Proposal for a Directive of the European Parliament and of the Council on the Protection of the Environment through Criminal Law
Date: 2001-03-13
Institutions: European Commission
Subjects: criminal law, environmental law, environmental offence, environmental protection, infringement of EU law, sanction (EU)

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Official Journal of the European Communities

26.6.2001

Proposal for a Directive of the European Parliament and of the Council on the Protection of the
Environment through Criminal Law

(2001/C 180 E/20)

COM(2001) 139 final (cid:151) 2001/0076(COD)

(Submitted by the Commission on 15 March 2001)

THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) Under Article 174(2) of the Treaty Community policy on
the environment must aim at a high level of protection.

(2) The Community is concerned at the rise in environmental
offences and their effects, which are increasingly extending
beyond the borders of the States in which the offences are
threat
committed.
the
environment
an appropriate
response.

Such offences pose
call
and therefore

a
for

to

(6) Entrusting to judicial authorities, rather than adminis-
trative authorities the task of imposing sanctions, entails
giving responsibility for investigating and enforcing the
respect of
to authorities
which are independent of those which grant exploitation
licences and discharge authorisations.

environmental

regulations

(7) In

to

order

achieve

effective

the
environment, there is particular need for more dissuasive
sanctions for polluting activities which typically cause or
are
the
environment.

significant deterioration of

likely to cause

protection

of

(8) Therefore, those activities should be considered criminal
offences throughout in the Community, when they are
committed intentionally or with serious negligence, and
should be subject
involving in
serious cases deprivation of liberty.

to criminal penalties,

(9) Participation in and instigation of such activities should
also be considered a criminal offence, in order to achieve
effective protection of the environment. This is also true
for failures to comply with a legal duty to act, because
such failures can have the same effects as active behaviour
and should therefore be
to corresponding
sanctions.

subject

(10) Legal persons

to effective,
should also be
dissuasive and proportionate sanctions throughout
the
Community, because breaches of Community law to a
legal
large extent are committed in the interest of
persons or for their benefit.

subject

(3) Activities breaching Community law and/or rules adopted
by Member States in order to comply with Community
and
law should be
proportionate sanctions at national level throughout the
Community.

to effective, dissuasive

subject

(4) Experience has

shown that

the existing systems of
sanctions have not been sufficient to achieve complete
compliance with Community law. Such compliance can
and should be
strengthened by the application of
criminal sanctions, which demonstrate a social disap-
proval of a qualitatively different nature compared to
administrative sanctions or a compensation mechanism
under civil law.

(5) Common rules on criminal sanctions would make it
possible to use methods of investigation and assistance
within and between Member States, which are more
effective than the tools available under administrative
cooperation.

(11) Member States

information to the
Commission on the implementation of this Directive, in
order to enable it to evaluate the effect of this Directive.

should provide

(12) This act respects fundamental rights and principles as
recognised notably in the Charter of fundamental rights
of the European Union,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

The purpose of this Directive is to ensure a more effective
application of Community law on the protection of
the
environment by establishing throughout
the Community a
minimum set of criminal offences.

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Article 2

Definitions

(a) As concerns natural persons, Member States shall provide
for criminal penalties, involving in serious cases deprivation
of liberty.

For the purpose of this Directive

(a)

(cid:145)legal person(cid:146) means any legal entity having such status
for States or
under the applicable national
other public bodies acting in the
their
sovereign rights and for public international organisations;

exercise of

law, except

(b) (cid:145)activities(cid:146) means active behaviour and failure to act, insofar

as there is a legal duty to act.

