Activites

• 2003/02/05 Final act published in Official Journal
• #2482
• 2003/01/27 Council Meeting
• 2003/01/27 End of procedure in Parliament
• 2003/01/27 Act adopted by Council after consultation of Parliament
• 2002/04/09 Decision by Parliament, 1st reading/single reading
  • T5-0151/2002 summary

    The European Parliament adopted a resolution on the framework decision regarding the protection of the environment through the criminal law, based on the report by Giuseppe DI LELLO FINUOLI (EUL/NGL, Italy). (Please refer to the document dated 19/03/02.) Parliament shared the views expressed by the Commission, when the latter asked the Council not to take any action on environmental criminal law before the adoption of the directive on the protection of the environment through criminal law. (Please see COD010076). It felt, nevertheless, that it should give its opinion on the framework decision so that the Council could take it into account.�

• 2002/04/08 Debate in Parliament
  • Debate in Parliament
• 2002/03/19 Committee report tabled for plenary, reconsultation
  • A5-0080/2002
• 2002/03/19 Vote in committee, 1st reading/single reading
• 2002/01/14 Formal reconsultation of Parliament
• 2001/12/20 Amended legislative proposal for reconsultation published
  • 15525/2001 summary

    By letter dated 11 February 2000, the Council consulted the European Parliament on the Danish initiative with a view to the adoption of a Council Framework Decision on the protection of the environment through criminal law. The Parliament gave its opinion on this proposal on 7 July 2000. In parallel, the Commission proposed a draft Directive of the European Parliament and of the Council aiming to penalise serious crimes against the environment (COD/2001/0076), proposal on which the Parliament has not yet given its opinion. The Council is examining in the meantime the Danish initiative and has made substantial amendments to the text which the European Parliament has already commented on. Consequently, it called on the Parliament to comment yet again on the text in the framework of reconsultation. The main amendments made by the Council mainly concern the legal base of this initiative. In fact, after the debate, it appeared that the Council considered this proposal, specified by the Commission in March 2001, and has come to the conclusion that the majority required for its adoption by the Council can not be obtained because that majority considered that the proposal went beyond the powers attributed to it by the Treaty establishing the European Community and that the objectives could be reached by adopting a Framework Decision on the basis of Title VI of the Treaty on European Union. Many Member States considered in particular that the Commission's proposal (please refer to COD/2001/0076) falls outside of the competences allocated to the Commission by the Treaty and that it is possible to reach the objectives by adopting a framework decision on the basis of Title VI of the Treaty. The Council also considered that the present Framework Decision, based on Article 34 TEU, is a correct instrument to impose on the Member States the obligation to provide for criminal sanctions. The revised draft Framework Decision has finally established a wide-ranging jurisdiction with respect to environmental offences in such a way as to avoid that physical or legal persons would escape prosecution by the simple fact that the offence was not committed in their territory. It should be noted that the Commission has not indicated that it is prepared to modify its proposal either by changing its legal base or splitting it into two legal instruments, one based on Article 175 TEC and another based on Article 34 TEU. �

• #X014
• 2001/03/15 Council Meeting
  • 2337 summary

    The Council reached a preliminary agreement concerning the objectives and, in principle, the substance of the Draft Framework Decision on the protection of the environment through criminal law and instructed the Council's relevant working groups to consider whether it would be necessary to complement the Framework Decision in the light of the Commission proposal on a draft directive on the protection of the environment through criminal law. The Council agreed in due course to reconsult the European Parliament on the basis of the agreement reached by the Council. The Council noted requests from Ministers that discussions in the Council on the appropriate choice of legal base (3rd or a combined 1st and 3rd Pillar instrument) to reach the objectives on this issue had not been finalised. �

• 2000/07/07 Debate in Parliament
  • Debate in Parliament
  • T5-0347/2000 summary

    The European Parliament adopted, under consultation procedure, the report drafted by Mr Giuseppe DI LELLO FINUOLI (GUE/NGL, I) on the initiative of the Kingdom of Denmark with a view to the adoption of a Council framework decision on combating serious environmental crime. The text calls for harmonisation of penalties across the EU and argues in favour of a system of heavier penalties than are currently enforced. The text also allows for the possiblity of bringing criminal proceedings against legal persons, as well as against natural persons. In relation to the decisons of the courts and, whenever possible, other bodies, they shall be publicly available in accordance with Article 9(4) of the Convention on access to information, public participation and access to justice in environmental matters, done at Aarhus, Denmark, on 25 June 1998.�

• 2000/06/21 Vote in committee, 1st reading/single reading
  • A5-0178/2000
• 2000/02/18 Committee referral announced in Parliament, 1st reading/single reading
• 2000/01/28 Legislative proposal published
  • 05343/2000 summary

    PURPOSE: To present measures to combat serious environmental crime. CONTENT : This is an initiative taken by Denmark in order to adopt a Council Framework Decision on environmental crime. 'Serious environmental crime' is defined as pollution of air, water, soil, or storage or disposal of waste, resulting in substantial damage to the environment or presenting an obvious risk of such damage. There must be aggravating circumstances present, a term which is also defined. The draft decision provides for the investigating and punishment of serious environmental crime. The main points are: - Member States must ensure that legal persons can be held liable. The offence must be punishable under criminal law. - It must be possible to seize and confiscate equipment and proceeds or assets of similar value in connection with the crime under national laws. - Member States must co-operate as extensively as possible in investigating and prosecuting the crime. This includes considering a limitation on the scope of any reservations they may have made to the 1959 European convention on Mutual Assistance in Criminal Matters. - Provisions for mutual assistance includes the provision that Member States shall, unsolicited, pass on to another Member State specific information on serious environmental crime where the supply of such information is appropriate for the conduct of an investigation or a prosecution. - Criminal proceedings must be capable of transfer to another Member State in accordance with international treaty. - Each Member State must designate one or more contact points for the collection and exchange of information on serious environmental crime. At least one contact point in each Member State has to be manned around the clock. - The Council's Secretariat is the 'keeper of the register', which contains special skills and know-how. Should Europol be assigned jurisdiction to deal with environmental crime, the responsibility will be transferred. Member States must supply information on special skills, expertise and know-how for the register.�

Documents

• Legislative proposal published: 05343/2000
• Committee report tabled for plenary, 1st reading/single reading: A5-0178/2000
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T5-0347/2000
• Debate in Council: 2337
• Amended legislative proposal for reconsultation published: 15525/2001
• Committee report tabled for plenary, reconsultation: A5-0080/2002
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T5-0151/2002

History

(these mark the time of scraping, not the official date of the change)