Strasbourg, 24/02/2005 (Agence Europe) - On Wednesday, with the adoption at second reading of the letter of recommendation from Corien Wortmann-Kool (EPP-ED, NL), the European Parliament endorsed the compromise reached with Council on the proposal of directive aimed at maritime pollution penalties (co-decision). The compromise provides for penalties to be imposed in all the most serious cases of maritime pollution. The Council has still to formally approve the text to allow the directive to be adopted and implemented, more than two years after the Prestige oil tanker disaster.
As we announced in an earlier bulletin (EUROPE of 18 February, p.11), the compromise text adopted by the EP provides for rejects of polluting substances caused intentionally, accidentally or through serious negligence to be considered as offences in the circumstances foreseen by the Council's framework decision aimed at strengthening the legal framework for curtailing pollution from ships at sea, and on which a political agreement was reached in December 2004 (EUROPE of 29 December). During its first reading, the Parliament had asked that the directive, which comes within the first (Community) pillar, should comprise a compulsory criminal sanctions regime with penalties including imprisonment. The Council, however, has always refused to introduce penalties into the fist pillar as, it believes, sanctions should come under the third pillar (intergovernmental). With reference to the Council's framework decision, the compromise found provides for a penalty regime in the event of severe maritime pollution, even if such pollution is defined by the text of the third and not the first pillar.
The compromise also allows the positions of both parties to become reconciled on the creation of a European coastguard corps, which is highly recommended by Parliament to better prevent and combat maritime pollution. The EP calls on the Commission to carry out a cost/benefit study “by end 2006” on setting up such a corps. One “whereas” stipulates that the study would, where necessary, be followed by a Commission proposal on the creation of a “European coastguard. A good compromise for the Parliament, which sees it as recognition by the Council of the 'principle' of such a body”.
The text also provides for new tasks for the European Maritime Safety Agency (EMSA). The latter would work in close cooperation with the Member States to develop technical solutions and technical assistance with a view to implementing the directive and carrying out actions such as the tracking of waste through satellite surveillance. The Agency should also assist the Commission in implementing the directive, mainly through visits to Member States.
Furthermore, the Parliament has adopted an amendment calling on the Commission to include in its report on application of the directive that it is to present every three years, a study on the possibility of extending the scope of the directive or reviewing the directive and setting in place a public database so that jurisprudence on this matter is available in Member States.