Regional Workshop Environmental Crime/Environmental ... - RENA

Directive 2008/99/EC on the
Protection of the Environment
through Criminal Law
RENA Activity 1.2 RISP 1st Regional Workshop, 30-31 May 2011, Zagreb, Croatia
EUROPEAN COMMISSION
Directorate General for Environment
Regional Environmental Network for Accession
First Regional Training under Activity 1.2 RISP
Zagreb, 31 May 2011
Directive 2008/99/EC on the Protection of the
Environment through Criminal Law
Background
• Cross border nature and effects of environmental
offences
• High profits and law risk of detection
• Large disparities in offences and sanctions in the
Member States
• Sanctions overall not sufficiently strict to be a real
deterrent
• Role of the EU environmental criminal law
- Promoting better implementation of EU environmental legislation
- Ensuring effective protection of the environment
- Creating level playing field in the EU
Directive 2008/99/EC on the Protection of the
Environment through Criminal Law
Genesis and legal basis of the Directive
• European Council of Tampere 1999 (definitions and
sanctions in this field required)
• Proposal for a Directive of 2001 based on Article 175 ECT
• Framework Decision 2003/80/JHA based on Article 29 and
31 (e) TEU
• New proposal for a Directive presented by the
Commission in February 2007
• Formal adoption of Directive 2008/99/EC in November
2008
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