21.6.2008 EN Official Journal of the European Union L 162/20 COMMISSION DIRECTIVE 2008/63/EC of 20 June 2008 on competition in the markets in telecommunications terminal equipment (Text with EEA relevance) (Codified version) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 86(3) thereof, Whereas: (1) Commission Directive 88/301/EEC of 16 May 1988 on competition in the markets in telecommunications terminal equipment (1) has been substantially amended (2). In the interests of clarity and rationality the said Directive should be codified. (2) In all the Member States, telecommunications were, either wholly or partly, a State monopoly generally granted in the form of special or exclusive rights to one or more bodies responsible for providing and operating the network infrastructure and related services. Those rights, however, often used to go beyond the provision of network utilisation services and used to extend to the supply of user terminal equipment for connection to the network. The last decades have seen considerable technical developments in networks, and the pace of development has been especially striking in the area of terminal equipment. (3) Member States have, in response to technical and economic developments, reviewed their grant of special or exclusive rights in the telecommunications sector. The proliferation of types of terminal equipment and the possibility of the multiple use of terminals means that users must be allowed a free choice between the various types of equipment available if they are to benefit fully from the technological advances made in the sector. (4) The existence of exclusive rights has the effect of restricting the free movement of telecommunications terminal equipment either as regards the importation and marketing of terminal equipment (including satellite equipment), because certain products are not marketed, or as regards the connection, bringing into service or maintenance because, taking into account the characteristics of the market and in particular the diversity and technical nature of the products, a monopoly has no incentive to provide these services in relation to products which it has not marketed or imported, nor to align its prices on costs, since there is no threat of competition from new entrants on the market. Taking into account the fact that in most equipment markets there is typically a large range of telecommunication equipment, any special right which directly or indirectly limits the number of the undertakings authorised to import, market, connect, bring into service and maintain such equipment, is liable to have the same kind of effect as the grant of exclusive rights. Such exclusive or special rights constitute measures having equivalent effect to quantitative restrictions incompatible with Article 28 of the Treaty. Thus it is necessary to abolish all existing exclusive rights in the importation, marketing, connection, bringing into service and maintenance of terminal and telecommunications equipment, as well as those rights having comparable effects — that is to say, all special rights except those consisting in legal or regulatory advantages conferred on one or more undertakings and affecting only the ability of other undertakings to engage in any of the abovementioned activities in the same geographical area under substantially equivalent conditions. (5) The special or exclusive rights relating to terminal equipment are exercised in such a way as, in practice, to disadvantage equipment from other Member States, notably by preventing users from freely choosing the equipment that best suits their needs in terms of price and quality, regardless of its origin. The exercise of these rights is therefore not compatible with Article 31 of the Treaty in all the Member States. (6) The provision of installation and maintenance services is a key factor in the purchasing or rental of terminal equipment. The retention of exclusive rights in this field would be tantamount to retention of exclusive marketing rights. Such rights must therefore also be abolished if the abolition of exclusive importing and marketing rights is to have any practical effect. (7) The maintenance of terminal equipment is a service within the meaning of Article 50 of the Treaty. The service in question, which cannot from a commercial point of view be dissociated from the marketing of the equipment terminals, must be provided freely in accordance with Article 49 of the Treaty and in particular when provided by qualified operators. (8) The situation in the market continues to produce infringements of the competition rules laid down by the Treaty and to affect adversely the development of trade to such an extent as would be contrary to the interests of the Community. Stronger competition in the terminal equipment market requires the introduction of transparent technical specifications which meet the essential requirements mentioned in Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (3) and allow the free movement of terminal equipment. In turn, such transparency necessarily entails the publication of technical specifications. (9) Special or exclusive rights to import and market terminal equipment give rise to a situation which is contrary to the objective of Article 3(g) of the Treaty, which provides for the institution of a system ensuring that competition in the internal market is not distorted, and requires a fortiori that competition must not be eliminated. Member States have an obligation under Article 10 of the Treaty to abstain from any measure which could jeopardise the attainment of the objectives of the Treaty, including Article 3(g). The exclusive rights must therefore be regarded as incompatible with Article 82 of the Treaty in conjunction with Article 3 thereof, and the grant or maintenance of such rights by a Member State is prohibited under Article 86(1) of the Treaty. (10) To enable users to have access to the terminal equipment of their choice, it is necessary to know and make transparent the characteristics of the interface points of the public network to which the terminal equipment is to be connected. Member States must therefore ensure that the characteristics are published and that users have access to interface points of the public network. (11) To be able to market their products, manufacturers of terminal equipment must know what technical specifications they must satisfy. Member States should therefore formalise and publish the specifications, which they must notify to the Commission in draft form, in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (4). The specifications may be extended to products imported from other Member States only in so far as they are necessary to ensure conformity with the essential requirements specified in Article 3 of Directive 1999/5/EC that can legitimately be required under Community law. Member States must, in any event, comply with Articles 28 and 30 of the Treaty, under which an importing Member State must allow terminal equipment legally manufactured and marketed in another Member State. (12) To ensure that type-approval specifications are applied transparently, objectively and without discrimination monitoring applications cannot be entrusted to a competitor in the terminal equipment market in view of the obvious conflict of interest. Member States should therefore ensure that the responsibility for monitoring is assigned to a body independent of the operator of the network and of any other competitor in the market in question. (13) This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex II, Part B, HAS ADOPTED THIS DIRECTIVE: Article 1 For the purposes of this Directive, the following definitions shall apply: 1. ‘terminal equipment’ means: (a) equipment directly or indirectly connected to the interface of a public telecommunications network to send, process or receive information; in either case (direct or indirect), the connection may be made by wire, optical fibre or electromagnetically; a connection is indirect if equipment is placed between the terminal and the interface of the network; (b) satellite earth station equipment; 2. ‘satellite earth station equipment’ means equipment which is capable of being used for the transmission only (‘transmit-only’), or for the transmission and reception (‘transmit/receive’), or for the reception only (‘receive-only’) of radio communication signals by means of satellites or other space-based systems; 3. ‘undertaking’ means a public or private body, to which a Member State grants special or exclusive rights for the importation, marketing, connection, bringing into service of telecommunications terminal equipment and/or maintenance of such equipment; 4. ‘special rights’ means rights that are granted by a Member State to a limited number of undertakings, through any legislative, regulatory or administrative instrument, which, within a given geographical area: (a) limits to two or more the number of such undertakings, otherwise than according to objective, proportional and non-discriminatory criteria; or (b) designates, otherwise than according to the criteria referred to in point (a), several competing undertakings; or (c) confers on any undertaking or undertakings, otherwise than according to the criteria referred to in points (a) and (b), any legal or regulatory advantages which substantially affect the ability of any other undertaking to import, market, connect, bring into service and/or maintain telecommunication terminal equipment in the same geographical area under substantially equivalent conditions. Article 2 Member States which have granted special or exclusive rights to undertakings shall ensure that all exclusive rights are withdrawn, as well as those special rights which: (a) limit to two or more the number of undertakings, otherwise than according to objective, proportional and non-discriminatory criteria; or (b) designate, otherwise than according to the criteria referred to in point (a), several competing undertakings. They shall inform the Commission of the measures taken or draft legislation introduced to that end. Article 3 Member States shall ensure that economic operators have the right to import, market, connect, bring into service and maintain terminal equipment. However, Member States may: (a) in the case of satellite earth station equipment, refuse to allow such equipment to be connected to the public telecommunications network or to be brought into service where it does not satisfy the relevant common technical regulations adopted in pursuance of Directive 1999/5/EC or, in the absence thereof, the essential requirements laid down in Article 3 of that Directive; in the absence of common technical rules of harmonised regulatory conditions, national rules shall be proportionate to those essential requirements and shall be notified to the Commission in accordance with Directive 98/34/EC where that Directive so requires; (b) in the case of other terminal equipment, refuse to allow such equipment to be connected to the public telecommunications network where it does not satisfy the relevant common technical regulations adopted in pursuance of Directive 1999/5/EC or, in the absence thereof, the essential requirements laid down in Article 3 of that Directive; (c) require economic operators to possess the technical qualifications needed to connect, bring into service and maintain terminal equipment on the basis of objective, non-discriminatory and publicly available criteria. Article 4 Member States shall ensure that users have access to new public network interface points and that the physical characteristics of these points are published by users of the telecommunications public network. Article 5 Member States shall ensure that all specifications for terminal equipment are formalised and published. Member States shall notify those technical specifications in draft form to the Commission in accordance with Directive 98/34/EC. Article 6 Member States shall ensure that in monitoring the specifications referred to in Article 5, the application is entrusted to a body independent of public or private undertakings offering goods and/or services in the telecommunications sector. Article 7 Member States shall provide the Commission at the end of each year with a report allowing it to monitor compliance with the provisions of Articles 2, 3, 4, and 6. An outline of the report is set out in Annex I. Article 8 Directive 88/301/EEC, as amended by the Directive listed in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex II, Part B. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III. Article 9 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Article 10 This Directive is addressed to the Member States. Done at Brussels, 20 June 2008. For the Commission The President José Manuel BARROSO (1) OJ L 131, 27.5.1988, p. 73. Directive as amended by Directive 94/46/EC (OJ L 268, 19.10.1994, p. 15). (2) See Annex II, Part A. (3) OJ L 91, 7.4.1999, p. 10. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1). (4) OJ L 204, 21.7.1998, p. 37. Directive as last amended by Council Directive 2006/96/EC (OJ L 363, 20.12.2006, p. 81). ANNEX I Outline of the report referred to in Article 7 Implementation of Article 2 Terminal equipment for which legislation is being or has been modified. By category of terminal equipment: — date of adoption of the measure, or — date of introduction of the bill, or — date of entry into force of the measure. Implementation of Article 3 — terminal equipment, the connection and/or commissioning of which has been restricted, — technical qualifications required, giving reference of their publication. Implementation of Article 4 — references of publications in which the physical characteristics are specified, — number of existing public network interface points, — number of public network interface points now accessible. Implementation of Article 6 — independent body or bodies appointed. ANNEX II PART A Repealed Directive with its successive amendment (referred to in Article 8) Commission Directive 88/301/EEC (OJ L 131, 27.5.1988, p. 73) Commission Directive 94/46/EC (OJ L 268, 19.10.1994, p. 15) PART B List of time limits for transposition into national law (referred to in Article 8) Directive Time limit for transposition 88/301/EEC — 94/46/EC 8 August 1995 ANNEX III Correlation table Directive 88/301/EEC This Directive Article 1, introductory words Article 1, introductory words Article 1, first indent, first and second sentences Article 1, point (1)(a) Article 1, first indent, last sentence Article 1, point (1)(b) Article 1, second indent Article 1, point (3) Article 1, third indent, introductory words Article 1, point (4), introductory words Article 1, third indent, first sub-indent Article 1, point (4)(a) Article 1, third indent, second sub-indent Article 1, point (4)(b) Article 1, third indent, third sub-indent Article 1, point (4)(c) Article 1, fourth indent Article 1, point (2) Article 2 Article 2 Article 3, first sentence Article 3, first paragraph Article 3, second sentence Article 3, second paragraph, introductory sentence Article 3, first indent Article 3, second paragraph, point (a) Article 3, second indent Article 3, second paragraph, point (b) Article 3, third indent Article 3, second paragraph, point (c) Article 4, first paragraph Article 4 Article 4, second paragraph — Article 5(1) — Article 5(2), first sentence Article 5, first paragraph Article 5(2), second sentence Article 5, second paragraph Article 6 Article 6 Article 8 — Article 9 Article 7 Article 10 — — Article 8 — Article 9 Article 11 Article 10 Annex I — Annex II Annex I — Annex II — Annexe III

Summary: Fair market conditions for telephone handsets and other communication equipment Fair market conditions for telephone handsets and other communication equipment SUMMARY OF: Directive 2008/63/EC on competition in the markets in telecommunications terminal equipment WHAT IS THE AIM OF THE DIRECTIVE? It aims to open up telecommunications terminal equipment* markets to competition. It also aims to improve the information available to consumers on different equipment to allow users to benefit from technological progress and make informed choices as consumers. KEY POINTS EU countries may not grant special or exclusive rights relating to the import, marketing, connection, bringing into service or maintenance of telecommunications terminal equipment. EU countries may not refuse the connection of terminal equipment to the public telecommunications network or the bringing into service of satellite earth station equipment* in their country, unless this equipment does not satisfy certain essential requirements. As of 13 June 2016, the safety and electromagnetic compatibility requirements for radio terminal equipment are laid down in Directive 2014/53/EU (and any delegated acts adopted further to this directive) which provides for a 1-year transitional period. The safety requirements for fixed-line (non-radio) terminal equipment, depending on the characteristics, are laid down in the Low Voltage Directive (2014/35/EU). If the equipment has a voltage rating of between 50 and 1000 V for alternating current or between 75 and 1500 V for direct current, the requirements for electromagnetic compatibility are laid down in the Electromagnetic Compatibility Directive (2014/30/EU). To enable users to have access to the terminal equipment of their choice, it is necessary to know and make transparent the characteristics of the interface points of the public network to which the terminal equipment is to be connected (directly or indirectly). EU countries must ensure that operators publish these characteristics and that users have access to the interface points of the public network. The bodies entrusted with monitoring the application of specifications designated by EU countries must be independent from public or private organisations offering goods and/or services in the telecommunications sector. FROM WHEN DOES THE DIRECTIVE APPLY? This directive has applied since 11 July 2008. EU countries had to incorporate it into national law by 8 August 1995 the date indicated in the Directive 88/301/EEC, which Directive 2008/63/EC has codified*. BACKGROUND This directive represented the first phase of a policy to liberalise telecommunications markets and which led to the complete liberalisation of these markets on 1 January 1998. * KEY TERMS Terminal equipment: equipment directly or indirectly linked to the interface of a public telecommunications network to send, process or receive information, including satellite earth station equipment. Satellite earth station equipment: equipment which can be used for transmission only (‘transmit-only’), for reception only (‘receive-only’) or for the transmission and reception (‘transmit/receive’) of radio communication signals by means of satellites or other space-based systems. Codification: a new legal act which replaces another act that has been amended substantially. The new act preserves the rules in the act which is being codified and therefore passes through the decision-making process rapidly by means of an accelerated procedure. MAIN DOCUMENT Commission Directive 2008/63/EC of 20 June 2008 on competition in the markets in telecommunications terminal equipment (codified version) (OJ L 162, 21.6.2008, pp. 20-26) RELATED DOCUMENTS Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (OJ L 96, 29.3.2014, pp. 79–106) Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ L 96, 29.3.2014, pp. 357–374) Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, pp. 62–106) last update 14.11.2016


