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Document 52025PC0434
Proposal for a 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
Proposal for a 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
Proposal for a 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
COM/2025/434 final
EUROPEAN COMMISSION
Brussels, 29.7.2025
COM(2025) 434 final
2025/0244(NLE)
Proposal for a
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
EXPLANATORY MEMORANDUM
The present proposal concerns the conclusion on behalf of the European Union of the Council of Europe Convention on the protection of the environment through criminal law (hereafter “the Convention”).
1.CONTEXT OF THE PROPOSAL
•Reasons for and objectives of the proposal
Environmental crime causes significant damage to the environment, to human health and to economies and has become a growing concern of the EU and world-wide. Environmental crime is the fourth largest organised criminal activity in the world after drugs trafficking, human trafficking and counterfeiting. It is growing at annual rates of between 5 and 7% ( 1 ). Crimes like illegal deforestation, water-, air and soil pollution, traffic in ozone-depleting substances, poaching and other offences heavily damage biodiversity, harm human health and destroy whole ecosystems. The global impact of the resulting damage and degradation, often involving organised crime on a transnational scale, requires decisive action, strong international cooperation based on a common understanding of environmental crime categories, sanctions, and cross-border cooperation.
Over the past decades the EU has gradually stepped up its efforts to regulate conduct that is harmful to the environment. Today, a significant number of EU legislative instruments, mainly directives, lay down relevant standards and limits for a variety of environmental sectors and related obligations for duty-holders. To further enhance the protection of the environment and strengthen the fight against environmental crime, the EU has adopted 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 (hereafter “ECD”). The ECD establishes common minimum rules with regard to the definition of criminal offences and penalties to protect the environment more effectively as well as with regard to measures to prevent and combat environmental crime and to effectively enforce Union environmental law. The ECD entered into force on 20 May 2024 and requires Member States to adopt the necessary transposition measures by 20 May 2026.
The Council of Europe, being the institution which adopted the first international instrument to combat environmental crime in the 1998 Convention on the Protection of the Environment through Criminal Law ( 2 ) (hereafter “1998 Convention”) also acknowledges the need for an enhanced international approach to combat these crimes.
The 1998 Convention never entered into force as the necessary minimum number of ratifications or accessions was not attained.
Therefore, the Steering Committee of the Council of Europe for overseeing and coordinating activities in the field of crime prevention and crime control – the European Committee on Crime Problems (“CDPC”) – established a Working Group of Experts on the Protection of the Environment through Criminal Law (“CDPC-EC”) to consider in a Feasibility Study ( 3 ) the possible way forward, by assessing whether the elaboration of a new Convention to replace the existing 1998 Convention was feasible and appropriate, which in June 2022 decided that drafting a new Convention was feasible and appropriate.
On 23 November 2022, the Committee of Ministers of the Council of Europe adopted the Terms of Reference for a new Committee of Experts on the Protection of the Environment though Criminal Law (“PC-ENV”) ( 4 ). The PC-ENV was set up and entrusted, under the authority of the Committee of Ministers and the CDPC, to elaborate a new Convention on the Protection of the Environment through Criminal Law.
The Union negotiated the Convention based on Article 216(1), fourth alternative of the Treaty on the Functioning of the European Union (“TFEU”), according to which the Union may negotiate and conclude an international agreement, where that agreement “(…) is likely to affect common rules or alter their scope”.
The European Commission represented the Union in the negotiations of the Convention, in accordance with Article 218(3) and (4) TFEU in line with the Council Decision authorising the European Commission to participate( 5 ).
The Union has participated actively in the negotiations and pursued the goal of ensuring compatibility of the Convention with Union law, consistency with the ECD, as well as quality and added value of the Convention on international level.
After several negotiation rounds( 6 ), the PC-ENV agreed on the text of the new Convention at its fourth meeting which took place from 4-7 June 2024.
The Committee of Ministers of the Council of Europe adopted the Convention on […] and opened it for signature on […] in [...].
The Convention is fully compatible with Union law in general, and the ECD in particular, and will promote key concepts from the Union approach to environmental crime globally among other Council of Europe members and key international partners that can become Parties to the Convention.
Content of the Convention
The objective of the Convention is to effectively prevent and combat environmental crime, to promote and enhance national and international co-operation and to establish minimum rules to guide states in their national legislation.
The Convention applies to the prevention, detection, investigation, prosecution and sanctioning of criminal offences and defines the terms “unlawful”, “water”, “ecosystem” and “waste”. These definitions are fully in line with relevant definitions and concepts under EU law.
The Convention commits its Parties to take the necessary measures to adopt the provisions laid out in the Convention. It covers measures to establish as criminal offences in domestic law unlawful conduct covered by the Convention and to provide for relevant sanctions as well as several measures to ensure the effective fight against environmental crime, including on resources, training, cooperation and strategic approaches.
The substantial criminal law chapter refers to unlawful and intentional offences related to pollution, placing on the market of products in breach of environmental requirements, offences related to chemical substances, radioactive material or substances, mercury, ozone depleting substances and fluorinated greenhouse gases, offences related to waste, installations, ships, as well as unlawful abstraction of surface water or groundwater, trade in unlawfully harvested timber, unlawful mining and killing, destruction, taking and possession of protected wild flora or fauna, trading in protected wild fauna or flora, unlawful deterioration of habitats within a protected site and offences related to invasive alien species.
The Convention also provides for the establishing as a particularly serious offence any of the offences covered by the Convention when committed intentionally and leading to particularly serious damage or destruction.
A dedicated section on general provisions of criminal law includes provisions on inciting, aiding and abetting and attempt, jurisdiction, liability of legal persons, sanctions and measures, aggravating circumstances and taking into account previous sentences passed by another Party. The sanctions for natural persons should include imprisonment and may also include monetary sanctions. Sanctions for legal persons should include criminal or non-criminal monetary sanctions and could include other measures, such as disqualification from exercising commercial activity, exclusion from entitlement to public benefit, aid or access to public funding and placing under judicial supervision. Parties should also enable the freezing, seizure and confiscation of instrumentalities and proceeds of crime derived from the offences established in accordance with this Convention.
The investigation and prosecution of offences should not be subordinate to a complaint. Persons having sufficient interest or maintaining the impairment of a right and non-governmental organisations promoting environmental protection should have the right to participate in criminal proceedings to the extent that such rights exist in the Party in proceedings for other criminal offences.
The Convention commits its Parties to co-operate and co-ordinate with each other in accordance with this Convention and through the application of relevant international and regional instruments on cooperation in criminal matters. It also enables information exchange between the Parties, while data protection rules need to be complied with.
Furthermore, the Convention provides for measures of protection of victims and witnesses or persons who report offences or otherwise co-operate with justice.
A Committee of the Parties, composed of representatives of the Parties will be established, which, through a monitoring mechanism, shall monitor the implementation of the Convention and facilitate the collection, analysis and exchange of information, experience and good practice between Parties.
The Convention also provides a basis for Parties to avail themselves of certain reservations, including the possibility of regional integration organisations to specify the scope of certain notions in the Convention based on their harmonised law.
•Consistency with existing policy provisions in the policy area
The Convention was negotiated taking into account the comprehensive negotiating directives adopted by the Council together with the authorisation to negotiate on 28 September 2023.
The Convention is fully aligned with the aim of the Union for a high level of protection and improvement of the quality of the environment as provided for in Article 3(3) TEU and Article 191 TFEU.
The Convention closely reflects the scope, structure and content of the ECD, covering matters falling within the Union's competence, as defined by the Treaties.
The legal definitions and terminology in the Convention are in line with the relevant legal definitions and concepts under EU law, for instance the definition of “ecosystem” in Article 2(2)(c) of the ECD and in Article 3(c) of the Convention. The offence categories in the Convention correspond to the offences established under the ECD as well as the provisions on persons’ liability and sanctions; procedural rights and cooperation; preventive measures and civil society participation.
Environmental offences in the Convention and their scope are clearly defined and are compatible with EU law, in particular with the list of criminal offences in Article 3(2) of the ECD. The list of criminal offences covered by the Convention addresses intentional and unlawful conduct and is fully in line with the offences established under the ECD. An offence on “unlawful fishing” which was in the initial Council of Europe draft is not included in the text agreed at expert level because of lack of agreement between the Parties. There was no agreement also on the scope and definition of the offence on “unlawful mining and trafficking in minerals and metals” as proposed in the initial Council of Europe draft. The relevant provision was re-drafted and covers now only mining activities undertaken without a legally required development consent, which is in line with the ECD. Furthermore, similar to the ECD, the Convention defines a “particularly serious offence” in case of destruction, or irreversible, widespread and substantial damage, or long-lasting, widespread and substantial damage to an ecosystem of considerable size or environmental value, or to a habitat within a protected site, or to the quality of air, soil or water.
