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From · agreement provisional · 2024-02-28 TRAN-AG-759758 Proposal for a directive of the European Parliament and of the Council amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences

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To · opinion parliamentary committee · 2023-11-15 PECH-AD-753445 on the proposal for a directive of the European Parliament and of the Council amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences

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~~28.2.2024~~

PA_Legam

~~PROVISIONAL AGREEMENT RESULTING FROM INTERINSTITUTIONAL NEGOTIATIONS~~

SHORT JUSTIFICATION

Subject: Proposal for a directive of the European Parliament and of the Council amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences

The conservation of marine biological resources is at the core of the Common Fisheries Policy as the fishing sector is a victim of marine pollution which includes, among many other sources, illegal discharges of polluting substances into the sea from ships.

~~(COM(2023)0273 – C90187/2023 – 2023/0171(COD))~~

Therefore, the Rapporteur welcomes this Commission proposal updating Directive 2005/35/EC on ship-source pollution and the introduction of penalties for pollution offences.

The interinstitutional negotiations on the aforementioned proposal for a directive have led to a compromise. In accordance with Rule 74(4) of the Rules of Procedure, the provisional agreement, reproduced below, is submitted as a whole to the Committee on Transport and Tourism for decision by way of a single vote.

The Rapporteur points out that the definition of ship source pollution is outlined in Annexes I to VI of the International Convention for the Prevention of Pollution from Ships, 1973, and its 1978 Protocol (Marpol 73/78), which are legally binding for the European Union. The enforcement of higher standards will ensure a level playing field for the shipping sector, which has a transnational dimension with positive effects on marine ecosystems and thus fisheries.

~~THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,~~

The Rapporter welcomes tighter emission limits; however, cautions that the inclusion of provisions on sulphur oxide and nitrogen oxide emissions from ship exhausts may have an impact on the EU fishing fleet, which is primarily comprised of ageing vessels belonging to SMEs with limited resources for investing in new low emission engines. The extension of the Directive’s scope to cover additional substances under Marpol 73/78 will need to be strongly reflected in the EMFAF with increased support for low emission engines and fleet renewal.

~~Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,~~

The Rapporteur urges the commission to support fleet renewal through EMFAF.

~~Having regard to the proposal from the European Commission,~~

The rapporteur also introduces a new definition to the draft and underscores the need for vigilance in areas with significant fishing activity, defending the dual cause of ecological protection and sustenance of fishing communities. The Rapporteur also calls for an informed maritime community, emphasising the need for education and training.

~~After transmission of the draft legislative act to the national parliaments,~~

Finally, the Rapporteur also recommends that the inclusion of feedback from fishing communities and a collaborative approach with maritime stakeholders highlight the Directive's complete vision, aiming to balance ecological protection with the sustainability of fishing communities.

~~Having regard to the opinion of the European Economic and Social Committee ,~~

To conclude, in addition to achieving a level playing field among third-country fleets operating in EU waters, the Rapporteur hopes that this will facilitate coordinated controls by Member States, as well as prosecution and cross-border enforcement, ultimately leading to a reduction in ship-source pollution.

~~After consulting the Committee of the Regions ▌ ,~~

AMENDMENTS

~~Acting in accordance with the ordinary legislative procedure,~~

The Committee on Fisheries calls on the Committee on Transport and Tourism, as the committee responsible, to take the following into account:

~~Whereas:~~

Amendment 1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(2) The International Convention on the Prevention of Pollution from Ships (‘Marpol 73/78’) provides for general prohibitions on discharges from ships at sea, but also regulates the conditions under which certain substances can be discharged into the marine environment. Marpol 73/78 contains exceptions for the discharge of polluting substances subject to its Annexes that shall not be regarded as an infringement when the specified conditions are fulfilled. Those Annexes do not exempt the cases where those liable for the damage acted either with intent to cause damage or recklessly and with knowledge that damage would probably result.

(1) The Union's maritime policy is aimed at a high level of safety and environmental protection. This can be achieved through compliance with international conventions, codes and resolutions while maintaining the freedom of navigation as provided for by the United Nations Convention on the Law of the Sea. In this regard, it shall be recalled that the ocean should be recognised at an international level as a global common and should be protected in the light of its uniqueness and interconnectedness and the essential ecosystem services that it provides, on which current and future generations depend for their survival and well-being.

(3) Since the adoption of Directive 2005/35/EC of the European Parliament and of the Council ▌3, Marpol 73/78 and its Annexes have been the subject of important amendments, which have put in place stricter norms and prohibitions for the discharges of substances from ships into the sea. These changes as well as the lessons learned from the implementation of Directive 2005/35/EC should be taken into account.

Amendment 2

(3a) While an overarching objective of this Directive is to transpose important amendments to Marpol 73/78 of the International Maritime Organization (IMO), into Union law, an up-to-date and complete text of Marpol 73/78 and its related annexes is not publicly available. This makes it burdensome for the sector, citizens and administrations to gain proper access to the text of Marpol 73/78 and other similar IMO conventions.

Proposal for a directive

~~(3b) Member States should work within the IMO to make the full and up-to date texts of IMO conventions, including Marpol 73/78 and its annexes, accessible to the public free of charge.~~

Recital 2 a (new)

(4) Directive (EU) 2019/883 of the European Parliament and of the Council4 ensures that waste is delivered to Union ports, where it is collected by adequate port reception facilities. The enforcement of Directive 2019/883/EC is, together with Directive 2005/35/EC, a key instrument in preventing ship-source pollution. In order to ensure an effective, integrated and coherent enforcement system vis-à-vis the provisions of Directive (EU) 2019/883 on waste delivery to port reception facilities, Directive 2005/35/EC should be amended in order to extend its scope to Annexes IV to VI to Marpol 73/78, in view of discouraging ships from discharging illegally polluting substances into the sea, instead of delivering them in port reception facilities in accordance with the provisions of Directive (EU) 2019/883.

Text proposed by the Commission

(5) Directive (EU) 2019/883 does not cover under its scope Annex III of Marpol 73/78 because packaged goods are not categorised as waste, therefore they are usually not delivered in port reception facilities. However, it cannot be ruled out that harmful substances carried in packaged form could be illegally jettisoned into the sea. In light of the above, the scope of Directive 2005/35/EC should be extended to Annex III to Marpol 73/78. Accordingly, jettisoning of harmful substances should be prohibited under Directive 2005/35/EC, unless it is found by competent authorities that it was necessary for securing the safety of the ship or saving life at sea. In this regard, discharges referred to in this Directive do not include dumping under the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, and its 1996 Protocol.

Amendment

(6) Marpol 73/78 includes emissions from ships in the definition of discharges in Article 2 thereof. Annex VI to Marpol 73/78 addresses the prevention of air pollution from ships. Annex VI and the corresponding IMO guidelines on Exhaust Gas Cleaning Systems (EGCS) (Resolution MEPC.340 (77)) allow for the use of EGCS by ships of as an alternative compliance method to reduce sulphur oxide (SOx) emissions. Annex VI regulates the residue ▌ from EGCS ▌ by prohibiting their discharge at sea and requiring their delivery to adequate port reception facilities ▌ . Directive (EU) 2016/802 of the European Parliament and of the Council5 transposes international SOx standards into Union law, while Directive (EU) 2019/883 ensures that EGCS residue is delivered in port reception facilities. Since EGCS residue ▌ cause pollution to the marine environment, the penalties provided under Directive 2005/35/EC should apply in case of illegal discharges. ▌

(2a) The best action in relation to marine pollution and waste is to ensure prevention of the polluting substances being released into the ocean to start with. In view of the high prevalence of expanded polystyrene litter in the marine environment, which is explained by the fact that these products, because of their lightness, easily fly away from vessels and end up in the sea, Member States should consider the phasing out of expanded polystyrene containers and packaging from fishery products in line with the ambition of replacing single-use plastics with durable alternatives benefitting the environment and fishers.

(6a) The “discharge waters”, as defined in both MEPC.1/Circ.899 and Resolution MEPC.340(77), could be discharged directly overboard if they are compliant with discharge water quality criteria set out in the guidelines for exhaust gas cleaning systems. However, the discharge waters from EGCS may affect the ecosystem although they are complying with Marpol 73/78. In this case, the Member State may impose restrictions or limitations which can be based on the evaluation carried out using the methodology for risk and impact assessments contained in the guidelines developed by the IMO and recommended by MEPC. In that case, the “discharge waters” cause pollution to the marine environment, and the administrative penalties provided under Directive 2005/35/EC should apply in case of illegal discharges with due consideration to MEPC.1/Circ.883/Rev.1.

Amendment 3

(7) Directive (EU) 2023/xxxx of the European Parliament and of the Council6 ensures common definitions of environmental criminal offences and the availability of dissuasive, effective and proportionate criminal sanctions for serious environmental offences. Directive 2005/35/EC was amended by Directive 2009/123/EC of the European Parliament and of the Council7, which introduced criminal penalties for certain infringements of Directive 2005/35/EC, which should now fall within the scope of Directive (EU) 2023/xxxx. Accordingly, the provisions of Directive 2005/35/EC which were added or replaced by Directive 2009/123/EC should be deleted from Directive 2005/35/EC.