EUR-Lex - 42001X0712(02) - EN Avis juridique important | 42001X0712(02) Resolution of the Council and of the representatives of the Governments of the Member States meeting within the Council of 28 June 2001 on promoting young people's initiative, enterprise and creativity: from exclusion to empowerment Official Journal C 196 , 12/07/2001 P. 0002 - 0004 Resolution of the Council and of the representatives of the Governments of the Member States meeting within the Councilof 28 June 2001on promoting young people's initiative, enterprise and creativity: from exclusion to empowerment(2001/C 196/02)ITHE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITY, MEETING WITHIN THE COUNCIL,Bearing in mind that:1. The Treaty establishing the European Community provides for Community action to be aimed at encouraging the development of youth exchanges and of exchanges of socio-educational instructors.2. The Community has been assigned the task among others of promoting harmonious, balanced and sustainable development of economic activities, a high level of employment and social protection, and a rise in living standards and in the quality of life.3. The promotion of employment, improvement of living and working conditions, and combating exclusion are mentioned among the specific objections of the social provisions of the Treaty.4. The European Parliament and the Council have by Decision No 1031/2000/EC of 13 April 2000(1) established the "Youth" Community action programme. One objective of this programme is to encourage young people's initiative, enterprise and creativity so that they can play an active role in society.5. On 9 November 2000 the Council and the Representatives of the Governments of the Member States, meeting within the Council, adopted a Resolution on the social inclusion of young people(2).6. On 8 February 1999, the Council and the Ministers of Youth, meeting within the Council, adopted a Resolution on youth participation(3) which puts the inclusion of youth in institutions of social, political, cultural and economic life in the foreground.7. In a Resolution on a youth policy for Europe(4), adopted by the European Parliament on 9 March 1999, the Member States and the Commission were encouraged to act promptly to approve knowledge acquired through non-formal learning, and to ensure that it is recognised in the labour market.8. In the Presidency conclusions of the European Council meeting in Lisbon on 23 and 24 March 2000 one of the targets set was for the Member States, in accordance with their constitutional provisions, and also the Council and the Commission to take certain necessary steps within their areas of competence to fulfil inter alia the target of developing a common European format for curriculum vitae to be used on a voluntary basis in order to facilitate mobility by helping the assessment by both educational and training institutions and employers of knowledge acquired. The achievement of the priority objective of mobility will be based in particular on the action plan for mobility, approved by the Heads of State or Government at the European Council in Nice, and on a draft recommendation on mobility within the Community for students, persons undergoing training, volunteers, teachers and trainers which, according to the conclusions of the European Council in Stockholm, it is intended to adopt by June 2001.9. The memorandum on lifelong learning presented by the Commission to the Council (Education/Youth) of 9 November 2000, proposed consulting all the relevant public and private actors on six main topics including non-formal learning and the need to invest more in human resources.10. Under its Decision 2000/819/EC of 20 December 2000(5), the Council established a multiannual programme for enterprise and entrepreneurship, and in particular for small and medium-sized enterprises (2001 to 2005).11. In the conclusions of the European Council meeting in Lisbon on 23 and 24 March 2000 entrepreneurship is mentioned as one of the five basic skills which should be provided through lifelong learning.12. In Council Decision 2001/63/EC of 19 January 2001 on guidelines for Member States' employment policies for the year 2001(6), the development of entrepreneurship and job creation is identified as one of the four pillars,THEREFORE.II13. ARE OF THE VIEW that young people's initiative, enterprise and creativity are a key resource that should be better promoted in various spheres of society for the development of their own personal and social skills as well as being an important precondition for attaining the Union's strategic goal of becoming the world's most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth, more and better job opportunities and greater social cohesion.14. WELCOME in this context the emphasis placed by the Lisbon Conclusions on lifelong learning as a basic component of the European social model.15. EMPHASISE the importance of young people's own initiative and creativity in combating racism, xenophobia and intolerance.16. EMPHASISE the importance of young people's initiative, enterprise and creativity when it comes to their ability to prevent social, political and cultural exclusion and the importance of strengthening young people's power and influence over their life situation.17. CONSIDER the results of the questionnaire survey on non-formal education on which the French Presidency, in the light of the discussions initiated by the Portuguese Presidency during the year 2000, took the initiative on 8 December 2000.18. CONSIDER that the promotion of young people's initiative, enterprise and creativity is one of the objectives of cooperation in youth issues,IIIINVITE the Commission to emphasis the importance of young people's initiative, enterprise and creativity in European cooperation in youth issues and in particular:(i) in the preparation of Community cooperation policy in the youth field, to associate young people themselves and to consider their initiative, enterprise and creativity as a resource in society;(ii) to ensure that the youth dimension is taken into account in Community activities concerning initiative, enterprise and creativity;(iii) in the forthcoming evaluation of the Youth programme, to report to what extent young people's initiative, enterprise and creativity are promoted within the framework of the programme;(iv) to involve young people in the development of European cooperation in the youth field and non-formal learning initiatives;(v) to take particular note of young people's own initiative, enterprise and creativity in drawing up new strategies for lifelong learning,IVINVITE the Member States:(i) to encourage and make more visible in all fields the spirit of initiative, enterprise and creativity of the young people;(ii) to improve young people's information of available opportunities and support in starting and developing activities, including cultural and business activities;(iii) to promote pupil participation and their initiative and creativity as a valuable resource in teaching and other school activities, and to contribute so that the education system stimulates active citizenship;(iv) to promote student participation in higher education, and vocational training where young people's initiative, enterprise and creativity are a resource not only in education but also in research and other knowledge-developing activities;(v) to take particular note of young people's own initiative, enterprise and creativity in drawing up new strategies for both lifelong learning and innovative methods of teaching and learning;(vi) to integrate young people's initiative, enterprise and creativity in practical national level labour-market policy measures in the youth sector;(vii) to develop and promote the sharing of experience and dissemination of best practice with respect to both boys' and girls' initiative, enterprise and creativity in clubs and associations, including Youth organisations,VINVITE the Commission and Member States, within their respective spheres of competence:(i) to integrate and promote young people's initiative, enterprise and creativity in combating exclusion;(ii) to encourage young people's initiative and creativity in combating racism, xenophobia and intolerance;(iii) to promote sharing of experience and dissemination of best practice with respect to activities and projects developed on the basis of young people's initiative, enterprise and creativity;(iv) to encourage young people's initiative, enterprise and creativity as a key driving force in the context of the strategy for creating more and better jobs in Europe;(v) to take into account the views of pupils and students in the further implementation of Community education programmes notably Socrates and Leonardo da Vinci, in order to put young people's initiative and creativity to use;(vi) to promote research and sharing of experience in order to increase knowledge of young people's initiative, enterprise and creativity;(vii) to emphasise the importance of non-formal learning as a means of expressing and developing young people's initiative, enterprise and creativity and encourage those engaged in non-formal learning to share their experience;(viii) to promote existing cooperation between the Member States, the Commission and international organisations, especially the Council of Europe, with respect to research, methodology and assessment models concerning non-formal learning;(ix) to clarify to what extent and how young people's initiative, enterprise and creativity are put to use as a resource in projects conducted with the support of the EU Structural Funds;(x) to educate young people as critical consumers, and take particular note in this context of their important role as consumers as well as practitioners in sectors such as music, film and other creative industries and to promote their enterprise, initiative and creativity in these sectors.(1) OJ L 117, 18.5.2000, p. 1.(2) OJ C 374, 28.12.2000, p. 5.(3) OJ C 42, 17.2.1999, p. 1.(4) OJ C 175, 21.6.1999, p. 48.(5) OJ L 333, 29.12.2000, p. 84.(6) OJ L 22, 24.1.2001, p. 18.

