Regional Workshop Environmental Crime/Environmental ... - RENA

The need for environmental crime prosecution to
support enforcement of environmental legislation III
In most countries environmental crimes are not regarded as a priority topic of
criminal investigation and this encourages the destruction of the environment
by businesses who maximise their profits
- by trying to avoid using modern technologies available to protect the
environment,
- by disposing of waste illegally,
- by exploiting natural resources excessively
- by smuggling and selling of protected species
The historical background of the Directive
� Before the initiative for EU legislation in the field of environmental crimes was
taken, an International Convention of the Council of Europe was developed.
� 04.11.1998: Adoption of a “Convention on the Protection of the Environment
through Criminal Law” by the Council of Europe
� 13 signatures but only 1 ratification (Estonia)
-> the Convention has not entered into force and probably never will, as to
much time has passed since the signature.
Directive 2008/99/EC on the Protection of the
Environment through Criminal Law I
� After lengthy institutional discussions and two judgments of the European
Court of Justice (see these later) on the extent of the Community's
competence in the area of criminal law, the Council and the European
Parliament agreed on the text of the Directive.
� The Justice and Home Affairs Council formally adopted the Directive on 24
October 2008.
� The Directive had to be transposed by Member States by December 2010.
RENA Activity 1.2 RISP 1st Regional Workshop, 30-31 May 2011, Zagreb, Croatia
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