Provisions from the initial Council of Europe draft Convention related to state obligations and due diligence, non-governmental organisations and civil society, education, participation of the private sector and the media, assessment of environmental claims were deleted and are not retained in the final text of the Convention.
Provisions on prevention and awareness raising, training of professionals and data collection in the Convention were amended and in substance aligned with corresponding provisions in the ECD (for example Article 16 and Article 18 of the ECD).
The general criminal law provisions, such as inciting, aiding and abetting and attempt, jurisdiction, liability of legal persons, sanction and measures, freezing and confiscation and aggravating circumstances, included in the Convention are largely aligned with the corresponding provisions in the ECD. Beyond that, these provisions are also reflected in other EU criminal law instruments such as Directive (EU) 2024/1226 (Directive on the definition of criminal offences and penalties for the violation of Union restrictive measures) or Directive (EU) 2017/1371 (Directive on the fight against fraud to the Union’s financial interests by means of criminal law) as well as other instruments such as Directive (EU) 2024/1260 (Directive on asset recovery and confiscation).
The liability of legal persons in Article 34 of the Convention fully aligns with the provisions of Article 6 of the ECD, as both are subject to the same conditions and use the same wording. In addition, also Article 33 of the Convention on jurisdiction aligns with the provisions of Article 12 of the ECD, as both determine similar mandatory grounds for establishing jurisdiction and the provision on jurisdiction claims by more than one party of the Convention corresponds in content and nature to the provision in the ECD.
The Convention provisions related to sanctions for natural persons require Parties to ensure that offences under the Convention are punishable by imprisonment (without, however, setting specific minimum requirements for maximum terms of imprisonment as in the ECD). Parties may introduce also monetary sanctions. These provisions on penalties for natural persons are in line with the ECD and also present in other EU criminal law instruments, such as for example Directive (EU) 2024/1226. Both legal frameworks provide for monetary sanctions, for legal persons as well as accessory sanctions or measures, as disqualification of exercising commercial activity, exclusion from access to public funding, including tender procedures, grants, concessions and withdrawal of permits and authorisation. All types of penalties and measures in the Convention are also included in the ECD, as well as aligned with other EU criminal legal instruments such as Article 9 of Directive (EU) 2017/1371 and Article 7 of Directive (EU) 2024/1226.
The freezing and confiscation of instrumentalities and proceeds of environmental criminal offences established in the respective legal framework is included in Article 35(3) of the Convention as well as in Article 10 of the ECD. Moreover, the concept of freezing and confiscating instrumentalities and proceeds in Article 35(3) of the Convention aligns with Directive (EU) 2024/1260 on asset recovery and confiscation and Regulation (EU) 2018/1805 on the mutual recognition of freezing orders and confiscation orders. Similar provisions on the freezing and confiscation of instrumentalities and proceeds can be also found in Article 10 of Directive (EU) 2024/1226 and Article 10 of Directive (EU) 2017/1371.
Both legal frameworks provide for aggravating circumstances, the Convention in Article 36 and the ECD in Article 8. Whereas the Convention includes the same aggravating circumstances as the ECD, the latter goes beyond by listing other aggravating circumstances, such as the destruction of evidence or intimidation of witnesses or complainants by the offender. In addition, the aggravating circumstances included in Article 8 of Directive (EU) 2024/1226 reflect the ones in the Convention almost fully.
The importance of rights to participate in proceedings for persons having sufficient interest or maintaining the impairment of a right, as well as non-governmental organisations that promote environmental protection, is highlighted in Article 39 of the Convention as well as in Article 15 of the ECD.
While the ECD will apply to environmental criminal offences in the Union, the Convention has a broader geographic reach encompassing Council of Europe members and third states around the world that can become parties to the Convention. The Convention thus represents a unique opportunity to foster environmental protection beyond the Union in an international legally binding treaty.
According to the negotiating directives it should be achieved that the Convention is compatible with the Union acquis, which contributes to the pursuit of the objectives of the Union policy protecting the environment and reflects as much as possible the scope of the new ECD. A reservation specifying the meaning, and the scope of the terms mentioned in Article 56(3) of the Convention is a tool to ensure that the Convention is in line with the Union acquis, including and in particular with the ECD.
•Consistency with other Union policies
The Convention is fully consistent with other EU policies and will not require the EU to amend its rules, regulations or standards in any regulated area.
The Convention also shares common objectives with other Union policies and legislation that aim to implement fundamental rights enshrined in the Charter of Fundamental Rights of the Union.
In particular, the principle of non-discrimination enshrined in the Convention is fully consistent with Union non-discrimination legislation and will promote the integration of equality consideration in the implementation of the Convention.
The Convention is also consistent with Title V of Part Three of the TFEU which confers upon the European Union competences in the area of freedom, security and justice. In addition to the ECD, the European Union has adopted a comprehensive set of legal instruments to fight environmental crime among other crimes. The following legal instruments form part of this legal framework:
·Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law,
·Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law,
·Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on asset recovery and confiscation,
·Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA,
·Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA,
·Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support, and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA,
·Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime.
The Convention is furthermore consistent with the Union data protection acquis, including the General Data Protection Regulation (GDPR)( 7 ) and the Data Protection Law Enforcement Directive( 8 ).
Moreover, the Convention is consistent with the comprehensive body of Union environmental law in force or currently under revision that is covered by the new ECD as a horizontal instrument. Union environmental law and the ECD interact with each other, insofar as the definition of a criminal offence under the ECD requires unlawful conduct, i.e. a breach of obligations as defined in Union environmental law.
2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
•Legal basis
This proposal is submitted to the Council pursuant to Article 218(6) TFEU.
The substantive legal basis for a decision under Article 218(6) TFEU depends primarily on the objective and content of the envisaged act. According to the case-law, if an examination of a Union measure reveals that it pursues two purposes or that it comprises two components and if one of these is identifiable as the main or predominant purpose or component, whereas the other is merely incidental, the measure must be founded on a single legal basis, namely that required by the main or predominant purpose or component.
The Convention coincides largely with the ECD. Given that the main objective of the Convention is to establish minimum rules on the definition of relevant criminal offences, to set minimum standards for sanctions and to lay down minimum standards for other measures to combat environmental crime more effectively, the legal basis of the ECD, Article 83(2) TFEU, is also the substantive legal basis for the conclusion of the Convention.
Since the proposal concerns an area where the ordinary legislative procedure is applied (Article 83(2) TFEU), the procedural legal basis is Article 218(6), second subparagraph, point (a)(v), TFEU and, therefore, the consent of the European Parliament is required.
·Union competence
The nature of international agreements (“EU-only” or “mixed”) is contingent upon the Union competences with regard to the specific subject matter.
Article 3(2) TFEU provides that the Union has exclusive competence “for the conclusion of an international agreement (...) in so far as its conclusion may affect common rules or alter their scope.” In particular, the European Court of Justice has clarified that a “finding that there is such a risk [of affectation or alteration of EU rules by international commitments] does not presuppose that the areas covered by the international commitments and those covered by the EU rules coincide fully” but that “the scope of common EU rules may be affected or altered by such commitments also where those commitments fall within an area which is already largely covered by such rules”. ( 9 ) The analysis of the nature of the Union competence must take into account the areas covered by the EU rules and by the provisions of the agreement envisaged, their foreseeable future development and the nature and content of those rules and those provisions, in order to determine whether the envisaged agreement is capable of undermining the uniform and consistent application of the EU rules and the proper functioning of the system which they establish( 10 ).
Considering that the scope of the Convention largely coincides with the ECD, the conclusion may affect common Union rules or alter their scope within the meaning of Article 3(2) TFEU.
The new Convention closely reflects the structure, nature, content and scope of the ECD. Both contain aligning provisions on purpose and scope, terminology and definitions, criminal offences, the liability of legal persons, jurisdiction, sanctions and measures, aggravating circumstances, procedural rights and cooperation, preventive measures and civil society participation. Additionally, during the negotiations, several provisions from the initial draft Convention proposed by the PC-ENV were removed, leading to an even closer alignment of the Convention text with the ECD. By way of illustration, the provisions deleted concerned state obligations and due diligence, non-governmental organisations and civil society, education, participation of the private sector and the media, assessment of environmental claims, unlawful fishing, the establishment of a group of experts on the protection of the environment and action against environmental crime, the parliamentary involvement in monitoring, and the validity and review of reservations. Several provisions also underwent significant changes compared to the initial draft, for example the definition of “unlawful” and the particularly serious offence (previously called “ecocide”), which now closely reflect the content of the ECD.
