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Proposal for New EU Directive on Environmental Protection Through Criminal Law

BPR
CLP
POPs
REACH
PPP
11
March 2024
•
420
Dr Steven Brennan
The proposed directive directly impacts several key EU chemicals legislations including REACH.
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The European Union is poised to significantly enhance its environmental protection framework with the proposal for a new directive focused on criminal law. This initiative seeks to replace the existing Directive 2008/99/EC. As a response to the pressing need for stronger measures against environmental offenses, the proposal was thoroughly discussed and has successfully passed the European Parliament's first reading, marking a pivotal step in the legislative process.

Objective and Scope of the Directive

The primary objective of the proposed directive is to fortify the EU's defences against environmental crimes by broadening the scope of activities classified as criminal offenses. These include, but are not limited to, illegal emissions of pollutants, unauthorized trade of endangered species, and improper management of hazardous waste. The proposal emphasizes the need for harsher penalties, including fines and imprisonment, to deter violations effectively.

Strengthening Legal and Cooperative Frameworks

A notable feature of the proposed directive is its comprehensive approach to tackling environmental crimes. It not only addresses direct actions that harm the environment but also targets omissions that lead to significant damage. The proposal underlines the importance of cross-border cooperation among Member States, the European Commission, Eurojust, and Europol to address the transnational nature of environmental crimes efficiently.

Enhancements in Prevention and Enforcement

To complement enforcement measures, the proposal highlights the critical role of prevention strategies. It advocates for Member States to implement public awareness campaigns and educational programs tailored to reduce the incidence of environmental offenses. Furthermore, it mandates national authorities to be equipped with adequate resources and training to identify, investigate, and prosecute environmental crimes effectively.

Implications for Chemicals Legislation

The proposed directive directly impacts several key EU chemicals legislations, including:

  • REACH Regulation (EC) No 1907/2006, which regulates the registration, evaluation, authorization, and restriction of chemicals.
  • Biocidal Products Regulation (EU) No 528/2012.
  • CLP Regulation (EC) No 1272/2008 on classification, labeling, and packaging.
  • Persistent Organic Pollutants Regulation (EU) 2019/1021.
  • Mercury Regulation (EU) 2017/852.

This alignment with existing chemicals legislation underscores the directive's integrated approach to environmental protection, ensuring comprehensive coverage across various regulatory domains.

The European Parliament's first reading of the proposed directive marks a crucial advancement in the EU's environmental legislative framework. By proposing stringent measures and penalties for environmental crimes, the directive signifies the EU's commitment to safeguarding the environment through a more robust legal approach. As the proposal moves through the legislative process, it brings the EU one step closer to implementing more effective environmental protection measures.

Read the source story

The European Union is poised to significantly enhance its environmental protection framework with the proposal for a new directive focused on criminal law. This initiative seeks to replace the existing Directive 2008/99/EC. As a response to the pressing need for stronger measures against environmental offenses, the proposal was thoroughly discussed and has successfully passed the European Parliament's first reading, marking a pivotal step in the legislative process.

Objective and Scope of the Directive

The primary objective of the proposed directive is to fortify the EU's defences against environmental crimes by broadening the scope of activities classified as criminal offenses. These include, but are not limited to, illegal emissions of pollutants, unauthorized trade of endangered species, and improper management of hazardous waste. The proposal emphasizes the need for harsher penalties, including fines and imprisonment, to deter violations effectively.

Strengthening Legal and Cooperative Frameworks

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