### (1) according to article 3(3) of the treaty on european union (teu) and article 191 of the treaty on the functioning of the european union (tfeu) , the union is committed to ensuring a high level of protection and improvement of the quality of the environment. ### (1) according to article 3(3) of the treaty on european union (teu) and article 191 of the treaty on the functioning of the european union (tfeu) , the union is committed to ensuring a high level of protection and improvement of the quality of the environment , inter alia by application of the precautionary principle and on the principles that preventive action should be taken , that environmental damage should as a priority be rectified at source and that the polluter should pay.


### (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 , climate , human health as well as human and fundamental rights 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 result in lost opportunity costs , in harm or loss of ecosystem services , habitats and species , undermine the effectiveness of union environmental legislation and by undercutting legal prices might create unfair competition to legally operating businesses. improved environmental standards by legislation aiming at high level of protection of environment and human health in some cases lead to increased costs for businesses , in particular in cases of inelasticity of price in the sector , and potentially raises the attractiveness of illegal operations1a. 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.


### (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. this is linked to the fact that environmental offences are still perceived in many member states as posing little danger for the society and are thus usually treated as administrative offences rather than criminal offences , reflecting the low priority the environmental protection still has in the area of law enforcement. compliance should be strengthened by the availability of criminal penalties , which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties.


### (4) the effective investigation , prosecution and adjudication of environmental criminal offences should be improved. the list of environmental criminal offences which were set out in directive 2008/99/ec should be revised and additional categories of offences based on the most serious breaches of union environmental law should be added. provisions on sanctions should be strengthened in order to enhance their deterrent effect as well as the enforcement chain in charge of detecting , investigating , prosecuting and adjudicating environmental criminal offences. ### (4) the effective investigation , prosecution and adjudication of environmental criminal offences should be improved. the list of environmental criminal offences which were set out in directive 2008/99/ec should be revised and additional categories of offences based on the most serious breaches of union environmental law should be added. provisions on sanctions should be strengthened in order to enhance their deterrent effect as well as the enforcement chain in charge of detecting , investigating , prosecuting and adjudicating environmental criminal offences. overleniency with regard to the punishment of environmental crimes leads to a situation where the fines received for violation of environmental law represent a small fraction of the profits and could be regarded as a cost of doing business and results in an unfair competition to legally operating businesses.


### (4) the effective investigation , prosecution and adjudication of environmental criminal offences should be improved. the list of environmental criminal offences which were set out in directive 2008/99/ec should be revised and additional categories of offences based on the most serious breaches of union environmental law should be added. provisions on sanctions should be strengthened in order to enhance their deterrent effect as well as the enforcement chain in charge of detecting , investigating , prosecuting and adjudicating environmental criminal offences. ### (4) the effective detection , investigation , prosecution and adjudication of environmental criminal offences should be improved. the list of environmental criminal offences which were set out in directive 2008/99/ec should be revised and additional categories of offences based on the most serious breaches of union environmental law should be added. provisions on sanctions should be strengthened in order to enhance their deterrent effect as well as the enforcement chain in charge of detecting , investigating , prosecuting and adjudicating environmental criminal offences.


### (4) the effective investigation , prosecution and adjudication of environmental criminal offences should be improved. the list of environmental criminal offences which were set out in directive 2008/99/ec should be revised and additional categories of offences based on the most serious breaches of union environmental law should be added. provisions on sanctions should be strengthened in order to enhance their deterrent effect as well as the enforcement chain in charge of detecting , investigating , prosecuting and adjudicating environmental criminal offences. ### (4) the effective investigation , prosecution and adjudication of environmental criminal offences should be improved. the list of environmental criminal offences which were set out in directive 2008/99/ec should be revised and additional categories of offences based on the serious breaches of union environmental law should be added. over leniency with regard to the punishment of what might have been seen as minor environmental crimes , results in a situation where the fines received for violation of environmental law represent a small fraction of the profits and could be regarded as a cost of doing business. provisions on sanctions should be strengthened in order to have a deterrent effect as well as to adequately support the enforcement chain in charge of detecting , investigating , prosecuting and adjudicating environmental criminal offences as well as to give a signal that it makes economic sense to comply with the environmental acquis.