Further, Union rules on environmental crime have been in place since 2008 and given the growing importance and impact of these crimes, they will continue to be a high priority and evolve at Union level. Consequently, since the Convention falls within an area largely covered by EU common rules, the Union should have the exclusive external competence to conclude the Convention for the Union as an “EU only” agreement.
The Convention provides that it is open for signature to the European Union (Article 53(1)). The Convention also includes provisions on reservations which allow a declaration to specify the scope of the term “unlawful” and of the notions “domestic law”, “domestic provisions”, “protected” and “requirement” used in the definition of some offences under the Convention.
•Subsidiarity (for non-exclusive competence)
Not applicable.
•Proportionality
The Convention does not go beyond what is necessary to achieve the policy objectives to effectively combat environmental crime and, therefore, is in accordance with the principle of proportionality, as set out in Article 5(4) TEU. The Union has already exercised internal competence in this area through the adoption of the ECD.
The considerations that apply regarding the ECD also apply to the Convention, as the impact of environmental crimes and the significance of the protection of the environment goes across borders and calls for an international approach. The Convention defines the scope of the criminal offences to cover all relevant conduct while limiting it to what is necessary and proportionate. Both the offences and sanctions put down in the Convention are limited to serious breaches of environmental law and thus respect proportionality.
•Choice of the instrument
Article 218(6) TFEU provides that the Commission or the High Representative of the Union for Foreign Affairs and Security Policy shall submit proposals to the Council, which shall adopt a decision on the conclusion of an international agreement. Given the subject matter of the envisaged agreement, it is appropriate for the Commission to submit a proposal to that effect.
3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
•Ex-post evaluations/fitness checks of existing legislation
Not applicable.
•Stakeholder consultations
The European Commission has not carried out specific stakeholder consultation on this proposal.
The elaboration of the Convention was a collaborative effort of the Council of Europe Committee of Experts on the protection of the environment through criminal law, involving the member states of the Council of Europe, as well as observer states including the Holy See.
In accordance with the Council of Europe’s commitment to engaging with diverse stakeholders, the development of the Convention also involved input from civil society representatives and other international organisations, including the United Nations environment program (UNEP), the United Nations office on drugs and crime (UNODC), the global initiative to end wildlife crime (EWC), Wild Legal and the Wildlife Justice Commission.
•Collection and use of expertise
The Union’s negotiation positions for the Convention have been prepared in consultations with the Council Working Party on Judicial Cooperation in Criminal Matters (COPEN).
•Impact assessment
Not applicable.
•Regulatory fitness and simplification
Not applicable.
•Fundamental rights
The Convention aims to improve the environment as it is subject to Article 37 of the Charter of Fundamental Rights of the European Union (”the Charter”) and therefore also the well-being of citizens, positively influencing the right to life (Article 2 of the Charter), the right to physical integrity (Article 3), the care and well-being of children (Article 24), the right to healthy working conditions (Article 31) and the right to access to preventive health care (Article 35).
The Convention ensures the necessity and proportionality of any interference with the protection of personal data by guaranteeing the application of adequate data protection safeguards to the personal data transferred in Article 42 of the Convention, in line with applicable legislation and international agreements.
The Convention regards the fundamental rights of
–the freedom to conduct a business by establishing the liability of legal persons in Article 34 and clearly determining in which cases a legal person will be held responsible for environmental crimes, as well as providing for sanctions against legal persons in Article 35(2), which must be effective, proportionate and dissuasive therefore ensuring the necessity and proportionality of any interference with the freedom to conduct a business,
–the principles of legality and proportionality of criminal offences and penalties (Article 49 of the Charter) in Article 35 by providing for effective, proportionate and dissuasive measures, which take into account the seriousness of the offence, as well as providing for instances of a particularly serious offence in Article 31 and aggravating circumstances in Article 36,
–the right not to be tried or punished twice in criminal proceedings for the same offence (Article 50 of the Charter – ne bis in idem) in Article 37 by providing for the possibility to take into account final sentences passed by another Party,
and should be implemented and applied by its Parties with due respect for these rights.
4.BUDGETARY IMPLICATIONS
The Convention envisages financial contributions of non-member states to the activities of the Committee of the Parties. While all members of the Council of Europe will contribute through the ordinary budget of the Council of Europe in accordance with the Statute of the Council of Europe, Parties that are not members will make extrabudgetary contributions. The contribution of a non-member of the Council of Europe shall be established jointly by the Committee of Ministers and that non-member.
5.OTHER ELEMENTS
•Implementation plans and monitoring, evaluation and reporting arrangements
The Convention provides for a monitoring mechanism whereby the Committee of Parties, composed of representatives of the Parties, will monitor the implementation of the Convention. It will also facilitate the collection, analysis and exchange of information, experience and good practice between parties, where appropriate it will also facilitate the effective use and implementation of the Convention and express an opinion on any question regarding its application.
•Explanatory documents (for directives)
Not applicable.
•Detailed explanation of the specific provisions of the proposal
Article 1 explains the purpose of the Convention.
Article 2 defines the scope of the Convention.
Article 3 includes the definitions of important terms of the Convention.
Article 4 states the application of the principle of non-discrimination for the Convention.
Article 5 provides for comprehensive and co-ordinated policies from the Parties of the Convention.
Article 6 provides for the establishing and publishing of a national strategy.
Article 7 provides that the Parties allocate financial and human resources.
Article 8 provides for the training of professionals by the Parties.
Article 9 sets out the scope of data collection and research.
Article 10 states the general obligations under the Convention to take necessary legislative or other measures to prevent offences established by the Convention.
Article 11 provides for measures of awareness-raising.
Article 12 establishes offences related to unlawful pollution.
Article 13 establishes offences related to the placing on the market of products in breach of environmental requirements.
Article 14 establishes offences related to chemical substances.
Article 15 establishes offences related to radioactive material or substances.
Article 16 establishes offences related to mercury.
Article 17 establishes offences related to ozone depleting substances.
Article 18 establishes offences related to fluorinated greenhouse gases.
Article 19 establishes offences related to the unlawful collection, treatment, transport, recovery, disposal or shipment of waste.
Article 20 establishes offences related to the unlawful operation or closure of an installation concerning a dangerous activity.
Article 21 establishes offences related to the unlawful operation or closure of an installation involving dangerous substances.
Article 22 establishes offences related to the unlawful recycling of ships.
Article 23 establishes offences related to the ship-source discharges of polluting substances.
Article 24 establishes offences related to the unlawful abstraction of surface water or groundwater.
Article 25 establishes offences related to trade in unlawfully harvested timber.
Article 26 establishes offences related to unlawful mining.
Article 27 establishes offences related to the unlawful killing, destruction, taking and possession of protected wild fauna or flora.
Article 28 establishes offences related to the unlawful trading in protected wild fauna or flora.
Article 29 establishes offences related to the unlawful deterioration of habitats within a protected site.
Article 30 establishes offences related to invasive alien species.
Article 31 establishes what is to be considered a particularly serious offence.
Article 32 provides for inciting, aiding and abetting and attempt.
Article 33 states in which cases Parties shall establish their jurisdiction regarding the Convention.
Article 34 provides for the liability of legal persons.
Article 35 provides for sanctions and measures.
Article 36 provides for aggravating circumstances.
Article 37 provides for the possibility to take into account previous sentences passed by another Party.
Article 38 provides for initiation and continuation of proceedings.
Article 39 lists instances in which the Parties should consider granting rights to persons and non-governmental organisations to participate in proceedings.
Article 40 provides for international co-operation in criminal matters.
Article 41 establishes the option to forward information between Parties without prior request.
Article 42 states that the data protection rules in applicable legislation and international agreements governing the protection of personal data are to be complied with.
Article 43 provides for the standing of victims in criminal investigations and proceedings.
Article 44 provides for the protection of witnesses under the Convention.
Article 45 provides for the protection of persons who report offences or co-operate with justice under the Convention.
Article 46 provides for the composition of the Committee of the Parties and its internal procedures.
Article 47 lists which other representatives shall or may get appointed to the Committee of the Parties.
Article 48 lists the functions of the Committee of the Parties.
Article 49 concerns the relationship with other sources of international law.
Article 50 concerns amendments to the Convention.
