Directive 2024/1203 - Protection of the environment through criminal law - Main contents
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Directive (EU) 2024/1203 of the European Parliament and of the Council of 11 April 2024 on the protection of the environment through criminal law and replacing Directives 2008/99/EC and 2009/123/EC| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2024/1203 |
| Original proposal | COM(2021)851  |
| CELEX number i | 32024L1203 |
| Document | 11-04-2024; Date of signature |
|---|---|
| Signature | 11-04-2024 |
| Effect | 20-05-2024; Entry into force Date pub. +20 See Art 29 |
| Deadline | 21-05-2028; See Art 25.1 21-05-2031; See Art 25.2 |
| End of validity | 31-12-9999 |
| Transposition | 21-05-2026; See Art 28.1 |
Official Journal of the European Union |
EN L series |
2024/1203 |
30.4.2024 |
DIRECTIVE (EU) 2024/1203 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 April 2024
on the protection of the environment through criminal law and replacing Directives 2008/99/EC and 2009/123/EC
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 83(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Pursuant to Article 3(3) of the Treaty on European Union (TEU) and Article 191 of the Treaty on the Functioning of the European Union (TFEU), the Union is committed to ensuring a high level of protection and improvement of the quality of the environment. The environment, in a wide sense, should be protected, as follows from Article 3(3) TEU and Article 191 TFEU, covering all natural resources, including air, water, soil, ecosystems, including ecosystem services and functions, and wild fauna and flora, including habitats, as well as services provided by natural resources. |
(2) |
Pursuant to Article 191(2) TFEU, Union policy on the environment is to aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. That policy is to be based on the precautionary principle and on the principles that preventive action is to be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. Considering that environmental crime also affects fundamental rights, the fight against environmental crime at Union level is crucial to ensuring that those rights are protected. |
(3) |
The rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental law, is a matter of continuing concern in the Union. Such offences increasingly extend beyond the borders of the Member States in which they are committed. Such offences pose a threat to the environment and therefore necessitate an appropriate and effective response, which often requires effective cross-border cooperation. |
(4) |
The existing rules on penalties under Directive 2008/99/EC of the European Parliament and of the Council (3) and under Union environmental sectoral law have not been sufficient to achieve compliance with Union law concerning protection of the environment. Such compliance should be strengthened by the availability of effective, proportionate and dissuasive criminal penalties that correspond to the gravity of the offences and can convey more social disapproval than the use of administrative penalties. Complementarity of criminal and administrative law is crucial to prevent and deter unlawful conduct that damages the environment. |
(5) |
The list of environmental criminal offences in Directive 2008/99/EC should be revised and additional criminal offences based on the most serious breaches of Union environmental law should be added. Penalties should be strengthened in order to enhance their deterrent effect, and the effectiveness of the detection, investigation, prosecution and adjudication of environmental criminal offences should be improved. |
(6) |
Member States should criminalise certain unlawful conduct, provide for greater precision with regard to the definition of relevant criminal offences and harmonise types and levels of penalties. |
(7) |
Failure to comply with a legal duty to act can have the same negative effect on the environment and human health as active conduct.... |
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