Page 77 - AEI Insights 2020 - Vol. 6, Issue 1

Bajrektarevic, 2020b

(a) “Assist States:
i) To improve progressively their environmental standards at the global, or regional
or sub regional level;
ii) To promote coherence between environmental law and other laws, both at domestic
and international levels, to ensure that they are mutually supportive and
complementary, and that the environmental protection is an integral part of
sustainable development;
iii) To study the ways in which developing countries have integrated environmental
policy into their governmental processes and advise Governments as appropriate;
iv) To promote the ecosystem approach as a means of ensuring coherent
implementation of international agreements, including through capacity-building
activities;
(b) Conduct studies on the legal aspects of, obstacles to and opportunities for consolidating
and rationalizing the implementation of multilateral environmental agreements, so as
to avoid duplication of their work and functions;
(c) Upon request of negotiating States, provide an analysis of linkages between agreements
under negotiation and the existing agreements;
(d) Conduct studies to assist relevant conferences of the parties to multilateral
environmental agreements to take action to improve ways of harmonizing and
otherwise rationalizing the reporting obligations in multilateral environmental
agreements;
(e) Enhance cooperation and coordination among the secretariats and conferences of the
parties to relevant multilateral environmental agreements in order to have more
coordinated activities and procedures;
(f) Promote synergies in the implementation of related multilateral environmental
agreements at the national and regional levels”.
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• DELC Capacity Building Programmes for the Judiciary
• Directive 2008/99/EC =Environmental Crime Directive
• Ship-Source Pollution Directive
• International Convention for Prevention and Pollution from Ships (MARPOL)
Convention
• Directive 2004/35/EC on environmental liability – polluter pays principle was
introduced
• Directive on Market Abuse - Directive 2014/57/EU - requires Member States to ensure
that certain offences are punishable with a defined maximum term of imprisonment; it
also obligates Member States to adopt rules on the liability of legal persons
• Article 83(1) TFEU and Article 83(2) TFEU:
o Article 83(1) TFEU lists ten crimes (so-called Euro Crimes) which are deemed
to have sufficient cross-border impact that the EU can set minimum rules in
their regard. These are: terrorism; trafficking in human beings; sexual
exploitation of women and children; illicit drug trafficking; illicit arms
trafficking; money laundering; corruption; counterfeiting of means of payment;
computer crime and organized crime. Environmental crime is not on the list;
however, the article goes on to state that “on the basis of developments in crime”

17 UNEP (2010): Fourth Programme for the Development and Periodic Review of Environmental Law
https://wedocs.unep.org/bitstream/handle/20.500.11822/25474/MontevideoIV.pdf?sequence=1&isAllowed=y (accessed on
24.09.2019)

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