Brussels, 08/09/2003 (Agence Europe) - The European Parliament shares the European Commission's point of view on criminal penalties for infringements to Community law. The report by Greek Socialist Ioannis Koukiadis, adopted on Wednesday by the European Parliament, maintains that, under the EC Treaty, penalties for breach of Community law may and must be based on Community law itself (first pillar), since Article 10 of the Treaty makes it an obligation for Member States to ensure respect of Community law. This allows, where necessary and on the base of Community law, for Member States to introduce into their legislation sanctions that are "effective, dissuasive and proportionate to the offence", the Koukiadis report recalls. On the other hand, the Treaty of the EC does not provide the legal base needed for going further and for harmonising the level of sanctions. In this case, intergovernmental cooperation in judiciary matters (third pillar, heading VI) must be used as a base, under the provisions included in the Treaty of European Union, the European Parliament states.
The European Commission defends the same stance, whereas most Member States consider that everything relating to penal sanctions, even the principle of sanctions, can only be based on the third pillar. This difference of principle has concrete consequences: unlike Community procedures, the adoption of a text on the basis of the third pillar is done unanimously by the Member States after no more than consultation with the European Parliament and without possible recourse to the Court of Justice. The Commission has referred the matter to the European Court of Justice to obtain cancellation of a framework decision for sanctions as punishment for harm done to the environment, as adopted in February by the Council. The Commission calls for this to be cancelled because the text bases sanctions on intergovernmental judiciary cooperation only, and not on Community competence in environmental matters (EUROPE of 3 April). The same question of principle is posed for other texts.
The European Parliament calls on the Intergovernmental Conference to clarify this situation, by introducing Community penal competence, and "clearly" defining its scope and limits.
During the debate in Parliament, Commissioner Frits Bolkestein welcomed the stance taken by the European Parliament.