Article 3

Offences

Member States shall ensure that the following activities are
criminal offences, when committed intentionally or with
serious negligence, as
they breach the rules of
Community law protecting the environment as set out in the
Annex and/or rules adopted by Member States in order to
comply with such Community law:

far as

(a) the discharge of hydrocarbons, waste oils or sewage sludge

into water;

(b) the discharge, emission or introduction of a quantity of
soil or water and the treatment,
of
transport,

into air,
storage,

import

export

or

materials
disposal,
hazardous waste;

(c)

the discharge of waste on or into land or into water,
including the operation of a landfill;

(d) the possession, taking, damaging, killing or trading of or in
protected wild fauna and flora species or parts thereof;

(e)

the significant deterioration of a protected habitat;

(f)

trade in ozone-depleting substances;

(b) As concerns natural and legal persons, where appropriate,
fines, exclusion from
Member States shall provide for
entitlement
temporary or
permanent disqualification from the practice of commercial
activities, placing under
judicial
winding up orders.

to public benefits or aid,

judicial supervision or

Article 5

Reporting

Every three years, Member States shall transmit information to
the Commission on the implementation of this Directive in the
form of a report. Based on these reports, the Commission shall
submit a Community report to the European Parliament and
the Council.

Article 6

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by [1 September 2003] at
the latest. They shall
forthwith inform the Commission thereof.

2. When Member States adopt those provisions, they shall
contain a reference to this Directive or be accompanied by
such a reference on the occasion of their official publication.
The methods of making such a reference shall be laid down by
the Member States.

3. Member States shall communicate to the Commission the
texts of the provisions of national law which they adopt in the
field covered by this Directive.

(g) the operation of a plant in which a dangerous activity is
carried out or in which dangerous substances or prep-
arations are stored or used.

Article 7

Entry into force

Article 4

Sanctions

This Directive shall enter into force on the twentieth day of its
publication in the Official Journal of the European Communities.

Member States shall ensure that the offences referred to in
Article 3, and the participation in or instigation of such
and
offences
dissuasive sanctions.

are punishable by effective, proportionate

Article 8

Addressees

This Directive is addressed to the Member States.

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Official Journal of the European Communities

26.6.2001

ANNEX

LIST OF COMMUNITY LAW PROVISIONS PROTECTING THE ENVIRONMENT, REFERRED TO IN ARTICLE 3 (1)

Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to
measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles (2);

Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating to the
measures to be taken against the emission of pollutants from diesel engines for use in vehicles (3);

Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils (4);

Council Directive 75/442/EEC of 15 July 1975 on waste (5);

Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the
aquatic environment of the Community (6);

Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative
provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances
and preparations (7);

Council Directive 77/537/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to the
measures to be taken against the emission of pollutants from diesel engines for use in wheeled agricultural or forestry
tractors (8);

Council Directive 78/176/EEC 20 February 1978 on waste from the titanium dioxide industry (9);

Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection
products containing certain active substances (10);

Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (11);

Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by
certain dangerous substances (12);

Regulation (EEC) No 348/81 of 20 January 1981 on common rules for imports of whales or other cetacean
products (13);

Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury discharges by the
chlor-alkali electrolysis industry (14);

Council Directive 83/129/EEC of 28 March 1983 concerning the importation into Member States of skins of certain seal
pups and products derived therefrom (15);

Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges (16);

(1) The legislation referred to hereafter includes the amendments of the legislation which have been adopted until 1 March 2001.
(2) OJ 1970, L 76, p. 1.
(3) OJ 1972, L 190, p. 1.
(4) OJ 1975, L 194, p. 23.
(5) OJ 1975, L 194, p. 39.
(6) OJ 1976, L 129, p. 23.
(7) OJ 1976, L 262, p. 201.
(8) OJ 1977, L 220, p. 38.
(9) OJ 1978, L 54, p. 19.
(10) OJ 1979, L 33, p. 36.
(11) OJ 1979, L 103, p. 1.
(12) OJ 1980, L 20, p. 43.
(13) OJ 1981, L 39, p. 1.
(14) OJ 1982, L 81, p. 29.
(15) OJ 1983, L 91, p. 30.
(16) OJ 1983, L 291, p. 1.

