BETA


2023/0171(COD) Ship-source pollution and introduction of penalties

Progress: Awaiting signature of act

RoleCommitteeRapporteurShadows
Lead TRAN MARINESCU Marian-Jean (icon: EPP EPP) CERDAS Sara (icon: S&D S&D), RASMUSSEN Bergur Løkke (icon: Renew Renew), PAULUS Jutta (icon: Verts/ALE Verts/ALE), FIDANZA Carlo (icon: ECR ECR), CHAIBI Leila (icon: GUE/NGL GUE/NGL)
Committee Opinion BUDG
Committee Opinion ENVI
Committee Opinion PECH MONTEIRO DE AGUIAR Cláudia (icon: EPP EPP) Ana MIRANDA (icon: Verts/ALE Verts/ALE), Catherine CHABAUD (icon: RE RE), Raffaele STANCANELLI (icon: ECR ECR), Predrag Fred MATIĆ (icon: S&D S&D)
Committee Opinion JURI
Committee Opinion LIBE
Lead committee dossier:
Legal Basis:
TFEU 100-p2

Events

2024/04/10
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 583 votes to 27, with 12 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences.

The position adopted by the European Parliament at first reading under the ordinary legislative procedure is as follows:

Purpose

The purpose of the proposed Directive is to incorporate into Union law international standards on pollution from ships and to ensure that any company or other legal or natural person liable for illegal discharges of polluting substances is subject to dissuasive, effective and proportionate administrative penalties in order to improve maritime safety and to enhance protection of the marine environment from pollution from ships.

Each Member State should take all necessary measures to ensure that any company, or other legal or natural person having committed an infringement is held liable.

Enforcement measures in respect of ships in a port of a Member State

If irregularities or information give rise to a suspicion that a ship which is voluntarily within a port or at an off-shore terminal of a Member State has been engaged in or is engaging in a discharge of polluting substances into any of the areas referred to in the Directive, that Member State should ensure that an appropriate inspection or other appropriate action, taking into account the relevant guidelines adopted by the IMO, is undertaken in accordance with its national law. If so far as the inspection reveals facts that could indicate an infringement, the Member State concerned should apply the provisions of this Directive. The competent authorities of that Member State and of the flag State should be informed.

Administrative penalties

Member States should ensure that administrative penalties introduced in transposition of this Directive include fines which are imposed on the company held liable for the infringement.

Where the legal system of the Member State does not provide for administrative penalties, it should be possible to apply this measure in such a manner that the penalties, including the fines, are initiated by the competent authority and imposed by competent national courts, while ensuring that those legal remedies are effective and have an equivalent effect to the administrative fines imposed by competent authorities. In any event, the penalties imposed should be effective, proportionate and dissuasive .

Exchange of information and experience

The Member States and the Commission, with the assistance of the European Maritime Safety Agency (EMSA), should cooperate in the exchange of information.

In order to ensure the effective monitoring of this Directive’s implementation by all Member States, a digital analysis of all high-confidence alerts should be ensured by each Member State within the first three years from the transposition of this Directive. Within that timeframe, all Member States should also indicate whether or not they verify those high-confidence alerts sent by CleanSeaNet every year, striving to verify at least 25 % of those high-confidence alerts. In that context, verification means any follow-up actions by competent authorities of an alert sent by CleanSeaNet to determine whether the alert in question corresponds to an illegal discharge. If a Member State does not verify an alert, it should indicate the reasons for not doing so.

Information on major ship-source pollution incidents is disseminated to the fishing and coastal communities concerned in a timely manner.

The Commission should provide for the organisation of exchange of experiences and best practices between Member States' national competent authorities on how to ensure an effective determination and application of penalties. On the basis of that exchange of information, the Commission may propose guidelines, including on types of polluting substances and sensitive areas of concern.

Publication of information

Based on information reported by Member States, the Commission should make publicly available a regularly updated Union-wide overview on the implementation and enforcement of this Directive, upon the conclusion of the administrative and legal proceedings, when applicable. To the extent that information relating to penalties includes personal data or commercially sensitive information, such information should be anonymised.

