against projects that may constitute an environmental crime.


### (12) in criminal proceedings and trials , due account should be taken of the involvement of organised criminal groups operating in ways that negatively impact the environment. criminal proceedings should address corruption , money laundering , cyber-crime and document fraud and – in relation to business activities – the intention of the offender to maximise profits or save expenses , where these occur in the context of environmental crime. these crime forms are often interconnected with serious environmental crime forms and should therefore not be dealt with in isolation. in this respect , it is of particular concern that some environmental crimes are committed with the tolerance or active support of the competent administrations or officials performing his/her public duty. in certain cases this can even take the form of corruption. examples of such behaviours are turning a blind eye or remaining silent on the infringement of laws protecting the environment following inspections , deliberately omitting inspections or controls for example with regard to whether the conditions of a permit are being respected by the permit-holder , resolutions or votes in favour of granting illegal licences or issuing falsified or untrue favourable reports. ### (12) in criminal proceedings and trials , due account should be taken of the involvement of organised criminal groups operating in ways that negatively impact the environment. criminal proceedings should address corruption , money laundering , cyber-crime and document fraud and – in relation to business activities – the intention of the offender to maximise profits or save expenses , where these occur in the context of environmental crime. these crime forms are often interconnected with serious environmental crime forms and should therefore not be dealt with in isolation. in this respect , it is of particular concern that some environmental crimes are committed with the tolerance or active support of the competent administrations or officials performing his/her public duty , which often is obtained by means of corruption. examples of such behaviours are turning a blind eye or remaining silent on the infringement of laws protecting the environment following inspections , deliberately omitting inspections or controls for example with regard to whether the conditions of a permit are being respected by the permit-holder , resolutions or votes in favour of granting illegal licences , issuing falsified or untrue favourable reports or , especially in developing countries , promoting prosecution of environmental defenders who act against projects that may constitute an environmental crime.


### (12) in criminal proceedings and trials , due account should be taken of the involvement of organised criminal groups operating in ways that negatively impact the environment. criminal proceedings should address corruption , money laundering , cyber-crime and document fraud and – in relation to business activities – the intention of the offender to maximise profits or save expenses , where these occur in the context of environmental crime. these crime forms are often interconnected with serious environmental crime forms and should therefore not be dealt with in isolation. in this respect , it is of particular concern that some environmental crimes are committed with the tolerance or active support of the competent administrations or officials performing his/her public duty. in certain cases this can even take the form of corruption. examples of such behaviours are turning a blind eye or remaining silent on the infringement of laws protecting the environment following inspections , deliberately omitting inspections or controls for example with regard to whether the conditions of a permit are being respected by the permit-holder , resolutions or votes in favour of granting illegal licences or issuing falsified or untrue favourable reports. ### (12) in criminal proceedings and trials , due account should be taken of the involvement of organised criminal groups operating in ways that negatively impact the environment. criminal proceedings should address corruption , money laundering , cyber-crime and document fraud and – in relation to business activities – the intention of the offender to maximise profits or save expenses , where these occur in the context of environmental crime. these crime forms are often interconnected with serious environmental crime forms and should therefore not be dealt with in isolation. in this respect , it is of particular concern that some environmental crimes are committed with the tolerance or active support of the competent administrations or officials performing his/her public duty , which is often obtained by means of corruption. examples of such behaviours are turning a blind eye or remaining silent on the infringement of laws protecting the environment following inspections , deliberately omitting inspections or controls for example with regard to whether the conditions of a permit are being respected by the permit-holder , resolutions or votes in favour of granting illegal licences or issuing falsified or untrue favourable reports or , especially in developing countries , promoting prosecution of environmental defenders who act against environmental crime.


### (13) inciting , and aiding and abetting the criminal offences committed intentionally should also be punishable. an attempt to commit a criminal offence that causes death or serious injury of a person , substantial damage to the environment or is likely to cause substantial damage to the environment or is otherwise considered particularly harmful should also constitute a criminal offence when committed intentionally. ### (13) inciting , and aiding and abetting the criminal offences committed intentionally should also be punishable. an attempt to commit a criminal offence that causes death or serious injury of a person , substantial damage to the environment or is likely to cause substantial damage to the environment or is otherwise considered particularly harmful should also constitute a criminal offence when committed intentionally or with serious negligence.


