Doc. 8143

17 June 1998

Further action to be taken by the Council of Europe in the field of environment protection

Motion for a recommendation

presented by Mr. Rise and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

1.       In its Opinion 204 (1998) the Assembly welcomes the draft Convention on the protection of the environment through criminal law which is important to initiate legislation concerning the criminal liability both of individuals and of corporate entities.

2.       This draft convention very usefully complements the European Convention on Civil Liability for Damage resulting from Activities Dangerous to the Environment which was concluded in 1994 in the framework of the Council of Europe.

3.       The Assembly believes that the Council of Europe has an important role to play in the protection of the environment. It should, in close cooperation with the European Union, consider what measures may usefully be taken in the context of its 40 member states.

4.       These measures could be legal and others, including those of a practical nature.

5.       Incidents of oil pollution caused by ship wrecks, the Chernobyl disaster and the pollution of Norwegian lakes by acid rain originating overseas, clearly show that there are no frontiers for pollution.

6.       There is therefore further need for international cooperation which, in Europe, should cover the whole of the continent.

7.       The Assembly thus recommends that the Committee of Ministers step up the work on environment protection within the Council of Europe by studying:

i.       what further action may be taken to complement the two conventions mentioned above;

ii.       in particular, what may be done for the introduction of the liability of states in cases of transfrontier pollution;

iii.       the introduction of an effective early-warning system whenever there is a danger of serious and dangerous transfrontier pollution.

Signed¹:

Rise, Norway, EPP/CD

Akçali, Turkey, EDG

Besostri, Italy, SOC

Blunck, Germany, SOC

Briane, France, EPP/CD

Chircop, Malta, SOC

Feldmann, Germany, LDR

Kittis, Cyprus, LDR

Kukk, Estonia, EPP/CD

Luczak, Poland, EPP/CD

O’Hara, United Kingdom, SOC

Prosser, United Kingdom, SOC

Rados, Croatia, LDR

Regenwetter, Luxembourg, SOC

Risari, Italy, EPP/CD

Vella, Malta, EPP/CD

Woltjer, Netherlands, SOC

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic and Reformers Group

LDR: Liberal, Democratic and Reformers Group

      UEL: Group of the Unified European Left

      NR: not registered in a group