MEPs vote to outlaw green crimes

The European Parliament’s Legal Affairs committee has backed plans to criminalise acts that cause environmental damage in a move that could compel member states to press sanctions on offenders.

In a close vote on 8 April, 15 committee members voted in favour of considering acts which instigate environmental damage as crimes, while 11 voted against. There were two abstentions. 

The list of punishable crimes would include unlawful emissions of substances into the air, soil or water in a way likely to cause “substantial damage” to the environment or “death or serious injury”. 

The vote follows a Commission proposal in February 2007 (EURACTIV 08/02/07) calling for member states to act against offenders through imposing sanctions. The committee’s report backs the idea that environmental damage should be considered a criminal offence. Member states which currently deal with such crimes under civil law should apply “effective, proportionate and dissuasive” verdicts on offenders, it states. 

Possible punishments would range from one to ten years’ imprisonment depending on the severity of the offence. In addition to sentences, fines ranging from 350,000 euros to 1,500,000 euros could be levied. 

However, MEPs sided with member states in saying the directive must only apply to EU environmental legislation and not national legislation. 

The move comes as a blow to the Commission, whose initial proposal was intended to cover the whole spectrum of environmental laws in Europe. But this was widely viewed as an attempt to interfere in member states’ sovereignty in criminal law. 

MEPs also adapted the original text to allow for an amendment made by the European Court of Justice, allowing the EU to implement criminal measures where it has competence, notably in the common transport and environment policies. 

Member states are expected to reach a common position later this month, while a first-reading vote in the Parliament plenary is due in mid-May. 

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