Commission proposal to strengthen the protection of the environment through criminal law | 15 December 2021
date: 01/04/2022
The proposal fulfils a key commitment of the European Green Deal, contributing to the Zero Pollution Action Plan, the Circular Economy Action Plan and the Biodiversity Strategy for 2030 and promoting the environmental rule of law. The proposal follows the Commission's evaluation of the 2008 Environmental Crime Directive (Directive 2008/99/EC on the protection of the environment through criminal law). Results indicated that the number of successfully prosecuted environmental cases was low, sanctions were too insufficient to be a deterrent, and cross-border cooperation was weak.
The proposal defines new environmental crimes, sets a minimum level for sanctions and strengthens the effectiveness of law enforcement cooperation. It also obliges the Member States to support and assist people who report environmental offences and cooperate with enforcement. The proposed new environmental criminal offences include illegal timber trade, illegal ship recycling and illegal abstraction of water. In addition, the proposal clarifies existing definitions of environmental criminal offences, providing for increased legal certainty.
The Commission proposes to set a common minimum denominator for sanctions for environmental crimes. The draft directive also proposes additional sanctions, including the restoration of nature, exclusion from access to public funding and procurement procedures or the withdrawal of administrative permits. Furthermore, the proposal aims at making relevant investigations and criminal proceedings more effective and will help cross-border investigation and prosecution. Environmental crimes often impact several countries (for example the illicit trafficking of wildlife) or have cross-border effects (for example in the case of cross-border pollution of air, water and soil).
The wilful destruction of our natural environment threatens our very survival as humanity, said Executive Vice-President for the European Green Deal Frans Timmermans. Letting lawbreakers act with impunity undermines our collective efforts to protect nature and biodiversity, fight the climate crisis, reduce pollution, and eliminate waste. Serious abuses must be met with a serious response, and today's proposal lays the groundwork for that.’
Commissioner for the Environment, Oceans and Fisheries Virginijus Sinkevičius said:
Environmental crimes cause irreversible and long-term damage to people's health and the environment. Yet, they are hard to investigate and bring before the Court, while sanctions tend to be weak. That is why we need to strengthen our environmental criminal law. At a time where the international community discusses the crime of ecocide, a high level of environmental protection is not only important for present but also future generations.
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