### (5) member states should criminalise offence categories and provide for greater precision on the definitions of the offence categories , and harmonisation concerning sanction types and levels. ### (5) member states should criminalise offence categories and provide for greater precision on the definitions of the offence categories , and gradual harmonisation concerning sanction types and levels , taking into accounts peculiarities of legal systems of member states.


### (5) member states should criminalise offence categories and provide for greater precision on the definitions of the offence categories , and harmonisation concerning sanction types and levels. ### (5) the directive should provide a clear sentencing guidance to the authorities. member states should criminalise offence categories and provide for greater precision on the definitions of the offence categories , and harmonisation concerning sanction types and levels.


### (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 , certain intentional unlawful conduct covered under regulation (ec) no 1224/2009 and regulation (ec) 1005/200824 should be established as criminal offences. similarly , the common agricultural policy1a provides for penalties , in the area of both interventions covered and not covered by iacs , and those related to conditionality rules , jointly aiming for safeguards for environment and prudent and rational use of natural resources. this directive provides for establishing criminal sanctions in case of serious non-compliance with the respective provisions.


### (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 when committed with at least 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 at least 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 if such authorisation was illegal , if it was obtained fraudulently , or by corruption , extortion or coercion. an authorisation that has breached the relevant eu legislation , independently of the eventual result of the given authorisation is as well considered unlawful. 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 , covering all natural resources - air , water , soil , wild fauna and flora , including habitats , ecosystems and species populations - as well as prudent and rational use of natural resources and ecosystem services.


### (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 , covering all natural resources - air , water , soil , wild fauna and flora including habitats , ecosystems and species populations - as well as services provided by natural resources. similarly , environmental damage should also be understood in a wide sense , as comprising not only the market value of the damaged natural resources , but also the ecological and societal values of the services provided by those natural resources.


### (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 , covering all natural resources - air , water , soil , wild fauna and flora including habitats , ecosystems and species populations - as well as prudent and rational use of natural resources and ecosystem services.


### (10) the acceleration of climate change , biodiversity loss and environmental degradation , paired with tangible examples of their devastating effects , have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. therefore , when union legislation covered by this directive evolves , this directive should also cover any updated or amended union legislation falling within the scope of criminal offences defined under this directive , when the obligations under union law remain unchanged in substance. however , when new legal instruments prohibit new conduct harmful to the environment , this directive should be amended in order to add to the categories of criminal offences also the new serious breaches of union environmental law. ### (10) the acceleration of climate change , biodiversity loss and environmental degradation , paired with tangible examples of their devastating effects , have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. therefore , when union legislation covered by this directive evolves , this directive should also automatically cover any updated or amended union legislation falling within the scope of criminal offences defined under this directive , when the obligations under union law remain unchanged in substance. however , when new legal instruments prohibit new conduct harmful to the environment , this directive should be amended in order to add to the categories of criminal offences also the new serious breaches of union environmental law. in such cases , the amendment of the directive should be limited to the incorporation of new criminal offences and only concern article 3 and related provisions of the directive in order to reflect such new incorporation.


### (10) the acceleration of climate change , biodiversity loss and environmental degradation , paired with tangible examples of their devastating effects , have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. therefore , when union legislation covered by this directive evolves , this directive should also cover any updated or amended union legislation falling within the scope of criminal offences defined under this directive , when the obligations under union law remain unchanged in substance. however , when new legal instruments prohibit new conduct harmful to the environment , this directive should be amended in order to add to the categories of criminal offences also the new serious breaches of union environmental law. ### (10) the acceleration of climate change , biodiversity loss and environmental degradation , paired with tangible examples of their devastating effects , have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. therefore , when union legislation covered by this directive evolves , this directive should also automatically cover any updated or amended union legislation falling within the scope of criminal offences defined under this directive , when the obligations under union law remain unchanged in substance. however , when new legal instruments prohibit new conduct harmful to the environment , this directive should be amended in the respective part in order to add to the categories of criminal offences also the serious breaches of union environmental law adopted after this directive will have come into force.


