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DRAFT RECOMMENDATION (13172/26 – C100245/2026 – 2025/0244(NLE))

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

JURI-PR-797445

Committee on Legal Affairs · Rapporteur: Ilhan Kyuchyuk

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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.

This is a draft report by the Committee on Legal Affairs on a draft Council decision to conclude, for the EU, the Council of Europe Convention on the Protection of the Environment through Criminal Law. The rapporteur recommends that Parliament give its consent to the conclusion of the new Convention. The draft notes that the Convention sets binding international standards on serious environmental offences, sanctions, prevention and cross-border cooperation, and is consistent with Directive (EU) 2024/1203. It also notes that Article 2 of the draft Council decision was amended to approve a declaration that the Convention does not apply to Denmark or Ireland, and that the Council requested a new consent on 1 October 2026. The Convention enters into force upon ten ratifications, including at least eight by Council of Europe member States.

Committee position. The rapporteur fully recommends that Parliament give its consent to the conclusion of the new Convention. The draft resolution gives consent and notes the amended Article 2 approving the declaration on territorial application.

Key points

  1. Parliament is asked to give its consent to the conclusion of the Council of Europe Convention on the Protection of the Environment through Criminal Law on behalf of the EU.
  2. The rapporteur fully recommends that Parliament give its consent.
  3. The new Convention replaces the 1998 Convention and was adopted by the Council of Europe's Committee of Ministers on 14 May 2025, opening for signature on 3 December 2025.
  4. According to the Commission's assessment, the Convention sets binding international standards for defining and criminalising serious environmental offences, with effective, proportionate and dissuasive sanctions.
  5. It strengthens prevention measures and international cooperation, including cross-border investigations, information exchange and collection of statistical data.
  6. For EU member States, the Convention is consistent with Directive (EU) 2024/1203, but they may go beyond the requirements of both instruments when implementing them.
  7. The Convention enters into force upon ten ratifications, including at least eight by Council of Europe member States.
  8. Parliament gave its consent on 8 July 2026; the Commission then suggested adding a declaration on the Convention's territorial application within the Union.
  9. In that declaration the Union specifies that the Convention does not apply to Denmark or Ireland, in light of Protocols 21 and 22.
  10. Article 2 of the draft Council decision was amended so that the Council approves the declaration alongside the reservation concerning the definition of certain terms under the Convention.
  11. Following that amendment, the Council requested a new consent from Parliament on 1 October 2026.

Who is affected

  • EU member States, which will apply criminal law standards consistent with the Convention; Denmark and Ireland are excluded under the declaration.
  • Neighbouring countries, which upon entry into force will apply criminal law standards consistent with those of the EU.
  • The Council, which approves the declaration and the reservation alongside the conclusion of the Convention.

Figures and deadlines

  • Ten ratifications, including at least eight by Council of Europe member States, needed for the Convention to enter into force.
  • 8 July 2026: date Parliament gave its consent to the conclusion of the new Convention.
  • 1 October 2026: date the Council requested a new consent from Parliament.
  • 14 May 2025: date the Committee of Ministers of the Council of Europe adopted the new Convention.
  • 3 December 2025: date the new Convention opened for signature.
  • 9 October 2024: date the draft of the new Convention was finalised.
  • 3 April 2023: date the Council of Europe set up the Committee of Experts on the Protection of the Environment through Criminal Law (PC-ENV).
  • 11 May 2024: date the European Parliament and the Council signed Directive (EU) 2024/1203.

Legal basis: Article 83(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union.