Proposal for a directive

(8) Administrative penalties introduced in transposition of Directive 2005/35/EC should be without prejudice to Directive (EU) 2023/xxxx. Member States should define the scope of administrative and criminal law enforcement with regards to ship-source pollution offences according to their national law. This Directive does not prevent Member States from taking more stringent measures in conformity with Union and international law, by providing for administrative or criminal penalties in accordance with their national law. In the application of national law transposing Directive 2005/35/EC, Member States should ensure that the imposition of criminal penalties and of administrative penalties respects the principles of the Charter of Fundamental Rights of the European Union, including the prohibition of ne bis in idem, taking due account of the “polluter pays principle”, as and when applicable.

Recital 2 b (new)

(9) The penalties provisioned by Directive 2005/35/EC should be strengthened by ensuring consistent application of administrative penalties throughout the Union. To strengthen the deterrent effect of penalties imposed for ship-source pollution offences, such administrative penalties should take at least the form of fines imposed to the company of the ship held liable. In this context, the company of a ship means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, which has assumed the responsibility for the operation of the ship from the shipowner, in alignment with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (‘ISM Code’)8, implemented in Union law by virtue of Regulation (EC) No 336/2006 of the European Parliament and of the Council9. Directive 2005/35/EC should recognise that the management of the ship could be delegated by the registered owner to a different entity, which should then be held in the first place liable for not implementing its obligations under the ISM Code to ensure the avoidance of damage to the environment or the assignment of shipboard operations to qualified personnel. Without prejudice to the applicable Union legislation, the decision on the penalty to be applied should be made within the scope of the national administrative and criminal law enforcement systems. For criminal penalties, the Member State adheres to the obligations set out in Directive (EU) 2023/xxxx, the revised Environmental Crime Directive. Accordingly, this Directive only concerns administrative penalties and does not concern criminal proceedings against natural or legal persons in accordance with national law.

Text proposed by the Commission

(9a) Recognising that compliance for some Member States with the requirement for administrative penalties is not possible due to national constitutional law, Member States may apply the provisions on administrative penalties of this Directive in a manner where the fines are initiated by the competent authority and imposed by competent national courts, while ensuring the need for effective, proportionate and dissuasive penalties. When thus referring to administrative penalties of this Directive, those Member States will apply penalties in the meaning of their national legal system.

Amendment

(9b) Irregularities and information could arise from a port State control inspection carried out under Directive 2009/16/EC when it is mandatory or when it is scheduled. Irregularities could also be detected with respect to the delivery of ship-generated waste, or the notification thereof, as required under Directive (EU) 2019/883 or with respect to non-compliance with the criteria for the use of exhaust gas cleaning systems operated as emissions abatement methods set out in Annex II to Directive (EU) 2016/802, as well as information obtained relating to a potential illegal discharge of the ship obtained through the procedures foreseen in Directive 2002/59/EC, including any proof or presumptive evidence on discharges of oil or other infringements of Marpol 73/78 communicated to the Member State or incidents or accidents reported by the master of the ship, and any other information by persons involved in the operation of the ship, including pilots.

(2b) It is also of importance that actions to effectively recover released polluting materials and waste are supported. Fishers, aquaculture producers and their organisations are already working to collect waste including fishing gear lost or abandoned at sea and 'ghost gear' which represents a threat to all marine activities and ecosystems worldwide. These efforts cannot be expected to happen without a compensation mechanism tailored to these efforts. Whereas in the EU, an estimated 20% of fishing gear is lost at sea, accounting for nearly a third of marine litter in European seas18a and only 1,5% of worn out fishing gear get recycled18b, there is an urgent need to improve collection, recycling and repair of all fishing gear and therefore support is needed. In this regard, the Member States should exchange best practices and report on their different actions to recover and prevent the release of polluting materials and waste.

(9c) Irregularities or information giving rise to a suspicion that an illegal discharge has taken place might be discovered during a port State control inspection. In that case, a new inspection might not be necessary or sufficiently effective. Rather, the Member State could take other appropriate action, such as detaining the ship, instituting proceedings or taking remedial measures.

_________________

(10) National administrative and judicial authorities should take into account all relevant circumstances, including ship-source pollution recidivism, when determining the level of penalties to be imposed on the polluter. Taking into account the diverse nature of polluting substances covered under Directive 2005/35/EC and the importance of consistent application of penalties across the Union in light of the cross-border nature of the regulated behaviour, further approximation and effectiveness of penalty levels should be fostered through exchange on criteria for the determination and the application of penalties for discharges of different polluting substances. In order to ensure the effective application of penalties and to achieve the objectives of this Directive, it is crucial to facilitate the exchange of experiences and best practices between Member States' national competent authorities. Furthermore, based on the insights gained from this exchange, the Commission could propose more specific guidelines, including on specific types of polluting substances and sensitive areas of concern.

18a 'Circular economy: From abandoned fishing nets to sustainable clothing', European Commission.

(11) When a Member State suspects that a ship which is voluntarily within its port or at an off-shore terminal committed an illegal discharge, an appropriate inspection should take place to establish the circumstances. In order to assist Member States with their obligations under Directive 2005/35/EC to inspect such ships, Annex I to Directive 2005/35/EC provides an indicative list of irregularities or information that should be taken into account by competent authorities on a case-by-case basis when determining whether a ship should be considered suspect.

18b 'Lost fishing gear: a trap for our ocean', European Commission.

Amendment 4

(12a) In order to enhance the information required for the effective implementation of this Directive, Member States have at their disposal relevant reporting mechanisms, such as reporting in the framework of regional sea conventions and other regional cooperation arrangements, e.g. the Bonn Agreement, the North Sea Network of Investigators and Prosecutors and the Network of Prosecutors on Environmental Crime in the Baltic Sea Region.

Proposal for a directive

Recital 4 a (new)

(13a) In order to ensure the effective monitoring of the Directive’s implementation by all Member States, a digital analysis of all high confidence alerts should be ensured by each Member State within the first three years from the transposition of this Directive. Within this same timeframe, all Member States should also indicate whether they verify or not those high confidence alerts sent by CleanSeaNet every year, striving to verify at least 25% of those high confidence alerts, where verify means any follow-up actions by competent authorities of an alert sent by CleanSeaNet to determine whether the alert in question present an illegal discharge. If a Member State does not verify an alert, it should indicate the reasons for not doing so.

Text proposed by the Commission

(13b) In application of this provision, ‘high confidence alerts’ should be understood as referring to ‘Class A’ CleanSeaNet alert detections when relating to potential discharges of polluting substances under Annex I and II to Marpol 73/78. With regard to polluting substances under other Annexes to Marpol 73/78, and as these are currently not being monitored by CleanSeaNet, a confidence level approach cannot be currently established. The Commission with the assistance of EMSA will develop semi-automated checks of satellite images for polluting substances under other Annexes to Marpol 73/78 to establish the possibility of determining their confidence level. Verification activities could include many actions by several competent authorities, such as on-site verification, comparing the satellite detection with the nationally available auxiliary data and port State control inspections.

Amendment

(13c) Access to this information should be granted to the authorities of other Member States having an interest in it under their roles as port States of the next port of call, coastal States affected by the potential discharge or flag States of the ship in order to facilitate effective and timely cross-border cooperation, minimise the administrative burden of enforcement activities and ultimately effectively penalise offenders for infringements of Directive 2005/35/EC. The use of new technologies such as drones and decision support techniques, such as artificial intelligence, should also be fostered.

(4a) The EU fishing fleet is on average 31,5 years old, fleet renewal should be supported through EMFAF (Regulation EU 2021/1139) contributing to meet ever higher environmental regulations, especially for the development of sustainable small-scale coastal fishing.

(13d) As part of the evaluation and review, the Commission should assess the verification rates of Member States and should envisage to propose, if appropriate, verification rates higher than foreseen in the current Directive, based on technological developments and the particular circumstances and capabilities of Member States.

Amendment 5

(13e) It should be acknowledged that the circumstances of coastal Member States are very varying in terms of their geographical location, the size of the waters over which they exercise jurisdiction and the density of maritime traffic as well as their resources and cost-efficient access to available technology and means to detect, verify and collect evidence in respect of illegal discharges.

Proposal for a directive

(14) The Sub-group on Waste from Ships, which was set up under the European Sustainable Shipping Forum, and which brought together a wide range of experts in the field of ship-source pollution and the management of waste from ships, was adjourned in December 2017 in view of the start of interinstitutional negotiations on Directive (EU) 2019/883. Since that temporary Sub-group provided valuable guidance and expertise to the Commission, a similar expert group should be created with a mandate of exchanging experience on the application of this Directive in order to assist Member States in building their capacity to detect and verify pollution incidents and ensure the effective enforcement of Directive 2005/35/EC.

Recital 5 a (new)

~~(15) The European Maritime Safety Agency (‘EMSA’) should provide the necessary support to the Commission to ensure the implementation of this Directive.~~

Text proposed by the Commission

(16) Member States should report to the Commission the information needed to ensure a proper monitoring of the implementation of Directive 2005/35/EC. In order to limit administrative burdens and assist the Commission in analysing the data provided by Member States, such information should be reported by Member States through a dedicated electronic reporting tool, developed by the Commission. To the extent that such information relates to penalties imposed on or involving natural persons, such information shall be anonymised. In order to ensure that information reported in accordance with Directive 2005/35/EC is comparable in type among Member States and collected on the basis of a harmonised electronic format and procedure for reporting, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council13.

