Emtract Ingest

Environmental Crime Directive In force Unlisted

Overview

Jurisdiction
European Union
Topic
-
Instrument type
Directive
Reference number
2024/1203
Valid from
2024-05-20
Valid to
2026-08-06
Modified date
3044-04-30
Listed at
Unlisted draft
Withdrawn at
-
Description
Establishes minimum rules on environmental criminal offences, penalties, prevention and enforcement. Companies and their managers may face criminal or non-criminal liability for specified unlawful conduct damaging the environment and for inadequate supervision or control.

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Sources

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Rule sets

Label Effective
Company liability and penalties for environmental criminal offences 2026-05-21 — 9999-12-31
Applies from milestone:
Transposition Deadline (2026-05-21)
Expires at milestone:
-
Conditions:
  • Country not in No Linked Attribute Value “IE” “DK”
Higher turnover-based fine for specified environmental offences 2026-05-21 — 9999-12-31
Applies from milestone:
Transposition Deadline (2026-05-21)
Expires at milestone:
-

No conditions.

Fine for other environmental offences 2026-05-21 — 9999-12-31
Applies from milestone:
Transposition Deadline (2026-05-21)
Expires at milestone:
-

No conditions.

Questions this regulation asks

Attributes only this regulation asks about — criteria no general attribute expresses. A company answers each once.

This regulation asks no questions of its own — every condition uses a general attribute.

Obligations

No obligations.

Measures

No measures.

Penalties

Description Kind Rule set
Fine for a company held liable for an offence covered by Article 3(2), points (a) to (l), (p), (s) or (t); the maximum level must be at least 5% of total worldwide turnover or EUR 40,000,000. Monetary Fine -
Responsible authority:
Member States; imposed under national criminal or non-criminal law
Source reference:
Article 7(3)(a)
Source excerpt:
for criminal offences covered by Article 3(2), points (a) to (l), and points (p), (s) and (t): 5 % of the total worldwide turnover of the legal person, either in the business year preceding that in which the offence was committed, or in the business year preceding that of the decision to impose the fine, or an amount corresponding to EUR 40 000 000;
Fine for a company held liable for an offence covered by Article 3(2), points (m), (n), (o), (q) or (r); the maximum level must be at least 3% of total worldwide turnover or EUR 24,000,000. Monetary Fine -
Responsible authority:
Member States; imposed under national criminal or non-criminal law
Source reference:
Article 7(3)(b)
Source excerpt:
for criminal offences covered by Article 3(2), points (m), (n), (o), (q) and (r): 3 % of the total worldwide turnover of the legal person, either in the business year preceding that in which the offence was committed, or in the business year preceding that of the decision to impose the fine, or an amount corresponding to EUR 24 000 000.
More severe criminal or non-criminal penalties or measures for a company held liable for a qualified environmental criminal offence. Other -
Responsible authority:
Member States; imposed under national law
Source reference:
Article 7(4)
Source excerpt:
Member States shall take the necessary measures to ensure that legal persons held liable pursuant to Article 6 for the criminal offences covered by Article 3(3) are punishable by more severe criminal or non-criminal penalties or measures than those applicable for the criminal offences covered by Article 3(2).
Restoration of the environment within a given period or payment of compensation for environmental damage. Other -
Responsible authority:
Competent national courts or authorities under national law
Source reference:
Article 7(2)(a)
Source excerpt:
an obligation to: (i) restore the environment within a given period, if the damage is reversible, or (ii) pay compensation for the damage to the environment, if the damage is irreversible or the offender is not in a capacity to carry out such restoration;
Exclusion from entitlement to public benefits or aid. Exclusion from Procurement -
Responsible authority:
Competent national courts or authorities under national law
Source reference:
Article 7(2)(b)
Source excerpt:
exclusion from entitlement to public benefits or aid;
Exclusion from access to public funding, including tender procedures, grants, concessions and licences. Exclusion from Procurement -
Responsible authority:
Competent national courts or authorities under national law
Source reference:
Article 7(2)(c)
Source excerpt:
exclusion from access to public funding, including tender procedures, grants, concessions and licences;
Temporary or permanent disqualification from conducting business activities. Other Prohibitions and Exclusions -
Responsible authority:
Competent national courts or authorities under national law
Source reference:
Article 7(2)(d)
Source excerpt:
temporary or permanent disqualification from the practice of business activities;
Withdrawal of permits and authorisations to pursue activities that resulted in the criminal offence. Other Prohibitions and Exclusions -
Responsible authority:
Competent national courts or authorities under national law
Source reference:
Article 7(2)(e)
Source excerpt:
withdrawal of permits and authorisations to pursue activities that resulted in the relevant criminal offence;
Placement under judicial supervision. Other -
Responsible authority:
Competent national courts or authorities under national law
Source reference:
Article 7(2)(f)
Source excerpt:
placing under judicial supervision;
Judicial winding-up of the company. Other Prohibitions and Exclusions -
Responsible authority:
Competent national courts or authorities under national law
Source reference:
Article 7(2)(g)
Source excerpt:
judicial winding-up;
Closure of establishments used for committing the offence. Other Prohibitions and Exclusions -
Responsible authority:
Competent national courts or authorities under national law
Source reference:
Article 7(2)(h)
Source excerpt:
closure of establishments used for committing the offence;
Obligation to establish due diligence schemes to enhance compliance with environmental standards. Other -
Responsible authority:
Competent national courts or authorities under national law
Source reference:
Article 7(2)(i)
Source excerpt:
an obligation to establish due diligence schemes for enhancing compliance with environmental standards;
Publication of all or part of the judicial decision concerning the offence and imposed penalties or measures where there is a public interest. Public Disclosure -
Responsible authority:
Competent national courts or authorities under national law
Source reference:
Article 7(2)(j)
Source excerpt:
where there is a public interest, publication of all or part of the judicial decision relating to the criminal offence committed and the penalties or measures imposed, without prejudice to rules on privacy and the protection of personal data.

Milestones

Date Type Description
2024-04-11 Adopted Directive adopted
Source reference:
Final act
Source excerpt:
Done at Brussels, 11 April 2024.
2026-05-21 Transposition Deadline Deadline for transposition into national law
Source reference:
Article 28(1)
Source excerpt:
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 May 2026.
2027-05-21 Other Deadline to establish and publish the national strategy on combating environmental criminal offences
Source reference:
Article 21(1)
Source excerpt:
Member States shall establish and publish a national strategy on combatting environmental criminal offences by 21 May 2027.
2028-05-21 Other Deadline for the Commission's implementation report
Source reference:
Article 25(1)
Source excerpt:
By 21 May 2028, the Commission shall submit a report to the European Parliament and to the Council assessing the extent to which the Member States have taken the necessary measures to comply with this Directive.
2031-05-21 Other Deadline for the evaluation of the Directive's impact
Source reference:
Article 25(2)
Source excerpt:
By 21 May 2031, the Commission shall carry out an evaluation of the impact of this Directive addressing the need to update the list of environmental criminal offences referred to in Articles 3 and 4 and submit a report to the European Parliament and to the Council.

Linked regulations

Type Regulation
Cites REACH Regulation
Cites Industrial Emissions Directive