Articles 1 and 2 of the present Decision define the conducts which shall be considered by Member States as criminal offences, either intentional or negligent, under their domestic legislation, with a view to encouraging the protection of the environment. Subsequently, such conducts shall be punishable by applying effective, proportionate and dissuasive penalties including, in most serious cases, deprivation of liberty (art. 5). Not only individuals, but also legal persons can be held liable for the criminal offences defined by articles 1 and 2. Article 7 determines the sanctions which shall be provided for by Member States to punish legal persons. The unlawful conducts described under article 2 cover, among others: a) the discharge, introduction or emission of dangerous substances or ionising radiation into air, soil or water; b) the unlawful possession, taking, damaging, killing or trading of or in protected wild fauna and flora species or parts thereof.
2003-01-27