BRUSSELS - Ships that pollute the ocean by flushing out their tanks at sea would be subject to criminal sanctions, including jail sentences those responsible, under a draft law proposed this week by the European Commission.

As part of a new get-tough approach to marine pollution since the Prestige oil tanker sinking off Spain late last year, the Commission proposal would ensure European Union countries come down hard on deliberate polluters. "Existing civil liability regimes for pollution by ships do not provide sufficient financial disincentives for shipowners and others involved in the transport of dangerous cargoes by sea to behave in the most responsible way," EU Transport and Energy Commissioner Loyola de Palacio said.

The bill is aimed at prosecuting deliberate spills of oil or other pollutants, or those caused by gross negligence and would require EU states to pursue those responsible whether the ship's master, owner, operator, charterer or even the classification society which certified the vessels as seaworthy.

The bill would mean EU governments would have to prosecute ships in their ports or waters that have polluted even far out from their costs, on the high seas.

The shipping community reacted with scepticism.

"It leaves a whole lot of unanswered questions," said Chris Horrocks, general secretary of the London-based International Chamber of Shipping.

National governments can already prosecute for cases of deliberate pollution, Horrocks said, questioning the need for an EU law.

The bill requires approval by the European Parliament and a weighted
majority of EU governments.