Draft Bill on the Implementation of the EU Environmental Criminal Law Directive

Co author: Sebastian Sievers

Introduction

On 17 October 2025, the German Federal Ministry of Justice and Consumer Protection (BMJV) published a draft bill to implement Directive (EU) 2024/1203 on the protection of the environment through criminal law. The Directive aims to establish effective and uniform criminal provisions for environmental violations across all EU Member States and to introduce measures for the prevention and combating of environmental crime.

The Directive must be transposed into German law by 21 May 2026. The draft bill foresees extensive amendments to the Criminal Code, ancillary criminal law, and administrative offense law, significantly increasing the liability of companies and management bodies.

Key Points of the Draft Bill

1. New Offense: Unauthorized Execution of Environmentally Harmful Projects (§ 327a StGB)

• A project that is subject to an Environmental Impact Assessment and is executed without authorization should fall under criminal law in the future.
• The key factor is whether the action is capable of causing significant damage to an ecosystem.

2. Environment-Related Product Liability

• Criminal liability for the placing of environmentally harmful products on the market is significantly expanded.
• Violations of air emission standards, including in the transport sector, will in the future be treated as criminal offenses. Existing exemptions for vehicles, rail, air or water transport are removed.

3. Ecosystems & Immissions

• The term “ecosystem” is being added to criminal law.
• Immissions of energy and other environmentally relevant impacts, such as vibrations, thermal energy, or non-ionizing radiation, can become criminally punishable if they violate environmental law.

4. Fines for Criminal Offenses

• For intentional offenses, the maximum fine will be EUR 40 million.
• For negligent offenses, the maximum fine will be EUR 20 million.

5. Ecocide & Catastrophic Environmental Consequences

• Particularly serious environmental violations classified as “ecocide” will be treated as criminal offenses and sanctioned with a minimum of one year imprisonment.
• The deliberate causing of catastrophic environmental consequences will also be classified as a criminal offense, with imprisonment ranging from one to ten years.

6. Criminal Liability Despite Official Permits

• Violations of environmental law can be criminally punishable even if a permit exists, provided the action clearly contravenes environmental law.
• Companies must therefore continually review projects and processes to minimize criminal liability risks for management bodies.

7. Further Ancillary Criminal Law Aspects

• Ancillary criminal law will be amended in, among others, the Federal Nature Conservation Act, Federal Hunting Act, Waste Shipment Act, Plant Protection Act, and Chemicals Act.
• Attempt, aiding and abetting, and qualification provisions will be applied to the new environmental offenses to clarify liability for companies and management bodies.

Connection to the EU Deforestation Regulation (EUDR)

For companies subject to the EUDR, it is important to note that the draft bill leaves the criminalization of EUDR violations to a separate implementation process. Under the current legal framework in Germany, violations are treated only as administrative offenses. Companies should nonetheless take early steps to prevent organizational fault, especially in view of potential inspections by the Federal Office for Agriculture and Food (BLE).

Conclusion

The draft bill introduces significant tightening of environmental criminal law. Companies should now review compliance structures, control approval processes, and train management bodies to meet the new requirements. Particularly relevant are environmentally harmful projects, immissions, and product compliance.

Please feel free to contact us for comprehensive legal advice. Early preparation helps to avoid fines and minimize criminal liability risks!