Editorial

Citation

Leal Filho, W. (2007), "Editorial", Management of Environmental Quality, Vol. 18 No. 4. https://doi.org/10.1108/meq.2007.08318daa.001

Editorial

Welcome to another issue of MEQ. In this editorial we want to discuss the new plans proposed by the European Commission, which would require member states to criminalise the most serious breaches of EU environment law and introduce minimum sanctions.

Under the law, EU member states would have to criminalise any act that is illegal under EU law and causes, or is likely to cause, death or serious injury or “substantial damage” to air, soil, water, animals or plants through any one of these ways:

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  the discharge, emission or introduction of materials or ionising radiation into air, soil or water;

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  the treatment of normal or hazardous waste, including transport, storage, import and export;

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  the operation of a plant in which a “dangerous activity” is carried out and which dangerous substances and preparations are stored and used (the damage would only be criminalised if it happened outside the plant);

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  the shipment of waste “for profit and in a non-negligible quantity”; and

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  the manufacture, treatment, use transport or trade of nuclear materials or other hazardous radioactive substances.

Other offences deemed to be crimes would be the possession, damaging, killing or trading of protected wild animal and plant species, the “significant deterioration” of protected habitats and the trade in ozone-depleting substances, if these involve a breach of EU legislation.

Individuals could be held personally liable for a crime if even if they did not directly commit it. This would be the case where the crime was committed “for their benefit” or if the person has a “leading position” in an organisation that has committed a crime. The decision would be based on the person’s authority to take decisions and exercise control over an organisation. Where the offence is committed intentionally and causes death or serious injury, member states would have to impose sanctions of up to ten years in jail for guilty individuals. For other offences they would have to provide for jail terms of up to five years.

Where a firm is found criminally liable member states would have to impose a system of variable fines ranging up to €1.5m for the most serious cases. Member states could choose to impose harsher sentences and fines if they wished.

The directive would also allow member states to disqualify individuals from managing an organisation and to oblige them to “reinstate” the environment. They could also force firms to reinstate the environment, to exclude them from public aid, or to place them under winding-up orders. Governments would have to comply with the law within 18 months of entry into force. It is hoped that the new law will be effective in preventing environmental damages by making those causing such damages responsible for their consequences.

Enjoy your reading!

Walter Leal Filho