The Revamped EU Environmental Crime Directive and the Maritime Sector: Real Teeth or Window Dressing?

Abstract for Scopus Indexing: The new Environmental Crime Directive ( ECD ) supports the designation of the most serious violations of European Union (EU) environmental laws as criminal offences. It includes several new categories of violations and brings the EU implementation of ship-source pollution and recycling of EU ships under it. The ECD provides for offences which depend on an infringement of EU laws. For some offences, the breach of the relevant law is sufficient for liability to arise; for others, endangerment of one or more aspects of the environment or human health is required. The ECD designates conduct that leads to extensive environmental damage as a qualified offence and provides for higher maximum imprisonment terms to be set as a minimum across the EU. The new ECD includes liability for legal persons and helps make available a toolbox of appropriate sanctions to each Member State’s courts. Including ship-source pollution as part of the ECD may lead to general EU laws being made the basis for criminal liability of shipping interests. The amendment of Directive 2005/35/EC will also significantly affect the scope of the ECD as MARPOL Annexes I – V will be covered, as well as the discharge of waters from scrubbers. Recycling an EU ship in a facility not approved by the EU may also lead to the establishment of criminal liability. Violations of atmospheric pollution laws and greenhouse gas emissions are not covered. The ECD is a step in the right direction. However, it will not resolve the existing implementation gap of EU environmental law, nor will it be able to overcome the significant limitations of MARPOL in dealing with marine pollution.