The European Council formally adopted a directive on the protection of the environment through criminal law. The law will improve the investigation and prosecution of environmental crime offences, which will replace the previous laws of 2008, and this applies to only offences committed within European Union. However, the members states are allowed to extend their jurisdiction to offences committed outside their territory.
The existing laws did not have much effect with the number of increasing environmental crime cases an low investigation. The sanction levels imposed were also dissuasive and cross-border cooperation did not take place in a systematic manner. It also lacked enforcement procedures, knowledge sharing, cooperation and awareness and prioritisation to combat environmental crime and multi-disciplinary approach.
The New Directive sets out offenses as to:-
• the discharge or emission of materials or energy into the air, soil or water which causes or is likely to cause death or serious injury to any person or substantial damage to the environment.
• certain waste offences including the improper collection, transport, recovery and disposal of waste which cause or are likely to cause death or serious injury to any person or substantial damage to the environment.
• the abstraction of surface water or groundwater which causes or is likely to cause substantial damage to the ecological status of water bodies.
• offences related to illegal ship recycling.
• offences related to the illegal trade in timber.
• certain offences surrounding the illegal trade in wildlife and plant species.
• certain offences regarding serious breaches of EU chemicals legislation.
The New Directive provides in assessing the damage taking into account;-
- the baseline condition of the affected environment,
- the lasting nature of the damage,
- the extent of the damage and the reversibility of the damage.
France has placed the ‘ecocide’ legislative footing in 2021making it a ‘qualified offences’ where in crimes committed are wide scale envrionmental damage and long lasting.
Member States are also required to ensure non-criminal penalties formalites obligations to restore or pay compensation for damage to the environment; fines; disqualification from holding certain positions and publications of details of convicted persons in certain exceptional circumstances.
Penalties
Imprisonment of atleast 3 to 10 years depending upon the offence.
Accessory criminal or non-criminal penalties or measures may include the
(a) obligation to restore the environment or pay compensation for the damage to the environment;
(b) fines;
(c) exclusion from access to public funding;
(d) disqualification from holding, within a legal person, a leading position of the same type used for committing the offense;
(e) withdrawal of permits and authorizations;
(f) temporary bans on running for public office;
(g) where there is a public interest, following a case-by-case assessment, publication of all or part of the judicial decision that relates to the criminal offense committed and the sanctions or measures imposed.