As part of the evaluation and review of this Directive, the Commission should assess the verification rates of Member States and should envisage to propose, if appropriate, verification rates higher than foreseen in this Directive, based on technological developments and the particular circumstances and capabilities of Member States.

Documents
2024/03/04
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2024/02/28
   CSL - Coreper letter confirming interinstitutional agreement
2024/02/28
   EP - Text agreed during interinstitutional negotiations
Documents
2024/02/28
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2023/11/22
   EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2023/11/20
   EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/11/17
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Transport and Tourism adopted the report by Marian-Jean MARINESCU (EPP, RO) on the proposal for a directive of the European Parliament and of the Council amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences.

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Exceptions

A discharge of polluting substances into any of the areas referred to in the directive should not be regarded as an infringement if the discharge was immediately reported to the authorities after its occurrence. Moreover, Members stated that the company, the master, or the crew should provide documentary evidence or logs detailing the precautions taken to prevent or minimise the discharge upon request by relevant authorities.

Easy access to the full and updated texts of International Maritime Organization (IMO) conventions

Members aim to ensure that all interested parties have easy access to the full and updated texts of International Maritime Organization (IMO) conventions. If by one year from the date of entry into force of this amending Directive the IMO has not published the full texts of all its conventions, including Marpol 73/78 and its related annexes, on its website, accessible to users free of charge, the Commission should adopt, within 3 months, a delegated act amending this Directive, by adding a new Annex with the full text of Marpol 73/78 and those of its annexes referred to in this Directive.

Penalties

In the case that it is proven that the master or, if not acting under the responsibility of the master, the crew was responsible for the commission of the relevant infringement, Member States should ensure that penalties are imposed to such persons in accordance with the provisions of this Directive. In the event, however, that the master or crew responsible for the commission of the relevant infringement can no longer be found or cannot afford to pay the full amount of the penalty, the company should remain responsible as a last resort , for the payment of the full amount or of the remainder of the penalty .

The report proposed that Member States should ensure that, when determining and applying the type and level of administrative penalty to a natural or legal person found by competent authorities to be responsible for an infringement, the competent authorities take into account all relevant circumstances of the infringement, including: the extent of the damage caused by the discharge to marine life, including fish populations, and its subsequent impact on fishing activities and coastal communities.

Member States should not set or apply any ‘maximum administrative penalties’ or ‘minimum administrative penalties’ for infringements under this Directive that would be too low to ensure the deterrent nature, proportionality and effectiveness of these penalties.

Verifications

To clarify and increase the level of verification, Members propose that Member States should thoroughly analyse 100% of the alerts that they receive from CleanSeaNet every year and that they carry out on the spot verifications of at least 50% of those alerts (as opposed to Commission’s proposed 10%).

To avoid clearly unnecessary on-the spot-verifications, manifest false alarms, if revealed during the analysis of the imagery, can be subtracted from this objective. Responsible authorities should conduct verifications on the spot as quickly as possible, to prevent an illegal discharge from dispersing and therefore becoming undetectable by the time of arrival on the spot.

Reporting

In order to be able to tackle the problem of ocean container pollution more effectively at European level, the new reporting obligations to IMO under chapter 5 of the International Convention for the Safety of Life at Sea (SOLAS) should not remain limited to IMO level. Member States should also report on this issue to the European Commission and EMSA on a yearly basis.

