European Union commission strengthens criminal environmental protection
(openPR) - safe ports of the environmental criminality are to be eliminated
The European commission suggested today a guideline, which obligates the member states to treat and guarantee heavy Umweltdelikte as punishable actions that these are effectively punished. The guideline specifies beyond that minimum sanctions for environmental crimes in the member states.
Criminal offences like the illegal emission of dangerous materials into the air, the water or the soil, which illegal transport of wastes or the illegal trade with endangered kinds can have serious consequences for the human health and the environment. It is indispensable to ensure that they are effectively punished in the European union. In serious cases criminal sanctions should be imposed such as imprisonments, since they have a substantially higher deterrence effect than for example administrative punishments.
Environmental commissioner Stavros Dimas explained: „The disaster caused recently at the Ivory Coast by dangerous wastes shows, how devastatingly environmental crimes can affect humans and environment. It shows also again, how urgent a better penetration of the environmental standards is for the avoidance of such incidents. “
The vice-president of the commission, responsible for law, liberty and security, Franco Frattini, expressed itself as follows: „The suggested guideline is crucial, in order to prevent that criminal ones use the present, the environment in Europe impairing different criminal regulations of the member states. We may not permit safe ports for the environmental criminality within Europe. “
Central one of elements of the suggestion:
The definition of the environmental criminal offence is on the other hand very different from a member state, and the measure of punishment is insufficient in many member states. With the suggested guideline a minimum of criminal environmental protection is to be ensured in the entire European union.
The member states will have to guarantee that a number of the individual nations of the activities already forbidden by EUROPEAN UNION or right (illegal transport of wastes and illegal trade with protected kinds or ozone diminishing materials) as criminal offences is regarded, if they are committed deliberately or roughly negligently. The member states must ensure that particularly heavy Umweltdelikte with maximum imprisonments by at least 5 years and fines for enterprises is occupied by at least 750000 euro.
These cases would include criminal offences, which was committed to death or to the heavy bodily injury of a person or to a substantial air, soil or a water pollution or to damage for animals or plants to have led or in those the criminal offence from a criminal combination.
In addition the guideline plans additional or alternative sanctions like the obligation to clean/shift again into the previous condition the environment or the possibility of quiet-adding enterprises.
The suggested measures will guarantee that offenders did not use the substantial differences existing at present between the member states any longer can. There might not be safe ports for environmental criminality thus in the European union no more.
In September 2005 the European Court of Justice confirmed the competence of the community for the decree of criminal measures in connection with environmental protection, if this is necessary for the efficient execution of the joint environmental policy. Therefore main header the Court of Justice of the advice the 2003 on the basis of one itself on the regulations of the European Union contract (title VI, so mentioned 3. Column) over justizielle co-operation in criminal actions supporting initiative of a member state accepted framework resolution over the environmental criminality up. The suggestion submitted today by the commission is to replace therefore both the framework resolution of the advice of 2003 and the guideline suggestion of 2001, already submitted by the commission, which was not considered by the advice with the acceptance of its framework resolution of 2003.
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