Anna Karamat European Commission DG Environment Unit A.2 ‘Infringements’

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

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

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

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

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

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

7. Directive on the protection of the environment through criminal law Offences linked to a certain result • Any conduct which causes a significant deterioration of a habitat within a protected site • Directive 92/42/EEC on the conservation of natural habitats, Directive 79/409/EEC on the conservation of wild birds • Commission Decisions on the designation of sites • Commission guidance on the implementation of the directives: http://ec.europa.eu/environment/nature/legislation/index_en.htm

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

9. Directive on the protection of the environment through criminal law Thank you for your attention ! http://ec.europa.eu/environment/legal/crime/index.htm