Recital 9

(9) In order for conduct to constitute an environmental criminal offence under this Directive, it should be unlawful. In order for conduct to be unlawful, it should breach Union law which contributes to pursuit of one of the objectives of the Union’s policy on the environment as set out in Article 191(1) TFEU, irrespective of the legal basis of such Union law, which could include, for example, Article 91, 114, 168 or 192 TFEU, or should breach laws, regulations or administrative provisions of a Member State, or decisions taken by a competent authority of a Member State, giving effect to such Union law. This Directive should specify which unlawful conduct is capable of constituting a criminal offence and, where appropriate, set a quantitative or qualitative threshold necessary for such conduct to constitute a criminal offence. Such conduct should constitute a criminal offence when it is intentional and, in certain cases, also when carried out with at least serious negligence. In particular, unlawful conduct that causes the death of, or serious injury to, persons, substantial damage or a considerable risk of substantial damage to the environment or is considered otherwise to be particularly harmful to the environment should also constitute a criminal offence when carried out with at least serious negligence. Member States can adopt or maintain more stringent rules in the area of criminal law.

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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.