Background: The 'new' convention

Environmental crimes have an increasingly harmful impact on the natural environment and are difficult to detect, prosecute and punish. The 1998 Council of Europe (CoE) Convention on the Protection of the Environment through Criminal Law was the first international treaty addressing environmental crime. In 2025, the CoE Committee of Ministers adopted a new convention to replace the existing one. It will enter into force after 10 ratifications, including at least eight by CoE member states. The new convention is also open to ratification by the EU and by non-CoE members that have participated in its drafting, namely the Holy See and Japan. The new convention establishes minimum requirements for the criminalisation of environmental offences related to: pollution; production and distribution of certain substances (chemical, radioactive, etc.); inappropriate treatment of hazardous waste; the unlawful use of natural resources (water, timber, etc.) and unlawful mining; and the destruction of biodiversity and protected sites. It recognises the liability of both physical and legal persons and defines a new category – subject to more severe penalties - of 'particularly serious offences' that cause irreversible and widespread destruction of eco-systems or the quality of air, soil and water. It sets obligations on states parties to adopt legislation and other measures to prevent and combat such crimes and promote cooperation.

EU approach to environmental crime

The EU is already implementing a similar approach through Directive (EU)2024/1203 on the protection of the environment through criminal law. The directive provides common EU definitions for environmental criminal offences and introduces maximum penalties, rules to strengthen enforcement and measures to assist individuals who report offences and cooperate with enforcement authorities. Member States were required to transpose this directive by 21 May 2026.

European Commission proposal

After signing the new CoE convention on 3 December 2025, the EU has now to ratify it under a procedure requiring Parliament's consent before its adoption by the Council. The Commission submitted a proposal for a Council decision based on EU exclusive external competence under Article 3(2) TFEU. As the convention significantly overlaps with Directive 2024/1203, it may affect EU common rules or alter their scope. This makes EU ratification of the convention necessary to ensure its uniform implementation .

European Parliament position

A Legal Affairs Committee report recommends ratification, concluding that the convention is consistent with the EU directive. Parliament has made repeated calls for combatting environmental crimes in various resolutions.

Recommendation on granting consent: 2025/0244(NLE); Committee responsible: JURI; Rapporteur: Ilhan Kyuchyuk (Renew, Bulgaria).