Summary: Promoting young people's initiative, enterprise and creativity Promoting young people's initiative, enterprise and creativity This resolution invites the Commission and the Member States to promote young people's initiative, enterprise and creativity with the aim of giving the EU a competitive and dynamic knowledge-based economy. ACT Resolution of the Council and of the representatives of the Governments of the Member States meeting within the Council of 28 June 2001 on promoting young people's initiative, enterprise and creativity: from exclusion to empowerment [Official Journal C 196 of 12 July 2001]. SUMMARY Involvement of the Commission and the Member States This resolution invites the Commission: to associate young people in the preparation of Community cooperation policy geared to youth, education and training; to ensure that the "youth" dimension is taken into account in Community activities; to take stock of the experience gained from the Youth programme; to take the "youth" dimension into account in devising new strategies for lifelong learning. This resolution invites the Member States: to encourage young people's initiative, enterprise and creativity in all fields; to provide young people with better information about the opportunities and support available; to promote pupil participation, initiative and creativity for active citizenship; to promote student participation in higher education, in vocational training and in research; to take note of young people's initiative, enterprise and creativity in devising innovative methods of teaching and learning; to integrate young people's initiative, enterprise and creativity into practical employment-oriented measures; to promote the sharing of good practice. This resolution invites the Commission and Member States: to integrate young people's initiative, enterprise and creativity in combating social exclusion; to encourage young people's initiative and creativity in combating racism, xenophobia and intolerance; to promote dissemination of best practice; to encourage young people's initiative, enterprise and creativity as a driving force for employment policy; to take stock of the experience gained from the Socrates and Leonardo programmes in order to make the most of young people's initiative and creativity; to promote research and sharing of experience; to develop young people's initiative, enterprise and creativity through non-formal learning; to promote cooperation between the Member States, the Commission and international organisations; to clarify how young people's initiative, enterprise and creativity are put to use as a resource; to educate young people as critical consumers and practitioners in sectors such as music, film and other creative industries. Context Many Community initiatives have been launched to encourage young people's initiative, enterprise and creativity, most of them stemming from education and training policy (e.g. the Youth and Youth for Europe programmes, the resolution on the social inclusion of young people, the resolution on youth participation, the memorandum on lifelong learning) and employment policy (e.g. the multiannual programme for enterprise and entrepreneurship, and the guidelines for employment). RELATED ACTS Communication from the Commission to the Council, the European Parliament, the European Economic and Social committee and the Committee of the Regions - Implementing the Community Lisbon Programme : Fostering entrepreneurial mindsets through education and learning Council Decision 2001/63/ECof 19 January 2001 on guidelines for Member States' employment policies for the year 2001 [Official Journal L 022 of 24.01.2001]. Council Decision 2000/819/EC of 20 December 2000 on a multiannual programme for enterprise and entrepreneurship, and in particular for small and medium-sized enterprises (SMEs) (2001-2005) [Official Journal L 333 of 29.12.2000]. Last updated: 26.06.2007


29.1.2005 EN Official Journal of the European Union L 27/61 COUNCIL COMMON POSITION 2005/69/JHA of 24 January 2005 on exchanging certain data with Interpol THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Articles 30(1)(b) and 34(2)(a) thereof, Having regard to the proposal from the Commission, Whereas: (1) One of the Union’s objectives is to provide citizens with a high level of safety within an area of freedom, security and justice. Closer cooperation between Member States’ competent law enforcement authorities is essential for the achievement of that objective. (2) The protection of the Union against threats posed by international and organised crime, including terrorism, requires that common action includes the exchange of information between Member States’ law enforcement authorities competent in criminal matters, as well as with international partners. (3) Issued and blank stolen, lost or misappropriated passports are used to elude law enforcement with the object of carrying out illicit activities capable of jeopardising the security of the Union and of each one of the Member States. Meaningful action can only be taken at Union level by reason of the very nature of the threat. Action by the Member States individually could not achieve the abovementioned objective. This Common Position does not go beyond what is necessary to achieve that objective. (4) All Member States are affiliated to the International Criminal Police Organisation — Interpol. To fulfil its mission, Interpol receives, stores, and circulates data to assist competent law enforcement authorities to prevent and combat international crime. The Interpol database on Stolen Travel Documents permits Interpol’s members to share between themselves the data on lost and stolen passports. (5) The European Council of 25 March 2004, in its Declaration on combating terrorism, instructed the Council to take forward work on the creation by end 2005 of an integrated system for the exchange of information on stolen and lost passports having recourse to the Schengen Information System (SIS) and the Interpol database. This Common Position is a first response to that request that should be followed-up by the setting up of the technical functionality in the SIS to achieve that aim. (6) The exchange of Member States’ data on stolen, lost or misappropriated passports with the Interpol database on Stolen Travel Documents as well as the processing of these data, should respect applicable data protection rules both of the individual Member States and of Interpol. (7) This Common Position obliges Member States to ensure that their competent authorities will exchange the aforementioned data with the Interpol database on Stolen Travel Documents, in parallel to entering them in the relevant national database, and the SIS, as regards the Member States participating in it. The obligation arises from the moment the national authorities become aware of the theft, loss or misappropriation. A further requirement to set up the necessary infrastructure to facilitate the consultation of the Interpol database acknowledges the law enforcement relevance of the latter. (8) The conditions of the exchange shall be agreed with Interpol in order to ensure that the data exchanged will respect the data protection principles that lie at the heart of data exchange within the Union, in particular with regard to the exchange and automatic processing of such data. (9) This Common Position respects the fundamental rights and observes the principles recognised in particular by Article 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union, HAS ADOPTED THIS COMMON POSITION: Article 1 Purpose The purpose of this Common Position is to prevent and combat serious and organised crime, including terrorism, by ensuring that Member States take the measures necessary to improve cooperation between their competent law enforcement authorities and between them and such authorities in third Countries by exchanging passport data with Interpol. Article 2 Definitions For the purpose of this Common Position, the following definitions shall apply: 1. ‘Passport data’ shall mean data on issued and blank passports that are stolen, lost or misappropriated and formatted for integration in a specific information system. Passport data that will be exchanged with the Interpol database shall consist only of the passport number, country of issuance and the document type. 2. ‘Interpol database’ shall mean the Automatic Search Facility — Stolen Travel Document database managed by the International Criminal Police Organisation — Interpol. 3. ‘Relevant national database’ shall mean the police or judicial database or databases in a Member State that contain data on issued and blank passports that are stolen, lost or misappropriated. Article 3 Common action 1. The competent law enforcement authorities of the Member States shall exchange all present and future passport data with Interpol. They shall only share them with other Interpol members that ensure an adequate level of protection of personal data. It shall also be ensured that fundamental rights and liberties regarding the automatic processing of personal data shall be respected. Member States may decide that they shall only share their data with other Interpol members that have committed themselves to exchange at least the same data. 2. Each Member State may, subject to the requirements set forth in paragraph 1, agree with Interpol the modalities for exchanging all present passport data in its possession with Interpol. Such data are contained in the relevant national database, or in the SIS, if it participates. 3. Each Member State shall ensure that immediately after data have been entered in its relevant national database or in the SIS, if it participates, these data are also exchanged with Interpol. 4. Member States shall ensure that their competent law enforcement authorities will query the Interpol database for the purpose of this Common Position each time when appropriate for the performance of their task. Member States shall ensure that they set up the infrastructures required to facilitate consultation as soon as possible but at the latest by December 2005. 5. The exchange of personal data in compliance with the obligation laid down in this Common Position shall take place for the purpose set out in Article 1, ensuring an adequate level of protection of personal data in the relevant Interpol Member Country and the respect for fundamental rights and liberties regarding the automatic processing of personal data. To that end, Member States shall ensure that the exchange and sharing of data takes place on the appropriate conditions and subject to the above requirements. 6. Each Member State shall ensure that if a positive identification (hit) occurs against the Interpol database its competent authorities shall take action in accordance with their national law, e.g. verify, when appropriate, the correctness of the data with the country that introduced the data. Article 4 Monitoring and evaluation On the basis of information provided by the Member States, the Commission shall, by December 2005, submit a report to the Council on the operation of this Common Position. The Council shall assess the extent to which Member States comply with this Common Position and take the appropriate action. Article 5 Taking effect This Common Position shall take effect on the date of its adoption. Article 6 Publication This Common Position shall be published in the Official Journal of the European Union. Done at Brussels, 24 January 2005. For the Council The President F. BODEN

