Case C-440/05 Commission v Council [2007] ECR I-9097

Follow up case to the previous one. Art. 80(2) allows the council to make provisions relating to transport, but does not list any limitations on that power. Equally requirements relating to environmental protection must be integrated into the implementation and definition of Community policies. Therefore, under art. 80(2) it can promote environmental protection, and create criminal laws relating to it. Under Article 47 EU, none of the provisions of the EC Treaty is to be affected by a provision of the EU Treaty. Thus the application of criminal law cannot be rendered exclusive to the 3rd pillar. 

 

Art 47 EU: Subject to the provisions amending the Treaty establishing the European Economic Community with a view to establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community, and to these final provisions, nothing in this Treaty shall affect the Treaties establishing the European Communities or the subsequent Treaties and Acts modifying or supplementing them.