Amendment

(17) In order to assist Member States with the development of their capacities regarding effective enforcement of Directive 2005/35/EC by the national administrative and judicial authorities, the Commission, with the assistance of EMSA, should provide Member States with guidance and training relating to, inter alia, best methods and practices for detection, verification and evidence collection, as well as guidance on relevant regulatory developments of Marpol 73/78 and on technological developments available, including new digital tools, in order to facilitate effective, cost-efficient and targeted enforcement activities.

(5a) Regulation (EC) No 1224/2009 includes reporting obligations on lost gears which Member States should transmit to the Commission. The Commission should use this information already received when evaluating the implementation of this Directive and the state of the Union in this regard.

(18) In order to increase public awareness of ship-source pollution discharges and to improve environmental protection, information provided by the Member States on the application of Directive 2005/35/EC should be made publicly available through a Union-wide overview and include the information listed in Annex II of Directive 2005/35/EC. Directive 2003/4/EC of the European Parliament and of the Council14 aims to guarantee the right of access to environmental information in the Member States in line with the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention), to which the Union is a party. The Commission should protect the confidentiality of information received by Member States, without prejudice to the provisions of Directive 2003/4/EC.

Amendment 6

(19) Directive (EU) 2019/1937 of the European Parliament and of the Council15 lays down minimum standards on reporting of breaches of Union law, including breaches of Directive 2005/35/EC, and for the protection of persons reporting such breaches. Member States should ensure, in particular, that crew under the scope of Directive (EU) 2019/1937 reporting actual or potential illegal discharges are granted protection, support and assistance, as appropriate, as provided for in that Directive. In addition to the existing reporting channels provided at national level as regulated under Directive (EU) 2019/1937, the Commission should make available a centralised online external reporting channel for reporting actual or potential illegal discharges and relay such reports to the Member State or Member States concerned, which should subsequently handle these reports in accordance with Directive (EU) 2019/1937, including with regards to acknowledgement of receipt, adequate feedback and follow-up. Union law on the protection of personal data, in particular Regulation (EU) 2018/1725 of the European Parliament and of the Council and Regulation (EU) 2016/679 of the European Parliament and of the Council16apply when personal data are processed in the context of this Directive. The Commission should ensure the protection of the confidentiality of the identity of reporting persons, including, where necessary, by restricting the exercise of certain data protection rights of persons concerned, such as of individuals included in the report as participating in the potential illegal discharge, in line with Article 25(1) points (c) and (h) and Article 25(2) of Regulation (EU) 2018/1725 ▌ , to the extent and as long as necessary to prevent and address attempts to hinder reporting or to impede, frustrate or slow down follow-up, in particular investigations, or attempts to find out the identity of the reporting persons. Such restrictions should respect the essence of the fundamental rights and freedoms and be necessary and proportionate measures in a democratic society to safeguard important objectives of general public interest of the Union or of a Member State, including the protection of the data subject or the rights and freedoms of others.

Proposal for a directive

~~(20) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on [xx xx 2023]18.~~

Recital 7 a (new)

(21) Discussions are ongoing at the IMO regarding new environmental issues in relation to international shipping, resulting in maritime pollution. Those discussions may result in new provisions under Marpol 73/78, bringing under the scope of that Convention other types of pollutants, such as marine plastic litter and loss of plastic pellets. A future review should assess the possibility of modifying the scope of Directive 2005/35/EC, if appropriate, with a view to ensure a coherent, efficient and effective enforcement regime, as well as the imposition of dissuasive penalties. This review should also assess ways for improving satellite surveillance of lost containers, potentially including harmful substances. The Commission should also consider the interaction of this Directive with other relevant Union legislation on marine pollution, such as Directive 2008/56/EC of the European parliament and of the Council [Marine Strategy Framework Directive19], Directive (EU) 2023/xxxx [Ambient Air Quality Directive]20and Directive (EU) 2016/80221 [Sulphur Directive], including on excessive underwater noise reporting and on air pollution, such as black carbon, PM, NOx and SOx, resulting in harm to biodiversity and living resources in marine ecosystems, as well as in hazards to human health and the impairment of the quality for use of sea water and the sustainable use of marine goods and services, hence hindering other marine activities, such as fishing, tourism and recreation in coastal areas.

Text proposed by the Commission

(21a) Member States without direct access to the sea or ports cannot apply certain provisions of this Directive due to these geographical reasons. In order to avoid imposing a disproportionate administrative burden on these Member States, they should not be obliged to transpose and implement some of the provisions of this Directive.

Amendment

(22) Since the objectives of this Directive cannot be sufficiently achieved by the Member States by reason of the cross-border damage which may be caused by illegal discharges covered by this Directive and the availability of effective, dissuasive and proportionate penalties across the Union for such discharges but can rather, by reason of the scale and effects of the proposed action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(7a) Regulation No 1224/2009 makes illegally disposing of a fishing gear or gear at sea from a fishing vessel a serious infringement under that Regulation provided that specific criteria has been met. For such infringements there are obligations under Regulation (EC) No 1224/2009 for Member States to have appropriate administrative or criminal sanctions that are effective, proportionate and dissuasive.

(23) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including the protection of personal data, the right to an effective remedy and to a fair trial, the presumption of innocence and right of defence, the principles of legality and proportionality of criminal offences and penalties, and the right not to be tried or punished twice in criminal proceedings for the same offence. This Directive seeks to ensure full respect for those rights and principles and should be implemented accordingly.

Amendment 7

~~(24) ▌ Directive 2005/35/EC should be amended accordingly,~~

Proposal for a directive

~~HAVE ADOPTED THIS DIRECTIVE:~~

Recital 8

~~Article 1~~

Text proposed by the Commission

~~Amendments to Directive 2005/35/EC~~

Amendment

~~Directive 2005/35/EC is amended as follows:~~

~~(1) The title is replaced by the following:~~

(8) Administrative penalties introduced in transposition of Directive 2005/35/EC should be without prejudice to Directive (EU) 2023/xxxx, with the aim of harmonizing and proportionally penalizing ship-source pollution offences. Member States should define the scope of administrative and criminal law enforcement with regards to these offences according to their national law. In the application of national law transposing Directive 2005/35/EC, Member States should ensure that the imposition of criminal penalties and of administrative penalties respects the principles of the Charter of Fundamental Rights of the European Union, including the prohibition of ne bis in idem.

‘ Directive of the European Parliament and of the Council on the enforcement of international standards on pollution from ships and on the introduction of administrative penalties for pollution offences’;’

Amendment 8

~~(2) Article 1 is replaced by the following:~~

Proposal for a directive

~~‘ Article 1~~

Recital 9

~~Purpose~~

Text proposed by the Commission

1. The purpose of this Directive is to incorporate into Union law international standards on pollution from ships and to ensure that any company, natural or legal person liable for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate administrative penalties in order to improve maritime safety and to enhance protection of the marine environment from pollution by ships.

Amendment

2. This Directive does not prevent Member States from taking more stringent measures in conformity with Union and international law, by providing for administrative or criminal penalties in accordance with their national law.';’

(9) The penalties provisioned by Directive 2005/35/EC should be strengthened by ensuring consistent application of administrative penalties throughout the Union. To strengthen the deterrent effect of penalties imposed for ship-source pollution offences, such penalties should take at least the form of fines imposed to the company of the ship, unless the company can prove that the master of the ship or a member or members of the crew, the latter not acting under the responsibility of the master, was responsible for the discharge. In this context, the company of ship means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, which has assumed the responsibility for the operation of the ship from the shipowner, in alignment with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (‘ISM Code’)24 , implemented in Union law by virtue of Regulation (EC) No 336/2006 of the European Parliament and of the Council25 . Directive 2005/35/EC should recognise that the management of the ship could be delegated by the registered owner to a different entity, which should then be held in the first place responsible for not implementing its obligations under the ISM Code to ensure the avoidance of damage to the environment or the assignment of shipboard operations to qualified personnel.

~~(3) Article 2 is replaced by the following:~~

(9) The penalties provisioned by Directive 2005/35/EC should be strengthened by ensuring consistent application of administrative penalties throughout the Union. To strengthen the deterrent effect of penalties imposed for ship-source pollution offences, such penalties should take at least the form of fines imposed both to the company of the ship and a member or members of the crew responsible for the discharge. In this context, the company of ship means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, which has assumed the responsibility for the operation of the ship from the shipowner, in alignment with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (‘ISM Code’)24 , implemented in Union law by virtue of Regulation (EC) No 336/2006 of the European Parliament and of the Council25 . Directive 2005/35/EC should recognise that the management of the ship could be delegated by the registered owner to a different entity, which should then be held in the first place responsible for not implementing its obligations under the ISM Code to ensure the avoidance of damage to the environment or the assignment of shipboard operations to qualified personnel.

~~‘ Article 2~~

_________________

~~Definitions~~

_________________

~~For the purposes of this Directive, the following definitions shall apply:~~

24 International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organisation by Assembly Resolution A.741(18) of 4 November 1993, as amended.

