The Polish government is escalating its fight against environmental offenders, proposing fines up to 200 million złoty (approximately €48 million) for corporate crimes.
New Environmental Crime Types and Penalties
The Ministry of Justice has published draft legislation to increase environmental protection, implementing EU directives 2008/99/WE and 2009/123/WE. The proposed changes aim to address the growing threat of environmental crimes amid the climate and biodiversity crises.
The draft introduces a new criminal offense for placing products on the market that pose a large-scale threat to life, health, or the environment. Actions directly impacting protected species, including killing, destruction, possession, and trade, will also be criminalized, with further regulations in the Nature Conservation Act.
Ship Recycling and Marine Pollution
Amendments are planned for the Act on Preventing Pollution of the Sea by Ships, criminalizing ship recycling that doesn’t meet EU standards. Currently a mere administrative offense, non-compliant ship dismantling will now be subject to criminal penalties, addressing the increasing problem of illegal and unsafe shipbreaking.
Corporate Liability and Financial Penalties
The Ministry proposes amending the Act on the Responsibility of Collective Entities for Prohibited Acts under Threat of Penalty, specifically Article 7a. This would increase potential fines for companies convicted of environmental crimes from a maximum of 5 million złoty to up to 200 million złoty (or 5% of the company’s annual revenue).
Illegal Pesticides, Water Extraction, and Sanctions
Sanctions will be introduced for trading and using plant protection products lacking EU authorization, including counterfeits and imitations. A new basic offense will also be defined for extracting surface or groundwater in violation of regulations, potentially causing significant ecological or quantitative damage, punishable by up to 3 years imprisonment.
EU Directive Implementation and Cross-Border Cooperation
The government expects implementing the EU directive to harmonize definitions of environmental crimes and enhance the fight against environmental crime across the European Union. This will facilitate cooperation between Polish law enforcement and other EU agencies, and prevent criminals from exploiting differing penalty levels across member states.