The agreement is the outcome of the negotiations that took place in the trilogues, promoted by the Spanish presidency of the Council of the EU.
The acting Minister for Justice, Pilar Llop, has highlighted "the commitment of Spain and the EU to pursue environmental crimes and defend ecosystems from multiple threats".
She also recalled that "this new law is a framework for joint action that will allow for a unified and coordinated response to environmental crime and, in consequence, to the health and life of European citizens".
The new directive defines environmental crime more precisely and adds new types. For the first time, penalties for natural and legal persons are harmonised across all EU member states.
It was also agreed to increase the number of existing offences in EU criminal law from 9 to 18. This broadens and specifies the type of prohibited conduct and its impact on the environment. The new offences include trafficking in timber, which is a major cause of deforestation in some parts of the world, illegal recycling of polluting ship components and serious violations of chemicals legislation.
Stiffer penalties
The new directive includes a "qualifying offence", understood as an offence committed intentionally and causing either destruction or extensive and substantial damage of an irreversible or lasting nature to an ecosystem of considerable size or environmental value, or to a natural habitat within a protected area, or to the quality of air, soil or water.
The text proposes stiffer penalties for both natural persons -up to ten years' imprisonment in the most serious cases - and legal persons - with a maximum penalty of at least 5% of their total worldwide income, or alternatively, €40 million.
Training and resources
In addition, member states must ensure that training is provided for those involved in the detection, investigation and prosecution of environmental crime, such as judges, prosecutors and law enforcement authorities.
EU countries should also ensure that these authorities have adequate means, including qualified staff and financial resources, to carry out their functions. Provisions are also made for support and assistance to persons reporting environmental crime, environmental defenders and persons affected by environmental crime.
Non official translation
