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DRAFT 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-PA-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 draft opinion on the Commission proposal for a directive on protecting the environment through criminal law. It proposes amendments to the Commission's text. The rapporteur wants autonomous definitions of environmental offences, a new crime of ecocide, and stronger sanctions, including fines of 15% to 30% of worldwide turnover for ecocide. The draft asks for specialised national bodies, more protection for environmental defenders and whistleblowers, a national fund for victims and restoration, and a possible extension of the European Public Prosecutor's Office mandate.

Committee position. The rapporteur welcomes the Commission proposal but proposes amendments to broaden its scope, introduce autonomous environmental offences and a crime of ecocide, strengthen sanctions and protection for defenders, and improve enforcement.

Key points

  1. The rapporteur proposes autonomous definitions of environmental offences, so that serious environmental harm can trigger criminal liability.
  2. The draft introduces 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 environmental damage.
  3. It asks the Commission to assess extending the European Public Prosecutor's Office mandate to serious environmental crimes.
  4. It calls for specialised national jurisdictions and units to detect, investigate, prosecute and adjudicate environmental crime, with adequate resources.
  5. It proposes stronger protection for environmental defenders and whistleblowers, including against strategic lawsuits against public participation, and EU and national contact points for reporting.
  6. It proposes confiscation of proceeds and instrumentalities, and a dedicated national fund for victim compensation and environmental restoration.
  7. It includes public authorities among entities covered by the directive.
  8. It sets maximum imprisonment of at least ten years for offences causing death or serious injury, six years for certain offences, and four years for others.
  9. It sets fines of not less than 15% of total worldwide turnover for certain offences, and between 15% and 30% for ecocide.
  10. It provides for aggravating circumstances, including commission within a criminal organisation, by a public official, or with violation of due diligence obligations.
  11. It requires Member States to allow precautionary measures to stop unlawful conduct and to provide for limitation periods, with no limitation period for ecocide.
  12. It requires Member States to report statistics on prosecutions, convictions and cases ended by limitation, and the Commission to publish reports.

Who is affected

  • Member States, which must introduce the crime of ecocide, set sanctions, and establish specialised bodies and a national fund.
  • Legal persons and companies, which can be held liable and fined up to 15% to 30% of worldwide turnover.
  • Environmental defenders and whistleblowers, who would receive stronger protection and support.
  • Public authorities and officials, who are covered by the directive and face aggravating circumstances and disqualification.
  • Victims of environmental crimes, who could receive compensation from a national fund.

Figures and deadlines

  • Environmental crime grows at a rate of between 5% and 7% per year.
  • Maximum imprisonment of at least ten years for offences causing death or serious injury.
  • Maximum imprisonment of at least six years for certain offences.
  • Maximum imprisonment of at least four years for certain offences.
  • Fines of not less than 15% of total worldwide turnover for certain offences.
  • Fines between 15% and 30% of total worldwide turnover for ecocide.
  • Limitation period of at least ten years for offences punishable by at least ten years.
  • Commission guidelines to be published within 18 months from entry into force.