EU proposes to strengthen EMSA’s powers for maritime safety and pollution

The proposals include measures to prevent any type of illegal discharges into European seas, and will see an extension of the range of substances classified as polluting to include discharges of harmful substances carried in packaged form, sewage and garbage.

The proposals specifically identify discharge waters and residues from Exhaust Gas Cleaning Systems (scrubbers) as polluting substances.

The proposals also include measures to improve enforcement of maritime regulations by strengthening CleanSeaNet, EMSA’s surveillance and information sharing database. It will introduce obligations for information sharing for national authorities, which the European Commission expects to enhance cooperation between Member States in case of cross-border pollution incidents.

Alongside the measures to improve detection and investigation of illegal discharges, the measures propose a strengthened legal framework for penalties, such as fines, and their application for illegal pollution. The scale of the administrative penalties are expected to reflect the seriousness of the discharge, its environmental impact as well as “the financial strength of the responsible entity”.

The Motorship notes that the proposal to include airborne emissions is expected to be highly controversial. 

The proposals also include proposals focus on modernising and improving maritime safety rules, with attention on port state control and accident investigations, ’strengthening the enforcement of rules to reduce incidents and accidents, ultimately preventing loss of human life and environmental pollution’.

The Port State control amendments include proposals to align the rules with international rules, such as new Conventions on ballast water and sediments. 

The proposals include a dedicated proposal to extend the mandate of the European Maritime Safety Agency, which is likely to mean more say in safety, pollution, security, surveillance, ‘climate action’, crisis management and digitalisation.

The proposal specifically identifies EMSA’s role in implementing the FuelEU Maritime regulations, as well as the extension of the EU Emissions Trading System (ETS) to maritime transport.

More details on the proposals can be found here.