Environmental crimes are an extremely lucrative sector of organized crime, ranking fourth in terms of activity. Every year, these crimes cause damage amounting to hundreds of billions of euros, according to European authorities. The existing regulations on sanctions under Directive 2008/99/EC have been insufficient in ensuring compliance with the Union's environmental protection laws. Therefore, the EU has decided to introduce tougher penalties for serious environmental offenses. The EU has therefore agreed on the "Directive on the Criminal Protection of the Environment," which came into force on May 20, 2024. Member states now have two years to transpose the directive into national law. During this period, national legislators must incorporate the minimum requirements of the directive into their own legal frameworks. The new directive sets minimum standards for defining criminal offenses and sanctions to ensure more effective environmental protection, as well as measures to prevent and combat environmental crime and to effectively enforce the Union's environmental laws.
The existing list of environmental offenses from Directive 2008/99/EC has been expanded to include additional criminal acts. The new offenses include, among others, serious violations of chemical regulations. Particularly noteworthy are the new provisions for handling hazardous waste.
"Environmental murders," or intentional environmental crimes leading to the death of a person, can be punished with prison sentences of up to ten years. Companies will also face harsher penalties for violations. Possible fines can amount to up to 5% of the annual global turnover or up to 40 million euros. Additionally, non-criminal measures can be imposed, such as requiring the offender to restore the previous state of the environment within a certain period if the damage is reversible or to pay compensation for environmental damage if the damage is irreversible or if the offender is unable to restore the previous state of the environment. Moreover, there can be exclusions from access to public funding, including tender procedures, subsidies, permits, and licenses.
