Proposal for a Council Regulation setting-up a Community regime for the control of exports of dual-use items and technology|Proposal for a Directive of the European Parliament and of the Council, amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements

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Tekst

COUNCIL OF THE EUROPEAN UNION

Brussels, 23 April 2008

8564/08

Interinstitutional File: 2007/0022 (COD)

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DROIPEN 37 MAR 58 ENV 237 COMER 74 PESC 448 CONOP 14 ECO 47 UD 62 ATO 30 CODEC 495

OUTCOME OF PROCEEDINGS

of :

on :

Working Party on Substantive Criminal Law 10/11 April 2008

No. prev. doc.: 8090/08 DROIPEN 34 ENV 196 CODEC 427

No. Cion prop.: 16989/06 COMER 234 PESC 1331 CONOP 82 ECO 205 UD 134

ATO 177+ADD 1+ADD 2+ ADD 3

7616/08 DROIPEN 27 MAR 42 ENV 166

Subject:

  • 1. 
    Proposal for a Council Regulation setting-up a Community regime for the control of exports of dual-use items and technology.
  • - 
    Opinion of DROIPEN.
  • 2. 
    Proposal for a Directive of the European Parliament and of the Council, amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements.

I. INTRODUCTION

The Working Party on Substantive Criminal Law met on 10/11 April 2008 to continue examination of the request of the Working Party on dual-use goods for a re-consultation of the Working Party in view of issuing an opinion, on the new drafting of Article 15 (2) of the Proposal for a Council Regulation amending and up-dating Regulation (EC) no 1334/2000 setting-up a Community regime for the control of exports of dual-use items and technology.

8564/08

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Furthermore, the Working Party started the examination of the Articles of the Proposal for a Directive of the European Parliament and of the Council, amending Directive 2005/35/EC on ship source pollution and on the introduction of penalties for infringements.

II. PROPOSAL FOR A COUNCIL REGULATION SETTING -UP A

COMMUNITY REGIME FOR THE CONTROL OF EXPORTS OF DUAL-USE ITEMS AND TECHNOLOGY

The Working Party based its discussions on document 6986 /08 COMER 44 PESC 264 CONOP 6 ECO 32 UD 34 ATO 16 and on a Working paper submitted by the Commission, including some modifications of the text of Article 15 of the above mentioned Regulation.

From the discussions it arose that the Working Party should pronounce itself only on Article 15 (2) (b) which was deemed to be a provision with a criminal law relevance. Article 15 (2) (a) and (c), in follow-up to the explanations given by the Commission on the aim of these provisions, were considered as provisions with a customs -legislation relevance and therefore excluded from the examination by DROIPEN. With regard to Article 15 (2) (b), the Working Party was of the view that it should be deleted from the scope of Article 15, bearing in mind that this provision deals with data protection which is regulated by other relevant legal instruments in force.

III. PROPOSAL FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, AMENDING DIRECTIVE 2005/35/EC ON SHIP-SOURCE POLLUTION AND ON THE INTRODUCTION OF PENALTIES FOR INFRINGEMENTS

The Working Party proceeded to the examination of Article 1 (1), (2) and (3) of the above mentioned proposal on the basis of the document 7616/08 DROIPEN 27 MAR 42 ENV 166. EL, LT, CY, BE, NL, DE, CZ, PL, SE, ES and DK lodged general scrutiny reservations, in particular with regard to the issue of jurisdiction and the competence of Community criminal law legislator to adopt such rules. UK, FR and PL entered Parliamentary scrutiny reservations.

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Delegations raised the issue of the relation between the new Article 4 and the existing Article 3 of Directive 2005/35/EC of the European Parliament and of the Council, whose drafting could create issues of jurisdictional competence which does not fall into the Community criminal law competence. Furthermore, it was underlined that Directive 2005/35/EC, providing also for administrative measures, had a broader scope than the one of the proposed Directive, which provides only for criminal penalties. In this respect, while Member States acknowledged the necessity to address the situation of vacatio legis which arose after the annulment of the Framework Decision to strengthen the criminal law framework for the enforcement of the law against ship-source pollution, they queried the way that the European Commission proceeded to this exercise by tabling the proposed Directive.

Finally, Some Member States proposed to postpone discussions on the proposed instrument until the Court's Ruling in case C-308/06 is issued. The issue to be examined with regard to this case is whether provisions of Directive 2005/35/EC of the European Parliament and of the Council are compatible with higher-ranking law and in particular with the provisions of the Convention on the Law of the Sea and MARPOL 73/78.

The Working Party rejected this proposal and was of the view that the examination of the proposed Directive should continue, bearing also in mind that the said Ruling is expected to be issued in the near future.

IV. CONCLUSION

The Working Party convened to submit to Article 36 Committee for information, its opinion on the Article 15 (2)(b) of the dual-use instrument and to continue discussions on the Articles of the proposed Directive, amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements. The next meeting of the Working Part will take place on 6/7 May 2008.

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