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ARTICLE · 28 AUGUST 2008

New Developments In The EU Criminal Competence Debate

Clifford Chance
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The publication by the European Commission of proposed amendments to Directive 2005/35/EC on Ship-Source Pollution marks a new chapter in the long running dispute between the EU Council of Ministers and the European Commission, as to which institution has the power to legislate on criminal matters.

European UnionTransport
Clifford Chance Global Environmental Group
Clifford Chance Global Environmental Group

The publication by the European Commission of proposed amendments to Directive 2005/35/EC on Ship-Source Pollution (the Shipping Directive) marks a new chapter in the long running dispute between the EU Council of Ministers and the European Commission, as to which institution has the power to legislate on criminal matters.

Background

The MARPOL Convention1 is one of the principal instruments in international law governing the protection of the environment from various types of pollution caused by poor shipping practices (and discharges in particular). Whilst this Convention has been in force since 1983, continuing evidence of shipping ignoring the rules and inadequate and uneven enforcement by Member States of the Convention, led to the Shipping Directive being adopted in 2005. This aims to create a level enforcement playing field by obliging Member States to enforce infringements of the MARPOL

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