The European Parliament today approved new rules on environmental crimes and their penalties.
The new directive was agreed with the Council on 16 November 2023 and was adopted today with 499 votes in favour, 100 against and 23 abstentions. Based on the new legislation, timber smuggling, over-extraction of water resources, serious violations of European legislation on chemical products, as well as pollution caused by ships are added to the list of environmental crimes. Parliament has ensured that the new Directive will include the concept of a ‘special offence’. Acts leading to the destruction of ecosystems and, therefore, amounting to ecocide, such as causing large forest fires and extensive pollution of air, water and soil, are characterized as special offences.
Imprisonment and fines
According to the new directive, natural persons and company representatives can be punished even with prison sentences, depending on how long-term, serious or irreversible the consequences of the environmental crimes they have committed are. Special offenses are punishable by eight years’ imprisonment, offenses causing death by ten years’ imprisonment, and other offenses by up to five years’ imprisonment.
Violators will be required to restore the environmental damage they have caused and pay compensation, while the possibility of monetary fines is also foreseen. Depending on the type of offence, fines on companies can amount to 3% or 5% of their global annual turnover or, alternatively, to 24 or 40 million euros. Member States will be able to decide to prosecute even for offenses not committed on their territory.
Obligation of Member States to provide training and collect data
Thanks to the pressure exerted by Parliament, persons reporting environmental offenses will receive support and assistance in any criminal proceedings they may face. The Parliament also ensured that Member States will provide specialized training to police, judicial and prosecutorial authorities, that they will draw up national strategies and that they will organize information campaigns to combat environmental crimes. In addition, EU countries will now be required to collect data on environmental offences. Based on this data, environmental offenses will henceforth be able to be dealt with more effectively, while the European Commission will be able to regularly update the relevant list.
Statements
Following the plenary vote, European Parliament rapporteur Antonius Manders (EPP, Netherlands) said: “It is time to fight cross-border crime at EU level with harmonized and dissuasive penalties, which will prevent environmental crimes from being committed. Based on the text we came up with, those who destroy the environment will be made to pay. In addition, an important step in the right direction is the fact that anyone who holds a managerial position in a company that pollutes the environment will now be able to be held responsible, as well as the company itself. Thanks to the introduction of the duty of care, no one will be able to hide behind licenses and legal loopholes anymore.”
Press conference with the rapporteur on Tuesday 27 February at 14:00 (CET).
Next steps
The directive will enter into force 20 days after its publication in the Official Journal of the European Union. From that date onwards, member states will have two years to incorporate it into their national law.
Relevant information
Environmental crime is the fourth largest criminal activity in the world and is one of the main sources of income for organized crime, after drugs, arms and human trafficking. In December 2021, the European Commission tabled a proposal to better protect the environment in the EU through criminal law, with the aim of tackling the growing number of environmental crimes.
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