Dealing with Environmental Crime

published July 9, 2011

 In late 2008, the European Union, through a joint decision of the European Parliament and the Council of Ministers, adopted Directive 99/2008 “on the protection of the environment through criminal law”.

Member states had to implement this directive by not later than December 26, 2010. Malta, together with 11 other EU member states, did not comply. As a result, on June 16, the EU Commission issued a warning to all 12 states to comply within two months.

The EU directive on the protection of the environment through criminal law does not create new environment legislation. It aims to consolidate existing laws through harmonising penalties that should be inflicted as well as by ensuring that these penalties are really a deterrent.

Annex A to the directive lists EU legislation (some 70 directives and regulations) subject to this directive’s provisions. This is wide ranging and includes legislation regulating waste, GMOs, air quality, quality of water for human consumption, use of sewage sludge in agriculture, use and transportation of hazardous materials, protection of water from nitrates originating from agriculture, trade in endangered species and many others.

Within EU structures, the Maltese government opposed provisions of the proposed directive. So it is no surprise that this resistance is also reflected in the implementation process. This gives a new significance to the Maltese government’s declarations on the importance the environment has in its political agenda.

During the discussion stage in the EU structures, representatives of the Malta government expressed a view contrary to the harmonisation of sanctions primarily on the basis of the economic disparity across the EU member states.

The impact assessment produced by the EU on the proposed directive had emphasised that, in the EU, there are three areas that organised crime focuses on to the detriment of the environment. These are illicit trade in ozone depleting substances, illicit hazardous waste treatment and disposal and illicit trade in endangered wildlife species. A study entitled Organised Environmental Crime In EU Member States (2003) quoted by the EU impact assessment also states that 73 per cent of researched environmental crime cases involve corporations or corporate-like structures.

Organised environmental crime, which has a turnover of billions of euros in the EU, can have a devastating effect on the economy. There are various examples which we can draw upon. The case of the contaminated mozzarella in the Naples environs in March 2008 is one such example. Organised crime pocketed substantial landfill charges for the handling of toxic and hazardous waste, which was subsequently dumped in areas that were reserved for the grazing of buffalo. The resulting buffalo mozzarella was contaminated with dioxin. The impacts on the mozzarella industry were substantial.

Proof of the operations of the eco-Mafia has also surfaced some time ago when Francesco Fonti, a Mafia turncoat, took the witness stand against the Calabria Mafia. We do recall information given as to the sinking in the Mediterranean of about 42 ships laden with toxic, hazardous and nuclear waste. One of the said ships has been located and identified off the coast of Reggio Calabria.

This network of organised environmental crime is so vast that, at a time, it also dumped toxic, hazardous and nuclear waste in Somalia. The warlords in the Somalia civil war were financed by the eco-Mafia. They supplied them with arms in return for their consent to the dumping of the toxic, hazardous and nuclear waste. Italian journalists (RaiTre) who had tracked down the shipments were shot and murdered in Mogadishu.

The dumping of toxic, hazardous and nuclear waste in the Mediterranean Sea can have very serious impacts on Malta. It contaminates what’s left of fish stocks but also, depending on the location used for dumping, it can impact Malta’s potable water, 60 per cent of which originates from seawater processed by reverse osmosis plants.

Given these serious impacts I would have expected that the Maltese government would be at the forefront in implementing the directive on environmental crime in order to ensure that issues of cross-border organised environmental crime are adequately tackled. It is indeed very unfortunate that the tools which the EU provides so that Malta can protect its real interests are continuously ignored. One cannot help but ask why.

Law firm Hugo Lepage & Partners, in a comparative study commissioned by the EU Commission and entitled Study On Environmental Crime In The 27 Member States (2007), repeatedly identifies penalties for environmental crime in Malta as being at the lower end of the scale in the EU. The message that gets through is that environmental crime is treated lightly in Malta. Malta is not alone in this respect: it enjoys the company of a small number of other countries.

Environmental crime should be punished through penalties that are effective and proportionate to the environmental damage carried out or envisaged. It is in Malta’s interest that this is done expeditiously.

The eco-threat of the Italian Mafia

 times_of_malta196x703

by Carmel Cacopardo

published September 19, 2009

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The revelation by Francesco Fonti that the Calabria Mafia sank a number of ships in the Mediterranean carrying a cargo of nuclear and toxic waste confirmed what the international environmental non-governmental organisation Greenpeace has been stating for a number of years.

The cargo on board these ships (which could number as many as 42) is of direct concern to Malta. The environmental crime of dumping this toxic and nuclear waste could have already affected (without our knowing) Malta’s water supply as well as the fish we eat and the seawater we swim in.

Whether and to what extent the food chain was contaminated is difficult to ascertain at this stage unless the relevant authorities are in a position to explain whether over the years fish and water (including sea-water) were sampled and tested for chemical contamination. Hopefully, such monitoring, sampling and testing was carried out. At this stage no information is forthcoming as to the type of toxic wastes dumped nor whether the waste dumped is still contained or else whether it has dispersed. The exact location of the dumping and the sea currents prevalent in the area would also be of extreme relevance.

Toxic contamination does not necessarily kill immediately. It may block or distort a number of our natural activities.

In the foreword to the book Our Stolen Future by Theo Colborn, Diane Dumanoski and John Peterson Myers, former US Vice President Al Gore speaks of  “a large and growing body of scientific evidence linking synthetic chemicals to aberrant sexual development and behavioural and reproductive problems. Although much of the evidence these scientific studies review is for animal populations and ecological effects, there are important implications for human health as well”.

Reference to three examples would serve to illustrate the nature of the threats.

President Jimmy Carter on August 7, 1978 had declared a state of emergency at Love Canal. A landfill containing over 21,000 tons of chemical waste dumped in the 1940s and the beginning of the 1950s caused the contamination of residential and educational environments and resulted in miscarriages, birth defects, respiratory ailments and cancer. Fifty-six per cent of children born in the Love Canal environs between 1974 and 1978 had a birth defect. This led the US to enact the Comprehensive Environmental Response Compensation and Liability Act known as the Superfund in the last days of the Carter Presidency.

In early 2008 in Italy it was found that buffalo mozzarella originating from some 83 dairy farms in an area near Naples was tainted with dioxin. The buffalo were grazing in an area of illegal dumps of toxic waste controlled by the Mafia. Dioxin can cause birth defects and organ failure.

On May 31, 1989 a beluga whale was found floating belly up near Pointe-aux-Cenelles close to Quebec, Canada. An autopsy carried out on the whale revealed that it had both a male and a female set of genital organs. It was a hermaphrodite. This was eventually traced to pollution-induced hormone disruption which derailed the beluga whale’s normal course of sexual development. “One cannot rule out,” noted the autopsy report “that pollutants present in the mother’s diet had interfered with hormonal processes (guiding the) normal evolution of the sexual organs of her foetus”. The beluga whale is a mammal like the human being.

The above examples point to the possible consequences of the Mafia eco-threat.

Sixty per cent of our water originates from the sea. Fish roam about the Mediterranean Sea including contaminated areas. Pollution will not respect borders.

All of us would be more at ease if we are informed of the measures being taken by the public authorities to shield us from these threats.

original article at   The Times