BETA


2003/0088(CNS) Ship-source pollution: judicial cooperation to repress offences, criminal-law framework. Framework Decision

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE DI LELLO FINUOLI Giuseppe (icon: GUE/NGL GUE/NGL)
Committee Opinion ENVI GROSSETÊTE Françoise (icon: PPE-DE PPE-DE)
Committee Opinion RETT PIECYK Willi (icon: PES PES)
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 029, EC Treaty (after Amsterdam) EC 031, EC Treaty (after Amsterdam) EC 034-p1

Events

2005/09/30
   Final act published in Official Journal
Details

PURPOSE: To strengthen the criminal-law framework for law enforcement purposes against ship-source pollution.

LEGISLATIVE ACT: Council Framework Decision 2005/667/JHA

CONTENT: This Council Framework Decision has been designed to introduce common penalties on all legal persons or entities responsible for ship-source pollution. It supplements Directive 2005/35/EC (Please refer to 2003/0037/COD).

For the purpose of this framework Decision, the definitions set out in Directive 2005/35 shall apply.

On the matter of Criminal Penalties, the Decision states that Member States must take all the necessary measures to ensure that infringements will be regarded as a criminal offence. Criminal penalties may be accompanied by other measures such as fines or disqualifications. They will not, however, apply to crew members where an infringement occurs in international navigation straits, exclusive economic zones or on the high seas.

Member States are expected to recognise aiding, abetting or inciting as a criminal offence.

On the matter of penalties, the Member States are expected to take all necessary measures to ensure that the punishments for offences are effective, proportionate and dissuasive. The kind of offences applying to the Framework Decision, typically refer to cases where widespread damage has occurred to water quality, to animal or vegetable species or to parts of them. Severer penalties are to be awarded in the case of death or serious injury of persons. The Decision then goes on to spell out the kind of penalties that may be imposed.

For intentionally committed offences a maximum of at least between five and ten years of imprisonment can be imposed in cases where the offence caused significant and widespread damage to water quality, to animal or vegetable species or to parts of them and the death or serious injury of persons.

In cases where an intentionally committed offence resulted in significant and widespread damage to water quality or animal or vegetable species or where an offences was committed within a criminal organisation, the offence can be punishable by a maximum of at least between two and five years of imprisonment.

In cases where an offence was the result of serious negligence the punishment can be a maximum of at least between two and five years of imprisonment in cases where the death or serious injury of a person is involved and between one and three years of imprisonment where this is not the case but there is significant damage to the environment.

In the case of custodial penalties, the provision will apply, without prejudice, to the United National Convention on the Law of the Sea.

A separate heading deals with the Liability of Legal Persons. Member States are expected to take the necessary measures to ensure that legal persons can be held liable for offences as well as any persons acting either individually or as part of an organ of the legal person, who may have a leading position within the legal person. A legal person can be held liable where a lack of supervision or control by a person can be proven. Penalties imposed on legal persons can include both criminal and non-criminal fines of a maximum of at least EUR 150 000 and EUR 300 000. In serious cases this could rise to between EUR 750 000 and EUR 1 500 000. Other penalties could consist of for example, being excluded from public benefits or a judicial winding-up order.

On the matter of Jurisdiction, the Framework Decisions specifies that Member States must take the necessary measures to establish their jurisdiction either fully or in part of their territory. In addition, they must establish jurisdiction in their exclusive economic zone, on board a ship flying their flag, if one of their nationals has committed the offence or if the place where it was committed does not fall under any territorial jurisdiction, if the benefit of a legal person has registered office in their territory, if the offence has been caused outside of its territory but is likely to cause pollution in its territory (or economic zone) or if the ship is within one of their ports or else at an offshore terminal and on the high seas.

Member States will be expected to try and co-ordinate their actions in cases where an offence is subject to the jurisdiction of one or more Member State. Co-ordinating factors to be taken into account will include, inter alia , the territory in which the offence was committed and the Member State from which the flag of the ship was flying when the offence was committed.

Member States are obliged to notify other Member States of an offence as well as setting up national contact points.

Lastly, the territorial scope of the Framework Decision matches that of Directive 2005/35.

