• Home
  • eAlerts
  • Environment Law Update: Liability in environment law 3

Environment Law Update: Liability in environment law 3

United Kingdom
30/04/2001
Download PDF

European Union

Environmental offences

The European Commission has adopted a proposal for a Directive on the protection of the environment through criminal law. If implemented, it would class breaches of environmental law as criminal rather than administrative offences. Police and judicial authorities, rather than pollution control authorities, would be responsible for enforcement under the regime. Offenders would also face tougher penalties, including possible imprisonment. The proposal addresses the most serious breaches of existing EU environmental law, and includes water and air pollution, trade in protected species and serious damage to protected habitats. However, it would only apply to damage to the environment that was intentional or brought about by serious negligence attributed to individuals or a 'legal person'. Member states would decide the criminal penalties under their own legal systems. EU Council ministers are unhappy with the Commission proposal as they are currently considering an alternative plan, under which member states would be allowed to make EU legislative proposals directly. The Commission proposal has forced postponement of a possible common position agreement on the Council's proposal. Under the EU treaty, governments are required to give consideration to Commission proposals aimed at achieving the same objectives as any plan they are discussing.
(COM(2001) 139, 13 March 2001)

Search Filters

Advanced Search

Related content