Activities of Catherine CHABAUD related to 2023/0171(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences
Amendments (36)
Amendment 11 #
Proposal for a directive
Recital 1
Recital 1
(1) The Union's maritime policy is aimed at a high level of safety and environmental protection. This can be achieved through compliance with international conventions, codes and resolutions while maintaining the freedom of navigation as provided for by the United Nations Convention on the Law of the Sea. In this regard, it shall be recalled that the ocean should be recognised at an international level as a global common and should be protected in the light of its uniqueness and interconnectedness and the essential ecosystem services that it provides, on which current and future generations depend for their survival and well-being.
Amendment 11 #
Proposal for a directive
Recital 1
Recital 1
(1) The Union's maritime policy is aimed at a high level of safety and environmental protection. This can be achieved through compliance with international conventions, codes and resolutions while maintaining the freedom of navigation as provided for by the United Nations Convention on the Law of the Sea. In this regard, it shall be recalled that the ocean should be recognised at an international level as a global common and should be protected in the light of its uniqueness and interconnectedness and the essential ecosystem services that it provides, on which current and future generations depend for their survival and well-being.
Amendment 12 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The best action in relation to marine pollution and waste is to ensure prevention of the polluting substances being released into the ocean to start with. In view of the high prevalence of expanded polystyrene litter in the marine environment, which is explained by the fact that these products, because of their lightness, easily fly away from vessels and end up in the sea, Member States should consider the phasing out of expanded polystyrene containers and packaging from fishery products in line with the ambition of replacing single-use plastics with durable alternatives benefitting the environment and fishers.
Amendment 12 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The best action in relation to marine pollution and waste is to ensure prevention of the polluting substances being released into the ocean to start with. In view of the high prevalence of expanded polystyrene litter in the marine environment, which is explained by the fact that these products, because of their lightness, easily fly away from vessels and end up in the sea, Member States should consider the phasing out of expanded polystyrene containers and packaging from fishery products in line with the ambition of replacing single-use plastics with durable alternatives benefitting the environment and fishers.
Amendment 13 #
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) It is also of importance that actions to effectively recover released polluting materials and waste are supported. Fishers, aquaculture producers and their organisations are already working to collect waste including fishing gear lost or abandoned at sea and 'ghost gear' which represents a threat to all marine activities and ecosystems worldwide. These efforts cannot be expected to happen without a compensation mechanism tailored to these efforts. Whereas in the EU, an estimated 20% of fishing gear is lost at sea, accounting for nearly a third of marine litter in European seas18a and only 1,5% of worn out fishing gear get recycled18b, there is an urgent need to improve collection, recycling and repair of all fishing gear and therefore support is needed. In this regard, the Member States should exchange best practices and report on their different actions to recover and prevent the release of polluting materials and waste. _________________ 18a 'Circular economy: From abandoned fishing nets to sustainable clothing', European Commission. 18b 'Lost fishing gear: a trap for our ocean', European Commission.
Amendment 13 #
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) It is also of importance that actions to effectively recover released polluting materials and waste are supported. Fishers, aquaculture producers and their organisations are already working to collect waste including fishing gear lost or abandoned at sea and 'ghost gear' which represents a threat to all marine activities and ecosystems worldwide. These efforts cannot be expected to happen without a compensation mechanism tailored to these efforts. Whereas in the EU, an estimated 20% of fishing gear is lost at sea, accounting for nearly a third of marine litter in European seas18a and only 1,5% of worn out fishing gear get recycled18b, there is an urgent need to improve collection, recycling and repair of all fishing gear and therefore support is needed. In this regard, the Member States should exchange best practices and report on their different actions to recover and prevent the release of polluting materials and waste. _________________ 18a 'Circular economy: From abandoned fishing nets to sustainable clothing', European Commission. 18b 'Lost fishing gear: a trap for our ocean', European Commission.
Amendment 14 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Regulation (EC) No 1224/2009 includes reporting obligations on lost gears which Member States should transmit to the Commission. The Commission should use this information already received when evaluating the implementation of this Directive and the state of the Union in this regard.
