Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-05-21-Speech-3-130"

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"Mr President, once again, thank you very much. With your permission I would like to give the following statement on behalf of the Council. We have considered the following amendment which the European Parliament's Committee on Legal Affairs has adopted. It is the new recital 12a. I quote: ‘Where a continuing activity proves after a lapse of time to give rise to environmental damage which may in turn give rise to criminal liability under this Directive, the question whether or not the perpetrator of the damage acted intentionally or negligently should be determined by reference to the time when the perpetrator became aware, or should have been aware, of the facts constituting the offence and not to the time when the perpetrator commenced its activity. It should be borne in mind in this connection that the prior grant of an authorisation, licence or concession should not constitute a defence in such circumstances.’ End of quote. We understand the intentions that have been expressed in this amendment. These matters belong under the competence of the Member States. We believe that the Member States will duly take into consideration these intentions. Thank you."@en1
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