Environmental Crime Directive: EU Introduces New Offences And Penalties

The revised Environmental Crime Directive ("revised ECD") was published in the Official Journal of the EU on 30 April 2024 and comes into force on 20 May 2024.

The revised ECD provides for new environmental crimes and introduces a so-called "qualified offence" which is comparable to "ecocide", as well as increased imprisonment sentencing and fines.

Member States will need to adopt the necessary national measures to transpose the revised ECD by 21 May 2026.

Background

The revised ECD forms part of the European Green Deal and is the result of a lengthy process which began with the Commission's observation that the prosecution of environmental crimes remained low in the EU. The Commission's key proposed changes to the existing rules date back to 15 December 2021 and include refining of the list of environmental crimes, clarifying undefined terms, strengthening statutory penalties and power of the competent authorities, as well as recognition of the role of