### (14) sanctions for the offences should be effective , dissuasive and proportionate. to this end , minimum levels for the maximum term of imprisonment should be set for natural persons. accessory sanctions are often seen as being more effective than financial sanctions especially for legal persons. additional sanctions or measures should be therefore available in criminal proceedings. these should include the obligation to reinstate the environment , exclusion from access to public funding , including tender procedures , grants and concessions and withdrawal of permits and authorisations. this is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases. ### (14) sanctions for the offences should be effective , dissuasive and proportionate. to this end , minimum levels for the maximum term of imprisonment should be set for natural persons. minimum levels for the maximum term of imprisonment may be achieved by national law as a sanction for a single criminal offence , for an aggravated offence or for a combination of concurrent applicable criminal offences. accessory sanctions are often seen as being more effective than financial sanctions especially for legal persons. additional sanctions or measures should be therefore available in criminal proceedings. these should include the obligation to reinstate the environment , exclusion from access to public funding , including tender procedures , grants and concessions and withdrawal of permits and authorisations. this is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases.


### (16) a further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. where the death of , or serious injury to , a person , have been caused and where these elements are not already constituent for the criminal offence , these could be considered as aggravating circumstances. equally , when an environmental criminal offence causes substantial and irreversible or long-lasting damage to an entire ecosystem , this should be an aggravating circumstance because of its severity , including in cases comparable to ecocide. as the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals , these should be taken into account when determining the appropriate level of sanctioning in the individual case. ### (16) a further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. where the death of , or serious injury to , a person , have been caused and where these elements are not already constituent for the criminal offence , these could be considered as aggravating circumstances. on the other hand , when an environmental criminal offence causes substantial and irreversible or long-lasting damage to an entire ecosystem , this should be established as a crime of ecocide. as the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals and often fuel organised crime , these should be taken into account when determining the appropriate level of sanctioning in the individual case.


### (16) a further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. where the death of , or serious injury to , a person , have been caused and where these elements are not already constituent for the criminal offence , these could be considered as aggravating circumstances. equally , when an environmental criminal offence causes substantial and irreversible or long-lasting damage to an entire ecosystem , this should be an aggravating circumstance because of its severity , including in cases comparable to ecocide. as the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals , these should be taken into account when determining the appropriate level of sanctioning in the individual case. ### (16) a further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. where the death of , or serious injury to , a person , have been caused and where these elements are not already constituent for the criminal offence , these could be considered as aggravating circumstances. on the other hand , when any act causes substantial and irreversible or long-lasting damage to an entire ecosystem , this should be established as a separate criminal offence of ecocide , which should be prosecuted regardless of its specific inclusion in article 3(1) and should be punished with the same penalties imposed upon to criminal offences listed in article 3 (1) that cause the death or serious injury of a person. as the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals and often fuel criminal organisations , these should be taken into account when determining the appropriate level of sanctioning in the individual case.


### (16) a further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. where the death of , or serious injury to , a person , have been caused and where these elements are not already constituent for the criminal offence , these could be considered as aggravating circumstances. equally , when an environmental criminal offence causes substantial and irreversible or long-lasting damage to an entire ecosystem , this should be an aggravating circumstance because of its severity , including in cases comparable to ecocide. as the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals , these should be taken into account when determining the appropriate level of sanctioning in the individual case. ### (16) a further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. where the death of , or serious injury to , a person , have been caused and where these elements are not already constituent for the criminal offence , these could be considered as aggravating circumstances. equally , when an environmental criminal offence causes substantial and irreversible or long-lasting damage to an entire ecosystem , this should be an aggravating circumstance because of its severity , including in cases comparable to ecocide. as the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals and often fuel organised crime , these should be taken into account when determining the appropriate level of sanctioning in the individual case.


### (20) the obligations in this directive to provide for criminal penalties should not exempt member states from the obligation to provide for administrative sanctions and other measures in national law for breaches established in union environmental legislation. ### (20) the obligations in this directive to provide for criminal penalties should not exempt member states from the obligation to provide for effective , dissuasive and proportionate administrative sanctions and other measures in national law for breaches established in union environmental legislation.