~~1. ‘Marpol 73/78’ means the International Convention for the Prevention of Pollution from Ships, 1973, its 1978 and 1997 Protocols, in its up-to-date version;~~

25 Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (Text with EEA relevance) (OJ L 64, 4.3.2006, p.1).

Amendment 9

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10) National administrative and judicial authorities should take into account all relevant circumstances when determining the level of penalties to be imposed to the polluter. Taking into account the diverse nature of polluting substances covered under Directive 2005/35/EC and the importance of consistent application of penalties across the Union in light of the cross-border nature of the regulated behaviour, further approximation and effectiveness of penalty levels should be fostered through the establishment of concrete criteria for the application of penalties for discharges of different polluting substances. In order to ensure the uniform conditions for the application of penalties, implementing powers should be conferred to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 . The examination procedure should be used for the adoption of these implementing acts.

(10) National administrative and judicial authorities should take into account all relevant circumstances when determining the level of penalties to be imposed to the polluter. National authorities should establish a comprehensive and proportional system of penalizing ship-source pollution offenses that takes into account the size of the vessel, the nature and quantity of waste, and the frequency of violations, all while promoting environmental responsibility and deterring illegal pollution. Taking into account the diverse nature of polluting substances covered under Directive 2005/35/EC and the importance of consistent application of penalties across the Union in light of the cross-border nature of the regulated behaviour, further approximation and effectiveness of penalty levels should be fostered through the establishment of concrete criteria for the application of penalties for discharges of different polluting substances. In order to ensure a level playing field and broad support across Member States for the administrative and judicial actions to be taken it is important to ensure as uniform as possible application of the penalties. In order to ensure these uniform conditions for the application of penalties, implementing powers should be conferred to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 . The examination procedure should be used for the adoption of these implementing acts.

_________________

26 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 10

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12) The accompanying measures for cooperation and the reporting obligations of Member States have not been sufficient until now to allow a complete analysis whether polluters face effective, dissuasive and proportionate penalties and that adequate data is made available to the Commission to monitor the implementation of Directive 2005/35/EC. In order to ensure the effective and consistent enforcement of Directive 2005/35/EC, exchange of information and experience should be facilitated through enhanced cooperation, while at the same time ensuring that adequate data are made available to the Commission in order to allow the proper monitoring of the implementation of Directive 2005/35/EC. The rights of crew members who report any offenses they encounter should be diligently safeguarded. In this context, the Member States should also exchange on best practices and actions taken to prevent marine waste, including fisheries waste, how more eco-design could be used to reduce the most common marine waste detected and their impacts on the environment, and good actions deployed to recover marine waste already at sea.

Amendment 11

Proposal for a directive

Recital 12 a (new)

Text proposed by the Commission

Amendment

(12a) Regulation (EU) 2021/1139 of the European Parliament and of the Council includes possibility for Member States to support actions to improve the eco-design of fishing gear as well as supporting actions for prevention and recovery of marine waste.

Amendment 12

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(13) The existing satellite-based service ‘CleanSeaNet’ which notifies Member States authorities on potential illegal discharges, should be further enhanced to include information on the additional polluting substances under the scope of Directive 2005/35/EC. Information relating to potential or actual discharges reported by Member States in accordance with Directive 2005/35/EC and to other Union maritime safety databases, such as the Union Maritime Information and Exchange System established by Directive 2002/59/EC of the European Parliament and of the Council27 (‘SafeSeaNet’) and the Inspection Database set up by Directive 2009/16/EC of the European Parliament and of the Council28 (‘THETIS’) should be integrated and disseminated in a user-friendly electronic format to the national authorities involved in the enforcement chain in order to facilitate their timely response. Such information, when relating to an actual or potential discharge of Exhaust Gas Cleaning System residue from a ship, should further be automatically disseminated to the dedicated module of THETIS set up by under Commission Implementing Decision 2015/253 (‘THETIS-EU’), in order to assist Member States with enforcement actions undertaken in accordance with the provisions of Directive (EU) 2016/802. In order to ensure the effective monitoring of the Directive’s implementation by all Member States, a verification rate of 10% per year of the alerts sent by CleanSeaNet should be ensured by each Member State within the first three years form the transposition of this Directive. Access to this information should be granted to the authorities of other Member States having an interest in it under their roles as port States of the next port of call, coastal States affected by the potential discharge or flag States of the ship in order to facilitate effective and timely cross-border cooperation, minimise the administrative burden of enforcement activities and ultimately effectively penalise offenders for infringements of Directive 2005/35/EC.

(13) The existing satellite-based service ‘CleanSeaNet’ which notifies Member States authorities on potential illegal discharges, should be further enhanced to include information on the additional polluting substances under the scope of Directive 2005/35/EC. Information relating to potential or actual discharges reported by Member States in accordance with Directive 2005/35/EC and to other Union maritime safety databases, such as the Union Maritime Information and Exchange System established by Directive 2002/59/EC of the European Parliament and of the Council27 (‘SafeSeaNet’) and the Inspection Database set up by Directive 2009/16/EC of the European Parliament and of the Council28 (‘THETIS’) should be integrated and disseminated in a user-friendly electronic format to the national authorities involved in the enforcement chain in order to facilitate their timely response. Such information, when relating to an actual or potential discharge of Exhaust Gas Cleaning System residue from a ship, should further be automatically disseminated to the dedicated module of THETIS set up by under Commission Implementing Decision 2015/253 (‘THETIS-EU’), in order to assist Member States with enforcement actions undertaken in accordance with the provisions of Directive (EU) 2016/802. In order to ensure the effective monitoring of the Directive’s implementation by all Member States, a verification rate of 10% per year of the alerts sent by CleanSeaNet should be ensured by each Member State within the first three years form the transposition of this Directive. Access to this information should be granted to the authorities of other Member States having an interest in it under their roles as port States of the next port of call, coastal States affected by the potential discharge or flag States of the ship in order to facilitate effective and timely cross-border cooperation, minimise the administrative burden of enforcement activities and ultimately effectively and proportionately penalise offenders for infringements of Directive 2005/35/EC.

_________________

27 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10).

28 Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ L 131, 28.5.2009, p. 57).

Amendment 13

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14) The Sub-group on Waste from Ships, which was set up under the European Sustainable Shipping Forum, and which brought together a wide range of experts in the field of ship-source pollution and the management of waste from ships, was adjourned in December 2017 in view of the start of interinstitutional negotiations of Directive (EU) 2019/883. Since that temporary Sub-group provided valuable guidance and expertise to the Commission, a similar expert group should be created with a mandate of exchanging experience on the application of this Directive in order to assist Member States in building their capacity to detect and verify pollution incidents and ensure the effective enforcement of Directive 2005/35/EC.

(14) The Sub-group on Waste from Ships, which was set up under the European Sustainable Shipping Forum, and which brought together a wide range of experts in the field of ship-source pollution and the management of waste from ships, was adjourned in December 2017 in view of the start of interinstitutional negotiations of Directive (EU) 2019/883. Since that temporary Sub-group provided valuable guidance and expertise to the Commission, a similar expert group should be created with a mandate of exchanging experience on the application of this Directive in order to assist Member States in building their capacity to detect and verify pollution incidents and ensure the effective enforcement of Directive 2005/35/EC. It is also of importance to include all relevant stakeholders in these sub-groups, including the fisheries sector.

Amendment 14

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15) The European Maritime Safety Agency (‘EMSA’) established by Regulation (EU) xxxx/xxxx29 should provide the necessary support to the Commission to ensure the implementation of this Directive.

(15) The European Maritime Safety Agency (‘EMSA’) established by Regulation (EU) xxxx/xxxx29 should provide the necessary support to the Commission to ensure the implementation of this Directive. The Commission should also utilize the data gathered by EFCA, where appropriate, especially in relation to lost fishing gear.

_________________

29 OJ L xxxx.

Amendment 15

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18) In order to increase public awareness in ship-source pollution discharges and improve environmental protection, information provided by the Member States on the application of Directive 2005/35/EC should be made publicly available through a Union-wide overview and include the information listed in Annex II of Directive 2005/35/EC. Directive 2003/4/EC of the European Parliament and of the Council30aims to guarantee the right of access to environmental information in the Member States in line with the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention), to which the Union is a party. The Commission should protect the confidentiality of information received by Member States, without prejudice to the provisions of Directive 2003/4/EC.

(18) In order to increase public awareness in ship-source pollution discharges, improve environmental protection, contribute to the goal of restoring nature and respect the commitments of European Green Deal, information provided by the Member States on the application of Directive 2005/35/EC should be made publicly available through a Union-wide overview and include the information listed in Annex II of Directive 2005/35/EC. To this end, it is essential to provide statistics on the number and location of discharges detected by the CleanSeaNet system, and to publish an annual report containing the data received, the number of discharges that were verified and confirmed, and the number of administrative and criminal penalties that were applied. Directive 2003/4/EC of the European Parliament and of the Council30 aims to guarantee the right of access to environmental information in the Member States in line with the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention), to which the Union is a party. The Commission should protect the confidentiality of information received by Member States, without prejudice to the provisions of Directive 2003/4/EC.

