Recital 27

(27) With regard to the criminal offences defined in this Directive, the notion of ‘serious negligence’ should be interpreted in accordance with national law, taking into account relevant case law of the Court of Justice. This Directive does not require the introduction in national law of the notion of ‘serious negligence’ for each constituent element of the criminal offence, such as possession, sale or offering for sale, placing on the market and similar elements. In such cases, it is possible for Member States to decide that the notion of ‘serious negligence’ is relevant for elements of the criminal offence such as the protection status, ‘negligible quantity’, or the ‘likelihood’ of the conduct to cause substantial damage.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.