On the draft Council decision on the conclusion, on behalf of the European Union, of the Council of Europe Convention on the Protection of the Environment through Criminal Law

PR_NLE-AP_Agreement

Symbols for procedures

* Consultation procedure

*** Consent procedure

***I Ordinary legislative procedure (first reading)

***II Ordinary legislative procedure (second reading)

***III Ordinary legislative procedure (third reading)

(The type of procedure depends on the legal basis proposed by the draft act.)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the draft Council decision on the conclusion, on behalf of the European Union, of the Council of Europe Convention on the Protection of the Environment through Criminal Law

(05824/2026 – C100035/20026 – 2025/0244(NLE))

(Consent)

The European Parliament,

– having regard to the draft Council decision (05824/26),

– having regard to the Council of Europe Convention on the Protection of the Environment through Criminal Law, signed in Luxembourg on 14 May 2025 (CM(2025)52),

– having regard to the request for consent submitted by the Council in accordance with Article 83(2), in conjunction with Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C100035/2026),

– having regard to 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,

– having regard to Rule 107(1) and (4) and Rule 117(7) of its Rules of Procedure,

– having regard to the recommendation of the Committee on Legal Affairs (A100000/2026),

1. Gives its consent to the conclusion of the agreement;

2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and to the Council of Europe.

EXPLANATORY STATEMENT

On 11 May 2024 the European Parliament and the Council signed a new Directive (EU) 2024/1203 of the European Parliament and of the Council, replacing Directive 2008/99/EC of the European Parliament and of the Council, which had been widely considered ineffective. To address shortcomings in the effectiveness of environmental criminal law, Directive (EU) 2024/1203 laid down minimum rules with regard to the definition of criminal offences and penalties in order to protect the environment more effectively, as well as measures in order to prevent and combat environmental crime.

Almost simultaneously with the EU procedure concerning Directive (EU) 2024/1203, the Council of Europe (CoE) began work on a revised Convention on the Protection of the Environment through Criminal Law (‘new Convention’) to replace the one dating back to 1998 (‘old Convention’). The old Convention was a pioneering instrument which was the first international instrument containing definitions of the most serious environmental offences committed intentionally or with negligence, as well as provisions on jurisdiction, effective and dissuasive sanctions, confiscation measures, reinstatement of the environment, corporate liability, cooperation between the parties to that convention and international cooperation, and the rights for groups, foundations or associations which aim at the protection of the environment to participate in criminal proceedings in accordance with domestic law.

On 3 April 2023 the CoE set up the Committee of Experts on the Protection of the Environment through Criminal Law (PC-ENV). A draft of the new Convention was finalised on 9 October 2024. On 14 May 2025 the new Convention was adopted by the Committee of Ministers of the CoE and opened for signature on 3 December 2025.

The Commission participated in the negotiations on the basis of Council Decision (EU) 2023/2170 of 28 September 2023. Following successful conclusion of the negotiations, the Council adopted Council Decision (EU) 2025/2493 of 1 December 2025 on the signing, on behalf of the European Union, of the CoE Convention on the Protection of the Environment through Criminal Law. Subsequently, pursuant to Article 218 of the Treaty on the Functioning of the European Union, the Council requested the consent of the European Parliament to the conclusion of the new Convention.

According to the Commission’s assessment, the new Convention establishes binding international standards for defining and criminalising serious environmental offences punishable by effective, proportionate and dissuasive sanctions. It also strengthens prevention measures and international cooperation to address environmental crime, including through cross-border investigations, information exchange and the collection of statistical data. Upon its entry into force, neighbouring countries will apply criminal law standards consistent with those of the EU, thereby, in effect, improving cooperation, investigations and accountability. For EU Member States, the new Convention is consistent with Directive (EU) 2024/1203, however they can go beyond the requirements of both that Directive and that Convention when implementing their provisions.

The Convention is expected to enter into force upon ten ratifications, including at least eight ratifications by member States of CoE. Alongside CoE member States, the new Convention is open for signature by non-member States that have participated in its elaboration and the EU.

In light of the above considerations, the Rapporteur fully recommends that the Parliament give its consent to the conclusion of the new Convention.

ANNEX: DECLARATION OF INPUT

The rapporteur declares, under his exclusive responsibility, that he did not include in his report input from interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from representatives of public authorities of third countries, including their diplomatic missions and embassies, to be listed in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.