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23 November 2008
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Commission takes Council to Court over green crime 

Published: Tuesday 1 April 2003   

The Commission decided on 31 March to ask the European Court of Justice to annul the Framework Decision on environmental crime, adopted by the Council in January 2003.

Background:


In January 2003, the Council adopted a Framework Decision on the protection of the environment through criminal law based on the proposal tabled by the Danish Presidency. The Decision foresees that each Member State should introduce the notion of environmental crime into its national law, i.e certain conducts damaging the environment should be defined as criminal when committed intentionally or as a result of negligence. A similar measure had been proposed by the European Commission in 2001, but on another legal basis (article 175 of the Treaty). For more on this conflict between the institutions, seeEurActiv 31 January 2003.

 

Other related news:


The Commission contests the legal basis on which the Council took its decision. The Commission considers article 175 (the main environmental article) as the correct legal basis, instead of basing the legislation on the "third pillar" and therefore excluding the Commission and the Parliament from the decision.

Another point of criticism is that the Council's Framework Decision could produce distortions in the way environmental laws are implemented in the Member States.

 

Positions:

Mrs Oomen-Ruijten (EPP-ED, NL), Parliament's rapporteur, welcomed the Commission's decision to take the Council to Court. Her report, adopted on 9 April 2002 by the European Parliament, stated that criminal law is not solely a "third pillar" issue and that the EU should act on environmental crime in a harmonised way.

 

Next steps:

  • The European Parliament has three months to decide whether to join the Commission's action.
  • The Framework Decision is due enter into force in January 2005.

 

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