Regional Workshop Environmental Crime/Environmental ... - RENA

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RENA Activity 1.2 RISP 1st Regional Workshop, 30-31 May 2011, Zagreb, Croatia Directive 2008/99/EC on the Protection of the Environment through Criminal Law Implementation by Member States • Member States should have adopted the necessary measures to conform their criminal law with the directive before 26 December 2010 • Member States should have informed the Commission of these measures • The directive does not touch the powers of prosecutors and judges, nor does it regulate criminal law procedure Directive 2008/99/EC on the Protection of the Environment through Criminal Law Implementation – major challenges • The use of vague notions • The issue of penalties Directive 2008/99/EC on the Protection of the Environment through Criminal Law Implementation – VAGUE NOTIONS • COM does not intend to provide strong normative indications for two reasons: i) Directive is binding only as far as the results are concerned ii) Substantial differences persist between Member States • Optimal solution depends on national context and existing legal culture 4
RENA Activity 1.2 RISP 1st Regional Workshop, 30-31 May 2011, Zagreb, Croatia Directive 2008/99/EC on the Protection of the Environment through Criminal Law Implementation – VAGUE NOTIONS • Substantial damage – art 3 (a), (b), (c) • (Non) negligible quantities and impacts – art. 3 (c) (f) (g) • Dangerous activities and substances – art. 3 (d) • Significant deterioration – art. (h) Directive 2008/99/EC on the Protection of the Environment through Criminal Law Implementation – VAGUE NOTIONS • The notions can be found in documents that preceded the Directive • The Commission does not expect literal transposition, but an interpretation in light of the national traditions and by reference to other directives • MS have a considerable level of discretion in the interpretation; but they should take into account the broad context of the European environmental law Directive 2008/99/EC on the Protection of the Environment through Criminal Law Implementation – VAGUE NOTIONS Available sources Substantial damage - Explanatory Report Council of Europe Convention (see 3.1); examples in Member States environmental criminal law; Annex I to the Environmental Liability Directive emission limit values and quality standards Dangerous activity - Explanatory Report Council of Europe Convention; Seveso Directive; IED Directive Dangerous substances - Article 2(29) Framework Water Directive; List I and II Directive 76/464; other directives Significant deterioration of habitat - ECJ case law on Habitats Directive Negligible quantity or impact - either skip completely (enlarging criminal liability; no definition needed Deterioration of the quality of water -either skip completely (enlarging criminal liability); no definition needed; eventually: Framework Water Directive 5
Page 1 and 2: The European Union’s Instrument f
Page 3 and 4: RENA Activity 1.2 RISP 1 st Regiona
Page 5 and 6: Working Group 1 Strategic Planning
Page 7 and 8: This Project is funded by the Europ
Page 9 and 10: The need for environmental crime pr
Page 11 and 12: First ruling of the European Court
Page 13 and 14: Types of environmental criminal off
Page 15 and 16: Further criminal offences related t
Page 17 and 18: Directive 2008/99/EC on the Protect
Page 19: RENA Activity 1.2 RISP 1st Regional
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Page 25 and 26: International Environmental Crimes
Page 27 and 28: Breeding a culture of lawlessness a
Page 29 and 30: Environmental crime and human right
Page 31 and 32: REGIONAL ENVIRONMENTAL NETWORK FOR
Page 33 and 34: Case three stages to reach criminal
Page 35 and 36: THANK YOU FOR YOUR ATTENTION RENA A
Page 37 and 38: with what 7 golden W (w)how why wha
Page 39 and 40: Karl Frauenberger Criminal Intellig
Page 41 and 42: Investigation by administrative aut
Page 43 and 44: illegal disposal of solid waste Pos
Page 45 and 46: Findings and Investigation by the P
Page 47 and 48: Environmental Crimes in Croatian le
Page 49 and 50: Environmental Crimes (Chapter 19 in
Page 51 and 52: Top environmental crimes (according
Page 53 and 54: Regional Environmental Network for
Page 55 and 56: Expert Witness Function • Assumpt
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Page 59 and 60: Environmental Misdemeanour Practice
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Page 67 and 68: Case 3: IPPC site and Water Act Fac
Page 69 and 70: Environmental Crime/Environmental L
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The role of Misdemeanour offences i
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RENA Activity 1.2 RISP 1st Regional
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EU Liability Directive 2004/35/EC
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Limited scope of the Directive II
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How to remedy environmental damage?
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Member State Experience: Germany II
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Dr. Fritz Kroiss Environment Agency
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1.2 One of the conclusions of the r
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Environmental liability enforcement
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Regional Workshop Environmental Crime/Environmental ... - RENA

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