_________________

30 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

Amendment 16

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(21) Discussions are ongoing at the IMO regarding new environmental issues in relation to international shipping, resulting in both water and air pollution. These include the water pollutants of marine litter, such as the loss of containers and plastic pellets, and underwater noise and air pollutants such as black carbon. These discussions may result in new regulations under Marpol 73/78. Moreover, Directive 2008/56/EC of the European parliament and of the Council34 requires Member States to achieve good environmental status in the marine environment, which includes, amongst others, marine litter and underwater noise from ships as qualitative descriptors. Relatedly, Directive (EU) 2023/xxxx35 sets limit values for nitrogen dioxide (NO2) resulting from nitrogen oxide (NOx) emissions. Shipping activities contribute to higher NO2 levels in coastal and port areas. Against this background, a future review of Directive 2005/35/EC should take into account new developments and the Commission should examine the possibility of modifying the scope of this Directive, if appropriate, in view of any new international standards under Marpol 73/78. A future review should assess the possibility of modifying the scope of Directive 2005/35/EC, if appropriate, to incorporate SOx and NOx emissions, as regulated in Annex VI to Marpol, based on the experience gained in implementing the Directive (EU) 2016/802 and on the development and maturity of monitoring and detecting SOx and NOx emissions from ships, with a view to ensure a coherent, efficient and effective enforcement regime, as well as the imposition of dissuasive penalties therefor, in line with the Zero Pollution Action Plan and, in particular, Flagship 5 thereof ‘Enforcing zero pollution together’.

(21) Discussions are ongoing at the IMO regarding new environmental issues in relation to international shipping, resulting in both water and air pollution. These include the water pollutants of marine litter, such as the loss of containers and plastic pellets, and underwater noise and air pollutants such as black carbon. These discussions may result in new regulations under Marpol 73/78. A future review of Marpol 73/79 should also include zero pollution from (micro)plastics and PFAS. Moreover, Directive 2008/56/EC of the European parliament and of the Council34 requires Member States to achieve good environmental status in the marine environment, which includes, amongst others, marine litter and underwater noise from ships as qualitative descriptors. Relatedly, Directive (EU) 2023/xxxx35 sets limit values for nitrogen dioxide (NO2) resulting from nitrogen oxide (NOx) emissions. Shipping activities contribute to higher NO2 levels in coastal and port areas. Against this background, a future review of Directive 2005/35/EC should take into account new developments and the Commission should examine the possibility of modifying the scope of this Directive, if appropriate, in view of any new international standards under Marpol 73/78. A future review should assess the possibility of modifying the scope of Directive 2005/35/EC, if appropriate, to incorporate SOx and NOx emissions, as regulated in Annex VI to Marpol, based on the experience gained in implementing the Directive (EU) 2016/802 and on the development and maturity of monitoring and detecting CO2, SOx and NOx emissions from ships, with a view to ensure a coherent, efficient and effective enforcement regime, as well as the imposition of dissuasive penalties therefor, in line with the Zero Pollution Action Plan and, in particular, Flagship 5 thereof ‘Enforcing zero pollution together’.

_________________

34 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (Text with EEA relevance) (OJ L 164, 25.6.2008, p. 19).

35 OJ L xxxx.

Amendment 17

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2005/35/EC

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. The purpose of this Directive is to incorporate into Union law international standards on pollution from ships and to ensure that persons responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate administrative penalties in order to improve maritime safety and to enhance protection of the marine environment from pollution by ships.

1. The purpose of this Directive is to incorporate into Union law international standards on pollution from ships and to ensure that persons responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate administrative penalties in order to improve maritime safety, to contribute to the goal of restoring nature, respect the commitments of European Green Deal and to enhance protection of the marine environment from pollution by ships.

Amendment 18

Proposal for a directive

Article 1 – paragraph 1 – point 3

Directive 2005/35/EC

Article 2 – paragraph 1 – point 2

Text proposed by the Commission

Amendment

2. ‘polluting substances’ means substances subject to regulation by Marpol 73/78 Annexes I (oil), II (noxious liquid substances in bulk), III (harmful substances carried by sea in packaged form), IV (sewage from ships), V (garbage from ships) and Exhaust Gas Cleaning System residue;

(2a) ‘Exhaust Gas Cleaning System residue’ means any material removed from the washwater or the bleed-off water by a treatment system or discharge water that does not meet the discharge criterion, or other residue material removed from the exhaust gas cleaning system ▌ as a result of the operation of a compliance method for emissions reductions, as defined in Annex VI Regulation 4 to Marpol 73/78, used as an alternative in terms of emissions reductions to the standards set forth in Regulation 14 of Annex VI to Marpol 73/78, taking into account the guidelines developed by the IMO;

~~3a. ‘discharge’ means any release howsoever caused from a ship, as referred to in Article 2 of Marpol 73/78;~~

Amendment 19

4. ‘ship’ means a seagoing vessel, irrespective of its flag, of any type whatsoever operating in the marine environment and shall include hydrofoil boats, air-cushion vehicles, submersibles and floating craft;

Proposal for a directive

5. ‘legal person’ means any legal entity in possession of such status under applicable national law, other than States themselves or public bodies in the exercise of State authority or public international organisations;

Article 1 – paragraph 1 – point 3

6. ‘company’ means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, which has assumed the responsibility for the operation of the ship from the shipowner.’;’

Directive 2005/35/EC

~~(4) Article 4 is replaced by the following:~~

Article 2 – paragraph 1 – point 6 a (new)

~~‘ Article 4~~

Text proposed by the Commission

~~Infringements and exceptions~~

Amendment

~~1. Member States shall ensure that discharges of polluting substances into any of the areas set out in Article 3(1) are regarded as infringements, unless:~~

6a. 'Damage' refers to accidental physical harm impairing the value, usefulness, or normal function of the ship or its equipment, and does not include routine wear and tear.

(a) for polluting substances subject to regulation by Annex I to Marpol 73/78 they satisfy the conditions set out in Annex I Regulations 15, 34, 4.1, 4.2 or 4.3 to Marpol 73/78 and section 1.1.1 of part II-A of the International Code for Ships Operating in Polar Waters (‘Polar Code’);

Amendment 20

(b) for polluting substances subject to regulation by Annex II to Marpol 73/78, they satisfy the conditions set out in Annex II Regulations 13, 3.1.1, 3.1.2 or 3.1.3 to Marpol 73/78 and section 2.1 of part II-A of the Polar Code;

Proposal for a directive

~~(c) for polluting substances subject to regulation by Annex III to Marpol 73/78, they satisfy the conditions set out in Annex III Regulation 8.1 to Marpol 73/78;~~

Article 1 – paragraph 1 – point 4

(d) for polluting substances subject to regulation by Annex IV to Marpol 73/78, they satisfy the conditions set out in Annex IV Regulations 3, 11.1 and 11.3 to Marpol 73/78 and section 4.2 of part II-A of the Polar Code;

Directive 2005/35/EC

(e) for polluting substances subject to regulation by Annex V to Marpol 73/78, they satisfy the conditions set out in Annex V Regulations 4.1, 4.2, 5, 6.1, 6.2, 7 to Marpol 73/78 and section 5.2 of part II-A of the ▌ Polar Code ▌ ; and

Article 4 – paragraph 2

(f) for Exhaust Gas Cleaning System residue, they satisfy the conditions set out in Annex VI Regulations 4, 14.1, 14.4, 14.6, 3.1.1 and 3.1.2 to Marpol 73/78, taking into account the Guidelines developed by the IMO, including Resolution MEPC.340(77) in its up-to-date version.

Text proposed by the Commission

~~2. Each Member State shall take all necessary measures to ensure that any company, natural or legal person having committed an infringement within the meaning of paragraph 1 is held liable ▌ .;’~~

Amendment

~~(5) Article 5 is deleted;~~

2. Each Member State shall take the necessary measures to ensure that any natural or legal person having committed an infringement within the meaning of paragraph 1 is held liable therefor.;

~~‘ deleted~~

2. Each Member State shall take all necessary measures to ensure that any natural or legal person having committed an infringement within the meaning of paragraph 1 is held liable therefor.;

~~deleted~~

Amendment 21

~~1. deleted~~

Proposal for a directive

~~(a) deleted~~

Article 1 – paragraph 1 – point 5

~~(b) deleted~~

Directive 2005/35/EC

~~2. deleted’~~

Article 5 – paragraph 1 – introductory part

~~(6) Article 5a is deleted;~~

Text proposed by the Commission

~~(7) Article 5b is deleted;~~

Amendment

~~(7a) In Article 6, paragraph 1 is replaced by the following:~~

1. A discharge of polluting substances subject to regulation by Annexes I, II and VI to Marpol 73/78 into the areas set out in Article 3(1) points (c), (d) and (e) shall not be regarded as an infringement for the company, the master or the crew, if both of the following conditions are fulfilled:

1. If irregularities or information give rise to a suspicion that a ship which is voluntarily within a port or at an off-shore terminal of a Member State has been engaged in or is engaging in a discharge of polluting substances into any of the areas referred to in Article 3(1), that Member State shall ensure that an appropriate inspection or other appropriate action, taking into account the relevant guidelines adopted by the International Maritime Organization (IMO), is undertaken in accordance with its national law.