### (20) the obligations in this directive to provide for criminal penalties should not exempt member states from the obligation to provide for administrative sanctions and other measures in national law for breaches established in union environmental legislation. ### (20) the obligations in this directive to provide for criminal penalties should not exempt member states from the obligation to provide for effective , proportionate and dissuasive administrative sanctions and other measures in national law for breaches established in union environmental legislation


### (20) the obligations in this directive to provide for criminal penalties should not exempt member states from the obligation to provide for administrative sanctions and other measures in national law for breaches established in union environmental legislation. ### (20) the obligations in this directive to provide for criminal penalties should not exempt member states from the obligation to provide for effective , proportionate and dissuasive administrative sanctions and other measures in national law for breaches established in union environmental legislation.


### (23) given , in particular , the mobility of perpetrators of illegal conduct covered by this directive , together with the cross-border nature of offences and the possibility of cross-border investigations , member states should establish jurisdiction in order to counter such conduct effectively. ### (23) given , in particular , the mobility of perpetrators of illegal conduct covered by this directive , together with the cross-border nature of offences and the possibility of cross-border investigations , including actions carried out in third states , member states should establish jurisdiction in order to counter such conduct effectively.


### (23) given , in particular , the mobility of perpetrators of illegal conduct covered by this directive , together with the cross-border nature of offences and the possibility of cross-border investigations , member states should establish jurisdiction in order to counter such conduct effectively. ### (23) given , in particular , the mobility of perpetrators of illegal conduct covered by this directive , together with the crossborder nature of offences and the possibility of cross-border investigations , including conducts carried out in third states , member states should establish jurisdiction in order to counter such conduct effectively.


### (23) given , in particular , the mobility of perpetrators of illegal conduct covered by this directive , together with the cross-border nature of offences and the possibility of cross-border investigations , member states should establish jurisdiction in order to counter such conduct effectively. ### (23) given , in particular , the mobility of perpetrators of illegal conduct covered by this directive , together with the cross-border nature of offences and the possibility of cross-border investigations , including conducts carried out in third states , member states should establish jurisdiction in order to counter such conduct effectively.


### (23) given , in particular , the mobility of perpetrators of illegal conduct covered by this directive , together with the cross-border nature of offences and the possibility of cross-border investigations , member states should establish jurisdiction in order to counter such conduct effectively. ### (23) given , in particular , the mobility of perpetrators of illegal conduct covered by this directive , together with the cross-border nature of offences and the possibility of cross-border investigations , including conducts carried out in third countries , member states should establish jurisdiction in order to counter such conduct effectively.


### (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 relevant statistical data on environmental offences. the commission should annually assess and publish the results based on the data transmitted by the member states.


### 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 against the environment and sanctions in order to prevent and fight environmental crime 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 in a third state where the conduct was carried out by an eu citizen or a legal person established in the eu , when the authorisation was 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 , including states or public bodies exercising state authority and for public international organisations;


### 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 and committed intentionally or with serious negligence:


### 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;


### 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 , b and c to council regulation (ec) no 338/9751 , except for cases where the conduct concerns a negligible quantity of such specimens;


### (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;


### 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. ### deleted


### 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 article 3(1) and article 3(1a) 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 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 article 3(1) and article 3 (1a) 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) when committed intentionally or with serious negligence 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.


### 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 article 3(1) are punishable by a maximum term of imprisonment of at least fifteen 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 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 article 3 (1) are punishable by a maximum term of imprisonment of at least fifteen 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 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 article 3 are punishable by a maximum term of imprisonment of at least fifteen years if they cause or are likely to cause death or serious injury to any person.


### 3. member states shall take the necessary measures to ensure that the offences referred to in article 3(1) points (a) to (j) , (n) , (q) , (r) are punishable by a maximum term of imprisonment of at least six years. ### 3. member states shall take the necessary measures to ensure that the offences referred to in article 3(1) points (a) to (j) , (n) , (q) , (r) are punishable by a maximum term of imprisonment of at least ten years.


### 4. member states shall take the necessary measures to ensure that the offences referred to in article 3(1) points (k) , (l) , (m) , (o) , (p) are punishable by a maximum term of imprisonment of at least four years. ### 4. member states shall take the necessary measures to ensure that the offences referred to in article 3(1) points (k) , (l) , (m) , (o) , (p) are punishable by a maximum term of imprisonment of at least six years.


