The legal framework of the European Union in the field of combating environmental crimes

Abstract

The article focuses on the activities of the European Union regarding the development of an effective legal framework for combating environmental crimes considering modern realities. It is noted that the existing norms on combating environmental crime in the EU are based on the provisions of the Treaty on the Functioning of the EU which sets the competence of the EU to define criminal offenses and sanctions in the spheres of EU policy to which harmonization measures apply (Article 83(2)). Attention is paid to the provisions of the following directives: Directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC, which supplemented the list of illegal acts with new categories of crimes, established a deterrent level of sanctions, which ensures a more consistent application of conditions for enterprises in the EU; Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, which sets rules based on the «polluter pays» principle and related directives 2000/60/EC, 2008/56/EC, 2009/147/EC and 92/43/EEC. It is noted that the EU constantly works on improving the provisions of the acts adopted by it in the specified area, as evidenced by the directives, on the basis of which changes and amendments were made to the above-mentioned directives, regarding safety issues, waste management, simplification of reporting obligations in the field of environmental legislation (Directives 2006/21/EC, 2009/31/EC, 2013/30/EC, Regulation (EC) 2019/101).
 Attention is focused on acts related to the protection of certain objects, including: 1) acts aimed at combating pollution from ships: Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offence (as amended), Council Framework Decision 2005/667/JHA of 12 July 2005 to strengthen the criminal-law framework for the enforcement of the law against ship-source pollution; 2) acts on combating trade in wild animals: Regulation (EC) No 338/97 (as amended), Commission regulation (EC) No 865/2006 (as amended), Commission Implementing Regulation (EU) No 792/2012 97 (as amended), Revision of the EU action plan against wildlife trafficking of 2022.
 It is noted that EU legislation is based on international universal acts adopted within the UN in the relevant field (International Convention for the Prevention of Pollution from Ships (MARPOL) of 1973, United Nations Convention on the Law of the Sea (UNCLOS) of 1982, Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) of 1975), which simplifies law enforcement and the introduction of measures to combat environmental crime.
 The importance of strategic acts adopted by the EU, including the Agenda and Action Plan on Drugs 2021–2025 and the Biodiversity strategy for 2030 is emphasized. Relevant conclusions have been drawn.