1. A discharge of polluting substances subject to regulation by Annexes I, II and VI to Marpol 73/78 into the areas set out in Article 3(1) points (c), (d) and (e) shall not be regarded as an infringement for the company, the master or the crew if it is a direct result of force majeure; justified only if compelling evidence is provided; or if all of the following conditions are fulfilled:

~~(7a) In Article 6, paragraph 2 is replaced by the following:~~

Justification

2. In so far as the inspection referred to in paragraph 1 reveals facts that could indicate an infringement within the meaning of Article 4, the Member State shall apply the provisions of this Directive. The competent authorities of that Member State and of the flag State shall be informed.’

For instance: Unforeseen navigational accidents, collisions with other vessels, or accidents involving underwater obstacles, like submerged containers or debris, that result in damage to a ship's equipment and lead to unintended polluting discharges. In such cases, the ship's company, master, or crew may be exempt from liability if they can demonstrate that they took all reasonable precautions to prevent or minimize the discharge once the accident occurred.

~~(8) In Article 6, the following paragraph ▌ is added:~~

Extreme and unexpected weather conditions, crisis or emergency response, etc...

~~‘3. An indicative list of irregularities or information to be taken into account in the application of paragraph 1 is provided in Annex I to this Directive.’;’~~

Amendment 22

~~(9) Article 8 is replaced by the following:~~

Proposal for a directive

~~‘ Article 8~~

Article 1 – paragraph 1 – point 5

~~Administrative penalties~~

Directive 2005/35/EC

1. Without prejudice to the obligations of Member States under Directive (EU) 2023/xxxx1, Member States shall lay down a system of administrative penalties, within the meaning of their national legal system, for the breach of national provisions implementing Article 4 of this Directive and shall ensure that they are applied. The administrative penalties provided for shall be dissuasive, effective and proportionate.

Article 5 – paragraph 1 – point b a (new)

~~2. Member States shall ensure that administrative penalties introduced in transposition of this Directive include fines which are imposed on the company held liable for the infringement.~~

Text proposed by the Commission

~~3. deleted~~

Amendment

4. Where the legal system of the Member State does not provide for administrative penalties, this Article may be applied in such a manner that the penalties, including the fines set out in paragraph 2 are initiated by the competent authority and imposed by competent national courts, while ensuring that those legal remedies are effective and have an equivalent effect to the administrative fines imposed by competent authorities. In any event, the penalties imposed in accordance with this paragraph shall be effective, proportionate and dissuasive and applied in accordance with the provisions of this Directive. Those Member States shall notify to the Commission the provisions of their laws which they adopt pursuant to this paragraph by [DATE] and, without delay, any subsequent amendment law or amendment affecting them.’;

(ba) the discharge was immediately reported to the authorities after its occurrence.

~~_____________~~

Amendment 23

~~1 OJ L xxxx.’~~

Proposal for a directive

~~(10) Article 8a is deleted;~~

Article 1 – paragraph 1 – point 5

~~(11) Article 8b is deleted;~~

Directive 2005/35/EC

~~(12) Article 8c is deleted;~~

Article 5 – paragraph 1 – point b b (new)

~~(13) The following Article ▌ is inserted:~~

Text proposed by the Commission

~~‘ Article 8d~~

Amendment

~~Effective application of penalties~~

(bb) The company, the master, or the crew shall provide documentary evidence or logs detailing the precautions taken to prevent or minimise the discharge upon request by relevant authorities.

1. In order to ensure that penalties are dissuasive, effective and proportionate, Member States shall ensure that, when determining and applying the type and level of administrative penalty to a company, natural or legal person found by competent authorities to be liable, in accordance with Article 8, for an infringement within the meaning of Article 4, the competent authorities take into account all relevant circumstances of the infringement, in particular:

Amendment 24

~~(a) the nature, gravity and the duration of the discharge;~~

Proposal for a directive

~~(b) the degree of culpability or fault of the responsible person, within the meaning of the legal system of the Member States;~~

Article 1 – paragraph 1 – point 5

~~(c) the damage caused from the discharge to the environment or human health, including, where relevant, its impact on fishing, tourism and coastal communities;~~

Directive 2005/35/EC

~~(d) the financial capacity of the liable company, natural or legal person;~~

Article 5 – paragraph 2

~~(e) the economic benefits generated or expected to be generated for the liable person from the infringement, when applicable;~~

Text proposed by the Commission

~~(f) measures taken by the liable person to prevent the discharge or mitigate its impacts;~~

Amendment

(g) the level of cooperation of the liable person with the competent authority, including any action aiming to circumvent or obstruct an appropriate inspection or other investigation by a competent authority; and

2. Paragraph 1 shall not apply where the company, the master or the crew responsible for the damage acted either with intent to cause damage or recklessly and with knowledge that damage would probably result.;

~~(h) any previous ship-source pollution infringement by the liable person.~~

2. Paragraph 1 shall not apply where the company, the master or the crew responsible for the damage acted either with intent to cause damage negligently or recklessly and with knowledge that damage would probably result. Acting against safety rules, good practices, and ignoring warnings in particular, when demonstrated that risks have been taken with full awareness of the danger;

1a. Member States shall not set or apply administrative penalties for infringements under this Directive that would be at such a low level so as not to ensure the dissuasive nature, proportionality and effectiveness of those penalties.

Amendment 25

~~2. deleted’~~

Proposal for a directive

~~(14) Article 10 is replaced by the following:~~

Article 1 – paragraph 1 – point 9

~~‘ Article 10~~

Directive 2005/35/EC

~~Exchange of information and experience~~

Article 8 – paragraph 3 a (new)

1. For the purposes of this Directive, the Member States and the Commission, with the assistance of EMSA, shall cooperate in the exchange of information, building on the Union Maritime Information and Exchange System set out in Article 22a(3) of and Annex III to Directive 2002/59/EC1 (SafeSeaNet), in order to attain the following objectives:

Text proposed by the Commission

(a) enhance the information required for the effective implementation of this Directive, in particular as provided by the European satellite-based pollution detection service set up by this Directive (CleanSeaNet) and other relevant reporting mechanisms, with a view to develop reliable methods of tracing polluting substances in the sea;

Amendment

(b) develop and implement an appropriate control and monitoring system, integrating information provided under paragraph (a) with information made available by the Commission to the Member States in SafeSeaNet, THETIS-EU and other Union information databases and tools in order to facilitate the early identification and monitoring of ships discharging polluting substances, with a view to optimise enforcement actions undertaken by national authorities;

3a. Member States are encouraged to include educational and training programs as part of the penalty system, ensuring that fishing operators, masters, and crews are informed about best practices and the importance of compliance.

(c) make optimum use of the information provided in accordance with paragraph (a) and (b) as well as reported by Member States pursuant to Article 10a, with a view to facilitate access to and exchange of such information between competent authorities and with authorities of other Member States and the Commission; and

Amendment 26

(d) within three years from the date of transposition of this Directive, ensure that competent authorities digitally analyse all high confidence alerts and indicate whether they verify or not those high confidence alerts sent by CleanSeaNet every year, striving to verify at least 25% of those high confidence alerts, where verify means any follow-up actions by competent authorities of an alert sent by CleanSeaNet to determine whether the alert in question present an illegal discharge. If a Member State does not verify an alert, it should indicate the reasons for not doing so.

Proposal for a directive

~~1a. Member States shall ensure that information on major ship-source pollution incidents is disseminated to concerned fishing and coastal communities in a timely manner.~~

Article 1 – paragraph 1 – point 13

2. The Commission shall provide for the organisation of exchange of experiences between Member States’ national authorities and experts, including those from the private sector, civil society and trade unions, on the application of this Directive across the Union, with a view to establish common practices and guidelines on the enforcement of this Directive. ▌

Directive 2005/35/EC

2a. The Commission shall provide for the organisation of exchange of experiences and best practices between Member States' national competent authorities on how to ensure an effective determination and application of penalties. On the basis of the exchange of information, the Commission may propose guidelines, including on types of polluting substances and sensitive areas of concern.

Article 8d – paragraph 1 – point a a (new)

~~_____________~~

Text proposed by the Commission

1 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10).’

Amendment

~~(15) The following Articles ▌ are inserted:~~

(aa) content and quantity of discharged waste as aggravating factors;

~~‘ Article 10a~~

Justification

~~Reporting~~

Member States are encouraged to tailor penalties to the specific content of the waste discharged and to differentiate between different types of waste, as to assign higher penalties to the illegal discharge of materials with increased environmental risk.

1. The Commission shall establish an electronic reporting tool, for the purposes of collection and exchange of information between the Member States and the Commission on the implementation of the enforcement system provided by this Directive.

Member States should create penalty brackets based on the volume or quantity of waste discharged. Smaller discharges may receive lower penalties, while larger or more significant discharges result in higher fines.

