Proposal for a Directive of the European Parliament and of the Council on the protection of the environment through criminal law

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1.

Tekst

COUNCIL OF THE EUROPEAN UNION

Interinstitutional File: 2007/0022 (COD)

Brussels, 18 April 2008

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DROIPEN 35

ENV 225 CODEC 453

REPORT

from to:

No. prev. doc.: No. Cion prop.:

Subject:

the Working Party on Substantive Criminal Law Permanent Representatives Committee (Part II)

8408/08 DROIPEN 36 ENV 230 CODEC 464

6297/07 DROIPEN 10 ENV 95 SAN 20 CONSOM 7 CODEC 113

+ ADD 1 + ADD 2 COM(2007) 51 final

Proposal for a Directive of the European Parliament and of the Council on the protection of the environment through criminal law

I. INTRODUCTION

On 9 February 2007 the Commission submitted to the Council a proposal for a Directive of the European Parliament and of the Council on the protection of the environment through criminal law.

The European Parliament voted on a draft opinion in its Committee on Legal Affairs (JURI) on 8 April 2008 and will be delivering its opinion on 19-21 May 2008.

The Economic and Social Committee delivered its opinion on 26 February 2007.

UK, DK and CZ delegations entered parliamentary scrutiny reservations.

The Working Party on Substantive Criminal Law started the examination of this proposal under German Presidency. Under Slovenian Presidency the Working Party met 6 times, once at COREPER (Part II) level (on 5.3.08 ) and once at Article 36 Committee level (on 2.4.08).

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The discussions have been from a general point of view positive and the Working Party on Substantive Criminal Law has reached consensus on almost all Articles of the proposed Directive, its Preamble and the Annexes I and II to be attached to the body of the proposed instrument.

However, one issue, namely the drafting of the offence with regard to the significant deterioration of a protected habitat (Article 3 (h)) raises still some questions. Another question which also needs more reflection is the inclusion or deletion of some legal instruments in the Annexes.

II. OUTSTANDING ISSUES

During the discussions in the Working Party, the DE and DK delegations, advocating a more narrow description of the offence provided for in Article 3 (h), presented alternative drafting proposals for the above mentioned provision and entered scrutiny reservations.1

Furthermore, the DE, HU, CY and CZ delegations entered scrutiny reservations with regard to the

inclusion or deletion of some legal instruments in the Annexes to be attached to the proposed Directive.2

III. OTHER ISSUES

European Parliament Amendments

The outcome of the vote of the European Parliament on a draft opinion in its Committee on Legal Affairs (JURI) is set out in the Annex to this Note in column 2. Modifications/additions with regard to the text as it arose from the discussions in the Council's Working Party on Substantive Criminal Law are set out in bold. The outcome of the examination of these amendments in the Working Party on Substantive Criminal Law is set out in bold and underlined in the Annex to this Note in column 3. The text preconised by the Working Party is set out in italics.

It has to be noted that the JURI Committee did not take any position on recitals 9 and 10 as well as on Article 6 of the proposed Directive.

IV. CONCLUSION

The Permanent Representatives Committee is invited

  • • 
    to examine the issues still raising questions as well as the outcome of the examination by the Working Party on Substantive Criminal Law of the amendments voted on 8 April 2008, in the Committee for Legal Affairs of the European Parliament, with a view to giving the Presidency a mandate to negotiate with the European Parliament a first reading agreement on the proposed Directive, on the basis of the text as it arose from the discussions in the Council's Working Party and set out in the Annex,

Doc. 8408/08 DROIPEN 36 ENV 230 CODEC 464. Doc. 8408/08 DROIPEN 36 ENV 230 CODEC 464.

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to allow the Working Party on Substantive Criminal Law to continue the negotiations on the basis of this mandate until finalisation of an agreed text of the proposed Directive, without referring to the Permanent Representatives Committee with regard to modifications of this mandate that would eventually arise in the course of the negotiations.

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ANNEX

Subject :

Proposal for a directive of the European Parliament and of the Council on the protection of the environment through criminal law (KOM(2007)0051 – C6-0063/2007 – 2007/0022(COD))

 

Commission's proposal

Adopted amendments in follow-up to the

Outcome of the examination of EP's
 

vote of the European Parliament in its

amendments by the DROIPEN in
 

JURI Committee on 8 April 2008.

follow-up to its meeting on 10/11 April 2008

THE EUROPEAN PARLIAMENT AND

The European Parliament,

THE EUROPEAN PARLIAMENT AND

THE COUNCIL OF THE EUROPEAN

– having regard to the Commission

THE COUNCIL OF THE EUROPEAN

UNION,

proposal to the European Parliament and

UNION,

Having regard to the Treaty establishing the

the Council (COM(2007)0051),

Having regard to the Treaty establishing the

European Community, and in particular

  

European Community, and in particular

Article 175(1) thereof,

– having regard to Articles 251(2) and

Article 175(1) thereof,

Having regard to the proposal from the

175(1) of the EC Treaty, pursuant to

Having regard to the proposal from the

Commission1,

which the Commission submitted the

Commission,

Having regard to the opinion of the

proposal to Parliament (C6-0063/2007),

Having regard to the opinion of the

European Economic and Social

  

European Economic and Social Committee,

Committee2,

– having regard to Rule 51 of its Rules of

  

Having regard to the opinion of the

Procedure,

  

Committee of the Regions3,

– having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on the Environment, Public Health and Food Safety and the Committee on Civil Liberties, Justice and Home Affairs

  

OJ C OJ C OJ C

  • p. 
    p. p.

