Directive 2008/99/EC on the protection of the
environment through criminal law
Main principles of Article 3 – Definition of
offences
Anna Karamat
European Commission
DG Environment
Unit A.2
‘Infringements’
Directive 2008/99/EC on the protection of
the environment through criminal law
Objectives of EU Environmental Policy

Climate change: ensure that global average temperature
does not increase more than 2°C above pre-industrial
levels

Halt loss of biodiversity in EU and world wide

Ensure a high level of quality of life, protection of
environment and health

More sustainable production and consumption: reduce
resource use and waste generation
Directive 2008/99/EC on the protection of
the environment through criminal law

More than 100 directives and regulations on
environment

Implementation challenge

Environmental crime growing

Cross border nature and effects of
environmental offences

Ensure level playing field in the Community
Directive on the protection of the
environment through criminal law
Definition of offences

Conduct described in Article 3a)-i)

Unlawful (breach of EC/Euratom legislation)

Intention or serious negligence
Directive on the protection of the
environment through criminal law
Choice of offences

Most serious breaches of environmental legislation

Linked to environmental priorities

Potential for substantial damage to the environment or
health

Most important sectors of environmental crime

Minimum list
Directive on the protection of the
environment through criminal law
Offences linked to a certain result


Discharge, emissions or introduction of materials or ionising
radiation into water, air or soil – general offence
Management of waste – Directive 2008/98 on waste

Operation of an installation where a dangerous activity is
carried out – Directive 96/82 ‘Seveso II’

Production, use, treatment, transport, import, export of
radioactive substances - EURATOM

… which cause or is likely to cause serious injury to persons
or substantial damage to the environment
Directive on the protection of the
environment through criminal law
Offences linked to a certain result

Any conduct which causes a significant deterioration of
a habitat within a protected site

Directive 92/42/EEC on the conservation of natural habitats,
Directive 79/409/EEC on the conservation of wild birds

Commission Decisions on the designation of sites

Commission guidance on the implementation of the directives:
http://ec.europa.eu/environment/nature/legislation/index_en.htm
Directive on the protection of the
environment through criminal law
Other offences

Illegal shipment of waste in non-negligible quantity



Regulation 1013/2006 on shipments of waste
Killing, destroying, taking of or illegal trade in endangered animal
or plant species, except minor cases

Directive 92/42/EEC on the conservation of natural habitats, Directive
79/409/EEC on the conservation of wild birds

Regulation 338/97 on the protection of wild fauna and flora species
Illegal trade in or use of ozone depleting substances

Regulation 2037/2000 on substances that deplete the ozone layer
Directive on the protection of the
environment through criminal law
Thank you for your attention !
http://ec.europa.eu/environment/legal/crime/index.htm