Marine waters will be even better protected – new regulations

On November 18, 2024, the European Council adopted new regulations for safe, clean and modern shipping in the European Union. Among other things, the amendments to the following four directives increase penalties for discharges of illegal substances into water.

The package of legislation strengthening the protection of marine waters includes the following directives:

• On pollution from ships;
• On port state control;
• On compliance with flag state requirements;
• On investigations of accidents in the maritime transport sector.

The revised directives, in addition to supporting green shipping by bringing European Union regulations in line with international standards, are also expected to strengthen the implementation and enforcement of legal requirements through a stronger framework for cooperation between national and European authorities.

Context of the need to change regulations protecting marine waters

Oceans and seas are crucial to the security and economic development of the European Union (EU). According to information presented by the European Commission (EC), 75 percent of the EU’s foreign trade is carried by sea. Such transportation is therefore now an artery of the globalized economy of importance to the EU’s islands and peripheral and remote maritime regions.

Although maritime safety in EU waters is very high, with few fatalities and no major oil spills in recent years, and promotes cleaner, safer and modern shipping, four new pieces of legislation from the maritime safety legislative package have been adopted.

The adoption of the aforementioned draft directives was preceded by the preparation and presentation by the EC on June 1, 2023 of proposals for the scope of the amendments. Among other things, they were subject to public consultations, during which any EU citizen could express his or her opinion on them.

Amendments to the directive on ship-source pollution

To combat water pollution in the EU, those making illegal discharges will face stiffer penalties. Revised regulations:

• are expected to better protect the marine environment from pollution from ships;
• expand the scope of the existing directive to include illegal discharges of harmful substances carried in packages, wastewater and waste, and residues from exhaust gas cleaning systems;
• are expected to improve safety at sea;
• separate the system of administrative penalties from the system of criminal sanctions;
• amend administrative penalties and the effectiveness of their enforcement, so that competent national authorities can impose sanctions in a deterrent and consistent manner when European seas are polluted by ships;
• ensure that regulations are consistent with international rules and procedures.

Amendments to the directive on port state control

Port control by a member state, which is important for ensuring maritime safety and environmental protection, is a system of inspecting foreign ships to verify that the competence of the master, officers and crew on board and the condition of the ship and its equipment comply with the requirements of EU law and international conventions. Revised Directive:

• protects the environment;
• Aligns regulations with international rules and procedures set forth in the Paris Memorandum and International Maritime Organization conventions;
• Protects fishing vessels and their crews by, among other things, introducing a voluntary inspection system for fishing vessels over 24 meters in length;
• harmonizes the approach to carrying out port state control inspections.

Amendments to the directive on compliance with flag state requirements

The directive regulates the enforcement of regulations applicable to the flag state at the European Union level. Amended Directive:

• Aligns current regulations with international rules, primarily with regard to the IMO Instrument Implementation Code (Code III);
• Ensures proper inspections of flagged vessels;
• provides oversight in the form of monitoring by recognized organizations acting on behalf of the flag state;
• ensures the spread of digital solutions;
• provides a uniform approach to interpreting, reporting and measuring the performance of flag states’ fleets and their obligations.

Changes to the directive on accident investigations

Amendments to the Maritime Accident Investigation Directive that are intended to improve the effectiveness of the measures taken include fishing vessels under 15 meters in length, which means that accidents with fatalities and loss of ships will have to be investigated according to the directive’s provisions. The revised directive:

• enhances environmental protection;
• Increases protection of fishing vessels, their crews;
• clarifies definitions and regulations to ensure that member states’ investigative bodies promptly and in a harmonized manner investigate all accidents that require it;
• Increases the capacity of investigative bodies to investigate accidents and file reports;
• Aligns EU regulations with international requirements including International Maritime Organization conventions;
• Strengthens provisions on the independence of investigative bodies and the confidentiality of their findings
• reduces unnecessary administrative burdens.

Follow-up

Soon all the acts adopted as part of the package will be signed by the presidents of the Council and the European Parliament, and then published in the Official Journal of the EU.

The adopted regulations will enter into force twenty days after publication, and member states will then have 30 months to transpose the provisions into national law.