EU Environmental Crime Directive
Revision of the Directive
The Commission proposed a revision of the Environmental Crime Directive in December 2021. The proposal intends to clarify some of the terms contained in the directive and includes an updated list of environmental crime offences, harmonised sanction types and levels, measures to strengthen international investigation and prosecution, improvements to the collection of statistical data and measures to improve national enforcement chains.
New categories of criminal offences proposed in the revised Environmental Crime Directive are:
- illegal timber trade;
- illegal ship recycling;
- illegal water abstraction from ground- or surface water;
- serious breaches of EU chemicals legislation;
- serious breaches related to dealing with fluorinated greenhouse gases;
- serious breaches of legislation on invasive alien species with Union concern;
- serious circumvention of requirements to get a development consent and to do environmental impact assessment causing substantial damage;
- source discharge of polluting substances from ships.
The proposal also clarifies undefined legal terms used to describe environmental crime in the current Directive, such as for instance ‘substantial damage'. It suggests criteria that explain more precisely how to interpret these terms. This will lead to a more harmonised application of criminal law and understanding of environmental crime across the EU, and more legal certainty to duty-holders.
New provisions on sanctions are proposed. The main sanctions for criminal offences are prison sentences and fines. The proposal recognises that, in addition, other sanctions and measures may be appropriate and necessary. The new rules propose accessory sanctions, such as withdrawal of permits, disqualifications and exclusion from access to public funding. Accessory sanctions are often deemed more effective than financial sanctions, especially for legal persons. Particular attention is paid to the restoration of the damaged environment.
As regards sanctions for legal persons, similarly to the 2008 Directive, the proposal takes account of national legal traditions and provides that Member States may introduce sanctions, which for legal persons can also be of non-criminal nature.
To ensure that punishment is effective, proportionate and appropriate, mitigating and aggravating circumstances are proposed. Aggravating circumstances include the severity of the damage done, the involvement of organised crime, the illegal profits generated or expected. Mitigating circumstances include providing the authorities with useful information that they would not otherwise have obtained.
The proposal also includes obligations of the Member States to provide for adequate training, resources, cooperation, communication and information sharing among enforcers. It also strengthens the role of public: It includes measures to support and assist people who report environmental offences and cooperate with the enforcement. It also enables, at certain conditions, the public concerned to be present in proceedings linked to the prosecution of crime cases where appropriate, pursuant the rules set out in Member States.