Documents
2023/11/16
   EP - Vote in committee, 1st reading
2023/11/16
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2023/11/15
   EP - Committee opinion
Documents
2023/10/05
   IT_CHAMBER - Contribution
Documents
2023/09/25
   EP - Amendments tabled in committee
Documents
2023/09/20
   ESC - Economic and Social Committee: opinion, report
Documents
2023/09/12
   EP - MONTEIRO DE AGUIAR Cláudia (EPP) appointed as rapporteur in PECH
2023/09/04
   EP - Committee draft report
Documents
2023/07/10
   EP - Committee referral announced in Parliament, 1st reading
2023/07/07
   EP - MARINESCU Marian-Jean (EPP) appointed as rapporteur in TRAN
2023/06/01
   EC - Document attached to the procedure
2023/06/01
   EC - Document attached to the procedure
Documents
2023/06/01
   EC - Document attached to the procedure
2023/06/01
   EC - Legislative proposal published
Details

PURPOSE: to amend Directive 2005/35/EC on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Directive 2005/35/EC on ship-source pollution (SSP Directive) deals with penalties for illegal discharges of oil and noxious liquid substances from ships to the sea. Illegal, means anything that does not meet MARPOL standards (MARPOL - Convention for the Prevention of Pollution from Ships).

The Directive successfully contributed to the incorporation of the international rules for ship-source pollution into EU law and improved the detection of possible pollution from ships. In particular, the Directive was the impetus behind the creation of the CleanSeaNet service - an EU-wide oil monitoring system using satellite surveillance hosted by the European Maritime Safety Agency (EMSA). However, offenders discharging polluting substances illegally are not always identified , and therefore rarely penalised.

A number of issues have been identified as problematic: (i) the current scope of the Directive does not cover all relevant polluting substances of the international regime e.g. garbage or sewage discharges into sea; (ii) information exchange and/or expertise to effectively detect, verify and penalise pollution from ships are inconsistent across the EU and generally insufficient; (iii) there is an unbalanced dissuasive effect of the penalties currently applied across EU for ship-source pollution; (iv) the current reporting by Member States is incomplete and results in a lack of information on ship-source pollution and related penalties across the EU over time.

There is clear Union relevance of improving the Directive to address this cross-border problem. This initiative is part of a package to modernise EU rules on maritime safety.

CONTENT: the proposed directive aims to prevent any type of illegal discharges into European seas, which is essential to lower the environmental impact of maritime transport activities and preserve the marine ecosystem. Achieving this requires that illegal discharges are detected, infringements are pursued and perpetrators of illegal activities are sanctioned.

To achieve this, the proposal:

- aligns EU rules with international regulations and extends the scope to cover a wider range of polluting substances. In addition to illegal discharges of oil and noxious liquid substances, which were covered under existing rules, the Commission proposes to also include discharges of harmful substances carried in packaged form, sewage, garbage, as well as discharge waters and residues from Exhaust Gas Cleaning Systems (scrubbers).

- optimises CleanSeaNet - EMSA's surveillance and information sharing database and provides for information sharing and follow up obligations by national authorities responsible for the detection and verification of potential pollution. The enhanced system will facilitate timely enforcement as well as cooperation between Member States in case of cross-border ship-source pollution incidents;

- establishes a strengthened legal framework for penalties and their application, enabling national authorities to take adequate action in case of illegal discharge and impose penalties, such as fines. The proposal puts forward minimum criteria for the effective application of administrative penalties, such as the gravity of the discharge, its impact on the environment or the financial strength of the responsible entity.

- ensures simplification and effective reporting on ship-source pollution incidents and follow-up activities.

Budgetary implications

The current net costs of the proposal amount to EUR 125.8-134.7 million over 2025-2050.

Documents

  • Decision by Parliament, 1st reading: T9-0202/2024
  • Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE759.758
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001231
  • Text agreed during interinstitutional negotiations: PE759.758
  • Committee report tabled for plenary, 1st reading: A9-0365/2023
  • Committee opinion: PE753.445
  • Contribution: COM(2023)0273
  • Amendments tabled in committee: PE752.942
  • Economic and Social Committee: opinion, report: CES2154/2023
  • Committee draft report: PE752.749
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SEC(2023)0209
  • Document attached to the procedure: SWD(2023)0159
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2023)0164
  • Legislative proposal published: COM(2023)0273
  • Legislative proposal published: EUR-Lex
  • Document attached to the procedure: EUR-Lex SEC(2023)0209
  • Document attached to the procedure: SWD(2023)0159
  • Document attached to the procedure: EUR-Lex SWD(2023)0164
  • Committee draft report: PE752.749
  • Economic and Social Committee: opinion, report: CES2154/2023
  • Amendments tabled in committee: PE752.942
  • Committee opinion: PE753.445
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001231
  • Text agreed during interinstitutional negotiations: PE759.758
  • Contribution: COM(2023)0273

