The destruction of ecosystems, including habitat loss and illegal logging, will be punished with stricter sanctions and imprisonment under the updated EU directive on offenses against the environment, according to Euronews.

In a vote held on February 27 in the European Parliament, EU lawmakers overwhelmingly supported this measure, with 499 votes in favor, 100 against and 23 abstentions.

Member states now have two years to transpose it into national law.

Here's what you need to know about the updated law, which experts call revolutionary.

According to Maria Toussaint, a French lawyer and Member of the European Parliament for the Greens/European Free Alliance group, the EU has "adopted one of the most ambitious legislations in the world".

"The new directive opens a new page in Europe's history, protecting against those who harm ecosystems and, through them, human health. This means putting an end to impunity for environmental matters in Europe, which is crucial and urgent", she adds.

According to Toussaint, current EU and national laws do not discourage criminals from committing environmental offenses because the offenses are too limited, and the sanctions are very low.

"Environmental crimes are growing two to three times faster than the global economy and have become the fourth-largest criminal sector in the world in just a few years", she says.

Environmental crimes continue to occur in Europe. In its report on the fight against environmental crimes in Europe, the European Environmental Agency cites numerous examples of environmental crimes that have gone unpunished because they were not included in the old directive.

These include illegal tuna fishing, agro-industrial pollution in protected areas, as well as illegal hunting practices and fraud in the carbon market.

Supporters of turning ecocide into the fifth international crime at the International Criminal Court argue that the updated directive effectively criminalizes ecocide. Even though the directive does not directly include this word, in its preamble, it refers to "cases comparable to ecocide".

Ecocide is defined as an "illegal or reckless act committed, knowing that there is a substantial likelihood that these acts will cause severe damage either on a large scale or in the long term to the environment".

It was formulated in 2021 by 12 lawyers worldwide and presented by Stop Ecocide International.

Last year, the Parliament proposed including ecocide in EU legislation.

Water capture, recycling, ship pollution, introduction and spread of invasive exotic species, and ozone destruction are all identified as environmental activities in the new directive.

However, it does not mention fishing, export of toxic waste to developing countries or carbon market fraud.

In the case of individuals - such as CEOs and members of boards of directors - the consequences for committing environmental offenses can be imprisonment for up to eight years, which can be extended to ten years if they cause the death of a person.

Antonius Manders, a Dutch lawyer and Member of the European Parliament for the European People's Party (Christian Democrats), described the changes as very encouraging.

"CEOs can risk a fine, but they don't want to be personally involved. They never want to go to jail", he says.

People can be held accountable if they were aware of the consequences of their decisions and had the power to stop them, Manders explains.

"For example, the defense through permits is no longer possible because people have a duty of care. If new information shows that behavior causes irreversible damage to health and nature - you have to stop".

Michael Faure, a professor of comparative and international environmental law at Maastricht University, agrees.

"When implemented by member states, operators must be aware that merely complying with an authorization no longer exempts them from criminal liability. And this is nothing short of a revolution", he says.

In accordance with the previous EU directive concerning environmental offenses and the laws of most member states, environmental violations are punishable only if they involve illegality. However, if a company adheres to the conditions of an authorization, its actions will not be deemed illegal.

"As a result, there could be cases of serious environmental pollution, even with concrete damage to human health as a consequence. But as long as an operator complies with the conditions of an authorization, there is no illegality", says Faure.

One example, Manders explains, is that in 1982, the chemical industry in the Netherlands received an authorization to pollute water with PFAS before these chemicals were identified as harmful to human health.

"But today, we know that these chemicals cause cancer and even death. So, in a trial like that involving the chemical company Chemours, even if it has an authorization, when the new directive comes into effect, it has to stop because it has been proven that PFAS harms people", Manders adds.

Member states will have two years to transpose the revised directive into national law.

Among other things, they will have the flexibility to choose whether to introduce fines for companies based on a percentage of turnover - up to five percent depending on the offense - or fixed fines of up to 40 million euros.

"We would have liked to go much further", Toussaint says.

It will also be up to the member states whether offenses committed outside the EU borders on behalf of EU companies will fall under the scope of the new directive, as this has not yet been agreed upon by the EU.

Although it is indeed "revolutionary", Manders advocates for having a public prosecutor at the EU level.

"This is the future. However, this will rely on the assessment of the European Public Prosecutor's Office mandate - and whether, going forward, the EU could manage such cases", he says.

Toussaint agrees and says it is essential to closely monitor ongoing negotiations at the Council of Europe, where the Convention on the Protection of the Environment through Criminal Law - equivalent to the EU directive, but at the level of the Council of Europe - is under review.