Overview
EU Directive 2008/99/EC entitled "protection of the environment through criminal law" became effective on December 26, 2008. The Directive states that the European Community is concerned at the rise in environmental offences occurring within the EU and their effects, which are increasingly extending beyond the borders of the Member States where the offences occur. Accordingly, the Directive states that compliance with environmental laws "can and should be strengthened by the availability of criminal penalties, which demonstrate a social disapproval…"
The new directive has at its foundation the use of criminal law to enforce compliance. Under the Directive, "more dissuasive penalties" will be used when "environmentally harmful activities" occur.

1. Companies should review existing environmental management structures for their EU operations: Does the company have an environmental policy statement that commits to compliance with environmental regulation? Are senior management, supervisor, and worker roles and responsibilities for environmental compliance clearly spelled out? Do senior anagement, supervisors, and workers understand their responsibilities and the consequences of environmental non-compliance?
   
2. Companies should review and assess the adequacy of administrative risk management measures: Does the company have an environmental audit program? Does the audit program include facility self-assessment and independent verification? How frequently are environmental compliance audits performed? How is closure of non-conforming conditions tracked to assure that compliance is maintained?
   
3. From an operational perspective, companies should identify high risk operations and manufacturing activities that use or store dangerous substances or preparations: Are there procedures to assess high risk operations? Have disaster plans been developed to address situations that may cause a release to the environment? Do facility personnel understand the plan and are they prepared to implement it if necessary? What control mechanisms are in place to prevent or minimize releases?
   
4. Companies should also assess potential disruptions to their supply chains due to criminal enforcement against key suppliers: Have key suppliers been identified that have high risk operations? Does the supplier have an adequate environmental compliance program to minimize business interruptions? Are alternative sources available in case of supplier interruption?