Article 51 states the effects of the Convention.
Article 52 regulates the mechanism for dispute settlements concerning the Convention.
Article 53 provides for the signature and entry into force of the Convention.
Article 54 provides for the accession to the Convention.
Article 55 relates to the territorial application of the Convention.
Article 56 provides for the option of reservations to certain provisions of the Convention, in particular the possibility of regional integration organisations to specify the scope of certain notions in the Convention based on their harmonised law.
Article 57 provides for the denunciation of the Convention.
Article 58 provides for the cases in which notification from the Secretary General of the Council of Europe are to be made.
·Text of the Convention and notifications
The text of the Convention is submitted to the Council together with this proposal.
The text of the reservation is submitted together with this proposal.
In accordance with the Treaties, it is for the Commission to proceed, on behalf of the Union, to make the notification provided for in Article 58 of the Convention, in order to express the consent of the Union to be bound by the Convention.
In accordance with the Treaties, it is also for the Commission to make the notifications provided for in Articles 14(2), 20(2), 21(2), 26(2) and 29(2) of the Convention.
2025/0244 (NLE)
Proposal for a
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
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 83(2), in conjunction with Article 218(6), second subparagraph, point (a) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament( 11 ),
Whereas:
(1)In accordance with Council Decision [XXX] of […]( 12 ), the Council of Europe Convention on the protection of the environment through criminal law (“the Convention”) was signed on […], subject to its conclusion at a later date.
(2)The Convention lays down provisions on its purpose and scope, legal definitions and terminology, criminal offences, the liability of legal persons, sanctions and other measures, aggravating and mitigating circumstances, procedural rights and cooperation, preventive measures and civil society participation regarding environmental crime.
(3)On 11 April 2024, the European Parliament and the Council adopted, on the basis of Article 83(2) of the Treaty on the Functioning of the European Union, Directive (EU) 2024/1203 of the European Parliament and of the Council( 13 ), which widely aligns with the Convention.
(4)Considering that the scope and the substantive provisions of the Convention coincide to a large extent with Directive (EU) 2024/1203, the conclusion of the Convention may affect common Union rules or alter their scope within the meaning of Article 3(2) of the Treaty on the Functioning of the European Union. Consequently, the Union enjoys exclusive external competence to conclude the Convention.
(5)In order to ensure compatibility between the Convention and Directive (EU) 2024/1203, the Union should avail itself of the possibility provided in Article 56(3) of the Convention to specify the scope of the term “unlawful” and other notions used for the purpose of defining criminal offences under the Convention by means of a reservation.
(6)The Convention and the reservation should be approved.
(7)[In accordance with Article 3 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Ireland has notified its wish [, by letter of …,] to take part in the adoption and application of this Decision.] or [In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.]
(8)In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,
(9)The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council 14 and delivered an opinion on XXXX 15 ,
HAS ADOPTED THIS DECISION:
Article 1
The Council of Europe Convention on the protection of the environment through criminal law is hereby approved( 16 ).
Article 2
The reservation is hereby approved( 17 ).
Article 3
This Decision shall enter into force on […]( 18 ).
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 29.7.2025
COM(2025) 434 final
ANNEXES
to the
Proposal for a 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
ANNEX 1
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COMMITTEE OF MINISTERS |
CM Documents |
CM(2025)52-final |
14 May 2025 |
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134th Session of the Committee of Ministers (Luxembourg, 13-14 May 2025) Council of Europe Convention on the Protection of the Environment through Criminal Law |
Preamble
The member States of the Council of Europe and the other Signatories to this Convention,
Recalling the Reykjavik Declaration, adopted at the 4th Summit of Heads of State and Government of the Council of Europe (Reykjavik, 16-17 May 2023), in which the Heads of State and Government of the Council of Europe declared their commitment to strengthening their work at the Council of Europe on the human rights aspects of the environment, to identifying the challenges raised by the triple planetary crisis of pollution, climate change and loss of biodiversity for human rights, and to contributing to the development of common responses thereto;
Recalling the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5, 1950) and its Protocols, the Convention on the Conservation of European Wildlife and Natural Habitats (ETS No. 104, 1979) and the Council of Europe Landscape Convention (ETS No. 176, 2000);
Having regard to the European Convention on Extradition (ETS No. 24, 1957) and its Protocols, the European Convention on Mutual Assistance in Criminal Matters (ETS No. 30, 1959) and its Protocols, the European Convention on the International Validity of Criminal Judgments (ETS No. 70, 1970), the European Convention on the Transfer of Proceedings in Criminal Matters (ETS No. 73, 1972), the Criminal Law Convention on Corruption (ETS No. 173, 1999), the Convention on Cybercrime (ETS No. 185, 2001) and its Protocols and the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198, 2005);
Having regard to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108, 1981) and the Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (CETS No. 223, 2018);
Recalling the following recommendations of the Committee of Ministers to member States of the Council of Europe: Recommendation No. R (88) 18 concerning liability of enterprises having legal personality for offences committed in the exercise of their activities, Recommendation No. R (96) 8 on crime policy in Europe in a time of change, Recommendation Rec(2001)11 concerning guiding principles on the fight against organised crime, Recommendation CM/Rec(2014)7 on the protection of whistleblowers, Recommendation CM/Rec(2022)9 on the protection of witnesses and collaborators of justice and Recommendation CM/Rec(2022)20 on human rights and the protection of the environment;
Recalling Resolution (77) 28 of the Committee of Ministers of the Council of Europe on the contribution of criminal law to the protection of the environment;
Recalling Parliamentary Assembly of the Council of Europe Resolution 2398 (2021) and Recommendation 2213 (2021) “Addressing issues of criminal and civil liability in the context of climate change”, Resolution 2477 (2023) and Recommendation 2246 (2023) “Environmental impact of armed conflicts” and Recommendation 2272 (2024) “Mainstreaming the human right to a safe, clean, healthy and sustainable environment with the Reykjavik process” that call for the recognition of ecocide, which is already covered by the law of certain member States of the Council of Europe and is being discussed at the international level;
Taking into account the case law of the European Court of Human Rights which sets important standards regarding the protection of human rights and the environment;
Bearing in mind 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;
Bearing in mind the United Nations Framework Convention on Climate Change (1992) and the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (1998);
Bearing in mind the United Nations Convention against Transnational Organized Crime (2000) and the United Nations Convention against Corruption (2003);
Bearing in mind the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (1973) and the United Nations Convention on Biological Diversity (1992);
Bearing in mind the International Convention for the Prevention of Pollution from Ships (MARPOL, 1973) and its Protocols, the International Convention for the Safety of Life at Sea (SOLAS Convention, 1974), the United Nations Convention on the Law of the Sea (UNCLOS, 1982), the Convention on the Protection and Use of Transboundary Watercourses and International Lakes (1992) and the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (2009);
Bearing in mind the Convention on the Physical Protection of Nuclear Material and its amendment (1979), the Convention on Long-range Transboundary Air Pollution (1979), the Montreal Protocol on Substances that Deplete the Ozone Layer (1987), the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989), the Convention on Environmental Impact Assessment in a Transboundary Context (1991), the Convention on Nuclear Safety (1994), the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (1997), the Stockholm Convention on Persistent Organic Pollutants (2001) and the Minamata Convention on Mercury (2013);
Recalling the principles of the Declaration of the United Nations Conference on the Human Environment (1972) and the Rio Declaration of the United Nations on Environment and Development (1992);
Recalling the Paris Agreement, adopted at the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (COP 21) on 12 December 2015 and opened for signature on 22 April 2016, the Glasgow Climate Pact, adopted at COP 26, the outcome of the first global stocktake adopted at COP 28 and the Kunming-Montreal Global Biodiversity Framework, adopted by the Parties to the United Nations Convention on Biological Diversity on 18 December 2022;
Recalling the following resolutions by the General Assembly of the United Nations: A/RES/75/196 of 16 December 2020, entitled “Strengthening the United Nations crime prevention and criminal justice programme, in particular its technical cooperation capacity”; A/RES/76/185 of 16 December 2021, entitled “Preventing and combating crimes that affect the environment”; A/RES/76/300 of 28 July 2022, entitled “The human right to a clean, healthy and sustainable environment”; and A/RES/77/325 of 25 August 2023, entitled “Tackling illicit trafficking in wildlife”;
Recalling the following United Nations Economic and Social Council resolutions: Resolution 2013/40 of 25 July 2013 “Crime prevention and criminal justice responses to illicit trafficking in protected species of wild fauna and flora”, Resolution 2008/25 of 24 July 2008 “International cooperation in preventing and combating illicit international trafficking in forest products, including timber, wildlife and other forest biological resources” and Resolution 1996/10 of 23 July 1996 “The role of criminal law in the protection of the environment”;