Summary: Exchange of certain data with Interpol Exchange of certain data with Interpol Gestohlene, verlorene oder unterschlagene Pässe und Blankopässe werden dazu verwendet, der Strafverfolgung zu entgehen und illegale Handlungen zu begehen, die die Sicherheit der Union und der einzelnen Mitgliedstaaten gefährden können. Ziel dieses Gemeinsamen Standpunkts ist die Verhütung und Bekämpfung von schweren und organisierten Straftaten einschließlich terroristischer Handlungen durch die Zusammenarbeit zwischen den Strafverfolgungsbehörden der Mitgliedstaaten sowie zwischen diesen und gleichartigen Behörden in Drittländern durch den Austausch von Passdaten mit Interpol. ACT Council Common Position 2005/69/JHA of 24 January 2005 on exchanging certain data with Interpol. SUMMARY One of the Union’s objectives is to provide citizens with a high level of safety and, therefore, it is essential to enhance cooperation between the Union’s law enforcement authorities. Issued or blank passports that are stolen, lost or misappropriated are used to elude law enforcement and to carry out illicit activities capable of jeopardising the security of the Union. To combat organised and international crime and terrorism, this Common Position meets the requirement to implement an integrated system for the exchange of information on stolen and lost passports making use of the Schengen Information System (SIS) and the Interpol STD database. All Member States are affiliated to the International Criminal Police Organisation – Interpol. This organisation receives, stores and circulates data to assist the competent law enforcement authorities in preventing and combating international crime. Its database on stolen travel documents allows Interpol’s members to share data on lost and stolen passports. The Common Position requires Member States’ competent law enforcement authorities to exchange certain non-personal data on stolen and lost passports with the other States who are members of Interpol by using the database on stolen travel documents. Europol ensures an adequate level of protection of personal data and also respects the fundamental rights and liberties regarding the automatic processing of personal data. Each Member State may agree with Interpol the modalities for exchanging all passport data. Such data are contained in the relevant national database, if it participates, or in the SIS. They also ensure that their competent law enforcement authorities query the Interpol database in accordance with this Common Position. The Commission will, submit a report to the Council on the operation of this Common Position by December 2005. The Council will assess the extent to which Member States comply with this Common Position and take the appropriate action. Key terms used in the act Passport data: data on issued and blank passports that are stolen, lost or misappropriated and formatted for integration in a specific information system. Interpol database: the automatic search facility for the stolen travel document database managed by the International Criminal Police Organisation (Interpol).Relevant national database: the police or judicial database or databases in a Member State that contain data on issued and blank passports that are stolen, lost or misappropriated. References Act Entry into force Deadline for transposition in the Member States Official Journal Council Common Position 2005/69/JHA - - OJ L 27 of 29.1.2005 RELATED ACTS Commission report on the application of Council Common Position 2005/69/JHA [COM (2006) 167]. As provided for in the Common Position, the Commission has presented its report on the application of the Common Position. Of the 25 Member States contacted, 18 participate in Interpol's STD database on stolen documents and provide the database with data on lost or stolen travel documents. However, the figures reported by Interpol show that, even though the EU is the main provider of information to the database on travel documents, it carries out only a small proportion of the searches. The report thus calls on the Member States to adopt a more pro-active approach, providing active encouragement to officials of the law enforcement authorities to use the database. last update 27.04.2007


EUR-Lex - 31970L0157 - EN Avis juridique important | 31970L0157 Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles Official Journal L 042 , 23/02/1970 P. 0016 - 0020 Finnish special edition: Chapter 15 Volume 1 P. 0117 Danish special edition: Series I Chapter 1970(I) P. 0095 Swedish special edition: Chapter 15 Volume 1 P. 0117 English special edition: Series I Chapter 1970(I) P. 0111 - 0116 Greek special edition: Chapter 13 Volume 1 P. 0061 Spanish special edition: Chapter 13 Volume 1 P. 0189 Portuguese special edition Chapter 13 Volume 1 P. 0189 COUNCIL DIRECTIVE of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (70/157/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof; Having regard to the proposal from the Commission; Having regard to the Opinion of the European Parliament (1); Having regard to the Opinion of the Economic and Social Committee (2); Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to the permissible sound level and the exhaust system; Whereas those requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type approval procedure which was the subject of the Council Directive (3) of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers to be applied in respect of each type of vehicle; HAS ADOPTED THIS DIRECTIVE: Article 1 For the purposes of this Directive, "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 kilometres per hour, with the exception of vehicles which run on rails, agricultural tractors and machinery and public works vehicles. Article 2 No Member State may refuse to grant EEC type approval or national type approval of a vehicle on grounds relating to the permissible sound level or the exhaust system if its sound level and exhaust system satisfy the requirements set out in the Annex. Article 3 The amendments necessary for adjusting the requirements of the Annex so as to take account of technical progress, with the exception of the requirements set out under items 1.1 and 1.4.1.4, shall be adopted in accordance with the procedure laid down in Article 13 of the Council Directive on the type approval of motor vehicles and their trailers. Article 4 1. Member States shall put into force the provisions containing the requirements needed in order to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof. 2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission. Article 5 This Directive is addressed to the Member States. Done at Brussels, 6 February 1970. For the Council The President P. HARMEL (1)OJ No C 160, 18.12.1969, p. 7. (2)OJ No C 48, 16.4.1969, p. 16. (3)OJ No L 42, 23.2.1970, p. 1. ANNEX I. PERMISSIBLE SOUND LEVELS I.1. Limits The sound level of the vehicles referred to in Article 1 of this Directive, when measured under the conditions set out in this Annex, may not exceed the following levels: >PIC FILE= "T0002112"> I.2. Measuring instruments The noise emitted by vehicles shall be measured by means of a sound-level meter of the type described in Publications 179,1st edition (1965), of the International Electrotechnical Commission. I.3. Conditions of measurement Measurements shall be made on unladen vehicles in a sufficiently silent and open area (ambient noise and wind noise at least 10 dB (A) below the noise being measured). That area may take the form, for instance, of an open space of 50-metre radius having a central part of at least 20-metre radius which is practically level, surfaced with concrete, asphalt or similar material, and not covered with powdery snow, tall grass, loose soil or ashes. The surface of the test track shall be such as not to cause excessive tyre noise. This condition applies only to measurement of the noise made by vehicles in motion. Measurement shall be carried out in fine weather with little wind. No person other than the observer taking the readings from the apparatus may remain near the vehicle or the microphone, as the presence of spectators near either the vehicle or the microphone may considerably affect the readings from the apparatus. Marked fluctuations of the pointer which appear to be unrelated to the characteristics of the general sound level shall be ignored in taking readings. I.4. Method of measurement I.4.1. Measurement of noise of vehicles in motion (for type approval) At least two measurements shall be made on each side of the vehicle. Preliminary measurements may be made for adjustment purposes but shall be disregarded. The microphone shall be situated 1.2 metres above ground level at a distance of 7.5 metres from the path of the vehicle's centre line, CC, measured along the perpendicular PP" to that line (Figure 1). Two lines AA" and BB", parallel to line PP" and situated respectively 10 metres forward and 10 metres rearward of that line, shall be marked out on the test track. Vehicles shall approach line AA" at a steady speed, as specified below. The throttle shall then be fully-opened as rapidly as practicable and held in the fully-opened position until the rear of the vehicle (1) crosses line BB" ; the throttle shall then be closed again as rapidly as possible. The maximum sound level recorded shall constitute the result of the measurement. I.4.1.1. Vehicles with no gearbox The vehicle shall approach line AA" at a steady speed corresponding to the lowest of the three following speeds: - an engine speed equal to three-quarters of the engine speed at which the engine develops its maximum power; - an engine speed equal to three-quarters of the maximum engine speed permitted by the governor; - 50 kilometres per hour. I.4.1.2. Vehicles with a manually operated gearbox I.4.1.2.1.