Skip to content
DRAFT REPORT (COM(2021)0851 – C90466/2021 – 2021/0422(COD))

On the proposal for a directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC

JURI-PR-737290

Committee on Legal Affairs · Rapporteur: Antonius Manders

Official HTML ↗ PDF DOCX
✦ In shortFull text
✦ In short · AI summary of this text, generated 26 Sept 2026

Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

The Committee on Legal Affairs' draft report sets out Parliament's first-reading position on the proposed directive on protecting the environment through criminal law, replacing Directive 2008/99/EC. It amends the Commission proposal to widen the definition of environmental damage, add offences and aggravating circumstances, and require Member States to criminalise serious negligence. It raises maximum fines for legal persons to not less than 10% of average worldwide turnover over three business years and extends limitation periods. It strengthens prevention, public participation, support for reporters, specialised training and investigative tools, and asks the Commission to report every two years and consider a regulation.

Committee position. The rapporteur proposes to amend the Commission proposal to improve investigation and prosecution, clarify legal terms, improve data collection, ensure effective sanctions and strengthen prevention, including higher fines and longer limitation periods.

Key points

  1. The directive would establish minimum rules on criminal offences and sanctions to protect the environment by preventing and combatting environmental crime.
  2. Environmental protection would cover all environmental media, including air, water, soil, wild fauna and flora and their habitats, and services from natural resources.
  3. Union environment policy is to be based on the precautionary principle, preventive action, rectifying damage at source and the polluter pays principle.
  4. Conduct under an authorisation obtained fraudulently, by corruption, extortion, coercion or other unlawful conduct would be considered unlawful.
  5. Member States would have to ensure that conduct referred to in Article 3(1) also constitutes a criminal offence when committed with negligence.
  6. Intentional inciting, aiding and abetting of offences under Article 3(1) would be punishable as criminal offences.
  7. Legal persons could be held liable for offences committed for their benefit by persons in leading positions, without excluding proceedings against natural persons.
  8. Sanctions for legal persons would include reinstating the environment or paying compensation where damage is irreversible, and exclusion from public funding, grants, concessions and licences.
  9. Fines for offences under Article 3(1) points (a) to (j), (n), (q) and (r) would be not less than 10% of average worldwide turnover over the three preceding business years.
  10. Fines for offences under Article 3(1) points (k), (l), (m), (o) and (p) would be not less than 10% of average worldwide turnover over the three preceding business years.
  11. Aggravating circumstances would include previous conviction for offences of the same nature, obstruction of inspections, cyberattacks, offences in protected areas such as Natura 2000, and offences linked to other crimes.
  12. Member States would have to ensure specialised training for judges, prosecutors, police and staff, and make effective investigative tools available for environmental offences.

Who is affected

  • Member States must criminalise listed conduct, provide sanctions, resources and training, and report data.
  • Legal persons face liability, fines of at least 10% of average worldwide turnover, and exclusion from public funding.
  • Natural persons who commit, incite or aid offences remain liable, including corporate board members aware of high-risk activities.
  • Members of the public concerned may act through administrative or judicial procedures, for instance as a civil party.
  • The Commission must report every two years and evaluate the directive after three years.

Figures and deadlines

  • Maximum fines of not less than 10% of average worldwide turnover in the three business years preceding the fining decision.
  • Limitation period of at least ten years from discovery for offences punishable by at least ten years of imprisonment.
  • Limitation period of at least six years from discovery for offences punishable by at least six years of imprisonment.
  • Limitation period of at least four years from discovery for offences punishable by at least four years of imprisonment.
  • Commission report to be published at least every two years, first three years after the standard format is determined.
  • Evaluation three years after the transposition period and every two years thereafter.

Legal basis: Article 294(2) and Article 83(2) of the Treaty on the Functioning of the European Union.