Emtract Ingest

Overview

Jurisdiction: European Union
Topic: Environment
Instrument type: Directive
Reference number: 2024/1203
Valid from: 2024-05-20
Valid to: 0000-01-01
Modified date: 2024-04-11
Listed at: 2026-08-06
Withdrawn at: -
Description: Minimum rules defining environmental criminal offences and penalties, and measures to prevent, combat and effectively enforce EU environmental criminal law.

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Sources

Source URL	Crawler	Publish date
https://publications.europa.eu/resource/celex/32024L1203	Schokolade

Logs

	Type	Status	Started at	Finished at
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Rule sets

	Label	Effective
	Company liability for offences by leading persons	2024-05-20 — 9999-12-31
	Applies from milestone: Entry into Force (2024-05-20) Expires at milestone: - No conditions.
	Company liability for lack of supervision or control	2024-05-20 — 9999-12-31
	Applies from milestone: Entry into Force (2024-05-20) Expires at milestone: - No conditions.
	Fines for specified environmental offences	2024-05-20 — 9999-12-31
	Applies from milestone: Entry into Force (2024-05-20) Expires at milestone: - No conditions.
	Fines for other specified environmental offences	2024-05-20 — 9999-12-31
	Applies from milestone: Entry into Force (2024-05-20) Expires at milestone: - No conditions.
	More severe penalties for qualified environmental offences	2024-05-20 — 9999-12-31
	Applies from milestone: Entry into Force (2024-05-20) 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
A company held liable under Article 6 may be subject to effective, proportionate and dissuasive criminal or non-criminal penalties or measures.	Other	-
Responsible authority: - Source reference: Article 7(1) Source excerpt: Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) or (2) is punishable by effective, proportionate and dissuasive criminal or non-criminal penalties or measures.
Imposition of criminal or non-criminal fines on liable companies.	Monetary Fine	-
Responsible authority: - Source reference: Article 7(2) Source excerpt: penalties or measures for legal persons held liable pursuant to Article 6(1) or (2) for the criminal offences referred to in Articles 3 and 4 shall include criminal or non-criminal fines
For specified environmental criminal offences, a fine of at least 5% of total worldwide turnover or at least EUR 40,000,000.	Monetary Fine	-
Responsible authority: - Source reference: Article 7(3)(a) Source excerpt: 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;
For specified environmental criminal offences, a fine of at least 3% of total worldwide turnover or at least EUR 24,000,000.	Monetary Fine	-
Responsible authority: - Source reference: Article 7(3)(b) Source excerpt: 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.
Restoration of the environment within a given period where the damage is reversible.	Other	-
Responsible authority: - Source reference: Article 7(2)(a)(i) Source excerpt: restore the environment within a given period, if the damage is reversible, or
Payment of compensation for environmental damage where the damage is irreversible or the company is unable to carry out restoration.	Other	-
Responsible authority: - Source reference: Article 7(2)(a)(ii) Source excerpt: 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: - 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: - 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 carrying out business activities.	Prohibition of Sales	-
Responsible authority: - 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 relevant criminal offence.	Other Prohibitions and Exclusions	-
Responsible authority: - 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: - Source reference: Article 7(2)(f) Source excerpt: placing under judicial supervision;
Judicial winding-up of the company.	Other Prohibitions and Exclusions	-
Responsible authority: - 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: - Source reference: Article 7(2)(h) Source excerpt: closure of establishments used for committing the offence;
Publication of the judicial decision concerning the offence and the penalties or measures imposed where there is a public interest.	Public Disclosure	-
Responsible authority: - 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.
More severe criminal or non-criminal penalties or measures apply to qualified environmental criminal offences than to other environmental criminal offences.	Other	-
Responsible authority: - Source reference: Article 7(4) Source excerpt: 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).
Tracing, identifying, freezing and confiscating instrumentalities and proceeds from environmental criminal offences.	Other Prohibitions and Exclusions	-
Responsible authority: - Source reference: Article 10 Source excerpt: enable the tracing, identifying, freezing and confiscation of instrumentalities and proceeds from the criminal offences referred to in Articles 3 and 4.

