EU negotiators have reached a preliminary agreement on updating rules on environmental crimes and sanctions related to shipping and other activities to improve ecosystem protection. The new rules include an updated list of environmental acts that are considered criminal offenses at the EU level, as well as corresponding penalties, to ensure more effective enforcement of EU environmental laws. The revised list of offenses includes various activities such as pollution from ships, importation and use of mercury and fluorinated greenhouse gases, importation of invasive species, and illegal depletion of water resources.
Environmental crime is a globally significant criminal activity and a significant source of income for organized crime. In 2021, the European Commission proposed strengthening environmental protection in the EU through criminal law to address this issue. Under the new rules, individuals, including corporate officials, found guilty of environmental crimes that resulted in death could face a prison sentence of up to 10 years. Qualified crimes, however, would be punished with up to eight years in prison. In addition to prison sentences, perpetrators also face fines and obligations to restore the environment or compensate for the damage caused. The agreed draft law must now be formally approved by the Legal Affairs Committee, the full European Parliament, and the Council before it can come into force.
The agreement also includes provisions to protect and support whistleblowers who report environmental crimes, specific training for judicial personnel, awareness campaigns against environmental crime, and cooperation between national authorities and competent bodies in cross-border cases. European Parliament rapporteur Antonius Manders (EPP, NL) stated, “We have successfully negotiated a zero-tolerance position towards environmental crimes, which have enormous consequences for human health and the environment.” The law aims to ensure a future-proof approach to environmental offenses and hold both companies and their representatives accountable for environmental crimes.
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