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
PECH-AD-753445
Committee on Fisheries · Rapporteur: Cláudia Monteiro de Aguiar
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The Committee on Fisheries gives its opinion on the Commission proposal to update Directive 2005/35/EC on ship-source pollution and penalties for pollution offences.¶¶ It welcomes tighter emission limits but warns that sulphur oxide and nitrogen oxide rules may burden the ageing EU fishing fleet, and urges support for fleet renewal through EMFAF.¶¶ It proposes amendments to add a definition of damage, prevention and recovery of marine waste, and protection for crews who report offences.¶¶¶ It calls for penalties that reflect the content and quantity of waste, ship size, environmental damage, repeat offences and harm to fishing, with stricter monitoring in fishing areas.¶¶¶ It asks for information to fishing communities, training on pollution impacts, and cooperation with fishers in exchanging best practices.¶¶¶
Committee position. The Committee on Fisheries welcomes the Commission proposal but asks the lead committee to take into account amendments adding a definition of damage, prevention and recovery of marine waste, protection for reporting crews, and penalties reflecting waste content, ship size, environmental damage and harm to fishing.¶¶¶
Key points
- The Rapporteur welcomes the Commission proposal updating Directive 2005/35/EC on ship-source pollution and penalties for pollution offences.¶
- The Rapporteur warns that sulphur oxide and nitrogen oxide emission provisions may affect the ageing EU fishing fleet of SMEs with limited resources for low emission engines.¶
- The Rapporteur urges the Commission to support fleet renewal through EMFAF and to reflect the extended scope in that fund.¶
- The Rapporteur calls for vigilance in areas of significant fishing activity, education and training, and feedback from fishing communities.¶¶
- The Rapporteur hopes the directive will ensure a level playing field with third-country fleets, coordinated controls by Member States, and cross-border enforcement.¶
- Amendment 2 says Member States should consider phasing out expanded polystyrene containers and packaging from fishery products.¶
- Amendment 3 says support is needed for collection, recycling and repair of fishing gear, and Member States should exchange best practices on recovering polluting materials and waste.¶
- Amendment 4 says the EU fishing fleet is on average 31,5 years old and fleet renewal should be supported through EMFAF.¶
- Amendments 8 and 9 say fines should be imposed both on the company and on a member or members of the crew responsible, and national authorities should consider vessel size, waste nature and quantity, and frequency of violations.¶¶
- Amendment 21 exempts a discharge from being an infringement if it is a direct result of force majeure with compelling evidence, or if conditions are met, and Amendment 24 excludes cases of intent, negligence or recklessness.¶¶
- Amendments 26 to 32 add aggravating factors: content and quantity of waste, ship size categories, environmental impact and restoration cost, repeat offences, harm to marine life and fishing, and stricter penalties in areas of significant fishing activity.¶¶¶
- Amendments 34 to 43 require information to fishing communities, exchange of best practices, reporting on marine waste prevention and recovery, training on ecological impacts, and protection for whistle-blowers.¶¶¶
Who is affected
- EU fishing fleet: may face costs from tighter emission limits and needs support for low emission engines and fleet renewal.¶¶
- Fishers and fishing communities: would receive information on pollution incidents, training, and protection when reporting offences.¶¶¶
- Member States: should consider phasing out expanded polystyrene, exchange best practices, and enforce stricter penalties in fishing areas.¶¶¶
- Ship companies, masters and crews: would face fines and liability rules, with exemptions for force majeure and reporting duties.¶¶¶