New environmental crimes and criminal enforcement crackdown
The decree implementing EU Directive 2024/1203 on the criminal protection of the environment has been published in the Official Journal. From the illicit use of pesticides, illegal water abstraction, poaching, and agri-food fraud, the penalty framework for agricultural businesses and hunting has changed. The publication of Legislative Decree No. 81 of April 21, 2026, in the Official Journal No. 113 of May 18, 2026, marks a watershed moment for Italian environmental and agri-food law. The measure, which implements Directive (EU) 2024/1203, goes beyond simply increasing penalties; it also rewrites the list of environmental crimes, directly and profoundly impacting the dynamics of the primary sector: agriculture and hunting. If we add to this the recent Law 75/2026 (published just a few days earlier, on May 14), which introduced new crimes against agri-food heritage into the Criminal Code, a very strict regulatory framework emerges, designed to protect biodiversity, public health, and Made in Italy products. Let's take a detailed look at the new offenses and the risks for operators.
Hunting activities and wildlife management
Legislative Decree 81/2026 also introduces harsh measures to protect wildlife. These changes tighten the legal framework surrounding hunting practices:
Habitat Destruction: The decree introduces a specific aggravating circumstance (with a penalty increased from one-third to two-thirds) if pollution or an illegal activity causes the destruction or deterioration of a habitat within a protected natural area, or one subject to landscape and environmental restrictions.
Introduction of invasive alien species: This is one of the most notable developments. The unauthorized spread, breeding, or introduction of invasive alien species, if it causes significant damage to local ecosystems and native biodiversity, is now a criminal offense.
The impact on agriculture: Pesticides, water, and fraud
Today, agricultural activities are under double scrutiny: on the one hand, the protection of environmental resources (soil and water), and on the other, the guarantee of the authenticity of the products that reach our tables.
Other elements to explore further
Illegal use and release of chemicals and pesticides: The crime related to the illegal use and trade of pesticides and dangerous chemicals becomes central. When released or used unlawfully, they cause significant degradation in the quality of soil, air, or groundwater.
Depletion of water resources: In an era marked by chronic drought, European and national legislators have severely restricted illegal abstraction. Illegal extraction of surface or groundwater that causes serious ecological damage to the state of water bodies is now the target of criminal investigations.
The new "Food Fraud": Thanks to Law 75/2026 (effective May 29, 2026), Article 517-sexies of the Criminal Code has been added to the criminal code, which severely punishes anyone who produces, processes, or sells food products that differ in origin, provenance, or quality. Extremely severe aggravating circumstances apply if the crime involves DOP, IGP, or falsely certified organic products (source: AB – Agrivenatoria Biodiversitalia).
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