On December 2021 the European Union proposed a draft law that aimed to combat environmental crimes committed within its member states. The draft law, publicly announced in 2022, seeks to establish a more unified and effective legal framework for addressing environmental offences, which are estimated to cost the EU billions of euros each year.
The proposed law would define environmental crimes as intentional or negligent acts that cause significant harm to the environment, including pollution, destruction of protected habitats, illegal waste disposal, and illegal trade in endangered species. It would also establish a list of offences that would be punishable by fines, imprisonment, or both.
Moreover, on March 21 of this year, EU lawmakers toughened up this draft on illegal timber trade and other environmental crimes, with sanctions that could also lead to 10 years of imprisonment for the most serious offences.
The draft law would also require member states to establish environmental crime units within their law enforcement agencies to investigate and prosecute environmental offences. These units would have the power to conduct inspections, gather evidence, and collaborate with other law enforcement agencies across the EU.
In addition, the member states shall establish a system of penalties for environmental crimes that would be both effective and proportionate, including financial penalties, the seizure of assets used in the commission of environmental crimes, and the imposition of custodial sentences where appropriate.
Antonius Manders, the Dutch centre-right member of the European Parliament’s legal affairs committee, explained that “there can be no more excuses when it comes to environmental crime”, when justifying the committee’s decision to consider a criminal offence any conduct which causes or is likely to cause death or serious harm to any person’s health, quality of air, soil, water, animals or plants.
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