Page 45 - Lawtext Environmental Law & Management Journal Sample

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1 1 1 1 15 55 56 6 (2008) 20 ELM : UK CURRENT SURVEY AND LEGAL UPDATE – GREENWOOD, L’OKEN
specified regions and sub-regions. It should be noted, power to set specific criminal penalties, even though it
however, that ‘good environmental status’ was not made could legislate on criminal matters, providing that it was
a mandatory requirement. Where it is not feasible for for the purpose of remedying and enforcing serious
Member States to reach the environmental targets set, environmental breaches of environmental law. In view of
tailored measures are to be devised. this, the draft directive was revised accordingly and has
since been adopted the Council of Ministers and the
Defra ‘Draft Marine Bill’; Defra ‘Our seas – a shared resource’. European Parliament, in line with the ECJ’s ruling of
http://www.defra.gov.uk. October 2007. This stated that the Community has
http://ec.europa/environment/water/marine/index_en.htm competence to adopt criminal measures only where there
is a ‘justifiable need’ and it does not have the power to
specify the type and level of criminal sanctions applicable,
Environmental crime as these are matters solely for individual Member States.
In addition, the definition of unlawful acts has been revised
Europe legislates on environmental crime so that it now only covers acts committed in violation of
EU environmental protection laws (listed and annexed to
In February 2007, the EC published proposals for a new the draft directive).
19
directive on environmental crime, which obliged Member The draft directive now obliges Member States to
States to treat serious acts against the environment as ensure simply that sanctions are ‘effective, proportionate
criminal actions, thereby requiring criminal sanctions to and dissuasive’. Once the draft directive enters into force
be implemented against acts such as illegal emission, and is published in the Official Journal, Member States
discharge or introduction of hazardous substances to air, will have two years to implement its provisions.
water and land or the treatment, disposal and transport
of waste. The draft proposal laid out nine offences, the Disclaimer: The reports included here are a selection only
majority of which related to breaches of environmental of topical developments that have taken place during the
legislation that result in death or serious injury through time period stated for the survey. The summaries are
intentional or serious neglect (eg discharge or emission intended for general information purposes only and should
of hazardous waste that causes, or is likely to cause death not be relied upon to replace professional advice on
or serious injury or substantial damage to the specific topics. Taylor Wessing LLP accept no responsibility
environment), obliging Member States to instigate for any errors or omissions.
measures for maximum penalties in accordance with the
levels specified in the draft directive. Following publication Taylor Wessing LLP
of the draft, however, the European Court of Justice (ECJ) July 2008
ruled that the European Commission did not have the

19 COM(2007)51.

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