What 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 requires
This Directive establishes minimum rules concerning the definition of criminal offences and penalties for the protection of the environment. It repeals and replaces Directives 2008/99/EC and 2009/123/EC. The Directive requires Member States to criminalise certain unlawful conduct, including the discharge of substances or energy into air, soil, or water that causes or is likely to cause substantial damage or serious injury; the unlawful collection, transport, or treatment of waste; the placing on the market of a product whose use on a larger scale results in discharge of materials or energy that causes or is likely to cause substantial damage; and the execution of a project without development consent that causes substantial damage. The Directive introduces qualified criminal offences, comparable to ecocide, for conduct that causes the destruction of or widespread and substantial irreversible damage to an ecosystem of considerable size or a habitat within a protected site. Penalties for natural persons include maximum terms of imprisonment of at least ten years for qualified offences causing death. For legal persons, fines must be set either as a maximum of at least 5% of total worldwide turnover or fixed amounts of at least EUR 40 million for qualified offences. The Directive provides for aggravating circumstances such as the continuation of illegal activity after inspections and mitigating circumstances such as restoration of the environment. It includes provisions on jurisdiction, limitation periods of at least ten years for serious offences, and the liability of legal persons.
Pillar: Sustainability & ESG · Authority: European Union · Version: 1.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024L1203
SHA-256 integrity: 22320a17e8ab6246e24e08d42c98f0bcd37a7bc33fe56fbf0aaccaa5d41c3fc4
Primary Citations — 7 traced to source
- 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, Article 83(2) TFEU - legal basis for the Directive.
- Directive (EU) 2024/1203, recital 13 - definition of substantial damage to air, water, soil, ecosystems, animals, or plants as qualitative threshold.
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