EU lawmakers approve penalties including prison and fines for environmental crimes

Legisladores da UE aprovam penalidades, incluindo prisão e multas por crimes ambientais

The European Parliament announced that it has adopted new rules on environmental crimes and related sanctions, aimed at strengthening the protection of ecosystems, including expanding the list of criminal environmental offences, and harmonized sanctions, including fines and imprisonment.

The new directive, which was approved by MEPs by 499-100 votes, will now come into force, with EU member states being given two years to integrate the rules into their national systems.

The approval of the new directive follows the introduction of a European Commission proposal in 2021 that aims to strengthen environmental protection and address the rise in environmental crimes, with environmental crimes representing the fourth largest criminal activity globally, according to the Commission.

New acts that are considered criminal offenses under the new directive include the illegal trade in timber, the depletion of water resources, the import and use of mercury and fluorinated greenhouse gases, the import of invasive species and pollution caused by ships.

The new rules also include stricter sanctions for “qualified offences” that cause the destruction of an ecosystem or habitat within a protected site, such as large-scale forest fires or widespread damage to air, soil or water quality.

According to the new directive, individuals and company representatives who commit environmental crimes may be punished with a prison sentence, depending on the extent and severity of the damage caused, with qualified crimes being punishable by eight years, crimes that cause the death of person with ten years, and other crimes with up to five years.

For businesses, fines under the new directive will reach 3% or 5% of global annual revenues, or alternatively 24 or 40 million euros, depending on the nature of the crime, and all offenders would be required to compensate for the damaged environment and restore it. -O.

Following the approval of the new directive, European Parliament rapporteur Antonius Manders (PPE, NL) stated:

“It is high time we combat cross-border crimes at EU level with harmonized and dissuasive sanctions to prevent new environmental crimes. Under this agreement, polluters will pay. Furthermore, it is a huge step in the right direction that anyone in a leadership position in a company responsible for pollution can be held accountable, as well as the company itself. With the introduction of due diligence, there is no longer anywhere to hide behind licenses or legislative loopholes.”

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