DATE OF IMPLEMENTATION: 12/01/2007.

ENTRY INTO FORCE: 01/10/2005.

2005/07/12
   EP/CSL - Act adopted by Council after consultation of Parliament
2005/07/12
   EP - End of procedure in Parliament
2005/07/12
   CSL - Council Meeting
2004/12/21
   CSL - Debate in Council
Details

Subject to parliamentary scrutiny reservations by the Netherlands, the United Kingdom, Sweden, Denmark and Ireland and the examination of the Preamble at a later stage, the Council reached a general approach on the text of a Framework Decision to strengthen the criminal law framework for the enforcement of the law against ship-source pollution. This instrument is complementary to the draft Directive on ship-source pollution and on the introduction of sanctions for infringements.

Documents
2004/12/21
   CSL - Council Meeting
2004/11/19
   CSL - Debate in Council
Details

The Council debated the draft Framework Decision to strengthen the criminal law framework for the enforcement of the law against ship-source pollution.

The debate focused on discharges in the territorial sea of a Member State, its exclusive economic zone or equivalent zone. In case of such discharges, and in accordance with the Presidency compromise text, ships flying the flag of another Member State would not be considered as foreign ships within the meaning of Article 230 of the UN Convention on the Law of the Sea and therefore in such cases persons, held liable, could also be subject to custodial sentences.

Other issues discussed include the following : the relation between the Framework Decision and the MARPOL and UNCLOS and the possibility of introducing a ceiling for the maximum fines to be imposed to legal persons.

It should also be stated that the JHA Council of 25 and 26 October 2004 discussed the text of this Framework Decision and that the Presidency noted that three Member States could not agree to the proposed text.

Documents
2004/11/19
   CSL - Council Meeting
2004/10/25
   CSL - Debate in Council
Details

The Council discussed the text of the Framework Decision to strengthen the criminal law framework for the enforcement of the law against ship-source pollution, on the basis of a Presidency compromise text.

The debate in the Council focused mainly on the relation between the Framework Decision, MARPOL (Convention for the prevention of pollution from ships) and UNCLOS (UN Convention on the Law of the Sea), as well as on the possibility of introducing a ceiling for the maximum fines to be imposed on legal persons.

The Presidency, noting that three Member States could not agree to the text proposed by the Presidency, decided to forward the draft Framework Decision to the European Council. It should be noted that the fight against intentional or negligent ship-source pollution is among the European Union's priorities. The conclusions of the Copenhagen European Council of 12 and 13 December 2002 (points 32 to 34) and the statement of the JHA Council of 19 December 2002 following the shipwreck of the tanker Prestige, in particular, express the Union's determination to adopt all the measures needed to avoid recurrences of such damage.

To this end, the Council adopted a Common Position on a draft Directive on ship-source pollution and the introduction of sanctions for infringements. The main principle of the draft Directive is that all discharges of polluting substances are considered infringements if they are committed with intent, recklessly or through serious negligence. It allows Member States to take the necessary measures to ensure that these violations are subject to effective, proportionate and dissuasive sanctions which may include criminal or administrative sanctions.

With a view to supplementing these provisions, there should be an approximation of, among other things, the level of penalties corresponding to the seriousness of offences in relation to the natural or legal persons who commit them or are liable for them.

Documents
2004/10/25
   CSL - Council Meeting
2004/01/13
   EP - Text adopted by Parliament, 1st reading/single reading
2004/01/13
   EP - Decision by Parliament, 1st reading/single reading
Documents
2004/01/12
   EP - Debate in Parliament
2003/11/04
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2003/11/04
   EP - Vote in committee, 1st reading/single reading
2003/11/04
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2003/10/06
   EP - Committee draft report
Documents
2003/06/16
   EP - GROSSETÊTE Françoise (PPE-DE) appointed as rapporteur in ENVI
2003/06/02
   EP - Committee referral announced in Parliament, 1st reading/single reading
2003/05/21
   EP - PIECYK Willi (PES) appointed as rapporteur in RETT
2003/05/19
   EP - DI LELLO FINUOLI Giuseppe (GUE/NGL) appointed as rapporteur in LIBE
2003/05/02
   EC - Legislative proposal published

