Berlin. On Wednesday, the German cabinet approved draft legislation aimed at strengthening criminal protections for the environment and implementing a new EU directive on environmental offenses.
Germany proposes harsher penalties for environmental crimes under new EU-aligned law
"Environmental crime is big business. Organized crime rakes in billions worldwide through illegal waste disposal and other environmental violations," said Federal Justice Minister Stefanie Hubig (SPD). "Sewage sludge dumped in forests, chemicals in rivers, waste oil in the soil—environmental crimes leave destruction in their wake and threaten both people and nature. That is why we are bolstering the rule of law in the fight against environmental crime."
Federal Environment Minister Carsten Schneider (SPD) added that environmental crime is no minor offense. "While some perpetrators enrich themselves through criminal means, we all pay the price." The victims, he said, include human health, nature, law-abiding businesses, and ultimately taxpayers. "Because in most cases, it is the state that foots the bill for the damage," Schneider noted. "We are changing that, introducing significantly tougher penalties to act as a deterrent."
Under the draft law, particularly severe cases of environmental crime could face harsher sentences. In instances where deliberate actions cause catastrophic environmental consequences—such as an oil spill—custodial sentences of at least one year would now apply. Additionally, certain waste-related and radioactive offenses committed by organized criminal groups or for commercial gain would generally carry increased penalties ranging from six months to ten years in prison.
In response to the so-called diesel emissions scandal, the directive also introduces criminal liability for placing environmentally harmful products on the market. The unlawful distribution of a product could now be punishable if its widespread use (for example, by a large number of consumers) leads to air pollution capable of causing significant harm.
Currently, German criminal law protects soil, water, air, animals, plants, and human health. The directive expands this to include ecosystems as an additional protected environmental medium, recognizing the importance of interactions between organisms and their non-living surroundings for environmental conservation.
The draft also proposes amending the Criminal Code to include the emission of certain forms of energy—such as "noise," "vibrations," "thermal energy," or "non-ionizing radiation." Under specific conditions, the release, discharge, or introduction of "energy" (including heat, noise, and light) could now be subject to criminal penalties.
To combat serious environmental offenses, law enforcement agencies will gain expanded investigative powers, including the ability—for the first time—to use covert measures such as telecommunications surveillance. The rules for corporate fines will also be tightened.
According to the ministries, environmental crime ranks among the world's largest criminal sectors, alongside drug trafficking and human smuggling. It remains one of the primary revenue streams for organized crime.
