Revision of Directive 2008/99/EC on the protection of environment through criminal law

Briefing 10-11-2021

Directive 2008/99/EC on the protection of the environment through criminal law – the Environmental Crime Directive (ECD) – was aimed primarily at improving environmental protection by means of harmonised criminal legislation. Despite noticeable progress on setting up a common legal framework and the undisputed relevance of the directive, there are shortcomings with regard to the uncertain scope of application of the directive, the uneven system for sanctions and the fact that implementation is still lagging behind. In addition, the increasing involvement of organised criminal networks calls for a wider recognition of the problem, enhanced tools, specialisation and engagement from all relevant stakeholders. This implementation appraisal looks at the practical implementation of the ECD in light of the expected Commission proposal for its revision.