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that there was any disagreement among the EU’s legislative measure setting out minimum core offences and sanctions
decision-making institutions about its prospective would be significantly more effective than intergovernmental
promulgation. The Commission remained silent on the instruments such as the CPECL and Danish initiative. The
initiative, which suggested tacitly that it had no legal scene was set for a major institutional battle between
disagreement about the legal basis used for the proposal. Commission and Council over the heart and soul of EU
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The European Parliament adopted a resolution in July environmental criminal policy, one that would not be
2000 in favour of the initiative, raising no questions about resolved between them until some seven years later and
the use of the third pillar instead of the common that may well continue at a national level once EU legislation
environmental policy Title XIX of the EC Treaty as a legal has finally been adopted, as it is most likely to be in the
basis (Article 175 EC). autumn of 2008.
However, in early spring 2001 the picture began to Part II of this article will examine developments
change quite radically. In March, on the eve of a substantive subsequent to the Danish initiative of 2000. When the
discussion within the Council of the EU on the Danish Commission published its first draft EC Directive on the
initiative, the Commission decided to publish a separate protection of the environment through criminal law in
legislative proposal on environmental crime based upon 2001, this marked the beginning of a new, supranational
Article 175 EC and place it before the Council for legislative phase in the development towards an EU policy on
negotiation. It submitted that the first and not the third environmental crime.
pillar of the EU’s treaty framework was the appropriate Part II will be published in the next issue of
basis for the promulgation of EU measures concerning Environmental Liability and the complete article will be
certain aspects of environmental crime, and that a first pillar available at www.lawtext.com.

179 OJ 2001 C121/502.

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