Recalling the Kyoto Declaration on Advancing Crime Prevention, Criminal Justice and the Rule of Law: Towards the Achievement of the 2030 Agenda for Sustainable Development, adopted by the Fourteenth United Nations Congress on Crime Prevention and Criminal Justice, held in Kyoto, Japan, from 7 to 12 March 2021;
Recalling the following resolutions by the Conference of the Parties of the United Nations Convention against Transnational Organized Crime: Resolution 11/3 of October 2022 entitled “Outcomes of the joint thematic discussion of the Working Group of Government Experts on Technical Assistance and the Working Group on International Cooperation on the application of the United Nations Convention against Transnational Organized Crime for preventing and combating transnational organized crimes that affect the environment”, Resolution 31/1 of May 2022 of the Commission of Crime Prevention and Criminal Justice entitled “Strengthening the international legal framework for international cooperation to prevent and combat illicit trafficking in wildlife” as well as Resolution 10/6 of October 2020 entitled “Preventing and combating crimes that affect the environment falling within the scope of the United Nations Convention against Transnational Organized Crime” and;
Recognising the primary role and responsibility of States in defining their policies and strategies to prevent and combat environmental crime;
Taking account of the existing research on the cost of environmental crime;
Acknowledging that activities of organised environmental crime hinder and undermine efforts undertaken by States to protect the environment, promote the rule of law and achieve sustainable development;
Recognising that environmental crime has a negative impact on economies, public health, human safety, food security, livelihoods and habitats;
Recognising the fundamental role of effective international co-operation in preventing and combating environmental crime and, to this end, acknowledging the importance of addressing, tackling and effectively responding to international challenges and barriers that hinder such co-operation;
Acknowledging also the important contributions of other relevant stakeholders, including the private sector, civil society, non-governmental organisations, the media, academia and the scientific community, in preventing and combating environmental crime;
Acknowledging also that, in the field of environmental protection, civil society, including environmental non-governmental organisations, plays an important role in contributing to raising public awareness of environmental issues and in the area of prevention and detection of environmental criminal offences;
Recognising the importance of due diligence by legal persons to ensure the protection of the environment and to prevent environmental offences;
Recognising that environmental crime increasingly has extraterritorial effects and takes the form of international trafficking, which, along with the acceleration of degradation phenomena (climate change, erosion of biodiversity, depletion of natural resources, destruction of habitats, etc.), prompts the need for general minimum standards in criminal law as part of a common and collaborative international framework;
Recognising that environmental crime may take many forms, which the law needs to identify, define and criminalise in a clear, effective and proportionate manner, fully respecting the principle of legality;
Recognising that some intentional conduct covered by this Convention can cause particularly severe damage to the environment and that this should be recognised as a particularly serious offence,
Have agreed as follows:
Chapter I – Purposes, scope, definitions and non-discrimination
Article 1 – Purposes of the Convention
1.The purposes of this Convention are to:
(a)effectively prevent and combat environmental crime;
(b)promote and enhance national and international co-operation against environmental crime;
(c)establish minimum rules to guide States in their national legislation;
and thereby promote and enhance the protection of the environment.
2.In order to ensure effective implementation of its provisions by the Parties, this Convention establishes a specific monitoring mechanism.
Article 2 – Scope of the Convention
1.This Convention shall apply to the prevention, detection, investigation, prosecution and sanctioning of criminal offences established in accordance with this Convention.
2.This Convention shall apply in times of peace and in situations of armed conflict, wartime or occupation.
Article 3 – Definitions
For the purposes of this Convention:
(a)the term “unlawful” shall mean infringing a domestic law, a regulation, an administrative provision or a decision taken by a competent authority aimed at protecting the environment. The conduct shall be unlawful even if it is carried out under the authorisation of a competent authority of a Party when the authorisation was obtained fraudulently or by corruption, extortion or coercion;
(b)the term “water” shall mean all surface water categories, including rivers, lakes, transitional waters, coastal waters, all groundwater bodies and all marine waters, including oceans and seas;
(c)the term “ecosystem” shall mean a dynamic complex of plant, fungi, animal and micro-organism communities and their non-living environment which interact as a functional unit. It includes habitat types, habitats of species and species populations;
(d)the term “waste” shall mean any substance or object which the holder discards, intends to discard or is required to discard.
Article 4 – Principle of non-discrimination
The implementation of the provisions of this Convention by the Parties shall be secured without discrimination on any ground such as sex, race, colour, language, age, religion, political or any other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, state of health, disability or other status.
Chapter II – Integrated policies and data collection
Article 5 – Comprehensive and co-ordinated policies
1.Parties shall take the necessary legislative or other measures to adopt and implement effective, comprehensive and co-ordinated policies which encompass appropriate measures to prevent and combat the commission of any offence established in accordance with this Convention.
2.Parties shall take the necessary legislative or other measures to establish appropriate mechanisms for co-ordination and co-operation at strategic and operational levels among all their competent authorities involved in preventing and combating offences established in accordance with this Convention. Such mechanisms shall be aimed at:
(a)ensuring a common understanding of the relationship between criminal and administrative enforcement, as well as the adoption of common priorities and practices;
(b)the exchange of information for strategic and operational purposes within the limits of national law, including data protection rules; and
(c)the exchange of best practices.
3.Parties shall consider designating or establishing one or more official bodies responsible for the co-ordination, implementation, monitoring and evaluation of policies and measures to prevent and combat the commission of any offence established in accordance with this Convention, taking into account their constitutional traditions, legal systems and national circumstances.
4.Measures taken pursuant to this article shall involve all relevant actors, such as government agencies, national, regional and local parliaments and authorities, including the judiciary, public prosecutors, law-enforcement agencies and, where appropriate, non-governmental organisations and other relevant organisations and entities.
5.Parties shall consider assigning specialised investigation units, prosecutors and judges to work on the prevention, investigation, prosecution and adjudication of offences established in accordance with this Convention, taking into account their constitutional traditions, legal systems and national circumstances; and with due respect to the rules governing the status and functions of legal professionals.
Article 6 – National strategy
Parties shall take the necessary legislative or other measures to establish and publish a national strategy on preventing and combating offences established in accordance with this Convention, addressing:
(a)the objectives and priorities of national policy in this area;
(b)the roles and responsibilities of the competent authorities;
(c)the resources needed and how specialisation of enforcement professionals will be supported;
(d)arrangements for regular evaluation of whether the objectives of such a national strategy are being attained; and
(e)the assistance of international networks that deal with matters directly relevant to preventing and combating offences established in accordance with this Convention and related infringements.
Article 7 – Resources
Parties shall allocate appropriate financial and human resources to prevent and combat the commission of any offence established in accordance with this Convention.
Article 8 – Training of professionals
1.Parties shall provide appropriate and regular multidisciplinary, technical and legal training for the relevant professionals dealing with the prevention, detection, investigation, prosecution and adjudication of offences established in accordance with this Convention, with due respect to the rules governing the status and functions of legal professionals.
2.Parties shall encourage the inclusion of instruction on co-ordinated multi-agency co-operation in the training referred to in paragraph 1 of this article, to allow for a comprehensive and appropriate handling of referrals in cases concerning offences established in accordance with this Convention.
Article 9 – Data collection and research
1.For the purpose of the implementation of this Convention, Parties shall undertake to:
(a)collect relevant statistical data at regular intervals on cases concerning offences established in accordance with this Convention; and
(b)promote research in the field of environmental crime, in order to study its root causes and effects, incidences and conviction rates, as well as the efficacy of measures taken to implement this Convention.
2.Parties shall provide the Committee of the Parties, as referred to in Article 46 of this Convention, with the information collected pursuant to this article.
3.Parties shall take the necessary legislative or other measures to ensure that the information collected pursuant to this article is available to the public.
Chapter III – Prevention
Article 10 – General obligations
Parties shall take the necessary legislative or other measures for the prevention of the commission of any offence established in accordance with this Convention by any natural or legal person, where appropriate in co-operation with civil society and non-governmental organisations.
Article 11 – Awareness raising
1.Parties shall take the necessary measures to promote or organise information and awareness-raising campaigns relating to preventing and combating environmental crime, where appropriate, in co-operation with civil society and non-governmental organisations.
