doctype: protocol

identifier: CETS No. 227

openingPlace: Valletta

reference: CETS No. 227

title: Third Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

text: Council of Europe Treaty Series - No. 227

text: Third Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

text: Valletta, 19 September 2025

text: The member States of the Council of Europe, signatory to this Protocol,

text: Having regard to their undertakings under the Statute of the Council of Europe;

text: Desirous of further contributing to safeguarding human rights, upholding the rule of law and supporting the democratic fabric of society;

text: Considering it desirable to that effect to strengthen their individual and collective ability to respond to crime;

text: Decided to improve on and supplement in certain aspects the European Convention on Mutual Assistance in Criminal Matters (ETS No. 30, hereinafter referred to as “the Convention”), done at Strasbourg on 20 April 1959, as well as the Additional Protocols thereto of 17 March 1978 (ETS No. 99) and 8 November 2001 (ETS No. 182);

text: Taking into consideration the

text: Convention for the Protection of Human Rights and Fundamental Freedoms

text: (ETS No. 5), done at Rome on 4 November 1950, as well as the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108), done at Strasbourg on 28 January 1981,

text: Have agreed as follows:

text: Article 15

text: of the Convention shall be replaced by the following provisions:

text: “1 Requests for mutual assistance, as well as spontaneous information, shall be addressed in writing by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party and shall be returned through the same channels. However, they may be forwarded directly by the judicial authorities of the requesting Party to the judicial authorities of the requested Party and returned through the same channels.

text: Applications as referred to in

text: Article 11

text: of this Convention and

text: Article 13

text: of the Second Additional Protocol to this Convention shall in all cases be addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party and shall be returned through the same channels.

text: CETS 227 – Mutual Assistance in Criminal Matters (Third Protocol), 19.IX.2025 __________________________________________________________________________________

text: For Parties to the Second Additional Protocol, requests for mutual assistance concerning proceedings as mentioned in paragraph 3 of

text: Article 1

text: of this Convention, as amended by

text: Article 1

text: of the Second Additional Protocol, may also be forwarded directly by the administrative or judicial authorities of the requesting Party to the administrative or judicial authorities of the requested Party, as the case may be, and returned through the same channels.

text: Requests for mutual assistance made under Articles 18 and 19 of the Second Additional Protocol to this Convention may also be forwarded directly by the competent authorities of the requesting Party to the competent authorities of the requested Party.

text: Requests provided for in paragraph 1 of

text: Article 13

text: of this Convention may be addressed directly by the judicial authorities concerned to the appropriate authorities of the requested Party, and the replies may be returned directly by those authorities. Requests provided for in paragraph 2 of

text: Article 13

text: of this Convention shall be addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party.

text: Requests for copies of convictions and measures as referred to in

text: Article 4

text: of the Additional Protocol to the Convention may be made directly to the competent authorities. Any Contracting State may, at any time, by a declaration addressed to the Secretary General of the Council of Europe, define what authorities it will, for the purpose of this paragraph, deem competent authorities.

text: In urgent cases, where direct transmission is permitted under this Convention, it may take place through the International Criminal Police Organization (INTERPOL).

text: that a copy of the request be forwarded to the central authority designated in that declaration;

text: that requests, except urgent requests, be forwarded to the central authority designated in that declaration;

text: that, in case of direct transmission for reasons of urgency, a copy shall be transmitted at the same time to its Ministry of Justice;

text: that some or all requests for assistance shall be sent to it through channels other than those provided for in this article.

text: Any Party may, at any time, by a declaration addressed to the Secretary General of the Council of Europe, reserve the right to make the execution of requests, or specified requests, for mutual assistance dependent on one or more of the following conditions:

text: Requests for mutual assistance and any other communications under this Convention or its Protocols, including those signed electronically, shall be forwarded by using secure electronic means of communication. The requested Party may require appropriate levels of security and authentication for the transmission of the request. Other means of communication which provide evidence in writing may be used.

text: The Parties shall, upon request, submit the originals or certified copies of documents.

text: Any Contracting State may, by a declaration addressed at any time to the Secretary General of the Council of Europe, establish the conditions under which it shall be willing to accept and execute requests transmitted by electronic or other means of communication.

text: The provisions of this article are without prejudice to those of bilateral agreements or arrangements in force between Parties which provide for the direct transmission of requests for mutual assistance between their respective authorities.”

text: Article 4

text: of the Second Additional Protocol to the Convention shall not apply as between Parties to this Protocol.

text: Paragraph 1 of Article 21 of the Convention shall be replaced by the following provision:

text: “1 Information laid by one Party with a view to proceedings in the courts of another Party shall be transmitted in accordance with paragraphs 1 and 8 of

text: Article 15

text: Article 1 – Channels of communication

text: The Convention shall be supplemented by the following provisions:

text: “Hearing by video conference

text: If a person is in one Party’s territory and has to be heard as a witness or expert by the judicial authorities of another Party, the latter may, where appropriate, request that the hearing take place by video conference, as provided for in paragraphs 2 to 7.

text: The requested Party shall agree to the hearing by video conference provided that the use of the video conference is not contrary to fundamental principles of its law and on condition that it has the technical means to carry out the hearing. If the requested Party has no access to the technical means for video conferencing, such means may be made available to it by the requesting Party by mutual agreement.

text: Requests for a hearing by video conference shall, in addition to the information referred to in

text: Article 14

text: of the Convention, specify the judicial authority which will be conducting the hearing.

text: The judicial authority of the requested Party shall summon the person concerned to appear in accordance with the forms laid down by its law.

text: a judicial authority of the requested Party shall be present during the hearing, where necessary assisted by an interpreter, and shall also be responsible for ensuring both the identification of the person to be heard and respect for the fundamental principles of the law of the requested Party. If the judicial authority of the requested Party is of the view that during the hearing the fundamental principles of the law of the requested Party are being infringed, it shall immediately take the necessary measures to ensure that the hearing continues in accordance with the said principles;

text: measures for the protection of the person to be heard shall be agreed, where necessary, between the competent authorities of the requesting and the requested Parties;

text: the hearing shall be conducted directly by, or under the direction of, the judicial authority of the requesting Party in accordance with its own laws;

text: at the request of the requesting Party or the person to be heard, the requested Party shall ensure that the person to be heard is assisted by an interpreter, if necessary;

text: the person to be heard may claim the right not to testify which would accrue to him or her under the law of either the requested or the requesting Party.

text: With reference to a hearing by video conference, the following rules shall apply:

text: Without prejudice to any measures agreed for the protection of persons, the judicial authority of the requested Party shall, on the conclusion of the hearing, draw up minutes indicating the date and place of the hearing, the identity of the person heard, the identities and functions of all other persons in the requested Party participating in the hearing, any oaths taken and the technical conditions under which the hearing took place. The document shall be forwarded by the competent authority of the requested Party to the competent authority of the requesting Party.

text: Each Party shall take the necessary measures to ensure that, where witnesses or experts are being heard within its territory, in accordance with this article, and refuse to testify when under an obligation to testify or do not testify according to the truth, its national law applies in the same way as if the hearing took place in a national procedure.

text: Parties may at their discretion also apply the provisions of this article, where appropriate and with the agreement of their competent judicial authorities, to hearings by video conference involving the accused person or the suspect. In this case, the decision to hold the video conference, and the manner in which the video conference shall be carried out, shall be subject to agreement between the Parties concerned, in accordance with their national law and relevant international instruments. Hearings involving the accused person or the suspect shall only be carried out with his or her consent.

text: Any Contracting State may, at any time, by means of a declaration addressed to the Secretary General of the Council of Europe, declare that it will not avail itself of the possibility provided in paragraph 8 above of also applying the provisions of this article to hearings by video conference involving the accused person or the suspect.

