On 30 April 2024, the revised EU Environmental Crime Directive was published. This directive aims to harmonize punitive measures across all member states and enhance environmental protection. The two main changes affecting the maritime industry are outlined as follows:
- Extension of Scope: The directive now includes criminal sanctions for offenses such as the spread of invasive alien species within the EU, the discharge of pollutants from ships, non-compliant ship recycling, and the illegal shipment of waste.
- Criminal Sanctions for Individuals Involved: Penalties for natural persons include imprisonment for up to 10 years for crimes that may cause or are likely to cause death or serious injury. Legal entities may face a maximum fine of 5% of their total worldwide turnover in the financial year prior to the imposition of the fine, or a fine of €40,000,000. Additional penalties and measures may also apply, such as the obligation to rehabilitate polluted or damaged areas.
The full text of the Directive is available here. With the new Directive entered into force on May 20, 2024, Member States now have two years to incorporate the Directive into national law. Members with questions about this Directive can contact the NNPC claims team at claims@nnpc.nl.