2.Parties shall take the necessary measures to ensure the wide dissemination among the general public of information on measures available to prevent offences established in accordance with this Convention.
Chapter IV – Substantive criminal law
Section 1 – Pollution, products and substances
Article 12 – Offences related to unlawful pollution
Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the discharge, emission or introduction of a quantity of materials or substances, energy or ionising radiation into air, soil or water, which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.
Article 13 – Offences related to the placing on the market of products in breach of environmental requirements
Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the placing on the market, in breach of a prohibition or another requirement aimed at protecting the environment, of a product, the use of which results in the discharge, emission or introduction of a quantity of materials or substances, energy or ionising radiation into air, soil or water, which causes or is likely to cause death or serious injury to any person or substantial damage to air, water or soil quality, or to animals or plants as a result of the product’s use on a larger scale, namely the use of the product by several users, regardless of their number.
Article 14 – Offences related to chemical substances
1.Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the manufacture, placing or making available on the market, import, export or use of regulated chemical substances, whether on their own, in mixtures or in articles, including their incorporation into articles, when such conduct is prohibited according to the domestic law aimed at protecting the environment and which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.
2.Parties may identify the domestic provisions that they decide to make subject to paragraph 1 of this article and notify them to the Secretariat.
Article 15 – Offences related to radioactive material or substances
Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the manufacture, production, processing, handling, use, holding, storage, transport, import, export or disposal of radioactive material or substances, when such conduct causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.
Article 16 – Offences related to mercury
Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the manufacture, use, storage, import or export of mercury, mercury compounds and mixtures of mercury and mercury-added products, when such conduct causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.
Article 17 – Offences related to ozone-depleting substances
Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the production, placing on the market, import, export, use or release of ozone-depleting substances, or the production, placing on the market, import or export of products and equipment containing or relying on such substances.
Article 18 – Offences related to fluorinated greenhouse gases
Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the production, placing on the market, import, export, use or release of fluorinated greenhouse gases, or the placing on the market or import of products and equipment containing or relying on such gases.
Section 2 – Waste
Article 19 – Offences related to the unlawful collection, treatment, transport, recovery, disposal or shipment of waste
1.Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the collection, treatment, transport, recovery or disposal of waste, the supervision of such operations and the aftercare of disposal sites, including action taken as a dealer or a broker (waste management), when such conduct:
(a)concerns hazardous waste as defined in accordance with domestic law and when it involves a non-negligible quantity; or
(b)concerns other waste than that referred to in paragraph 1.a of this article and causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.
2.Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the transboundary shipment of waste when such shipment is undertaken in a non-negligible quantity, whether executed in a single shipment or in several shipments which appear to be linked.
Section 3 – Installations
Article 20 – Offences related to the unlawful operation or closure of an installation in which a dangerous activity is carried out
1.Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the operation or closure of an installation in which a dangerous activity is carried out, when such conduct causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.
2.Parties may identify the domestic provisions that they decide to make subject to paragraph 1 of this article and notify them to the Secretariat.
Article 21 – Offences related to the unlawful operation or closure of an installation that involves dangerous substances
1.Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the operation or closure of an installation in which dangerous substances or mixtures are stored or used, when such conduct causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.
2.Parties may identify the domestic provisions that they decide to make subject to paragraph 1 of this article and notify them to the Secretariat.
Section 4 – Ships
Article 22 – Offences related to the unlawful recycling of ships
Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the failure of the owner of a ship to comply with the applicable requirements which impose the recycling of a ship at ship recycling facilities that meet required environmental standards.
Article 23 – Offences related to the ship-source discharges of polluting substances
Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the ship-source discharges of polluting substances, when such conduct causes or is likely to cause deterioration in the quality of water or damage to the marine environment.
Section 5 – Natural resources
Article 24 – Offences related to the unlawful abstraction of surface water or groundwater
Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the abstraction of surface water or groundwater which causes or is likely to cause substantial damage to the ecological status or potential of surface water bodies or to the quantitative status of groundwater bodies.
Article 25 – Offences related to trade in unlawfully harvested timber
Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the placing on the market of unlawfully harvested timber, or of products derived from such timber, except where the conduct concerns a negligible quantity.
Article 26 – Offences related to unlawful mining
1.Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, mining activities which require an environmental impact assessment or an equivalent environmental procedure under domestic law, when they are undertaken without a legally required development consent concerning environmental aspects established under domestic law and when they cause or are likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.
2.Parties may identify domestic provisions that they decide to make subject to paragraph 1 of this article and notify them to the Secretariat.
Section 6 – Biodiversity
Article 27 – Offences related to the unlawful killing, destruction, taking and possession of protected wild fauna or flora
Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the killing, destruction, taking or possession of a specimen or specimens of protected wild fauna or flora species, including the taking or possession of parts or derivatives of specimens, except where the conduct concerns a negligible quantity of such specimens, taking into account, where relevant, the conservation status of the species.
Article 28 – Offences related to the unlawful trading in protected wild fauna or flora
1.Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the sale or offering for sale of a specimen or specimens of protected wild fauna or flora species, or parts or derivatives thereof, except for cases where the conduct concerns a negligible quantity of such specimens, taking into account, where relevant, the conservation status of the species.
2.Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the transboundary trading in specimens of protected wild fauna or flora species, or parts or derivatives thereof, except for cases where the conduct concerns a negligible quantity of such specimens, taking into account, where relevant, the conservation status of the species.
Article 29 – Offences related to the unlawful deterioration of habitats within a protected site
1.Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the causing of deterioration of a habitat within a protected site or the disturbance of protected animal species within a protected site, as defined under domestic law, when this deterioration or disturbance is significant.
2.Parties may identify habitats within a protected site and protected animal species that they decide to make subject to paragraph 1 of this article and notify them to the Secretariat.
Article 30 – Offences related to invasive alien species
Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the bringing into the national territory, placing on the market, keeping, breeding, transporting, using, exchanging, permitting to reproduce, grow or cultivate, releasing into the environment or spreading of invasive alien species which are defined in domestic law as species of concern for the environment, when such conduct causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.
Section 7 – Particularly serious offence
Article 31 – Particularly serious offence
Parties shall take the necessary legislative measures to establish as a particularly serious offence any of the offences established in accordance with this Convention, when committed intentionally, and when such an offence causes destruction or causes irreversible, widespread and substantial damage, or causes long-lasting, widespread and substantial damage to an ecosystem of considerable size or environmental value, or to a habitat within a protected site, or to the quality of air, soil or water.
Section 8 – General provisions of criminal law
Article 32 – Inciting, aiding and abetting and attempt
1.Parties shall take the necessary legislative measures to establish as an offence, when committed unlawfully and intentionally, inciting or aiding and abetting the commission of the offences established in accordance with this Convention.
2.Parties shall take the necessary legislative measures to establish as offences, when committed unlawfully and intentionally, attempts to commit the offences established in accordance with Articles 12 to 21, 23 to 25, 28, paragraph 2, and 30 of this Convention.
3.Parties shall consider taking the necessary legislative measures to establish as offences, when committed unlawfully and intentionally, attempts to commit the offences established in accordance with Articles 27 and 28, paragraph 1, of this Convention.
Article 33 – Jurisdiction
1.Parties shall take the necessary legislative measures to establish jurisdiction over any offence established in accordance with this Convention, when the offence is committed:
(a)in their territory;
(b)on board a ship flying their flag;
(c)on board an aircraft registered under their laws; or
(d)by one of their nationals.
2.Parties shall consider taking the necessary legislative measures to establish jurisdiction over any offence established in accordance with this Convention, when the offence is committed against one of their nationals.
3.Parties shall take the necessary legislative measures to establish jurisdiction over any offence established in accordance with this Convention, when the alleged offenders are present in their territory and cannot be extradited to another State, solely on the basis of their nationality.
4.Where more than one Party claims jurisdiction over an alleged offence established in accordance with this Convention, the Parties concerned shall, where appropriate, consult each other with a view to determining the most appropriate jurisdiction for prosecution.
5.Without prejudice to general rules of international law, this Convention shall not exclude any criminal jurisdiction exercised by a Party in accordance with its domestic law.
Article 34 – Liability of legal persons
1.Parties shall take the necessary legislative measures to ensure that legal persons can be held liable for offences established in accordance with this Convention, when committed for their benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within that legal person, based on:
(a)a power of representation of the legal person;
(b)an authority to take decisions on behalf of the legal person; or
(c)an authority to exercise control within the legal person.
