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OPINION (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

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Committee on Development · Rapporteur: Caroline Roose

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The Committee on Development gives its opinion on the proposed directive on protecting the environment through criminal law, replacing Directive 2008/99/EC. It calls on the lead committee to take into account amendments that add a development and human rights dimension, including a crime of ecocide. The amendments add recitals on development cooperation, human rights and the right to a clean environment, and require Member States to criminalise autonomous environmental offences, ecocide, fisheries crime and illegal mineral exploitation and trade. They set higher sanctions, aggravating circumstances, jurisdiction rules including universal jurisdiction for ecocide, protection for environmental defenders and reporting persons, and cooperation with developing countries. They require confiscated assets to be returned to developing countries and used for environmental repair and victim compensation, and require better data collection on transnational environmental crime.

Committee position. The Committee on Development calls on the Committee on Legal Affairs to take into account its amendments, which add a development and human rights dimension, a crime of ecocide, stronger sanctions, jurisdiction rules and cooperation with developing countries.

Key points

  1. Adds recitals stating that the Union must take account of development cooperation objectives and uphold human rights, including the right to a clean, healthy and sustainable environment.
  2. States that environmental crime is the fourth largest criminal sector in the world, growing two to three times faster than the global economy, and threatens developing countries.
  3. Requires a harmonised definition of autonomous environmental offences, in addition to the list of specific offences.
  4. Requires Member States to criminalise all serious infringements of fisheries rules and to cover illegal minerals and serious breaches of corporate due diligence and reporting obligations.
  5. Introduces a crime of ecocide, defined as unlawful or wanton acts committed with knowledge of a substantial likelihood of severe and widespread or long-term environmental damage.
  6. Sets a maximum term of imprisonment of at least ten years where offences cause death, serious injury or other serious human rights violations, and raises maximum fines to not less than 15% of worldwide turnover.
  7. Adds aggravating circumstances including severe human rights impacts, harm to vulnerable groups, damage to future generations, abuse of weaknesses in developing countries and gross violation of due diligence obligations.
  8. Requires Member States to establish jurisdiction where an offence benefits a legal person on their territory, and introduces universal jurisdiction for ecocide.
  9. Requires confiscated assets to fund environmental repair and to be returned to the developing countries where the offence was committed, for restoration, victim compensation and strengthening the rule of law.
  10. Extends protection and support to natural and legal persons reporting environmental offences, including civil society organisations, and gives the public rights to participate in proceedings.
  11. Requires Member States to intensify judicial cooperation with developing countries and the Commission to support capacity building and technical assistance programmes.
  12. Requires Member States to collect data on transnational cases, seized and confiscated proceeds, money laundering links, victims and environmental and human impacts.

Who is affected

  • Developing countries: offences committed there can be prosecuted in the EU, and confiscated assets should be returned to them.
  • Legal persons and companies: liable for offences, including for lack of supervision of supply chains, with fines up to 15% of worldwide turnover.
  • Environmental defenders and reporting persons: to be protected from threats and abusive lawsuits, and given support in proceedings.
  • Victims and local communities: may receive compensation, participate in proceedings and benefit from confiscated assets.
  • Member States: must criminalise ecocide and autonomous offences, set jurisdiction and sanctions, and collect statistics.

Figures and deadlines

  • Environmental crime is the fourth largest criminal sector in the world.
  • It grows two to three times faster than the global economy.
  • It represents one to two times the size of global official development assistance.
  • Maximum term of imprisonment of at least ten years for offences causing death or serious injury.
  • Maximum fines of not less than 15% of total worldwide turnover.
  • Ecocide definition published in June 2021 by the Independent Expert Panel.
  • Right to a clean environment recognised by UN General Assembly resolution of 26 July 2022 (A/RES/76/300).
  • Billions of euros in revenues and taxes stolen annually from developing countries.

Legal basis: Article 208 TFEU and Article 3(5) TEU.