On Wednesday 4 June, MEPs from the European Parliament’s Committee on Legal Affairs (JURI) organised an interparliamentary meeting on the implementation of the Environmental Crime Directive, which came into force on 20 May (see EUROPE 13413/34). The aim is to prepare for its effective transposition by 21 May 2026.
The chair of the JURI committee, Ilhan Kyuchyuk (Renew Europe, Bulgarian), noted that the aim of this text is to “guarantee more effective protection of the environment” by harmonising the definition of offences and penalties at a European level.
This directive replaces the 2008 directive, which was deemed to be insufficiently binding and poorly applied in the Member States.
Félix Bloch, Head of Unit at the European Commission’s Directorate-General for Environment (DG ENV), spoke about the importance of this issue. Environmental crime is the fourth most profitable criminal activity in the world.
The new directive includes “an exhaustive list of twenty environmental crimes”, including the illegal trade in waste, breaches of legislation on chemicals and failure to comply with rules on invasive species. It also paves the way for the concept of “ecocide”, which is already recognised in several pieces of legislation at national level, notably in Belgium.
Peter József Csonka, Head of Justice Policy at the European Commission’s Directorate-General for Justice and Consumers (DG JUST), went on to explain that the directive provides for “effective, dissuasive and proportionate” penalties, ranging from up to 10 years’ imprisonment for the most serious offences, and up to €40 million or 5% of worldwide turnover for companies. This major change consists of introducing a mechanism for calculating fines based on turnover, as is the case in competition law.
Different approaches were taken by the representatives of the national parliaments, who nevertheless agreed that there was a need for greater coordination, support for whistleblowers and the mobilisation of human and financial resources.
In Belgium, for example, a reform of the Penal Code is intended to make ecocide an autonomous crime. In Germany, where there are limitations to corporate criminal law, the transposition will be based on a system of fines.
Italy has detailed its system for combating environmental crime, which includes a bicameral parliamentary committee of inquiry that has existed since 1996.
The Romanian representative supported the rigorous implementation of criminal liability for legal persons.
In the Netherlands, parliamentarians expressed scepticism about the effectiveness of prosecutions in complex cases.
The speakers demonstrated that the effectiveness of the text would not just be down to its legislative ambition, but would also depend on its capacity to produce concrete effects on the ground. While some countries have already adapted their legal resources, others will have to reconsider their judicial practices and structures. Over the coming months, the way in which investigations are conducted, the specialisation of magistrates and cooperation between agencies will all be crucial. (Original version in French by Nithya Paquiry)