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REPORT (COM(2021)0851 – C90466/2021 – 2021/0422(COD))

On the proposal for a directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC

A-9-2023-0087

Committee on Legal Affairs · Rapporteur: Antonius Manders

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Parliament's amended version of the Commission proposal for a directive on protecting the environment through criminal law, replacing Directive 2008/99/EC. It sets minimum rules on environmental criminal offences, sanctions, prevention and enforcement, and adds new offences including an autonomous environmental crime and ecocide. It requires Member States to criminalise listed conduct causing death or serious harm to health or substantial damage to air, soil, water, biodiversity, ecosystem services, animals or plants, when unlawful and intentional or seriously negligent. It sets maximum imprisonment of at least ten years where offences cause death or serious harm, and at least four years for other listed offences, plus fines for legal persons of at least 10% of average worldwide turnover. It strengthens prevention, enforcement, whistleblower protection, public access to information and justice, data collection, training, investigative tools and cross-border cooperation, including with Eurojust, Europol and the EPPO.

Committee position. The Committee on Legal Affairs proposes to amend the Commission proposal to strengthen environmental criminal law, including by adding autonomous offences and ecocide, raising sanctions, extending limitation periods and improving enforcement, data collection and prevention.

Key points

  1. The directive establishes minimum rules on environmental criminal offences, sanctions and the measures, means and resources to prevent and combat environmental crime.
  2. Member States must criminalise conduct causing or likely to cause death or serious harm to health or substantial damage to air, soil, water, biodiversity, ecosystem services, animals or plants, when unlawful and intentional.
  3. Severe and widespread, long-term or irreversible damage must be treated as an offence of particular gravity and sanctioned as such.
  4. The listed offences also constitute criminal offences when committed with at least serious negligence.
  5. New offences include breaches of the mercury Regulation, illegal genetically modified organism activities, serious fisheries infringements and causing a forest fire or significant deterioration of more than one hectare of forest.
  6. Inciting, aiding and abetting, and attempts to commit the offences must be punishable as criminal offences.
  7. Offences causing or likely to cause death or serious harm are punishable by a maximum term of imprisonment of at least ten years; other listed offences by at least four years.
  8. Legal persons must be liable for offences, including for lack of supervision or control, and face sanctions such as fines, reinstatement obligations, exclusion from public funding and publication of decisions.
  9. Fines for legal persons must reach at least 10% of average worldwide turnover over the three preceding business years for the most serious offences.
  10. Aggravating circumstances include death or serious harm, damage to protected areas or species, criminal organisation involvement, corruption, money laundering, fraud, extortion, coercion, false documents and obstruction of inspections.
  11. Competent judicial authorities may order immediate cessation of unlawful conduct or preventive measures, and must trace, freeze or confiscate proceeds and instrumentalities, using them where possible for restoration or compensation.
  12. Member States must protect whistleblowers and cooperators, ensure public access to information and justice, provide sufficient resources and training, and cooperate across borders and with Union bodies.

Who is affected

  • Member States, which must transpose the rules into national law and ensure enforcement.
  • Natural persons committing environmental offences, who face imprisonment and additional sanctions.
  • Legal persons, including companies, which face liability, fines, exclusion from public funding and publication of convictions.
  • Whistleblowers, civil society organisations and persons reporting offences, who must receive protection, support and assistance.
  • National authorities detecting, investigating, prosecuting or adjudicating environmental offences, which must have sufficient resources and training.

Figures and deadlines

  • Maximum term of imprisonment of at least ten years for offences causing or likely to cause death or serious harm.
  • Maximum term of imprisonment of at least four years for listed offences.
  • Fines of not less than 10% of average worldwide turnover in the three business years preceding the fining decision.
  • Limitation period of at least ten years from discovery for offences punishable by at least ten years.
  • Limitation period of at least six years from discovery for offences punishable by at least six years.
  • Limitation period of at least four years from discovery for offences punishable by at least four years.
  • National strategy must be reviewed and updated at intervals no longer than 3 years.
  • Commission report on cooperation measures within 12 months of entry into force.

Legal basis: Article 294(2) and Article 83(2) of the Treaty on the Functioning of the European Union.