Inhoudsopgave van deze pagina:
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COUNCIL OF THE EUROPEAN UNION
Brussels, 24 September 2007
LIMITE
DROIPEN 84
NOTE
from : to :
Presidency
Working Party on Substantive Criminal Law
Nos prev. docs : 11002/07 DROIPEN 61 ENV 349 SAN 139 CONSOM 87 CODEC 699 No. Cion prop. : 6297/07 DROIPEN 10 ENV 95 SAN 20 CONSOM 7 CODEC 113 +ADD1+ADD2 COM(2007) 51 final
Subject : Proposal for a Directive on the protection of the environment through criminal
law
List of EC legislation, infringement of which results to unlawful conduct pursuant to Article 2 a), to be attached to the Directive.
At its meeting on 24 July 2007, the Working Party on Substantive Criminal Law examined Article 2 and in particular its paragraphs a) and b) providing for definitions of "unlawful" and of "Community legislation" in the sense of the proposed Directive , on the basis of document 11002/07 DROIPEN 61 ENV 349 SAN 139 CONSOM 87 CODEC 699.
In the framework of the discussion of Article 2 b), the Working Party also examined the possibility to attach to the proposed Directive, for the sake of legal certainty, a list of the Community legislation, infringement of which would result in an "unlawful" conduct pursuant to Article 2 a).
13024/07
DG H 2B
IS/np 1
LIMITE EN
A large majority of delegations supported the addition of such a list, while at the same time underlining the difficulties related to the up-dating of it. Furthermore, delegations queried the legal status of such a list.
In this respect, it was indicated that the Annex, being a part of the Directive, would have the legal status of this instrument. For the up-dating of the Annex, the comitology procedure is possible but problematic in the framework of penal law.
Some delegations and the Commission representative lodged reservations with regard to the addition of the list.
Furthermore, some delegations wondered about the meaning of the phrase "aiming at the protection of the environment" and requested its deletion.
Bearing in mind the view of the majority of delegations to attach a list to the proposed Directive and the above mentioned difficulties as well as the necessity to guarantee legal certainty in the framework of penal law, the Presidency examined the various questions raised during the discussions and in particular the question of up-dating of this list.
According to the view of the Presidency, up-dating would mean either a modification of the existing legislation already included in the Annex or the adoption of a new legislation modifying the body or the Annex of the proposed Directive.
In this respect, the Presidency feels that in the first case, where the modification refers to an instrument already included in the Annex, no up-dating of the Annex is needed as any existing legislation is deemed to be included in the Annex in its most up-dated wording, in follow-up to any modification that the legislator would undertake in respect with this instrument.
13024/07 IS/np 2
DG H 2B LIMITE EN
In the second case, when the new legislation would include offences, already provided for in the proposed Environmental Crime Directive, the new instrument should include the reference that it will be added to the Annex under question. If the new legislation provides for offences not yet included in the proposed Environmental Crime Directive, then this would automatically imply a modification of the scope of the Environmental Crime Directive, along the lines of the normal legislative procedure.
Finally, the Presidency would like to stress that as it is usual, the Commission, on its initiative, will undertake codifications of the Annex under question, along the lines of the simplified procedure agreed by the institutions.
13024/07 IS/np 3
DG H 2B LIMITE EN
