Seen from Europe

A steep bill for polluters

We can still remember the Torrey Canyon in the English Channel in 1967, the Amoco Cadiz in 1978 in Nord-Finistère (Brittany), the Erika on the coast of Brittany in 1999 and, off the shores of Galicia (Spain) and reaching as far as the south-west coast of France, the sinking of the Prestige in November 2002. According to the European Commission, this last incident led to the discharge of 64,000 tonnes of heavy fuel oil into the ocean, one of the worst oil slicks ever to occur in Europe.
But aside from these spectacular disasters, some 6 million tonnes of hydrocarbons are dumped into the sea every year, the equivalent to a shipwreck every three days! Moreover, it is estimated that some 60,000 containers are jettisoned at sea each year. Again according to the Commission’s estimates, 150,000 tonnes of hydrocarbons are deliberately or accidentally discharged into the Mediterranean every year. It was high time that more severe action was taken to crack down on these acts of sea pollution and punish their perpetrators as criminals. In the view of Jacques Barrot, vice-president of the European Commission with responsibility for transport, "illegal discharges and serious negligence must be fought at all costs. The threat of sanctions will help protect our coasts".

It’s a done deal. Two legislative bills [1] , passed by European Finance Ministers on 12 July 2005, will come into force in March 2006. In the case of "carelessness or serious negligence", and not just where it is committed "with intent or recklessly", the member states must treat polluting discharges from ships as illegal acts, punishable by criminal sanctions in the most serious cases.
The Directive in fact requires the application of "effective, proportionate and dissuasive sanctions" on those responsible for marine pollution and harmonises the level of fines: from 150,000 euros to 1.5 million euros. In some countries this amounts to a tenfold increase in the penalties imposed. Moreover, responsibility is no longer limited to the captain and owner of the ship, but now extends to the fleet owner, the manager, the charterer... and the Directive applies to every ship which calls at a port in the European Union, in the exclusive economic zone, i.e. 200 miles off the coast and up to 12 miles in the case of "serious negligence". A steep bill which might become steeper still if the situation does not improve. The European Commission, which will submit a report five years from now, is considering the introduction of even stronger sanctions at that time.

Mélina Gazsi,
journalist