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EN

 
 

(A6-0154/2008),

  • 1. 
    Approves the Commission proposal as amended;
  • 2. 
    Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;
  • 3. 
    Instructs its President to forward its position to the Council and the Commission.
  

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Commission's proposal

Acting in accordance with the procedure laid down in Article 251 of the Treaty1, Whereas:

(1)         According to Article 174(2) of the Treaty, Community policy on the environment must aim at a high level of protection.

(2)         The Community is concerned at the rise in environmental offences and their effects, which are increasingly extending beyond the borders of the States in which the offences are committed. Such offences pose a threat to the environment and therefore call for an appropriate response.

(3)         Experience has shown that the existing systems of sanctions have not been sufficient to achieve complete compliance with laws for the protection of the environment. Such compliance can and should be strengthened by the application of criminal sanctions, which demonstrate a social disapproval of a qualitatively different nature compared to administrative sanctions or a compensation mechanism under civil law.

Having regard to the opinion of the

Committee of the Regions,

Acting in accordance with the procedure

laid down in Article 251 of the Treaty,

Whereas:

(1)         According to Article 174(2) of the Treaty, Community policy on the environment must aim at a high level of protection.

(2)         The Community is concerned at the rise in environmental offences and their effects, which are increasingly extending beyond the borders of the States in which the offences are committed. Such offences pose a threat to the environment and therefore call for an appropriate response.

(3)         Experience has shown that the existing systems of sanctions have not been sufficient to achieve complete compliance with laws for the protection of the environment. Such compliance can and should be strengthened by the availability of criminal penalties, which demonstrate a social disapproval of a qualitatively different nature compared to administrative sanctions or a compensation mechanism under civil law.

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6

 

(4)

Common rules on criminal sanctions make it possible to use more effective methods of investigation and assistance within and between Member States than are available under administrative

  

(4)

Common rules on criminal offences make it possible to use effective methods of investigation and assistance within and between Member States.
 

co-operation.

Amendment 1

AM rejected
   

Recital 4a (new)

    
   

(4a) It is clear that the success of efforts to

    
   

tackle environmental crime in a cross-

    
   

border context will depend on an

    
   

appropriate role for bodies coordinating

    
   

international pre-trial proceedings

    
   

(Europol, Eurojust, joint investigation

    
   

teams) and greater effectiveness of those

    
   

bodies in terms of competences and

    
   

organisation.

    

(5)

By entrusting judicial authorities, rather than administrative authorities, with the task of imposing sanctions, responsibility for investigating and enforcing the respect of environmental regulations falls to authorities which are independent of those which grant exploitation licences and discharge authorisations.

Amendment 2 Recital 5 deleted

Amendment 3

(5)

deleted
   

Recital 6

CP

maintained.

(6)

In order to achieve effective

(6) In order to achieve effective protection

(6)

In order to achieve effective
 

protection of the environment,

of the environment, there is a particular

  

protection of the environment,
 

there is a particular need for more

need for more dissuasive sanctions for

  

there is a particular need for
 

dissuasive sanctions for

environmentally harmful activities, which

  

dissuasive sanctions for
 

environmentally harmful

typically cause or are likely to cause

  

environmentally harmful
 

activities, which typically cause or

substantial damage to the landscape, the

  

activities, which typically cause or

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are likely to cause substantial damage to the air, including the stratosphere, soil, water, animals or plants, including to the conservation of species.

(7) Failure to comply with a legal duty to act can have the same effect as active behaviour and should therefore be subject to corresponding sanctions, as well.

(8) Therefore, such conduct should be considered a criminal offence throughout the Community when committed intentionally or with serious negligence.

air, including the stratosphere, bedrock, soil, water, animals or plants, including to the conservation of species.

Amendment 4 Recital 6A (new)

(6a) The legislation listed in the Annex to this Directive contains provisions which should be subject to measures which relate to criminal law, in order to ensure that the rules on environmental protection are fully effective.

Amendment 5 Recital 6b (new)

(6b) The obligations imposed by this Directive relate only to the provisions of the legislation listed in the Annex hereto which entail an obligation for Member States, when implementing that legislation, to provide for prohibitive measures.

are likely to cause substantial damage to the air, including the stratosphere, soil, water, animals or plants, including to the conservation of species.

CP maintained

(6a) The legislation listed in the Annexes to this Directive contain provisions, which should be subject to measures which relate to criminal law in order to ensure that the rules on environmental protection are fully effective.

CP maintained.

(6b) The obligations under this Directive only relate to the provisions of the legislation listed in the Annexes to this Directive which entail an obligation for Member           States,           when

implementing that legislation, to provide for prohibitive measures.

CP maintained

(7)         Failure to comply with a legal duty to act can have the same effect as active behaviour and should therefore be subject to corresponding sanctions, as well.

CP maintained

(8)         Therefore, such conduct should be considered a criminal offence throughout the Community when committed intentionally or with serious negligence.

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(9)

In order to achieve effective

  

(9)

deleted
 

protection of the environment,

  
 

participation in and instigation of

      
 

such activities should also be

      
 

considered a criminal offence.

