European Network against Environmental Crime (ENEC): This is a fixed term NGO project which runs from April 1, 2014 to May 1, 2016, set up by SEO/BirdLife (Spanish bird conservation society) and the Royal Society for the Protection of Birds (RSPB). BirdLife Europe, Hellenic Ornithological Society and the Czech Society for Ornithology participate as Associate Partners of this project. This allows NGOs to interact with enforcement authorities at an international level (cf. principles of the Aarhus Convention).

The project is to create a European Network against Environmental Crime (ENEC) aiming to improve the implementation and application of the Directive 2008/99/EC on the protection of the environment through criminal law, with the aim of strengthening the work of the partners of BirdLife Europe in the fight against environmental crime, by facilitating the exchange of information and the experience of legal and other practitioners who are working to prevent or prosecute this type of crime.
ACTIONS proposed:

  1. Carry out a study to assess the degree of implementation of Directive 2008/99/CE in the EU Member States (MS) national legislation and practice, comparing the criminal law provisions of the 28 EU MS where the partners of BirdLife Europe carry out their activity, thus providing a detailed picture of the degree of implementation of this aspect of Community law in the EU. This information will be used to identify possible gaps in the protection of the environment through criminal law and inform the need for future measures to be adopted by the European Commission, Member States and/or the members of the ENEC.
  2. Bring together legal and other practitioners who work in the fight against environmental crime. A first project meeting will launch the ENEC partnership with the attendance of lawyers, policy and investigations experts who work on behalf of the partners of BirdLife Europe. During the meeting the results of the study on Directive 2008/99 will be presented, establishing a series of conclusions and future courses of action on criminal law at EU level and in the different MS.
  3. Strengthen the application of criminal law in the fight against wildlife crime in the EU. The project includes three concrete lines of action through ENEC: illegal bird killing and capture, poisoning and habitat destruction. The joint action of ENEC members will allow efforts to be combined, supporting action in EU countries with fewer resources, and sharing knowledge and experience in the fight against these crimes. With this in mind, three workshops will be held which will make recommendations for strengthening the application of criminal law in MS.
  4. Integrate with the activities of other networks and international institutions involved in the protection of the environment. ENEC will establish coordination and communication channels with other networks that work on the application and implementation of Community environmental law, as well as the Secretariats of the international nature conservation conventions.

On 11th February 2015 was held in Madrid the First European Workshop against Environmental Crime ENEC members met in Madrid adopted a series of legal recommendations to eliminate illegal killing and taking of birds. This document agreed proposed a series of action to improve the implementation and enforcement of European Union and national laws in relation to that type of crime. The main lines of action are the following:

  1. Assessment of the implementation of protection for species listed under Article 2(b) of Directive 2008/99/EC in national penal law.
  2. Harmonisation of criminal sanctions in the different Member states.
  3. Training, specialization and raising awareness measures targeted at judges, prosecutors, inspectorates, enforcement officers and lawyers on the seriousness of illegal killing and taking and its consequences on biodiversity conservation.
  4. Recognition of environmental Non-Governmental Organisations (NGOs) right to bring criminal proceedings in a court of law in cases of wildlife crime.
  5. Improving the implementation of the Birds and Habitats Directives as necessary legal instruments to protect wildlife against illegal killing and taking.
  6. Information exchange, cooperation and networking between legal professionals.

Intended Results:

  1. A new coordination mechanism for European partners of BirdLife International to tackle environmental crime.
  2. A model network in the fight against environmental crime that can be extended to other types of organization or other areas of non-compliance with the law.

(Source: ENEC)