There is already political agreement on amending Directive 2005/35/CE, which has long governed discharges from ships and penalties tied to pollution offenses. This legislative framework emerged after the Erika and Prestige incidents, and with this new revision it will tighten scrutiny over vessels operating in union waters. The change expands its scope to cover more types of harmful substances released into the sea, and the fishing sector warned at the end of November about potential impacts on fishing from including provisions on sulfur oxides and nitrogen oxides emitted from ship exhausts. The European Parliament’s Fisheries Committee (PECH) urged the Transport Committee, which handles the matter, to consider the high demands associated with the age of the fleet. It also asked that the expansion of the scope be firmly reflected in the European Maritime, Fisheries and Aquaculture Fund (EMFAF), with stronger support for low-emission engines and fleet renewal.
Formal adoption of the political agreement will follow shortly. Once negotiations between the European Parliament and the Council conclude, the new rules will be published in the Official Journal of the European Union (OJEU) and will enter into force 20 days after publication. Member states will then have 30 months to transpose the Directive. Before publication, the Commission signaled its approval, stating that it welcomes the agreement with satisfaction.
The fishing sector does not share that sentiment for several weighty reasons. Daniel Voces, managing director of Europêche, notes that Brussels again avoids performing a socio-economic impact assessment of its policies. This is a pattern the shipowners have criticized before, such as when the ban on bottom fishing across 87 areas of the North Atlantic was approved without such a study. The Commission argues that the expansion focuses on ensuring compliance with international norms, norms that, according to the European executive, must be respected with or without the Directive.
For the European fishing industry association, the Commission omits that including provisions on sulfur oxides and nitrogen oxides from ship exhaust could hit the sector harder. Europêche highlights that the European fleet is aged, with vessels averaging 31.5 years, and owned by small and medium-sized enterprises with limited resources to invest in new low-emission engines. Furthermore, fishing is already subject to capacity limits that do not apply to commercial shipping.
Because of this, PECH, backed by Europêche, has pressed for EMFAF reform to provide greater support for low-emission engines and for fleet renewal. Voces emphasizes that the final agreement will need to preserve that objective, noting that the current pact does not yet grant access to the full terms. He points out that the legislative route to realize such reforms lies in revising EMFAF itself, which is expected to occur when the next European Commission is formed after the upcoming July elections. The key takeaway remains clear: decarbonizing the fleet will not happen without adequate funding.
Satellite monitoring improvements
Brussels confirms that all forthcoming measures will strengthen deterrence and help prevent marine pollution across Europe. A public statement says these steps will improve transparency by making online information about maritime pollution offences and penalties accessible. People will also be able to review how coastal authorities verify a potential spill following a satellite alert.
The directive will also clarify how administrative penalties are applied, aiming to make them more effective. Factors such as the scale of the unlawful discharge, environmental impact, and the financial capacity of the liable entity will be considered when member states set penalties. The plan includes creating more robust tools and platforms for exchanging information and experiences among authorities in member states. Among other measures, satellite monitoring of ship-sourced pollution will be enhanced via CleanSeaNet, the European Marine Safety Agency’s information-sharing database, with improved resolution and data handling.