Brussels, 10/12/2004 (Agence Europe) - The 25 reached agreement on criminal sanctions for marine pollution, at the price of having to curtail some of the ambitions of the text. On Thursday, the ambassadors reached an unexpected agreement on this framework decision at Coreper, which had previously been blocked by Greece, Cyprus and Malta. The agreement of these three countries was made possible by the following concession: there will be no possibility of imprisonment if pollution is caused by a ship flying the flag of another Member State, the diplomats explained. Until then, the text went further than international Conventions, and stated that ships from any Member State of the EU would be considered as a national ship by the judge in charge of the case. It was due to this single condition that people found guilty could have been sent to prison (EUROPE of 20 November, p.9). This step forward, therefore, was abandoned. The European Commission may propose to review the issue in five years, when it produces a report on the implementation of the framework decision. On the other hand, however, the text provides for several pecuniary criminal sanctions.
The Presidency hopes to get the framework decision adopted in Point A of the Agriculture and Fisheries Council, on 21 December. However, Austria still has a scrutiny reservation in place, and there are various parliamentary reservations. These will have to have been lifted by then, and the final version of the text available in all languages, which will not be an easy job. If not all of the conditions have been met, the Presidency will ask the Council to confirm the political agreement at ministerial level anyway, according to a European source.