Members' Research Service By / June 24, 2022

Revision of Directive 2008/99/EC: Protection of the environment through criminal law [EU Legislation in Progress]

Although there is no universally accepted definition of environmental crime, the United Nations Environmental Programme (UNEP) and INTERPOL agree that it ‘encompasses illegal activities harming the environment and aimed at benefitting individuals or groups or companies from exploitation of, damage to, trade or theft of natural resources, including serious crimes and transnational organised crime’.

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Written by Carmen-Cristina Cîrlig (3rd edition, updated on 13.12.2023).

The European Commission proposed a revision of Directive 2008/99/EC on the protection of the environment through criminal law in December 2021. The proposal intends to clarify some of the terms contained in the directive and includes an updated list of environmental crime offences, harmonised sanction types and levels, measures to strengthen international investigation and prosecution, improvements to the collection of statistical data and measures to improve national enforcement chains. Ultimately, the revision aims to increase the effectiveness of investigation and prosecution of environmental criminal offences across the European Union.

The Committee on Legal Affairs (JURI) was responsible for drawing up the Parliament’s position on the proposal, adopting its report on 21 March 2023. The Council meanwhile adopted its general approach on the proposal on 9 December 2022. On 16 November 2023, the co-legislators reached a provisional agreement on the text, to be formally adopted early in 2024.

Version

Proposal for a directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC
Committee responsible:Legal Affairs (JURI)COM(2021) 851
15.12.2021
Rapporteur:Antonius Manders (EPP, Netherlands)2021/0422(COD)
Shadow rapporteurs:Franco Roberti (S&D, Italy)
Ilana Cicurel (Renew, France)
Marie Toussaint (Greens/EFA, France)
Jorge Buxadé Villalba (ECR, Spain)
Virginie Joron (ID, France)
Manon Aubry (The Left, France)
Ordinary legislative procedure (COD)
(Parliament and Council on equal
footing – formerly ‘co-decision’)
Next steps expected: First-reading vote in plenary
timeline-submitted-to-plenary

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