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REPORT (COM(2023)0273 – C90187/2023 – 2023/0171(COD))

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

A-9-2023-0365

Committee on Transport and Tourism · Rapporteur: MarianJean Marinescu

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal to amend Directive 2005/35/EC on ship-source pollution sets out rules on penalties, inspections and reporting. It strengthens penalties for companies, adds new reporting duties and requires Member States to analyse all CleanSeaNet alerts. It asks the Commission and Member States to press the International Maritime Organization to publish the full texts of its conventions, including Marpol 73/78, free of charge, and lets the Commission add them in an annex by delegated act. It requires Member States to report yearly on container losses, to protect persons reporting illegal discharges, and to give the Commission and the European Maritime Safety Agency data through an electronic reporting tool.

Committee position. The rapporteur shares the aims of the Commission proposal but proposes additions and modifications: easier access to updated International Maritime Organization convention texts, clearer penalty levels that are not too low, and higher verification of CleanSeaNet alerts.

Key points

  1. The directive's purpose is to incorporate international standards on pollution from ships into Union law and to ensure that persons and companies responsible for illegal discharges face dissuasive, effective and proportionate administrative penalties.
  2. Member States may take more stringent measures in conformity with Union and international law, providing for administrative or criminal penalties under their national law.
  3. Penalties should take at least the form of fines on the company of the ship, unless the company proves the master or crew was responsible; the company remains responsible as a last resort for the full amount.
  4. Member States must not set maximum or minimum administrative penalties too low to ensure their deterrent nature, proportionality and effectiveness.
  5. When setting penalties, authorities must take into account all relevant circumstances, including recidivism and the extent of damage to marine life, fishing activities and coastal communities.
  6. A discharge is not an infringement for the company, master or crew if it results from damage to the ship, was immediately reported to authorities, and documentary evidence of precautions is provided on request.
  7. Member States must thoroughly analyse 100% of CleanSeaNet alerts received each year and carry out on-the-spot verifications of at least 50% of them, with an exception for clear false alarms.
  8. Member States must disseminate information on ship-source pollution incidents to fishing communities in a timely and comprehensible manner.
  9. The Commission, via the European Maritime Safety Agency, must establish an electronic reporting tool, and Member States must report yearly on container losses reported to the International Maritime Organization under SOLAS.
  10. The Commission must make publicly available a regularly updated Union-wide overview with disaggregated data for every Member State; information identifying an individual ship is published only after all legal proceedings are finalised.
  11. The Commission must maintain a confidential online external reporting channel for potential infringements, and Member States must investigate, act upon and provide prompt feedback on reports.
  12. The Commission and Member States should request at International Maritime Organization level that full texts of all its conventions be made public free of charge, and if not published within one year the Commission must adopt a delegated act adding Marpol 73/78 to an annex.

Who is affected

  • Shipping companies, masters and crew: face administrative fines, with the company liable as a last resort if the master or crew cannot be found or cannot pay.
  • Member States: must analyse all CleanSeaNet alerts, verify at least 50% on the spot, report yearly on container losses and disseminate information to fishing communities.
  • Persons reporting illegal discharges: must receive protection, adequate support and material assistance, and can use a confidential online reporting channel.
  • Fishing communities and coastal communities: must be informed of pollution incidents and their damage is considered when penalties are set.

Figures and deadlines

  • 100% of CleanSeaNet alerts received each year must be thoroughly analysed by each Member State.
  • At least 50% of CleanSeaNet alerts must be verified on the spot, unless a false alarm is demonstrated.
  • Full texts of International Maritime Organization conventions should be made public at the latest one year from the entry into force of the amending Directive.
  • If the International Maritime Organization has not published the texts within one year, the Commission must adopt a delegated act within 3 months.
  • The power to adopt delegated acts is conferred on the Commission for a period of five years.

Legal basis: Article 294(2) and Article 91(1), point (c) of the Treaty on the Functioning of the European Union.