Commission set to gain new powers over 'green crime' 

The European Court of Justice will shortly announce its decision to annul an agreement made by EU ministers over harmonised sanctions against environmental crime.

On 31 March 2003 a Council Decision to combat environmental crime was challenged by the Commission who claimed that the issue should be dealt with on a Community basis rather than by intergovernmental co-operation. 

In an opinion delivered last month, Damaso Ruiz-Jarabo Colomer, the ECJ's advocate general, declared that the framework decision adopted on 31 January 2003 should be annulled, as it falls under the EU's first pillar, making it a matter that justifies political input from the Commission and the Parliament. 

According to Ruiz-Jarabo Colomer, common definitions of environmental crimes and rules for determining penalties to fight them are first pillar issues. "The third pillar should only apply in the case of jail sentences for serious offenders or extradition rules," he said.

The full court is expected to reach a verdict within the next month, and is likely to agree with the opinion of the advocate general.