Considerations on COM(2023)419 - Authorisation of the European Commission to participate, on behalf of the EU, in negotiations on a Council of Europe Convention superseding and replacing the 1998 Convention on the Protection of the Environment through Criminal Law (ETS No. 172), as well as a draft Explanatory Report thereto

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dossier COM(2023)419 - Authorisation of the European Commission to participate, on behalf of the EU, in negotiations on a Council of Europe ...
document COM(2023)419
date July  7, 2023
 
(1) On 23 November 2022, the Committee of Ministers of the Council of Europe has mandated the Committee of experts for the protection of the environment through Criminal law to draft a new Convention superseding and replacing the 1998 Convention on the protection of the evironment through criminal law (ETS No. 172) by 30 June 2024.

(2) The envisaged Convention is likely to provide for common rules on purpose and scope, terminology and definitions, substantial criminal law offences, persons liable and sanctions, procedural rights and cooperation, preventive measures and civil society participation. The content and scope of the envisioned Convention fall in an area covered to a large extent by Union law23, which thus risks being affected or altered in scope by the new Convention, according to Article 3 (2) TFEU.

(3) The Union should therefore participate in the negotiations for a new Council of Europe’s Convention on the protection of the environment through criminal law.