Amendment 14 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Regulation (EC) No 1224/2009 includes reporting obligations on lost gears which Member States should transmit to the Commission. The Commission should use this information already received when evaluating the implementation of this Directive and the state of the Union in this regard.
Amendment 15 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Regulation No 1224/2009 makes illegally disposing of a fishing gear or gear at sea from a fishing vessel a serious infringement under that Regulation provided that specific criteria has been met. For such infringements there are obligations under Regulation (EC) No 1224/2009 for Member States to have appropriate administrative or criminal sanctions that are effective, proportionate and dissuasive.
Amendment 15 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Regulation No 1224/2009 makes illegally disposing of a fishing gear or gear at sea from a fishing vessel a serious infringement under that Regulation provided that specific criteria has been met. For such infringements there are obligations under Regulation (EC) No 1224/2009 for Member States to have appropriate administrative or criminal sanctions that are effective, proportionate and dissuasive.
Amendment 19 #
Proposal for a directive
Recital 10
Recital 10
(10) National administrative and judicial authorities should take into account all relevant circumstances when determining the level of penalties to be imposed to the polluter. Taking into account the diverse nature of polluting substances covered under Directive 2005/35/EC and the importance of consistent application of penalties across the Union in light of the cross-border nature of the regulated behaviour, further approximation and effectiveness of penalty levels should be fostered through the establishment of concrete criteria for the application of penalties for discharges of different polluting substances. In order to ensure tha level playing field and broad support across Member States for the administrative and judicial actions to be taken it is important to ensure as uniform as possible application of the penalties. In order to ensure these uniform conditions for the application of penalties, implementing powers should be conferred to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 . The examination procedure should be used for the adoption of these implementing acts. _________________ 26 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 19 #
Proposal for a directive
Recital 10
Recital 10
(10) National administrative and judicial authorities should take into account all relevant circumstances when determining the level of penalties to be imposed to the polluter. Taking into account the diverse nature of polluting substances covered under Directive 2005/35/EC and the importance of consistent application of penalties across the Union in light of the cross-border nature of the regulated behaviour, further approximation and effectiveness of penalty levels should be fostered through the establishment of concrete criteria for the application of penalties for discharges of different polluting substances. In order to ensure tha level playing field and broad support across Member States for the administrative and judicial actions to be taken it is important to ensure as uniform as possible application of the penalties. In order to ensure these uniform conditions for the application of penalties, implementing powers should be conferred to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 . The examination procedure should be used for the adoption of these implementing acts. _________________ 26 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 20 #
Proposal for a directive
Recital 12
Recital 12
(12) The accompanying measures for cooperation and the reporting obligations of Member States have not been sufficient until now to allow a complete analysis whether polluters face effective, dissuasive and proportionate penalties and that adequate data is made available to the Commission to monitor the implementation of Directive 2005/35/EC. In order to ensure the effective and consistent enforcement of Directive 2005/35/EC, exchange of information and experience should be facilitated through enhanced cooperation, while at the same time ensuring that adequate data are made available to the Commission in order to allow the proper monitoring of the implementation of Directive 2005/35/EC. In this context, the Member States should also exchange on best practices and actions taken to prevent marine waste, including fisheries waste, how more eco- design could be used to reduce the most common marine waste detected and their impacts on the environment, and good actions deployed to recover marine waste already at sea.
Amendment 20 #
Proposal for a directive
Recital 12
Recital 12
(12) The accompanying measures for cooperation and the reporting obligations of Member States have not been sufficient until now to allow a complete analysis whether polluters face effective, dissuasive and proportionate penalties and that adequate data is made available to the Commission to monitor the implementation of Directive 2005/35/EC. In order to ensure the effective and consistent enforcement of Directive 2005/35/EC, exchange of information and experience should be facilitated through enhanced cooperation, while at the same time ensuring that adequate data are made available to the Commission in order to allow the proper monitoring of the implementation of Directive 2005/35/EC. In this context, the Member States should also exchange on best practices and actions taken to prevent marine waste, including fisheries waste, how more eco- design could be used to reduce the most common marine waste detected and their impacts on the environment, and good actions deployed to recover marine waste already at sea.