Documents

  • Debate in Council: 2633
  • Debate in Council: 2618
  • Debate in Council: 2613
  • Text adopted by Parliament, 1st reading/single reading: T5-0008/2004
  • Text adopted by Parliament, 1st reading/single reading: OJ C 092 16.04.2004, p. 0019-0076 E
  • Decision by Parliament, 1st reading/single reading: T5-0008/2004
  • Debate in Parliament: Debate in Parliament
  • Committee report tabled for plenary, 1st reading/single reading: A5-0373/2003
  • Committee report tabled for plenary, 1st reading/single reading: A5-0373/2003
  • Committee draft report: PE329.922
  • Legislative proposal published: COM(2003)0227
  • Legislative proposal published: EUR-Lex
  • Committee draft report: PE329.922
  • Committee report tabled for plenary, 1st reading/single reading: A5-0373/2003
  • Text adopted by Parliament, 1st reading/single reading: T5-0008/2004 OJ C 092 16.04.2004, p. 0019-0076 E

History

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

committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Citizens' Freedoms and Rights, Justice and Home Affairs
committee
LIBE
rapporteur
name: DI LELLO FINUOLI Giuseppe date: 2003-05-19T00:00:00 group: European United Left - Nordic Green Left abbr: GUE/NGL
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Citizens' Freedoms and Rights, Justice and Home Affairs
committee
LIBE
date
2003-05-19T00:00:00
rapporteur
name: DI LELLO FINUOLI Giuseppe group: European United Left - Nordic Green Left abbr: GUE/NGL
committees/1
type
Committee Opinion
body
EP
associated
False
committee_full
Environment, Public Health, Consumer Policy
committee
ENVI
rapporteur
name: GROSSETÊTE Françoise date: 2003-06-16T00:00:00 group: European People's Party (Christian Democrats) and European Democrats abbr: PPE-DE
committees/1
type
Committee Opinion
body
EP
associated
False
committee_full
Environment, Public Health, Consumer Policy
committee
ENVI
date
2003-06-16T00:00:00
rapporteur
name: GROSSETÊTE Françoise group: European People's Party (Christian Democrats) and European Democrats abbr: PPE-DE
committees/2
type
Committee Opinion
body
EP
associated
False
committee_full
Regional Policy, Transport and Tourism
committee
RETT
rapporteur
name: PIECYK Willi date: 2003-05-21T00:00:00 group: Party of European Socialists abbr: PES
committees/2
type
Committee Opinion
body
EP
associated
False
committee_full
Regional Policy, Transport and Tourism
committee
RETT
date
2003-05-21T00:00:00
rapporteur
name: PIECYK Willi group: Party of European Socialists abbr: PES
docs/1/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2003-373&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-5-2003-0373_EN.html
docs/2/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2004-8
New
http://www.europarl.europa.eu/doceo/document/TA-5-2004-0008_EN.html
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2003-373&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-5-2003-0373_EN.html
events/5/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2004-8
New
http://www.europarl.europa.eu/doceo/document/TA-5-2004-0008_EN.html
procedure/final/url
Old
https://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2005:255:SOM:EN:HTML
New
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2005:255:TOC
activities
  • date: 2003-05-02T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2003/0227/COM_COM(2003)0227_EN.pdf title: COM(2003)0227 type: Legislative proposal published celexid: CELEX:52003PC0227:EN body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice type: Legislative proposal published
  • date: 2003-06-02T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: ENVI date: 2003-06-16T00:00:00 committee_full: Environment, Public Health, Consumer Policy rapporteur: group: PPE-DE name: GROSSETÊTE Françoise body: EP responsible: True committee: LIBE date: 2003-05-19T00:00:00 committee_full: Citizens' Freedoms and Rights, Justice and Home Affairs rapporteur: group: GUE/NGL name: DI LELLO FINUOLI Giuseppe body: EP responsible: False committee: RETT date: 2003-05-21T00:00:00 committee_full: Regional Policy, Transport and Tourism rapporteur: group: PSE name: PIECYK Willi
  • body: EP committees: body: EP responsible: False committee: ENVI date: 2003-06-16T00:00:00 committee_full: Environment, Public Health, Consumer Policy rapporteur: group: PPE-DE name: GROSSETÊTE Françoise body: EP responsible: True committee: LIBE date: 2003-05-19T00:00:00 committee_full: Citizens' Freedoms and Rights, Justice and Home Affairs rapporteur: group: GUE/NGL name: DI LELLO FINUOLI Giuseppe body: EP responsible: False committee: RETT date: 2003-05-21T00:00:00 committee_full: Regional Policy, Transport and Tourism rapporteur: group: PSE name: PIECYK Willi docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2003-373&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A5-0373/2003 date: 2003-11-04T00:00:00 type: Vote in committee, 1st reading/single reading
