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DRAFT OPINION (COM(2023)273 – 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

PECH-PA-753445

Committee on Fisheries · Rapporteur: Cláudia Monteiro de Aguiar

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The Committee on Fisheries draft opinion responds to the Commission proposal amending Directive 2005/35/EC on ship-source pollution and penalties. It welcomes tighter emission limits but warns that extending the directive's scope may burden the ageing EU fishing fleet of small and medium-sized enterprises. It urges support for fleet renewal through the European Maritime, Fisheries and Aquaculture Fund (EMFAF), and proposes amendments adding a definition of damage, documentary evidence duties, education and training, and stronger monitoring in fishing areas. It also asks that damage to marine life and fishing activities be considered in penalties, that pollution information reach fishing communities, and that fishers join exchanges of experience and training.

Committee position. The Committee on Fisheries calls on the Committee on Transport and Tourism to take into account its amendments, which welcome the proposal while seeking EMFAF support for fleet renewal, a new definition of damage, documentary evidence duties, education and training, and stronger protection of fishing areas and communities.

Key points

  1. The rapporteur welcomes the Commission proposal updating Directive 2005/35/EC on ship-source pollution and penalties for pollution offences.
  2. The rapporteur notes that ship-source pollution is defined in Annexes I to VI of Marpol 73/78, which are legally binding for the European Union.
  3. The rapporteur welcomes tighter emission limits but cautions that rules on sulphur oxide and nitrogen oxide emissions may affect the EU fishing fleet of ageing vessels owned by small and medium-sized enterprises with limited resources.
  4. The rapporteur urges the Commission to support fleet renewal through the European Maritime, Fisheries and Aquaculture Fund (EMFAF), with increased support for low emission engines.
  5. The rapporteur introduces a new definition and calls for vigilance in areas of significant fishing activity, education and training, and feedback from fishing communities.
  6. The rapporteur hopes the directive will ensure a level playing field with third-country fleets in EU waters and facilitate coordinated controls, prosecution and cross-border enforcement.
  7. Amendment 1 adds a recital stating the EU fishing fleet is on average 31,5 years old and that fleet renewal should be supported through EMFAF (Regulation EU 2021/1139).
  8. Amendment 2 adds a definition of 'damage' as accidental physical harm impairing the value, usefulness or normal function of the ship or its equipment, excluding routine wear and tear.
  9. Amendment 3 requires the company, master or crew to provide documentary evidence or logs of precautions taken to prevent or minimise a discharge when requested by relevant authorities.
  10. Amendment 4 adds negligence to the exemption from liability where the company, master or crew acted with intent, negligently or recklessly with knowledge that damage would probably result.
  11. Amendments 5 and 10 encourage Member States to include educational and training programmes in the penalty system and add training modules on the ecological impact of marine pollution, with fisheries experts invited to contribute.
  12. Amendments 6 to 9 require penalties to consider damage to marine life and fishing activities, encourage enhanced monitoring and stricter penalties in areas of significant fishing activity, and require timely information to fishing communities and their inclusion in exchanges of experience.

Who is affected

  • EU fishing fleet, mainly ageing vessels belonging to small and medium-sized enterprises, which may face costs from tighter emission limits.
  • Fishing communities and operators, who would receive pollution information, training and a role in exchanges of experience.
  • Member States, encouraged to enforce enhanced monitoring and stricter penalties in areas of significant fishing activity.
  • Companies, masters and crews, required to provide documentary evidence of precautions against discharges on request.

Figures and deadlines

  • 31,5 years — average age of the EU fishing fleet.