At the end of February, the European Parliament voted through a
new environmental crime directive which includes provisions
criminalising the most serious cases of environmental damage that
are "comparable to ecocide". The new Environmental Crime Directive
was adopted on 11 April 2024 and entered into force on 20 May
2024.
The environmental campaign group Stop Ecocide International has
been calling for ecocide to become an international crime since
2021, defining it as "unlawful or wanton acts committed with
knowledge that there is a substantial likelihood of severe and
either widespread or long-term damage to the environment being
caused by those acts".
First international organisation
Although some individual countries have already criminalised
ecocide, the EU will now become the first international
organisation to do so. The February vote in the EU Parliament was
passed by a significant majority: 499 votes in favour, 100 against
and 23 abstentions.
In particular, the environmental crime directive:
– Contains an updated list of environmental criminal
offences, including illegal timber trade, depletion of water
resources, serious breaches of EU chemicals legislation and
pollution caused by ships. Liability under the directive may extend
to both legal persons (such as companies) and individuals
including, if the relevant conditions for criminal liability are
met, board members of companies. The directive also sets out
limitation periods for different types of criminal offences.
– Introduces a so-called "qualified criminal
offence". This will apply to criminal offences which have
particularly catastrophic results, such as widespread pollution,
industrial accidents with severe effects on the environment or
large-scale fires. Criminal offences will be "qualified
criminal offences" if the conduct in question causes:
(1) the destruction of, or widespread and substantial damage which is either irreversible or long lasting to, an ecosystem of considerable size or environmental value or a habitat within a protected site; or
(2) widespread and substantial damage which is either irreversible or long lasting to the quality of air, soil or water.
– Sets out a range of penalties that may apply to
offenders. Depending on the circumstances and whether the offender
is an individual or corporate, penalties may include fines, a
requirement that offenders reinstate the damaged environment and
compensate for it, and (in respect of individuals) terms of up to
five years imprisonment. In the case of "qualified criminal
offences", punishments will be more severe and (in respect of
individuals) could include up to eight years' imprisonment or
up to 10 years in the case of offences causing the death of a
person.
– Introduces a requirement for Member States to hold
specialised regular training for police, judges, prosecutors and
judicial staff and organise awareness-raising campaigns to fight
environmental crime.
The directive will now be considered and voted on by the European
Council this month. Member States will then have two years in which
to align their national laws with the directive.
Maria Cronin comments:
"This is a landmark development. By passing the environmental
crime directive, EU Member States have shown that they are
committed in principle to pursuing and penalising those responsible
for the most serious cases of environmental harm. However, we will
have to wait to see how national laws are enforced in practice,
once they have been aligned with the directive, and whether they
have sufficient teeth to tackle the growing crisis of environmental
crime. Focus will also be on other international organisations,
including the International Criminal Court, to see whether they now
follow suit."
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