EU to decide on new maritime pollution sanctions today

EU justice and home affairs ministers will be meeting today in Luxembourg in order to decide on whether to approve a new framework decision to complete in the penal context the directive on which the Transport Council obtained a common decision at the beginning of October on ship-source pollution.

The EU's aim is to strengthen the criminal law framework on the law against ship-source pollution. However Malta, Greece and Cyprus - which have the three biggest shipping registers in the EU - are strongly against the EU proposals and are expected to vote against.

Sources close to the council told The Times that the argument being used by the three countries is that the proposed EU provisions contravene international conventions on maritime pollution, known as Marpol, and law at sea. Approval of the framework decision needs unanimity, which is highly unlikely if no compromise is agreed.

The fight against international or negligent ship-source pollution is among the EU's priorities.

To this end the EU Council has already reached a common position on ship-source pollution and the introduction of sanctions, including criminal sanctions, for pollution offences with the aim of approximating national legislation with regard to the definition of the relevant offences and commission, participation and incitement, on the one hand, and the nature, possibly criminal, of the penalties that can be imposed. It also contains technical and operational supporting measures.

The purpose of the framework decision that will be discussed today is therefore to supplement the directive agreed already by the Council in June with detailed rules in criminal matters. The EU wants these new measures to be introduced as soon as possible in the aftermath of the Prestige oil disaster.

Malta will be represented at the Council by Deputy Prime Minister Tonio Borg.