Environmental offences: the Council of Ministers transposes EU Directive 2024/1203

Environmental offences: the Council of Ministers transposes EU Directive 2024/1203

New criminal laws to strengthen environmental protection and combat crimes...
The Council of Ministers, upon proposal by the Minister for European Affairs, the PNRR and Cohesion Policies, Tommaso Foti, and the Minister of Justice, Carlo Nordio, has approved, in preliminary examination, a legislative decree implementing 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, which replaces Directives 2008/99/EC and 2009/123/EC.

The legislative intervention aims to strengthen the prevention and fight against environmental crimes, taking into account the increased relevance of environmental degradation, biodiversity loss, and the effects of climate change, as well as the cross-border dimension of environmental crime.
Amendments to the Criminal Code are introduced, updating and integrating the rules on environmental crimes, with particular reference to environmental pollution and the new categories of trade in pollutants, production and trade in ozone-depleting substances, and greenhouse gases. Furthermore, the aggravating circumstances are strengthened, the definition of abusive conduct is clarified, and the penalties are adjusted, in line with the provisions of the European Directive.
The measure expands the list of environmental crimes relevant to the administrative liability of legal entities, companies, and associations, including those without legal personality (Legislative Decree No. 231 of June 8, 2001), and adapts the sanctions regime, in compliance with the principles of proportionality and effectiveness.

The Council of Ministers, upon proposal by the Minister for European Affairs, the PNRR and Cohesion Policies, Tommaso Foti, and the Minister of Justice, Carlo Nordio, has approved, in preliminary examination, a legislative decree implementing 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, which replaces Directives 2008/99/EC and 2009/123/EC.

The legislative intervention aims to strengthen the prevention and fight against environmental crimes, taking into account the increased relevance of environmental degradation, biodiversity loss, and the effects of climate change, as well as the cross-border dimension of environmental crime.
Amendments to the Criminal Code are introduced, updating and integrating the rules on environmental crimes, with particular reference to environmental pollution and the new categories of trade in pollutants, production and trade in ozone-depleting substances, and greenhouse gases. Furthermore, the aggravating circumstances are strengthened, the definition of abusive conduct is clarified, and the penalties are adjusted, in line with the provisions of the European Directive.

The measure expands the list of environmental crimes relevant to the administrative liability of legal entities, companies, and associations, including those without legal personality (Legislative Decree No. 231 of June 8, 2001), and adapts the sanctions regime, in compliance with the principles of proportionality and effectiveness.
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