Implementation of Directive (EU) 2024/1203 of 11 April 2024 on the protection of the environment through criminal law

Priority question for written answer P-001121/2026
to the Commission
Rule 144
Cristina Guarda (Verts/ALE)

Can the Commission answer the following questions:

• 1.Is it possible for a Member State to transpose an EU directive on the environment while backsliding on the objective of the directive itself, and is this in line with Article 191 of the Treaty on the Functioning of the European Union (TFEU)?
• 2.What is the correct interpretation of Article 3(1) of Directive (EU) 2024/1203, specifically as regards the clause: 'Such conduct shall be unlawful even where it is carried out under an authorisation issued by a competent authority of a Member State [...] if such authorisation is in manifest breach of relevant substantive legal requirements', bearing in mind also Recital 10 of the Directive?
• 3.Does it consider that a Member State's transposition of Directive (EU) 2024/1203 which excludes the aforementioned case of unlawful conduct - hence limiting that unlawful conduct solely to cases of authorisation obtained through fraud, corruption, extortion or coercion - can be seen as constituting full implementation of the Directive? Is that kind of transposition in line with the objective of the directive itself, or with the aim of preventing impunity and backsliding on the criminal protection of the environment, which is already enshrined in the domestic law of the Member State?

Submitted: 18.3.2026