Article 9 — Mitigating circumstances

Member States shall take the necessary measures to ensure that, in relation to the relevant criminal offences referred to in Articles 3 and 4, one or more of the following circumstances can, in accordance with national law, be regarded as a mitigating circumstance: (a) the offender restores the environment to its previous condition, where such restoration is not an obligation under Directive 2004/35/EC, or, before the start of a criminal investigation, takes steps to minimise the impact and extent of the damage or remediates the damage; (b) the offender provides the administrative or judicial authorities with information which they would not otherwise have been able to obtain, helping them to: (i) identify or bring to justice other offenders; (ii) find evidence.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04