The EU’s Parliament has approved its ‘environmental crimes’ rules. The new directive, agreed with the EC on last year, was adopted with 499 votes in favour, 100 against and 23 abstentions.

It contains an updated list of criminal offences including illegal timber trade, depletion of water resources, serious breaches of EU chemicals legislation and pollution caused by ships. MEPs ensured that the new rules contain the so-called qualified offence, such as large-scale forest fires or widespread pollution of air, water and soil, which leads to an ecosystem being destroyed and is therefore comparable to ecocide.

Environmental crimes committed by individuals and company representatives would be punishable with imprisonment depending on how long-lasting, severe or reversible the damage is. Qualified offences could be punished with eight years, those causing the death of a person with ten years in prison and the other offences with up to five years of imprisonment.

All offenders would be required to reinstate the damaged environment and compensate for it. They might also face fines. For companies the fines will reach 3 or 5 per cent of their yearly worldwide turnover or alternatively €24m or €40m depending on the nature of the crime.

Member states will be able to decide whether to prosecute criminal offences that did not take place on their territory.

Antonius Manders (EPP, NL) said: "Under this agreement, polluters will pay. What is more, it is a major step in the right direction that any person in a leading position at a company responsible for polluting can be held liable as well the business itself. With the introduction of a duty of care, there is nowhere else to hide behind permits or legislative loopholes."

The directive will enter into force on the twentieth day following its publication in the EU Official Journal. Member states will have two years to transpose the rules into their national systems.

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