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HomeEvaluation of Directive 2005/35/EC on ship-source pollution
Evaluation
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This study provides evidence to support the evaluation of Directive 2005/35/EC on ship-source pollution (SSP). The initiative was adopted in 2005, amended in 2009 and was subject to a back-to-back ex-post evaluation and an impact assessment in 2021-2023. The evidence was collected from identified literature sources, and new research undertaken to inform the evaluation questions covering the effectiveness, efficiency, relevance, coherence and EU added value of the intervention. The evaluation was based on a detailed evaluation matrix identifying relevant operational questions, indicators, assessment criteria, data sources and the relevant research tools. The main research tools included desk research and review of data provided by Member States, the development of case studies, analysis of stakeholder responses to the public consultation and findings from targeted surveys and interviews with stakeholders. The evaluation found that the Directive achieved more than what would have been achievable in its absence should action only be taken at national, regional or international level. Its key objective was to incorporate the standards of IMO’s International Convention for the Prevention of Pollution from Ships (MARPOL) related to the discharge of oil (Annex I)and noxious liquid substances in bulk (Annex II). The Directive has been successful in developing a common framework for EU Member States to enforce MARPOL requirements and a penalty regime for ship-source pollution offences in a broad spectrum. Nonetheless, a certain level of flexibility has been left to Member State authorities to interpret what would be defined as a minor case of ship-source pollution, and consequently, when administrative or criminal penalties are applicable. Regardless of the marked differences in approach, Member States tend to perceive the measures that are applied nationally to be effective. The Directive’s key added value is the creation of the CleanSeaNet, the European satellite-based oil spill and vessel detection service, to support Member State surveillance activities and facilitate the more effective and efficient detection of potential pollution incidents and identification of potential polluters. Still, the Directive’s limited scope, covering only MARPOL Annex I & II substances, is seen as an area where it lacks coherence with international and other EU maritime environmental regulation and also raises relevance concerns. The evaluation also identified an incoherence between the SSP Directive and the revision of Environmental Crime Directive (ECD) because the criminal provisions in the SSP Directive will cease to be applicable with the amendment of the ECD. Criminal provisions for ship-source pollution will be added to the ECD and consequently criminal provisions must be removed from the SSP Directive. Finally, the evaluation revealed a lack of consistent reporting on the implementation of the Directive across EU Member States, contributing to the uncertainty regarding the level and success of surveillance and enforcement activities. Moreover, the lack of nearly any data on the outcome of criminal cases and the eventual penalties imposed prevents building a solid understanding of the effectiveness and dissuasiveness of the current penalty regime. Therefore, there is a need for more robust monitoring arrangements to build up the evidence for any possible future evaluation and to improve the Directive’s application.
- Publicado em:
- Autor(es) institucional(ais): Directorate-General for Mobility and Transport (Comissão Europeia) , Ricardo
- Temas: Transportes fluviais e marítimos , Deterioração do ambiente
- Tema: acção da UE , consequências económicas , diretiva (UE) , impacto ambiental , impacto social , mobilidade sustentável , poluição pelos navios , tecnologia inteligente , valor acrescentado
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| ISSN | ISBN 978-92-68-07333-9 | DOI 10.2832/498278 | Número de catálogo MI-04-23-824-EN-N |
- Released on EU publications website:
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