The EU Council has adopted a decision formalising the EU's accession to the Council of Europe Convention on the Protection of the Environment through Criminal Law, including a key reservation that ensures the treaty's interpretation aligns with Union law. The move, published on 2 September 2026, impacts EU institutions, member states, environmental law enforcement bodies, and businesses subject to environmental regulations.
Document details
The decision was adopted by the Justice and Home Affairs Council configuration on 2 October 2026. It is a legislative act that sets the EU's position for concluding the Convention, including a binding reservation on the interpretation of the term 'unlawful' and related notions.
Reservation safeguards EU legal order
The core provision is a declaration that, for EU member states, 'unlawful' conduct under the Convention shall be defined by reference to Union law—specifically, EU environmental law under Article 191(1) TFEU or national laws implementing or going beyond EU requirements. This reservation applies to the Convention's definitions and substantive articles on criminalised conduct. The aim is to safeguard the autonomy and primacy of the EU legal order while enabling member states to fulfil Convention obligations through EU law. It prevents the Convention from imposing direct criminal liability for breaches of purely national environmental rules outside the EU framework.
Impact on stakeholders
For EU regulatory bodies, the decision clarifies the division of competences between the EU and member states, providing legal certainty. National authorities must ensure their environmental criminal laws align with EU definitions, potentially requiring adjustments. Businesses in sectors with high environmental risk (e.g., waste management, chemicals) face clearer but potentially stricter enforcement under EU law. Environmental NGOs may welcome stronger international cooperation against environmental crime, though the reservation limits the scope to EU-defined offences.
Institutional follow-up
The decision will be transmitted to the Council of Europe for deposit. Member states may make further declarations where permitted, facilitating coordinated EU accession while respecting national prerogatives. The European Parliament is expected to be informed of the accession process.