### (11) qualitative and quantitative thresholds used to define environmental criminal offences should be clarified by providing a non-exhaustive list of circumstances which should be taken into account when assessing such thresholds by authorities which investigate , prosecute and adjudicate offences. this should promote the coherent application of the directive and a more effective fight against environmental crimes as well as provide for legal certainty. however , such thresholds or their application should not make the investigation , prosecution or adjudication of criminal offences excessively difficult. ### (11) qualitative and quantitative thresholds used to define environmental criminal offences should be clarified by providing a non-exhaustive list of circumstances which should be taken into account when assessing such thresholds by authorities which investigate , prosecute and adjudicate offences. this should promote the coherent application of the directive and a more effective fight against environmental crimes as well as provide for legal certainty. however , such thresholds or their application should not make the investigation , prosecution or adjudication of criminal offences excessively difficult. in order to ensure a consistent and coherent approach among member states , the commission should issue guidelines to facilitate , to the extent possible , a harmonised understanding of the qualitative and quantitative thresholds across member states. the guidelines should be science-based , produced in cooperation with relevant experts and other relevant stakeholders and may include a summary of existing relevant case law , real-life examples or common benchmarks.


### (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. 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 fully cover the cost of restoration of 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. 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. additional sanctions for natural persons - especially in the form of an obligation to reinstate the environment or finance its reinstatement within a reasonable timeframe , where such restoration is possible , or other forms of sanctions with financial consequences , such as fines - can have complementary , and sometimes even more important deterrent effect and therefore the use of such additional sanctions should be encouraged whenever possible.


### (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. 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 fully cover the cost 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.


### (15) where national law provides for it , legal persons should also be held criminally liable for environmental criminal offences according to this directive. member states whose national law does not provide for the criminal liability of legal persons should ensure that their administrative sanctioning systems provide for effective , dissuasive and proportionate sanctions types and levels as laid down in this directive in order to achieve its objectives. financial situation of legal persons should be taken into account to ensure the dissuasiveness of the sanction imposed. ### (15) where national law provides for it , legal persons should also be held criminally liable for environmental criminal offences according to this directive. member states whose national law does not provide for the criminal liability of legal persons should ensure that their administrative sanctioning systems provide for effective , dissuasive and proportionate sanctions types and levels as laid down in this directive in order to achieve its objectives and that the criminal prosecution of natural person acting in the name of a legal entity is enabled. financial situation of legal persons should be taken into account to ensure the dissuasiveness of the sanction imposed.


### (15) where national law provides for it , legal persons should also be held criminally liable for environmental criminal offences according to this directive. member states whose national law does not provide for the criminal liability of legal persons should ensure that their administrative sanctioning systems provide for effective , dissuasive and proportionate sanctions types and levels as laid down in this directive in order to achieve its objectives. financial situation of legal persons should be taken into account to ensure the dissuasiveness of the sanction imposed. ### (15) where national law provides for it , legal persons should also be held criminally liable for environmental criminal offences according to this directive. member states whose national law does not provide for the criminal liability of legal persons should ensure that their administrative sanctioning systems provide for effective , dissuasive and proportionate sanctions types and levels with an equivalent effect as those laid down in this directive in order to achieve its objectives. financial situation of legal persons should be taken into account to ensure the dissuasiveness of the sanction imposed.


### (15) where national law provides for it , legal persons should also be held criminally liable for environmental criminal offences according to this directive. member states whose national law does not provide for the criminal liability of legal persons should ensure that their administrative sanctioning systems provide for effective , dissuasive and proportionate sanctions types and levels as laid down in this directive in order to achieve its objectives. financial situation of legal persons should be taken into account to ensure the dissuasiveness of the sanction imposed. ### (15) where national law provides for it , legal persons should also be held criminally liable for environmental criminal offences according to this directive. member states whose national law does not provide for the criminal liability of legal persons should ensure that their administrative sanctioning systems provide for effective , dissuasive and proportionate sanctions types and levels as laid down in this directive in order to achieve its objectives , and that the criminal prosecution of natural person acting in the name of a legal entity is enabled. financial situation of legal persons should also be taken into account to ensure the dissuasiveness of the sanction imposed.


