Implementation of Directive 2024/1203 – new environmental crimes
The Polish Ministry of Justice has prepared a draft act amending the Penal Code and several other statutes . The bill aims to fully transpose Directive (EU) 2024/1203 of the European Parliament and of the Council on the protection of the environment through criminal law . It introduces new environmental crimes, broadens the scope of criminal liability for negligent conduct, and significantly increases penalties .
Changes to the Penal Code
The draft amends a number of existing provisions of the Penal Code. Article 171, which deals with dangerous substances and devices, will be extended to cover the import and export of hazardous substances and products, and a new qualified type is introduced for cases resulting in the death of a person or serious bodily harm to many persons . Article 181, on the destruction of the natural environment, adopts updated terminology – “catches, kills or injures” specimens of animals – and adds protection of habitats . Article 182, concerning harmful emissions, expands the description of the subject of the offence to include radioactive materials and substances, and criminalises the threat of “destruction or significant damage to an ecosystem” . A new Article 182 §1a penalises the introduction of energy, electromagnetic fields, noise or light into the environment in quantities endangering life, health or the environment . Article 183, on improper waste management, will now also cover improper waste storage that may adversely affect the environment , and a new §4a extends the criminalisation of cross-border waste transport . Illegal handling of hazardous waste – including storage, processing, collection, treatment and transportation – becomes a criminal offence . Article 184, on radioactive materials, broadens both the catalogue of criminal acts and the scope of punishable consequences .
New Environmental Crimes in Sectoral Laws
Two new criminal provisions are introduced in the Environmental Protection Law: Article 329a, penalising the operation or closure of installations in a manner threatening life, health or the environment , and Article 329b, criminalising unauthorised construction projects with environmental impact (“investment self-will”) . The Nature Conservation Act gains a new statutory definition of “ecosystem” , and its criminal provisions are expanded: Article 127a simplifies prosecution for possessing even a single protected specimen ; new Article 127a(1a) penalises selling or offering protected specimens for sale ; new Article 127b criminalises disturbing protected animal species listed in Annex II(a) of the Habitats Directive 92/43/EEC in conservation areas ; and new Article 128b targets trade in goods linked to deforestation and forest degradation .
Negligent Liability
The Directive requires Member States to criminalise conduct resulting from at least gross negligence . Since under Article 8 of the Polish Penal Code negligent conduct is punishable only where a statute expressly so provides , the draft introduces numerous new negligent types across the Penal Code and sectoral legislation. New negligent forms are added to Article 171 (dangerous substances), Article 182 (emissions including energy and electromagnetic fields), Article 184 §4 (radioactive materials – qualified negligent type where death results) , as well as in the maritime pollution act, the Environmental Protection Law, the Nature Conservation Act, the Chemical Substances Act, the Geological and Mining Law, the Plant Protection Products Act, the Ozone-Depleting Substances Act, the Water Law, and the Alien Species Act –. Penalties for negligent conduct are in every case significantly lower than for intentional acts .
Liability of Collective Entities
The catalogue of offences for which a collective entity may be held liable under Article 16 of the Act on Liability of Collective Entities is expanded to cover all new environmental crimes . Financial penalties for collective entities are dramatically increased: the new range is PLN 10,000 to PLN 200,000,000, capped at 5 % of the entity’s annual revenue in the financial year in which the offence was committed . No prior criminal conviction of a natural person (the so-called “prejudicate”) is required to prosecute a collective entity for environmental crimes, and this will also apply to all newly added offences . The new rules apply only to acts committed after the entry into force of the amendment .
Facilitation of Prosecution
The amendment also aims to make prosecution of environmental crimes easier . The Police will receive new powers, including an expanded catalogue of environmental offences permitting operational surveillance . Harmonisation of Polish law with EU standards is also intended to facilitate cross-border prosecution by meeting the requirement of dual criminality.
Full article is available in Polish here.