EU maritime pollution rules impasse solved

The committee of the EU's Permanent Representatives yesterday agreed in principle on a compromise proposal put forward by the Dutch presidency solving the issue raised by Malta, Greece and Cyprus over new maritime pollution rules.

Malta was represented at the meeting by Richard Cachia Caruana, Permanent Representative in Brussels.

Sources close to the Council told The Times that the new agreement adopted yesterday by member states will effectively see the removal from the rules of the objectionable part to Malta, Greece and Cyprus.

The three Mediterranean states have been arguing that if introduced as proposed, the new rules would damage their shipping registers while favouring non-EU shipping registers, considered as flags of convenience.

The issue had been hotly debated between EU Justice Ministers over the last three months, however, it was only resolved at yesterday's meeting following a compromise proposal submitted by the presidency at the end of last week.

The main issues dealt with the relation between the framework decision and the Marpol (convention for the prevention of pollution from ships) and Unclos (the UN convention of the law of the sea), the possibility of introducing a ceiling for the maximum fines to be imposed on legal persons and the question of jurisdiction for offences committed outside the territory of a member state.

Malta, Cyprus and Greece argued that the rules being proposed would penalise their merchant fleets by going further than international agreements applicable to competitors outside the EU.

Yesterday's agreement also included a provision for the European Commission to look at the issue again in five years' time in order to see whether the rules approved would need revision.

Council sources told The Times it was also agreed that the EU will now attempt to negotiate with the International Maritime Organisation new rules in order to ensure that the same rules apply to all shipping registers and not only to those of the EU.

The compromise agreement reached yesterday is expected to be formally adopted at the next Council meeting.