+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 1 Subject matter
---+Article 2 Definitions
------+Article 2 1.
------+Article 2 2.
---+Article 3 Criminal offences
------+Article 3 1.
------+Article 3 2.
------+Article 3 3.
------+Article 3 4.
------+Article 3 5.
------+Article 3 6.
------+Article 3 7.
------+Article 3 8.
---+Article 4 Inciting, aiding and abetting, and attempt
------+Article 4 1.
------+Article 4 2.
---+Article 5 Penalties for natural persons
------+Article 5 1.
------+Article 5 2.
------+Article 5 3.
---+Article 6 Liability of legal persons
------+Article 6 1.
------+Article 6 2.
------+Article 6 3.
---+Article 7 Penalties for legal persons
------+Article 7 1.
------+Article 7 2.
------+Article 7 3.
------+Article 7 4.
---+Article 8 Aggravating circumstances
---+Article 9 Mitigating circumstances
---+Article 10 Freezing and confiscation
---+Article 11 Limitation periods
------+Article 11 1.
------+Article 11 2.
------+Article 11 3.
------+Article 11 4.
---+Article 12 Jurisdiction
------+Article 12 1.
------+Article 12 2.
------+Article 12 3.
---+Article 13 Investigative tools
---+Article 14 Protection of persons who report environmental criminal offences or assist the investigation thereof
---+Article 15 Publication of information in the public interest and access to justice for the public concerned
---+Article 16 Prevention
---+Article 17 Resources
---+Article 18 Training
---+Article 19 Coordination and cooperation between competent authorities within a Member State
---+Article 20 Cooperation between Member States and the Commission, and Union bodies, offices or agencies
---+Article 21 National strategy
------+Article 21 1.
------+Article 21 2.
---+Article 22 Statistical data
------+Article 22 1.
------+Article 22 2.
------+Article 22 3.
------+Article 22 4.
------+Article 22 5.
---+Article 23 Implementing powers
------+Article 23 1.
------+Article 23 2.
---+Article 24 Committee procedure
------+Article 24 1.
------+Article 24 2.
------+Article 24 3.
---+Article 25 Evaluation, reporting and review
------+Article 25 1.
------+Article 25 2.
------+Article 25 3.
---+Article 26 Replacement of Directive 2008/99/EC
---+Article 27 Replacement of Directive 2009/123/EC
---+Article 28 Transposition
------+Article 28 1.
------+Article 28 2.
---+Article 29 Entry into force
---+Article 30 Addressees
English - European Union - Environment -

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

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

1. Yleiskatsaus

,
Otsikko Sääntely
Article 1 Subject matter

Article 1

Subject matter

This Directive establishes minimum rules with regard to the definition of criminal offences and penalties in order to protect the environment more effectively, as well as with regard to measures to prevent and combat environmental crime and to effectively enforce Union environmental law.

Article 2 Definitions
Article 3 Criminal offences
Article 4 Inciting, aiding and abetting, and attempt
Article 5 Penalties for natural persons
Article 6 Liability of legal persons
Article 7 Penalties for legal persons
Article 8 Aggravating circumstances

Article 8

Aggravating circumstances

To the extent that the following circumstances do not form part of the constituent elements of the criminal offences referred to in Article 3, Member States shall take the necessary measures to ensure that, in relation to the relevant criminal offences referred to in Articles 3 and 4, one or more of the following circumstances can, in accordance with national law, be regarded as an aggravating circumstance:

(a) 

the offence caused the destruction of, or irreversible or long-lasting substantial damage to, an ecosystem;

(b) 

the offence was committed in the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA ( 23 );

(c) 

the offence involved the use by the offender of false or forged documents;

(d) 

the offence was committed by a public official when performing his or her duties;

(e) 

the offender has previously been convicted by a final judgment of offences of the same nature as those referred to in Article 3 or 4;

(f) 

the offence generated or was expected to generate substantial financial benefits, or avoided substantial expenses, directly or indirectly, to the extent that such benefits or expenses can be determined;

(g) 

the offender destroyed evidence, or intimidated witnesses or complainants;

(h) 

the offence was committed within an area classified as a special protection area pursuant to Article 4(1) or (2) of Directive 2009/147/EC, or a site designated as a special area of conservation in accordance with Article 4(4) of Directive 92/43/EEC or a site listed as site of Community importance in accordance with Article 4(2) of Directive 92/43/EEC.

The aggravating circumstance referred to in point (a) of this Article shall not apply to the criminal offences covered by Article 3(3).

Article 9 Mitigating circumstances

Article 9

Mitigating circumstances

Member States shall take the necessary measures to ensure that, in relation to the relevant criminal offences referred to in Articles 3 and 4, one or more of the following circumstances can, in accordance with national law, be regarded as a mitigating circumstance:

(a) 

the offender restores the environment to its previous condition, where such restoration is not an obligation under Directive 2004/35/EC, or, before the start of a criminal investigation, takes steps to minimise the impact and extent of the damage or remediates the damage;

(b) 

the offender provides the administrative or judicial authorities with information which they would not otherwise have been able to obtain, helping them to:

(i) 

identify or bring to justice other offenders;

(ii) 

find evidence.

Article 10 Freezing and confiscation

Article 10

Freezing and confiscation

Member States shall take the necessary measures to enable the tracing, identifying, freezing and confiscation of instrumentalities and proceeds from the criminal offences referred to in Articles 3 and 4.

Member States bound by Directive 2014/42/EU of the European Parliament and of the Council ( 24 ) shall take the measures referred to in the first paragraph in accordance with that Directive.

