Environmental offences, the squeeze comes: aggravating circumstances increase. Imprisonment of up to 12 years for pollution

4. to the detriment of an ecosystem when pollution has lasting effects.

If the pollution of a habitat in a protected/confined area causes its destruction, the increase rises by one third to two thirds. Further increase if danger to life or limb ensues.

Article 452-bis.1 is introduced: it punishes anyone who unlawfully places on the market or puts into circulation a product the use of which, through discharge/emission/introduction of materials, substances, energy or ionising radiation, causes a significant and measurable impairment or deterioration of the air/water/soil/subsoil, or of the ecosystem, habitat, biodiversity (including agricultural biodiversity), flora or fauna.

The penalty is increased if the act results in danger to life/life or a significant danger to air, soil or water quality, or to the ecosystem/habitat/fauna/flora.

Here, too, the 'context' aggravating factors return (protected areas/constraints, protected species, significant ecosystems, lasting effects) and the increase of up to two thirds if a habitat in a protected/constrained area is destroyed.

Article 452-ter is updated: the reference no longer concerns only 452-bis, but also 452-bis.1. In the first paragraph of 452-ter, the decree replaces "nine" and "ten" with "eleven" and "twelve" and extends the reference also to 452-bis.1.

Under the new Article 452-sexiesdecies, the penalty is increased if a significant profit is derived from the offence or if the offence is committed by using or submitting false declarations or documents or by certifying untrue things. At the same time, the rule also defines the notion of 'abusively' (Article 452-quinquiesdecies), including violations of EU provisions and implementing acts, as well as cases of authorisations obtained fraudulently or through offences against the PA.

Ozone-depleting substances (EU Regulation 2024/590): Anyone who unlawfully produces, places on the market, imports, exports, uses or releases ozone-depleting substances (pure or mixtures) shall be punished by imprisonment of two to five years and a fine of 10,000 to 80,000 euro; same penalties for products/equipment containing or depending on them. If committed through gross negligence, penalties reduced by between one third and two thirds.

Fluorinated greenhouse gases (EU Regulation 2024/573): for production/import/export (including of products/equipment containing or relying on such gases) 6-12 months arrest or fine 10,000-150,000; for placing on the market/use/release two-six months arrest or fine 1,000-50,000.

In Legislative Decree 231/2001 (Article 25-undecies), the new 452-bis.1 enters among the offences. In paragraph 1, in a passage, "nine hundred" becomes "one thousand two hundred" quotas. For violations of Articles 4 and 5 (ozone and greenhouse gases), a fine of 400 to 800 quotas is foreseen for the entity. And for aggravated offences (452-bis and 452-bis.1, paragraphs 2 to 4; 452-quater, paragraph 3) and for the aggravating circumstance of significant profit (452-sexiesdecies, no. 1) the penalties increase by one third.

The Ministry of Justice will have to send data on final convictions, filings, individuals, ex 231 bodies and type/amount of penalties and sanctions to the EU Commission every year, with publication on the website every three years and updates. A National Coordination System at the General Prosecutor's Office in the Supreme Court (Pg Cassazione, Pg Appeals Courts, National Anti-Mafia Prosecutor's Office): guidelines within six months of entry into force and updates at least every two years.

Finally, the National Strategy: Parliament must draw it up by 21 May 2027 and update it every three years by 21 May, using a risk analysis approach.