Brussels, 05/02/2003 (Agence Europe) - The European Commission is expected to adopt, in the near future, a proposal of regulation aimed at introducing criminal sanctions for serious pollution (of oil or chemical origin) caused by any kind of vessel at sea. The proposal would concern pollution caused by accidents due to severe negligence (even when they are caused by damage to the vessel or its equipment), but also by intentional dumping of polluting substances (during the process of cleaning sea craft, for example). It would cover pollution offences that take place in Community waters but also on the high seas. Those responsible (owner of the ship, operator, manager, contractor, boat classification society), who are recognised as being guilty of causing the pollution, would be condemned to criminal sanctions, such as fines or, in the case of a natural person, prison sentences.
As Loyola de Palacio, Transport Commissioner, had announced during the presentation of her communication after the Prestige oil tanker disaster (see EUROPE of 4 December, p.8), the aim is to introduce international provisions into Community legislation with regards the dumping of waste at sea, in order to establish a harmonised legal framework within the EU, and to complete the current civil liability system (which allows owners of ships to reduce their financial liability in the event of serious infringement) as well as the compensation of victims through a system of penal measures at Community level. The question of the legal base chosen by the Commission could pose a problem. To date, the Member States have always taken a stance against the harmonisation of penalties being founded on sector-specific Community law (environment, transport) rather than on judicial cooperation (intergovernmental). This has now been confirmed with regards environmental issues (see EUROPE of 30 January, p.10 and 31 January, p.15).