{
  "url": "https://openlegislation.uk/eu-directive-2008-99/article-6",
  "json_url": "https://openlegislation.uk/eu-directive-2008-99/article-6.json",
  "legislation": "eudr/2008/99",
  "legislation_title": "Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-directive-2008-99",
  "path": "article/6",
  "kind": "article",
  "number": "6",
  "heading": "Liability of legal persons",
  "text": "1. Member States shall ensure that legal persons can be held liable for offences referred to in Articles 3 and 4 where such offences have been committed for their benefit by any person who has a leading position within the legal person, acting either individually or as part of an organ of the legal person, based on:\n(a) a power of representation of the legal person;\n(b) an authority to take decisions on behalf of the legal person; or\n(c) an authority to exercise control within the legal person.\n2. Member States shall also ensure that legal persons can be held liable where the lack of supervision or control, by a person referred to in paragraph 1, has made possible the commission of an offence referred to in Articles 3 and 4 for the benefit of the legal person by a person under its authority.\n3. Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, inciters or accessories in the offences referred to in Articles 3 and 4.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2008/99/article/6",
    "retrieved_at": "2026-11-01T15:22:18.091856+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}