European Union Gets Tougher on Environmental Crimes
The European Union got tougher on environmental crimes this week after MEPS adopted an extended list of offences and sanctions, including longer prison time and higher fines.
According to the European Parliament announcement, the new list of environmental crimes includes illegal timber trade, the depletion of water resources, breaches of EU chemicals legislation, and pollution caused by ships.
The list also includes “qualified offences”, which concern large-scale forest fires or widespread pollution of air, water and soil, which leads to the destruction of an ecosystem. The offences could be punished with eight years, 10 years in prison for those causing the deaths, and five years for other violations.
The directive will go into force following its publication in the EU Official Journal. Member states will have two years to transpose the rules into their national systems.
Environmental crime, it says, is the fourth largest criminal activity worldwide.
Under the new rules, crimes committed by individuals and company representatives would be punishable with imprisonment depending on how long-lasting, severe or reversible the damage is. Offenders would be required to reinstate the damaged environment and compensate for it and may also face fines.
For companies, fines will reach 3 to 5 percent of their yearly turnover or alternatively 24 or 40 million euros depending on the nature of the crime.
It will be up to EU states to decide whether to prosecute criminal offences that did not take place on their territory.
EU lawmakers also decided that whistleblowers reporting on environmental crimes should be provided with support and assistance in the context of criminal proceedings; that member states organize specialized training for police, judges, and prosecutors; prepare national strategies; and organize awareness-raising campaigns to fight environmental crime.
“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,” said European Parliament Rapporteur Antonius Manders.
“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 nowhere else to hide behind permits or legislative loopholes.”