2.Apart from the cases provided for in paragraph 1 of this article, Parties shall take the necessary legislative measures to ensure that a legal person can be held liable where the lack of supervision or control by a natural person referred to in paragraph 1 of this article has made possible the commission of an offence established in accordance with this Convention for the benefit of that legal person by a natural person acting under its authority.
3.Subject to the legal principles of the Party, the liability of a legal person may be criminal, civil or administrative.
4.Such liability shall be without prejudice to the criminal liability of a natural person who has committed the offence.
Article 35 – Sanctions and measures
1.Parties shall take the necessary legislative measures to ensure that the offences established in accordance with this Convention, when committed by natural persons, are punishable by effective, proportionate and dissuasive sanctions, which take into account the seriousness of the offence. The sanctions available shall include imprisonment and may also include monetary sanctions.
2.Parties shall take the necessary legislative measures to ensure that legal persons held liable in accordance with Article 34 are subject to effective, proportionate and dissuasive sanctions, which shall include criminal or non-criminal monetary sanctions, and could include other measures, such as:
(a)disqualification from exercising commercial activity;
(b)exclusion from entitlement to public benefits or aid;
(c)exclusion from access to public funding, including tender procedures, grants and concessions, and the withdrawal of permits and authorisations;
(d)placing under judicial supervision;
(e)a judicial winding-up order;
(f)suspension, withdrawal or cancellation of permits or authorisations to pursue activities which resulted in the relevant criminal offence;
(g)where there is public interest, the publication of all or part of a judicial decision related to an environmental offence, without prejudice to privacy or data protection rules; or
(h)an obligation to establish due diligence schemes for enhancing compliance with environmental standards.
3.Parties shall adopt, to the greatest extent possible within their domestic legal systems, such legislative and other measures as may be necessary to enable freezing, seizure and confiscation of:
(a)instrumentalities, meaning any property used or intended to be used, in any manner, wholly or in part, to commit a criminal offence or criminal offences established in accordance with this Convention; and
(b)proceeds of crime derived from offences established in accordance with this Convention, or property whose value corresponds to such proceeds.
4.Parties shall consider taking the necessary legislative and other measures, in accordance with their domestic law, to include among the sanctions and measures applicable to natural and legal persons the reinstatement of the environment, according to the following provisions:
(a)the competent authority may order the reinstatement of the environment in relation to an offence established in accordance with this Convention, subject to certain conditions; and
(b)the competent authority may make an order for the reinstatement of the environment that has not been complied with executable at the expense of the person subject to the order or that person may be liable to other criminal or non-criminal sanctions instead of or in addition to it.
Article 36 – Aggravating circumstances
1.Parties shall take the necessary legislative measures to ensure that one or several of the following circumstances, insofar as they do not already form part of the constituent elements of the offence, may, in conformity with the relevant provisions of domestic law, be taken into consideration as aggravating circumstances in determining the sanctions in relation to the offences established in accordance with this Convention, namely that:
(a)the offence caused severe and widespread, or severe and long-term, or severe and irreversible damage to an ecosystem;
(b)the offence was committed in the framework of a criminal organisation;
(c)the offence involved the use of false or forged documents by the offender;
(d)the offence was committed by a public official or public officials when performing their duties;
(e)the perpetrator has previously been definitively convicted of offences established in accordance with this Convention; or
(f)the offence generated or was expected to generate substantial financial benefits or to avoid substantial expenses directly or indirectly to the extent to which they can be determined.
2.The aggravating circumstance referred to in paragraph 1.a of this article shall not apply to the offence referred to in Article 31 of this Convention.
Article 37 – Previous sentences passed by another Party
Parties shall consider taking the necessary legislative measures to provide for the possibility to take into account final sentences passed by another Party in relation to offences established in accordance with this Convention when determining the sanctions.
Chapter V – Investigation, prosecution and procedural law
Article 38 – Initiation and continuation of proceedings
Parties shall take the necessary legislative measures to ensure that investigations into, or the prosecution of, offences established in accordance with this Convention are not subordinate to a complaint and that the proceedings may continue even if the complaint is withdrawn.
Article 39 – Right to participate in proceedings
Parties shall consider taking the necessary legislative and other measures, in accordance with their domestic law, to grant persons who have sufficient interest or allege a violation of a right, as well as non-governmental organisations promoting environmental protection, the right to participate in criminal proceedings concerning offences established in accordance with this Convention, to the extent that said procedural rights for such persons and organisations exist in the Parties’ domestic legal systems in proceedings for other criminal offences, for example as a civil party.
Chapter VI – International co-operation
Article 40 – International co-operation in criminal matters
1.Parties shall co-operate with each other, in accordance with the provisions of this Convention and through the application of relevant international and regional instruments on co-operation in criminal matters and arrangements agreed on the basis of uniform or reciprocal legislation and internal laws, to the widest extent possible, for the purpose of:
(a)preventing, combating and prosecuting offences established in accordance with this Convention, including freezing, seizure and confiscation;
(b)protecting and providing assistance to witnesses and persons who report the offences established in accordance with this Convention and co-operate with justice;
(c)investigations or proceedings concerning the offences established in accordance with this Convention; and
(d)enforcing relevant criminal judgments issued by the judicial authorities of the Parties.
2.If a Party that makes extradition or mutual legal assistance in criminal matters conditional on the existence of a treaty receives a request for extradition or legal assistance in criminal matters from a Party with which it has no such treaty, it may, acting in full compliance with its obligations under international law and subject to the conditions provided for by the domestic law of the requested Party, consider this Convention as the legal basis for extradition or mutual legal assistance in criminal matters in respect of the offences established in accordance with this Convention and may apply, mutatis mutandis, Articles 16 and 18 of the United Nations Convention against Transnational Organized Crime to this effect.
Article 41 – Information
1.A Party may, within the limits of its internal law, without prior request, forward to another Party information obtained within the framework of its own investigations when it considers that the disclosure of such information might assist the receiving Party in preventing offences established in accordance with this Convention or in initiating or carrying out investigations or proceedings concerning such offences, or that this disclosure might lead to a request for co-operation by that Party under Article 40 of this Convention.
2.A Party receiving any information in accordance with paragraph 1 of this article shall submit such information to its competent authorities in order that proceedings may be taken if they are considered appropriate, or that this information may be taken into account in relevant civil and criminal proceedings.
3.The providing Party may, pursuant to its national law, impose conditions on the use of such information by the receiving Party. The receiving Party shall be bound by those conditions.
Article 42 – Data protection
Any transfer of personal data by a Party in accordance with Articles 40 and 41 of this Convention shall only take place if the conditions laid down in applicable legislation and international agreements governing the protection of personal data are complied with.
Chapter VII – Measures for protection
Article 43 – The standing of victims in criminal investigations and proceedings
1.Parties shall take the necessary legislative and other measures to protect the rights and interests of victims at all stages of criminal investigations and proceedings, in accordance with their domestic law, in particular by:
(a)informing them of their rights and the services at their disposal and, upon request, the follow-up given to their complaint, the charges retained and the state of the criminal proceedings unless in exceptional cases the proper handling of the case may be adversely affected by such notification, and their role therein as well as the outcome of their cases;
(b)enabling them, in a manner consistent with the procedural rules of domestic law, to be heard, to supply evidence and to choose the means of having their views, needs and concerns presented and considered, directly or through an intermediary;
(c)providing them with appropriate support services so that their rights and interests are duly presented and taken into account; and
(d)ensuring that measures are available to protect victims and their family members from secondary and repeat victimisation, from intimidation and from retaliation.
2.Parties shall take the necessary legislative and other measures to ensure that victims have access, as from their first contact with the competent authorities, to information on relevant judicial and administrative proceedings.
3.Parties shall ensure that victims have access to legal aid where they have the status of parties to criminal proceedings. The conditions or procedural rules under which victims have access to legal aid shall be determined by domestic law.
4.Parties shall take the necessary legislative and other measures to ensure that victims of an offence established in accordance with this Convention committed in the territory of a Party other than the one where they reside can make a complaint before the competent authorities of their State of residence if they are unable to do so in the Party where the criminal offence was committed or, in the case of a serious offence within the meaning of the domestic law of that Party, where they do not wish to do so.
5.Parties shall take the necessary legislative and other measures to provide the possibility for members of groups, foundations, associations or governmental or non-governmental organisations to assist and/or support the victims with their consent during criminal proceedings concerning the offences established in accordance with this Convention, unless a reasoned decision has been made to the contrary.
Article 44 – Protection of witnesses
1.Parties shall take the necessary legislative and other measures to provide effective and appropriate protection against any form of potential retaliation or intimidation for witnesses in criminal proceedings concerning offences established in accordance with this Convention and, as appropriate, for their relatives and other persons close to them.
