The interinstitutional negotiations that took place on Monday 2 October on the revision of the directive on the protection of the environment through criminal law were expected to be the last. However, no agreement was reached, with the Council of the European Union indicating, according to a source close to the matter, that it had no mandate from the Member States to finalise the text.
A number of technical points were resolved at the multiple meetings held in mid-July and September concerning this proposal submitted by the Commission in December 2021 (see EUROPE 12854/17), which aims to increase the effectiveness of the investigation and prosecution of environmental criminal offences throughout the European Union. Nevertheless, political issues remain under discussion. According to a parliamentary source, there are still disagreements over the general clause in Article 3.1a concerning offences.
The Parliament, which made this article a priority - along with Article 2.1 on the definition of “environmental damage” - added to the list of environmental offences in the original proposal those such as the cultivation of genetically modified organisms, behaviour causing forest fires and offences relating to illegal, unreported and unregulated fisheries.
The issue of sanctions is also a major point of contention. As a reminder, with regard to sanctions for individuals, Parliament is proposing at least 10 years’ imprisonment for offences causing death or damage to health, as well as major environmental damage. For other offences, sentences of 4 to 6 years are envisaged, depending on the scale, seriousness and duration of the offence. Legal entities, for their part, could be fined at least 10% of their average worldwide turnover over the last three financial years, instead of the 5% initially envisaged (see EUROPE 13146/3).
Further interinstitutional negotiations at political level are expected in mid-November. (Original version in French by Nithya Paquiry)