Votes

A9-0365/2023 – Marian-Jean Marinescu – Provisional agreement – Am 50 #

2024/04/10 Outcome: +: 583, -: 27, 0: 12
DE IT ES PL FR NL BE CZ SE HU RO PT AT BG FI SK IE DK EL LT LV SI LU HR EE CY MT
Total
93
60
56
47
70
27
21
21
21
18
18
19
18
14
14
14
12
13
15
9
7
7
6
6
7
5
4
icon: PPE PPE
155

Hungary PPE

1

Denmark PPE

For (1)

1

Luxembourg PPE

2

Croatia PPE

2

Estonia PPE

For (1)

1

Cyprus PPE

2

Malta PPE

For (1)

1
icon: S&D S&D
124

Belgium S&D

2

Czechia S&D

For (1)

1

Slovakia S&D

For (1)

1

Denmark S&D

2

Greece S&D

1

Lithuania S&D

2

Latvia S&D

For (1)

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Estonia S&D

2

Cyprus S&D

2
icon: Renew Renew
96

Poland Renew

1
3

Hungary Renew

2

Austria Renew

For (1)

1

Finland Renew

3

Ireland Renew

2

Greece Renew

1

Lithuania Renew

1

Latvia Renew

For (1)

1

Slovenia Renew

2

Luxembourg Renew

2

Croatia Renew

For (1)

1

Estonia Renew

3
icon: Verts/ALE Verts/ALE
69

Italy Verts/ALE

3

Spain Verts/ALE

3

Poland Verts/ALE

For (1)

1

Netherlands Verts/ALE

3

Belgium Verts/ALE

3

Czechia Verts/ALE

3

Sweden Verts/ALE

3

Portugal Verts/ALE

1

Austria Verts/ALE

3

Finland Verts/ALE

3

Ireland Verts/ALE

1

Denmark Verts/ALE

2

Greece Verts/ALE

For (1)

1

Lithuania Verts/ALE

2

Luxembourg Verts/ALE

For (1)

1
icon: ECR ECR
58

Germany ECR

1

France ECR

For (1)

1

Sweden ECR

For (1)

3

Bulgaria ECR

2

Slovakia ECR

For (1)

1

Greece ECR

1

Latvia ECR

For (1)

1
icon: The Left The Left
33

Netherlands The Left

For (1)

1

Belgium The Left

For (1)

1

Czechia The Left

1

Sweden The Left

For (1)

1

Portugal The Left

4

Finland The Left

For (1)

1

Denmark The Left

1

Cyprus The Left

1
icon: NI NI
40

Germany NI

2

France NI

Against (1)

1

Netherlands NI

Against (1)

1

Belgium NI

For (1)

1

Czechia NI

For (1)

1

Romania NI

For (1)

1

Latvia NI

1
icon: ID ID
47

Czechia ID

Abstain (1)

1

Austria ID

3

Denmark ID

Abstain (1)

1

Estonia ID

Abstain (1)

1
AmendmentsDossier
157 2023/0171(COD)
2023/09/25 TRAN 114 amendments...
source: 752.942
2023/10/13 PECH 43 amendments...
source: 754.769

