BRITISH legal experts said last night that proposals to create pan-European criminal laws could pave the way for other areas of activity — from production of cosmetics to financial services and consumer protection laws.

However, they were at pains to emphasise that no criminal sanctions could be introduced by member states without the approval of the majority and through democratic treaty procedures.

Philip Ruttley, a partner in the EC/competition department at Clyde & Co, a London law firm, said: “The European Court's ruling does not give the Commission powers to jail people for ‘green crimes’. Any laws involving criminal sanctions will have to be adopted and passed by the national parliaments of each member state. All the Commission can do is to propose new laws for the member states to adopt."

Lawyers agreed, however, that in principle, many activities could now be made subject to criminal penalties, some for the first time. Michael Renouf, Law Society council member with responsibility for European community matters, said that it is not a question of legislation being imposed by the Commission itself. But he agreed that it was also a different position from that in which member states had power to decide what criminal sanctions they would impose themselves.

Mr Renouf said: “Some businesses are going to be concerned about the potential for criminal sanctions for breaches of the law. But many of these areas already have criminal sanctions at national levels.”

He said that beyond the immediate areas of law mentioned by the Commission, it could go on to looking at the Common Agricultural Policy, fisheries’ policy, transport, intellectual property and trademarks, the production of cosmetics and a wide range of health and safety matters.

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