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The European Commission proposed a revision of Directive 2008/99/EC on the protection of the environment through criminal law in December 2021. The proposal intends to clarify some of the terms contained in the directive and includes an updated list of environmental crime offences, harmonised sanction types and levels, measures to strengthen international investigation and prosecution, improvements to the collection of statistical data and measures to improve national enforcement chains. Ultimately ...

Environmental crime directive

Briefing 26-04-2022

This briefing provides an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above-mentioned proposal, which was submitted on 15 December 2021 and referred to the European Parliament's Committee on Legal Affairs (JURI). Despite the lack of systematic statistical data, environmental, social and economic damage caused by environmental crimes has been widely documented. Directive 2008/99/EC (the Environmental Crime Directive, ECD) was ...

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 ...

This study addresses the fate of environmental liability and environmental crime under mergers and acquisitions. It analyses whether environmental liability is passed on, either to a successor or to a parent company. Also the role of companies in the Environmental Crime Directive is analysed with specific attention to succession of companies. Particular attention is given to the concept of ecocide. The study concludes that in case of a merger or acquisition environmental obligations are passed on ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, aims at gaining deeper insights into the environmental liability of companies in the European Union. It analyses the role of companies within the Environmental Liability Directive (ELD) and pays attention to potential hurdles that may limit the possibility to hold companies liable for environmental harm. Various remedies to the limited liability of the corporation are discussed ...

The Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters is an international agreement that gives the public a number of rights with regard to the environment. It consists of three pillars, one of them covering the right of access to justice in cases of non-compliance with environmental law. Implementation of the convention's provisions on access to justice have been the focus of two recent documents, one published by the ...

The wildlife trade is one of the most lucrative trades in the world. The legal trade into the EU alone is worth EUR 100 billion annually, while the global illegal wildlife trade is estimated to be worth between EUR 8 and 20 billion annually. The trade is highly complex and its legal and illegal forms are often connected. The illegal wildlife trade cannot be tackled via the use of trade policy alone; instead trade instruments need to be used in conjunction with broader means of addressing the wide ...

Wildlife Crime

Briefing 15-06-2016

This briefing provides a background and abstracts of the study on Wildlife crime in the European Union and five in-depth analyses of the situation in Germany, the Netherlands, Poland, Spain, and the UK, which were prepared for the ENVI Committee in 2016.

Wildlife Crime in the Netherlands

Djupanalys 15-03-2016

This analysis on wildlife crime was commissioned by Policy Department A at the request of the Committee on the Environment, Public Health and Food Safety. It gives an overview of the state of wildlife crime in the Netherlands based on available documents and empirical research including interviews. The study identifies main routes and species linked to illegal wildlife trade as well as Dutch efforts to combat wildlife crime.

Wildlife Crime in Germany

Djupanalys 15-03-2016

This report on wildlife crime in Germany was commissioned by Policy Department A at the request of the Committee on the Environment, Public Health and Food Safety. It gives an overview of the state of wildlife crime in Germany and the efforts undertaken to combat it. It is based on available documents, mainly CITES biennial reports, and empirical research including interviews.