- The second gear in the gearbox must be engaged if the vehicle is fitted with a two-speed, three-speed or four-speed gearbox; I.4.1.2.2.- The third gear in the gearbox must be engaged if the box has more than four gears; I.4.1.2.2.- if the transmission has a double gear ratio (transfer gearbox or two-speed rear axle assembly), the gearbox must be engaged in the ratio allowing the highest vehicle speed. The vehicle shall approach line AA" at a steady speed corresponding to the lowest of the following three speeds: - an engine speed equal to three-quarters of the engine speed at which the engine develops its maximum power; - an engine speed equal to three-quarters of the maximum engine speed permitted by the governor; - 50 kilometres per hour. I.4.1.3. Vehicles with an automatic gearbox The vehicle shall approach line AA" at a steady speed equal to the lowest of the following two speeds: - 50 kilometres per hour; - three quarters of the maximum speed. Where there is a choice, the "normal" selector position for town driving is to be used. I.4.1.4. Interpretation of results I.4.1.4.1. To take account of inaccuracies in the measuring instruments, the result obtained from each measurement shall be determined by deducting 1 dB (A) from the meter reading. I.4.1.4.2. The measurements shall be considered valid if the difference between two consecutive measurements on the same side of the vehicle does not exceed 2 dB (A). (1)If the vehicle includes a trailer or semi-trailer, these shall not be taken into account in determining when line BB" is crossed. I.4.1.4.3. The highest sound level measured shall constitute the test result. Should that result exceed by 1 dB (A) the maximum permissible sound level for the category of vehicle tested, two further measurements shall be made. Three of the four measurements thus obtained must fall within the prescribed limits. >PIC FILE= "T0002113"> I.4.2. Measurement of noise of stationary vehicles I.4.2.1. Position of sound-level meter Measurements shall be made at point X (shown in Figure 2) at a distance of 7 metres from the nearest surface of the vehicle. The microphone shall be situated 1.2 metres above ground level. I.4.2.2. Number of measurements At least two measurements shall be made. I.4.2.3. Vehicle test conditions The engine of a vehicle without a speed governor shall be run at three-quarters of the rpm speed at which, according to the vehicle manufacturer, it develops its maximum power. The rpm speed of the engine shall be measured by means of an independent instrument, e.g. a roller bed and a tachometer. If the engine is fitted with a governor preventing the engine from exceeding the speed at which it develops its maximum power, it shall be run at the maximum speed permitted by the governor. Before taking any measurements, the engine shall be brought to its normal running temperature. I.4.2.4. Interpretation of results All sound-level readings recorded shall be given in the report. The method used to calculate the engine power shall also be shown, where possible. The state of loading of the vehicle must also be given. The measurements shall be considered valid if the difference between two consecutive measurements on the same side of the vehicle does not exceed 2 dB (A). The maximum figure recorded shall constitute the result of the measurement. >PIC FILE= "T0002114"> II. EXHAUST SYSTEM (SILENCER) II.1. If the vehicle is fitted with a device designed to reduce the exhaust noise (silencer), the requirements of item II shall apply. If the inlet of the engine is fitted with an air filter which is necessary in order to ensure compliance with the permissible sound level, the filter shall be considered to be part of the silencer, and the requirements of item II shall also apply to that filter. II.2. A drawing of the exhaust system shall be annexed to the vehicle type approval certificate. II.3. The silencer must be marked with a reference to its make and type which is clearly legible and indelible. II.4. The use of fibrous absorbent material is permitted in the construction of silencers only if the following conditions are fulfilled: II.4.1. The fibrous absorbent material may not be placed in those parts of the silencer through which the gases pass. II.4.2. Suitable devices must ensure that the fibrous absorbent material is kept in place for the whole time that the silencer is being used. II.4.3. The fibrous absorbent material must be resistent to a temperature at least 20 % higher than the operating temperature which may occur in the region of the silencer where these fibrous absorbent materials are situated.

Summary: Motor vehicles with trailers: permissible sound level Motor vehicles with trailers: permissible sound level The aim of this directive is to implement European Union regulations relating to vehicle noise based on complete harmonisation. ACT Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles [Official Journal L 42 of 23.02.1970]. SUMMARY The Directives apply to any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, with the exception of vehicles that run on rails, agricultural and forestry tractors and all mobile machinery. The Directives lay down limits for the noise level of the mechanical parts and exhaust systems of the vehicles concerned. The limits range from 74 dB(A) for motor cars to 80 dB(A) for high-powered goods vehicles. Permissible values are drawn up for specific categories of vehicles: cars; public transport vehicles; goods vehicles. Member States are required to publish noise level values for type-approval by 1 October 1994. Hence Member States may not, for reasons relating to the permissible sound level and exhaust system: refuse or prohibit the sale, registration, placing on the market or use of vehicles which comply with the provisions of the Directive; prohibit the placing on the market of an exhaust system or technical unit if they correspond to a type in respect of which type-approval has been granted. Tax incentives granted by Member States to encourage new limits to be met in advance may be authorised if they are: non-discriminatory; for a limited period; of an amount which is significantly lower than the cost of the equipment fitted; applied to vehicles fitted with equipment which enables future European standards to be met in advance. Type-approval procedure for each type of vehicle, exhaust system and technical unit (silencer and replacement exhaust system): the application for EEC type-approval shall be submitted by the manufacturer or his authorized representative; it shall contain the information required by the existing Directives; different type-approval tests shall be provided for; where the type of vehicle, exhaust system or technical unit meets the test requirements, an EEC type-approval certificate shall be issued by the competent authority of the Member State in question. This Directive has been repealed by Regulation (EU) No 540/2014 with effect from 30.6.2027. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Directive 70/157/EEC 10.2.1970 10.8.1971 - 1.7.1973 OJ L 42 of 23.2.1970 Amending acts Entry into force Deadline for transposition in the Member States Official Journal Directive 73/350/EEC 16.11.1973 - OJ L 321 of 22.11.1973 Directive 77/212/EEC 10.3.1977 31.3.1977 OJ L 66 of 12.3.1977 Directive 81/334/EEC 28.4.1981 31.12.1981 OJ L 131 of 18.5.1981 Directive 84/372/EEC 5.7.1984 30.9.1984 OJ L 196 of 26.7.1984 Directive 84/424/EEC 4.9.1984 31.12.1984 OJ L 238 of 6.9.1984 Directive 87/354/EEC 29.6.1987 31.12.1987 OJ L 192 of 11.7.1987 Directive 89/491/EEC 25.7.1989 1.1.1990 OJ L 238 of 15.8.1989 Directive 92/97/EEC 16.11.1992 30.6.1993 OJ L 371 of 19.12.1992 Directive 96/20/EEC 3.5.1996 30.9.1996 OJ L 92 of 13.4.1996 Directive 99/101/EC 17.1.2000 31.3.2000 OJ L 334 of 28.12.1999 Directive2007/34/EC 5.7.2007 5.7.2007 OJ L 155 of 15.6.2007 Directive 2013/15/EU 1.7.2013 1.7.2013 OJ L 158 of 10.06.2013. RELATED ACT Regulation (EU) No 540/2014 of the European Parliament and of the Council on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC [Official Journal L 158 of 27.5.2014]. Last updated: 02.07.2014