Milestones

Date	Type	Description
2024-04-11	Adopted	Directive adopted
Source reference: Title Source excerpt: of 11 April 2024
2024-04-30	Other	Publication in the Official Journal of the European Union
Source reference: Official Journal header Source excerpt: 30.4.2024
2024-05-20	Entry into Force	Entry into force of the Directive
Source reference: Article 29 Source excerpt: This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
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 a national strategy
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 first assessment 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 impact of the Directive
Source reference: Article 25(2) Source excerpt: By 21 May 2031, the Commission shall carry out an evaluation of the impact of this Directive

Linked regulations

	Type	Regulation
	Cites	Environmental Impact Assessment Directive
	Source reference: Article 3(2)(e) Source excerpt: the execution of projects within the meaning of Article 1(2)(a), as referred to in Article 4(1) and (2), of Directive 2011/92/EU of the European Parliament and of the Council, where such conduct is carried out without a development consent and causes or is likely to cause substantial damage to the quality of air or soil, or the quality or status of water, or substantial damage to an ecosystem, animals or plants;
	Cites	Industrial Emissions Directive
	Source reference: Article 3(2)(j) Source excerpt: the operation or closure of an installation in which a dangerous activity is carried out or in which dangerous substances or mixtures are stored or used, where such conduct and such dangerous activity, substance or mixture fall within the scope of Directive 2012/18/EU of the European Parliament and of the Council or of Directive 2010/75/EU of the European Parliament and of the Council, and such conduct causes or is likely to cause the death of, or serious injury to, any person or substantial damage to the quality of air, soil or water, or substantial damage to an ecosystem, animals or plants;
	Cites	EU Deforestation Regulation
	Source reference: Article 3(2)(p) Source excerpt: the placing or making available on the Union market or the export from the Union market of relevant commodities or relevant products, in breach of the prohibition set out in Article 3 of Regulation (EU) 2023/1115, except where such conduct concerns a negligible quantity;
	Supersedes	Directive 2008/99/EC
	Source reference: Article 26 Source excerpt: 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.
	Supersedes	Directive 2009/123/EC
	Source reference: Article 27 Source excerpt: 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.
	Cites	REACH Regulation
	Source reference: Article 3(2)(c)(i) Source excerpt: is restricted pursuant to Title VIII of and Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council;
	Cites	Regulation (EC) No 1107/2009
	Source reference: Article 3(2)(c)(iii) Source excerpt: is not in compliance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council;
	Cites	Regulation (EU) No 528/2012
	Source reference: Article 3(2)(c)(iv) Source excerpt: is not in compliance with Regulation (EU) No 528/2012 of the European Parliament and of the Council;
	Cites	Regulation (EC) No 1272/2008
	Source reference: Article 3(2)(c)(v) Source excerpt: is not in compliance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council;
	Cites	Regulation (EU) 2019/1021
	Source reference: Article 3(2)(c)(vi) Source excerpt: is prohibited pursuant to Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the Council;
	Cites	Regulation (EU) 2017/852
	Source reference: Article 3(2)(d) Source excerpt: the manufacture, use, storage, import or export of mercury, mercury compounds, mixtures of mercury, and mercury-added products where such conduct is not in compliance with the requirements set out in Regulation (EU) 2017/852 of the European Parliament and of the Council and causes or is likely to cause the death of, or serious injury to, any person, substantial damage to the quality of air, soil or water, or substantial damage to an ecosystem, animals or plants;
	Cites	Directive 2008/98/EC
	Source reference: Article 3(2)(f)(i) Source excerpt: the collection, transport or treatment of waste, the supervision of such operations and the after-care of disposal sites, including action taken as a dealer or a broker, where such conduct: (i) concerns hazardous waste as defined in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council and it concerns a non-negligible quantity of such waste;
	Cites	Regulation (EU) 2024/1157
	Source reference: Article 3(2)(g) Source excerpt: the shipment of waste, within the meaning of Article 2, point (26), of Regulation (EU) 2024/1157 of the European Parliament and of the Council, where such conduct concerns a non-negligible quantity, whether executed in a single shipment or in several shipments which appear to be linked;
	Cites	Regulation (EU) No 1257/2013
	Source reference: Article 3(2)(h) Source excerpt: the recycling of ships falling within the scope of Regulation (EU) No 1257/2013, where such conduct is not in compliance with the requirements referred to in Article 6(2), point (a), of that Regulation;
	Cites	Directive 2005/35/EC
	Source reference: Article 3(2)(i) Source excerpt: the ship-source discharge of polluting substances falling within the scope of Article 3 of Directive 2005/35/EC into any area referred to in Article 3(1) of that Directive, except where such ship-source discharge satisfies the conditions for exceptions set out in Article 5 of that Directive, which causes or is likely to cause deterioration in the quality of water or damage to the marine environment;
