MEP wants lesser charges for minor ship pollution

Wednesday 14 January 2009

Minor pollution from ships should be classed as "administrative" rather that criminal infringements provided they do not lead to a deterioration in water quality, according to an influential MEP.

Spanish rapporteur Luis de Grandes Pascual has suggested several changes to a European commission proposal to revise EU rules on criminal sanctions for ship pollution (EE 11/03/08 http://www.endseurope.com/14814). His amendments will be debated in the European parliament's transport committee on 21 January.

Mr de Grandes Pascual wants to reinstate a distinction between criminal and non-criminal offences contained in a 2005 EU framework decision that was subsequently annulled by the European court (EE 22/02/05 http://www.endseurope.com/10296 and EE 23/10/07 http://www.endseurope.com/14160).

By contrast the European commission's proposal would criminalise any "ship-source discharges of polluting substances" if committed with intent, recklessly or with serious negligence.

But repeated minor discharges of polluting substances should be classed as a criminal offence if committed intentionally, recklessly or with serious negligence, the MEP says. This would dissuade offenders for whom "paying an administrative penalty costs them less than complying with the relevant legislation".

Mr de Grandes Pascual also wants to give member states 12 months to implement the new requirements. The commission proposed six months saying this should be sufficient given as the requirements mirror those contained in the annulled 2005 legislation, which should have already been implemented.

Follow-up: European parliament transport committee http://www.europarl.europa.eu/committees/tran_home_en.htm,

plus Mr de Grandes Pascual's draft amendments

http://www.europarl.europa.eu/meetdocs/2004_2009/documents/pr/743/743457/743457en.pdf.

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