  • date: 2004-01-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20040112&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2004-01-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2004-8 type: Decision by Parliament, 1st reading/single reading title: T5-0008/2004 body: EP type: Decision by Parliament, 1st reading/single reading
  • body: CSL meeting_id: Prés docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2613*&MEET_DATE=25/10/2004 type: Debate in Council title: 2613 council: Justice and Home Affairs (JHA) date: 2004-10-25T00:00:00 type: Council Meeting
  • body: CSL meeting_id: 2618 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2618*&MEET_DATE=19/11/2004 type: Debate in Council title: 2618 council: Justice and Home Affairs (JHA) date: 2004-11-19T00:00:00 type: Council Meeting
  • body: CSL meeting_id: 2633 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2633*&MEET_DATE=21/12/2004 type: Debate in Council title: 2633 council: Agriculture and Fisheries date: 2004-12-21T00:00:00 type: Council Meeting
  • date: 2005-07-12T00:00:00 body: CSL type: Council Meeting council: Economic and Financial Affairs ECOFIN meeting_id: 2672
  • date: 2005-07-12T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2005-07-12T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2005-09-30T00:00:00 type: Final act published in Official Journal
commission
  • body: EC dg: Justice and Consumers commissioner: --
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Citizens' Freedoms and Rights, Justice and Home Affairs
committee
LIBE
date
2003-05-19T00:00:00
rapporteur
name: DI LELLO FINUOLI Giuseppe group: European United Left - Nordic Green Left abbr: GUE/NGL
committees/0
body
EP
responsible
False
committee
ENVI
date
2003-06-16T00:00:00
committee_full
Environment, Public Health, Consumer Policy
rapporteur
group: PPE-DE name: GROSSETÊTE Françoise
committees/1
type
Committee Opinion
body
EP
associated
False
committee_full
Environment, Public Health, Consumer Policy
committee
ENVI
date
2003-06-16T00:00:00
rapporteur
name: GROSSETÊTE Françoise group: European People's Party (Christian Democrats) and European Democrats abbr: PPE-DE
committees/1
body
EP
responsible
True
committee
LIBE
date
2003-05-19T00:00:00
committee_full
Citizens' Freedoms and Rights, Justice and Home Affairs
rapporteur
group: GUE/NGL name: DI LELLO FINUOLI Giuseppe
committees/2
type
Committee Opinion
body
EP
associated
False
committee_full
Regional Policy, Transport and Tourism
committee
RETT
date
2003-05-21T00:00:00
rapporteur
name: PIECYK Willi group: Party of European Socialists abbr: PES
committees/2
body
EP
responsible
False
committee
RETT
date
2003-05-21T00:00:00
committee_full
Regional Policy, Transport and Tourism
rapporteur
group: PSE name: PIECYK Willi
council
  • body: CSL type: Council Meeting council: Economic and Financial Affairs ECOFIN meeting_id: 2672 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2672*&MEET_DATE=12/07/2005 date: 2005-07-12T00:00:00
  • body: CSL type: Council Meeting council: Agriculture and Fisheries meeting_id: 2633 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2633*&MEET_DATE=21/12/2004 date: 2004-12-21T00:00:00
  • body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 2618 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2618*&MEET_DATE=19/11/2004 date: 2004-11-19T00:00:00
  • body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 2613 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2613*&MEET_DATE=25/10/2004 date: 2004-10-25T00:00:00
docs
  • date: 2003-10-06T00:00:00 docs: title: PE329.922 type: Committee draft report body: EP
  • date: 2003-11-04T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2003-373&language=EN title: A5-0373/2003 type: Committee report tabled for plenary, 1st reading/single reading body: EP
  • date: 2004-01-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2004-8 title: T5-0008/2004 title: OJ C 092 16.04.2004, p. 0019-0076 E summary: type: Text adopted by Parliament, 1st reading/single reading body: EP
events
  • date: 2003-05-02T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2003/0227/COM_COM(2003)0227_EN.pdf title: COM(2003)0227 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2003&nu_doc=227 title: EUR-Lex summary:
  • date: 2003-06-02T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2003-11-04T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary:
