Ship-source pollution and introduction of penalties for infringements

Starting in April, the 27 Member States of the European Union will display their common determination to tackle unlawful discharges at sea by giving full effect to legislation adopted in 2005. Europe will at long last have a sufficiently dissuasive system of penalties to prevent and deal with maritime pollution more effectively. Illicit discharges at sea are, alas, still being made and preventing them is now more than ever a priority for Europe.

Directive 2005/35 on ship-source pollution and the introduction of penalties for infringements is intended, in line with international law, to impose penalties on any party – master, owner, charterer, classification society, etc. – found to have caused or contributed to illegal pollution deliberately or as a result of gross negligence.

The Directive tackles discharges in all sea areas, including on the high seas. It applies to all ships calling at EU ports, whatever flag they fly. The scheme also provides for cooperation between Port State Authorities to enable action to be taken at the next port of call.

The Directive is also designed to enhance cooperation between Member States to detect illegal discharges and develop methods to identify a discharge as originating from a particular ship. The European Maritime Safety Agency will assist the Commission and Member States in this task.

The Member States are obliged to incorporate this Directive into their national law by 31 March 2007. The Commission will leave no stone unturned to ensure that it is implemented.