EU agrees criminal sanctions for ship pollution

Environment Daily 1826, 22/02/05

EU governments and MEPs have agreed legislation to make intentional, reckless or seriously negligent polluting discharges by ships a criminal offence subject to tougher and harmonised sanctions.

Under a compromise, individuals or firms found guilty of the crimes could spend up to five years in prison or have to pay fines of up to €1.5m.  The legislation goes beyond sanctions applicable under international law through the Marpol convention.

 The sanctions are to be introduced through two linked laws.  The first is an EU directive defining the types of pollution incident deemed serious infringements.  A second-reading deal between the council of ministers and the European parliament's rapporteur has been hammered out this month.  It should be approved by MEPs this week, and then the council.

The second is a "council framework decision" already agreed by governments last year.  This stipulates that the infringements should be seen as criminal acts throughout the EU and lays down appropriate sanctions for each offence.  It was agreed after proposed sanctions were weakened under pressure from the EU's major shipping states.

Governments insisted on using the framework decision - a mechanism that shuts out Commission and parliament influence - because it believes criminal law should be dealt with under the EU's so-called "third pillar".  A similar use of the third pillar triggered a legal action from MEPs and the Commission two years ago.

The new criminal framework for ship-source pollution will apply to internal waters, ports and territorial waters within 12 miles of the EU's coastline.  Beyond this the Marpol convention will continue to apply.

* In a separate development, EU efforts to present a united front in negotiations next month to amend the International oil pollution compensation fund (IOPCF) have again been stymied.  Greece, Cyprus and Malta want only minor changes to the fund's rules, which are considered to penalise oil companies disproportionately more than ship owners.

Other member states want deeper changes.

Follow-up: EU council of ministers http://www.consilium.eu.int/