2. Member States shall ensure that the following information relating to the actions undertaken by their competent authorities is reported through the electronic reporting tool referred to in paragraph 1:

Amendment 27

(a) information relating to the follow-up by competent authorities of an alert sent by CleanSeaNet or the reasons for not following up such an alert, as soon as possible after the follow-up activities are completed;

Proposal for a directive

~~(b) information relating to the inspections undertaken in accordance with Article 6, as soon as possible after the inspection is completed;~~

Article 1 – paragraph 1 – point 13

~~(c) information relating to the actions undertaken in accordance with Article 7, as soon as possible after such actions are completed; and~~

Directive 2005/35/EC

(d) information relating to penalties imposed in accordance with this Directive, once the administrative and, where applicable, legal proceedings are concluded, without undue delay and in any case, by 30 June each year for penalties imposed during the previous calendar year. To the extent that information relating to penalties include personal data, such information shall be anonymised.

Article 8d – paragraph 1 – point a b (new)

3. In order to ensure the uniform application of this Article, the Commission may, by means of implementing acts, lay down detailed rules on the procedure for reporting the information mentioned in paragraph 2, including specifying the type of information to be reported, in accordance with the examination procedure set out in Article 13.

Text proposed by the Commission

~~4. Member States shall notify the Commission of the entitled authorities that will have access to the reporting tool set out in paragraph 1.~~

Amendment

~~Article 10b~~

(ab) ship size categories;

~~Training~~

Justification

The Commission shall, with the assistance of EMSA and in cooperation with Member States, facilitate the development of capacities of Member States by providing, as appropriate, training to the authorities responsible for the detection, verification and enforcement of infringements under the scope of this Directive.

Member States are encouraged to establish a tiered penalty structure where the fines or penalties increase with the size of the vessel. Larger ships may face more substantial fines compared to smaller ones for similar offenses.

~~Article 10c~~

Amendment 28

~~Publication of information~~

Proposal for a directive

1. Based on information reported by Member States in accordance with Article 10a, the Commission shall make publicly available a regularly updated Union-wide overview on the implementation and enforcement of this Directive, upon conclusion of the administrative and legal proceedings when applicable. To the extent that information relating to penalties include personal data or commercially sensitive information, such information shall be anonymised. The Commission overview shall include the information listed in Annex II to this Directive.

Article 1 – paragraph 1 – point 13

~~2. Without prejudice to Directive 2003/4/EC1, the Commission shall take appropriate measures to protect the confidentiality of information obtained in implementation of this Directive.~~

Directive 2005/35/EC

~~Article 10d~~

Article 8d – paragraph 1 – point c

~~Protection of persons who report potential infringements and their personal data~~

Text proposed by the Commission

1. The Commission shall develop, make accessible and maintain a confidential online external reporting channel for receiving reports, within the meaning of Directive (EU) 2019/19371 on potential infringements of this Directive and shall relay such reports to the Member State or Member States concerned.

Amendment

2. Member States shall ensure that national competent authorities receiving reports of violations of this Directive, submitted through the channel referred to in paragraph 1, investigate, where appropriate, act upon, and provide feedback, in a timely manner, and follow-up on those reports in accordance with Directive (EU) 2019/1937.

3. The Commission may, pursuant to point (c) and (h) of Article 25(1) and in line with Article 25(2) of Regulation (EU) 2018/1725, restrict the application of Articles 14 to 22, 35, and 36, as well as Article 4 of Regulation (EU) 2018/17251 for the data subjects who are part of or mentioned in the report submitted through the channel referred to in paragraph 1 of this Article and who are not the data subjects submitting this report. This restriction may apply only for the duration necessary to investigate the report referred to in paragraph 2 of this Article by the competent Member State authorities.’;

(c) the damage caused from the discharge to the environment or human health, environmental impact assessment and the cost of environmental restoration;

~~_____________~~

Justification

1 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

Member States are encouraged to conduct an assessment of the environmental impact of the offense, considering factors such as local ecosystem sensitivity, potential harm to wildlife, and damage to coastal areas, and thereby adjust penalties based on the severity of the environmental impact, with a focus on mitigating and restoring affected ecosystems.

~~1 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).~~

Penalties should cover the expenses required to remediate the environmental damage caused by the illegal discharge, ensuring that polluters bear the financial responsibility for cleanup and restoration efforts.

1 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (Text with EEA relevance) (OJ L 295, 21.11.2018, p. 39).’

Amendment 29

~~(16) Article 11 is deleted;~~

Proposal for a directive

~~(17) Article 12 is deleted;~~

Article 1 – paragraph 1 – point 13

~~(18) The following Article ▌ is inserted:~~

Directive 2005/35/EC

~~‘ Article 12a~~

Article 8d – paragraph 1 – point f a (new)

~~Evaluation and review~~

Text proposed by the Commission

1. By [OP: Please insert a date: five years from the date of transposition of this amending Directive], the Commission shall carry out an evaluation of this Directive. The evaluation shall be based on at least the following:

Amendment

~~(a) the experience gathered from the implementation of this Directive; and~~

(fa) measures taken by the responsible person or company to inform the competent authorities, or hierarchy in the case of a company employee;

~~(b) the information reported by Member States pursuant to Article 10a and the Union wide overview provided in accordance with Article 10c.~~

Justification

~~(ba) the interaction of this Directive with other relevant international and Union law on marine environment protection and maritime safety;~~

Member States may take into consideration reduced penalties for those individuals who inform authorities or, if they are employees, their supervisors for infringement as a way to balance accountability and cooperation while promoting environmental responsibility. It may encourage honesty, efficient resource allocation, and prompt remediation efforts while ensuring fairness and equity in the treatment of environmental violations.

~~(bb) the latest data and scientific findings.~~

Amendment 30

2. As part of the review, the Commission shall assess the possibility of modifying the scope of this Directive, if appropriate, in view of new or updated international standards for the prevention of ▌ pollution from ships subject to present and future provisions in Marpol 73/78, such as ▌ marine plastic litter, container loss and loss of plastic pellets ▌ .’’

Proposal for a directive

~~(19) Article 13 is replaced by the following:~~

Article 1 – paragraph 1 – point 13

~~‘ Article 13~~

Directive 2005/35/EC

~~Committee procedure~~

Article 8d – paragraph 1 – point h

1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), established by Article 3 of Regulation (EC) No 2099/20021. COSS shall be a committee within the meaning of Regulation (EU) No 182/20112.

Text proposed by the Commission

~~2. Where reference is made to this Article, Article 5 of Regulation (EU) No 182/2011 and Article 5 of Regulation (EC) No 2099/2002 shall apply.’;~~

Amendment

~~_____________~~

(h) any previous infringement by the responsible person.

1 Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships (OJ L 324, 29.11.2002, p. 1).

(h) amount and volume of previous infringements by the responsible person.

2 Regulation (EU) No 182/2011 of the European Parliament and of the Council of ▌ 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’

Justification

~~(20) Article 14 is deleted;~~

Member States are encouraged to implement a system that increases penalties for repeat offenders. For example, for each subsequent offense committed by the same ship, the penalty could be multiplied. It is prerogative to define clear thresholds for the number of repeat offenses and specify the multiplier to be applied in each case. Member States should consider increasing penalties exponentially for habitual offenders to create a strong deterrent against persistent violations.

~~(21) Article 15 is deleted;~~

Amendment 31

~~(21a) In Article 16, the following paragraph is added:~~

Proposal for a directive

~~2. Member States without direct access to the sea or without ports shall not be obliged to transpose and implement the provisions of this Directive in Articles 6 and 7(2).’;~~

Article 1 – paragraph 1 – point 13

~~(22) The sole Annex is deleted;~~

Directive 2005/35/EC

~~(23) The text set out in Annex I to this Directive is added as Annex I;~~

Article 8d – paragraph 1 – point h a (new)

~~(24) The text set out in Annex II to this Directive is added as Annex II.~~

Text proposed by the Commission

~~Article 2~~

Amendment

~~Transposition~~

(ha) The extent of the damage caused by the discharge to marine life, including fish populations, and its subsequent impact on fishing activities and coastal communities.

1. Member States shall adopt and publish, by [OP: Please insert a date: 30 months from the date of entry into force of this amending Directive]▌ the laws, regulations and administrative provisions necessary to comply with this Directive.

Amendment 32

When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Proposal for a directive

~~2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive and any subsequent amendment(s) affecting them.~~

Article 1 – paragraph 1 – point 13

~~Article 3~~

Directive 2005/35/EC

~~Application of Directive 2009/123/EC~~

Article 8d – paragraph 1 – point h b (new)

As regards infringements to be regarded as criminal offences pursuant to Directive 2005/35/EC as amended by Directive 2009/123/EC22 and the corresponding penalties, Member States not bound by Directive (EU) 2023/xxxx shall remain bound by Directive 2005/35/EC as amended by Directive 2009/123/EC.

Text proposed by the Commission

~~Article 4~~

Amendment

~~Entry into force~~

(hb) In areas of significant fishing activity, Member States are encouraged to enforce enhanced monitoring mechanisms and consider stricter and dissuasive penalties to deter infringements.

~~This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.~~

Amendment 33

~~Article 5~~

Proposal for a directive

~~Addressees~~

Article 1 – paragraph 1 – point 13

~~This Directive is addressed to the Member States.~~

Directive 2005/35/EC

~~Done at Brussels,~~

Article 8d – paragraph 1 a (new)

~~For the European Parliament For the Council~~

Text proposed by the Commission

~~The President The President~~

Amendment

~~Annex I~~

1a. Member States shall take into account obligations stemming from other Union acts such as Regulation (EC) No 1224/2009 on Fisheries Control when implementing the obligations under paragraph 1.

