What is ecocide? This refers to the damage or destruction of ecosystems through (criminal) human activity.
The Directive (EU) 2024/1203 on the protection of the environment through criminal law (the so-called Environmental Crime Directive) came into force on May 20, 2024 and must be transposed into national law by the European Member States by May 21, 2026. On October 17, 2025, the Federal Ministry of Justice and Consumer Protection (BMJV) published a draft bill to implement the Environmental Criminal Law Directive and provides for significant changes to the German Criminal Code, secondary criminal law and administrative offences law.
Among other things, the draft bill provides for an increase in the maximum fine for legal entities (companies) in the event of an intentional offense committed by one of their managers - irrespective of its relevance under environmental law - to up to EUR 40 million (instead of the previous EUR 10 million) and up to EUR 20 million (instead of the previous EUR 5 million) for offenses committed through negligence.
In addition to the more severe financial sanctions, the EU Environmental Crime Directive provides for further possible sanctions against legal entities (companies) in Art. 7:
- Obligation to restore the environment to its previous state (if reversible) or to pay damages
- exclusion from public benefits or aid
- Temporary or permanent ban on carrying out a business activity
- Withdrawal of permits and authorizations for activities
- Temporary ban on running for elected or public office
- Obligation to set up due diligence systems to improve compliance with environmental standards
- Publication of the judicial decision on the offense committed and the sanctions or measures imposed
Art. 3 provides for the following new criminal offenses:
- Placing products harmful to the environment on the market (Art. 3 (2) b))
- Carrying out certain projects without authorization (Art. 3 (2) e))
- Violations of legislation on chemicals and mercury (Art. 3 (2) c) and d))
- Damage to habitats of specially protected animal species (Art. 3 (2) q))
- Illegal extraction of surface or groundwater (Art. 3 (2) m))
- Illegal timber trade (Art. 3 (2) p))
- Illegal recycling of ships (Art. 3 (2) h))
- etc.
It is noteworthy, among other things, that the import, offering or export of products manufactured in violation of the so-called Deforestation Regulation (Regulation (EU) 2023/1115), such as illegally harvested timber or soybeans or palm oil grown on illegally cleared land, should be subject to criminal prosecution.
As the application of Art. 3 of the Deforestation Regulation (EU) 2023/1115 has not yet begun and it is currently uncertain when the provision will begin to apply, the associated penalties are not (yet) included in the German draft bill.
However, this may be different in other Member States.
In principle, the German Criminal Code (StGB) already largely complies with the new requirements of the EU Directive. However, serious changes of a general nature result from the formulation of most criminal offenses as potentially dangerous offenses (aptitude offenses) as required by the directive. In other words, the offense should only be based on the suitability for certain dangers. The occurrence of the actual danger should then no longer be a prerequisite.
The Environmental Crime Directive clearly shows that combating environmental crimes is a high priority for the EU. Companies should be prepared for this.
For more basic knowledge on both "EU material requirements" and other topics, we recommend:
→ Material Compliance in the EU (REACH, RoHS, SCIP and more)
Author's note
This article has been machine translated into English.
