WRITTEN QUESTION E-0724/03 by Rosa Miguélez Ramos (PSE) to the Commission. Prestige: sensitive sea areas.
Date: 2003-03-11
Institutions: European Parliament, Provisional data
Subjects: EC Directive, EU Member State, International Maritime Organisation, common fisheries policy, cooperation policy, environmental protection, fishery management, marine environment, pollution from ships, region dependent on fishing

C 268 E/124

Official Journal of the European Union

EN

7.11.2003

Answer given by Mrs de Palacio on behalf of the Commission

(23 April 2003)

The Commission shares the concerns of the Honourable Member about sanctions against pollution of the
European coastline. For this reason, it proposed on 5 March 2003 a Directive of the Parliament and of the
Council on ship-source pollution and on the introduction of sanctions, including criminal sanctions, for
pollution offences (1)

In line with the Commission’s proposal for a Directive on the protection of the environment through
criminal law (2), the proposed Directive establishes that marine pollution by ships is a criminal offence
when committed intentionally or through gross negligence. Sanctions will be applicable to any person (cid:1)
including the master, the owner, the operator and the charterer of a ship and to the classification society (cid:1)
who has been found to have caused or contributed to illegal pollution intentionally or by means of gross
negligence. The penalties may, in the most serious cases, include jail sentences.

The proposal is also an effort by the Commission to try to stop the thousands of deliberate discharges of
waste and cargo residues from ships around Europe (3). The proposed Directive provides detailed rules for
the discharge of polluting substances, including oil and chemicals, and makes any violation of those rules
illegal in Union waters. In addition, it prohibits pollution on the high seas, irrespective of the flag of the
ship.

To fight effectively against the phenomena of ship-source pollution, the proposed mechanism should be
backed up by measures harmonising criminal penalties and improving judicial cooperation pursuant to
Title VI of the Treaty on European Union.

The Commission is, therefore, to present very soon a proposal for a Framework Decision that aims to
strengthen the criminal-law framework by approximating the provisions laid down by law or regulation in
the Member States concerning ship-source pollution offences and to facilitate and encourage cooperation
between judicial authorities to repress these offences. More specifically, these complementing provisions
are relating to a harmonised minimum level of maximum penalties; jurisdiction of the courts; criminal
investigations in the port state; joint investigation teams; the commencement of proceedings; cooperation
between Member States; the notification of information; the designation of contact points.

The Commission believes that these proposals for a Directive and a Framework Decision will fill significant
regulatory gaps in Union regulation and will go a long way in establishing a culture of responsible
shipping in Union waters and beyond. The newly created European Maritime Safety Agency will assist the
Commission and Member States in establishing the information system required to effectively implement
this mechanism.

(1) COM(2003) 92 final.
(2) OJ C 180, 26.6.2001 as amended by OJ C 20 E, 28.1.2003.
(3) 390 oil slicks in the Baltic Sea and 596 in the North Sea in 2001, 1638 in the Mediterranean in 1999.

(2003/C 268 E/124)

WRITTEN QUESTION E-0724/03

by Rosa Miguélez Ramos (PSE) to the Commission

(11 March 2003)

Subject:

‘Prestige’: sensitive sea areas

On 21 November 2002, the European Parliament adopted a resolution on the ‘Prestige’ disaster off the
coast of Galicia. Paragraph 11 reads:

Calls on the Commission, in agreement with the Member States, to draw up a list of European sea-
fishing areas which warrant special protection by virtue of the nature of their marine ecosystems, their
fishery, shellfish and aquaculture resources and their high level of dependency on fisheries;

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Official Journal of the European Union

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How does the Commission review this request from Parliament?

What initiatives has it taken or does it intend to take in response?

Answer given by Mrs Wallström on behalf of the Commission

(16 April 2003)

The Commission has always supported the need to take measures to protect marine sites in order to
safeguard them from the possible impact of human activities, and shares Parliament’s point of view in this
respect.

The reasons for protection are varied, and include those mentioned by the Honourable Member.

At Community level, there are several legislative instruments which already make it possible to provide
special protection for marine sites. Mention should be made of Directives 92/43/EEC (1), the Habitats
Directive, and 79/409/EEC (2), the Birds Directive, which concern nature protection, and the relevant
measures under the Common Fisheries Policy.

In particular, the definition of marine areas that warrant special protection by virtue of the nature of their
ecosystems is a responsibility of Member States in accordance with both Nature Directives. A working
party has been set up to speed up the implementation of the Habitats and Birds Directives in the marine
environment. Its main objective is to ensure a common approach to the designation of marine sites and
their future management.

As regards the Common Fisheries Policy (CFP), some areas requiring special protection by virtue of their
fishery resources are already defined and subject to certain specific measures (the so-called ‘boxes’).
Following the reform of the CFP, the Commission committed to review these area restrictions to ensure
that they are solely based on scientific criteria of conservation.

The concept of areas highly dependent on fisheries was defined in 1976 as part of the criteria to determine
the first allocation of fish quotas, which were agreed in 1983. The criteria to determine quota allocation
for new fishing opportunities will be based, in accordance with Article 20 (2) of Council Regulation (EC)
No 2371/2002 (3), on the interests of each Member State, and, and therefore there is no need to define
again such areas for the purpose of quota allocation. Similarly, following Council Regulation (EC) No 1260/
1999 (4) on the Structural Funds, ‘depressed areas dependent on fisheries’ were defined in accordance with
Article 4 in order to be covered by Objective 2.

At all events, the Commission considers that the site protection measures should concern human activities
with an impact on the sites. This sectoral approach proposed for special conservation areas established
through the application of the Habitats Directive could also apply to other cases concerning the marine
environment.

With regard to the creation of particularly sensitive maritime areas, this is the responsibility of the
Member States in the framework of the International Maritime Organisation (IMO). The Commission,
which, in its Communication of 3 December 2002, proposed coordinated action by the Member States to
study the introduction of new measures to protect their coastal waters, will support the Member States’
proposals to designate such areas if necessary.

More in-depth discussions on this subject with the Member States and other international partners will no
doubt take place in the context of the work on the preparation of the new Community thematic strategy
for the conservation of the marine environment (5).

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora,

OJ L 206, 22.7.1992.

(2) Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, OJ L 103, 25.4.1979.
(3) Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of

fisheries resources under the Common Fisheries Policy, OJ L 358, 31.12.2002.

(4) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds,

OJ L 161, 26.6.1999.

(5) Communication from the Commission to the Council and Parliament: Towards a strategy to protect and conserve

the marine environment, COM(2002) 539 final.