EU Environmental Crime Directive: environmental harm comparable to ecocide

Summary

On March 29, 2023, the European Parliament officially proposed the inclusion of “ecocide” to the EU Environmental Crime Directive. The proposed text originally stated: “When an environmental criminal offense causes severe and either widespread or long-term or irreversible damage to the quality of air, the quality of soil or the quality of water, or to biodiversity, ecosystems services and functions, animals or plants, this should be considered a crime of particular gravity, and sanctioned as such in accordance with the legal systems of the Member States, covering ecocide” (recital). For ecocide to be definitively recognized in EU law, it needs agreement from the three EU institutions – the European Parliament, the Council of the EU, and the European Commission.

On November 17, 2023, the EU reached an agreement on the final text of the new law, which includes acts that “cause destruction; irreversible, widespread and substantial damage; or long-lasting, widespread and substantial damage to an ecosystem,” comparable to ecocide. While the language of that provision doesn’t explicitly say “ecocide,” the rules draw from the definition of ecocide advanced by the Stop Ecocide Foundation in 2021. This is the first time that such a definition has been included in legislation for the EU.

In February 27, 2024, the EU parliament voted through the new environmental crime directive, and the European Council is scheduled to vote in March 2024. Once both governing bodies have voted through the legislation, EU member states will have 24 months to align their national legislation with the directive. Because the EU makes up almost a quarter of States in the International Criminal Court, it would be a major step towards international recognition of “ecocide” as a crime.

Involved Organizations