Recital 42

(42) This Directive should apply without prejudice to the general rules and principles of national criminal law on the sentencing or the execution of sentences in accordance with the specific circumstances in each individual case. It should be possible for Member Stats to determine the most appropriate types of accessory penalties or measures. In particular, where national law provides for the possibility to impose an obligation to restore the environment within a given period, provided that the damage is reversible, this Directive does not require that a judge or a court also be responsible for monitoring the execution of such obligation. Similarly, if the withdrawal of permits and authorisations to pursue activities that resulted in the relevant criminal offence can be imposed as a penalty under national law, Member States should ensure that judges or courts are able to either impose such a penalty themselves or that another competent authority is informed and can act in accordance with national procedural rules.

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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.