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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

LIBE-AD-737180

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Saskia Bricmont

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The Committee on Civil Liberties, Justice and Home Affairs gives its opinion on the proposed directive on protecting the environment through criminal law, amending the Commission's proposal. It proposes autonomous definitions of environmental offences and a crime of ecocide, with no limitation period for ecocide and a maximum prison term of at least ten years. It strengthens sanctions, including fines of at least 12% of worldwide turnover and 12 to 25% for ecocide, and adds confiscation, restoration and compensation duties. It requires Member States to set up a national fund for victims' compensation and environmental restoration, and to protect whistleblowers and environmental defenders. It asks the Commission to assess extending the European Public Prosecutor's Office mandate to serious environmental crimes and to create an EU-wide anonymous reporting platform.

Committee position. The committee calls on the Committee on Legal Affairs to take into account its amendments, which broaden the scope of offences, add a crime of ecocide, strengthen sanctions and confiscation, protect whistleblowers and environmental defenders, and require national funds and specialised enforcement bodies.

Key points

  1. The rapporteur finds that environmental crime is the fourth largest criminal sector in the world, growing at 5% to 7% per year, and that Directive 2008/99/EC has shortcomings.
  2. The rapporteur welcomes the Commission's proposal to broaden scope, strengthen sanctions and protect environmental defenders, but says further changes are needed.
  3. The opinion proposes autonomous definitions of environmental offences and a crime of ecocide, defined as unlawful or wanton acts committed with knowledge of a substantial likelihood of severe and either widespread or long-term damage.
  4. It recommends that the Commission assess extending the European Public Prosecutor's Office mandate to serious environmental crimes, and that Member States create specialised jurisdictions with adequate resources.
  5. It proposes stronger protection for civil society and environmental defenders, including against strategic lawsuits against public participation, and EU and national contact points for reporting.
  6. It proposes provisions on financial reparation, confiscation of assets, and a dedicated national fund in each Member State for victim compensation and environmental restoration.
  7. It includes public authorities among the entities covered by the directive.
  8. It amends the directive's scope to cover conduct committed intentionally or at least with serious negligence, and adds new offences including illegal logging, starting a forest fire and unauthorised development.
  9. It sets maximum prison terms of at least ten years for offences causing death or serious injury and for ecocide, at least six years for several offences, and at least four years for others.
  10. It sets fines of not less than 12% of total average worldwide turnover, or EUR 100 million where turnover is negative, zero or inexplicably low, and 12 to 25% for ecocide, increasing for repeated infringements.
  11. It requires Member States to allow interim measures to stop unlawful conduct, to trace, seize, freeze and confiscate proceeds and instrumentalities, and to provide care for seized live animals.
  12. It requires Member States to establish jurisdiction, cooperate across borders, collect statistics, adopt national strategies, and provide training and investigative tools.

Who is affected

  • Member States, which must transpose the rules, set up specialised bodies, national funds and reporting systems.
  • Natural and legal persons, who can be held liable and face imprisonment, fines and exclusion from public funding.
  • Public authorities and officials, who are covered by the directive and face disqualification from functions.
  • Whistleblowers, environmental defenders and civil society organisations, who gain protection and access to justice.
  • Victims of environmental crimes, who can receive compensation from a national fund.

Figures and deadlines

  • Environmental crime grows at a rate of between 5% and 7% per year.
  • Maximum term of imprisonment of at least ten years for offences causing death or serious injury and for ecocide.
  • Maximum term of imprisonment of at least six years for certain offences.
  • Maximum term of imprisonment of at least four years for certain offences.
  • Fines of not less than 12% of total average worldwide turnover in the three business years preceding detection.
  • Fines of not less than EUR 100 million where worldwide turnover is negative, zero or inexplicably low.
  • Fines between 12 and 25% of total average worldwide turnover for ecocide.
  • National fund to be established within 9 months from the entry into force of the directive.