### (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 , these should be taken into account when determining the appropriate level of sanctioning in the individual case. for the same purpose the extent of damage caused or likely caused should also be taken into account.


### (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. as the illegal profits , expenditure that can be generated or avoided and a competitive advantage gained 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.


### (17) where the crimes are of a continuing nature , they should be brought to an end as soon as possible. where offenders have made financial gains , such gains should be confiscated. ### (17) where the crimes are of a continuing nature , they should be brought to an end as soon as possible. where offenders have made financial gains , such gains should be confiscated. the directive also lays down the rules for the management of the confiscated gains.


### (19) member states should lay down rules concerning limitation periods necessary in order to enable them to counter environmental criminal offences effectively , without prejudice to national rules that do not set limitation periods for investigation , prosecution and enforcement. ### (19) member states should lay down rules concerning limitation periods necessary in order to enable them to counter environmental criminal offences effectively , without prejudice to national rules that do not set limitation periods for investigation , prosecution and enforcement. given the seriousness of the respective conduct , there should be no limitation period for the criminal offence of ecocide and for the criminal offence which has affected natural ecosystem established as a legal entity.


### (19) member states should lay down rules concerning limitation periods necessary in order to enable them to counter environmental criminal offences effectively , without prejudice to national rules that do not set limitation periods for investigation , prosecution and enforcement. ### (19) member states should lay down rules concerning limitation periods necessary in order to enable them to counter environmental criminal offences effectively , without prejudice to national rules that do not set limitation periods for investigation , prosecution and enforcement. given that some types of environmental crimes are detected long after they were comitted , the limitation periods should commence from the time of the detection of the offence.


### (19) member states should lay down rules concerning limitation periods necessary in order to enable them to counter environmental criminal offences effectively , without prejudice to national rules that do not set limitation periods for investigation , prosecution and enforcement. ### (19) member states should lay down rules concerning limitation periods necessary in order to enable them to counter environmental criminal offences effectively , without prejudice to national rules that do not set limitation periods for investigation , prosecution and enforcement. given the seriousness of the respective conduct , there should be no limitation period for the criminal offence of ecocide and for the criminal offence , which has affected natural ecosystem which is established as a legal entity.


### (22) furthermore , judicial and administrative authorities in the member states should have at their disposal a range of criminal sanctions and other measures to address different types of criminal behaviour in a tailored and effective manner. ### (22) furthermore , judicial and administrative authorities in the member states should have at their disposal a proper guidance , allowing for a range of criminal sanctions and other measures to address different types of criminal behaviour in a tailored and effective manner , with an adequate level of harmonisation at eu level to ensure effective cross-border cooperation , to prevent dual criminality and prevent that low enforcement and low penalties levels in a member state negatively affect the implementation of this directive.


### (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 and proceeds derived from their criminal activities , together with the complex cross-border nature of offences and the cross-border investigations required to combat such crimes , member states should establish jurisdiction in order to enable the competent authorities to investigate , prosecute and adjudicate 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 , member states should establish jurisdiction in order to enable the competent authorities to investigate and prosecute such activities , including where an offence is committed , by means of information and communication technology , from their territory , whether or not such technology is based in their territory. member states should also strengthen inter-agency cooperation between financial investigators and environmental crime agencies , to detect and pursue financial investigations into environmental crimes. this includes working with foreign counterparts to share information , facilitate prosecutions and recover assets that are moved and held abroad1a.


### (24) environmental criminal offences harm nature and society. by reporting breaches of union environmental law , people perform a service of public interest and play a key role in exposing and preventing such breaches , and thus safeguarding the welfare of society. individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. persons who report irregularities are known as whistleblowers. potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. such persons should benefit from balanced and effective whistleblowers protection set out under directive (eu) 2019/1937of the european parliament and of the council25 . ### (24) environmental criminal offences harm nature , economy and society. by reporting breaches of union environmental law , individuals and organisations perform a service of public interest and play a key role in exposing and preventing such breaches , and thus safeguarding the welfare of society. individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. persons who report irregularities are known as whistleblowers. potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. such persons should benefit from balanced and effective whistleblowers protection set out under directive (eu) 2019/1937of the european parliament and of the council25 .


