Baltic and European news
EU to toughen maritime pollution laws
2502, 11/03/08
Member states would be required to criminalise the most serious breaches of EU maritime pollution law under a legislative proposal tabled by the European commission on Tuesday.
The proposal clarifies and strengthens existing legislation. It would replace a 2005 directive that merely required member states to impose penalties on serious offenders that "may include criminal or administrative sanctions" (EED 22/02/05 http://www.endseuropedaily.com/18262).
The new directive would oblige EU states to impose criminal sanctions for intentional, reckless or seriously negligent polluting discharges by ships. But it does not specify penalty levels.
Governments introduced such sanctions in a framework decision in 2005 but the commission had no control over its implementation. A European court ruling annulled the decision last year, leading the commission to table new proposals (EED 23/10/07 http://www.endseuropedaily.com/24142).
The court ruled the decision should not have been adopted under the EU's "third pillar" - which excludes the commission and parliament from the decision-making process - but under its "first pillar". It also said that while the EU could demand criminal penalties, it could not set their level.
Tuesday's proposal strengthens EU maritime law because unlike a framework decision, a directive can be enforced through the European court of justice. It means the commission will be able to launch infringement proceedings against member states that fail to implement the new directive.
Implementation will be judged on whether member states introduce "effective, dissuasive and proportionate" criminal sanctions against serious offenders. Previously, some member states ignored these altogether in favour of administrative penalties, or set "too low" fines says the commission.
Criminal sanctions will be required for individuals in all member states, but companies may face administrative penalties - albeit for criminal offences - in those that do not recognise "legal" persons as criminally liable.
Harmonised criminal sanctions will become a legal possibility when the new Lisbon treaty enters force. The commission says it will reconsider then the need for a legislative proposal setting out EU-wide sanction levels.
The draft law complements a legislative proposal to criminalise the most serious environmental offences in the EU. MEPs and governments hope to strike an agreement on the plan by summer (EED 27/02/08 http://www.endseuropedaily.com/24931).
Follow-up: European commission http://ec.europa.eu/, tel: +32 2 299 1111, plus press release
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