The current EU system of criminal law protection of the environment has been in force since 20 April 2024, and is regulated under 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, which replaced the previous regulations in this area, i.e. Directives 2008/99/EC and 2009/123/EC.
The directive increases from nine to twenty the number of unlawful and intentional behaviours that constitute criminal offences, including illegal recycling of polluting ship components, water abstraction likely to cause significant damage to the ecological status of water bodies, serious violations of legislation on chemicals, in particular mercury.
The new legislation aims to increase the liability of both natural and legal persons by introducing high financial penalties and additional sanctions, such as the obligation to restore the environment or pay compensation for irreversible damage.Member States have to implement this directive in their national legal systems by 21 May 2026.
If you have any questions, please contact Iga Wójcik (iwojcik@cmwlegal.pl).