New EU rules to sanction maritime polluters

Tomorrow, the Council of Ministers is expected to adopt formally two pieces of legislation that aim at combating ship-source pollution through a system of sanctions in case of intentional acts or serious negligence. This legislation, proposed two years ago by the European Commission (IP/03/316), will put in place effective and dissuasive sanctions throughout Europe against ship-source pollution, including in the high seas. “Illegal discharges and serious negligence must be fought at all cost: the threat of criminal sanctions will help to protect our coasts”, said Jacques Barrot, Vice-President responsible for transport. “We can no longer tolerate intentional pollution or serious negligence by a small minority of operators who do not comply with international standards and tarnish the image of the maritime industry.

Vice-President Franco Frattini, responsible for Justice, Freedom and Security, highlighted the added value of a European approach to fight against ship-source pollution. In particular, he stressed that for the first time all 25 Member States had agreed to criminalise the most serious conduct and provide for corresponding criminal sanctions. New harmonised minimum levels of maximum financial penalties applicable to legal persons represent a ten-fold increase as compared to the current fines available at national level in some Member States. “Although I personally regret that unanimity could not be reached between the Member States to agree on a common position with regards to prison sentencing, most Member States already provide for imprisonment in such cases and the Commission aims to present a new proposal in five years time on this issue based on the practical application of the instrument”, added the Vice President.

The Directive 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 these infringements will have to be regarded as criminal offences, subject to criminal penalties.

The Directive tackles discharges in all sea areas including the high seas. It is enforceable for all ships calling to 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 Framework Decision also contains special rules on jurisdiction.

The Directive furthermore aims at enhancing cooperation among Member States 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.

Please refer to the series of Questions & Answers (MEMO/05/244).

To the attention of audiovisual media:

Available by Commission Audiovisual services:

-One Memoclip based on archives pictures (Erika Prestige)

-One Infoclip based on pictures shot in 2003 during the fight against

The Prestige pollution, and on the pollution caused by the Tricolor in sept 2003

Copies: tel. Front Desk : +32.2.2964105