### (24) environmental criminal offences harm nature and society. by reporting breaches of union environmental law , people perform a service of public interest and play a key role in exposing and preventing such breaches , and thus safeguarding the welfare of society. individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. persons who report irregularities are known as whistleblowers. potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. such persons should benefit from balanced and effective whistleblowers protection set out under directive (eu) 2019/1937of the european parliament and of the council25 . ### (24) environmental criminal offences harm nature and society. by reporting breaches of union environmental law , people and organisations , such as civil society organisations perform a service of public interest and play a key role in exposing and preventing such breaches , and thus safeguarding the environment and welfare of society. individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. persons who report irregularities are known as whistleblowers. potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. such persons , both natural and legal , should benefit from balanced and effective whistleblowers protection set out under directive (eu) 2019/1937 of the european parliament and of the council25 . environmental defenders are also on the frontline of the consequences of environmental crime and are very often subject to threaths , intimidation , violence or even murder. therefore they should also benefit from adequate and effective protection. whistleblowers as well as environmental defenders should also receive adequate protection from strategic lawsuits against public participation aiming to silence them.


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


### (30) to ensure an effective , integrated and coherent enforcement system that includes administrative , civil and criminal law measures , member states should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. following the applicable rules , member states should also cooperate through eu agencies , in particular eurojust and europol , as well as with eu bodies , including the european public prosecutor’s office (eppo) and the european anti-fraud office (olaf) , in their respective areas of competence. ### (30) to ensure an effective , integrated and coherent enforcement system that includes administrative , civil and criminal law measures , member states should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. following the applicable rules , member states should also cooperate through eu agencies , in particular eurojust and europol , as well as with eu bodies , including the european public prosecutor’s office (eppo) and the european anti-fraud office (olaf) , in their respective areas of competence. the review of directive 2017/1371 should introduce environmental crime to the list of criminal offenses covered by the directive. extension of the eppo’s mandate to cover environmental crimes in accordance with article 86(4) tfeu , is needed to effectively tackle these crimes in the eu.


### (30) to ensure an effective , integrated and coherent enforcement system that includes administrative , civil and criminal law measures , member states should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. following the applicable rules , member states should also cooperate through eu agencies , in particular eurojust and europol , as well as with eu bodies , including the european public prosecutor’s office (eppo) and the european anti-fraud office (olaf) , in their respective areas of competence. ### (30) to ensure an effective , integrated and coherent enforcement system that includes administrative , civil and criminal law measures , member states should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. member states should also ensure assistance , coordination and coperation at strategic and operational level between each other as well as with third countries. following the applicable rules , member states should also cooperate through eu agencies , in particular eurojust and europol , as well as with eu bodies , including the european public prosecutor’s office (eppo) and the european anti-fraud office (olaf) , in their respective areas of competence. the eppo , with its own powers and authority to coordinate investigations and prosecutions in cross-border cases , is currently best placed to combat the most serious environmental crimes , therefore an extention of its mandate is imminently necessary and the commission should present a report to this end , assessing the possibilities and modalities. the extension of the eppo´s mandate would ensure that those environmental crimes for which reinforcement of the criminal law response is unlikely to be achieved through traditional channels of judicial cooperation , are adequately addressed.


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


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


### this directive establishes minimum rules concerning the definition of criminal offences and sanctions in order to protect the environment more effectively. ### this directive establishes minimum rules on combatting environmental crime and on the definition of criminal offences and sanctions as well as on facilitating the work of and cooperation between law enforcement authorities in order to protect the environment more effectively.


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


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


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


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


### 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 at least with serious negligence:


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


### 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.


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


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


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


### fines; ### fines proportionate to the cost of restoration of the impacted area and to the financial advantage accrued by committing the offence;


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


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


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


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


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


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


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


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


### the offence was committed in the framework of a criminal organisation within the meaning of council framework decision 2008/841/jha56 ; ### the offence was committed in the framework of a criminal organisation within the meaning of council framework decision 2008/841/jha56 or was committed simultaneously with other criminal offence , including murder and intentional homicide;


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


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


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


### member states shall take appropriate action , such as information and awareness-raising campaigns and research and education programmes , to reduce overall environmental criminal offences , raise public awareness and reduce the risk of population of becoming a victim of an environmental criminal offence. where appropriate , member states shall act in cooperation with the relevant stakeholders. ### member states shall take appropriate action , such as information and awareness-raising campaigns , as well as events , 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 and also organize cross-border countries events to underline that environmental crime is an overall problem.


