Green light from the European Parliament for the new directive on environmental crimes.Fines of up to 40 million euros

The provision, loudly requested by the main associations and NGOs, increases the number of crimes against the environment.“With this agreement, the polluter pays,” commented MEP Manders, rapporteur of the new directive

From Strasbourg – Protecting the environment is important.Punishing those who knowingly harm him is equally important.And so here comes the definitive green light for the new directive on environmental crimes from Strasbourg, where the plenary session of the European Parliament is underway.This is a measure that has been awaited for years by the main environmentalist groups and which essentially brings two new features:more crimes and harsher penalties.One of the main innovations of the directive - definitively approved with 499 votes in favor and 100 against - is the introduction of the "qualified" crime of destruction of an ecosystem, which will be equated (from a criminal point of view) to ecocide, that is, the "knowingly perpetrated destruction of a natural environment".

How the provision was born

The text voted today by the European Parliament, on which an agreement was reached with the Council last November, updates the previous directive from 2008.If in Brussels it was decided to revise the rules, the reason is simple:Environmental crimes are on the increase and, according to an estimate by the EU Commission, they now represent the fourth largest criminal activity in the world, as well as one of the main sources of income for organized crime.following the vote in plenary, the rapporteur for the European Parliament Antonius Manders (EPP, NL) stated:“With this agreement, the polluter pays,” commented Dutch EPP MEP Antonius Manders, rapporteur of the new directive.«Any company manager responsible for causing pollution can now be held accountable for his actions, just like the company».

The new crimes

With the new directive approved today, the environmental crimes covered by European Union criminal law go from 9 to 18.Among the new entries are timber trafficking, which is one of the leading causes of deforestation in some areas of the world, the illegal recycling of polluting components from ships and the violation of laws regarding chemical substances.The EU Council and Parliament have also provided for the possibility of considering these crimes as "qualified" if they cause destruction, irreversible or lasting damage to an ecosystem of considerable size or value.

Maxi-sanctions

Not only is the number of crimes increasing, but also the size of the fines for violators.Anyone who commits one of the crimes covered by the directive faces decidedly severe penalties.For intentional crimes that cause the death of people, the maximum penalty can be even more than 10 years in prison.In the case of legal entities - i.e. public bodies, private companies, associations - the directive provides for a sanction equal to at least 5% of global turnover or, alternatively, 40 million euros for the most serious crimes.Judges are also granted the possibility of applying additional measures, including imposing an obligation on the perpetrator of the crime to restore the damage caused to the environment or compensate the resulting costs.

Cover photo:EPA/Stephanie Lecocq | A group of “Stop Ecocide International” activists protest outside the European headquarters in Brussels (20 October 2022)