text: This article is without prejudice to any agreement or arrangement in force or that may be entered into between the competent authorities of the Contracting States allowing the hearing by video conference to be undertaken using different modalities than those foreseen in this article.”

text: Article 9

text: Article 2 – Hearing by video conference

text: Where a Party uses technical devices intended to record positions, sound or images, in the framework of a criminal investigation and upon order or authorisation by a judicial authority of that Party regarding a person and/or an object, and where such recording devices enter the territory of another Party, such recording devices may continue to remain active subject to the provisions of this article. Whenever it is possible, the Party using the technical recording device shall send a mutual assistance request in advance, which contains the information enumerated in paragraph 3 of this article. In addition to the grounds enumerated under

text: Articles 2

text: and 5 of the Convention, the execution of such a request may be refused on the ground that such recording would not have been authorised in a similar domestic case according to the law of the requested Party. The recording device may remain active until any indication to the contrary by the requested Party.

text: In urgent situations where it is not possible to send a mutual assistance request in advance, and in particular when the Party using the technical recording devices only becomes aware of the presence of the recording device on the territory of another Party after it has already crossed the border, the Party using the technical recording device shall immediately notify the other Party in accordance with the procedure set out in the following paragraphs. During this notification procedure, technical recording devices may remain active pending authorisation by the notified Party. When the delay between the reception of a mutual assistance request sent in accordance with paragraph 1 of this article and the entry of a technical recording device on its territory is too short for the requested Party to execute the request on time, the requested Party may treat this mutual assistance request as a notification in accordance with the following paragraphs.

text: an indication of the authority ordering the use of the technical recording device;

text: confirmation that a lawful order has been issued in connection with a criminal investigation;

text: the reason why the purpose sought with the use of the technical recording device cannot be adequately achieved by other means of investigation;

text: information about the subject of the technical recording device;

text: a summary of the facts regarding the criminal conduct as well as the legal classification of the offence;

text: a description of the measure carried out or functions of the recording device applied; and

text: the expected duration of the use of the technical recording device.

text: Notifications in accordance with paragraph 2 shall contain:

text: The notified Party shall, as soon as possible and within ninety-six hours at the latest, indicate whether the technical recording devices may remain active or whether it validates their past activity. The notified Party may decide that the recording may not be carried out or shall be terminated, in a case where the recording would not be authorised in a similar domestic case according to the law of the notified Party. It may impose conditions, including that any material already recorded while the subject of the recording was on its territory may not be used, or may only be used under conditions which it shall specify, or making the continuation or the validation

text: of the recording activity in its territory dependent on the submission of a formal request for mutual assistance. The notified Party may also order the partial or full destruction of the data collected within its territory. Pending an explicit authorisation by the notified Party, the notifying Party may not use the recordings as evidence in criminal proceedings.

text: Parties shall, at the time of signature or when depositing their instrument of ratification, acceptance, approval or accession, by means of a declaration addressed to the Secretary General of the Council of Europe, indicate the competent authorities that they designate for the purposes of the notification in accordance with paragraph 2 of this article, as well as the language(s) in which this notification shall be addressed to them. They subsequently may, at any time and in the same manner, change the terms of their declaration.

text: that collection of data in private homes and places not accessible to the public shall be prohibited;

text: that authorisation to use recording devices on its territory shall only be granted for the criminal offences enumerated in Article 17, paragraph 6, of the Second Additional Protocol to the Convention.

text: Any Contracting State may, by a declaration addressed to the Secretary General of the Council of Europe at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it will apply one or both of the following restrictions to the notification procedure envisaged in this article:

text: The Party subsequently may, at any time and in the same manner, withdraw any such declaration.

text: Article 3 – Use of technical recording devices in the territory of another Party

text: a description, as precise as possible, of the telecommunication to be intercepted, including sufficient technical data, in particular the target identifier, to ensure that the request can be executed;

text: the reason why the purpose of the request cannot be adequately achieved by other means of investigation;

text: the confirmation that the interception has been authorised by the competent authority of the requesting Party;

text: the period of time during which the interception is to be effected.

text: Requests for the interception of telecommunications shall, in addition to the indications mentioned in

text: Article 14

text: of the Convention, contain the following information:

text: In addition to the grounds enumerated under

text: Articles 2

text: and 5 of the Convention, the execution of requests referred to in the preceding paragraph may be refused on the ground that the interception of telecommunications would not have been authorised in a similar domestic case according to the law of the requested Party.

text: If the period for which interception is requested exceeds the period for which an order is, or may be, issued according to the law of the requested Party, that Party shall inform the requesting Party without delay and indicate possibilities, if any, of extending this period.

text: that the judicial authorities of the requesting Party shall as soon as possible destroy those parts of the records which are of no relevance to the criminal proceedings in respect of which the request has been made and shall transmit a copy of the report on the destruction to the requested Party;

text: that, after the requested interception has taken place, the authorities of the requested Party shall, in accordance with the law and practice of that Party, so inform the subscriber to the telecommunication service that has been intercepted or any other person concerned;

text: that the evidence contained in the records resulting from the interception shall not be used by the authorities of the requesting Party for purposes other than those underlying the letters rogatory in respect of which assistance has been granted without the consent of the requested Party;

text: any other condition which would be observed in a similar domestic case.

text: The requested Party may make the execution of requests referred to in paragraph 1 of this article dependent on one or more of the following conditions:

text: In the request for the interception of telecommunications or during the interception, the requesting Party may, where it has a particular reason to do so, also request a transcription, decoding or decrypting of the recording subject to the agreement of the requested Party.

text: The judicial authorities of the requested Party may, after consulting the requesting Party, destroy those parts of the records which, in view of the object and reason of the request, cannot be of any relevance to the criminal proceedings in respect of which the request has been made or would be covered by legal professional privilege, before transmitting the records to the requesting Party.

text: If it appears from the records resulting from the interception that an offence was committed wholly or mainly within the territory of the requested Party, the requesting Party should consider the possibility of laying information to the requested Party, in accordance with Article 21 of the Convention.

text: By mutual agreement, Parties may apply the notification procedure provided in

text: Article 3

text: of this Protocol also to the interception of telecommunications in the territory of another Party without the technical assistance of that Party. In such cases, paragraphs 2 to 5 of

text: Article 3

text: of this Protocol shall apply mutatis mutandis.

text: Article 4 – Interception of telecommunications

text: costs incurred by the attendance of experts in the territory of the requested Party;

text: costs incurred by the transfer of a person in custody carried out under

text: Articles 13

text: or 14 of the Second Additional Protocol to this Convention, or

text: Article 11

text: of this Convention;

text: costs of a substantial or extraordinary nature.

text: Article 20 of the Convention shall be replaced by the following provisions:

text: “1 Parties shall not claim from each other the refund of any costs resulting from the application of this Convention or its Protocols, except:

text: However, the cost of establishing a video or telephone link, costs related to the servicing of a video or telephone link in the requested Party, the remuneration of interpreters provided by it and allowances to witnesses and their travelling expenses in the requested Party, the costs which are incurred by telecommunications operators or service providers in executing requests for the interception of telecommunications, as well as the costs arising from the transcription, decoding and decrypting of the intercepted communications when applicable, shall be refunded by the requesting Party to the requested Party, unless the Parties agree otherwise.

text: Parties shall consult with each other with a view to making arrangements for the payment of costs claimable under paragraph 1.c above.

text: The provisions of this article shall apply without prejudice to the provisions of

text: Article 10

text: , paragraph 3, of this Convention.”

text: Article 5

text: Article 5 – Costs

text: Requests for mutual assistance are to be executed with the same celerity and priority as for a comparable domestic case.

