{"id":23580,"date":"2026-01-27T09:00:17","date_gmt":"2026-01-27T08:00:17","guid":{"rendered":"https:\/\/www.haslinger-nagele.com\/deutliche-verschaerfung-im-umweltstrafrecht\/"},"modified":"2026-02-11T10:05:26","modified_gmt":"2026-02-11T09:05:26","slug":"deutliche-verschaerfung-im-umweltstrafrecht","status":"publish","type":"post","link":"https:\/\/www.haslinger-nagele.com\/en\/deutliche-verschaerfung-im-umweltstrafrecht\/","title":{"rendered":"Significant tightening of environmental criminal law"},"content":{"rendered":"\n

What companies need to know now<\/strong><\/h2>\n\n\n\n

The EU is taking environmental criminal law to a new level<\/strong>. With Directive (EU) 2024\/1203, the European legislator is sending a clear signal: Environmental violations<\/strong> will be prosecuted more effectively <\/strong>and punished more severely<\/strong> in the future. Companies should address the new risks at an early stage.<\/p>\n\n\n\n

New EU directive: implementation by May 2026<\/strong><\/h2>\n\n\n\n

The new directive on the protection of the environment through criminal law has been in force since May 2024 and must be transposed into Austrian law by May 21st, 2026<\/strong>. It replaces the previous directive from 2008 and responds to what the EU considers to be insufficient enforcement of environmental law. The aim<\/strong> is to establish a uniform minimum standard for the definition of environmental offenses and sanctions <\/strong>across the EU.<\/p>\n\n\n\n

Who is affected by the directive?<\/strong><\/h2>\n\n\n\n

In principle, all companies<\/strong> are affected, in particular with regard to environmentally relevant matters. These include construction and infrastructure companies, industrial and chemical enterprises, energy producers, waste management and transport companies, and companies with facilities requiring permits or with complex supply chains. In addition to substantial penalties for companies<\/strong>, managing directors, board members, and other decision-makers are also targeted<\/strong>, as personal criminal liability is being expanded.<\/p>\n\n\n\n

What specifically will change?<\/strong><\/h2>\n\n\n\n

The number of environmental criminal offences subject to mandatory penalties<\/strong> will increase significantly<\/strong> from nine to 20. In the future, criminal liability will arise already from the placing on the market of certain products <\/strong>or substances if this poses a threat of significant environmental damage. The scope of application covers, in particular, interference with air, soil, and water quality<\/strong>, violations in waste management<\/strong>, and risks associated with the construction<\/strong>, operation, or dismantling of environmentally relevant facilities<\/strong>. In many cases, gross negligence<\/strong> is sufficient \u2013 intent is not always required.<\/p>\n\n\n\n

The new sanctions<\/strong> are particularly severe: Companies may face fines of up to 5% of their global annual turnover<\/strong> or amounts of up to EUR 40 million<\/strong>. In addition, secondary consequences<\/strong> may be imposed, such as exclusion from participation in tendering procedures, denial of subsidies and grants, withdrawal of permits and licenses, or even bans on activities.<\/p>\n\n\n\n

Which steps should companies already take now?<\/strong><\/h2>\n\n\n\n

Even though national implementation is still pending, there is a need for action:<\/p>\n\n\n\n