Directive 2008/99/EC on the protection of the Directive 2008/99/EC on the protection of the environment through criminal lawenvironment through criminal law

Main principles of Article 3 – Definition of Main principles of Article 3 – Definition of offencesoffences

Anna KaramatAnna KaramatEuropean CommissionEuropean CommissionDG EnvironmentDG EnvironmentUnit A.2 Unit A.2 ‘Infringements’‘Infringements’

Directive 2008/99/EC on the protection of Directive 2008/99/EC on the protection of the environment through criminal lawthe environment through criminal law

Objectives of EU Environmental Policy

Climate change: ensure that global average temperature does not increase more than 2°C above pre-industrial levels

Halt loss of biodiversity in EU and world wide Ensure a high level of quality of life, protection of

environment and health More sustainable production and consumption: reduce

resource use and waste generation

Directive 2008/99/EC on the protection of Directive 2008/99/EC on the protection of the environment through criminal lawthe environment through criminal law

More than 100 directives and regulations on environment

Implementation challenge Environmental crime growing Cross border nature and effects of

environmental offences Ensure level playing field in the Community

Directive on the protection of the Directive on the protection of the environment through criminal lawenvironment through criminal law

Definition of offences

Conduct described in Article 3a)-i)

Unlawful (breach of EC/Euratom legislation)

Intention or serious negligence

Directive on the protection of the Directive on the protection of the environment through criminal lawenvironment through criminal law

Choice of offences

Most serious breaches of environmental legislation

Linked to environmental priorities

Potential for substantial damage to the environment or health

Most important sectors of environmental crime

Minimum list

Directive on the protection of the Directive on the protection of the environment through criminal lawenvironment through criminal law

Offences linked to a certain result

Discharge, emissions or introduction of materials or ionising radiation into water, air or soil – general offence

Management of waste – Directive 2008/98 on waste

Operation of an installation where a dangerous activity is carried out – Directive 96/82 ‘Seveso II’

Production, use, treatment, transport, import, export of radioactive substances - EURATOM

… which cause or is likely to cause serious injury to persons or substantial damage to the environment

Directive on the protection of the Directive on the protection of the environment through criminal lawenvironment through criminal law

Offences linked to a certain result

Any conduct which causes a significant deterioration of a habitat within a protected site

Directive 92/42/EEC on the conservation of natural habitats,

Directive 79/409/EEC on the conservation of wild birds

Commission Decisions on the designation of sites

Commission guidance on the implementation of the directives:

http://ec.europa.eu/environment/nature/legislation/index_en.htm

Directive on the protection of the Directive on the protection of the environment through criminal lawenvironment through criminal law

Other offences Illegal shipment of waste in non-negligible quantity

Regulation 1013/2006 on shipments of waste

Killing, destroying, taking of or illegal trade in endangered animal

or plant species, except minor cases Directive 92/42/EEC on the conservation of natural habitats, Directive

79/409/EEC on the conservation of wild birds

Regulation 338/97 on the protection of wild fauna and flora species

Illegal trade in or use of ozone depleting substances Regulation 2037/2000 on substances that deplete the ozone layer

Directive on the protection of the Directive on the protection of the environment through criminal lawenvironment through criminal law

Thank you for your attention !

http://ec.europa.eu/environment/legal/crime/index.htm