~~Non-exhaustive list of irregularities or information referred to in Article 6~~

Amendment 34

(1) Any irregularities with respect to the oil and other relevant record books or with respect to other deficiencies related to potential discharges, discovered during inspections carried out under Directive 2009/16/EC, carried out either by the Member State concerned or by another Member State or a State signatory to the Memorandum of Understanding on Port State Control (Paris MOU) at the previous ports of call of the ship;

Proposal for a directive

(2) Any irregularities with respect to the delivery of ship-generated waste, or the notification thereof, as required under Directive (EU) 2019/883 which took place either in the Member State concerned or in the Member State of the previous ports of call of the ship;

Article 1 – paragraph 1 – point 14

(3) Any irregularities with respect to non-compliance with the criteria for the use of exhaust gas cleaning systems operated as emissions abatement methods set out in Annex II of Directive (EU) 2016/802 of the European Parliament and of the Council, which refers to the 2009 Guidelines for Exhaust Gas Cleaning Systems set out in Resolution MEPC.184(59)) as replaced by the 2021 Guidelines for Exhaust Gas Cleaning Systems set out in resolution MEPC.340(77).

Directive 2005/35/EC

(4) Any information obtained from another Member State relating to a potential illegal discharge of the ship obtained through the procedures foreseen in Directive 2002/59/EC, including any proof or presumptive evidence on deliberate discharges of oil or other infringements of Marpol 73/78 communicated by coastal stations of a Member State to the coastal stations in the Member State concerned in accordance with Article 16 thereof or incidents or accidents reported by the master of the ship to the coastal station of the Member State concerned in accordance with Article 17 thereof; or

Article 10 – paragraph 1 – point d a (new)

~~(5) Any other information by persons involved in the operation of the ship, including pilots, which suggests irregularities relating to potential violation of the obligations under this Directive.~~

Text proposed by the Commission

~~Annex II~~

Amendment

~~Information to be included in the Union-wide overview published by the Commission referred to in Article 10c~~

(da) Ensure that relevant information, particularly concerning areas where ship-source pollution incidents occurred, is disseminated to fishing communities in a timely and comprehensible manner by national or local authorities.

~~(1) For each pollution incident verified and confirmed by a Member State, information in the Union-wide overview published by the Commission in accordance with Article 10c shall include:~~

Amendment 35

~~a. date of the incident;~~

Proposal for a directive

~~b. identification of the ship involved in the incident;~~

Article 1 – paragraph 1 – point 14

~~c. position (latitude and longitude) of the pollution incident;~~

Directive 2005/35/EC

~~d. extent of the pollution incident (area and length), if applicable;~~

Article 10 – paragraph 1 a (new)

~~e. type of pollutant;~~

Text proposed by the Commission

~~f. Member State(s) involved;~~

Amendment

~~g. description of the verification activities of the pollution incident;~~

1a. The Member States and the Commission shall cooperate in the exchange of information on best practices and actions taken to prevent marine waste, including fisheries waste, how more eco-design could be used to reduce the most common marine waste detected and their impacts on the environment, and good actions deployed to recover marine waste already at sea.

~~h. date and time of verification activities and assets used for verification activities;~~

Amendment 36

~~i. details of the administrative penalty imposed.~~

Proposal for a directive

~~(2) For each Member State, aggregated information contained in the Union-wide overview published by the Commission in accordance with Article 10c shall include:~~

Article 1 – paragraph 1 – point 14

~~a. number of CleanSeaNet possible pollution incidents detected ▌ ;~~

Directive 2005/35/EC

~~b. number of CleanSeaNet possible pollution incidents verified on-site by the Member State;~~

Article 10 – paragraph 2

~~ba. number of CleanSeaNet possible pollution incidents verified by other means by the Member State;~~

Text proposed by the Commission

~~c. number of confirmed pollution incidents after verification (detailed per area: territorial waters, EEZ, high seas);~~

Amendment

~~d. number of identified offenders;~~

~~e. number of cases where a penalty was imposed.~~

2. The Commission shall provide for the organisation of exchange of experiences between Member States’ national authorities, fishers and experts, including those from the private sector, civil society, trade unions, and representatives from fishing communities and associations on the application of this Directive across the Union, with a view to establish common practices and guidelines on the enforcement of this Directive.;

~~(3) A summary, solely for reference purposes, of relevant parts of Marpol 73/78, which shall be updated whenever there are changes to Marpol 73/78 relevant for this Directive.~~

Amendment 37

Proposal for a directive

Article 1 – paragraph 1 – point 15

Directive 2005/35/EC

Article 10a – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Member States shall also report on the measures taken in relation to prevention and recovery of marine waste as well as actions to replace materials in gears and products used at sea, such as expanded polystyrene containers and packaging, as appropriate, taking into account other reporting obligations under other Union acts.

Amendment 38

Proposal for a directive

Article 1 – paragraph 1 – point 15

Directive 2005/35/EC

Article 10b – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. This training shall also encompass modules on the ecological impact of marine pollution, specifically focusing on the implications for fish populations, breeding grounds, and migratory patterns. Experts from the fisheries sector shall be invited to contribute to and participate in these training sessions, offering first-hand knowledge and insights into the effects of pollution on fishing activities and marine life. The Commission and Member States shall endeavour to disseminate key insights and information from these training sessions to fishing communities, ensuring they are well-informed and equipped to play a collaborative role in upholding the objectives of this Directive.

Amendment 39

Proposal for a directive

Article 1 – paragraph 1 – point 15

Directive 2005/35/EC

Article 10c – paragraph 1

Text proposed by the Commission

Amendment

1. Based on information reported by Member States in accordance with Article 10a as well as relevant information received under other Union acts, such as Regulation (EC) No 1224/2009 in relation to lost fishing gear, the Commission shall make publicly available a regularly updated Union-wide overview on the implementation and enforcement of this Directive. The overview shall include the information listed in Annex II to this Directive.

Amendment 40

Proposal for a directive

Article 1 – paragraph 1 – point 15

Directive 2005/35/EC

Article 10d – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall develop and maintain a confidential online external reporting channel for receiving reports, within the meaning of Directive (EU) 2019/193740 on potential infringements of this Directive and shall relay such reports to the Member State or Member States concerned.

1. The Commission shall develop, maintain and make easily accessible to the public, a confidential online external reporting channel for receiving reports, within the meaning of Directive (EU) 2019/193740 on potential infringements of this Directive and shall relay such reports to the Member State or Member States concerned.

_________________

40 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).

Amendment 41

Proposal for a directive

Article 1 – paragraph 1 – point 15

Directive 2005/35/EC

Article 10d – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that national competent authorities receiving reports of violations of this Directive, submitted through the channel referred to in paragraph 1, provide feedback and follow-up on those reports in accordance with Directive (EU) 2019/1937.

2. Member States shall ensure that national competent authorities receiving reports of violations of this Directive, submitted through the channel referred to in paragraph 1, investigate, where appropriate, act upon, and provide prompt feedback and follow-up on those reports in accordance with Directive (EU) 2019/1937.

Amendment 42

Proposal for a directive

Article 1 – paragraph 1 – point 15

Directive 2005/35/EC

Article 10d – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Member States shall ensure that individuals who report potential infringements within this Directive shall not suffer any adverse employment consequences, harassment, threats, or discrimination as a result of their disclosure. The identity of whistle-blowers shall be kept confidential to the extent permitted by law. Whistle-blowers shall not be considered liable for their disclosure, provided that it is made in good faith and without malice.

Amendment 43

Proposal for a directive

Article 1 – paragraph 1 – point 18

Directive 2005/35/EC

Article 12a – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) relevant information gathered under other Union acts, such as Regulation (EC) No 1224/2009.

Amendment 44

Proposal for a directive

Article 1 – paragraph 1 – point 18

Directive 2005/35/EC

Article 12a – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. The Commission shall also compile the information Member States have submitted pursuant to Article 10a paragraph 2a and assess weather further actions on EU-level is needed and present, as appropriate, proposals to that effect.

ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The following list is drawn up under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:

Entity and/or person

No input

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences

References

COM(2023)0273 – C9-0187/2023 – 2023/0171(COD)

Committee responsible

Date announced in plenary

TRAN

10.7.2023

Opinion by

Date announced in plenary

PECH

10.7.2023

Rapporteur for the opinion

Date appointed

Cláudia Monteiro de Aguiar

12.9.2023

Discussed in committee

9.10.2023

Date adopted

9.11.2023

Result of final vote

–:

Members present for the final vote

Clara Aguilera, João Albuquerque, Pietro Bartolo, François-Xavier Bellamy, Isabel Carvalhais, Asger Christensen, Rosa D’Amato, Francisco Guerreiro, Anja Haga, Anja Hazekamp, Niclas Herbst, Jan Huitema, Ladislav Ilčić, France Jamet, Predrag Fred Matić, Francisco José Millán Mon, Marc Tarabella, Theodoros Zagorakis

Substitutes present for the final vote

Cláudia Monteiro de Aguiar, Elżbieta Rafalska, Lucia Vuolo

Substitutes under Rule 209(7) present for the final vote

Iskra Mihaylova

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

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