text: If the requesting Party has indicated that, due to procedural deadlines, the seriousness of the offence or other particularly urgent circumstances, a time limit is necessary to be set for the execution of a specific request, this shall be taken into account by the requested Party, which shall strive to comply with this time limit, to the extent possible.

text: If, in a specific case, the requested Party is unable to comply with the time limit set by the requesting Party, it shall inform the requesting Party without delay by any means. The Parties may then consult on the appropriate timing and conditions for the execution of the request for mutual assistance.

text: Article 6 – Time limit for the execution of requests for mutual assistance

text: “Data protection

text: for the purpose of proceedings to which the Convention or any of its Protocols apply;

text: for other judicial and administrative proceedings directly related to the proceedings mentioned under a;

text: for preventing an immediate and serious threat to public security.

text: Personal data transferred from one Party to another as a result of the execution of a request made under the Convention or any of its Protocols may be used by the Party to which such data have been transferred, only:

text: Such data may, however, be used for any other purpose if prior consent to that effect is given by either the Party from which the data have been transferred or the data subject.

text: Any Party may refuse to transfer personal data obtained as a result of the execution of a request made under the Convention or any of its Protocols where:

text: – such data are protected under its national legislation; and/or

text: – the Party to which the data should be transferred is not bound by the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108), done at Strasbourg on 28 January 1981, as modernised by the Protocol amending this Convention (CETS No. 223), done at Strasbourg on 10 October 2018, unless the latter Party undertakes to afford such protection to the data as is required by the former Party.

text: Any Party that transfers personal data obtained as a result of the execution of a request made under the Convention or any of its Protocols may require the Party to which the data have been transferred to give information on the use made with such data.

text: Any Party may, by a declaration addressed to the Secretary General of the Council of Europe, require that, within the framework of procedures for which it could have refused or limited the transmission or the use of personal data in accordance with the provisions of the Convention or one of its Protocols, personal data which it transmits to another Party not be used by the latter for the purposes of paragraph 1 unless with its previous consent.”

text: Article 26 of the Second Additional Protocol to the Convention shall not apply as between Parties to this Protocol.

text: Article 7 – Data protection

text: The European Committee on Crime Problems shall be kept informed regarding the interpretation and application of the Convention and its Protocols, and shall do whatever is necessary to facilitate a friendly settlement of any difficulty which may arise out of their application.

text: Article 8 – Friendly settlement

text: For Parties to this Protocol which are also Parties to the Second Additional Protocol to the Convention,

text: Article 1

text: of this Protocol shall supersede

text: Article 4

text: of the Second Additional Protocol;

text: Article 2

text: of this Protocol shall supersede

text: Article 9

text: of the Second Additional Protocol;

text: Article 5

text: of this Protocol shall supersede

text: Article 5

text: of the Second Additional Protocol; and

text: Article 7

text: of this Protocol shall supersede Article 26 of the Second Additional Protocol.

text: The provisions of this Protocol are without prejudice to the provisions of Article 26 of the Convention.

text: Article 9 – Relations with the Convention and its Additional Protocols

text: This Protocol shall be open for signature by Signatories and Parties to the Convention. It shall be subject to ratification, acceptance or approval. A Signatory may not ratify, accept or approve this Protocol unless it has previously or simultaneously expressed its consent to be bound by the provisions of the Convention. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which three Signatories have expressed their consent to be bound by the Protocol in accordance with the provisions of the preceding paragraph.

text: In respect of any Signatory which subsequently expresses its consent to be bound by it, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of its instrument of ratification, acceptance or approval.

text: Article 10 – Signature and entry into force

text: After the entry into force of this Protocol, any State Party to the Convention may also accede to this Protocol. A State that has the right to become a Party to the Convention according to its provisions may accede to this Protocol while expressing its consent to be bound by the Convention.

text: In respect of any State acceding to this Protocol under paragraph 1 above, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of accession with the Secretary General of the Council of Europe.

text: Article 11 – Accession

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Protocol shall apply.

text: Any State may, at any later time, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. In respect of such territory, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.

text: Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

text: Article 12 – Territorial application

text: Reservations made by a Party to any provision of the Convention or its Protocols shall be applicable also to this Protocol, unless that Party otherwise declares at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession. The same shall apply to any declaration made in respect or by virtue of any provision of the Convention or its Protocols, without prejudice to paragraphs 2 and 3 of this article.

text: Declarations made in accordance with the provisions of

text: Article 15

text: of the Convention as amended by the Second Additional Protocol, shall be considered valid and applicable to

text: Article 15

text: of the Convention as amended by this Protocol, with the exception of any declaration regarding the conditions to accept and execute requests transmitted by electronic or other means of communication (

text: Article 15

text: , paragraph 11, of the Convention as amended by this Protocol).

text: Any declaration made by a Party in accordance with

text: Article 9

text: , paragraph 9, of the Second Additional Protocol shall be considered valid and applicable to

text: Article 2

text: , paragraph 9, of this Protocol.

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it avails itself of the right not to accept, wholly or in part, any one or both of

text: Articles 3

text: and 4 of this Protocol. No other reservation may be made.

text: Each Party which has made a reservation may, at any time, withdraw it entirely or partially by a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect from the date of the receipt of such notification by the Secretary General.

text: A Party which has made a reservation in respect of a provision of this Protocol may not claim the application of that provision by any other Party; it may, however, if the reservation is partial or conditional, claim the application of that provision insofar as it has itself accepted it.

text: Article 13 – Reservations and declarations

text: Any Party may, at any time, denounce this Protocol by means of a notification addressed to the Secretary General of the Council of Europe.

text: Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

text: Denunciation of the Convention automatically entails denunciation of this Protocol.

text: Article 14 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe and any State which has acceded to this Protocol of:

text: any signature;

text: the deposit of any instrument of ratification, acceptance, approval or accession;

text: any date of entry into force of this Protocol in accordance with its

text: Articles 10

text: and 11;

text: any reservation made in accordance with

text: Article 13

text: , paragraph 4, of this Protocol, and any withdrawal of such a reservation;

text: any declaration made in accordance with

text: Article 15

text: , paragraphs 6, 8 and 11, of the Convention as amended by this Protocol; as well as

text: Article 2

text: , paragraph 9;

text: Article 3

text: , paragraphs 5 and 6;

text: Article 7

text: , paragraph 5; and

text: Article 12

text: of this Protocol, and any withdrawal of such a declaration;

text: any denunciation made in pursuance of

text: Article 14

text: of this Protocol and the date on which denunciation takes effect;

text: any other act, declaration, notification or communication relating to this Protocol.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol.

text: Done at Valletta, this 19th day of September 2025, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to the non-member States which have acceded to the Convention.

