Recital 17

(17) This Directive introduces the criminal offence of 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 on a larger scale results in the discharge, emission or introduction of a quantity of materials or substances, energy or ionising radiation into air, soil or water, and causes or is likely to cause substantial damage to the environment or human health. In that context, a prohibition or another requirement aimed at protecting the environment should be one that is laid down in the area of Union law which has among its stated objectives, or has as an aim, the protection of the environment, including preserving, protecting and improving the quality of the environment, protecting human health, prudent and rational utilisation of natural resources or combatting climate change, or promoting measures at international level to deal with regional or worldwide environmental problems. Conversely, where such a prohibition or requirement is laid down in other areas of Union law which have other objectives, for example protection of workers’ health and safety, the conduct should not be covered under that criminal offence. For the purpose of this Directive, ‘use on a larger scale’ refers to the combined effect of the use of the product by several users, regardless of their number, provided that the conduct causes or is likely to cause damage to the environment or human health.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.