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Regional Workshop Environmental Crime/Environmental ... - RENA

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Detailed contents of the <strong>Environmental</strong> <strong>Crime</strong>s Directive<br />

Art. 1: Subject matter:<br />

Establishing measures on the protection of the environment through criminal law<br />

Art. 2: Definitions:<br />

lit. a: „unlawful“: meaning infringing (Community or national) legislation aiming at<br />

the protection of the environment<br />

lit. b: protected wild fauna and flora species<br />

lit. c: habitat within a protected site<br />

lit. d: legal person<br />

What are the elements of an environmental offence in<br />

the sense of Directive?<br />

� Conduct described in Article 3 lit a-i<br />

� Unlawful (violation of environmental legislation)<br />

� committed intentionally or with at least serious negligence<br />

Types of environmental criminal offences I<br />

� the discharge, emission or introduction of a quantity of materials or ionising<br />

radiation into air, soil or water ���� death or serious injury or substantial damage<br />

� the collection, transport, recovery or disposal of waste ���� death or serious<br />

injury or substantial damage<br />

� the shipment of waste (non-negligible quantity)<br />

� the operation of a plant in which a dangerous activity is carried out or in which<br />

dangerous substances or preparations are stored or used ���� death or serious<br />

injury or substantial damage<br />

<strong>RENA</strong> Activity 1.2 RISP 1st <strong>Regional</strong> <strong>Workshop</strong>, 30-31 May 2011, Zagreb, Croatia<br />

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