	Cites	Directive 2013/30/EU
	Source reference: Article 3(2)(k) Source excerpt: the construction, operation and dismantling of an installation, where such conduct and such an installation fall within the scope of Directive 2013/30/EU of the European Parliament and of the Council, and such conduct causes or is likely to cause the death of, or serious injury to, any person or substantial damage to the quality of air, soil or water, or substantial damage to an ecosystem, animals or plants;
	Cites	Regulation (EU) 2017/852
	Source reference: Article 3(2)(d) Source excerpt: the manufacture, use, storage, import or export of mercury, mercury compounds, mixtures of mercury, and mercury-added products where such conduct is not in compliance with the requirements set out in Regulation (EU) 2017/852 of the European Parliament and of the Council and causes or is likely to cause the death of, or serious injury to, any person, substantial damage to the quality of air, soil or water, or substantial damage to an ecosystem, animals or plants;
	Cites	Regulation (EU) 2024/590
	Source reference: Article 3(2)(s) Source excerpt: the production, placing on the market, import, export, use, or release of ozone depleting substances, whether alone or as mixtures, as referred to in Article 2, point (a), of Regulation (EU) 2024/590 of the European Parliament and of the Council, or the production, placing on the market, import, export or use of products and equipment, and parts thereof, containing ozone-depleting substances or whose functioning relies upon those substances as referred to in Article 2(b) of that Regulation;
	Cites	Regulation (EU) 2024/573
	Source reference: Article 3(2)(t) Source excerpt: the production, placing on the market, import, export, use, or release of fluorinated greenhouse gases, whether alone or as mixtures, as referred to in Article 2, point (a), of Regulation (EU) 2024/573 of the European Parliament and of the Council, or the production, placing on the market, import, export or use of products and equipment, and parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases as referred to in Article 2, point (b), of that Regulation, or the putting into operation of such products and equipment.
	Cites	Whistleblower Protection Directive
	Source reference: Article 14 Source excerpt: 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.
	Cites	Environmental Liability Directive
	Source reference: Whereas (32) Source excerpt: such a requirement to restore the environment where the damage is reversible and a requirement to provide compensation where the damage is irreversible or the offender lacks the capacity to carry out such restoration.
	Cites	Environmental Liability Directive
	Source reference: Article 9(a) Source excerpt: 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;
	Cites	Directive 2014/42/EU
	Source reference: Article 10 Source excerpt: Member States bound by Directive 2014/42/EU of the European Parliament and of the Council shall take the measures referred to in the first paragraph in accordance with that Directive.
	Cites	Regulation (EU) No 182/2011
	Source reference: Article 24(1) Source excerpt: The committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
	Cites	Directive 2011/92/EU
	Source reference: Article 3(2)(e) Source excerpt: the execution of projects within the meaning of Article 1(2)(a), as referred to in Article 4(1) and (2), of Directive 2011/92/EU of the European Parliament and of the Council, where such conduct is carried out without a development consent and causes or is likely to cause substantial damage to the quality of air or soil, or the quality or status of water, or substantial damage to an ecosystem, animals or plants;
	Cites	Regulation (EU) 2023/1115
	Source reference: Article 3(2)(p) Source excerpt: the placing or making available on the Union market or the export from the Union market of relevant commodities or relevant products, in breach of the prohibition set out in Article 3 of Regulation (EU) 2023/1115, except where such conduct concerns a negligible quantity;
	Cites	Regulation (EU) No 1143/2014
	Source reference: Article 3(2)(r)(ii) Source excerpt: (ii) a condition of a permit issued under Article 8 of Regulation (EU) No 1143/2014 or of an authorisation granted under Article 9 of that Regulation and causes or is likely to cause the death of, or serious injury to, any person or substantial damage to the quality of air, soil or water, or substantial damage to an ecosystem, animals or plants;
	Cites	Directive (EU) 2019/1937
	Source reference: Article 14 Source excerpt: 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.
	Cites	Directive 2004/35/EC
	Source reference: Article 9(a) Source excerpt: 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;
	Cites	Regulation (EU) No 1143/2014
	Source reference: Article 3(2)(r)(i) Source excerpt: the bringing into the territory of the Union, placing on the market, keeping, breeding, transporting, using, exchanging, permitting to reproduce, growing or cultivating, releasing into the environment, or the spreading of invasive alien species of Union concern, where such conduct breaches: (i) restrictions set out in Article 7(1) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council and causes or is likely to cause the death of, or serious injury to, any person or substantial damage to the quality of air, soil or water, or substantial damage to an ecosystem, animals or plants; or

Environmental Crime Directive In force