### fines; ### fines , which shall be proportional to the damage done;


### fines; ### fines , which shall be proportional to the damage caused by the offence;


### 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 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.


### 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) points (a) to (j) , (n) , (q) , (r) 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. ### 5. member states shall take the necessary measures to ensure that offences referred to in article 3(1) points (k) , (l) , (m) , (o) , (p) are punishable by fines , the maximum limit of which shall be not less than 10% of the 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. ### 5. member states shall take the necessary measures to ensure that offences referred to in article 3(1) points (k) , (l) , (m) , (o) , (p) , (q) , (r) 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.


### the offender restores nature to its previous condition; ### the offender restores nature to its previous condition prior to the indictment of criminal proceedings;


### 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 those criminal offences were discovered , in order for those criminal offences to be tackled effectively.


### 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 fifteen 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 , when offences are punishable; ### of offences referred to in articles 3 and 4 which are punishable by a maximum sanction of at least fifteen years of imprisonment , for a period of at fifteen 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 , when offences are punishable; ### of offences referred to in articles 3 and 4 which are punishable by a maximum sanction of at least fifteen years of imprisonment , for a period of at least fifteen 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 , 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 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 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 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 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.


### 3. by way of derogation from paragraph 2 , member states may establish a limitation period that is shorter than ten years , but not shorter than four years , provided that the period may be interrupted or suspended in the event of specified acts. ### deleted


### 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 fifteen years of imprisonment , imposed following a final conviction for a criminal offence referred to in articles 3 and 4 , for at least fifteen 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 six years of imprisonment , imposed following a final conviction for a criminal offence referred to in articles 3 and 4 , for at least six 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 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 four years of imprisonment , imposed following a final conviction for a criminal offence referred to in articles 3 and 4 , for at least four 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 six years of imprisonment , imposed following a final conviction for a criminal offence referred to in articles 3 and 4 , for at least six 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 four years of imprisonment , imposed following a final conviction for a criminal offence referred to in articles 3 and 4 , for at least four 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 six years of imprisonment , imposed following a final conviction for a criminal offence referred to in articles 3 and 4 , for at least four 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 , 3(1a) 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. a member state shall ensure to extend its jurisdiction to offences referred to in articles 3 , 3(1a) and 4 which have been committed outside its territory , where:


### 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


### 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 and 4 , for instance as a civil party or as a private prosecution.


### 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 and 4.


### 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 preventive law enforcement tools , information and awareness-raising campaigns and research and education programmes , to reduce overall environmental criminal offences , raise public awareness and reduce the risk of population of becoming a victim of an environmental criminal offence. where appropriate , member states shall act in cooperation with the relevant stakeholders.


### 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 preventive law enforcement tools , information and awareness-raising campaigns and research and education programmes to reduce overall environmental criminal offences , raise public awareness and reduce the risk of population of becoming a victim of an environmental criminal offence. where appropriate , member states shall act in cooperation with the relevant stakeholders.


### 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 prevent , detect , investigate , prosecute or adjudicate environmental offences have a sufficient number of qualified staff and sufficient financial , technical and technological resources necessary for the effective performance of their functions related to the implementation of this directive.


### without prejudice to judicial independence and differences in the organisation of the judiciary across the union , member states shall request those responsible for the training of judges , prosecutors , police , judicial staff and competent authorities’ staff involved in criminal proceedings and investigations to provide at regular intervals specialised training with respect to the objectives of this directive and appropriate to the functions of the involved staff and authorities. ### without prejudice to judicial independence and differences in the organisation of the judiciary across the union , member states shall request those responsible for the training of judges , prosecutors , police , judicial staff and competent authorities’ staff involved in criminal proceedings and investigations to provide at regular intervals specialised training , especially in the cases of environmental crime committed within the framework of criminal organizations , with respect to the objectives of this directive and appropriate to the functions of the involved staff and authorities.


### without prejudice to judicial independence and differences in the organisation of the judiciary across the union , member states shall request those responsible for the training of judges , prosecutors , police , judicial staff and competent authorities’ staff involved in criminal proceedings and investigations to provide at regular intervals specialised training with respect to the objectives of this directive and appropriate to the functions of the involved staff and authorities. ### without prejudice to judicial independence and differences in the organisation of the judiciary across the union , member states shall request those responsible for the training of judges , prosecutors , police , judicial staff and competent authorities’ staff involved in criminal proceedings and investigations to provide at regular intervals specialised training , especially in the case of environmental crime committed within the framework of criminal organizations , with respect to the objectives of this directive and appropriate to the functions of the involved staff and authorities.