  • date: 2003-11-04T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2003-373&language=EN title: A5-0373/2003
  • date: 2004-01-12T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20040112&type=CRE title: Debate in Parliament
  • date: 2004-01-13T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2004-8 title: T5-0008/2004 summary:
  • date: 2004-10-25T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2613*&MEET_DATE=25/10/2004 title: 2613 summary: The Council discussed the text of the Framework Decision to strengthen the criminal law framework for the enforcement of the law against ship-source pollution, on the basis of a Presidency compromise text. The debate in the Council focused mainly on the relation between the Framework Decision, MARPOL (Convention for the prevention of pollution from ships) and UNCLOS (UN Convention on the Law of the Sea), as well as on the possibility of introducing a ceiling for the maximum fines to be imposed on legal persons. The Presidency, noting that three Member States could not agree to the text proposed by the Presidency, decided to forward the draft Framework Decision to the European Council. It should be noted that the fight against intentional or negligent ship-source pollution is among the European Union's priorities. The conclusions of the Copenhagen European Council of 12 and 13 December 2002 (points 32 to 34) and the statement of the JHA Council of 19 December 2002 following the shipwreck of the tanker Prestige, in particular, express the Union's determination to adopt all the measures needed to avoid recurrences of such damage. To this end, the Council adopted a Common Position on a draft Directive on ship-source pollution and the introduction of sanctions for infringements. The main principle of the draft Directive is that all discharges of polluting substances are considered infringements if they are committed with intent, recklessly or through serious negligence. It allows Member States to take the necessary measures to ensure that these violations are subject to effective, proportionate and dissuasive sanctions which may include criminal or administrative sanctions. With a view to supplementing these provisions, there should be an approximation of, among other things, the level of penalties corresponding to the seriousness of offences in relation to the natural or legal persons who commit them or are liable for them.
  • date: 2004-11-19T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2618*&MEET_DATE=19/11/2004 title: 2618 summary: The Council debated the draft Framework Decision to strengthen the criminal law framework for the enforcement of the law against ship-source pollution. The debate focused on discharges in the territorial sea of a Member State, its exclusive economic zone or equivalent zone. In case of such discharges, and in accordance with the Presidency compromise text, ships flying the flag of another Member State would not be considered as foreign ships within the meaning of Article 230 of the UN Convention on the Law of the Sea and therefore in such cases persons, held liable, could also be subject to custodial sentences. Other issues discussed include the following : the relation between the Framework Decision and the MARPOL and UNCLOS and the possibility of introducing a ceiling for the maximum fines to be imposed to legal persons. It should also be stated that the JHA Council of 25 and 26 October 2004 discussed the text of this Framework Decision and that the Presidency noted that three Member States could not agree to the proposed text.
  • date: 2004-12-21T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2633*&MEET_DATE=21/12/2004 title: 2633 summary: Subject to parliamentary scrutiny reservations by the Netherlands, the United Kingdom, Sweden, Denmark and Ireland and the examination of the Preamble at a later stage, the Council reached a general approach on the text of a Framework Decision to strengthen the criminal law framework for the enforcement of the law against ship-source pollution. This instrument is complementary to the draft Directive on ship-source pollution and on the introduction of sanctions for infringements.
