EU Co-Legislators Pave the Way for Tougher Measures against Ship Pollution

EU co-legislators reached a preliminary agreement on 15 February 2024 to update and strengthen fortify EU rules addressing pollution from ships navigating European waters. The agreement emphasizes the imposition of fines on offenders perpetrators to ensure a robust response to maritime pollution incidents. 

Background: Maritime Safety Package Unveiled 

This milestone agreement is part of the Maritime Safety Package introduced by the Commission in June 2023. The overall objective is to modernize and strengthen the EU’s maritime regulations, focusing on both safety and pollution prevention. 

Extended Ban on Ship Discharges 

Under the agreement, the existing list of prohibited substances discharged from ships, including oil and noxious liquid substances, will now include sewage, garbage, and residues from scrubbers. This extension represents a strengthened commitment to prevent a wider range of spills and pollutants from impacting European waters. 

MEPs Call for Ongoing Review 

Members of the European Parliament (MEPs) secured a commitment for the EU to reassess the rules five years after their integration into national laws. In particular, the review will evaluate whether penalties should be applied to incidents involving marine plastic litter, loss of containers, and plastic pellet spills from ships. The aim is to ensure a proactive approach to emerging challenges in maritime pollution. 

Improved Verification Mechanisms 

MEPs reinforced communication channels between EU countries and the Commission regarding pollution incidents. A focus on best practices and follow-up measures, triggered by alerts from the European satellite system CleanSeaNet (European satellite-based oil spill and vessel detection service), is central to the agreement. To prevent illegal discharges from going undetected, the text proposes a digital review of all high-confidence CleanSeaNet alerts. There is also a target for at least 25% of these alerts to be verified by competent national authorities. 

Effective Penalties and Criminal Sanctions 

The agreement requires EU countries to establish effective and dissuasive fines for ships violating these regulations. Criminal sanctions which will be dealt with in separate legislation agreed upon by MEPs and EU governments in November, will complement these penalties. Importantly, the preliminary agreement emphasizes that penalties should not be set at a level that is insufficient to ensure their dissuasive nature. 

What's Next? 

While the preliminary deal still needs to be approved by the Council and Parliament, its potential impact is clear. EU countries will have 30 months to transpose the new rules into national law and prepare for their implementation.