Companies that commit environmental crimes in the European Union, including in Romania, risk fines of up to 5% of their global turnover or, alternatively, up to 40 million euros, according to a draft European directive adopted on Tuesday by the European Committee. The Parliament gathered for a plenary session in Strasbourg.

The new directive, agreed with the EU Council on November 16, 2023, was adopted by 499 votes in favor, 100 against and 23 abstentions. The directive will enter into force 20 days after its publication in the Official Journal of the European Union. Member states will have two years to transpose it into national law.

The forthcoming directive updates the list of criminal offences, which now include illegal timber trade, water depletion, serious breaches of EU chemicals legislation and pollution from ships.

According to a statement from the European Parliament, MEPs made sure that the new rules cover so-called “qualified offences”, such as large-scale forest fires or large-scale pollution of air, water and soil, which lead to ecosystem destruction. and thus they can be compared to ecocide.

Penalties, including imprisonment and fines

Environmental crimes committed by individuals and company representatives will be punished by imprisonment depending on the duration and severity of the damage and its reversibility. Crimes are punishable by up to eight years of imprisonment, those that cause the death of a person – ten years of imprisonment, other crimes – up to five years of imprisonment.

All violators will be required to restore the damaged environment and provide compensation. They are also liable for fines. Fines for companies will reach 3% or 5% of their global turnover, or 24 or 40 million euros, depending on the nature of the crime they committed. Member States will be able to decide whether to prosecute violations that occurred outside their territory.

Courses for police officers and prosecutors

MEPs have insisted that whistleblowers who report environmental crimes receive support and assistance in the context of criminal proceedings.

MEPs also ensured that member states will provide specialized training for police officers, judges and prosecutors, prepare national strategies and conduct information campaigns to combat environmental crimes, the European Parliament said in an official statement.

The data collected by the governments of the Union countries on environmental crimes will contribute to the fight against them and help the Commission to regularly update the list of environmental crimes and sanctions.

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