Environmental Crime – The Law – The Actions – The Penalties

Environmental crime essentially includes those illegal activities that undermine regulations and can lead to severe ecological and public health consequences. In the European Union (EU), the Environmental Crime Directive (Directive 2008/99/EC) is the primary legislative framework addressing environmental crime. It mandates that member states treat significant violations as criminal offenses, ensuring effective, proportionate and dissuasive penalties, aiming to create a unified approach to combating environmental crime across the EU.

Addressing environmental crime is crucial for safeguarding public health, protecting biodiversity, and ensuring sustainable development. Such crimes can cause severe pollution, habitat destruction and species loss, threatening ecosystems and human well-being. Effective enforcement of environmental laws prevents illegal activities, promotes compliance and encourages responsible business practices. It also supports the EU’s commitment to global environmental standards and climate change mitigation, fostering a healthier, more resilient environment for future generations.

The Environmental Crime Directive defines various activities that violate environmental regulations and cause significant ecosystem damage, and theses can be generally grouped into seven main areas of concern. Each violation involves broadly defined actions and damaging outcomes that the Directive seeks to prevent:

Illegal emissions and discharges represent a significant form of environmental crime, involving the unlawful release of pollutants into the air, water or soil. This can include unauthorised industrial emissions, improper waste disposal, and accidental or deliberate spills. For example, a factory discharging untreated wastewater into a river or a company emitting excessive air pollutants without the necessary permits are clear violations. Such actions can lead to severe environmental damage, including water contamination, air pollution and soil degradation, harming ecosystems, wildlife and human health. Addressing these illegal activities is crucial to maintaining environmental integrity and public safety.

The illegal trade in wildlife involves the unauthorised trade in endangered species. This illicit activity encompasses the poaching and trafficking of animals and plants protected under international and EU laws. Examples of such crimes include the illegal hunting of elephants for ivory, the capture of exotic birds for the pet trade, and the harvesting of rare plants for traditional medicines. These actions inflict severe ecological damage, disrupting ecosystems, driving species toward extinction, and undermining conservation efforts. Furthermore, the illegal wildlife trade poses risks to public health by facilitating the spread of zoonotic diseases.

Waste management violations represent a critical form of environmental crime involving the illegal shipment, dumping and treatment of hazardous and non-hazardous waste. These violations encompass activities such as the unauthorised disposal of toxic industrial chemicals, the illegal export of electronic waste, and the improper handling of medical waste. Such actions can cause significant environmental damage, contaminating soil and water sources and harming wildlife. Additionally, these violations pose serious health risks to humans, including exposure to carcinogens and other harmful substances, leading to long-term public health issues. Effective regulation and enforcement are essential to mitigate these risks and protect both the environment and public health.

Pollution, as a form of environmental crime, involves significant contamination caused by the illegal operation of plants and facilities that fail to comply with environmental regulations concerning emissions and waste management. This includes activities such as unauthorised release of industrial pollutants into the air and water, improper disposal of hazardous waste, and exceeding legal emission limits. Examples include factories emitting toxic chemicals into rivers or companies discharging untreated wastewater. Such actions can lead to severe environmental degradation, harming aquatic and terrestrial ecosystems, and pose serious health risks to nearby communities, including respiratory issues, cancers and other diseases. Strict enforcement of environmental laws is crucial to prevent these detrimental impacts.

Unauthorised use of protected areas is a severe form of environmental crime involving the illegal exploitation of designated conservation sites. This includes activities such as logging, mining and construction within these protected regions, which are intended to preserve biodiversity and natural ecosystems. Examples include illegal deforestation in national parks, unauthorised mining operations in wildlife reserves, and unpermitted construction in marine sanctuaries. Such actions can lead to the destruction of habitats, loss of biodiversity, soil erosion and water pollution, undermining conservation efforts and threatening endangered species. Strict legal enforcement is essential to protect these vital areas from exploitation and degradation.

Harmful activities affecting biodiversity includes all actions that lead to the destruction or significant degradation of habitats, thus negatively impacting biodiversity. These activities include illegal deforestation, unsustainable agricultural practices, and unregulated urban expansion. For example, illegal logging in rainforests, overfishing in marine ecosystems, and uncontrolled development in wetlands can devastate local flora and fauna. Such actions disrupt ecological balance, lead to species extinction, and degrade ecosystem services essential for human well-being. Protecting biodiversity requires stringent enforcement of environmental laws and sustainable practices to preserve habitats and ensure the survival of diverse species.

Non-compliance with permits is significant as it involves the undertaking of activities that require specific permits without obtaining them or failing to adhere to the conditions specified in environmental permits. Examples of this include operating a factory without emission permits, discharging pollutants beyond the permitted levels, and constructing buildings in restricted zones without approval. Such actions can lead to severe environmental damage, including air and water pollution, habitat destruction, and increased health risks to nearby populations. Ensuring strict adherence to permit requirements is essential for safeguarding environmental integrity and public health, necessitating rigorous monitoring and enforcement by regulatory bodies.

How Does the Law Operate in the EU?

The EU’s approach to combating environmental crime combines criminal law and administrative measures for comprehensive protection. Under Directive 2008/99/EC, member states must classify serious environmental offenses as criminal acts if committed intentionally or with serious negligence, ensuring effective, proportionate and dissuasive penalties.

The EU emphasises cross-border cooperation as many environmental crimes transcend national boundaries. The Directive creates a cohesive legal framework across member states, ensuring uniformity in defining offenses and penalties. This harmonisation prevents legal discrepancies exploitation and supports training law enforcement and judicial authorities to enhance their capacity against environmental crime. These measures aim to bolster environmental protection and promote sustainable development across the region.

Strengthening the Response

In a significant move to strengthen its response to environmental crime, the EU has introduced a new Directive on the protection of the environment through criminal law (ECD), set to replace Directive 2008/99/EC. The European Council and the European Parliament reached a provisional agreement in November 2023, with the European Parliament adopting the ECD on 27 February 2024. The new Directive extends the list of environmental crimes and introduces harsher penalties to ensure more effective enforcement.

Key updates include the addition of crimes such as illegal timber trade, depletion of water resources, serious breaches of EU chemicals legislation, and ship-induced pollution, expanding the number of recognised offences from 9 to 18. The ECD also defines ‘qualified offences’, like large-scale forest fires and widespread pollution, which can now be equated to ecocide. Penalties under the ECD are stringent, with individuals and business representatives facing imprisonment and businesses incurring fines up to 5% of their yearly worldwide turnover. Member States will now have two years to incorporate these rules into their national laws.

Conclusion

Despite progress, environmental crime remains a challenge in the EU, harming ecosystems and public health, necessitating ongoing vigilance and enhanced enforcement. Directive 2008/99/EC has positively impacted by establishing a unified legal framework, leading to more consistent penalties and greater deterrence. Improved cross-border cooperation and enhanced law enforcement training have also contributed to more effective combat against environmental crime. Continued commitment to enforcement and international collaboration is essential to protect the EU’s environmental integrity.