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EU aims to put environmental criminals behind bars
BRUSSELS, Feb 9 (AFP) Feb 09, 2007
The European Commission on Friday called for stricter penalties against environmental crimes, seeking jail sentences of at least five years to be available across the EU for the worst offenders.

Currently, member states individually define what constitutes a crime against the environment, but the European Union's executive arm considers that sanctions vary too much throughout the bloc and that many are too lax.

"The proposed directive is crucial to avoid criminals profiting from the existing discrepancies in member states' criminal law systems which damage the European environment," said EU Justice Commissioner Franco Frattini.

"We cannot allow safe havens of environmental crime inside the EU," he added.

While Belgium, the Czech Republic and Denmark already have strict criminal penalties on their books, EU Environment Commissioner Stavros Dimas singled out France and Italy for their more lax laws against environmental crimes.

Under the proposals, the member states would be required to make activities such as the illegal shipment of waste and unlawful trade in endangered species or in ozone-depleting substances criminal offences.

Member states would be required to have laws providing for maximum jail sentences of at least five years and fines of at least 750,000 euros (975,000 dollars) for offences found to be done intentionally or with serious negligence.

The penalties would cover crimes resulting in death or serious injury or a substantial damage to air, soil, water, animals or plants or when the offence has been committed by a criminal organisation.

The proposals would also allow for European arrest warrants to be issued so offenders could not seek refuge in other member states. For such warrants to be issued the crime in question would have to carry a prison sentence of at least one year.

The commission's new proposals will be subject to a vote by qualified majority from the member states and approval from the European Parliament.

The fight against environmental crimes took on new urgency after toxic waste from the Panamanian-registered Probo Koala cargo freighter which had sailed from Europe was dumped in Abidjan last August, killing 10 people.

"The recent hazardous waste disaster in the Ivory Coast shows how environmental crimes can have devastating effects on people and the environment," EU Environment Commissioner Dimas said.

"It also underlines once again how urgent it is to improve the way environmental legislation is enforced in order to avoid such incidents," he added.

The commission's proposal won applause among Greens in the European Parliament despite criticism that it was "long overdue".

"EU legislation to tackle discrepancies between Member States in sanctioning environmental crimes and end criminals being able to abuse loopholes in some national legal systems is long overdue," said Italian Green EU lawmaker Monica Frassoni.

However, EU member states jealously protect their authority in penal matters and shot down a similar set of proposals from the commission in 2001.

After member states adopted their own plans, the European Court of Justice ruled in September 2005 that the Commission could make proposals on penal issues when they concern the environment.

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