EU Council Takes Framework Decision on the Protection of the Environment Through Criminal Law

On January 27, 2003, the European Council adopted a Framework Decision providing for the protection of the environment through criminal law. The preface to the framework decision explains that the Council acted with regard to Article 29, Article 31 (e) and Article 34(2)(b) of the Treaty on European Union. In March 2001, the European Commission submitted proposal for a Directive of the European Parliament and the Council concerning the protection of the environment by criminal law, based on Article 175(1) of the Treaty establishing the European Community. The Council decided to incorporate into the present Framework decision some substantive provisions contained in the proposed Directive, especially those defining the conduct that EU Members must establish as criminal offenses under their domestic law. On April 9, 2002, the European Parliament expressed its opinion on the proposed Directive. In October 2002, the European Commission submitted an amended proposal for a Directive pursuant to Article 250(2) of the Treaty establishing the European Community. The Council did not believe it appropriate to modify the present Framework Decision on the basis. The Council has considered the Commission’s proposal but has decided that the majority required for its adoption by the Council cannot be obtained. The majority believed the proposal exceeded the powers attributed to the Community by the Treaty establishing the European Community and that the goals could be reached by adopting a framework Decision on the basis of Title VI of the Treaty on European Union. The Council also determined that the present Framework Decision, based on Article 34 of the Treaty on European Union, is a correct instrument to impose on the EU Members the obligation to provide for criminal for criminal sanctions. The Council took into account the Convention adopted by the Council of European on November 4, 1998 on the protection of the environment through criminal law.