text: Article 15 – Notifications


doctype: treaty

identifier: CETS No. 228

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: CETS No. 228

title: Council of Europe Convention on the Protection of the Environment through Criminal Law

text: Council of Europe Treaty Series - No. 228

type: stycke

text: Council of Europe Convention on the Protection of the Environment through Criminal Law

text: Strasbourg, 3.XII.2025

text: Preamble

text: The member States of the Council of Europe and the other signatories to this Convention,

text: Recalling the Reykjavik Declaration, adopted at the 4th Summit of Heads of State and Government of the Council of Europe (Reykjavik, 16-17 May 2023), in which the Heads of State and Government of the Council of Europe declared their commitment to strengthening their work at the Council of Europe on the human rights aspects of the environment, to identifying the challenges raised by the triple planetary crisis of pollution, climate change and loss of biodiversity for human rights, and to contributing to the development of common responses thereto;

text: Recalling the

text: Convention for the Protection of Human Rights and Fundamental Freedoms

text: (ETS No. 5, 1950) and its Protocols, the Convention on the Conservation of European Wildlife and Natural Habitats (ETS No. 104, 1979) and the Council of Europe Landscape Convention (ETS No. 176, 2000);

text: Having regard to the European Convention on Extradition (ETS No. 24, 1957) and its Protocols, the European Convention on Mutual Assistance in Criminal Matters (ETS No. 30, 1959) and its Protocols, the European Convention on the International Validity of Criminal Judgments (ETS No. 70, 1970), the European Convention on the Transfer of Proceedings in Criminal Matters (ETS No. 73, 1972), the Criminal Law Convention on Corruption (ETS No. 173, 1999), the Convention on Cybercrime (ETS No. 185, 2001) and its Protocols and the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198, 2005);

text: Having regard to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108, 1981) and the Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (CETS No. 223, 2018);

text: Recalling the following recommendations of the Committee of Ministers to member States of the Council of Europe: Recommendation No. R (88) 18 concerning liability of enterprises having legal personality for offences committed in the exercise of their activities, Recommendation No. R (96) 8 on crime policy in Europe in a time of change, Recommendation Rec(2001)11 concerning guiding principles on the fight against organised crime, Recommendation CM/Rec(2014)7 on the protection of whistleblowers, Recommendation CM/Rec(2022)9 on the

text: CETS 228 – Protection of the Environment through Criminal Law, 3.XII.2025 __________________________________________________________________________________

text: protection of witnesses and collaborators of justice and Recommendation CM/Rec(2022)20 on human rights and the protection of the environment;

text: Recalling Resolution (77) 28 of the Committee of Ministers of the Council of Europe on the contribution of criminal law to the protection of the environment;

text: Recalling Parliamentary Assembly of the Council of Europe Resolution 2398 (2021) and Recommendation 2213 (2021) “Addressing issues of criminal and civil liability in the context of climate change”, Resolution 2477 (2023) and Recommendation 2246 (2023) “Environmental impact of armed conflicts” and Recommendation 2272 (2024) “Mainstreaming the human right to a safe, clean, healthy and sustainable environment with the Reykjavik process” that call for the recognition of ecocide, which is already covered by the law of certain member States of the Council of Europe and is being discussed at the international level;

text: Taking into account the case law of the European Court of Human Rights which sets important standards regarding the protection of human rights and the environment;

text: Bearing in mind Directive (EU) 2024/1203 of the European Parliament and of the Council of 11 April 2024 on the protection of the environment through criminal law and replacing Directives 2008/99/EC and 2009/123/EC;

text: Bearing in mind the United Nations Framework Convention on Climate Change (1992) and the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (1998);

text: Bearing in mind the United Nations Convention against Transnational Organized Crime (2000) and the United Nations Convention against Corruption (2003);

text: Bearing in mind the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (1973) and the United Nations Convention on Biological Diversity (1992);

text: Bearing in mind the International Convention for the Prevention of Pollution from Ships (MARPOL, 1973) and its Protocols, the International Convention for the Safety of Life at Sea (SOLAS Convention, 1974), the

text: United Nations Convention on the Law of the Sea

text: UNCLOS

text: , 1982), the Convention on the Protection and Use of Transboundary Watercourses and International Lakes (1992) and the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (2009);

text: Bearing in mind the Convention on the Physical Protection of Nuclear Material and its amendment (1979), the Convention on Long-range Transboundary Air Pollution (1979), the Montreal Protocol on Substances that Deplete the Ozone Layer (1987), the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989), the Convention on Environmental Impact Assessment in a Transboundary Context (1991), the Convention on Nuclear Safety (1994), the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (1997), the Stockholm Convention on Persistent Organic Pollutants (2001) and the Minamata Convention on Mercury (2013);

text: Recalling the principles of the Declaration of the United Nations Conference on the Human Environment (1972) and the Rio Declaration of the United Nations on Environment and Development (1992);

text: Recalling the Paris Agreement, adopted at the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (COP 21) on 12 December 2015 and opened for signature on 22 April 2016, the Glasgow Climate Pact, adopted at COP 26, the outcome of the first global stocktake adopted at COP 28 and the Kunming-Montreal Global Biodiversity Framework, adopted by the Parties to the United Nations Convention on Biological Diversity on 18 December 2022;

text: Recalling the following resolutions by the General Assembly of the United Nations: A/RES/75/196 of 16 December 2020, entitled “Strengthening the United Nations crime prevention and criminal justice programme, in particular its technical cooperation capacity”; A/RES/76/185 of 16 December 2021, entitled “Preventing and combating crimes that affect the environment”; A/RES/76/300 of 28 July 2022, entitled “The human right to a clean, healthy and sustainable environment”; and A/RES/77/325 of 25 August 2023, entitled “Tackling illicit trafficking in wildlife”;

text: Recalling the following United Nations Economic and Social Council resolutions: Resolution 2013/40 of 25 July 2013 “Crime prevention and criminal justice responses to illicit trafficking in protected species of wild fauna and flora”, Resolution 2008/25 of 24 July 2008 “International cooperation in preventing and combating illicit international trafficking in forest products, including timber, wildlife and other forest biological resources” and Resolution 1996/10 of 23 July 1996 “The role of criminal law in the protection of the environment”;

text: Recalling the Kyoto Declaration on Advancing Crime Prevention, Criminal Justice and the Rule of Law: Towards the Achievement of the 2030 Agenda for Sustainable Development, adopted by the Fourteenth United Nations Congress on Crime Prevention and Criminal Justice, held in Kyoto, Japan, from 7 to 12 March 2021;

text: Recalling the following resolutions by the Conference of the Parties of the United Nations Convention against Transnational Organized Crime: Resolution 11/3 of October 2022 entitled “Outcomes of the joint thematic discussion of the Working Group of Government Experts on Technical Assistance and the Working Group on International Cooperation on the application of the United Nations Convention against Transnational Organized Crime for preventing and combating transnational organized crimes that affect the environment”, Resolution 31/1 of May 2022 of the Commission of Crime Prevention and Criminal Justice entitled “Strengthening the international legal framework for international cooperation to prevent and combat illicit trafficking in wildlife” as well as Resolution 10/6 of October 2020 entitled “Preventing and combating crimes that affect the environment falling within the scope of the United Nations Convention against Transnational Organized Crime” and;

text: Recognising the primary role and responsibility of States in defining their policies and strategies to prevent and combat environmental crime;

text: Taking account of the existing research on the cost of environmental crime;

text: Acknowledging that activities of organised environmental crime hinder and undermine efforts undertaken by States to protect the environment, promote the rule of law and achieve sustainable development;

text: Recognising that environmental crime has a negative impact on economies, public health, human safety, food security, livelihoods and habitats;

text: Recognising the fundamental role of effective international co-operation in preventing and combating environmental crime and, to this end, acknowledging the importance of addressing, tackling and effectively responding to international challenges and barriers that hinder such cooperation;

text: Acknowledging also the important contributions of other relevant stakeholders, including the private sector, civil society, non-governmental organisations, the media, academia and the scientific community, in preventing and combating environmental crime;

text: Acknowledging also that, in the field of environmental protection, civil society, including environmental non-governmental organisations, plays an important role in contributing to raising public awareness of environmental issues and in the area of prevention and detection of environmental criminal offences;

text: Recognising the importance of due diligence by legal persons to ensure the protection of the environment and to prevent environmental offences;

text: Recognising that environmental crime increasingly has extraterritorial effects and takes the form of international trafficking, which, along with the acceleration of degradation phenomena (climate change, erosion of biodiversity, depletion of natural resources, destruction of habitats, etc.), prompts the need for general minimum standards in criminal law as part of a common and collaborative international framework;

text: Recognising that environmental crime may take many forms, which the law needs to identify, define and criminalise in a clear, effective and proportionate manner, fully respecting the principle of legality;

text: Recognising that some intentional conduct covered by this Convention can cause particularly severe damage to the environment and that this should be recognised as a particularly serious offence,

text: Have agreed as follows:

text: Chapter I – Purposes, scope, definitions and non-discrimination

type: rubrik

ordinal: a

text: effectively prevent and combat environmental crime;

type: punkt

ordinal: b

text: promote and enhance national and international co-operation against environmental crime;

ordinal: c

text: establish minimum rules to guide States in their national legislation;

text: The purposes of this Convention are to:

text: and thereby promote and enhance the protection of the environment.

