11th November 2012 – 17th November 2023
- LOCAL NEWS
Nothing important to report
- INTERNATIONAL NEWS
1. Environmental crimes: deal on new offences and reinforced sanctions
On Thursday, 16th November 2023, the European Parliament and Council negotiators reached a provisional agreement on an update of EU environmental crimes and sanctions rules to strengthen ecosystem protection. The Agreement concludes six months of negotiations for the finalization of the revised EU Environmental Crime Directive (ECD).
The new directive aims at establishing minimum rules on the definition of criminal offences and sanctions in order to better protect the environment, replacing the previous 2008 directive, which has become obsolete . As a result, breaches of environmental obligations will have to be treated as criminal offences in all EU Member States.
The new rules provide an updated list of acts related to the environment that qualify as criminal offences at EU level and of the related sanctions, to ensure a more effective enforcement of EU environmental legislation. The list will include, among other offences, the import and use of mercury and fluorinated greenhouse gases, the import of invasive species, the illegal depletion of water resources, and pollution caused by ships. Parliament and Council negotiators also agreed on stricter sanctions for so-called qualified offences, i.e. those causing the destruction of an ecosystem or habitat within a protected site or damage to air, soil or water quality.These would include offences comparable to ecocide with catastrophic results.
Individuals, including company representatives, committing environmental offences leading to death can be sentenced to imprisonment for 10 years.Qualified offences would be punishable by eight years in prison, while for other criminal offences, depending on factors such as the durability, severity or reversibility of the damage, the punishment would be a five–year prison sentence.
Offenders may also face other sanctions, such as fines, and an obligation to reinstate the damaged environment or compensate for the damage caused. The same sanctions may be expected for companies, as alongside others like the withdrawal of licences, bans on access to public funding, or closure. Following transposition, when it comes to fines member states will be able to choose between levying them at 3 or 5% of yearly worldwide turnover, depending on the nature of the crime, or to choose fixed amounts of either 24 or 40 million euro.
The agreed draft law requires formal approval by the Legal Affairs Committee and the European Parliament as a whole, as well as by the Council, before it can enter into force.
Related Publications:
EUROPEAN PARLIAMENT 16/11 - Environmental Crimes
Carbon Pulse 16/11 - Environmental Crime Directive
Consilium Europa16/11 - Press Release ECD
European Sting 16/11 - Political Agreement for protection of environment through criminal law
2. US TREASURY REPORT
The US Treasury Report for all actions reported is hereby attached.
Related Article:
Attachment 1: US Treasury Report for week 11-17/11/2023
3. PIRACY REPORT
No significant actions reported.
The Piracy Report for all actions reported is hereby attached.
Related Article:
Attachment 2: Worldwide Threat to Shipping (WTS) Report, for the period between 18 October – 15 November 2023
Nothing important to report from IMO, ILO, Local News and Parliament of Representatives.