6.12.2008 EN Official Journal of the European Union L 328/28 DIRECTIVE 2008/99/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 November 2008 on the protection of the environment through criminal law (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), Whereas: (1) According to Article 174(2) of the Treaty, Community policy on the environment must aim at a high level of protection. (2) The Community is concerned at the rise in environmental offences and at their effects, which are increasingly extending beyond the borders of the States in which the offences are committed. Such offences pose a threat to the environment and therefore call for an appropriate response. (3) Experience has shown that the existing systems of penalties have not been sufficient to achieve complete compliance with the laws for the protection of the environment. Such compliance can and should be strengthened by the availability of criminal penalties, which demonstrate a social disapproval of a qualitatively different nature compared to administrative penalties or a compensation mechanism under civil law. (4) Common rules on criminal offences make it possible to use effective methods of investigation and assistance within and between Member States. (5) In order to achieve effective protection of the environment, there is a particular need for more dissuasive penalties for environmentally harmful activities, which typically cause or are likely to cause substantial damage to the air, including the stratosphere, to soil, water, animals or plants, including to the conservation of species. (6) Failure to comply with a legal duty to act can have the same effect as active behaviour and should therefore also be subject to corresponding penalties. (7) Therefore, such conduct should be considered a criminal offence throughout the Community when committed intentionally or with serious negligence. (8) The legislation listed in the Annexes to this Directive contains provisions which should be subject to criminal law measures in order to ensure that the rules on environmental protection are fully effective. (9) The obligations under this Directive only relate to the provisions of the legislation listed in the Annexes to this Directive which entail an obligation for Member States, when implementing that legislation, to provide for prohibitive measures. (10) This Directive obliges Member States to provide for criminal penalties in their national legislation in respect of serious infringements of provisions of Community law on the protection of the environment. This Directive creates no obligations regarding the application of such penalties, or any other available system of law enforcement, in individual cases. (11) This Directive is without prejudice to other systems of liability for environmental damage under Community law or national law. (12) As this Directive provides for minimum rules, Member States are free to adopt or maintain more stringent measures regarding the effective criminal law protection of the environment. Such measures must be compatible with the Treaty. (13) Member States should provide information to the Commission on the implementation of this Directive, in order to enable it to evaluate the effect of this Directive. (14) Since the objective of this Directive, namely to ensure a more effective protection of the environment, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Directive, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. (15) Whenever subsequent legislation on environmental matters is adopted, it should specify where appropriate that this Directive will apply. Where necessary, Article 3 should be amended. (16) This Directive respects the fundamental rights and observes the principles as recognised in particular by the Charter of Fundamental Rights of the European Union, HAVE ADOPTED THIS DIRECTIVE: Article 1 Subject matter This Directive establishes measures relating to criminal law in order to protect the environment more effectively. Article 2 Definitions For the purpose of this Directive: (a) ‘unlawful’ means infringing: (i) the legislation adopted pursuant to the EC Treaty and listed in Annex A; or (ii) with regard to activities covered by the Euratom Treaty, the legislation adopted pursuant to the Euratom Treaty and listed in Annex B; or (iii) a law, an administrative regulation of a Member State or a decision taken by a competent authority of a Member State that gives effect to the Community legislation referred to in (i) or (ii); (b) ‘protected wild fauna and flora species’ are: (i) for the purposes of Article 3(f), those listed in: — Annex IV to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (3), — Annex I to, and referred to in Article 4(2) of, Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (4); (ii) for the purposes of Article 3(g), those listed in Annex A or B to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (5); (c) ‘habitat within a protected site’ means any habitat of species for which an area is classified as a special protection area pursuant to Article 4(1) or (2) of Directive 79/409/EEC, or any natural habitat or a habitat of species for which a site is designated as a special area of conservation pursuant to Article 4(4) of Directive 92/43/EEC; (d) ‘legal person’ means any legal entity having such status under the applicable national law, except for States or public bodies exercising State authority and for public international organisations. Article 3 Offences Member States shall ensure that the following conduct constitutes a criminal offence, when unlawful and committed intentionally or with at least serious negligence: (a) the discharge, emission or introduction of a quantity of materials or ionising radiation into air, soil or water, which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; (b) the collection, transport, recovery or disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including action taken as a dealer or a broker (waste management), which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; (c) the shipment of waste, where this activity falls within the scope of Article 2(35) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (6) and is undertaken in a non-negligible quantity, whether executed in a single shipment or in several shipments which appear to be linked; (d) the operation of a plant in which a dangerous activity is carried out or in which dangerous substances or preparations are stored or used and which, outside the plant, causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; (e) the production, processing, handling, use, holding, storage, transport, import, export or disposal of nuclear materials or other hazardous radioactive substances which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; (f) the killing, destruction, possession or taking of specimens of protected wild fauna or flora species, except for cases where the conduct concerns a negligible quantity of such specimens and has a negligible impact on the conservation status of the species; (g) trading in specimens of protected wild fauna or flora species or parts or derivatives thereof, except for cases where the conduct concerns a negligible quantity of such specimens and has a negligible impact on the conservation status of the species; (h) any conduct which causes the significant deterioration of a habitat within a protected site; (i) the production, importation, exportation, placing on the market or use of ozone-depleting substances. Article 4 Inciting, aiding and abetting Member States shall ensure that inciting, aiding and abetting the intentional conduct referred to in Article 3 is punishable as a criminal offence. Article 5 Penalties Member States shall take the necessary measures to ensure that the offences referred to in Articles 3 and 4 are punishable by effective, proportionate and dissuasive criminal penalties. Article 6 Liability of legal persons 1. Member States shall ensure that legal persons can be held liable for offences referred to in Articles 3 and 4 where such offences have been committed for their benefit by any person who has a leading position within the legal person, acting either individually or as part of an organ of the legal person, based on: (a) a power of representation of the legal person; (b) an authority to take decisions on behalf of the legal person; or (c) an authority to exercise control within the legal person. 2. Member States shall also ensure that legal persons can be held liable where the lack of supervision or control, by a person referred to in paragraph 1, has made possible the commission of an offence referred to in Articles 3 and 4 for the benefit of the legal person by a person under its authority. 3. Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, inciters or accessories in the offences referred to in Articles 3 and 4. Article 7 Penalties for legal persons Member States shall take the necessary measures to ensure that legal persons held liable pursuant to Article 6 are punishable by effective, proportionate and dissuasive penalties. Article 8 Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 26 December 2010. When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive and a table indicating the correlation between those provisions and this Directive. Article 9 Entry into force This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Article 10 Addressees This Directive is addressed to the Member States. Done at Strasbourg, 19 November 2008. For the European Parliament The President H.-G. PÖTTERING For the Council The President J.-P. JOUYET (1) OJ C 10, 15.1.2008, p. 47. (2) Opinion of the European Parliament of 21 May 2008 (not yet published in the Official Journal) and Council Decision of 24 October 2008. (3) OJ L 206, 22.7.1992, p. 7. (4) OJ L 103, 25.4.1979, p. 1. (5) OJ L 61, 3.3.1997, p. 1. (6) OJ L 190, 12.7.2006, p. 1. ANNEX A List of Community legislation adopted pursuant to the EC Treaty, the infringement of which constitutes unlawful conduct pursuant to Article 2(a)(i) of this Directive — Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles (1), — Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles (2), — Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils (3), — Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water (4), — Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (5), — Council Directive 77/537/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in wheeled agricultural or forestry tractors (6), — Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry (7), — Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (8), — Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (9), — Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry (10), — Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges (11), — Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis industry (12), — Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants (13), — Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclohexane (14), — Council Directive 85/203/EEC of 7 March 1985 on air quality standards for nitrogen dioxide (15), — Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (16), — Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC (17), — Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos (18), — Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms (19), — Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (20), — Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (21), — Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (22), — Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (23), — Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (24), — Council