Amendment 6 Recital 9 (new)

    
   

(9a) This Directive obliges the Member

CP maintained
   

States to include in their national

(9a)

This Directive obliges Member
   

legislation criminal sanctions for serious

  

States to provide for criminal
   

violations of Community environmental

  

penalties in their national
   

protection law. It does not create

  

legislation for serious
   

obligations with regard to the

  

infringements of provisions of
   

implementation of such sanctions or of

  

Community law on the protection
   

other available legal instruments in

  

of the environment. This Directive
   

individual cases.

(9b)

creates no obligations regarding the application of such penalties or any other available system of law enforcement, in individual cases.

deleted

(10)

Environmentally harmful activities

      
 

should be punishable by effective,

  

(10)

deleted
 

proportionate and dissuasive

      
 

criminal sanctions, which should

      
 

also apply to legal persons

      
 

throughout the Community,

      
 

because environmental offences

      
 

are committed, to a large extent, in

      
 

the interest of legal persons or for

      
 

their benefit.

      

(11)

Furthermore, the significant

Amendment 7

    
 

differences in the level of

Recital 11

CP mantained
 

sanctions in the Member States

deleted

(11)

deleted
 

make it necessary to foresee, under

      

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certain circumstances, an

    

approximation of those levels

    

corresponding to the seriousness

    

of the offence.

    

(12) Such an approximation is

Amendment 8

CP maintained

particularly important where the

Recital 12

(12) deleted

offences have serious results or the

deleted

  

offences are committed in the

    

framework of criminal

    

organisations which play a

    

significant role in environmental

    

crime.

    
 

Amendment 9

AM rejected
 

Recital 12a (new)

  
 

(12a) Where a continuing activity proves

  
 

after a lapse of time to give rise to

  
 

environmental damage which may in turn

  
 

give rise to criminal liability under this

  
 

Directive, the question whether or not the

  
 

perpetrator of the damage acted

  
 

intentionally or negligently should be

  
 

determined by reference to the time when

  
 

the perpetrator became aware, or should

  
 

have been aware, of the facts constituting

  
 

the offence and not to the time when the

  
 

perpetrator commenced its activity. It

  
 

should be borne in mind in this

  
 

connection that the prior grant of an

  
 

authorisation, licence or concession

  
 

should not constitute a defence in such

  
 

circumstances.

  

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Amendment 10

  
 

Recital 12 b (new)

AM rejected
 

(12b) The mental element for the criminal

  
 

offences to be created by the Member

  
 

States pursuant to this Directive should be

  
 

intention or at least serious negligence.

  
 

Accordingly, the prosecuting authorities

  
 

and the courts in the Member States

  
 

should have a discretion not to prosecute

  
 

for offences concerning protected wild

  
 

fauna and flora species, or parts or

  
 

derivatives thereof, where the conduct

  
 

complained of concerns a negligible

  
 

quantity of specimens and has a negligible

  
 

impact on the conservation status of the

  
 

species concerned and where the person

  
 

or persons concerned were unaware of the

  
 

protected status of the wild fauna or flora

  
 

concerned.

  
 

Amendment 11

  

(13) As this Directive provides for

Recital 13

CP maintained.

minimum rules, Member States

deleted

(13) As this Directive provides for

are free to adopt or maintain more

  

minimum rules, Member States

stringent provisions regarding the

  

are free to adopt or maintain more

effective criminal law protection

  

stringent measures regarding the

of the environment.

Amendment 12

effective criminal law protection of the environment. These measures must be compatible with the TEC.
 

Recital 13a) (new)

CP maintained
 

(13a) The Euratom Treaty and the

(13 a) deleted
 

secondary legislation enacted pursuant

  
 

thereto regulate environmental protection

  
 

with regard to nuclear activity. As a result,

  
 

the unlawfulness of actions which affect

  
 

the environment as a result of nuclear

  

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activities can be defined only by reference

  
 

to the Euratom Treaty and the secondary

  
 

legislation enacted pursuant thereto.

(13b) In accordance with point 34 of the Inter-institutional Agreement on better law-making Member States should draw-up, for themselves and in the interest of the Community, their own tables, illustrating, as far as possible, the correlation between this Directive and the transposition measures and

(14) Member States should provide

  

make them public.

information to the Commission on

  

(14) Member States should provide

the implementation of this

  

information to the Commission on

Directive, in order to enable it to

  

the implementation of this

evaluate the effect of this

  

Directive, in order to enable it to

Directive.

Amendment 13

evaluate the effect of this Directive.
 

