The European Commission has clarified that Member States must fully implement Directive (EU) 2024/1203 on environmental crime by May 2026, ensuring that unlawful conduct enabled by corrupt or illegal permits remains prosecutable. In a recent answer to a parliamentary question from Greens MEP Cristina Guarda, Commissioner Roxana Mînzatu stressed that the directive's objectives cannot be diluted during national transposition, and that criminal liability extends to cases where permits violate substantive legal requirements, not just those obtained through fraud or corruption. The response aims to close potential loopholes where offenders might exploit improperly granted permits under a narrow interpretation of the law.
This clarification follows Commissioner Michael McGrath's speech at the Environmental Law Conference on November 28, 2025, where he emphasized that environmental protection is a Rule of Law issue and highlighted the Environmental Crime Directive as a key tool. McGrath then outlined measures to expand criminal conduct types, strengthen penalties, and enhance enforcement, urging Member States to transpose the directive by May 2026. He also endorsed the Council of Europe Convention on the Protection of the Environment through Criminal Law to extend enforcement beyond borders, with support from Eurojust for cross-border judicial coordination.
Commissioner Mînzatu's answer reinforces the binding obligations on governments, businesses, and citizens to prevent environmental harm through deterrence, accountability, and reparation, as previously outlined by McGrath. It clarifies that operators acting in good faith are not the primary guarantors of permit legality, balancing strengthened criminal liability with legal certainty for businesses. This stance aligns with the Corporate Sustainability Due Diligence Directive (CSDDD), which McGrath presented as a landmark tool to mitigate environmental and human rights impacts, requiring covered companies to align transition plans with Paris Agreement goals. Ongoing simplifications aim to reduce compliance burdens while preserving the directive's objectives.
The Commission's answer sets a firm expectation that partial or diluted implementation weakening criminal protections will not align with EU objectives, and signals that national transpositions will be examined later this year. Stakeholders such as environmental agencies and NGOs may welcome the enhanced enforcement rigor, while industries facing stricter liability could perceive increased compliance costs. National authorities bear the responsibility to adjust legal frameworks accordingly, highlighting added administrative challenges. The enforcement focus clarifies boundaries of legal permissions versus environmentally harmful practices, aiming to prevent institutional backsliding on environmental crime protections.
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