Directive 92/112/EEC of 15 December 1992 on procedures for harmonising the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry (25), — Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft: the provisions amended by Directive 2003/44/EC (26), — European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (27), — European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations (28), — Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail (29), — Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (30), — Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management (31), — Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (32), — Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (33), — Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (34), — Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (35), — Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels (36), — Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (37), — Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations (38), — Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air (39), — Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (40), — Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels (41), — Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end of life vehicles (42), — Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (43), — Directive 2000/69/EC of the European Parliament and of the Council of 16 November 2000 relating to limit values for benzene and carbon monoxide in ambient air (44), — Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste (45), — Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (46), — Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms (47), — Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (48), — Directive 2002/3/EC of the European Parliament and of the Council of 12 February 2002 relating to ozone in ambient air (49), — Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (50), — Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (51), — Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (52), — Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents (53), — Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants (54), — Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (55), — Commission Directive 2005/78/EC of 14 November 2005 implementing Directive 2005/55/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Annexes I, II, III, IV and VI thereto (56), — Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality (57), — Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (58), — Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (59), — Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries (60), — Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles (61), — Directive 2006/44/EC of the European Parliament and of the Council of 6 September 2006 on the quality of fresh waters needing protection or improvement in order to support fish life (62), — Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators (63), — Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (64), — Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases (65), — Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (66), — Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (67), — Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply (68), — Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (69). (1) OJ L 76, 6.4.1970, p. 1. (2) OJ L 190, 20.8.1972, p. 1. (3) OJ L 194, 25.7.1975, p. 23. (4) OJ L 31, 5.2.1976, p. 1. (5) OJ L 262, 27.9.1976, p. 201. (6) OJ L 220, 29.8.1977, p. 38. (7) OJ L 54, 25.2.1978, p. 19. (8) OJ L 33, 8.2.1979, p. 36. (9) OJ L 103, 25.4.1979, p. 1. (10) OJ L 81, 27.3.1982, p. 29. (11) OJ L 291, 24.10.1983, p. 1. (12) OJ L 74, 17.3.1984, p. 49. (13) OJ L 188, 16.7.1984, p. 20. (14) OJ L 274, 17.10.1984, p. 11. (15) OJ L 87, 27.3.1985, p. 1. (16) OJ L 181, 4.7.1986, p. 6. (17) OJ L 181, 4.7.1986, p. 16. (18) OJ L 85, 28.3.1987, p. 40. (19) OJ L 117, 8.5.1990, p. 1. (20) OJ L 135, 30.5.1991, p. 40. (21) OJ L 230, 19.8.1991, p. 1. (22) OJ L 375, 31.12.1991, p. 1. (23) OJ L 377, 31.12.1991, p. 20. (24) OJ L 206, 22.7.1992, p. 7. (25) OJ L 409, 31.12.1992, p. 11. (26) OJ L 214, 26.8.2003, p. 18. (27) OJ L 365, 31.12.1994, p. 10. (28) OJ L 365, 31.12.1994, p. 24. (29) OJ L 235, 17.9.1996, p. 25. (30) OJ L 243, 24.9.1996, p. 31. (31) OJ L 296, 21.11.1996, p. 55. (32) OJ L 10, 14.1.1997, p. 13. (33) OJ L 59, 27.2.1998, p. 1. (34) OJ L 61, 3.3.1997, p. 1. (35) OJ L 123, 24.4.1998, p. 1. (36) OJ L 350, 28.12.1998, p. 58. (37) OJ L 330, 5.12.1998, p. 32. (38) OJ L 85, 29.3.1999, p. 1. (39) OJ L 163, 29.6.1999, p. 41. (40) OJ L 182, 16.7.1999, p. 1. (41) OJ L 121, 11.5.1999, p. 13. (42) OJ L 269, 21.10.2000, p. 34. (43) OJ L 327, 22.12.2000, p. 1. (44) OJ L 313, 13.12.2000, p. 12. (45) OJ L 332, 28.12.2000, p. 91. (46) OJ L 244, 29.9.2000, p. 1. (47) OJ L 106, 17.4.2001, p. 1. (48) OJ L 309, 27.11.2001, p. 1. (49) OJ L 67, 9.3.2002, p. 14. (50) OJ L 37, 13.2.2003, p. 19. (51) OJ L 37, 13.2.2003, p. 24. (52) OJ L 23, 26.1.2005, p. 3. (53) OJ L 104, 8.4.2004, p. 1. (54) OJ L 158, 30.4.2004, p. 7. (55) OJ L 275, 20.10.2005, p. 1. (56) OJ L 313, 29.11.2005, p. 1. (57) OJ L 64, 4.3.2006, p. 37. (58) OJ L 64, 4.3.2006, p. 52. (59) OJ L 114, 27.4.2006, p. 9. (60) OJ L 102, 11.4.2006, p. 15. (61) OJ L 161, 14.6.2006, p. 12. (62) OJ L 264, 25.9.2006, p. 20. (63) OJ L 266, 26.9.2006, p. 1. (64) OJ L 372, 27.12.2006, p. 19. (65) OJ L 161, 14.6.2006, p. 1. (66) OJ L 190, 12.7.2006, p. 1. (67) OJ L 171, 29.6.2007, p. 1. (68) OJ L 316, 4.12.2007, p. 6. (69) OJ L 24, 29.1.2008, p. 8. ANNEX B List of Community Legislation adopted pursuant to the Euratom Treaty, the infringement of which constitutes unlawful conduct pursuant to Article 2(a)(ii) of this Directive — Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation (1); — Council Directive 2003/122/Euratom of 22 December 2003 on the control of high-activity sealed radioactive sources and orphan sources (2); — Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel (3). (1) OJ L 159, 29.6.1996, p. 1. (2) OJ L 346, 31.12.2003, p. 57. (3) OJ L 337, 5.12.2006, p. 21.

Summary: European Union law against environmental crime European Union law against environmental crime SUMMARY OF: Directive 2008/99/EC – protecting the environment by means of criminal law WHAT IS THE AIM OF THE DIRECTIVE? It defines a number of serious offences that harm the environment. It requires EU Member States to introduce effective and proportionate penalties constituting a deterrent for such offences, regardless of whether they are committed intentionally or through serious negligence. KEY POINTS Types of unlawful* behaviour harmful to human health or the environment that are subject to penalties include: discharging, emitting or otherwise releasing dangerous materials into the air, soil or water; collecting, transporting, recovering or disposing of hazardous waste; shipping noticeable quantities of waste; operating an industrial plant that conducts dangerous activities or stores dangerous substances (e.g. factories producing paints or chemicals); manufacturing, treating, storing, using, transporting, importing, exporting or disposing of nuclear material and hazardous radioactive materials; killing, possessing or trafficking in noticeable amounts of protected animal and plant species; damaging protected habitats; producing, trading in or using substances that deplete the ozone layer (e.g. chemicals in fire extinguishers or cleaning solvents). Penalties Member States must ensure that the offences or types of unlawful behaviour listed in Article 3 of the directive are punishable by effective and proportionate criminal penalties constituting a deterrent and applicable to individuals. Member States must establish that legal persons* can be held liable for offences committed for their benefit by individuals acting in a leading position based on a power of representation, on an authority to take decisions on behalf of the legal person or to exercise control within the legal person. Legal persons are also held liable if the lack of supervision or control by such an individual in a leading position has made it possible to commit the offence. Liability of legal persons does not exclude criminal proceedings against individuals who are perpetrators, inciters or accessories in the offence referred to in the directive. Depending on the legal system applicable in the Member State concerned, the liability of legal persons may be criminal or non-criminal. This directive builds upon Directive 2004/35/EC (see summary), which lays down rules on environmental liability as regards preventing and remedying environmental damage. Member States are responsible for prosecuting environmental crime. Because legal systems differ among Member States, criminals can exploit any lack of cooperation and coordination between national authorities. Networks of environmental professionals, such as the EU Network for the Implementation and Enforcement of Environmental Law, the EU Forum of Judges for the Environment and the European Network of Prosecutors for the Environment, play an important role in sharing best practices and developing methodologies for effective enforcement. Review The directive is currently being revised. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 26 December 2008 and had to become law in the Member States by 26 December 2010. BACKGROUND For further information, see: Combating environmental crime (European Commission). KEY TERMS Unlawful. In this context, refers to breach of EU or national laws that give effect to the EU legislation referred to in the Annexes to Directive 2008/99/EC. Legal person. A non-human entity, such as a company, that is treated as a person for limited legal purposes. A legal person can sue, be sued, own property and enter into contracts. MAIN DOCUMENT Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, pp. 28–37). RELATED DOCUMENTS Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, pp. 56–75). Successive amendments to Directive 2004/35/EC have been incorporated into the original document. This consolidated version is of documentary value only. last update 14.02.2022