Recital 15

AM acceptable

(15) Since the objectives of the action

(15) Since the objectives of the action to be

(15) Since the objectives of the action

to be taken, namely to ensure a

taken, namely to ensure a more effective

to be taken, namely to ensure a

more effective protection of the

protection of the environment, for example

more effective protection of the

environment, cannot be

by combating large-scale organised crime

environment, cannot be

sufficiently achieved by the

which causes serious environmental

sufficiently achieved by the

Member States and can therefore

damage, cannot be sufficiently achieved by

Member States and can therefore

be better achieved at Community

the Member States and can therefore be

be better achieved at Community

level, the Community may adopt

better achieved at Community level, the

level, the Community may adopt

measures, in accordance with the

Community may adopt measures, in

measures, in accordance with the

principle of subsidiarity as set out

accordance with the principle of

principle of subsidiarity as set out

in Article 5 of the Treaty. In

subsidiarity as set out in Article 5 of the

in Article 5 of the Treaty. In

accordance with the principle of

Treaty. In accordance with the principle of

accordance with the principle of

proportionality, as set out in that

proportionality, as set out in that Article,

proportionality, as set out in that

Article, this Directive does not go

this Directive does not go beyond what is

Article, this Directive does not go

beyond what is necessary in order

necessary in order to achieve those

beyond what is necessary in order

to achieve those objectives.

objectives.

to achieve those objectives.

(16) This act respects fundamental

  

(16) This act respects fundamental

rights and principles as recognised

  

rights and principles as recognised

notably in the Charter of

  

notably in the Charter of

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fundamental rights of the European Union.

HAVE ADOPTED THIS DIRECTIVE:

Article 1 Subject matter This Directive establishes measures relating to criminal law in order to protect the environment more effectively

Amendment 14 Article 1

This Directive establishes measures relating to criminal law in order to protect the environment more effectively. It concerns criminal liability only and is without prejudice to Community or national law, and to any rules derived therefrom, with respect to civil liability for environmental harm.

Fundamental rights of the European Union. HAVE ADOPTED THIS DIRECTIVE

CP maintained Article 1 Subject matter

This Directive establishes measures relating to criminal law in order to protect the environment more effectively.

Art. 2: Definitions

Art. 2 Definitions

Article 2: Definitions

For the purpose of this Directive

  

For the purpose of this Directive

(a) "unlawful" means infringing Community legislation or a law, an administrative regulation or a decision taken by a competent authority in a Member State aiming at the protection of the environment.

Amendment 15

Article 2(a)

(a) “unlawful” means infringing a Community act listed in Annex A hereto or a law, an administrative regulation or a decision taken by a competent authority in a Member State intended to transpose Community legislation.

As regards activities covered by the Euratom Treaty, it means infringing any Community act listed in Annex B hereto;

CP maintained

(a) "unlawful" means infringing

(i) the legislation adopted on the basis of the Treaty establishing the European Community set out in Annex A , or (ii) with regard to activities covered by EURATOM Treaty, the legislation adopted on the basis of the EURATOM Treaty set out in Annex B, or

(iii) 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 Community legislation referred to in (i) or (ii)

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Amendment 16

  
 

Article 2 (aa) (new)

AM conditionally acceptable
 

(aa) "protected wild fauna and flora

(b) "protected wild fauna and flora
 

species" means:

species" are
 

(i) for the offence referred to in Article 3(g), those listed in:
  • 1) 
    for the purposes of Article 3(f) those listed in
 

– Annex IV to Council Directive
  • - 
    Annex IV of Council
 

92/43/EEC of 21 May 1992 on the

Directive 92/43/EEC of
 

conservation of natural habitats and wild

21 May 1992 on the
 

fauna and flora1;

conservation of natural
 

– Annex 1 to, and referred to in Article

habitats and wild fauna

and flora; - Annex 1 and referred to in Article 4(2) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild
 

4(2) of, Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds2; and
 

(ii) for the trade-related offence referred

birds and
 

to in Article 3(ga), those listed in:
  • 2) 
    for the purposes of Article 3 (g)
 

– Annexes A or B to Council Regulation (EC) No 338/97 of 9 December 1996 on

those listed in

  • - 
    Annexes A or B to Council Regulation
 

the protection of species of wild fauna and
 

flora by regulating trade therein3;

December 1996 on the protection of species of
 

1 OJ L 206, 22.7.1992, p. 7. Directive as

wild fauna and flora, by
 

last amended by Directive 2006/105/EC

regulating trade therein.
 

(OJ L 363, 20.12.2006, p. 368).

  
 

2 OJ L 103, 25.4.1979, p. 1. Directive as

  
 

last amended by Directive 2006/105/EC

  
 

(JO L 363, 20.12.2006, p. 368).

  
 

3 OJ L 61, 3.3.1997, p. 1. Regulation as

  
 

last amended by Commission

  
 

Regulation (EC) No 1332/2005 (OJ L

  

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215, 19.8.2005, p. 1).

  
 

Amendment 17 Article 2 (ab) (new) (ab) "habitat within a protected site", means any habitat of species for which an area is classified as a special protection area pursuant to Article 4(1) or (2) of Directive 79/409/EEC, or any natural habitat or a habitat of species for which a site is designated as a special area of conservation pursuant to Article 4(4) of Directive 92/43/EEC

AM acceptable

(c) "habitat within a protected site", means any habitat of species for which an area is classified as a special protection area pursuant to Article 4(1) or (2) of Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, or any natural habitat or a habitat of species for which a site is designated as a special area of conservation pursuant to Article 4(4) of Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.

(b) “legal person” means any legal entity having such status under the applicable national law, except for States or other public bodies acting in the exercise of their sovereign rights and for public international organisations.

Amendment 18

Article 2 (b)

(Does not affect English version.)

Amendment 19 Article 2 (b)

(b) “legal person” means any legal entity having such status under the applicable national law, except for States or any other public bodies acting in the exercise of their prerogative of public power, as well as public international organisations.