History

(these mark the time of scraping, not the official date of the change)

docs/9
date
2024-04-10T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0202_EN.html title: T9-0202/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 583 votes to 27, with 12 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences.
  • The position adopted by the European Parliament at first reading under the ordinary legislative procedure is as follows:
  • Purpose
  • The purpose of the proposed Directive is to incorporate into Union law international standards on pollution from ships and to ensure that any company or other legal or natural person liable for illegal discharges of polluting substances is subject to dissuasive, effective and proportionate administrative penalties in order to improve maritime safety and to enhance protection of the marine environment from pollution from ships.
  • Each Member State should take all necessary measures to ensure that any company, or other legal or natural person having committed an infringement is held liable.
  • Enforcement measures in respect of ships in a port of a Member State
  • If irregularities or information give rise to a suspicion that a ship which is voluntarily within a port or at an off-shore terminal of a Member State has been engaged in or is engaging in a discharge of polluting substances into any of the areas referred to in the Directive, that Member State should ensure that an appropriate inspection or other appropriate action, taking into account the relevant guidelines adopted by the IMO, is undertaken in accordance with its national law. If so far as the inspection reveals facts that could indicate an infringement, the Member State concerned should apply the provisions of this Directive. The competent authorities of that Member State and of the flag State should be informed.
  • Administrative penalties
  • Member States should ensure that administrative penalties introduced in transposition of this Directive include fines which are imposed on the company held liable for the infringement.
  • Where the legal system of the Member State does not provide for administrative penalties, it should be possible to apply this measure in such a manner that the penalties, including the fines, are initiated by the competent authority and imposed by competent national courts, while ensuring that those legal remedies are effective and have an equivalent effect to the administrative fines imposed by competent authorities. In any event, the penalties imposed should be effective, proportionate and dissuasive .
  • Exchange of information and experience
  • The Member States and the Commission, with the assistance of the European Maritime Safety Agency (EMSA), should cooperate in the exchange of information.
  • In order to ensure the effective monitoring of this Directive’s implementation by all Member States, a digital analysis of all high-confidence alerts should be ensured by each Member State within the first three years from the transposition of this Directive. Within that timeframe, all Member States should also indicate whether or not they verify those high-confidence alerts sent by CleanSeaNet every year, striving to verify at least 25 % of those high-confidence alerts. In that context, verification means any follow-up actions by competent authorities of an alert sent by CleanSeaNet to determine whether the alert in question corresponds to an illegal discharge. If a Member State does not verify an alert, it should indicate the reasons for not doing so.
  • Information on major ship-source pollution incidents is disseminated to the fishing and coastal communities concerned in a timely manner.
  • The Commission should provide for the organisation of exchange of experiences and best practices between Member States' national competent authorities on how to ensure an effective determination and application of penalties. On the basis of that exchange of information, the Commission may propose guidelines, including on types of polluting substances and sensitive areas of concern.
  • Publication of information
  • Based on information reported by Member States, the Commission should make publicly available a regularly updated Union-wide overview on the implementation and enforcement of this Directive, upon the conclusion of the administrative and legal proceedings, when applicable. To the extent that information relating to penalties includes personal data or commercially sensitive information, such information should be anonymised.
  • As part of the evaluation and review of this Directive, the Commission should assess the verification rates of Member States and should envisage to propose, if appropriate, verification rates higher than foreseen in this Directive, based on technological developments and the particular circumstances and capabilities of Member States.
docs/9
date
2024-04-10T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0202_EN.html title: T9-0202/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 583 votes to 27, with 12 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences.
  • The position adopted by the European Parliament at first reading under the ordinary legislative procedure is as follows:
  • Purpose
  • The purpose of the proposed Directive is to incorporate into Union law international standards on pollution from ships and to ensure that any company or other legal or natural person liable for illegal discharges of polluting substances is subject to dissuasive, effective and proportionate administrative penalties in order to improve maritime safety and to enhance protection of the marine environment from pollution from ships.