text: In order to ensure effective implementation of its provisions by the Parties, this Convention establishes a specific monitoring mechanism.

text: Article 1 – Purposes of the Convention

type: artikel

text: This Convention shall apply to the prevention, detection, investigation, prosecution and sanctioning of criminal offences established in accordance with this Convention.

text: This Convention shall apply in times of peace and in situations of armed conflict, wartime or occupation.

text: Article 2 – Scope of the Convention

text: For the purposes of this Convention:

text: the term “unlawful” shall mean infringing a domestic law, a regulation, an administrative provision or a decision taken by a competent authority aimed at protecting the environment. The conduct shall be unlawful even if it is carried out under the authorisation of a competent authority of a Party when the authorisation was obtained fraudulently or by corruption, extortion or coercion;

text: the term “water” shall mean all surface water categories, including rivers, lakes, transitional waters, coastal waters, all groundwater bodies and all marine waters, including oceans and seas;

text: the term “ecosystem” shall mean a dynamic complex of plant, fungi, animal and micro-organism communities and their non-living environment which interact as a functional unit. It includes habitat types, habitats of species and species populations;

ordinal: d

text: the term “waste” shall mean any substance or object which the holder discards, intends to discard or is required to discard.

text: Article 3 – Definitions

text: The implementation of the provisions of this Convention by the Parties shall be secured without discrimination on any ground such as sex, race, colour, language, age, religion, political or any other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, state of health, disability or other status.

text: Article 4 – Principle of non-discrimination

text: Chapter II – Integrated policies and data collection

text: Parties shall take the necessary legislative or other measures to adopt and implement effective, comprehensive and co-ordinated policies which encompass appropriate measures to prevent and combat the commission of any offence established in accordance with this Convention.

text: ensuring a common understanding of the relationship between criminal and administrative enforcement, as well as the adoption of common priorities and practices;

text: the exchange of information for strategic and operational purposes within the limits of national law, including data protection rules; and

text: the exchange of best practices.

text: Parties shall take the necessary legislative or other measures to establish appropriate mechanisms for co-ordination and co-operation at strategic and operational levels among all their competent authorities involved in preventing and combating offences established in accordance with this Convention. Such mechanisms shall be aimed at:

text: Parties shall consider designating or establishing one or more official bodies responsible for the co-ordination, implementation, monitoring and evaluation of policies and measures to prevent and combat the commission of any offence established in accordance with this Convention, taking into account their constitutional traditions, legal systems and national circumstances.

text: Measures taken pursuant to this article shall involve all relevant actors, such as government agencies, national, regional and local parliaments and authorities, including the judiciary, public prosecutors, law-enforcement agencies and, where appropriate, non-governmental organisations and other relevant organisations and entities.

text: Parties shall consider assigning specialised investigation units, prosecutors and judges to work on the prevention, investigation, prosecution and adjudication of offences established in accordance with this Convention, taking into account their constitutional traditions, legal systems and national circumstances; and with due respect to the rules governing the status and functions of legal professionals.

text: Article 5 – Comprehensive and co-ordinated policies

text: Parties shall take the necessary legislative or other measures to establish and publish a national strategy on preventing and combating offences established in accordance with this Convention, addressing:

text: the objectives and priorities of national policy in this area;

text: the roles and responsibilities of the competent authorities;

text: the resources needed and how specialisation of enforcement professionals will be supported;

text: arrangements for regular evaluation of whether the objectives of such a national strategy are being attained; and

ordinal: e

text: the assistance of international networks that deal with matters directly relevant to preventing and combating offences established in accordance with this Convention and related infringements.

text: Article 6 – National strategy

text: Parties shall allocate appropriate financial and human resources to prevent and combat the commission of any offence established in accordance with this Convention.

text: Article 7 – Resources

text: Parties shall provide appropriate and regular multidisciplinary, technical and legal training for the relevant professionals dealing with the prevention, detection, investigation, prosecution and adjudication of offences established in accordance with this Convention, with due respect to the rules governing the status and functions of legal professionals.

text: Parties shall encourage the inclusion of instruction on co-ordinated multi-agency co-operation in the training referred to in paragraph 1 of this article, to allow for a comprehensive and appropriate handling of referrals in cases concerning offences established in accordance with this Convention.

text: Article 8 – Training of professionals

text: collect relevant statistical data at regular intervals on cases concerning offences established in accordance with this Convention; and

text: promote research in the field of environmental crime, in order to study its root causes and effects, incidences and conviction rates, as well as the efficacy of measures taken to implement this Convention.

text: For the purpose of the implementation of this Convention, Parties shall undertake to:

text: Parties shall provide the Committee of the Parties, as referred to in

text: Article 46

text: of this Convention, with the information collected pursuant to this article.

text: Parties shall take the necessary legislative or other measures to ensure that the information collected pursuant to this article is available to the public.

text: Article 9 – Data collection and research

text: Chapter III – Prevention

text: Parties shall take the necessary legislative or other measures for the prevention of the commission of any offence established in accordance with this Convention by any natural or legal person, where appropriate in co-operation with civil society and non-governmental organisations.

text: Article 10 – General obligations

text: Parties shall take the necessary measures to promote or organise information and awarenessraising campaigns relating to preventing and combating environmental crime, where appropriate, in co-operation with civil society and non-governmental organisations.

text: Parties shall take the necessary measures to ensure the wide dissemination among the general public of information on measures available to prevent offences established in accordance with this Convention.

text: Article 11 – Awareness raising

text: Chapter IV – Substantive criminal law

text: Section 1 – Pollution, products and substances

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the discharge, emission or introduction of a quantity of materials or substances, energy or ionising radiation into air, soil or water, which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.

text: Article 12 – Offences related to unlawful pollution

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the placing on the market, in breach of a prohibition or another requirement aimed at protecting the environment, of a product, the use of which results in the discharge, emission or introduction of a quantity of materials or substances, energy or ionising radiation into air, soil or water, which causes or is likely to cause death or serious injury to any person or substantial damage to air, water or soil quality, or to animals or plants as a result of the product’s use on a larger scale, namely the use of the product by several users, regardless of their number.

text: Article 13 – Offences related to the placing on the market of products in breach of environmental requirements

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the manufacture, placing or making available on the market, import, export or use of regulated chemical substances, whether on their own, in mixtures or in articles, including their incorporation into articles, when such conduct is prohibited according to the domestic law aimed at protecting the environment and which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.

text: Parties may identify the domestic provisions that they decide to make subject to paragraph 1 of this article and notify them to the Secretariat.

text: Article 14 – Offences related to chemical substances

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the manufacture, production, processing, handling, use, holding, storage, transport, import, export or disposal of radioactive material or substances, when such conduct causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.

text: Article 15 – Offences related to radioactive material or substances

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the manufacture, use, storage, import or export of mercury, mercury compounds and mixtures of mercury and mercury-added

text: products, when such conduct causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.

text: Article 16 – Offences related to mercury

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the production, placing on the market, import, export, use or release of ozone-depleting substances, or the production, placing on the market, import or export of products and equipment containing or relying on such substances.