CP maintained

(d) "legal person" means any legal

entity having such status under the

applicable national law, except for States or

public bodies in the exercise of State

authority and for public international

organisations.

Art. 3: Offences

Art . 3 Offences

Article 3: Offences

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Member States shall ensure that the following conduct constitutes a criminal offence, when committed intentionally or with at least serious negligence:

Amendment 20

Article 3 (chapeau)

Member States shall ensure that the

following conduct constitutes a criminal

offence, when unlawful and committed

intentionally or with at least serious

negligence:

CP maintained

Member States shall ensure that the

following conduct constitutes a criminal

offence, when unlawful and committed

intentionally or with at least serious

negligence

(a) the discharge, emission or introduction of a quantity of materials or ionising radiation into air, soil or water, which causes death or serious injury to any person;

Amendment 21 Article 3 (a)

deleted

CP maintained (a) deleted

(b) the unlawful discharge, emission or introduction of a quantity of materials 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, soil, water, animals or plants;

Amendment 22 Article 3 (b)

(b) the discharge, emission or introduction of a quantity of materials or ionising radiation onto the Earth's surface, or into air, bedrock, 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, soil, rock or water or to animals or plants;

AM conditionally acceptable

(a) the discharge, emission or introduction of a quantity of materials 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, the quality of water or to animals or plants;

(c) the unlawful treatment, including disposal and storage, transport, export or import of waste, including hazardous waste, which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, soil, water, animals or plants;

Amendment 23 Article 3 (c)

(c) the collection, transport, recovery and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as a dealer or broker (waste management), which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, soil, rock or water or to animals or plants;

AM conditionally acceptable

  • b) 
    the management of waste or the abandonment, dumping or uncontrolled management of waste, including hazardous waste 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, the quality of water, or to animals or plants.
 

Amendment 24 Article 3(d)

AM conditionally acceptable

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(d) the unlawful operation of a plant in which a dangerous activity is carried out or in which dangerous substances or preparations are stored or used and which, outside the plant, causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, soil, water, animals or plants;

(d) the operation of a plant in which a dangerous activity is carried out or in which dangerous substances or preparations are stored or used and which, outside the plant, causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, soil, or rock water or to animals or plants;

(d) the operation of a plant in which a dangerous activity is carried out or in which dangerous substances or preparations are stored or used and which, outside the plant 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, the quality of water, or to animals or plants;

(e) the illegal shipment of waste as defined in Article 2(35) of Regulation (EC) No 1013/2006 of the European Parliament and Council for profit and in a non-negligible quantity, whether the shipment is executed in a single operation or in several operations which appear to be linked;

Amendment 25

Article 3(e)

(e) the shipment of waste, where this

activity falls under Article 2(35) of

Regulation (EC) No 1013/2006 of the

European Parliament and of the Council for

profit and in a non-negligible quantity;

AM conditionally acceptable

(c) The shipment of waste, where this activity falls within the scope of Article 2 (35) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council and is undertaken in a non-negligible quantity, whether executed in a single shipment or in several shipments which appear to be linked.

(f) the unlawful manufacture, treatment, storage, use, transport, export or import of nuclear materials or other hazardous radioactive substances which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, soil, water, animals or plants;

Amendment 26 Article 3(f)

(f) the manufacture, treatment, storage, use, transport, sale and distribution and export or import of nuclear materials or other hazardous radioactive substances which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, bedrock, soil or water or to animals or plants;

AM conditionally acceptable

(e) the manufacture, treatment, storage and disposal , use, transport, export or import of nuclear materials, other hazardous radioactive substances 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, the quality of water, or to animals or plants

(g) the unlawful possession, taking, damaging, killing or trading of or in specimens of protected wild fauna and flora

Amendment 27 Article " (g)

(g) the possession, taking, damaging, processing or killing of specimens of protected wild fauna and flora species or parts or derivatives thereof and the killing

CP maintained

(f)The killing, destruction , possession and taking of specimens of protected wild fauna or flora species, except for cases when the conduct concerns a negligible quantity of

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species or parts or derivatives thereof;

or destruction of such specimens, except in cases where the conduct concerns a negligible quantity of those specimens and has a negligible impact on the conservation status of the species;

such specimens and has a negligible impact on the conservation status of the species.
 

Amendment 28 Article 3 (ga) (new)

(ga) trading in specimens of protected wild fauna and flora species or parts or derivatives thereof, except in cases where the conduct concerns a negligible quantity of those specimens and has a negligible impact on the conservation status of the species;

CP maintained

(g) Trading in specimens of protected wild fauna and flora species or parts or derivatives thereof, except for cases when the conduct concerns a negligible quantity of these specimens and has a negligible impact on the conservation status of the species.

(h) the unlawful significant deterioration of a protected habitat;

Amendment 29 Article 3(ha)(new) (ha) the significant deterioration of a habitat within a protected site through building work, stone clearance, deforestation, grubbing and planting work, and arson or any comparable serious acts;

CP maintained

(h) Any conduct which causes the significant deterioration of a habitat within a protected site.

(i) the unlawful trade in or use of ozone-depleting substances.

Amendment 30 Article "(i)

(i) trade in, or the manufacture, placing on the market, distribution or use of, ozone-depleting substances.