  • Each Member State should take all necessary measures to ensure that any company, or other legal or natural person having committed an infringement is held liable.
  • Enforcement measures in respect of ships in a port of a Member State
  • If irregularities or information give rise to a suspicion that a ship which is voluntarily within a port or at an off-shore terminal of a Member State has been engaged in or is engaging in a discharge of polluting substances into any of the areas referred to in the Directive, that Member State should ensure that an appropriate inspection or other appropriate action, taking into account the relevant guidelines adopted by the IMO, is undertaken in accordance with its national law. If so far as the inspection reveals facts that could indicate an infringement, the Member State concerned should apply the provisions of this Directive. The competent authorities of that Member State and of the flag State should be informed.
  • Administrative penalties
  • Member States should ensure that administrative penalties introduced in transposition of this Directive include fines which are imposed on the company held liable for the infringement.
  • Where the legal system of the Member State does not provide for administrative penalties, it should be possible to apply this measure in such a manner that the penalties, including the fines, are initiated by the competent authority and imposed by competent national courts, while ensuring that those legal remedies are effective and have an equivalent effect to the administrative fines imposed by competent authorities. In any event, the penalties imposed should be effective, proportionate and dissuasive .
  • Exchange of information and experience
  • The Member States and the Commission, with the assistance of the European Maritime Safety Agency (EMSA), should cooperate in the exchange of information.
  • In order to ensure the effective monitoring of this Directive’s implementation by all Member States, a digital analysis of all high-confidence alerts should be ensured by each Member State within the first three years from the transposition of this Directive. Within that timeframe, all Member States should also indicate whether or not they verify those high-confidence alerts sent by CleanSeaNet every year, striving to verify at least 25 % of those high-confidence alerts. In that context, verification means any follow-up actions by competent authorities of an alert sent by CleanSeaNet to determine whether the alert in question corresponds to an illegal discharge. If a Member State does not verify an alert, it should indicate the reasons for not doing so.
  • Information on major ship-source pollution incidents is disseminated to the fishing and coastal communities concerned in a timely manner.
  • The Commission should provide for the organisation of exchange of experiences and best practices between Member States' national competent authorities on how to ensure an effective determination and application of penalties. On the basis of that exchange of information, the Commission may propose guidelines, including on types of polluting substances and sensitive areas of concern.
  • Publication of information
  • Based on information reported by Member States, the Commission should make publicly available a regularly updated Union-wide overview on the implementation and enforcement of this Directive, upon the conclusion of the administrative and legal proceedings, when applicable. To the extent that information relating to penalties includes personal data or commercially sensitive information, such information should be anonymised.
  • As part of the evaluation and review of this Directive, the Commission should assess the verification rates of Member States and should envisage to propose, if appropriate, verification rates higher than foreseen in this Directive, based on technological developments and the particular circumstances and capabilities of Member States.
docs/9
date
2024-04-10T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0202_EN.html title: T9-0202/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 583 votes to 27, with 12 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences.
  • The position adopted by the European Parliament at first reading under the ordinary legislative procedure is as follows:
  • Purpose
  • The purpose of the proposed Directive is to incorporate into Union law international standards on pollution from ships and to ensure that any company or other legal or natural person liable for illegal discharges of polluting substances is subject to dissuasive, effective and proportionate administrative penalties in order to improve maritime safety and to enhance protection of the marine environment from pollution from ships.
  • Each Member State should take all necessary measures to ensure that any company, or other legal or natural person having committed an infringement is held liable.
  • Enforcement measures in respect of ships in a port of a Member State
  • If irregularities or information give rise to a suspicion that a ship which is voluntarily within a port or at an off-shore terminal of a Member State has been engaged in or is engaging in a discharge of polluting substances into any of the areas referred to in the Directive, that Member State should ensure that an appropriate inspection or other appropriate action, taking into account the relevant guidelines adopted by the IMO, is undertaken in accordance with its national law. If so far as the inspection reveals facts that could indicate an infringement, the Member State concerned should apply the provisions of this Directive. The competent authorities of that Member State and of the flag State should be informed.
