The number of punishable environmental crimes in the European Union is being significantly increased, and the penalties are also being significantly increased. The European Parliament has overwhelmingly approved a new EU directive against environmental crime. Environmental crimes are now the third largest source of income for organized crime after drugs and human smuggling.
The battle with environmental criminals is also intensified. People or entrepreneurs who commit environmental crimes will from now on be sentenced to prison. Its length depends on how long-lasting, severe or reversible the environmental damage is. Qualified crimes will soon be punishable by eight years in prison, and offenses involving killing will in future be punishable by ten years in prison. Other criminal offenses will soon be subject to a maximum prison sentence of five years.
The updated list of environmental crimes includes illegal timber trade, pollution from ships and breaches of the EU chemical legislation. It also concerns 'qualified crimes', such as major forest fires or extensive pollution of the air, water and soil. This leads, among other things, to the destruction of ecosystems, comparable to ecocide. It must be clear that the perpetrators/polluters knew that their act (or omission) was punishable, and that it was done (=intentionally) nevertheless.
According to co-negotiator Toine Manders (CDA), the new EU guideline will have a 'dynamic' character to enable interim adjustments, and in some cases even a backward look. He pointed out that environmental crime is developing rapidly and is constantly using new techniques and methods. Apparently 'ordinary' business activities can also be harmful (to people or the environment), and therefore also punishable.
“It is time that we combat this cross-border crime at EU level through harmonized and deterrent sanctions,” Manders said. 'With this agreement, the bill lies with the polluter.' Moreover, it is important that people in management positions at polluting companies, as well as the companies themselves, are held accountable. 'With the introduction of a duty of care, there is no longer any room to hide behind permits or loopholes in the legislation.'
EU countries will soon be able to decide for themselves whether they also prosecute criminal offenses that were not committed on their own territory. It is therefore possible that environmental criminals who cause damage in third countries will be prosecuted by a EU member state. The EU countries must also organize specialized training for police officers, judges and prosecutors.