Summary
The position paper from Cefic discusses the revision of the Environmental Crime Directive proposed by the European Commission to replace Directive 2008/99/EC. Cefic supports the revision, emphasising the necessity for effective enforcement of EU environmental legislation, adequate tools for detecting, investigating, prosecuting criminal activities, and coordinated cooperation across Member States. Main arguments include the need to define certain offences more precisely, link substantial damage likelihood to breaches of administrative law, and adjust sanction levels based on intent, negligence, and actual damage caused. Cefic also calls for considering alternative fining systems and delineating aggravating and mitigating circumstances.
Key Takeaways:
- Precise definitions for breaches of administrative law and better clarity on offences linked to chemical legislation.
- Establishment of a causal link between administrative law breaches and potential environmental damage.
- Differentiation of sanction levels based on the intent, negligence, and actual damage, with a focus on alternative fining systems linked to illegal profits.