ACT No. XI of 2012 AN ACT to implement Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law.

I assent.

G EORGE A BELA

(L.S.)

President

10th July, 2012

ACT No. XI of 2012

AN ACT to implement Directive 2008/99/EC of the European

Parliament and of the Council of 19 November 2008 on the protection

of the environment through criminal law.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(1) The short title of this Act is Crimes Against the

Environment Act, 2012.

(2) This Act shall come into force on such date as the Minister

responsible for Justice may, by notice in the Gazette appoint, and

different dates may be so appointed for different purposes and for

different provisions of this Act.

In this Act, unless the context otherwise requires

"Directive 2008/99/EC" means Directive 2008/99/EC of the

European Parliament and of the Council of 19 November 2008 on the

protection of the environment through criminal law;

"the Euratom Treaty" means the Treaty establishing the

European Atomic Energy Community done at Rome on the 25th

March, 1957;

"habitat within a protected site" means any habitat of species for

which an area is classified as a special protection area pursuant to

Article 4(1) or (2) of Council Directive 79/409/EEC of 2 April 1979

on the conservation of wild birds, or any natural habitat or a habitat of

species for which a site is designated as a special area of conservation

pursuant to Article 4(4) of Council Directive 92/ 43/EEC of 21 May

1992 on the conservation of natural habitats and of wild fauna and

flora;

"protected wild fauna and flora species" means

(a)

for the purposes of article 3(1)(f) those listed in

(i) Annex IV to Council Directive 92/43/EEC of

21 May 1992 on the conservation of natural habitats and of

wild fauna and flora,

(ii) Annex I to, and referred to in Article 4(2) of

Council Directive 79/409/EEC of 2 April 1979 on the

conservation of wild birds,

(b) for the purposes of article 3(1)(g), those listed in

Annex A or B to Council Regulation (EC) No 338/97 of 9

December 1996 on the protection of species of wild fauna and

flora by regulating trade therein;

"the Treaty" means the Treaty establishing the European

Community done at Rome on the 25th March, 1957;

"unlawful" means infringing

(a)

the legislation adopted pursuant to the EC Treaty

and listed in Annex A to the Directive 2008/99/EC; or

(b) with regard to activities covered by the Euratom

Treaty, the legislation adopted pursuant to the Euratom Treaty

and listed in Annex B to the Directive 2008/99/EC; or

(c)

a law, an administrative regulation of a Member

State or a decision taken by a competent authority of a Member

State that gives effect to the Community legislation referred to

in paragraphs (a) or (b).

(1) Whosoever shall knowingly commit any of the Crimes against

unlawful acts referred to in sub-article (2), shall be guilty of an the

environment.

offence and shall be liable, on conviction to the punishments set out

in this Act.

(2) For the purposes of this Act, a crime against the

environment means any of the following acts

(a)

the discharge, emission or introduction of a quantity

of materials or ionising radiation into air, soil or water, which

causes or is likely to cause the death or grievous bodily harm to

any person or substantial damage to the quality of air, the

quality of soil or the quality of water, or to animals or plants;

(b) the collection, transport, recovery or disposal of

waste, including the supervision of such operations and the

aftercare of disposal sites, and including action taken as a dealer

or a broker in waste management, which causes or is likely to

cause the death or grievous bodily harm to any person or

substantial damage to the quality of air, the quality of soil or the

quality of water, or to animals or plants;

(c)

the shipment of waste, falling within the scope of

Article 2(35) of Regulation (EC) No. 1013/2006 of the

European Parliament and of the Council of 14 June 2006 on

shipments of waste and is undertaken in a non-negligible

quantity, whether executed in a single shipment or in several

shipments which appear to be linked;

(d) the operation of a plant in which a dangerous

activity is carried out or in which dangerous substances or

preparations are stored or used and which, outside the plant,

causes or is likely to cause the death or grievous bodily harm to

any person or substantial damage to the quality of air, the

quality of soil or the quality of water, or to animals or plants;

(e)

the production, processing, handling, use, holding,

storage, transport, import, export or disposal of nuclear

materials or other hazardous radioactive substances which

causes or is likely to cause the death or grievous bodily harm to

any person or substantial damage to the quality of air, the

quality of soil or the quality of water, or to animals or plants;

(f)

the killing, destruction, possession or taking of

specimens of protected wild fauna or flora species, except for

cases where the conduct concerns a negligible quantity of such

specimens and has a negligible impact on the conservation

status of the species;

(g) trading in specimens of protected wild fauna or flora

species or parts or derivatives thereof, unless, it is proved to the

satisfaction of the court that the conduct concerns a negligible

quantity of such specimens and has a negligible impact on the

conservation status of the species;

(h) any conduct which causes the

significant

deterioration of a habitat within a protected site;

(i)

the production, importation, exportation, placing on

the market or use of ozone-depleting substances.

Whosoever, through imprudence or negligence shall Involuntary

commit an unlawful offence referred to in article 3, shall, on offences.

conviction, be liable -

(a) if the death of any person is caused thereby, to the

punishments established in article 225 of the Criminal Code

increased by one or two degrees;

(b) if any grievous bodily harm with any of the effects

mentioned in article 218 of the Criminal Code is caused thereby,

to imprisonment for a term not exceeding four years or to a fine

(multa) not exceeding ten thousand euro (€10,000);

(c) if any grievous bodily harm without any of the

effects aforesaid is caused thereby, to imprisonment for a term

not exceeding one year or to a fine (multa) not exceeding five

thousand euro (€5,000);

(d) in any other case, to imprisonment for a term not

exceeding six months or to a fine (multa) not exceeding one

thousand euro (€1,000).

(1) When as a result of the offence referred to in article Aggravating

3, a person shall perish, the offender shall be liable to the punishment circumstances.

of imprisonment for life.

(2) When as a result of the offence referred to in article 3,

grievous bodily harm is caused to any person, the offender shall be

liable to the punishment established for offences of grievous bodily

harm under articles 216 or 218 of the Criminal Code, as the case may Cap. 9.

be, increased by one or two degrees according to the gravity of the

offence

Provided that if grievous bodily harm is caused to two or

more persons the punishment laid down in this subarticle shall apply

and shall not be awarded in its minimum.

(3) When as a result of the offence referred to in the last

preceding article, any serious damage is caused to the quality of the

air, soil or water, or to animals or plants, or in any other manner

serious spoil is caused to the environment, the punishment shall be

that of imprisonment for a term from eight months to seven years or a

fine (multa) of not less than twelve thousand euro (€12,000) and not

exceeding two million and five hundred thousand euro (€2,500,000),

or such imprisonment and fine (multa).

(1) The provisions of articles 121D and 248E(4) of the

Criminal Code shall mutatis mutandis apply to any offence under this

Act.

(2) The provisions of article 328K of the Criminal Code shall

also mutatis mutandis apply to any offence under this Act as if the

reference therein to article 328J of the Criminal Code were a

reference to article 121D of the Criminal Code.

Passed by the House of Representatives at Sitting No. 498 of the

4th July, 2012.

M ICHAEL F RENDO

Speaker

R AYMOND S CICLUNA

Clerk to the House of Representatives