Framework decision 2003/80 - Protection of the environment through criminal law - Main contents

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Council Framework Decision 2003/80/JHA of 27 January 2003 on the protection of the environment through criminal law

Official Journal L 029 , 05/02/2003 P. 0055 - 0058

Council Framework Decision 2003/80/JHA

of 27 January 2003

on the protection of the environment through criminal law

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29, Article 31(e) and Article 34(2)(b) thereof,

Having regard to the initiative of the Kingdom of Denmark(1),

Having regard to the opinions of the European Parliament(2),

Whereas:

• (1) 

  The Union is concerned at the rise in environmental offences and their effects, which are increasingly extending beyond the borders of the States in which the offences are committed.

• (2) 

  Such offences pose a threat to the environment and therefore call for a tough response.

• (3) 

  Environmental offences are a problem jointly faced by Member States, which should therefore take concerted action to protect the environment under criminal law(3).

• (4) 

  The European Commission has submitted in March 2001 a proposal for a Directive of the European Parliament and the Council concerning the protection of the environment by criminal law(4), based on Article 175(1) of the Treaty establishing the European Community.

• (5) 

  The Council considered it appropriate to incorporate into the present Framework decision a number of substantive provisions contained in the proposed Directive, in particular those defining the conduct which Member States have to establish as criminal offences under their domestic law.

• (6) 

  The European Parliament delivered its opinion on the proposed Directive on 9 April 2002. The European Commission submitted in October 2002 an amended proposal for a Directive pursuant to Article 250(2) of the Treaty establishing the European Community. The Council did not consider it appropriate to modify the present Framework Decision on that basis.

• (7) 

  The Council has considered this proposal but has come to the conclusion that the majority required for its adoption by the Council can not be obtained. The said majority considered that the proposal went beyond the powers attributed to the Community by the Treaty establishing the European Community and that the objectives could be reached by adopting a Framework-Decision on the basis of Title VI of the Treaty on European Union. The Council also considered that the present Framework Decision, based on Article 34 of the Treaty on European Union, is a correct instrument to impose on the member States the obligation to provide for criminal sanctions. The amended proposal submitted by the Commission was not of a nature to allow the Council to change its position in this respect.

• (8) 

  Not only physical persons but also legal persons should be held liable for environmental offences.

• (9) 

  Member States should establish wide-ranging jurisdiction with respect to the said offences in such a way as to avoid that physical or legal persons would escape prosecution by the simple fact that the offence was not committed in their territory.

• (10) 

  On 4 November 1998 the Council of Europe adopted a Convention on the protection of the environment through criminal law, which has been taken account of in the provisions of the present instrument,

HAS ADOPTED THIS FRAMEWORK DECISION:

Article 1

Definitions

For the purposes of this Framework Decision

(a) "unlawful" means infringing a law, an administrative regulation or a decision taken by a competent authority, including those giving effect to binding provisions of Community law aiming at the protection of the environment;

(b) "water" means all kinds of groundwater and surface water including the water of lakes, rivers, oceans and seas;

(c) "legal person" means any legal entity having...

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