John Sautter

February 9, 2007

In most countries around the world the only criminal penalties stopping polluters are those that impose monetary fines. However, a controversial plan being considered at the European Parliament in Brussels would allow punishment of up to 10 years in prison and € 1.5 million for "green crimes." Green crimes include serious offenses such as the dumping of hazardous waste or the release of toxic chemicals.

The proposed law lists nine sets of offences with the possible maximum punishment of 10 years' imprisonment. These include illegal treatment or shipment of waste, discharge of dangerous substances into the air, soil or ground, or unlawful possession of protected wild plants and animals, among others. Other crimes covered by the law but not carrying the maximum penalty include causing drastic deterioration of a protected habitat and unlawful trade in ozone-depleting substances.

Some government officials view imprisonment for pollution as a negative policy. British Conservative EU lawmaker Syed Kamall told Reuters news service that "the European Commission is using the environmental agenda as an excuse to massively increase its powers at the expense of national parliaments. This is a very slippery slope."

However, the author of the proposed law disagrees. European Commissioner Franco Frattini argued that the public is concerned about damage to the environment and that the measure would be popular across Europe. Indeed, Greenpeace spokeswoman Katharine Mill was quoted by Deutsche World as saying, "It's certainly an improvement on the current situation, some member states only have administrative fines." Ms. Mill urged the EU Commission to go further, suggesting that the proposed fines were too low and the scope of the proposal should be wider, to include for instance import of illegal timber.

For further information:

Stephan Castle, EU seeks power to jail polluters under new environmental laws, London Independent, Feb. 8, 2007, available at http://www.envirolink.org/external.html?www=http%3A//news.independent.co.uk/europe/article2248778.ece&itemid=200702082051070.933628 (last visited Feb. 9, 2007).

Renata Goldirova, Brussels seeks powers to put polluters in jail, European Observer, Feb. 6, 2007, available at http://euobserver.com/9/23436 (lasted visited Feb. 9, 2007).

Jen, Brussels Seeks Power to Jail International Polluters, Duetsche World, Feb. 8, 2007, available at http://www.dw-world.de/dw/article/0,2144,2341493,00.html (last visited Feb. 9, 2007).