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DRAFT 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

TRAN-PR-752749

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.

This is the rapporteur's draft report on the Commission proposal to amend Directive 2005/35/EC on ship-source pollution and penalties, including criminal penalties, for pollution offences. The draft proposes amendments to the directive, including new recitals on access to Marpol 73/78, changes to liability rules for companies, masters and crew, and a new article on public accessibility of IMO conventions. It also proposes that member states analyse all CleanSeaNet alerts and verify at least 40% on the spot, and that they not set maximum or minimum administrative penalties that are too low to be deterrent. The rapporteur's explanatory statement says the aim is to improve the Commission proposal by ensuring access to IMO texts, clarifying penalty levels and increasing verification.

Committee position. The rapporteur shares the aims of the Commission proposal but proposes additions and modifications to improve it, including on access to IMO texts, penalty levels and verification of CleanSeaNet alerts.

Key points

  1. A new recital notes that an up-to-date and complete text of Marpol 73/78 and its annexes is not available on the IMO website, which burdens the sector, citizens and administrations.
  2. A new recital says that the Marpol 73/78 and its annexes in force at the date of infringement should be considered when applying the directive and national laws.
  3. Recital 9 is amended to add that holding the master or crew responsible should not prevent payment of the full penalty, and the company should remain responsible as a last resort.
  4. Article 5(1) is amended to cover discharges of polluting substances regulated by Marpol Annexes I, II, III, IV, V and VI.
  5. Article 5(1)(a) is amended so that a discharge resulting from damage to a ship, not a ship or its equipment, is not an infringement.
  6. Article 6(2) is replaced to require member states to apply the directive taking into account Articles 8 and 9 when inspections reveal facts indicating an infringement.
  7. Article 8(3) is amended so that if the master or crew responsible cannot be found or cannot afford to pay, the company remains responsible as a last resort for the full amount or the remainder.
  8. A new Article 8d(1a) says member states shall not set or apply maximum or minimum administrative penalties that would be too low to ensure deterrence, proportionality and effectiveness.
  9. Article 10(1)(d) is amended to require member states to analyse thoroughly 100% and verify on the spot at least 40% of CleanSeaNet alerts every year, with an exception for demonstrated false alarms.
  10. A new Article 10e requires the EU and member states to request at IMO level that all IMO conventions be public and updated free of charge, and the Commission to publish Marpol 73/78 on its website at the latest one month after entry into force.
  11. Article 12a(2) is amended so the Commission's review assesses modifying the scope of the directive in view of marine litter from sources other than ships, container loss for containers other than those already covered by Marpol Annex III, loss of plastic pellets and underwater noise.

Who is affected

  • Shipping companies, masters and crew: liability rules for pollution offences are clarified, with the company remaining responsible as a last resort.
  • Member states: must analyse all CleanSeaNet alerts, verify at least 40% on the spot, and avoid too-low administrative penalties.
  • The Commission: must publish Marpol 73/78 on its website and assess the directive's scope in the review.
  • The EU and member states: must request at IMO level that all IMO conventions be public and updated free of charge.

Figures and deadlines

  • at least 40% of CleanSeaNet alerts to be verified on the spot every year
  • 100% of CleanSeaNet alerts to be analysed thoroughly
  • one month after entry into force: deadline for the Commission to publish Marpol 73/78 on its website
  • EUR 10 000: example of a maximum administrative penalty for legal persons cited as too low
  • EUR 10: example of a minimum administrative penalty for natural persons cited as too low
  • EUR 32: example of a minimum administrative penalty for legal persons cited as too low

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