The new EU Directives on Environmental Protection through Criminal and Administrative Law concerning ship-source pollution.

By Marina Aliferopoulou*

I.                  Introduction.

The strengthening of the European legislation and policy for the protection of the marine environment through criminal and administrative law constitutes one of the most significant developments of the recent years. The two new Directives, Directive (EU) 2024/1203 and Directive (EU) 2024/3101, introduce stricter obligations and enhanced sanctions for violations related to pollution and environmental degradation.

II. New EU Directives.

1. Directive (EU) 2024/1203 of the European Parliament and of the Council of 11 April 2024: The New Criminal Protection of the Environment.

Purpose:

Directive (EU) 2024/1203 replaces Directives 2008/99/EC and 2009/123/EC and establishes criminal offences, sanctioning rules, and measures for the prevention and combating of the environmental crime, as well as for the effective enforcement of the Union’s environmental law.

Criminal Offences:

Member States are required to ensure that the following conduct constitutes a criminal offence under their national legislation when committed intentionally, including:

The discharge, emission, or introduction of quantities of materials or ionising radioactive substances into the air, soil, or water that cause or are likely to cause death, serious bodily injury, or substantial damage to air, soil, or water quality, or to an ecosystem.
The collection, transport, or management of waste, particularly hazardous waste within the meaning of Article 3(2) of Directive 2008/98/EC, or other categories of waste, where such conduct results in the aforementioned consequences.
The discharge of polluting substances from ships falling within the scope of Directive 2005/35/EC, where such discharge produces the same harmful effects.
The recycling of ships falling within the scope of Regulation (EU) No 1257/2013 where the relevant requirements are not complied with.
The production, placing on the market, import, export, use, or release of substances that deplete the ozone layer.
Qualified Criminal Offences:

Member States must also ensure that the above conduct constitutes qualified criminal offences where it causes:

The destruction of, or widespread, irreversible, or long-lasting damage to, an ecosystem of considerable size or to a habitat within a protected area; or
Widespread and substantial damage, which is either irreversible or long-lasting, to the quality of air, soil, or water.
Furthermore, Member States may establish additional criminal offences aimed at protecting the environment.

Liability and Penalties for Natural Persons:

Member States are required to provide for custodial penalties of at least 10, 8, or 5 years of imprisonment, depending on the seriousness of the offence.

Additional sanctions may include:

Environmental restoration measures;
Compensation payments;
Financial penalties;
Exclusion from public funding;
Temporary disqualification from standing for or holding public office.
Liability and Penalties for legal entities:

Similar sanctions and measures must be available against companies and their legal representatives, including:

Temporary or permanent bans on business activities;
Withdrawal of permits and authorizations;
Placement under judicial supervision;
Dissolution or liquidation;
Closure of facilities used in the commission of the offence;
Significant financial penalties linked to turnover.
Aggravating and Mitigating Circumstances:

Aggravating circumstances include:

Irreversible damage to an ecosystem;
Commission of the offence within the framework of a criminal organisation;
Use of forged documents;
Destruction of evidence;
Commission of the offence in specially protected areas.
Mitigating circumstances include:

Restoration of the environment to its previous condition; and
Provision by the offender of information to administrative or judicial authorities that could not otherwise have been obtained.

2. Directive (EU) 2024/3101 of the European Parliament and of the Council of 27 November 2024: Administrative Sanctions for Ship-Source Pollution.

Purpose:

Directive (EU) 2024/3101 amends Directive 2005/35/EC and incorporates international standards on ship-source pollution into EU law. Its objective is to ensure that any company or other legal or natural person responsible for unlawful discharges of polluting substances is subject to administrative penalties and fines, thereby improving maritime safety and enhancing the protection of the marine environment from pollution caused by ships.

Administrative Sanctions:

For the effective enforcement of sanctions, the following factors are taken into account:

The severity of the discharge;
The degree of fault or negligence of the responsible party;
The environmental damage caused;
The economic benefits gained by the company as a result of the discharge;
Efforts by the company or other responsible parties to mitigate the damage;
The level of cooperation with the authorities;
Any previous pollution-related offences.
Exchange of Information:

To achieve the objectives of the Directive, Member States cooperate with the European Maritime Safety Agency (EMSA) and exchange information through the CleanSeaNet European satellite-based pollution monitoring service and the THETIS-EU information system.

Reporting Requirements:

For each pollution incident that is verified and confirmed by a Member State, the information included in the Union-wide overview published by the European Commission shall contain:

The date of the incident;
Identification details of the vessel involved;
The location and extent of the pollution;
The type of pollutant;
Verification details; and
The administrative sanction imposed.

III.           Implementation of the Directives.

Greece is required to implement these Directives into its national legal framework by 2026-2027. The new legislation is expected to bring significant changes to the criminal protection of the environment, including stricter sanctions for environmental crimes, expanded liability for shipowners and ship managers, and strengthened powers of port and maritime authorities regarding the monitoring and enforcement of pollution-related incidents.

IV.           Conclusion.

The new Directives introduce a stringent framework for environmental violations through a combination of criminal and administrative measures, enhanced technological monitoring tools, and transparent enforcement procedures. Nevertheless, their effectiveness will ultimately depend on how the rules are interpreted by national courts and enforced by the competent administrative authorities.

*Marina Aliferopoulou

Shipping Lawyer & Mediator

www.aliferopoulou-law.gr