AM conditionally acceptable

(i) Trading in or production, marketing or use of ozone-depleting substances.

Art. 4 Participation and instigation

Article. 4

Instigation and aiding and abetting

Article 4: Inciting, aiding and abetting

Member States shall ensure that participation in or instigation of the conduct referred to in Article 3 constitutes

Amendment 31

Article 4

Member States shall ensure that instigation

of, and aiding and abetting, the

intentional conduct referred to in Article 3

CP maintained

Member States shall ensure that inciting, aiding and abetting the intentional conduct referred to in Article 3 and 3a is punishable

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a criminal offence.

are made punishable offences.

as a criminal offence.

Art. 5 Sanctions

  

Article 5: Penalties
 

Amendment 32

  
 

Article 5

CP maintained
  • 1. 
    Member States shall ensure that the

Each Member State shall take the steps

Each Member State shall take the necessary

commission of the offences referred to in

required to ensure that the commission of

measures to ensure that the offences

Articles 3 and 4 is punishable by effective,

the offences referred to in Articles 3 and 4

referred to in Articles 3, 3a and 4 are

proportionate and dissuasive criminal

is punishable by effective, proportionate

punishable by effective, proportionate and

sanctions.

and dissuasive criminal sanctions.

dissuasive criminal penalties.
  • 2. 
    Member States shall ensure that the
    

commission of the offences referred to in

    

Article 3 (b) to (h) is punishable by a

    

maximum of at least between one and three

    

years imprisonment where the offence is

    

committed with serious negligence and

    

causes substantial damage to air, soil,

    

water, animals or plants.

    
  • 3. 
    Member States shall ensure that the
    

commission of the following offences is

    

punishable by a maximum of at least

    

between two and five years imprisonment:

    

(a) the offence referred to in

    

Article 3(a), where the

    

offence is committed with

    

serious negligence;

    

(b) the offences referred to in

    

Article 3 (b) to (f), where

    

the offence is committed

    

with serious negligence

    

and causes the death of or

    

serious injury to a person;

    

(c) the offences referred to in

    

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Article 3 (b) to (h) where the offence is committed intentionally and causes substantial damage to air, soil, water, animals or plants;

(d) the offences referred to in Article 3, where the offence is committed in the framework of a criminal organisation within the meaning of Framework Decision [… on the fight against organised crime].

  • 4. 
    Member States shall ensure that the commission of the following offences is punishable by a maximum of at least between five and ten years imprisonment:

(a)      the offence referred to in Article 3 (a), where the offence is committed intentionally;

(b)      the offences referred to in Article 3 (b) to (f) where the offence is committed intentionally and causes the death of or serious injury to a person.

  • 5. 
    The criminal sanctions provided for in this article may be accompanied by other sanctions or measures, in particular:

(a) the disqualification of a natural person from engaging in an activity

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requiring official authorization or approval, or founding, managing or directing a company or a foundation, where the facts having led to his conviction show a high risk that the same kind of criminal activity may be pursued again;

(b)      the publication of the judicial decision relating to the conviction or any sanctions or measures applied;

(c)      the obligation to reinstate the environment.

    

Art. 6: Liability of legal persons

Art. 6

Article 6: Liability of legal persons
  • 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, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on

(a)      a power of representation of the legal person, or

(b)      an authority to take decisions on behalf of the legal person, or

(c)      an authority to exercise

  
  • 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 an person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on

(a) a power of representation of the legal person, or

(b) an authority to take decisions on behalf of the legal person, or

(c) an authority to exercise

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control within the legal person.

Member States shall also ensure that legal persons can be held liable for their involvement as accessories or instigators in the commission of the offences referred to in Article 3.

  

control within the legal person.
  • 2. 
    Member States shall also ensure that a legal person can be held liable where the lack of supervision or control, by a person referred to in paragraph 1, has made possible the commission of an offence referred to in Articles 3 for the benefit of that legal person by a person under its authority.
  • 2. 
    Member States shall also ensure that a legal person can be held liable where the
  • 2. 
    Member States shall also ensure that a legal person can be held liable where th lack of supervision or control, by a person referred to in paragraph 1, has made possible the commission of an offence referred to in Articles 3 and 4 for the benefit of that legal person by a person under its authority.
  • 3. 
    Liability of a legal person under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, instigators or accessories in the offences referred to in Article 3.
  
  • 3. 
    Liability of a legal person under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, instigators or accessories in the offences referred to in Article 3.

Art. 7 Sanctions for legal persons

  

Article 7: Penalties for legal persons
  • 1. 
    Member States shall ensure that a legal person held liable for an offence pursuant to Article 6 is punishable by effective, proportionate and dissuasive sanctions, which shall include criminal or non-criminal fines.
  • 2. 
    The fines provided for in paragraph 1

shall be:

(a) of a maximum of at least

Amendment 33

Article 7

Member States shall take the steps

required to ensure that a legal person held

liable for an offence pursuant to Article 6 is

punishable by effective, proportionate and

dissuasive sanctions.

CP maintained

Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6 is punishable by effective, proportionate and dissuasive penalties.

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between EUR 300 000 and EUR 500 000 in cases where an offence referred to in Article 3 (b) to (h) is committed with serious negligence and causes substantial damage to air, soil, water, animals or plants.

