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

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 8

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:

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

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:

Article 10

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 13

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

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

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

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

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

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

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:

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

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 26

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

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 29

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

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