Directive 2008/99/EC on the protection of the environment through criminal law Main principles of Article 3 – Definition of offences Anna Karamat European Commission DG Environment Unit A.2 ‘Infringements’

Directive 2008/99/EC on the protection of the environment through criminal law Objectives of EU Environmental Policy m Climate change: ensure that global average temperature does not increase more than 2°C above pre-industrial levels m Halt loss of biodiversity in EU and world wide m Ensure a high level of quality of life, protection of environment and health m More sustainable production and consumption: reduce resource use and waste generation

Directive 2008/99/EC on the protection of the environment through criminal law m More than 100 directives and regulations on environment m Implementation challenge m Environmental crime growing m Cross border nature and effects of environmental offences m Ensure level playing field in the Community

Directive on the protection of the environment through criminal law Definition of offences r Conduct described in Article 3a)-i) r Unlawful (breach of EC/Euratom legislation) r Intention or serious negligence

Directive on the protection of the environment through criminal law Choice of offences r Most serious breaches of environmental legislation r Linked to environmental priorities r Potential for substantial damage to the environment or health r Most important sectors of environmental crime r Minimum list

Directive on the protection of the environment through criminal law Offences linked to a certain result u Discharge, emissions or introduction of materials or ionising radiation into water, air or soil – general offence u Management of waste – Directive 2008/98 on waste u Operation of an installation where a dangerous activity is carried out – Directive 96/82 ‘Seveso II’ u Production, use, treatment, transport, import, export of radioactive substances - EURATOM u … which cause or is likely to cause serious injury to persons or substantial damage to the environment

Directive on the protection of the environment through criminal law Offences linked to a certain result r Any conduct which causes a significant deterioration of a habitat within a protected site u Directive 92/42/EEC on the conservation of natural habitats, Directive 79/409/EEC on the conservation of wild birds u Commission Decisions on the designation of sites u Commission guidance on the implementation of the directives:

Directive on the protection of the environment through criminal law Other offences r Illegal shipment of waste in non-negligible quantity u Regulation 1013/2006 on shipments of waste r Killing, destroying, taking of or illegal trade in endangered animal or plant species, except minor cases u Directive 92/42/EEC on the conservation of natural habitats, Directive 79/409/EEC on the conservation of wild birds u Regulation 338/97 on the protection of wild fauna and flora species r Illegal trade in or use of ozone depleting substances u Regulation 2037/2000 on substances that deplete the ozone layer

Directive on the protection of the environment through criminal law Thank you for your attention !