(b) of a maximum of at least between EUR 500 000 and EUR 750 000 in cases where:

  • i) 
    the offence referred to in Article 3 (a) is committed with serious negligence,

(ii) an offence referred to in Article 3 (b) to (h):

  • - 
    is committed with serious negligence and causes the death or serious injury of a person, or
  • - 
    is committed intentionall

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or

y          and

causes substantial damage to air, soil or water or to animal or plants, or

(iii) an offence referred to in Article 3 is committed intentionally in the framework of a criminal organisation within the meaning of Framework Decision [… on the fight against organised crime];

(c) of a maximum of at least between EUR 750 000 and EUR 1 500 000 in cases where:

(i) an offence referred to in Article 3 (a) is committed intentionally, or

(ii) an offence referred to in Article 3 (b) to (f) is committed intentionally and causes the death or serious injury of a

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person.

Member States may apply a system whereby the fine is proportionate to the turnover of the legal person, to the financial advantage achieved or envisaged by the commission of the offence, or to any other value indicating the financial situation of the legal person, provided that such system allows for maximum fines, which are at least equivalent to the minimum for the maximum fines. Member States that implement the Directive in accordance with such a system shall notify the Commission that they intend to do so.

  • 3. 
    Member States in which the Euro has not been adopted shall apply the exchange rate between the Euro and their currency as published in the Official Journal of the European Union on […].
  • 4. 
    The sanctions provided for in this article may be accompanied by other sanctions or measures, in particular:

(a)      the obligation to reinstate the environment;

(b)      the exclusion from entitlement to public benefits or aid;

(c)      the temporary or permanent

disqualification from the practice of industrial or commercial activities;

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(d)      the placing under judicial supervision;

(e)      a judicial winding-up order;

(f)       the obligation to adopt specific measures in order to eliminate the consequences of conduct such as that on which the criminal liability was founded;

(g) the publication of the judicial decision relating to the conviction or any sanctions or measures applied.

    

Art. 8: Reporting

  

Article 8: Reporting

By … at the latest, and every three years thereafter, Member States shall transmit information to the Commission on the implementation of this Directive in the form of a report. On the basis of those reports, the Commission shall submit a report to the European Parliament and the Council.

Amendment 34 Article 8 deleted

CP maintained deleted
 

Amendment 35 Article 8a (new)

Adoption of new legislation

Whenever subsequent legislation on environmental matters is adopted, it shall specify where appropriate that the Annexes to this Directive are to be amended.

AM rejected

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Art. 9: Transposition

  

Article 9: Transposition
  • 1. 
    Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

  • 2. 
    Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Amendment 36

Article 9 (1) 1)

  • 1. 
    Member States shall bring into force the

provisions necessary to comply with this

Directive by [...] at the latest.

CP maintained

  • 1. 
    Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by at the latest […] […]

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

  • 2. 
    Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Art. 10: Entry into force

Art. 10 Entry into force

Article 10: Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

  

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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Art. 11: Addressees

Art. 11 Addresees

Article 11: Addressees

This Directive is addressed to the Member

  

This Directive is addressed to the Member

States.

  

States.

Done at Brussels,

  

Done at Brussels,

For the European Parliament For the

For the European Parliament

  

Council

For the Council

  

The President

The President

  

The President

The President

    

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Annex A to the ANNEX

Amendment 37 Annex A (new)

LIST OF COMMUNITY LEGISLATION INFRINGEMENT OF WHICH CONSTITUTES UNLAWFUL CONDUCT WITHIN THE MEANING OF ARTICLE 2(a) OF THIS DIRECTIVE

LIST OF TEC COMMUNITY LEGISLATION, INFRINGEMENT OF WHICH RESULTS TO UNLAWFUL CONDUCT PURSUANT TO ARTICLE 2 (a) i) OF THE PROPOSED DIRECTIVE

  • - 
    Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles (to be repealed as from 2 January 2013 by Regulation (EC) No 715/2007 of the European Parliament and of the Council);
  • - 
    Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles (to be repealed as from 2 January 2013 by Regulation (EC) No 715/2007);
  • - 
    Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils;
  • - 
    Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (to be repealed and replaced with effect from 1 June 2009 by the REACH Regulation (Regulation (EC) No 1907/2006 of the European Parliament and of the Council));
  • - 
    Council Directive 77/537/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in wheeled agricultural or forestry tractors;
  • - 
    Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry;
  • - 
    Council Directive 79/117/EEC of 21 December 1978
  • - 
    Council Directive 70/220/EEC of 20 March 1970

on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles; to be repealed by new Regulation.