### 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 and the commission 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 detect , investigate , prosecute or adjudicate environmental offences have a sufficient number of qualified staff and sufficient financial , technical and technological resources necessary for the effective performance of their functions related to the implementation of this directive. ### member states shall ensure that national authorities which execute inspections , detect , investigate , prosecute or adjudicate environmental offences have a sufficient number of qualified staff and sufficient financial , technical and technological resources necessary for the effective performance of their functions related to the implementation of this directive.


### member states shall take the necessary measures to ensure that effective investigative tools , such as those which are used in organised crime or other serious crime cases , are also available for investigating or prosecuting offences referred to in articles 3 and 4. ### member states shall take the necessary measures to ensure that effective investigative tools , such as those which are used in organised crime or other serious crime cases , are also available for investigating or prosecuting offences referred to in articles 3 and 4. among other investigative tools , member states may use geospatial intelligence data alongside on-site data.


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


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


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


### (29) to ensure successful enforcement , member states should make available effective investigative tools for environmental offences such as those which exist in their national law for combating organised crime or other serious crimes. these tools should include among others the interception of communications , covert surveillance including electronic surveillance , controlled deliveries , the monitoring of bank accounts and other financial investigation tools. these tools should be applied in line with the principle of proportionality and in full respect of the charter of fundamental rights of the european union. in accordance with national law , the nature and gravity of the offences under investigation should justify the use of these investigative tools. the right to the protection of personal data must be respected. ### (29) to ensure successful enforcement , member states should make available effective investigative tools for environmental offences such as those which exist in their national law for combating organised crime , financial crime , cybercrime , corruption or other serious crimes. these tools should include among others the interception of communications , covert surveillance including electronic surveillance , controlled deliveries , the monitoring of bank accounts and other financial investigation tools as well as the use of an agent. these tools should be applied in line with the principle of proportionality and in full respect of the charter of fundamental rights of the european union. in accordance with national law , the nature and gravity of the offences under investigation should justify the use of these investigative tools. the right to the protection of personal data must be respected.


### a law , an administrative regulation of a member state or a decision taken by a competent authority of a member state that gives effect to the union legislation referred to in point (a). ### a law , an administrative regulation of a member state or a decision taken by a competent authority of a member state that gives effect to the union legislation referred to in point (a) or to the union´s strategic initiative in the field of environment.


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


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


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


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


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


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


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


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


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


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


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


### 1. highlights that persons with disabilities’ exercise of the right to work9 is closely linked to measures to tackle discrimination , poverty and obstacles in education , training , housing , care , personal mobility and the built environment; ### 1. highlights that persons with disabilities’ exercise of the right to work9 is closely linked to measures to tackle discrimination , poverty and obstacles in education , training , housing , care , personal mobility and the built environment; calls , in this regard , to unblock the horizontal anti-discrimination directive;


### a. whereas disability results from the interaction between persons who have long-term physical , mental , intellectual or sensory impairments and attitudinal and environmental barriers that hinder their full and effective participation in society on an equal basis with others; ### a. whereas disability results from the interaction between persons who have a long-term physical , intellectual or sensory incapacity and attitudinal and environmental barriers that hinder their full and effective participation in society on an equal basis with others;


### — having regard to the charter of fundamental rights of the european union , in particular articles 3 , 21 , 24 , 26 , 34 , 35 , 41 and 47 thereof , ### — having regard to the charter of fundamental rights of the european union , in particular articles 3 , 6 , 14 , 15 , 21 , 24 , 26 , 34 , 35 , 40 , 41 and 47 thereof ,


### 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


### 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; ### 2. stresses with concern that discriminatory practices continue to occur , based on grounds such as sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights;


