The Council of the European Union and the European Parliament, the community’s two legislators, have reached political agreement on a law that will improve the investigation and prosecution of crimes. Crimes against the environment in the EU.
The new legislation will set minimum standards for the definition of crimes and penalties in order to better protect the environment and It will replace the existing 2008 directive which has become obsolete. In its statement, the Council said that, given the development of environmental law in the Union:
Special, will define crimes against the environment more clearly and add new types, while harmonizing the level of penalties for natural persons and, for the first time, legal entities in all EU Member States.
The Council and the European Parliament agreed Increasing the number of crimes currently classified from nine to 18 In EU criminal law.
These include timber smuggling, which is the main cause of deforestation in some parts of the world, illegal recycling of polluting components on ships, and serious breaches of chemicals legislation.
They also adopted the “qualified violation” clause for violations committed intentionally if they cause destruction, irreversible, widespread and significant damage, or permanent, widespread and significant damage to an ecosystem or natural environment of significant magnitude or environmental value. Habitat or air, soil or water quality in a protected location.
harsher penalties
Additionally, penalties will be made more severe.: In the case of natural persons, intentional crimes that cause the death of any person are punishable by at least ten years’ imprisonment.
For Qualified crimes leading to catastrophic consequences carry a prison sentence of at least eight years At least five years’ imprisonment for crimes committed through gross negligence that cause the death of any person
For other intentional crimes stipulated in the legislation, a prison sentence of at least five years or at least three years is foreseen.
Regarding legal entities, the law provides for the most serious violations: fine of at least 5% of worldwide turnover total or alternatively 40 million euros.
For all other violations, a maximum fine of at least 3% of the legal entity’s total worldwide turnover or alternatively €24 million.
Additional measures such as: forcing the offender to repair the environment or compensate for the damageWe may deprive you of public funding or withdraw your permits or entitlements.
Guarantee training of Thursdays, prosecutors and police
Additionally, Member States will have to: To guarantee the training of employees in the detection, investigation and prosecution of environmental crimesIt must ensure that authorities such as judges, prosecutors and police officials have adequate resources.
The agreement must be approved by both institutions before proceeding with the official adoption procedure.
Environmental NGO WWF said in a statement that after six months of negotiations, EU legislators have finalized the elements of the revised directive. “Strengthening and harmonizing punitive response across the EU” and represents “an important step towards better protection of our environment and society.”
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Contact address of the environmental department:[email protected]