The European Parliament’s rapporteur on the directive introducing environmental criminal offences, Antonius Manders (EPP, Dutch), says that the timetable for the vote on his report may have to be revised. In the Committee on Legal Affairs (JURI) on Tuesday 29 November, he indicated that the vote in committee could be postponed to February or even March, if necessary. It was initially scheduled for January in the JURI Committee and February for the plenary.
He and his colleagues have already submitted over 500 amendments to the text. “It is necessary to take sufficient time to really consider and discuss these amendments. [...] This is a difficult and complex issue”, he told his colleagues from the different groups. The only two JURI colleagues who took the floor, Pascal Durand (Renew Europe, French) and Gilles Lebreton (ID, French), agreed.
Several points will be the subject of intense discussions, starting with the introduction, or not, of the term “ecocide”. Antonius Manders stated that it is better to refer to a UN definition of this term, for a uniform result in the Member States, but this does not yet exist. Some groups are concerned that the adoption of a definition at the international level is taking too long.
Pascal Durand considers that this is a good moment, symbolically, to introduce a definition of ecocide in the European Parliament report.
List of offences
On criminal offences, MEPs will also have to agree on whether to list in detail the offences falling within the scope of the directive or to have a general framework definition for environmental damage. The latter solution is suggested by the rapporteur.
For Gilles Lebreton, on the other hand, a precise list of offences is needed to comply with the principle of the legality of incrimination in criminal law. “This is legal certainty and it is fundamental”, he said.
Sirpa Pietikäinen (EPP, Finnish), who represented the Committee on the Environment, Public Health and Food Safety (ENVI) in the debate, also called for a specific list of infringements.
Sanctions
Another issue that has been the subject of intense negotiations in the EU Council in recent weeks is the level of sanctions for legal persons committing environmental offences (see EUROPE 13042/6) .
It would make sense to base this on a 10% percentage of a company’s global turnover over the last 3 years, says Mr Manders: “My justification is that it is the same percentage as in European competition law”.
The Commission has proposed fines ranging from 3 to 5% of turnover.
On the EU Council side, Member States hope to reach a general approach for the ministers of Justice’s meeting on 9 December. In June, they adopted a partial approach that left the issue of sanctions aside. (see EUROPE 12968/11). (Original version in French by Léa Marchal)