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Regional Workshop Environmental Crime/Environmental ... - RENA

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History and main principles of Directive 2008/99/EC on the protection<br />

of the environment through criminal law and Transposition in Austria<br />

„<strong>RENA</strong>” training, 30 and 31 May 2011, Zagreb<br />

The need for environmental crime prosecution to<br />

support enforcement of environmental legislation I<br />

Transposition of EU Directives into national legislation as such does not always<br />

ensure their proper implementation in practice. In many EU Member States, there<br />

are weaknesses in environmental law enforcement.<br />

Some examples of weak points:<br />

- Waste – the need in certain Member States to end illegal landfilling, to put in<br />

place adequate networks of regulated waste facilities and to prevent illegal waste<br />

shipments<br />

- Industrial installations –significant numbers of industrial installations still have<br />

EC permit and related requirements outstanding.<br />

(EC Commission, COM(2008) 773 final)<br />

The need for environmental crime prosecution to<br />

support enforcement of environmental legislation II<br />

Many of these weaknesses concern shortcomings inside the administration such<br />

as<br />

• lack of knowledge and awareness<br />

• shortcomings in administrative capacities,<br />

• weak national and regional enforcement policies and practices,<br />

• under-investment and delayed investment in necessary pollution-abatement<br />

infrastructure.<br />

But for other problems it is rather businesses who have to be blamed: Many of<br />

them want to escape obligations and are trying to find loopholes in the<br />

enforcement system of administrations. In many cases these law violations<br />

involve large financial interests and some of them can be classified as actions of<br />

organized crime.<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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