2.Paragraph 1 of this article shall also apply to victims insofar as they are witnesses.
Article 45 – Protection of persons who report offences or co-operate with justice
Parties shall take the necessary legislative and other measures to provide effective and appropriate protection for those who report the offences established in accordance with this Convention or otherwise co-operate with the investigating or prosecuting authorities.
Chapter VIII – Monitoring mechanism
Article 46 – Committee of the Parties
1.The Committee of the Parties shall be composed of representatives of the Parties to this Convention.
2.The Committee of the Parties shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within a period of one year following the entry into force of this Convention in respect of the 10th Signatory having ratified it. It shall subsequently meet whenever at least one third of the Parties or the Secretary General so requests.
3.The Committee of the Parties shall adopt its own rules of procedure.
4.Any Party which is not a member of the Council of Europe shall contribute to the funding of the activities of the Committee of the Parties. The contribution of a non-member of the Council of Europe shall be established jointly by the Committee of Ministers and that non-member.
Article 47 – Other representatives
1.The Parliamentary Assembly of the Council of Europe, the Commissioner for Human Rights, the European Committee on Crime Problems (CDPC), as well as other relevant Council of Europe intergovernmental committees, shall each appoint a representative to the Committee of the Parties.
2.The Committee of Ministers may invite other Council of Europe bodies to appoint a representative to the Committee of the Parties after consulting the latter.
3.Representatives of civil society, and in particular non-governmental organisations, may be admitted as observers to the Committee of the Parties following the procedure established by the relevant rules of the Council of Europe.
4.Representatives appointed under paragraphs 1 to 3 of this article shall participate in meetings of the Committee of the Parties without the right to vote.
Article 48 – Functions of the Committee of the Parties
1.The Committee of the Parties shall monitor the implementation of this Convention. The rules of procedure of the Committee of the Parties shall determine the procedure for evaluating the implementation of this Convention.
2.The Committee of the Parties shall facilitate the collection, analysis and exchange of information, experience and good practice between States to improve their capacity to protect the environment through criminal law.
3.The Committee of the Parties shall also, where appropriate:
(a)facilitate the effective use and implementation of this Convention, including the identification of any problems and the effects of any declaration or reservation made under this Convention; and
(b)express an opinion on any question concerning the application of this Convention and facilitate the exchange of information on significant legal, policy or technological developments.
4.The Committee of the Parties shall be assisted by the Secretariat of the Council of Europe in carrying out its functions pursuant to this article.
5.The CDPC shall be kept periodically informed regarding the activities mentioned in paragraphs 1 to 3 of this article.
Chapter IX – Relationship with other sources of international law
Article 49 – Relationship with other sources of international law
1.This Convention shall not affect rights and obligations arising from customary international law and other international conventions to which Parties to this Convention are Parties or shall become Parties and which contain provisions on matters governed by this Convention.
2.The Parties to this Convention may conclude bilateral or multilateral agreements with one another on the matters dealt with in this Convention, for purposes of supplementing or strengthening its provisions or facilitating the application of the principles embodied in it.
3.Nothing in this Convention shall affect the rights, obligations and responsibilities of States and individuals under international law.
Chapter X – Amendments to the Convention
Article 50 – Amendments to the Convention
1.Any proposal for an amendment to this Convention presented by a Party shall be communicated to the Secretary General of the Council of Europe, who will forward it to the member States of the Council of Europe, any Signatory, any Party, the European Union, any State invited to sign this Convention in accordance with the provisions of Article 53 and any State invited to accede to this Convention in accordance with the provisions of Article 54.
2.The Committee of Ministers of the Council of Europe shall consider the proposed amendment and, after having consulted the Parties to this Convention that are not members of the Council of Europe, may adopt the amendment by the majority provided for in Article 20.d of the Statute of the Council of Europe.
3.The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 2 of this article shall be forwarded to the Parties for acceptance.
4.Any amendment adopted in accordance with paragraph 2 of this article shall enter into force on the first day of the month following the expiration of a period of one month after the date on which all Parties have informed the Secretary General of the Council of Europe of their acceptance.
Chapter XI – Final clauses
Article 51 – Effects of this Convention
1.The provisions of this Convention shall not prejudice the provisions of domestic law and binding international instruments which are already in force or may come into force, under which more favourable rights are or would be accorded to persons in preventing and combating environmental crime.
2.Parties which are member States of the European Union shall, in their mutual relations, apply European Union rules governing the matters within the scope of this Convention. This is without prejudice to the full application of this Convention in their relations with other Parties.
Article 52 – Dispute settlement
1.The Parties to any dispute which may arise concerning the application or interpretation of the provisions of this Convention shall first seek to resolve it by means of negotiation, conciliation, arbitration or by any other methods of peaceful settlement accepted by mutual agreement between them.
2.The Committee of Ministers of the Council of Europe may establish procedures of settlement to be available for use by the Parties in dispute if they should so agree.
Article 53 – Signature and entry into force
1.This Convention shall be open for signature by the member States of the Council of Europe, the non-member States which have participated in its elaboration and the European Union.
2.This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
3.This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which 10 Signatories, including at least eight member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with paragraph 2 of this article.
4.In respect of any State referred to in paragraph 1 of this article or the European Union, which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of its instrument of ratification, acceptance or approval.
Article 54 – Accession to the Convention
1.After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consultation of the Parties to this Convention and obtaining their unanimous consent, invite any non-member State of the Council of Europe which has not participated in the elaboration of the Convention to accede to this Convention by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe, and by unanimous vote of the representatives of the Parties entitled to sit on the Committee of Ministers.
2.In respect of any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.
Article 55 – Territorial application
1.Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.
2.Any Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. In respect of such territory, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.
3.Any declaration made under the two preceding paragraphs may, in respect of any territory specified in any such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.
Article 56 – Reservations
1.No reservation may be made in respect of any provision of this Convention, with the exception of those provided for in paragraphs 2 and 3 of this article.
2.Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply or to apply only in specific cases or conditions the provisions laid down in Article 33, paragraph 1.d of this Convention.
3.Based on its harmonised law, a regional integration organisation and member States of that organisation may, at the time of signature or when depositing their instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, specify:
(a)the scope of the term “unlawful” in Article 3.a of this Convention; and
(b)the scope of the notions “domestic law”, “domestic provisions”, “protected” and “requirement” used for the purpose of defining offences under Articles 13 and 14, 19 to 22 and 26 to 30 of this Convention.
4.Any Party may wholly or partly withdraw a reservation by means of a declaration addressed to the Secretary General of the Council of Europe. This declaration shall become effective as from its date of receipt by the Secretary General.
Article 57 – Denunciation
1.Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.
2.Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.
Article 58 – Notification
The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the non-member States which have participated in its elaboration, any Signatory, any Party, the European Union and any State invited to accede to this Convention of:
(a)any signature;
(b)the deposit of any instrument of ratification, acceptance, approval or accession;
(c)any date of entry into force of this Convention in accordance with Articles 53 and 54;
(d)any amendment adopted in accordance with Article 50 and the date on which such an amendment enters into force;
(e)any reservation and withdrawal of reservation made in pursuance of Article 56;
(f)any denunciation made in pursuance of the provisions of Article 57; or
(g)any other act, notification or communication relating to this Convention.
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done at […], this […] day of […] [202x], in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention, to the European Union and to any State invited to accede to this Convention.
ANNEX 2
Reservation concerning the definition of certain terms under the Council of Europe Convention on the Protection of the Environment through Criminal Law
In accordance with Article 56, paragraph 3, of the Convention on the Protection of the Environment through Criminal Law (“the Convention”), the European Union declares that, for the European Union, the notion “domestic law” used for defining the term “unlawful” in Article 3(a) of the Convention shall mean Union law which contributes to the pursuit of one of the objectives of the Union’s policy on the environment as set out in Article 191(1) of the Treaty on the Functioning of the European Union, as well as a law, regulation or administrative provision of a Member State of the European Union, or a decision taken by a competent authority of a Member State, which gives effect to the relevant Union law. The same meaning shall apply to the notions “domestic law” and “domestic provisions” used for the purposes of defining the relevant conduct under Articles 14, 19, 20, 21, 26, 29 and 30 of the Convention. Furthermore, the notions “protected” and “requirement” used for the purposes of defining the relevant conduct under Articles 13, 22, 27, 28 and 29 of the Convention shall be interpreted in accordance with domestic law, as defined above.