Green light from the European Parliament to the new directive on environmental crimes. Fines of up to 40 million euros

From Strasbourg – Environmental protection is important. Punishing those who knowingly harm him is equally important. This is how the final green light for the new directive on environmental offenses comes from Strasbourg, where the plenary session of the European Parliament is taking place. This is a measure awaited for years by the main environmental groups and which essentially brings two new features: more crimes and harsher penalties. One of the main innovations of the directive – definitively approved by 499 votes for and 100 against – is the introduction of the “qualified” offense of destruction of an ecosystem, which will be assimilated (from a criminal point of view) to ecocide, that is to say the “knowingly perpetrated destruction of a natural environment”.

How did the provision come about?

The text voted on today by the European Parliament, on which an agreement was reached with the Council last November, updates the previous directive from 2008. If it was decided in Brussels to review the rules, the reason is simple: environmental crimes are on the rise. and, according to an estimate by the European Commission, they now represent the fourth largest criminal activity in the world, as well as one of the main sources of income for organized crime. After the plenary vote, European Parliament rapporteur Antonius Manders (EPP, NL) declared: “With this agreement, the polluter pays,” commented Dutch EPP MEP Antonius Manders, rapporteur of the new directive. “Any company director responsible for pollution can now be held responsible for his actions, in the same way as the company.”

The new crimes

With the new directive approved today, the environmental crimes covered by European Union criminal law increase from 9 to 18. Among the new entries are timber trafficking, which is one of the main causes of deforestation in some regions of the world, illegal recycling of polluting ship components and violation of chemical laws. The Council and the EU Parliament have also provided for the possibility of considering these offenses as “qualified” if they cause destruction, irreversible or lasting damage to an ecosystem of considerable size or value.

Maxi-sanctions

Not only is the number of crimes increasing, but also the amount of fines imposed on offenders. Anyone who commits one of the offenses covered by the directive faces very severe sanctions. For intentional crimes resulting in the death of people, the maximum penalty is up to more than 10 years in prison. In the case of legal entities – that is to say public bodies, private companies, associations – the directive provides for a sanction equal to at least 5% of the overall turnover or, failing that, to 40 million euros for the most serious crimes. Judges also have the possibility to apply additional measures, in particular by imposing on the perpetrator the obligation to repair the damage caused to the environment or to compensate the resulting costs.

Cover photo: EPA/Stéphanie Lecocq | A group of activists from “Stop Ecocide International” demonstrate in front of the European headquarters in Brussels (October 20, 2022)

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