text: Article 17 – Offences related to ozone-depleting substances

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the production, placing on the market, import, export, use or release of fluorinated greenhouse gases, or the placing on the market or import of products and equipment containing or relying on such gases.

text: Article 18 – Offences related to fluorinated greenhouse gases

text: Section 2 – Waste

text: concerns hazardous waste as defined in accordance with domestic law and when it involves a non-negligible quantity; or

text: concerns other waste than that referred to in paragraph 1.a of this article and causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the collection, treatment, transport, recovery or disposal of waste, the supervision of such operations and the aftercare of disposal sites, including action taken as a dealer or a broker (waste management), when such conduct:

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the transboundary shipment of waste when such shipment is undertaken in a non-negligible quantity, whether executed in a single shipment or in several shipments which appear to be linked.

text: Article 19 – Offences related to the unlawful collection, treatment, transport, recovery, disposal or shipment of waste

text: Section 3 – Installations

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the operation or closure of an installation in which a dangerous activity is carried out, when such conduct causes or is likely

text: to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.

text: Article 20 – Offences related to the unlawful operation or closure of an installation in which a dangerous activity is carried out

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the operation or closure of an installation in which dangerous substances or mixtures are stored or used, when such conduct causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.

text: Article 21 – Offences related to the unlawful operation or closure of an installation that involves dangerous substances

text: Section 4 – Ships

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the failure of the owner of a ship to comply with the applicable requirements which impose the recycling of a ship at ship recycling facilities that meet required environmental standards.

text: Article 22 – Offences related to the unlawful recycling of ships

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the ship-source discharges of polluting substances, when such conduct causes or is likely to cause deterioration in the quality of water or damage to the marine environment.

text: Article 23 – Offences related to the ship-source discharges of polluting substances

text: Section 5 – Natural resources

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the abstraction of surface water or groundwater which causes or is likely to cause substantial damage to the ecological status or potential of surface water bodies or to the quantitative status of groundwater bodies.

text: Article 24 – Offences related to the unlawful abstraction of surface water or groundwater

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the placing on the market of unlawfully harvested timber, or of products derived from such timber, except where the conduct concerns a negligible quantity.

text: Article 25 – Offences related to trade in unlawfully harvested timber

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, mining activities which require an environmental impact assessment or an equivalent environmental procedure under domestic law, when they are undertaken without a legally required development consent concerning environmental aspects established under domestic law and when they cause or are likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.

text: Parties may identify domestic provisions that they decide to make subject to paragraph 1 of this article and notify them to the Secretariat.

text: Article 26 – Offences related to unlawful mining

text: Section 6 – Biodiversity

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the killing, destruction, taking or possession of a specimen or specimens of protected wild fauna or flora species, including the taking or possession of parts or derivatives of specimens, except where the conduct concerns a negligible quantity of such specimens, taking into account, where relevant, the conservation status of the species.

text: Article 27 – Offences related to the unlawful killing, destruction, taking and possession of protected wild fauna or flora

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the sale or offering for sale of a specimen or specimens of protected wild fauna or flora species, or parts or derivatives thereof, except for cases where the conduct concerns a negligible quantity of such specimens, taking into account, where relevant, the conservation status of the species.

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the transboundary trading in specimens of protected wild fauna or flora species, or parts or derivatives thereof, except for cases where the conduct concerns a negligible quantity of such specimens, taking into account, where relevant, the conservation status of the species.

text: Article 28 – Offences related to the unlawful trading in protected wild fauna or flora

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the causing of deterioration of a habitat within a protected site or the disturbance of protected animal species within a protected site, as defined under domestic law, when this deterioration or disturbance is significant.

text: Parties may identify habitats within a protected site and protected animal species that they decide to make subject to paragraph 1 of this article and notify them to the Secretariat.

text: Article 29 – Offences related to the unlawful deterioration of habitats within a protected site

text: Parties shall take the necessary legislative measures to establish as a criminal offence under their domestic law, when committed unlawfully and intentionally, the bringing into the national territory, placing on the market, keeping, breeding, transporting, using, exchanging, permitting to reproduce, grow or cultivate, releasing into the environment or spreading of invasive alien species which are defined in domestic law as species of concern for the environment, when such conduct causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants.

text: Article 30 – Offences related to invasive alien species

text: Section 7 – Particularly serious offence

text: Parties shall take the necessary legislative measures to establish as a particularly serious offence any of the offences established in accordance with this Convention, when committed intentionally, and when such an offence causes destruction or causes irreversible, widespread and substantial damage, or causes long-lasting, widespread and substantial damage to an ecosystem of considerable size or environmental value, or to a habitat within a protected site, or to the quality of air, soil or water.

text: Article 31 – Particularly serious offence

text: Section 8 – General provisions of criminal law

text: Parties shall take the necessary legislative measures to establish as an offence, when committed unlawfully and intentionally, inciting or aiding and abetting the commission of the offences established in accordance with this Convention.

text: Parties shall take the necessary legislative measures to establish as offences, when committed unlawfully and intentionally, attempts to commit the offences established in accordance with

text: Articles 12

text: to 21, 23 to 25, 28, paragraph 2, and 30 of this Convention.

text: Parties shall consider taking the necessary legislative measures to establish as offences, when committed unlawfully and intentionally, attempts to commit the offences established in accordance with

text: Articles 27

text: and 28, paragraph 1, of this Convention.

text: Article 32 – Inciting, aiding and abetting and attempt

text: in their territory;

text: on board a ship flying their flag;

text: on board an aircraft registered under their laws; or

text: by one of their nationals.

text: Parties shall take the necessary legislative measures to establish jurisdiction over any offence established in accordance with this Convention, when the offence is committed:

text: Parties shall consider taking the necessary legislative measures to establish jurisdiction over any offence established in accordance with this Convention, when the offence is committed against one of their nationals.

text: Parties shall take the necessary legislative measures to establish jurisdiction over any offence established in accordance with this Convention, when the alleged offenders are present in their territory and cannot be extradited to another State, solely on the basis of their nationality.

text: Where more than one Party claims jurisdiction over an alleged offence established in accordance with this Convention, the Parties concerned shall, where appropriate, consult each other with a view to determining the most appropriate jurisdiction for prosecution.

text: Without prejudice to general rules of international law, this Convention shall not exclude any criminal jurisdiction exercised by a Party in accordance with its domestic law.

text: Article 33 – Jurisdiction

text: a power of representation of the legal person;

text: an authority to take decisions on behalf of the legal person; or

text: an authority to exercise control within the legal person.

text: Parties shall take the necessary legislative measures to ensure that legal persons can be held liable for offences established in accordance with this Convention, when committed for their benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within that legal person, based on:

text: Apart from the cases provided for in paragraph 1 of this article, Parties shall take the necessary legislative measures to ensure that a legal person can be held liable where the lack of supervision or control by a natural person referred to in paragraph 1 of this article has made possible the commission of an offence established in accordance with this Convention for the benefit of that legal person by a natural person acting under its authority.

text: Subject to the legal principles of the Party, the liability of a legal person may be criminal, civil or administrative.

text: Such liability shall be without prejudice to the criminal liability of a natural person who has committed the offence.

text: Article 34 – Liability of legal persons

text: Parties shall take the necessary legislative measures to ensure that the offences established in accordance with this Convention, when committed by natural persons, are punishable by effective, proportionate and dissuasive sanctions, which take into account the seriousness of the offence. The sanctions available shall include imprisonment and may also include monetary sanctions.