Amendment 22 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Regulation (EU) 2021/1139 of the European Parliament and of the Council includes possibility for Member States to support actions to improve the eco-design of fishing gear as well as supporting actions for prevention and recovery of marine waste.
Amendment 22 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Regulation (EU) 2021/1139 of the European Parliament and of the Council includes possibility for Member States to support actions to improve the eco-design of fishing gear as well as supporting actions for prevention and recovery of marine waste.
Amendment 27 #
Proposal for a directive
Recital 14
Recital 14
(14) The Sub-group on Waste from Ships, which was set up under the European Sustainable Shipping Forum, and which brought together a wide range of experts in the field of ship-source pollution and the management of waste from ships, was adjourned in December 2017 in view of the start of interinstitutional negotiations of Directive (EU) 2019/883. Since that temporary Sub-group provided valuable guidance and expertise to the Commission, a similar expert group should be created with a mandate of exchanging experience on the application of this Directive in order to assist Member States in building their capacity to detect and verify pollution incidents and ensure the effective enforcement of Directive 2005/35/EC. It is also of importance to include all relevant stakeholders in these sub-groups, including the fisheries sector.
Amendment 27 #
Proposal for a directive
Recital 14
Recital 14
(14) The Sub-group on Waste from Ships, which was set up under the European Sustainable Shipping Forum, and which brought together a wide range of experts in the field of ship-source pollution and the management of waste from ships, was adjourned in December 2017 in view of the start of interinstitutional negotiations of Directive (EU) 2019/883. Since that temporary Sub-group provided valuable guidance and expertise to the Commission, a similar expert group should be created with a mandate of exchanging experience on the application of this Directive in order to assist Member States in building their capacity to detect and verify pollution incidents and ensure the effective enforcement of Directive 2005/35/EC. It is also of importance to include all relevant stakeholders in these sub-groups, including the fisheries sector.
Amendment 28 #
Proposal for a directive
Recital 15
Recital 15
(15) The European Maritime Safety Agency (‘EMSA’) established by Regulation (EU) xxxx/xxxx29 should provide the necessary support to the Commission to ensure the implementation of this Directive. The Commission should also utilize the data gathered by EFCA, where appropriate, especially in relation to lost fishing gear. _________________ 29 OJ L xxxx.
Amendment 28 #
Proposal for a directive
Recital 15
Recital 15
(15) The European Maritime Safety Agency (‘EMSA’) established by Regulation (EU) xxxx/xxxx29 should provide the necessary support to the Commission to ensure the implementation of this Directive. The Commission should also utilize the data gathered by EFCA, where appropriate, especially in relation to lost fishing gear. _________________ 29 OJ L xxxx.
Amendment 33 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2005/35/EC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. ‘polluting substances’ means substances subject to regulation by Marpol 73/78 Annexes I (oil), II (noxious liquid substances in bulk), III (harmful substances carried by sea in packaged form), IV (sewage from ships), V (garbage from ships) and Exhaust Gas Cleaning System residue, in its up-to-date version;
Amendment 33 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2005/35/EC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. ‘polluting substances’ means substances subject to regulation by Marpol 73/78 Annexes I (oil), II (noxious liquid substances in bulk), III (harmful substances carried by sea in packaged form), IV (sewage from ships), V (garbage from ships) and Exhaust Gas Cleaning System residue, in its up-to-date version;
Amendment 43 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2005/35/EC
Article 8d – paragraph 1a
Article 8d – paragraph 1a
1a. Member States shall take into account obligations stemming from other Union acts such as Regulation (EC) No 1224/2009 on Fisheries Control when implementing the obligations under paragraph 1.
Amendment 43 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2005/35/EC
Article 8d – paragraph 1a
Article 8d – paragraph 1a
1a. Member States shall take into account obligations stemming from other Union acts such as Regulation (EC) No 1224/2009 on Fisheries Control when implementing the obligations under paragraph 1.
Amendment 44 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2005/35/EC
Article 10 – paragraph 1a
Article 10 – paragraph 1a
1a. The Member States and the Commission shall cooperate in the exchange of information on best practices and actions taken to prevent marine waste, including fisheries waste, how more eco-design could be used to reduce the most common marine waste detected and their impacts on the environment, and good actions deployed to recover marine waste already at sea.
