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A Report from Brussels, March 2008
A report from Brussels
1. A brief look at the broader political scene
2. 3rd Maritime Safety Package
3. Air Pollution and MARPOL Annex VI
4. Greenhouse Gas Emissions
5. Ship Source Pollution and Criminalisation
6. “Straws in the wind”?
Hellenic Forum March 2008 2
A brief look at the broader political scene
• Slovenian presidency followed by France
• 2009 a year of change
Lisbon Treaty starts to kick-in
Parliament elections
New Commission to be appointed
• An integrated maritime policy
The 2007 – 2009 action plan
DG Fish becomes DG MARE
European Maritime Day
• “Environment, environment, environment”
Hellenic Forum March 2008 3
The EU ”triangle of power”
Commission
Commission
(Executive) ECJ
EMSA
European
Council Parliament
(Member States) (Direct election)
Hellenic Forum March 2008 4
3. Maritime Safety Package
1. Revised & upgraded EU Port State Control
2. Common criteria for Accident investigation
3. Revised control of EU Recognised Organisations
4. Revised EU Vessel Traffic Management (VTMS)
5. Passenger carriers liability (incorporating Athens
Convention in EU law)
6. Civil Liability and Certificates of Financial
Guarantees
7. EU Flag state criteria and control
Hellenic Forum March 2008 5
EU “Co-decision”procedure
Commission European Parliament Council
•
Prepares Initiative
Pre Decision
Formal Proposal
Political Agreement
Opinion &
1st Reading Common Position
2nd Opinion
2nd Common
Position
2nd Reading
Conciliation Adoption
Hellenic Forum March 2008 6
Rejects
A “package” or not a “package”
– That’s the question!
• 3.MSP was presented by the Commission
as a “package” for tactical reasons
• During First reading EP has taken the
same view as the Commission, the
Council not
• As a consequence all seven have passed
EP First Reading, only five have reached
Council Common position
• For the Second reading the Council
might be expected to effectively force
through a split
• A deal might be in the making
– The two remaining issues for
discussion at 7 April Transport Council
minister meeting. “Soft law” as a
result?
– Agreed five to be sent to the EP for Commission
second reading before the summer
or early in autumn?
Hellenic Forum March 2008 7
Air Pollution and MARPOL Annex VI
SOx
• EU
• Hierarchy of laws to secure air quality in Europe;
“CAFE” & “National Emissions Ceilings”
•Sulphur Fuel Directive (1999/2005) soon to be
revised again
• Pressure on IMO MARPOL Annex VI revision
NOx
• EMSA and GL - study published Feb 08 and
passed on to the IMO
• No particular EU measures to be expected
Hellenic Forum March 2008 8
The EU and Greenhouse Gas Emissions
• Political pressure is very strong and mounting
– EU Council Climate goals 2007 + Bali
– Commission “Climate and energy package” January 2008
– EP study on ETS and inclusion of new (including shipping) sectors
• Maritime - Action Plan (Adopted by EU Heads of States
Dec 2007)
– Evaluate options for legislation
– Promote use of shore-side electricity by ships at berth
• ETS?
– So far, revision without shipping
– But inclusion of shipping remains one out of several possible options
– Studies/Call for Tender out this week
– Public consultation on emissions proposals late 08/early 09
• If no “tangible” IMO outcome by mid 09 the EU will proceed with
legislation “immediately” to be ready for Copenhagen 2009
Hellenic Forum March 2008 9
Ship Source Pollution and Criminalisation
• Revision proposal for SSP Directive published on 11 March 08
- Co-decision begins with 1st reading in the EP soon
• What will be considered an offence under SSP?
– Ship-source discharges of polluting substances
– Criminal charges in Member States based on “intent”, “recklessness” or
“serious negligence”
• What is the punishment?
– 23 October 2007 the ECJ ruled in case C-440/05 that the Framework Decision
outlining the range of punishments was annulled
– As a consequence the Member States are no required to introduce "effective,
dissuasive and proportionate" criminal sanctions against offenders at national
level
– Member States are required to make sure that the penalties imposed on natural
persons are of a criminal nature.
Hellenic Forum March 2008 10
Ship Source Pollution and Criminalisation (cont.)
• The SSP in context
- A “complement” to the draft horisontal Directive (2007) on the
protection of the environment through criminal law (still in co-
decision, but process might be speeded up)
- As soon as in force the Commission will be able to start
infringement proceedings against Member States that fail to
implement the new directive
- Under Lisbon Treaty there is a possibility for criminal sanctions
to be harmonised at EU level which may lead to future revisions
• Implementation in Member States 6 months after
adoption
• Final ECJ verdict on INTERTANKO case still pending
Hellenic Forum March 2008 11
Some “straws in the wind”
• The power balance within and between the EU institutions are
shifting
Hellenic Forum March 2008 12
The EU ”triangle of power”
Commission
Commission
(Executive) ECJ
EMSA
European
Council Parliament
(Member States) (Direct election)
Hellenic Forum March 2008 13
Some “straws in the wind”
• The power balance within and between the EU institutions are
shifting.
– Stronger EP
– Dilution of “maritime” in the Council
– Strengthening of the Commission’s horisontal and environmental
outlook to the detriment of DG TREN’s more sector approach
– More mature regulatory scene also means more frequent appeals to
the ECJ for clarifications - by all parties
• Legal “clarifications” gradually opens-up new Pandora's
boxes;
– The French Erika verdict
– The recent ECJ Advocate general suggested definition of “waste”
– Future application of criminal charges
– Outcome of INTERTANKO Case still pending
Hellenic Forum March 2008 14
Some “straws in the wind” (2)
• Reoccurring attacks on the limitation rights
• The emergence of China (and others) as world powers might
impact on EU “Maritime” behavior. More international - or
more inward looking?
• Increasing EU influence on the IMO
– Coordination of EU positions at the IMO
– Regularised contacts between the IMO and EU at high level
– EU becomes a signatory to IMO Conventions?
• What will be the impact on all the above trends of a dramatic
down turn in world economy?
Hellenic Forum March 2008 15
Conclusions
• The world is becoming more complex – also the EU scene. As shipping
lobbyists we need to take this into account
• Increasingly INTERTANKO’s policies in one region or body will have
to be coordinated with that of other regions. “Think global – act local?”
• The cooperation with, and “use of”, Round Table and Tripartite should
be strengthened
• Safeguarding fundamental international rules and institutions more
important than ever but this can best be achieved in cooperation with
players such as the EU, the US and others
• When dealing with the EU it is essential to understand and make use of
the fact that this is not a monolithic structure. There are some strong
underlying forces driving the EU forward (ref the EU Treaties) but this
does not absence of internal strife. Within the main bodies and between
them. There is more scope for maritime to play on them all
Hellenic Forum March 2008 16
