Brussels, 05/03/2003 (Agence Europe) - On Wednesday, the European Commission adopted, by written procedure, a proposal of directive compelling Member States to impose sanctions, including prison sentences for natural persons, on those responsible for serious maritime pollution caused by negligence or intentionally. As explained in our edition of 6 February (p.11), the aim is to introduce into Community law international standards relating to pollution caused by vessels at sea (the norms of the MAPOL convention in 1973 amended by its protocol of 1978) and to penalise infringements committed in order to increase maritime security and protection of the environment.
The proposal sanctions all kinds of pollution, caused by hydrocarbon rejects (crude oil, fuel, refined products) or harmful liquid substances (chemical products) and caused either through negligence or through intentional dumping (mainly during cleaning operations of vessels) in Community coastal waters, exclusive economic areas established by the Member States, and on the high seas. All potential offenders (owners, operators, managers, charterers, classification societies) found guilty by a court will be sentenced by the Member States to criminal sanctions that are "effective, proportionate to the offence and dissuasive", especially: fines, confiscation of products causing infringements, permanent or temporary ban on exercising commercial activities, the placing under judiciary supervision, winding up by decision of the court, a ban on access to aid or to public subsidies and prison sentences in the case of natural persons. These sanctions will be independent of civil liabilities and cannot be insured. Member States should set in place systems for sharing information and establishing common procedures for the follow-up and identification of vessels at sea that discard polluting substances into the sea (mainly for vessels in transit). Furthermore, in the event of suspected illegal dumping by a vessel present in the port of a Member State, the latter may proceed to inspection of the ship. Finally, every three years, the Member States should provide the Commission with a report for verifying the nature of the sanctions imposed.
The question of legal base chosen by the Commission could pose a problem. The Member States have always been opposed to harmonisation of criminal punishment being based on sector-specific Community law rather than on intergovernmental judiciary cooperation. They recently confirmed this for environmental aspects (see EUROPE of 30 January, p.10, and 31 January, p.15). As far as transport is concerned, the vote is by qualified majority with the European Parliament having power of co-decision. Inversely, judiciary cooperation requires unanimity with no more than an advisory role for the Parliament.