WIREDGOV

The Council recently (09 December 2022) agreed its mandate for negotiations with the European Parliament on the environmental crime directive.

Pavel Blažek, Czech Minister of Justice recently said:

Today, thanks to the Council's deliberations, we have moved a step closer to obtaining a legal instrument to protect the environment. We need to bring to justice those individuals and organisations who profit from activities that put our health at risk and damage our ecosystems. Protecting the environment is one of the main challenges of our generation, both in the EU and around the world.

This proposal aims to improve the investigation and prosecution of environmental crime offences. It defines environmental crime more precisely and adds new types of environmental criminal offences. It also harmonises the level of penalties for natural persons and for the first time for legal persons as well.

Instead of the nine offences that currently exist under EU criminal law, the negotiating mandate defines 20 offences, broadening and clarifying the scope of conduct that is prohibited because it harms the environment. The new offences include timber trafficking, which is a major cause of deforestation in some parts of the world, the illegal recycling of polluting components of ships and serious breaches of legislation on chemicals.

In the case of natural persons who commit one of the acts covered, the text sets out the following penalties:

• for intentional offences causing death to any person, a maximum prison term of at least ten years
• for offences committed with at least serious negligence causing death to any person, a maximum prison term of at least five years
• for other intentional offences included in the legislation, a maximum prison term of either at least five years or at least three years

In the case of legal persons, the text sets out the following penalties:

• for the most serious offences, a maximum fine of at least 5% of the legal person’s total worldwide turnover, or alternatively €40 million
• for all other offences, a maximum fine of at least 3% of the legal person’s total worldwide turnover, or alternatively €24 million

Additional measures may also be taken, including obliging the offender to reinstate the environment or compensate for the damage, excluding them from access to public funding or withdrawing their permits or authorisations.

In addition to this, the text covers the need to provide training for those working to detect, investigate and prosecute environmental crime and to allocate adequate resources. It also includes provisions on support and assistance to persons reporting environmental crime, environmental defenders and persons affected by these crimes.

Click here for the full press release