### 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


### 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; ### 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;


### 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; ### 4. regrets the fact that that the safety of journalists is not universally guaranteed; underlines the importance of media pluralism and the need to protect journalists against threats and attacks in order to prevent self-censorship and to assure freedom of expression and the right to information and safeguard the journalistic profession; calls on the commission to improve the instruments for assessing measures taken by governments that may undermine freedom of information and pluralism;


### rule of law ### deleted


### rule of law ### rule of law and fundamental rights


### 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


### 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; ### 5. underlines that the rule of law is a cornerstone of democracy , maintains the separation of powers , ensures accountability , contributes to trust in public institutions and guarantees the principles of legality , legal certainty , prohibition of arbitrariness of the executive powers , judicial independence , impartiality , and equality before the law; stresses that the rule of law and judicial independence in particular are critical for citizens’ ability to enjoy their fundamental rights and freedoms;


### 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; ### 5. highlights the rule of law backsliding in many member states over different periods and by different levels of authority , from the executive level through procedures such as fast-tracking laws in periods of state emergencies , to the local level such as pervasive abuse by policing authorities;


### right to congregate , free movement and freedom of conscience ### deleted


### right to congregate , free movement and freedom of conscience ### situation and fundamental rights violations at the eu’s external borders


### right to congregate , free movement and freedom of conscience ### rights of minorities and vulnerable groups


### 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


### 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; ### 6. condemns push backs and violence against migrants and asylum seekers at the external borders; calls on the commission and the member states to set up a fully-fledged fundamental rights monitoring system at the external borders; calls on the commission to start infringement procedures where there are indications of push backs and violence; calls on frontex to suspend all operations in member states where such instances take place and to provide full transparency and accountability of its operational activities;


### 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


### freedom of expression ### deleted


### freedom of expression ### rights of minorities and vulnerable groups


### freedom of expression ### combatting hate crime and hate speech


### 9. reiterates that freedom of speech is a fundamental right , vital for the development of a pluralistic and democratic society; emphasises that any restriction to the online or offline exercise of this freedom , such as the removal of content , must be exceptional , prescribed by law and justified by the pursuit of a legitimate aim , in accordance with article 11 of the charter of fundamental rights of the european union and article 10 of the european convention on human rights; ### deleted


### 9. reiterates that freedom of speech is a fundamental right , vital for the development of a pluralistic and democratic society; emphasises that any restriction to the online or offline exercise of this freedom , such as the removal of content , must be exceptional , prescribed by law and justified by the pursuit of a legitimate aim , in accordance with article 11 of the charter of fundamental rights of the european union and article 10 of the european convention on human rights; ### 9. deplores the fact that a significant number of roma people in the eu still live in marginalised settlements in extremely precarious conditions and in very poor socio-economic circumstances , often lacking access to clean drinking water , electricity , safe and adequate housing , education , employment , healthcare , sewage facilities and waste collection; recalls that the situation in roma settlements is in clear violation of human rights and fundamental rights and has serious ramifications , especially for roma children; urges the member states to follow the council recommendation on roma equality , inclusion and participation as well as the eu roma strategic framework on equality , inclusion and participation for 2020 - 2030 and to make full use of eu and national funding towards this end; calls on the commission to intensify the monitoring of member states’ progress and take further steps accordingly;


### 10. is concerned about the use of the vague notion of ‘hate speech’; calls on the commission and the member states to work , in cooperation with internet companies , to provide adequate safeguards , in particular to ensure that any interference is limited to what is necessary and proportionate , and to include the possibility of judicial redress; ### deleted


### 10. is concerned about the use of the vague notion of ‘hate speech’; calls on the commission and the member states to work , in cooperation with internet companies , to provide adequate safeguards , in particular to ensure that any interference is limited to what is necessary and proportionate , and to include the possibility of judicial redress; ### 10. calls on the member states to ensure proper involvement of social-legal protection bodies regarding children and social guardianship in marginalised roma communities in order to ensure that children receive the protection and care necessary for their well-being and development , while respecting their best interests and to put in place procedures tailored to the different needs of marginalised roma communities in order to carry out their duties in the same way as for children from the majority population;