From this Thursday, the Member States of the European Union must adapt their national laws to the Environmental Crimes Directive (2024/1203), approved in April 2024.
The regulation expands the list of environmental crimes and establishes penalties of up to 10 years in prison for the most serious offenses that cause the death of a person.
The measure responds to the increase in highly lucrative illicit activities, often linked to organized crime, and seeks to strengthen environmental protection through criminal law.
New Categories of Crimes
The directive incorporates behaviors that were not previously classified:
- Illegal ship recycling.
- Illegal water extraction.
- Serious violations with chemicals and mercury.
- Crimes related to fluorinated greenhouse gases.
- Illegal timber trade.
- Substantial damage to protected ecosystems.
- Pollution caused by ships.
- Introduction of invasive species.
Additionally, the concept of “qualified crime” is introduced, applicable to cases of widespread destruction or lasting environmental damage.
Penalties and Sanctions
- Up to 10 years in prison: when the environmental crime causes the death of a person.
- Up to 8 years: for the most serious qualified crimes.
- Up to 5 years: for other offenses.
- Corporate fines: between 3% and 5% of annual global turnover or up to 40 million euros.
Companies may also be sanctioned with the revocation of permits, exclusion from public funding, and the obligation to restore the damaged environment.
Training and Resources
The directive requires that judges, prosecutors, inspectors, and specialized police have adequate training and resources. It also provides support for environmental defenders involved in criminal proceedings.
National Adaptation and Delays
Although the legal deadline expired this Thursday, some countries have not yet transposed the directive. Among them is Spain, whose delay was criticized by WWF:
“Environmental protection cannot remain in political statements. Without updated laws, sufficient resources, and specialized courts, many environmental crimes will continue to go unpunished.”
The European Commission could initiate infringement proceedings against non-compliant States.
Importance of Harmonization
The new regulation is key for several reasons:
- European harmonization: expands the catalog of crimes from 9 to 18 and avoids “legal havens.”
- Severe and deterrent penalties: comparable to the concept of “ecocide,” although not explicitly mentioned.
- Corporate responsibility: economic sanctions and additional measures to ensure damage repair.
- Global protection: recognizes that environmental crimes are transnational and affect international supply chains.
The Environmental Crimes Directive marks a milestone in European criminal policy, moving from simple fines to real deterrent consequences. Its implementation seeks to curb impunity, protect strategic ecosystems, and ensure that companies and individuals responsible for environmental damage face penalties proportional to the severity of their actions.
