EU adopts new rules to sanction maritime polluters

The European Union has formally adopted rules aimed at combating ship-source pollution through a system of sanctions in case of intentional acts or serious negligence.

The rules, proposed two years ago by the European Commission, will put in place effective and dissuasive sanctions against ship-source pollution, including in the high seas.

Malta, together with Greece and Cyprus, had strongly contested the Commission's original proposals and managed to secure significant changes even if these are not completely to its satisfaction.

The issues raised were about the relationship between the framework decision and the Marpol (convention for the prevention of pollution from ships) and Unclos (United Nations convention of the law of the sea) conventions, the need for the introduction of a ceiling regarding the maximum fines to be imposed and the question of jurisdiction for offences committed outside the territory of a member state.

Malta, Cyprus and Greece argued that as proposed originally, the rules penalised their merchant fleets by going further than international agreements applicable to competitors outside the EU. Changes were eventually introduced.

The three Mediterranean countries have the three biggest merchant shipping registers in the EU.

The new directive now establishes that marine pollution by ships is an infringement. Sanctions will be applicable to any person - including the master, the owner, the operator, the charter of a ship or the classification society - who has been found to have caused or contributed to illegal pollution intentionally or by means of serious negligence. In the most serious cases, the framework decision provides that such infringements will have to be regarded as criminal offences, subject to criminal penalties.

The directive tackles discharges in all areas including the high seas. It is enforceable on all ships calling at EU ports irrespective of their flag.

The scheme also provides for cooperation between port state authorities which will make it possible for proceedings to be initiated in the next port of call.

The directive also aims at enhancing cooperation among member states in order to detect illegal discharges and to develop methods to identify a discharge as originating from a particular ship. The European Maritime Safety Agency will assist the Commission and member states to that end. In this context, the European Parliament and the Council have decided to consider in the near future how to reinforce synergies between enforcement authorities such as national coastguard services.

Cooperation is also enhanced in the criminal justice area. The framework decision provides for a mutual mechanism of information exchange among EU member states if one of them is aware of the risk of a criminal offence in another's territory.