  • date: 2005-07-12T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2005-07-12T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2005-09-30T00:00:00 type: Final act published in Official Journal summary: PURPOSE: To strengthen the criminal-law framework for law enforcement purposes against ship-source pollution. LEGISLATIVE ACT: Council Framework Decision 2005/667/JHA CONTENT: This Council Framework Decision has been designed to introduce common penalties on all legal persons or entities responsible for ship-source pollution. It supplements Directive 2005/35/EC (Please refer to 2003/0037/COD). For the purpose of this framework Decision, the definitions set out in Directive 2005/35 shall apply. On the matter of Criminal Penalties, the Decision states that Member States must take all the necessary measures to ensure that infringements will be regarded as a criminal offence. Criminal penalties may be accompanied by other measures such as fines or disqualifications. They will not, however, apply to crew members where an infringement occurs in international navigation straits, exclusive economic zones or on the high seas. Member States are expected to recognise aiding, abetting or inciting as a criminal offence. On the matter of penalties, the Member States are expected to take all necessary measures to ensure that the punishments for offences are effective, proportionate and dissuasive. The kind of offences applying to the Framework Decision, typically refer to cases where widespread damage has occurred to water quality, to animal or vegetable species or to parts of them. Severer penalties are to be awarded in the case of death or serious injury of persons. The Decision then goes on to spell out the kind of penalties that may be imposed. For intentionally committed offences a maximum of at least between five and ten years of imprisonment can be imposed in cases where the offence caused significant and widespread damage to water quality, to animal or vegetable species or to parts of them and the death or serious injury of persons. In cases where an intentionally committed offence resulted in significant and widespread damage to water quality or animal or vegetable species or where an offences was committed within a criminal organisation, the offence can be punishable by a maximum of at least between two and five years of imprisonment. In cases where an offence was the result of serious negligence the punishment can be a maximum of at least between two and five years of imprisonment in cases where the death or serious injury of a person is involved and between one and three years of imprisonment where this is not the case but there is significant damage to the environment. In the case of custodial penalties, the provision will apply, without prejudice, to the United National Convention on the Law of the Sea. A separate heading deals with the Liability of Legal Persons. Member States are expected to take the necessary measures to ensure that legal persons can be held liable for offences as well as any persons acting either individually or as part of an organ of the legal person, who may have a leading position within the legal person. A legal person can be held liable where a lack of supervision or control by a person can be proven. Penalties imposed on legal persons can include both criminal and non-criminal fines of a maximum of at least EUR 150 000 and EUR 300 000. In serious cases this could rise to between EUR 750 000 and EUR 1 500 000. Other penalties could consist of for example, being excluded from public benefits or a judicial winding-up order. On the matter of Jurisdiction, the Framework Decisions specifies that Member States must take the necessary measures to establish their jurisdiction either fully or in part of their territory. In addition, they must establish jurisdiction in their exclusive economic zone, on board a ship flying their flag, if one of their nationals has committed the offence or if the place where it was committed does not fall under any territorial jurisdiction, if the benefit of a legal person has registered office in their territory, if the offence has been caused outside of its territory but is likely to cause pollution in its territory (or economic zone) or if the ship is within one of their ports or else at an offshore terminal and on the high seas. Member States will be expected to try and co-ordinate their actions in cases where an offence is subject to the jurisdiction of one or more Member State. Co-ordinating factors to be taken into account will include, inter alia , the territory in which the offence was committed and the Member State from which the flag of the ship was flying when the offence was committed. Member States are obliged to notify other Member States of an offence as well as setting up national contact points. Lastly, the territorial scope of the Framework Decision matches that of Directive 2005/35. DATE OF IMPLEMENTATION: 12/01/2007. ENTRY INTO FORCE: 01/10/2005.
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice
procedure/dossier_of_the_committee
Old
LIBE/5/19501
New
  • LIBE/5/19501