### 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 , cybercrime , financial 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 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.


### 3. member states shall ensure that a consolidated review of their statistics is regularly published. ### 3. member states shall ensure that a consolidated review of their statistics is annually published.


### 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 annually 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.


### an authority to exercise control within the legal person. ### an authority to exercise control within the legal person , including supply chain due diligence.


### 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 an eu member state or a third country;


### 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 an eu member state or a third country.


### 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: ### deleted


### 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 , points (c) and (d) and (da) , 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.


### 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 the integration of people with disabilities into the labour market is not only essential for social inclusion and equal opportunities , but also offers significant economic opportunities and 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;


### 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 , and access to the open labour market with an adequate and fair salary9as well as adequate social protection in order to allow sufficient flexibility in the provision of social support and benefits and ensure their adjustability to the individual needs and career paths of pwd;


### 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 , lifelong learning , a guarantee of democratic rights7 such as the right to vote8 , and access to the open labour market with an adequate salary9 ;


### 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


### 2. calls on the commission to cease its strategies of identity politics , favouring groups based on sex , ethnicity , skin colour , group history or self-perception; notes that so-called ‘positive discrimination’ includes negative discrimination towards those not in that particular group; further notes that intersectional discrimination does not solve the problems of underprivileged people , but rather multiplies a victim mentality for people in every applicable category; urges the commission and the member states to take a meritocratic viewpoint , whereby people are judged on individual merit; ### deleted


### 4. condemns governmental politicisation of the media , whereby governments use it as a tool for their own propaganda; urges the member states to decouple broadcasting councils from political parties , ensuring independence of financing , editorial freedom and journalistic integrity; notes that the german broadcasters ard and zdf are firmly in the hands of politicians , despite decades of appeals by the german constitutional court to try and change this; ### deleted


### 5. highlights the seeming impunity of some national governments to rule of law scrutiny , especially germany , where political parties continue to exert influence in the appointment of judges , and seek to eliminate political opposition parties by intimidation and spurious court cases; ### deleted


### 6. condemns the violence of antifa rioting in the midst of peaceful vaccine passport protests across europe; notes the allegations that they are working in cooperation with police authorities to create headlines and discredit the protests; ### deleted


### 7. recognises that freedom of conscience includes the right to conscientious objection; notes with concern that there are still member states in which competent and well-qualified medical staff are denied employment , or have their employment terminated , because of their conscientious objection to life-ending procedures; urges sweden and finland to end their practice of compelling midwives to perform abortions even if this is against their conscience; ### deleted


### 8. deplores the vaccine mandates , which coerce and oblige all citizens to take part in a medical trial of experimental gene therapies , some of which were tested on the kidneys of aborted babies (moderna and pfizer) , contrary to article 10 of the charter of fundamental rights of the european union and article 9 of the european convention on human rights; ### deleted


### 12. fully supports the work of frontex in their difficult task protecting the eu external borders against floods of illegal migrants; ### deleted


### 13. strongly condemns ngos masquerading as aid agencies while facilitating the smuggling of unqualified migrants into the eu; urges the commission to cease funding such entities; ### deleted


### 14. urges the commission to adhere to its competences under the treaties , and not seek to encroach on member state sovereignty , especially in the area of health legislation; ### deleted


### 15. condemns the intolerant rhetoric that describes any conservative voice as being ‘anti-vax’ , anti-choice , racist , bigoted or misogynistic; urges the commission and the council to live up to our motto of ‘united in diversity’ by encouraging lively debate on topics with an open mind , rather than ad hominem attacks; ### deleted


### 16. deeply regrets the draconian imposition of the eu digital covid certificate , which has seen the fundamental rights of every eu citizen damaged or lost; notes that the costs (financial as well as psychological) far outweigh any health benefits , as healthy people and those at low risk of death from covid-19 are forced to obey ever-changing , unreasonable , disproportionate and ineffective legal mandates in order to meet their family , enter their workplace (including the premises of the european parliament) , cross schengen borders , attend a place of worship , or enter a concert hall , shopping centre or social club; notes that the costs of these unprecedented governmental controls will be regretted by many for decades to come; ### deleted


