CRIMINALISATION OF EC ENVIRONMENTAL LAW David Geary Head of EU, Competition and Regulatory Law

OVERVIEW Proposal for a directive on the protection of the Environment through Criminal Law Proposed Directive – offences and penalties Significance of Directive – for EC law generally

Proposed Directive COM (2007) 51 Final Offences: (a) discharge of materials or radiation into air, soil or water, causing death or serious injury to any person; or (b) the unlawful discharge of materials or radiation into air, soil or water, which causes or is likely to cause death or serious injury to any person or; substantial damage to the quality of air, soil, water, animals or plants; (c) the unlawful treatment, disposal, storage, transport, export or import of waste, (d) the unlawful operation of a plant in which a dangerous activity is carried out or in which dangerous substances or preparations are stored or used; (e) the illegal shipment of waste for profit and in a non-negligible quantity, (f) the unlawful manufacture, treatment, storage, use, transport, export or import of nuclear materials or other hazardous radioactive substances; (g) the unlawful possession, taking, damaging, killing or trading of or in specimens of protected wild fauna and flora species or parts or derivatives thereof; (h) the unlawful significant deterioration of a protected habitat; (i) the unlawful trade in or use of ozone-depleting substances.

The Three Pillars of the EU

ECJ Ruling Case C-176/03, Commission v Council general rule: criminal law & rules of criminal procedure outside EC competence Criminal measures if necessary to ensure that environmental rules are fully effective

Communication COM (2005) 583 final/2 Commission acknowledges: criminal law not an EC policy action in criminal matters must have EC Treaty basis general rules of criminal law and criminal procedure: 3rd Pillar

Communication COM (2005) 583 final/2 Commission considers: ECJ reasoning applies to all Community policies and freedoms Criminal law measures to ensure EC law is fully effective include: - principle of criminal penalties - definition of offence - nature and level of criminal penalties

Conclusion Significance of Directive: -First Directive to mandate criminal penalties -Sovereignty & procedural issues -New era of EC criminal law

THANK YOU