  • - 
    Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles
  • - 
    Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils.
  • - 
    Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water.
  • - 
    Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations.
  • - 
    Council Directive 77/537/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in wheeled agricultural or forestry tractors.
  • - 
    Council Directive 78/176/EEC 20 February 1978 on waste from the titanium dioxide industry.
  • - 
    Council Directive 79/117 of 21 December 1978

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prohibiting the placing on the market and use of plant protection products containing certain active substances;

  • - 
    Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds;
  • - 
    Regulation (EEC) No 348/81 of 20 January 1981 on common rules for imports of whales or other cetacean products;
  • - 
    Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry (repeal proposed);
  • - 
    Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges (repeal proposed);
  • - 
    Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis sector (repeal proposed);
  • - 
    Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclohexane (repeal proposed);
  • - 
    Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture;
  • - 
    Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC (repeal proposed);
  • - 
    Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms;
  • - 
    Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment;
  • - 
    Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on

prohibiting the placing on the market and use of plant protection products containing certain active substances. - Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds;

  • - 
    Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry.
  • - 
    Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges.
  • - 
    Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis sector.
  • - 
    Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants.
  • - 
    Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclohexane.
  • - 
    Council Directive 85/203/EEC of 7 March 1985 on air quality standards for nitrogen dioxide.
  • - 
    Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture.
  • - 
    Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC.
  • - 
    Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos.
  • - 
    Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified microorganisms.
  • - 
    Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment.
  • - 
    Council Directive 91/414/EEC of 15 July 1991, concerning the placing of plant protection products on the

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the market;

  • - 
    Council Directive 91/689/EEC of 12 December 1991 on hazardous waste;
  • - 
    Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;
  • - 
    Council Directive 92/112/EEC of 15 December 1992 on procedures for harmonising the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry;
  • - 
    European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations;
  • - 
    Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT);
  • - 
    Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances;
  • - 
    Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be

market.

1991 on hazardous waste.

1992 on procedures for harmonising the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry.

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installed in non-road mobile machinery;

  • - 
    Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein;
  • - 
    Directive 98/8/EC of the European Parliament and the Council of 16 February 1998 concerning the placing of biocidal products on the market;
  • - 
    Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC;
  • - 
    Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations;
  • - 
    Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste;
  • - 
    Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC;
  • - 
    Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles;
  • - 
    Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues;
  • - 
    Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy;

against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery.

  • - 
    Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein.
  • - 
    Directive 98/8/EC of the European Parliament and the Council of 16 February 1998 concerning the placing of biocidal products on the market
  • - 
    Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12.
  • - 
    Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption.
  • - 
    Council Directive 99/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations.
  • - 
    Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide , nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air, Commission Decision 2001/744/EEC of 17 October 2001 amending Annex V of this Directive.
  • - 
    Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste.
  • - 
    Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC.
  • - 
    Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end of life vehicles.
  • - 
    Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy.
  • - 
    Directive 2000/69/EC of the European Parliament

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  • - 
    Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste;
  • - 
    Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer;
  • - 
    Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC;
  • - 
    Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants;
  • - 
    Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE);
  • - 
    Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on

and of the Council of 16 November 2000 relating to limit values for benzene and carbon monoxide in ambient air.

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persistent organic pollutants and amending Directive 79/117/EC;

  • - 
    Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles;
  • - 
    Commission Directive 2005/78/EC of 14 November 2005 implementing Directive 2005/55/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Annexes I, II, III, IV and VI thereto;
  • - 
    Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community;
  • - 
    Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste;
  • - 
    Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from the extractive industries and amending Directive 2004/35/EC;
  • - 
    Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services and repealing Council Directive 93/76/EEC;

persistent organic pollutants and amending Directive 79/117/EC.

  • - 
    Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles.
  • - 
    Commission Directive 2005/78/EC of 14 November 2005 implementing Directive 2005/55/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Annexes I, II, III, IV and VI thereto.

Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC.

Directive 2006/40/EC of the European Parliament

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  • - 
    Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC;
  • - 
    Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration;
  • - 
    Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste;
  • - 
    Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (will repeal Directive 70/220/EEC with effect from 2 January 2013);
  • - 
    Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply.

and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC.

  • - 
    Directive 2006/44/EC of the European Parliament and of the Council of 6 September 2006 on the quality of fresh waters needing protection or improvement in order to support fish life.
  • - 
    Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC.
  • - 
    Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration.
  • - 
    Regulation 842/2006/EC of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases.
  • - 
    Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste.
  • - 
    Regulation (EC) 715/2007 of the European Parliament and of the Council on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information.
  • - 
    Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply.

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Annex B to the ANNEX

 
 

Amendment 38 Annexe B

LIST OF COMMUNITYLAWS

INFRINGEMENT OF WHICH

CONSTITUTES UNLAWFUL

CONDUCT WITHIN THE MEANING

OF THE SECOND SUBPARAGRAPH

OF POINT (A) OF ARTICLE 2 OF

THIS DIRCTIVE ,AS REGARDS

NUCLEAR ACTIVITIES

LIST OF EURATOM TREATY COMMUNITY

LEGISLATION,INFRINGEMENT OF WHICH RESULTS TO AN UNLAWFUL CONDUCT PURSUANT TO ARTICLE 2(a) ii) OF THE PROPOSED DIRECTIVE
 
  • - 
    Council Decision 87/600/Euratom of 14 December 1987 on Community arrangements for the early exchange of information in the event of a radiological emergency;
  • - 
    Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation;
  • - 
    Council Directive 2003/122/Euratom of 22 December 2003 on the control of high-activity sealed radioactive sources and orphan sources;
  • - 
    Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel.
  • - 
    Council Directive 96/29/EURATOM, of 13 may 1996, laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation.
  • - 
    Council Directive 2003/122/EURATOM, of 22 December 2003, on the control of high-activity sealed radioactive sources and orphan sources.
  • - 
    Council Directive 2006/117/EURATOM of 20 November 2006, on the supervision and control of shipments of radioactive waste and spent fuel.

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2.

Originele weergave

afbeelding document
 
 

3.

Meer informatie