The European Parliament has approved a new directive against environmental crimes. But large companies may still be able to keep committing them.
On Tuesday 27 February, the European Parliament adopted new rules on combating environmental crimes. This is a new directive, which was adopted with 499 votes in favour, 100 against and 23 abstentions. The text provides for updates (including in terms of penalty frameworks) on infringements such as the illegal trade in timber, the depletion of water resources, and violations of regulations related to the use of chemical substances.
This is, however, a directive that guarantees some steps forward while also raising concerns, particularly with regard to the sanctions provided for those who commit such environmental crimes. One positive development is undoubtedly the inclusion of so-called "qualified offences" — that is, those that are particularly serious, comparable to ecocide.
Another element to welcome is the introduction of the principle linked to "support and assistance in the context of criminal proceedings for whistleblowers (whitleblower) who report environmental crimes." As well as the obligation on member states "to organise specialist training courses for law enforcement officers, judges and prosecutors, draw up national strategies and organise awareness-raising campaigns against environmental crime."
"The time has come for the fight against cross-border crime to take on a European dimension," commented the rapporteur for the European Parliament Antonius Manders (conservative), "with harmonised and dissuasive sanctions that prevent new environmental crimes. With this agreement, the polluter pays. Any company executive responsible for causing pollution can be held accountable for their actions, as can the company itself. With the introduction of the duty of due diligence, moreover, there will be no way of hiding behind permits or legislative loopholes."
What does give pause for thought, however, as mentioned, is the question of sanctions. The directive provides that "for companies the amount will depend on the nature of the offence: it may be equal to 3 or 5% of annual worldwide turnover or, alternatively, to 24 or 40 million euros." Manders himself has acknowledged that, in practice, each state has the option of combining flat-rate sanctions — the ceiling for which, precisely, cannot exceed 40 million euros: "A figure like that, for large companies, amounts to nothing," he stated.
The risk, in short, is that large multinationals may knowingly choose to face the sanction, knowing that it has a maximum cap that is manageable for them — and possibly far lower than the profits that can be derived from the environmental crimes committed.
The directive, in any case, will not be amended at this stage. It will enter into force on the twentieth day following its publication in the Official Journal of the EU. Member states will then have two years to transpose the rules into their national legal systems.
