EU Parliament Takes Bold Step with Extended Environmental Crime Directive

In a significant move towards environmental protection, the European Parliament has approved a groundbreaking directive on environmental crimes and corresponding sanctions. The directive, adopted on Tuesday with overwhelming support, introduces an expanded list of criminal offenses and penalties aimed at combatting illegal practices detrimental to the environment.

The comprehensive directive, negotiated with the Council and agreed upon on November 16, 2023, garnered 499 votes in favor, 100 against, and 23 abstentions. Among the key provisions is an updated list of criminal offenses, covering illegal timber trade, depletion of water resources, serious breaches of EU chemicals legislation, and pollution caused by ships. Notably, Members of the European Parliament (MEPs) have included a qualified offense, such as large-scale forest fires or widespread pollution leading to ecosystem destruction, deemed comparable to ecocide.

Penalties Including Imprisonment and Fines

Individuals and company representatives found guilty of environmental crimes may face imprisonment, the severity depending on the lasting, severe, or reversible nature of the damage. For qualified offenses, individuals could be sentenced to eight years in prison, with ten years for offenses causing a person's death. Other offenses may result in imprisonment of up to five years.

All offenders are mandated to restore the damaged environment and compensate for the harm caused, potentially facing fines. For companies, fines may range from 3 to 5% of their annual worldwide turnover or alternatively 24 to 40 million euros, depending on the nature of the crime. Member states retain the authority to prosecute criminal offenses that did not occur on their territory.

Member States to Strengthen Enforcement Measures

MEPs have emphasized the need for support and assistance to whistleblowers reporting environmental offenses within criminal proceedings. Additionally, member states are required to organize specialized training for law enforcement personnel, judges, and prosecutors. National strategies and awareness-raising campaigns against environmental crime are also part of the directive's stipulations. The collection of data by EU governments on environmental offenses will aid in better addressing the issue, with regular updates to the list by the Commission.

Following the plenary vote, European Parliament rapporteur Antonius Manders (EPP, NL) highlighted the directive's significance: "It is about time we fought cross-border crimes at the EU level with harmonized and dissuasive sanctions to prevent new environmental crimes. Under this agreement, polluters will pay. What is more, it is a major step in the right direction that any person in a leading position at a company responsible for polluting can be held liable as well the business itself. With the introduction of a duty of care, there is no where else to hide behind permits or legislative loopholes."

The directive is set to enter into force on the twentieth day following its publication in the EU Official Journal. Member states will have two years to incorporate the rules into their national systems.

Environmental crime, ranked as the fourth largest criminal activity globally, poses a significant threat and is a major source of income for organized crime. The directive stems from the Commission's proposal in December 2021, aiming to strengthen environmental protection through criminal law in the EU, addressing the escalating number of environmental criminal offenses.

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