New European Sea Pollution Rules Come Into Force

by Ulrika Lomas, for LawAndTax-News.com, Brussels

02 April 2007

Starting this month, 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.

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.

"We must get tough on illegal discharges and gross negligence must be fought at all cost: the threat of criminal penalties hanging over polluters' heads will help to protect our coasts. We cannot tolerate deliberate pollution or gross negligence by a minority of operators who tarnish the image of the shipping industry," Jacques Barrot, Commission Vice-President in charge of transport, explained last week.

The Member States were obliged to incorporate this Directive into their national law by 31 March 2007.

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