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Subject : Proposal for a Directive of the European Parliament and of the Council on the protection of the environment through criminal law
Delegations will find annexed information from the Commission on the above subject, which will
be dealt with under "other business" at the meeting of the Council (Environment) on
20 February 2007.
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ANNEX
Proposal for a Directive of the European Parliament and of the Council on the protection of
the environment through criminal law
INFORMATION NOTE FROM THE COMMISSION SERVICES
On 9 February 2007 the Commission adopted a new proposal for a Directive on the protection of the environment. The objective of the Directive is to establish criminal law measures in order to protect the environment more effectively. The proposed Directive lists nine offences that have to be treated as crimes in the Member States, if committed intentionally or with serious negligence. This is to be seen as a minimum list. Member States will have to ensure that these offences are subject to dissuasive, proportionate and effective sanctions. They will have to ensure that the participation in or the instigation of these offences is also considered a criminal offence. Legal persons will have to be held liable for environmental offences committed for their benefit by any person who has a leading position within the legal person. This liability can be of criminal or other nature. The proposed Directive sets out minimum requirements for the maximum levels of sanctions for offences committed under aggravating conditions. The proposed aggravating conditions are the commission of offences with serious negligence or intentionally causing death or serious injury of persons, the substantial damage to the environment or the commission in the framework of criminal organisation. For natural persons, ranges of maximum prison sentences of at least between 1and 3 years, between 2 and 5 years and between 5 and ten years, depending on the gravity of the case, are proposed. For legal persons, ranges of maximum fines of at least between 300.000 and 500.000, between 500.000 and 750.000 and between 750.000 and 1.500.000, depending on the gravity of the case, are proposed.
It is up to Member States to set the minimum levels of sanctions. The proposed levels of penalties are minimum requirements. Member States may impose more stringent penalties. Member States may impose other additional sanctions on legal persons, such as the obligation to reinstate the environment, the disqualification from the practice of industrial or commercial activities, or the winding-up of the company. Member States will have 18 months to transpose the directive into national law. The proposal requires Member States to report on the implementation of the Directive every three years. This proposal replaces the Commission's previous proposal for a Directive on the protection of the environment through criminal law adopted in 2001. It takes into account the judgment of the European Court of Justice in case C-176/03 and new developments in environmental legislation.
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