EC adopts tougher criminal sanctions for environmental crime

The European Council has formally adopted a directive to protect the environment through criminal law. It said that the law will improve investigation into environmental crime offences and increase prosecution.

The directive establishes EU-wide minimum rules on the definition of criminal offences and penalties. It replaces the previous law that dates back to 2008.

The law will only apply to offences committed within the EU. However, member states are able to choose to extend their jurisdiction to offences that have been committed outside their territory.

The number of activities that constitute a criminal offence will increase from nine to 20. New offences include timber trafficking, the illegal recycling of polluting components from ships and serious breaches of legislation on chemicals.

The new law also introduces a ‘qualified offence’ clause that applies when an offence under the directive is committed intentionally and causes the destruction of the environment, or irreversible or long-lasting damage.

Intentional offences that cause the death of a person will be punishable with a maximum prison sentence of at least ten years. But member states may decide to impose even tougher penalties in their national legislation.

Other offences will result in imprisonment of up to five years.

Companies will face fines of at least 5% of the total worldwide turnover for the most serious offences, or €40m. For all other offences, the maximum fine will be at least 3% of turnover or €24m.

“Member states will have to make sure that natural persons and companies may be sanctioned by additional measures such as an obligation for the offender to reinstate the environment or compensate for the damage, excluding them from access to public funding or withdrawing their permits or authorisations,” said the Council.

Member states have two years from the entry into force of the directive to adapt their national rules.

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