Luxembourg, 24/10/2007 (Agence Europe) - In a ruling on 23 October, the Court of Justice of the Communities has annulled the Council framework decision to strengthen the criminal law framework for the enforcement of the law against ship-source pollution. The reason given was that its adoption was outside the Community legislative framework.
The Council Framework Decision to strengthen the criminal law framework for the enforcement of the law against ship-source pollution introduces the obligation for member states to provide for effective, dissuasive and proportionate criminal penalties for persons, natural or legal, who have committed, aided, abetted or incited one of the offences referred to in the Community directive (2005/35/EC). It also lays down the type and level of criminal penalty to be applied. With that framework decision, the Council intended to supplement the directive, with a view to reinforcing maritime safety. That decision was adopted by the Council of the European Union, made up of representatives of the governments of the member states, within the framework of intergovernmental police and judicial cooperation in criminal matters, which was institutionalised by the Treaty on European Union.
Considering that the framework decision had not been adopted on the correct legal basis, the European Commission brought an action before the Court of Justice. It argued that the aim and content of the framework decision come within the European Community's sphere of competence, as provided for by the EC Treaty as part of the common transport policy; consequently, the contested measure could have been adopted on the basis of the EC Treaty, not the Treaty on EU.
In the main, the Court found in favour of the Commission. It said that, while it is true that, in principle, neither criminal law nor the rules of criminal procedure fall within the competence of the Community, the fact remains that, when the application of effective, dissuasive and proportionate criminal penalties by the competent national authorities is an essential measure for combating serious environmental offences, the Community legislature may require member states to put in place such sanctions to ensure that the environmental protection rules which it lays down are fully effective.
By contrast, the Court found that the determination of the type and level of the criminal penalties to be applied did not fall within the Community's sphere of competence. Since the framework decision is indivisible, the Court annulled it in its entirety. (C.D.)