Fuente: © European Parliament
http://www.europarl.eu.int/

EU: EU criminal law to protect the environment

/noticias.info/ Criminal sanctions should be employed to punish all severe offences committed against environment to ensure EU legislation in this field is properly applied. If the directive is approved, illegal conducts seriously damaging environment would be considered as crimes in all Member States. The Parliament has reached a first-reading agreement with the Council on the proposed legislation.

MEPs, by adopting the report by Hartmut Nassauer (EPP-ED, DE), agreed on the principle that governments should apply criminal measures to punish any illegal behaviour likely to seriously injure people or damage air, soil, waters, plants and animals, when committed intentionally or with serious negligence.

During the debate in Strasbourg, the rapporteur strongly welcomed the proposed legislation. Commenting on the fact that, for the first time, the EP will approve a comprehensive piece of legislation implying the use of criminal law, he said: "we are setting a precedent". He then advocated the possibility that the use of criminal sanctions may be extended to other fields than protection of environment.

Criminal law applies in case of infringement of Community legislation

The overall aim of the approved report is to ensure that all Member States consider as criminal offences a series of conducts provoking damages to the environment. In other words, if in a EU country one of the crimes listed in the report is currently subjected only to civil sanctions (e.g. a fine), the entry into force of this legislation would oblige national government to apply "effective, proportionate and dissuasive" criminal penalties to that specific case.

The EP also agreed that the discussed directive would only apply to cases of infringement of the EU legislation on the protection of environment, according to the list annexed to the report.

Sanctions for trading of protected fauna and ozone-depleting substances

The approved text lists the emission of radiation into air, soil or water, the disposal of waste, the production, storage and transport of nuclear materials, among the offences that would be sanctioned by the criminal code, when likely to seriously injure people or the environment.

MEPs also backed the inclusion of the possession, killing or possession of protected fauna and flora species, the deterioration of a habitat within a protected site, and the manufacture and distribution of ozone-depleting substances.

Court's ruling of October 2007

The Parliament further amended the original Commission proposal to make the directive consistent with a decision of the European Court of Justice (ECJ) of October 2007.

According to the ECJ, the EU has competence to adopt criminal measures only when there's a "justifiable need", e.g. in the common transport and environment policies. Nevertheless, the Court ruled that the EU cannot specify the type and level of the criminal sanctions. Therefore, MEPs deleted the article of the Commission text providing the extension and duration of the proposed sanctions.
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