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Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors
other than the chlor-alkali electrolysis sector (1);

Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants (2);

Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachloro-
cyclohexane (3);

Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when
sewage sludge is used in agriculture (4);

Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous
substances included in List I of the Annex to Directive 76/464/EEC (5);

Council Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to
the measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles (6);

Council Directive 88/609/EEC of 24 November 1988 on the limitation of emissions of certain pollutants into the air
from large combustion plants (7);

Council Directive 89/369/EEC of 8 June 1989 on the prevention of air pollution from new municipal waste incineration
plants (8);

Council Directive 89/429/EEC of 21 June 1989 on the reduction of air pollution from existing municipal waste
incineration plants (9);

Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms (10);

Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified
organisms (11);

Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (12);

Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (13);

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (14);

Council Directive 92/112/EEC of 15 December 1992 on procedures for harmonising the programmes for the reduction
and eventual elimination of pollution caused by waste from the titanium dioxide industry (15);

Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within;
into and out of the European Community (16);

(1) OJ 1984, L 74, p. 49.
(2) OJ 1984, L 188, p. 20.
(3) OJ 1994, L 274, p. 11.
(4) OJ 1986, L 181, p. 6.
(5) OJ 1986, L 181, p. 16.
(6) OJ 1988, L 36, p. 33.
(7) OJ 1988, L 336, p. 1.
(8) OJ 1989, L 163, p. 32.
(9) OJ 1989, L 203, p. 50.
(10) OJ 1990, L 117, p. 1.
(11) OJ 1990, L 117, p. 15.
(12) OJ 1991, L 135, p. 40.
(13) OJ 1991, L 377, p. 20.
(14) OJ 1992, L 206, p. 7.
(15) OJ 1992, L 409, p. 11.
(16) OJ 1993, L 30, p. 1.

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Council Directive 93/76/EEC of 13 September 1993 to limit carbon dioxide emissions by improving energy efficiency
(SAVE) (1);

Directive 94/12/EC of the European Parliament and the Council of 23 March 1994 relating to measures to be taken
against air pollution by emissions from motor vehicles and amending Directive 70/220/EEC (2);

Council Directive 94/63/EC of 20 December 1993 on the control of volatile organic compound (VOC) emissions
resulting from the storage of petrol and its distribution from terminals to service stations (3);

Council Directive 94/67/EC of 16 December 1994 on the incineration of hazardous waste (4);

Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports
and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution
prevention and shipboard living and working conditions (port state control) (5);

Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated
terphenyls (6);

Council Directive 96/61/EC 24 September 1996 concerning integrated pollution prevention and control (7);

Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous
substances (8);

Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the
laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal
combustion engines to be installed in non-road mobile machinery (9);

Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by
regulating trade therein (10);

Directive 98/69/EC of the European Parliament and of the Council of 13 October 1998 relating to measures to be taken
against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC (11);

Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol
and diesel fuels and amending Council Directive 93/12/EEC (12);

Council Directive 99/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the
use of organic solvents in certain activities and installations (13);

Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (14);

Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and
amending Directive 93/12/EEC (15);

(1) OJ 1993, L 237, p. 28.
(2) OJ 1994, L 100, p. 42.
(3) OJ 1994, L 365, p. 24.
(4) OJ 1997, L 365, p. 34.
(5) OJ 1995, L 157, p. 1.
(6) OJ 1996, L 243, p. 31.
(7) OJ 1996, L 257, p. 26.
(8) OJ 1997, L 10, p. 13.
(9) OJ 1997, L 59, p. 1.
(10) OJ 1997, L 61, p. 1.
(11) OJ 1998, L 350, p. 1.
(12) OJ 1998, L 350, p. 58.
(13) OJ 1999, L 85, p. 1.
(14) OJ 1999, L 182, p. 1.
(15) OJ 1999, L 121, p. 13.

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Directive 1999/96/EC of the European Parliament and of the Council of 13 December 1998 on the approximation of the
laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants
from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition
engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive
88/77/EEC (1);

Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end of life vehicles (2);

Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities
for ship-generated waste and cargo residues (3);

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for
Community action in the field of water policy (4);

Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that
deplete the ozone layer (5).

(1) OJ 2000, L 44, p. 1.
(2) OJ 2000, L 269, p. 34.
(3) OJ 2000, L 332, p. 81.
(4) OJ 2000, L 327, p. 1.
(5) OJ 2000, L 244, p. 1.