procedure/final/title
Old
OJ L 255 30.09.2005, p. 0164-0167
New
OJ L 255 30.09.2005, p. 0164-0167
procedure/final/url
Old
http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2005:255:SOM:EN:HTML
New
https://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2005:255:SOM:EN:HTML
procedure/subject
Old
  • 3.70.05 Marine and coastal pollution, pollution from ships, oil pollution
  • 3.70.16 Law and environment, liability
  • 7.40.04 Judicial cooperation in criminal matters
New
3.70.05
Marine and coastal pollution, pollution from ships, oil pollution
3.70.16
Law and environment, liability
7.40.04
Judicial cooperation in criminal matters
activities
  • date: 2003-05-02T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2003/0227/COM_COM(2003)0227_EN.pdf title: COM(2003)0227 type: Legislative proposal published celexid: CELEX:52003PC0227:EN body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice type: Legislative proposal published
  • date: 2003-06-02T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: ENVI date: 2003-06-16T00:00:00 committee_full: Environment, Public Health, Consumer Policy rapporteur: group: PPE-DE name: GROSSETÊTE Françoise body: EP responsible: True committee: LIBE date: 2003-05-19T00:00:00 committee_full: Citizens' Freedoms and Rights, Justice and Home Affairs rapporteur: group: GUE/NGL name: DI LELLO FINUOLI Giuseppe body: EP responsible: False committee: RETT date: 2003-05-21T00:00:00 committee_full: Regional Policy, Transport and Tourism rapporteur: group: PSE name: PIECYK Willi
  • body: EP committees: body: EP responsible: False committee: ENVI date: 2003-06-16T00:00:00 committee_full: Environment, Public Health, Consumer Policy rapporteur: group: PPE-DE name: GROSSETÊTE Françoise body: EP responsible: True committee: LIBE date: 2003-05-19T00:00:00 committee_full: Citizens' Freedoms and Rights, Justice and Home Affairs rapporteur: group: GUE/NGL name: DI LELLO FINUOLI Giuseppe body: EP responsible: False committee: RETT date: 2003-05-21T00:00:00 committee_full: Regional Policy, Transport and Tourism rapporteur: group: PSE name: PIECYK Willi docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2003-373&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A5-0373/2003 date: 2003-11-04T00:00:00 type: Vote in committee, 1st reading/single reading
  • date: 2004-01-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20040112&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2004-01-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2004-8 type: Decision by Parliament, 1st reading/single reading title: T5-0008/2004 body: EP type: Decision by Parliament, 1st reading/single reading
  • body: CSL meeting_id: Prés docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2613*&MEET_DATE=25/10/2004 type: Debate in Council title: 2613 council: Justice and Home Affairs (JHA) date: 2004-10-25T00:00:00 type: Council Meeting
  • body: CSL meeting_id: 2618 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2618*&MEET_DATE=19/11/2004 type: Debate in Council title: 2618 council: Justice and Home Affairs (JHA) date: 2004-11-19T00:00:00 type: Council Meeting
  • body: CSL meeting_id: 2633 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2633*&MEET_DATE=21/12/2004 type: Debate in Council title: 2633 council: Agriculture and Fisheries date: 2004-12-21T00:00:00 type: Council Meeting
  • date: 2005-07-12T00:00:00 body: CSL type: Council Meeting council: Economic and Financial Affairs ECOFIN meeting_id: 2672
  • date: 2005-07-12T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2005-07-12T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2005-09-30T00:00:00 type: Final act published in Official Journal
committees
  • body: EP responsible: False committee: ENVI date: 2003-06-16T00:00:00 committee_full: Environment, Public Health, Consumer Policy rapporteur: group: PPE-DE name: GROSSETÊTE Françoise
  • body: EP responsible: True committee: LIBE date: 2003-05-19T00:00:00 committee_full: Citizens' Freedoms and Rights, Justice and Home Affairs rapporteur: group: GUE/NGL name: DI LELLO FINUOLI Giuseppe
  • body: EP responsible: False committee: RETT date: 2003-05-21T00:00:00 committee_full: Regional Policy, Transport and Tourism rapporteur: group: PSE name: PIECYK Willi
links
European Commission
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice
procedure
dossier_of_the_committee
LIBE/5/19501
reference
2003/0088(CNS)
subtype
Legislation
legal_basis
stage_reached
Procedure completed
instrument
Decision
title
Ship-source pollution: judicial cooperation to repress offences, criminal-law framework. Framework Decision
type
CNS - Consultation procedure
final
subject