Amendment 44 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2005/35/EC
Article 10 – paragraph 1a
Article 10 – paragraph 1a
1a. The Member States and the Commission shall cooperate in the exchange of information on best practices and actions taken to prevent marine waste, including fisheries waste, how more eco-design could be used to reduce the most common marine waste detected and their impacts on the environment, and good actions deployed to recover marine waste already at sea.
Amendment 46 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2005/35/EC
Article 10a – paragraph 2a
Article 10a – paragraph 2a
2a. Member States shall also report on the measures taken in relation to prevention and recovery of marine waste as well as actions to replace materials in gears and products used at sea, such as expanded polystyrene containers and packaging, as appropriate, taking into account other reporting obligations under other Union acts.
Amendment 46 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2005/35/EC
Article 10a – paragraph 2a
Article 10a – paragraph 2a
2a. Member States shall also report on the measures taken in relation to prevention and recovery of marine waste as well as actions to replace materials in gears and products used at sea, such as expanded polystyrene containers and packaging, as appropriate, taking into account other reporting obligations under other Union acts.
Amendment 47 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2005/35/EC
Article 10c – paragraph 1
Article 10c – paragraph 1
1. Based on information reported by Member States in accordance with Article 10a as well as relevant information received under other Union acts, such as Regulation (EC) No 1224/2009 in relation to lost fishing gear, the Commission shall make publicly available a regularly updated Union-wide overview on the implementation and enforcement of this Directive. The overview shall include the information listed in Annex II to this Directive.
Amendment 47 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2005/35/EC
Article 10c – paragraph 1
Article 10c – paragraph 1
1. Based on information reported by Member States in accordance with Article 10a as well as relevant information received under other Union acts, such as Regulation (EC) No 1224/2009 in relation to lost fishing gear, the Commission shall make publicly available a regularly updated Union-wide overview on the implementation and enforcement of this Directive. The overview shall include the information listed in Annex II to this Directive.
Amendment 51 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2005/35/EC
Article 12a – paragraph ba
Article 12a – paragraph ba
(ba) relevant information gathered under other Union acts, such as Regulation (EC) No 1224/2009.
Amendment 51 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2005/35/EC
Article 12a – paragraph ba
Article 12a – paragraph ba
(ba) relevant information gathered under other Union acts, such as Regulation (EC) No 1224/2009.
Amendment 52 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2005/35/EC
Article 12a – paragraph 2
Article 12a – paragraph 2
2. As part of the review, the Commission shall assess the possibility of modifying the scope of this Directive, if appropriate, in view of among other elements the international standards for the prevention of air pollution from ships, including fishing vessels, subject to regulation by Marpol 73/78, notably sulphur oxide and nitrogen oxide emissions from ships, as well as in view of other standards regulating discharges from ships which have been made subject to regulation by Marpol 73/78, such as black carbon, marine litter, container loss, loss of plastic pellets and underwater noise.
Amendment 52 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2005/35/EC
Article 12a – paragraph 2
Article 12a – paragraph 2
2. As part of the review, the Commission shall assess the possibility of modifying the scope of this Directive, if appropriate, in view of among other elements the international standards for the prevention of air pollution from ships, including fishing vessels, subject to regulation by Marpol 73/78, notably sulphur oxide and nitrogen oxide emissions from ships, as well as in view of other standards regulating discharges from ships which have been made subject to regulation by Marpol 73/78, such as black carbon, marine litter, container loss, loss of plastic pellets and underwater noise.
Amendment 53 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2005/35/EC
Article 12a – paragraph 2a
Article 12a – paragraph 2a
2a. The Commission shall also compile the information Member States have submitted pursuant to Article 10a paragraph 2a and assess weather further actions on EU-level is needed and present, as appropriate, proposals to that effect.
Amendment 53 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2005/35/EC
Article 12a – paragraph 2a
Article 12a – paragraph 2a
2a. The Commission shall also compile the information Member States have submitted pursuant to Article 10a paragraph 2a and assess weather further actions on EU-level is needed and present, as appropriate, proposals to that effect.