text: disqualification from exercising commercial activity;

text: exclusion from entitlement to public benefits or aid;

text: exclusion from access to public funding, including tender procedures, grants and concessions, and the withdrawal of permits and authorisations;

text: placing under judicial supervision;

text: a judicial winding-up order;

text: suspension, withdrawal or cancellation of permits or authorisations to pursue activities which resulted in the relevant criminal offence;

text: where there is public interest, the publication of all or part of a judicial decision related to an environmental offence, without prejudice to privacy or data protection rules; or

text: an obligation to establish due diligence schemes for enhancing compliance with environmental standards.

text: Parties shall take the necessary legislative measures to ensure that legal persons held liable in accordance with

text: Article 34

text: are subject to effective, proportionate and dissuasive sanctions, which shall include criminal or non-criminal monetary sanctions, and could include other measures, such as:

text: instrumentalities, meaning any property used or intended to be used, in any manner, wholly or in part, to commit a criminal offence or criminal offences established in accordance with this Convention; and

text: proceeds of crime derived from offences established in accordance with this Convention, or property whose value corresponds to such proceeds.

text: Parties shall adopt, to the greatest extent possible within their domestic legal systems, such legislative and other measures as may be necessary to enable freezing, seizure and confiscation of:

text: the competent authority may order the reinstatement of the environment in relation to an offence established in accordance with this Convention, subject to certain conditions; and

text: the competent authority may make an order for the reinstatement of the environment that has not been complied with executable at the expense of the person subject to the order or that person may be liable to other criminal or non-criminal sanctions instead of or in addition to it.

text: Parties shall consider taking the necessary legislative and other measures, in accordance with their domestic law, to include among the sanctions and measures applicable to natural and legal persons the reinstatement of the environment, according to the following provisions:

text: Article 35 – Sanctions and measures

text: the offence caused severe and widespread, or severe and long-term, or severe and irreversible damage to an ecosystem;

text: the offence was committed in the framework of a criminal organisation;

text: the offence involved the use of false or forged documents by the offender;

text: the offence was committed by a public official or public officials when performing their duties;

text: the perpetrator has previously been definitively convicted of offences established in accordance with this Convention; or

text: the offence generated or was expected to generate substantial financial benefits or to avoid substantial expenses directly or indirectly to the extent to which they can be determined.

text: Parties shall take the necessary legislative measures to ensure that one or several of the following circumstances, insofar as they do not already form part of the constituent elements of the offence, may, in conformity with the relevant provisions of domestic law, be taken into consideration as aggravating circumstances in determining the sanctions in relation to the offences established in accordance with this Convention, namely that:

text: The aggravating circumstance referred to in paragraph 1.a of this article shall not apply to the offence referred to in

text: Article 31

text: of this Convention.

text: Article 36 – Aggravating circumstances

text: Parties shall consider taking the necessary legislative measures to provide for the possibility to take into account final sentences passed by another Party in relation to offences established in accordance with this Convention when determining the sanctions.

text: Article 37 – Previous sentences passed by another Party

text: Chapter V – Investigation, prosecution and procedural law

text: Parties shall take the necessary legislative measures to ensure that investigations into, or the prosecution of, offences established in accordance with this Convention are not subordinate to a complaint and that the proceedings may continue even if the complaint is withdrawn.

text: Article 38 – Initiation and continuation of proceedings

text: Parties shall consider taking the necessary legislative and other measures, in accordance with their domestic law, to grant persons who have sufficient interest or allege a violation of a right, as well as non-governmental organisations promoting environmental protection, the right to participate in criminal proceedings concerning offences established in accordance with this Convention, to the extent that said procedural rights for such persons and organisations exist in the Parties’ domestic legal systems in proceedings for other criminal offences, for example as a civil party.

text: Article 39 – Right to participate in proceedings

text: Chapter VI – International co-operation

text: preventing, combating and prosecuting offences established in accordance with this Convention, including freezing, seizure and confiscation;

text: protecting and providing assistance to witnesses and persons who report the offences established in accordance with this Convention and co-operate with justice;

text: investigations or proceedings concerning the offences established in accordance with this Convention; and

text: enforcing relevant criminal judgments issued by the judicial authorities of the Parties.

text: Parties shall co-operate with each other, in accordance with the provisions of this Convention and through the application of relevant international and regional instruments on co-operation in criminal matters and arrangements agreed on the basis of uniform or reciprocal legislation and internal laws, to the widest extent possible, for the purpose of:

text: If a Party that makes extradition or mutual legal assistance in criminal matters conditional on the existence of a treaty receives a request for extradition or legal assistance in criminal matters from a Party with which it has no such treaty, it may, acting in full compliance with its obligations under international law and subject to the conditions provided for by the domestic law of the requested Party, consider this Convention as the legal basis for extradition or mutual legal assistance in criminal matters in respect of the offences established in accordance with this Convention and may apply, mutatis mutandis,

text: Articles 16

text: and 18 of the United Nations Convention against Transnational Organized Crime to this effect.

text: Article 40 – International co-operation in criminal matters

text: A Party may, within the limits of its internal law, without prior request, forward to another Party information obtained within the framework of its own investigations when it considers that the disclosure of such information might assist the receiving Party in preventing offences established in accordance with this Convention or in initiating or carrying out investigations or proceedings concerning such offences, or that this disclosure might lead to a request for cooperation by that Party under

text: Article 40

text: of this Convention.

text: A Party receiving any information in accordance with paragraph 1 of this article shall submit such information to its competent authorities in order that proceedings may be taken if they are considered appropriate, or that this information may be taken into account in relevant civil and criminal proceedings.

text: The providing Party may, pursuant to its national law, impose conditions on the use of such information by the receiving Party. The receiving Party shall be bound by those conditions.

text: Article 41 – Information

text: Any transfer of personal data by a Party in accordance with

text: Articles 40

text: and 41 of this Convention shall only take place if the conditions laid down in applicable legislation and international agreements governing the protection of personal data are complied with.

text: Article 42 – Data protection

text: Chapter VII – Measures for protection

text: informing them of their rights and the services at their disposal and, upon request, the follow-up given to their complaint, the charges retained and the state of the criminal proceedings unless in exceptional cases the proper handling of the case may be adversely affected by such notification, and their role therein as well as the outcome of their cases;

text: enabling them, in a manner consistent with the procedural rules of domestic law, to be heard, to supply evidence and to choose the means of having their views, needs and concerns presented and considered, directly or through an intermediary;

text: providing them with appropriate support services so that their rights and interests are duly presented and taken into account; and

text: ensuring that measures are available to protect victims and their family members from secondary and repeat victimisation, from intimidation and from retaliation.

text: Parties shall take the necessary legislative and other measures to protect the rights and interests of victims at all stages of criminal investigations and proceedings, in accordance with their domestic law, in particular by:

text: Parties shall take the necessary legislative and other measures to ensure that victims have access, as from their first contact with the competent authorities, to information on relevant judicial and administrative proceedings.

text: Parties shall ensure that victims have access to legal aid where they have the status of parties to criminal proceedings. The conditions or procedural rules under which victims have access to legal aid shall be determined by domestic law.

text: Parties shall take the necessary legislative and other measures to ensure that victims of an offence established in accordance with this Convention committed in the territory of a Party other than the one where they reside can make a complaint before the competent authorities of their State of residence if they are unable to do so in the Party where the criminal offence was committed or, in the case of a serious offence within the meaning of the domestic law of that Party, where they do not wish to do so.

text: Parties shall take the necessary legislative and other measures to provide the possibility for members of groups, foundations, associations or governmental or non-governmental organisations to assist and/or support the victims with their consent during criminal proceedings concerning the offences established in accordance with this Convention, unless a reasoned decision has been made to the contrary.

text: Article 43 – The standing of victims in criminal investigations and proceedings

text: Parties shall take the necessary legislative and other measures to provide effective and appropriate protection against any form of potential retaliation or intimidation for witnesses in criminal proceedings concerning offences established in accordance with this Convention and, as appropriate, for their relatives and other persons close to them.