  • Administrative penalties
  • Member States should ensure that administrative penalties introduced in transposition of this Directive include fines which are imposed on the company held liable for the infringement.
  • Where the legal system of the Member State does not provide for administrative penalties, it should be possible to apply this measure in such a manner that the penalties, including the fines, are initiated by the competent authority and imposed by competent national courts, while ensuring that those legal remedies are effective and have an equivalent effect to the administrative fines imposed by competent authorities. In any event, the penalties imposed should be effective, proportionate and dissuasive .
  • Exchange of information and experience
  • The Member States and the Commission, with the assistance of the European Maritime Safety Agency (EMSA), should cooperate in the exchange of information.
  • In order to ensure the effective monitoring of this Directive’s implementation by all Member States, a digital analysis of all high-confidence alerts should be ensured by each Member State within the first three years from the transposition of this Directive. Within that timeframe, all Member States should also indicate whether or not they verify those high-confidence alerts sent by CleanSeaNet every year, striving to verify at least 25 % of those high-confidence alerts. In that context, verification means any follow-up actions by competent authorities of an alert sent by CleanSeaNet to determine whether the alert in question corresponds to an illegal discharge. If a Member State does not verify an alert, it should indicate the reasons for not doing so.
  • Information on major ship-source pollution incidents is disseminated to the fishing and coastal communities concerned in a timely manner.
  • The Commission should provide for the organisation of exchange of experiences and best practices between Member States' national competent authorities on how to ensure an effective determination and application of penalties. On the basis of that exchange of information, the Commission may propose guidelines, including on types of polluting substances and sensitive areas of concern.
  • Publication of information
  • Based on information reported by Member States, the Commission should make publicly available a regularly updated Union-wide overview on the implementation and enforcement of this Directive, upon the conclusion of the administrative and legal proceedings, when applicable. To the extent that information relating to penalties includes personal data or commercially sensitive information, such information should be anonymised.
  • As part of the evaluation and review of this Directive, the Commission should assess the verification rates of Member States and should envisage to propose, if appropriate, verification rates higher than foreseen in this Directive, based on technological developments and the particular circumstances and capabilities of Member States.
docs/9
date
2024-04-10T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0202_EN.html title: T9-0202/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9
date
2024-04-10T00:00:00
type
Decision by Parliament, 1st reading
body
EP
docs
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forecasts
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  • The Committee on Transport and Tourism adopted the report by Marian-Jean MARINESCU (EPP, RO) on the proposal for a directive of the European Parliament and of the Council amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences.
  • The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
  • Exceptions
  • A discharge of polluting substances into any of the areas referred to in the directive should not be regarded as an infringement if the discharge was immediately reported to the authorities after its occurrence. Moreover, Members stated that the company, the master, or the crew should provide documentary evidence or logs detailing the precautions taken to prevent or minimise the discharge upon request by relevant authorities.
  • Easy access to the full and updated texts of International Maritime Organization (IMO) conventions
  • Members aim to ensure that all interested parties have easy access to the full and updated texts of International Maritime Organization (IMO) conventions. If by one year from the date of entry into force of this amending Directive the IMO has not published the full texts of all its conventions, including Marpol 73/78 and its related annexes, on its website, accessible to users free of charge, the Commission should adopt, within 3 months, a delegated act amending this Directive, by adding a new Annex with the full text of Marpol 73/78 and those of its annexes referred to in this Directive.
  • Penalties
  • In the case that it is proven that the master or, if not acting under the responsibility of the master, the crew was responsible for the commission of the relevant infringement, Member States should ensure that penalties are imposed to such persons in accordance with the provisions of this Directive. In the event, however, that the master or crew responsible for the commission of the relevant infringement can no longer be found or cannot afford to pay the full amount of the penalty, the company should remain responsible as a last resort , for the payment of the full amount or of the remainder of the penalty .
