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"European Community: Proposed Directive on the Protection of the Environment through Criminal Law, 2001 and 2002" [2005] ELECD 270; in Tully, Stephen (ed), "International Documents on Corporate Responsibility" (Edward Elgar Publishing, 2005)

Book Title: International Documents on Corporate Responsibility

Editor(s): Tully, Stephen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781843768197

Section: Chapter 47

Section Title: European Community: Proposed Directive on the Protection of the Environment through Criminal Law, 2001 and 2002

Number of pages: 2

Extract:

47. European Community: Proposed Directive on
the Protection of the Environment through
Criminal Law, 2001 and 2002

Commentary: For the purpose of criminalising acts causing or likely to cause
environmental damage, the Council of Europe in 1998 concluded the European
Convention on the Protection of the Environment through Criminal Law (ETS No
172 (1998), not yet in force). No Member State signed it. In 2000, Denmark
extracted its main elements and proposed a Council Framework Decision based
upon the so-called third pillar of the EU Treaty (intergovernmental cooperation):
Council Framework Decision 2003/80/JHA and OJEC L29/55 (2003). In 2001, the
Commission proposed a Directive based upon the first pillar (EC law): EC
Proposal for a Directive on the protection of the environment through criminal
law COM(2001)139 and COM(2002)544FINAL as amended. In addition to the
provisions extracted below, Article 5 contemplates governments reporting on
implementation every three years. The Annex identifies EC provisions concerning
environmental protection. In 2003, the Commission commenced proceedings
(still ongoing) against the Council before the European Court of Justice alleging
that it had breached the division of powers under the EU Treaty: Case C176/03
OJEC C135/21 (2003). See also, `Criminal Penalties in EU Member States'
Environmental Law', Study 1 (2002) and Study 2 (2003); europa.eu.int/comm/
environment/crime.



Article 1 ­ Purpose
The purpose of this Directive is to ensure a more effective application of Community law on
the protection of the environment by establishing throughout the ...