Combating environmental crimes

The European Union is stepping up efforts to combat environmental crimes. On December 3, 2025, an agreement – the Council of Europe Convention on the Protection of the Environment through Criminal Law – was signed to strengthen protection by combating environmental crimes not only in Europe, but also beyond. This convention complements the 2024 Directive on the above issues.

2024 directive to protect the environment through criminal law

The 2024 directive sets minimum standards for member states, which have two years (from its entry into force) to bring their national laws into compliance.

The need for the new regulations was dictated by the ineffectiveness of the previous solutions, especially in the area of cross-border crimes. Under the new regulations, the list of crimes was updated and new categories of offenses were added, defined on the basis of the most serious violations.

For an act to constitute an environmental offense under the 2024 Directive, it must be unlawful. This means that the perpetrator (whether an individual or a legal entity) must perform an act contrary to:

• European Union law that contributes to one of the objectives of the EU’s environmental policy, as set forth in Art. 191 para. 1 of the Treaty on the Functioning of the EU;
• a statutory provision or a decision made by a competent authority of a member state that gives effect to EU law.

Council of Europe Convention on the Protection of the Environment through Criminal Law

The Council of Europe’s Convention on the Protection of the Environment through Criminal Law is a landmark agreement that represents an important step toward strengthening environmental protection by combating crimes against it in Europe and beyond. It complements the requirements under the 2024 Directive.

It defines crimes that harm the environment, establishes minimum rules for punishing individuals and legal entities, and strengthens the enforcement mechanism.

It is the first international legally binding instrument to combat environmental crime. Covers a wide range of activities that increase the triple planetary crisis: climate change, pollution and biodiversity loss.

The convention is based on international treaties and standards on environmental protection, human rights and transnational crime, and recognizes the triple planetary crisis and its impact on human rights, according to the Reykjavík Declaration.

Environment under the Convention is defined in a broad sense and includes natural resources (air, soil, water), ecosystems and their services, flora and fauna, and habitats.

Purpose of the Convention

The purpose of the Convention on the Protection of the Environment through Criminal Law is:

• To effectively prevent and combat environmental crime;
• Promoting and strengthening national and international cooperation in combating environmental crime;
• Establish minimum principles to guide member states in their national legislation; and thereby promote and strengthen environmental protection.

A special monitoring mechanism has been established to ensure effective implementation of its provisions.

Acts classified as environmental crimes

Acts classified as environmental crimes include:

• illegal pollution (chemicals, radioactive materials, mercury, ozone-depleting substances, fluorinated greenhouse gases);
• abstraction of surface water or groundwater, if such act causes or may cause significant damage to the ecological status or ecological potential of surface water bodies or to the quantitative status of groundwater bodies;
• The discharge, emission or introduction into the air, soil or water of such quantities of materials or substances, energy or ionizing radiation that cause or are likely to cause death or serious injury to persons or substantial damage to the quality of air, soil or water, or substantial damage to the ecosystem, animals or plants;
• Illegal management of hazardous waste;
• illegal mining;
• unlawful operation or closure of facilities associated with hazardous activities or substances;
• Illegal ship recycling and discharges of pollutants from ships;
• Trading in illegally harvested timber;
• Illegal destruction or trafficking of wildlife;
• unlawful deterioration of protected habitats.

How the Convention Works

The Convention is an international legal instrument. It obliges the states that have acceded to it to comply with the obligations contained therein.

As a multilateral treaty, it is the legal basis on which parties base their national legislation and cooperation in the area of common interest.

The Convention on the Protection of the Environment through Criminal Law consists of 58 articles, divided into chapters and sections. This is to make the document clear and readable. The Convention’s penalties are intended to be effective, proportionate and a deterrent to environmental damage. Thus in the case of:

• individuals will include imprisonment and/or monetary sanctions;
• legal entities are provided for financial penalties, as well as additional optional measures such as exclusion from public contracts, suspension of operations, and restoration of the environment.

Enforcement of judgments is the responsibility of the national judicial authorities of countries that have ratified the Convention.

Entry into force of the Convention

The convention will enter into force after ten ratifications, of which at least eight signing states must be members of the Council of Europe. The document is open for signature to all participants in its drafting process, as well as the EU. Once the Convention enters into force, non-member states may be invited to join.