Article 11 Limitation periods
Article 12 Jurisdiction
Article 13 Investigative tools

Article 13

Investigative tools

Member States shall take the necessary measures to ensure that effective and proportionate investigative tools are available for investigating or prosecuting criminal offences referred to in Articles 3 and 4. Where appropriate, those tools shall include special investigative tools, such as those used in combatting organised crime or in other serious crime cases.

Article 14 Protection of persons who report environmental criminal offences or assist the investigation thereof

Article 14

Protection of persons who report environmental criminal offences or assist the investigation thereof

Without prejudice to Directive (EU) 2019/1937, Member States shall take the necessary measures to ensure that any persons reporting criminal offences referred to in Articles 3 and 4 of this Directive, providing evidence or otherwise cooperating with competent authorities, have access to support and assistance measures in the context of criminal proceedings, in accordance with national law.

Article 15 Publication of information in the public interest and access to justice for the public concerned

Article 15

Publication of information in the public interest and access to justice for the public concerned

Member States shall ensure that persons affected or likely to be affected by the criminal offences referred to in Articles 3 and 4 of this Directive and persons having a sufficient interest or maintaining the impairment of a right, as well as non-governmental organisations that promote environmental protection and meet requirements under national law, have appropriate procedural rights in proceedings concerning those offences, where such procedural rights for the public concerned exist in the Member State in proceedings concerning other criminal offences, for instance as a civil party. In such cases, Member States shall also ensure, in accordance with their national law, that the information on the progress of the proceedings is shared with the public concerned, where that is done in proceedings concerning other criminal offences.

Article 16 Prevention

Article 16

Prevention

Member States shall take appropriate measures, such as information and awareness-raising campaigns targeting relevant stakeholders from the public and private sector, as well as research and education programmes, which aim to reduce environmental criminal offences and the risk of environmental crime. Where appropriate, Member States shall act in cooperation with such stakeholders.

Article 17 Resources

Article 17

Resources

Member States shall ensure that national authorities which detect, investigate, prosecute or adjudicate environmental criminal offences have a sufficient number of qualified staff and sufficient financial, technical and technological resources for the effective performance of their functions related to the implementation of this Directive. Member States shall, taking into account the constitutional traditions and structure of their legal system, as well as other national circumstances, assess the need to increase the level of specialisation of those authorities in the area of environmental criminal law, in accordance with national law.

Article 18 Training

Article 18

Training

Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall take necessary measures to ensure that specialised regular training is provided to judges, prosecutors, police and judicial staff and to competent authorities’ staff involved in criminal proceedings and investigations with regard to the objectives of this Directive and appropriate to the functions of such judges, prosecutors, police and judicial staff and competent authorities’ staff.

Article 19 Coordination and cooperation between competent authorities within a Member State

Article 19

Coordination and cooperation between competent authorities within a Member State

Member States shall take the necessary measures to establish appropriate mechanisms for coordination and cooperation at strategic and operational levels among all their competent authorities involved in the prevention of and the fight against environmental criminal offences. Such mechanisms shall be aimed at least at:

(a) 

ensuring common priorities and understanding of the relationship between criminal and administrative enforcement;

(b) 

exchange of information for strategic and operational purposes, within the limits set out in applicable Union and national law;

(c) 

consultation in individual investigations, within the limits set out in applicable Union and national law;

(d) 

the exchange of best practices;

(e) 

providing assistance to European networks of practitioners working on matters relevant to combatting environmental criminal offences and related infringements.

The mechanisms referred to in the first paragraph may take the form of specialised coordination bodies, memoranda of understanding between competent authorities, national enforcement networks and joint training activities.

Article 20 Cooperation between Member States and the Commission, and Union bodies, offices or agencies

Article 20

Cooperation between Member States and the Commission, and Union bodies, offices or agencies

Where environmental criminal offences are suspected to be of a cross-border nature, the competent authorities of the Member States concerned shall consider referring the information related to those offences to appropriate competent bodies.

Without prejudice to the rules on cross-border cooperation and mutual legal assistance in criminal matters, the Member States, Eurojust, Europol, the European Public Prosecutor’s Office, the European Anti-Fraud Office and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in Articles 3 and 4. To that end, Eurojust shall, where appropriate, provide the technical and operational assistance needed by the competent national authorities to facilitate coordination of their investigations. The Commission may, where appropriate, provide assistance.

Article 21 National strategy
Article 22 Statistical data
Article 23 Implementing powers
Article 24 Committee procedure
Article 25 Evaluation, reporting and review
Article 26 Replacement of Directive 2008/99/EC

Article 26

Replacement of Directive 2008/99/EC

Directive 2008/99/EC is replaced with regard to the Member States bound by this Directive, without prejudice to the obligations of those Member States with regard to the date for transposition of that Directive into national law. With regard to the Member States bound by this Directive, references to Directive 2008/99/EC shall be construed as references to this Directive. As regards Member States not bound by this Directive, they shall remain bound by Directive 2008/99/EC.

Article 27 Replacement of Directive 2009/123/EC

Article 27

Replacement of Directive 2009/123/EC

Directive 2009/123/EC shall be replaced with regard to the Member States bound by this Directive, without prejudice to the obligations of those Member States with regard to the date for transposition of that Directive.

With regard to the Member States bound by this Directive, references to those provisions of Directive 2005/35/EC added or replaced by Directive 2009/123/EC shall be construed as references to this Directive.

Member States not bound by this Directive shall remain bound by Directive 2005/35/EC as amended by Directive 2009/123/EC.

Article 28 Transposition
Article 29 Entry into force

Article 29

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 30 Addressees

Article 30

Addressees

This Directive is addressed to the Member States in accordance with the Treaties.

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