The Guardian (Charlottetown)

Lawmakers approve tougher penalties for environmen­tal crime

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BRUSSELS - The European Parliament on Tuesday approved tougher penalties for environmen­tal crimes such as illegal timber trade, with offences punishable by up to 10 years in prison and company directors prosecuted for corporate wrongdoing.

“It is about time we fought cross-border crimes at the EU level with harmonised and dissuasive sanctions to prevent new environmen­tal crimes. Under this agreement, polluters will pay,” parliament­ary rapporteur Antonius Manders said.

Applicable to the EU’S 27 member states, the legislatio­n targets offences such as illegal depletion of water resources, grave breaches of EU chemicals law, pollution caused by ships, and the destructio­n of ecosystems as a result of large-scale forest fires or widespread contaminat­ion of air, water and soil.

Manders said the new legislatio­n - which updates a 2008 EU directive - people in leading positions at a company responsibl­e for pollution can be prosecuted as well as the business itself.

Environmen­tal crimes committed by individual­s and company representa­tives will be punishable with imprisonme­nt up to eight years, depending on how long-lasting, severe or reversible the damage is.

Offences that cause the death of a person could draw a prison sentence of up to 10 years.

Offenders will be required to help rehabilita­te a damaged environmen­t and pay compensati­on.

For companies, fines will reach up to 5% of their annual worldwide turnover or alternativ­ely up to 40 million euros ($43.41 million).

The new directive was adopted by 499 votes in favour, 100 against and 23 abstention­s and will take force after publicatio­n in the EU Official Journal.

Member states will have two years to incorporat­e the rules into their national legal systems.

Marie Toussaint, a Greens member of the Strasbourg­based parliament, said in a statement the EU was adopting one of the world’s most ambitious pieces of legislatio­n to combat environmen­tal crime, but it did not go far enough.

“It is a pity the Council succeeded in introducin­g a fixed amount for companies, instead of a proportion­al amount based on turnover. This will lead to absurd situations that take no account of a company’s financial situation.”

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