text: Paragraph 1 of this article shall also apply to victims insofar as they are witnesses.

text: Article 44 – Protection of witnesses

text: Parties shall take the necessary legislative and other measures to provide effective and appropriate protection for those who report the offences established in accordance with this Convention or otherwise co-operate with the investigating or prosecuting authorities.

text: Article 45 – Protection of persons who report offences or co-operate with justice

text: Chapter VIII – Monitoring mechanism

text: The Committee of the Parties shall be composed of representatives of the Parties to this Convention.

text: The Committee of the Parties shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within a period of one year following the entry into force of this Convention in respect of the 10th Signatory having ratified it. It shall subsequently meet whenever at least one third of the Parties or the Secretary General so requests.

text: The Committee of the Parties shall adopt its own rules of procedure.

text: Any Party which is not a member of the Council of Europe shall contribute to the funding of the activities of the Committee of the Parties. The contribution of a non-member of the Council of Europe shall be established jointly by the Committee of Ministers and that non-member.

text: Article 46 – Committee of the Parties

text: The Parliamentary Assembly of the Council of Europe, the Commissioner for Human Rights, the European Committee on Crime Problems (CDPC), as well as other relevant Council of Europe intergovernmental committees, shall each appoint a representative to the Committee of the Parties.

text: The Committee of Ministers may invite other Council of Europe bodies to appoint a representative to the Committee of the Parties after consulting the latter.

text: Representatives of civil society, and in particular non-governmental organisations, may be admitted as observers to the Committee of the Parties following the procedure established by the relevant rules of the Council of Europe.

text: Representatives appointed under paragraphs 1 to 3 of this article shall participate in meetings of the Committee of the Parties without the right to vote.

text: Article 47 – Other representatives

text: The Committee of the Parties shall monitor the implementation of this Convention. The rules of procedure of the Committee of the Parties shall determine the procedure for evaluating the implementation of this Convention.

text: The Committee of the Parties shall facilitate the collection, analysis and exchange of information, experience and good practice between States to improve their capacity to protect the environment through criminal law.

text: facilitate the effective use and implementation of this Convention, including the identification of any problems and the effects of any declaration or reservation made under this Convention; and

text: express an opinion on any question concerning the application of this Convention and facilitate the exchange of information on significant legal, policy or technological developments.

text: The Committee of the Parties shall also, where appropriate:

text: The Committee of the Parties shall be assisted by the Secretariat of the Council of Europe in carrying out its functions pursuant to this article.

text: The CDPC shall be kept periodically informed regarding the activities mentioned in paragraphs 1 to 3 of this article.

text: Article 48 – Functions of the Committee of the Parties

text: Chapter IX – Relationship with other sources of international law

text: This Convention shall not affect rights and obligations arising from customary international law and other international conventions to which Parties to this Convention are Parties or shall become Parties and which contain provisions on matters governed by this Convention.

text: The Parties to this Convention may conclude bilateral or multilateral agreements with one another on the matters dealt with in this Convention, for purposes of supplementing or strengthening its provisions or facilitating the application of the principles embodied in it.

text: Nothing in this Convention shall affect the rights, obligations and responsibilities of States and individuals under international law.

text: Article 49 – Relationship with other sources of international law

text: Chapter X – Amendments to the Convention

text: Any proposal for an amendment to this Convention presented by a Party shall be communicated to the Secretary General of the Council of Europe, who will forward it to the member States of the Council of Europe, any Signatory, any Party, the European Union, any State invited to sign this Convention in accordance with the provisions of

text: Article 53

text: and any State invited to accede to this Convention in accordance with the provisions of

text: Article 54

text: The Committee of Ministers of the Council of Europe shall consider the proposed amendment and, after having consulted the Parties to this Convention that are not members of the Council of Europe, may adopt the amendment by the majority provided for in

text: Article 20

text: .d of the Statute of the Council of Europe.

text: The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 2 of this article shall be forwarded to the Parties for acceptance.

text: Any amendment adopted in accordance with paragraph 2 of this article shall enter into force on the first day of the month following the expiration of a period of one month after the date on which all Parties have informed the Secretary General of the Council of Europe of their acceptance.

text: Article 50 – Amendments to the Convention

text: Chapter XI – Final clauses

text: The provisions of this Convention shall not prejudice the provisions of domestic law and binding international instruments which are already in force or may come into force, under which more favourable rights are or would be accorded to persons in preventing and combating environmental crime.

text: Parties which are member States of the European Union shall, in their mutual relations, apply European Union rules governing the matters within the scope of this Convention. This is without prejudice to the full application of this Convention in their relations with other Parties.

text: Article 51 – Effects of this Convention

text: The Parties to any dispute which may arise concerning the application or interpretation of the provisions of this Convention shall first seek to resolve it by means of negotiation, conciliation, arbitration or by any other methods of peaceful settlement accepted by mutual agreement between them.

text: The Committee of Ministers of the Council of Europe may establish procedures of settlement to be available for use by the Parties in dispute if they should so agree.

text: Article 52 – Dispute settlement

text: This Convention shall be open for signature by the member States of the Council of Europe, the non-member States which have participated in its elaboration and the European Union.

text: This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which 10 Signatories, including at least eight member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with paragraph 2 of this article.

text: In respect of any State referred to in paragraph 1 of this article or the European Union, which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of its instrument of ratification, acceptance or approval.

text: Article 53 – Signature and entry into force

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consultation of the Parties to this Convention and obtaining their unanimous consent, invite any non-member State of the Council of Europe which has not participated in the elaboration of the Convention to accede to this Convention by a decision taken by the majority provided for in

text: Article 20

text: .d of the Statute of the Council of Europe, and by unanimous vote of the representatives of the Parties entitled to sit on the Committee of Ministers.

text: In respect of any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

text: Article 54 – Accession to the Convention

text: Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.

text: Any Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. In respect of such territory, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

text: Any declaration made under the two preceding paragraphs may, in respect of any territory specified in any such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

text: Article 55 – Territorial application

text: No reservation may be made in respect of any provision of this Convention, with the exception of those provided for in paragraphs 2 and 3 of this article.

text: Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply or to apply only in specific cases or conditions the provisions laid down in

text: Article 33

text: , paragraph 1.d of this Convention.

text: the scope of the term “unlawful” in

text: Article 3

text: .a of this Convention; and

text: the scope of the notions “domestic law”, “domestic provisions”, “protected” and “requirement” used for the purpose of defining offences under

text: Articles 13

text: and 14, 19 to 22 and 26 to 30 of this Convention. 4 Any Party may wholly or partly withdraw a reservation by means of a declaration addressed to the Secretary General of the Council of Europe. This declaration shall become effective as from its date of receipt by the Secretary General.

text: Based on its harmonised law, a regional integration organisation and member States of that organisation may, at the time of signature or when depositing their instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, specify:

text: Article 56 – Reservations

text: Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe. 2 Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

text: Article 57 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the non-member States which have participated in its elaboration, any Signatory, any Party, the European Union and any State invited to accede to this Convention of: a any signature; b the deposit of any instrument of ratification, acceptance, approval or accession; c any date of entry into force of this Convention in accordance with

text: Articles 53

text: and 54; d any amendment adopted in accordance with

text: Article 50

text: and the date on which such an amendment enters into force; e any reservation and withdrawal of reservation made in pursuance of

text: Article 56

text: ; f any denunciation made in pursuance of the provisions of

text: Article 57

text: ; or g any other act, notification or communication relating to this Convention.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Strasbourg, this 3rd day of December 2025, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention, to the European Union and to any State invited to accede to this Convention.

text: Article 58 – Notification