### 17. expresses grave concern about the excessive lockdown measures , which have put businesses into debt and closure , seen people separated from their loved ones and families (often during their final hours) , increased mental illness through isolation , led to rises in domestic violence , as people are imprisoned in their homes and prevented from having external contact , and seen children unnecessarily masked and vaccinated; urges the member states to encourage early treatment of the sars-cov-2 infection9 ; ### deleted


### 18. urges the president of parliament to rescind the obligation for parliament staff to show their eu digital covid certificate in order to access their workplace , as this is in contravention of the gdpr , whereby personal data collected for one purpose (crossing borders) cannot be repurposed for another (entering parliament’s premises) , with the privacy contraventions this entails; further urges her to seek assurance that dna data has not been collected , stored and transferred to third parties; ### deleted


### 19. calls on the commission to present full details of contracts concluded for the purchase of covid-19 vaccines , without redactions , and calls for full transparency of health data associated with the vaccines’ efficacy and side effects; notes that manufacturers of harmful vaccines are liable under directive 85/374/eec; ### deleted


### 20. calls on the member states to take urgent action against acts of modern slavery or reproductive exploitation through surrogacy agreements; ### deleted


### a. whereas the years 2020 and 2021 saw the most draconian loss of fundamental rights in the history of the eu , whereby citizens were forced to stay at home , close businesses , remain distant from friends and family , maintain physical distance and go untreated for ‘non-urgent’ medical issues , were prevented from attending places of worship and from travelling within and outside the eu , and were forced to show a historically worrisome pass to enter premises or vehicles; ### deleted


### b. whereas more than 325 000 illegal crossings were detected by the european border and coast guard agency (frontex) and member state border controls between january 2020 and december 20216 , with untold numbers of illegal migrants , traffickers and smugglers entering , remaining in and destabilising the security of our union; ### deleted


### c. whereas eu law , as upheld in the case of brüstle v greenpeace , affirms the right to life and dignity of every human embryo , and this right should therefore be protected under article 2 of the charter of fundamental rights of the european union; ### deleted


### 1. reiterates that the identification of breaches of the principles of the rule of law requires an objective , impartial , fair and thorough qualitative assessment by the commission , which should take into account relevant information from available sources and recognised institutions; insists that the annual rule of law report be used systematically for that assessment , taking into account the above-mentioned criteria; ### 1. reiterates that the identification of breaches of the principles of the rule of law requires an objective , impartial , fair and thorough qualitative assessment by the commission , which should take into account relevant information from available sources and recognised institutions;


### a. whereas regulation (eu , euratom) 2020/2092 of the european parliament and of the council of 16 december 2020 on a general regime of conditionality for the protection of the union budget1 (rule of law conditionality regulation) entered into force on 1 january 2021 and has been binding in its entirety and directly applicable in all member states since that date; ### deleted


### 2. recalling its resolution of 8 july 2021 on the creation of guidelines for the application of the general regime of conditionality for the protection of the union budget2 , insists that the commission include in its annual rule of law report a section dedicated to cases where breaches of the rule of law in a member state could affect or seriously risk affecting the sound financial management of the union budget or the protection of the financial interests of the union in a sufficiently direct way; ### deleted


### 3. recalls that the rule of law conditionality regulation applies both to individual breaches of the principles of the rule of law and to ‘systemic’ breaches that are widespread or are a result of recurrent practices or omissions by public authorities , or general measures adopted by such authorities; regrets that the structure of the 2021 rule of law report does not always lend itself to the effective identification of such systemic breaches and calls on the commission for improvements in this respect. ### deleted


### — having regard to articles 24 and 227 of the treaty on the functioning of the european union (tfeu) , which reflect the importance the treaty attaches to the right of eu citizens and residents to bring their concerns to the attention of parliament , ### — having regard to articles 20 , 24 and 227 of the treaty on the functioning of the european union (tfeu) , which reflect the importance the treaty attaches to the right of eu citizens and residents to bring their concerns to the attention of parliament ,


### — having regard to rules 54 and 227(7) of its rules of procedure , ### — having regard to rules 54 and 226 , 227 , 228 , 229 and 230 of its rules of procedure ,