  • The report proposed that Member States should ensure that, when determining and applying the type and level of administrative penalty to a natural or legal person found by competent authorities to be responsible for an infringement, the competent authorities take into account all relevant circumstances of the infringement, including: the extent of the damage caused by the discharge to marine life, including fish populations, and its subsequent impact on fishing activities and coastal communities.
  • Member States should not set or apply any ‘maximum administrative penalties’ or ‘minimum administrative penalties’ for infringements under this Directive that would be too low to ensure the deterrent nature, proportionality and effectiveness of these penalties.
  • Verifications
  • To clarify and increase the level of verification, Members propose that Member States should thoroughly analyse 100% of the alerts that they receive from CleanSeaNet every year and that they carry out on the spot verifications of at least 50% of those alerts (as opposed to Commission’s proposed 10%).
  • To avoid clearly unnecessary on-the spot-verifications, manifest false alarms, if revealed during the analysis of the imagery, can be subtracted from this objective. Responsible authorities should conduct verifications on the spot as quickly as possible, to prevent an illegal discharge from dispersing and therefore becoming undetectable by the time of arrival on the spot.
  • Reporting
  • In order to be able to tackle the problem of ocean container pollution more effectively at European level, the new reporting obligations to IMO under chapter 5 of the International Convention for the Safety of Life at Sea (SOLAS) should not remain limited to IMO level. Member States should also report on this issue to the European Commission and EMSA on a yearly basis.
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  • PURPOSE: to amend Directive 2005/35/EC on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences.
  • PROPOSED ACT: Directive of the European Parliament and of the Council.
  • ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
  • BACKGROUND: Directive 2005/35/EC on ship-source pollution (SSP Directive) deals with penalties for illegal discharges of oil and noxious liquid substances from ships to the sea. Illegal, means anything that does not meet MARPOL standards (MARPOL - Convention for the Prevention of Pollution from Ships).
  • The Directive successfully contributed to the incorporation of the international rules for ship-source pollution into EU law and improved the detection of possible pollution from ships. In particular, the Directive was the impetus behind the creation of the CleanSeaNet service - an EU-wide oil monitoring system using satellite surveillance hosted by the European Maritime Safety Agency (EMSA). However, offenders discharging polluting substances illegally are not always identified , and therefore rarely penalised.
  • A number of issues have been identified as problematic: (i) the current scope of the Directive does not cover all relevant polluting substances of the international regime e.g. garbage or sewage discharges into sea; (ii) information exchange and/or expertise to effectively detect, verify and penalise pollution from ships are inconsistent across the EU and generally insufficient; (iii) there is an unbalanced dissuasive effect of the penalties currently applied across EU for ship-source pollution; (iv) the current reporting by Member States is incomplete and results in a lack of information on ship-source pollution and related penalties across the EU over time.
  • There is clear Union relevance of improving the Directive to address this cross-border problem. This initiative is part of a package to modernise EU rules on maritime safety.
  • CONTENT: the proposed directive aims to prevent any type of illegal discharges into European seas, which is essential to lower the environmental impact of maritime transport activities and preserve the marine ecosystem. Achieving this requires that illegal discharges are detected, infringements are pursued and perpetrators of illegal activities are sanctioned.
  • To achieve this, the proposal:
  • - aligns EU rules with international regulations and extends the scope to cover a wider range of polluting substances. In addition to illegal discharges of oil and noxious liquid substances, which were covered under existing rules, the Commission proposes to also include discharges of harmful substances carried in packaged form, sewage, garbage, as well as discharge waters and residues from Exhaust Gas Cleaning Systems (scrubbers).
  • - optimises CleanSeaNet - EMSA's surveillance and information sharing database and provides for information sharing and follow up obligations by national authorities responsible for the detection and verification of potential pollution. The enhanced system will facilitate timely enforcement as well as cooperation between Member States in case of cross-border ship-source pollution incidents;
  • - establishes a strengthened legal framework for penalties and their application, enabling national authorities to take adequate action in case of illegal discharge and impose penalties, such as fines. The proposal puts forward minimum criteria for the effective application of administrative penalties, such as the gravity of the discharge, its impact on the environment or the financial strength of the responsible entity.
  • - ensures simplification and effective reporting on ship-source pollution incidents and follow-up activities.
  • Budgetary implications
  • The current net costs of the proposal amount to EUR 125.8-134.7 million over 2025-2050.
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