Directive (EU) 2024/3101

What it is

to amend Directive 2005/35/EC on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences. PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: Directive 2005/35/EC on ship-source pollution (SSP Directive) deals with penalties for illegal discharges of oil and noxious liquid substances from ships to the sea. Illegal, means anything that does not meet MARPOL standards (MARPOL - Convention for the Prevention of Pollution from Ships). The Committee on Transport and Tourism adopted the report by Marian-Jean MARINESCU (EPP, RO) 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. The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows: A discharge of polluting substances into any of the areas referred to in the directive should not be regarded as an infringement if the discharge was immediately reported to the authorities after its occurrence. Moreover, Members stated that the company, the master, or the crew should provide documentary evidence or logs detailing the precautions taken to prevent or minimise the discharge upon request by relevant authorities. Easy access to the full and updated texts of International Maritime Organization (IMO) conventions Members aim to ensure that all interested parties have easy access to the full and updated texts of International Maritime Organization (IMO) conventions. If by one year from the date of entry into force of this amending Directive the IMO has not published the full texts of all its conventions, including Marpol 73/78 and its related annexes, on its website, accessible to users free of charge, the Commission should adopt, within 3 months, a delegated act amending this Directive, by adding a new Annex with the full text of Marpol 73/78 and those of its annexes referred to in this Directive. In the case that it is proven that the master or, if not acting under the responsibility of the master, the crew was responsible for the commission of the relevant infringement, Member States should ensure that penalties are imposed to such persons in accordance with the provisions of this Directive. In the event, however, that the master or crew responsible for the commission of the relevant infringement can no longer be found or cannot afford to pay the full amount of the penalty, the company should remain responsible as a last resort , for the payment of the full amount or of the remainder of the penalty . The report proposed that Member States should ensure that, when determining and applying the type and level of administrative penalty to a natural or legal person found by competent authorities to be responsible for an infringement, the competent authorities take…

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