### 1. emphasises the fundamental role of the committee on petitions in protecting and promoting the rights of eu citizens and residents by ensuring that petitioners’ concerns and complaints are examined in a timely and effective manner and that they are resolved , wherever possible , through an open , democratic and transparent petitions process; ### 1. emphasises the fundamental role of the committee on petitions in protecting and promoting the rights of eu citizens and residents by ensuring that petitioners’ concerns and complaints are examined in a timely and effective manner and that they are resolved , wherever possible , through an open , democratic , rapid and transparent petitions process; stresses the pivotal importance of petitions in promoting the principles of direct democracy and improving the active participation of eu citizens;


### 4. recalls that petitions contribute considerably to the commission’s role as guardian of the treaties; stresses that reinforced cooperation between the committee on petitions and the commission and timely answers from the commission are essential to ensure the successful treatment of petitions; reiterates its call on the commission for regular updates on developments in infringement proceedings and for access to relevant commission documents on infringements and eu pilot procedures which have been closed; ### 4. recalls that petitions contribute considerably to the commission’s role as guardian of the treaties; stresses that reinforced cooperation between the committee on petitions and the commission and timely answers from the commission are essential to ensure the successful treatment of petitions; calls on the commission to provide the european parliament with systematic information related to ongoing and closed eu pilots and infringement procedures that are linked to issues raised by a petition and to consider any issues related to the breach of eu law that are raised through petitions as a priority for initiating an infringement procedure , especially when the issues are related to the environmental legislation;


### 5. calls on the commission to assess whether national authorities are taking the necessary measures to respond to citizens’ concerns as expressed in their petitions where cases of systemic failure in compliance with eu law occur; ### 5. calls on the commission to assess whether national authorities are taking the necessary measures to respond to citizens’ concerns as expressed in their petitions where cases of systemic failure in compliance with eu law occur; calls on the commission to regularly follow up on progress in complying with eu legislation in the cases examined;


### 10. draws attention to the large number of petitions on covid-19 that the committee on petitions examined and replied to in 2020 , mostly by using its urgency procedure; stresses that most of these petitions called for the protection of citizens’ health against the spread of the virus , including questions on treatments , protective equipment and on the acquisition and distribution of vaccines , as well as for the assessment of the management of the health crisis in the member states; recalls , also , that many petitioners raised concerns over the impact of national emergency measures , including lockdowns , on democracy , the rule of law and fundamental rights , calling into question travel and work restrictions , obstacles to the freedom of movement within the schengen area , as well as the management of cancelled flights and trips during the pandemic; ### 10. draws attention to the large number of petitions on covid-19 that the committee on petitions examined and replied to in 2020 , mostly by using its urgency procedure; stresses that most of these petitions called for the protection of citizens’ health against the spread of the virus , including questions on treatments , protective equipment and on the acquisition and distribution of vaccines , as well as for the assessment of the management of the health crisis in the member states; recalls , also , that many petitioners raised concerns over the impact of national emergency measures , including lockdowns , on democracy , the rule of law and fundamental rights , calling into question travel and work restrictions , obstacles to the freedom of movement within the schengen area , as well as the management of cancelled flights and trips during the pandemic and the refund policies of the airlines involved;


### 15. notes that environmental issues remained an area of serious concern for petitioners in 2020; regrets that environmental rules are not always correctly implemented in the member states , as described in numerous petitions raising complaints about air pollution , the deterioration of natural ecosystems , nuclear safety and the impact of mining activities on the environment; stresses the importance of delivering on eu citizens’ expectations on the protection of the environment; urges , therefore , the commission , together with the member states , to ensure the correct implementation of eu legislation in this field; ### 15. notes that environmental issues remained an area of serious concern for petitioners in 2020; regrets that environmental rules are not always correctly implemented in the member states , as described in numerous petitions raising complaints about air and electromagnetic pollution , the deterioration of natural ecosystems , nuclear safety and the impact of mining activities on the environment; stresses the importance of delivering on eu citizens’ expectations on the protection of the environment; urges , therefore , the commission , together with the member states , to ensure the correct implementation of eu legislation in this field and to set binding criteria to ensure regulatory fairness and protect the health of citizens in all member states;