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- Decision by Parliament, 1st reading 2024/04/10
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2024/03/04
- Coreper letter confirming interinstitutional agreement 2024/02/28
- Text agreed during interinstitutional negotiations 2024/02/28
- Act adopted by Council after Parliament's 1st reading 2024/02/28
- Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71) 2023/11/22
- Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71) 2023/11/20
- Committee report tabled for plenary, 1st reading 2023/11/17
- Vote in committee, 1st reading 2023/11/16
- Committee decision to open interinstitutional negotiations with report adopted in committee 2023/11/16
- Committee opinion 2023/11/15
- Contribution 2023/10/05
- Amendments tabled in committee 2023/09/25
- Economic and Social Committee: opinion, report 2023/09/20
- MONTEIRO DE AGUIAR Cláudia (EPP) appointed as rapporteur in PECH 2023/09/12
- Committee draft report 2023/09/04
- Committee referral announced in Parliament, 1st reading 2023/07/10
- MARINESCU Marian-Jean (EPP) appointed as rapporteur in TRAN 2023/07/07
Progress: Awaiting signature of act
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | TRAN | MARINESCU Marian-Jean ( EPP) | CERDAS Sara ( S&D), RASMUSSEN Bergur Løkke ( Renew), PAULUS Jutta ( Verts/ALE), FIDANZA Carlo ( ECR), CHAIBI Leila ( GUE/NGL) |
Committee Opinion | BUDG | ||
Committee Opinion | ENVI | ||
Committee Opinion | PECH | MONTEIRO DE AGUIAR Cláudia ( EPP) | Ana MIRANDA ( Verts/ALE), Catherine CHABAUD ( RE), Raffaele STANCANELLI ( ECR), Predrag Fred MATIĆ ( S&D) |
Committee Opinion | JURI | ||
Committee Opinion | LIBE |
Lead committee dossier:
Legal Basis:
TFEU 100-p2
Legal Basis:
TFEU 100-p2Subjects
Events
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.
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
- Text adopted by Parliament, 1st reading/single reading: T9-0202/2024
- 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
- Text adopted by Parliament, 1st reading/single reading: T9-0202/2024
- Contribution: COM(2023)0273
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