Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements
Date: 2005-09-07
Institutions: Council of the European Union, European Parliament
Subjects: administrative sanction, environmental liability, environmental offence, marine pollution, oil pollution, penalty, pollution from ships

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DIRECTIVE 2005/35/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on ship-source pollution and on the introduction of penalties for infringements

of 7 September 2005

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

their exposure to penalties; in order to achieve effective
protection of the environment there is therefore a need
for effective, dissuasive and proportionate penalties.

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (2),

Whereas:

(1)

(2)

(3)

(4)

The Community's maritime safety policy is aimed at a
high level of safety and environmental protection and is
based on the understanding that all parties involved in
the transport of goods by sea have a responsibility for
ensuring that ships used in Community waters comply
with applicable rules and standards.

standards

in all Member States

The material
for
discharges of polluting substances from ships are based
upon the Marpol 73/78 Convention; however these rules
are being ignored on a daily basis by a very large
number of ships sailing in Community waters, without
corrective action being taken.

The implementation of Marpol 73/78 shows discrepan-
cies among Member States and there is thus a need to
harmonise its implementation at Community level;
in
particular the practices of Member States relating to the
imposition of penalties
for discharges of polluting
substances from ships differ significantly.

Measures of a dissuasive nature form an integral part of
the Community's maritime safety policy, as they ensure
a link between the responsibility of each of the parties
involved in the transport of polluting goods by sea and

(1) OJ C 220, 16.9.2003, p. 72.
(2) Opinion of the European Parliament of 13 January 2004 (OJ C 92 E,
16.4.2004, p. 77), Council Common Position of 7 October 2004
(OJ C 25 E, 1.2.2005, p. 29), Position of the European Parliament
of 23 February 2005 (not yet published in the Official Journal) and
Council Decision of 12 July 2005.

(5)

(6)

(7)

(8)

(9)

instruments, existing legal provisions,

To that end it is essential to approximate, by way of the
proper legal
in
particular on the precise definition of the infringement
in question, the cases of exemption and minimum rules
for penalties, and on liability and jurisdiction.

This Directive is supplemented by detailed rules on crim-
inal offences and penalties as well as other provisions set
out in Council Framework Decision 2005/667/JHA of
12 July 2005 to strengthen the criminal law framework
for the enforcement of the law against ship-source pollu-
tion (3).

Neither the international regime for the civil liability and
compensation of oil pollution nor that relating to pollu-
tion by other hazardous or noxious substances provides
sufficient dissuasive effects to discourage the parties
involved in the transport of hazardous cargoes by sea
from engaging in substandard practices;
the required
dissuasive effects can only be achieved through the
introduction of penalties applying to any person who
causes or contributes to marine pollution; penalties
should be applicable not only to the shipowner or the
master of the ship, but also the owner of the cargo, the
classification society or any other person involved.

Ship-source discharges of polluting substances should be
regarded as infringements if committed with intent, reck-
lessly or by serious negligence. These infringements are
regarded as criminal offences by, and in the circum-
stances
Framework Decision
in,
2005/667/JHA supplementing this Directive.

provided

for

Penalties for discharges of polluting substances from
ships are not related to the civil liability of the parties
concerned and are thus not subject to any rules relating
to the limitation or channelling of civil liabilities, nor do
they limit the efficient compensation of victims of pollu-
tion incidents.

(3) See page 164 of this Official Journal.

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(10)

There is a need for further effective cooperation among
Member States to ensure that discharges of polluting
substances from ships are detected in time and that the
offenders are identified. For this reason, the European
Maritime Safety Agency set up by Regulation (EC)
No 1406/2002 of the European Parliament and of the
Council of 27 June 2002 (1) has a key role to play in
working with the Member States in developing technical
solutions and providing technical assistance relating to
the implementation of this Directive and in assisting the
Commission in the performance of any task assigned to
it for the effective implementation of this Directive.

Community may adopt measures,
in accordance with
the principle of subsidiarity as set out in Article 5 of the
Treaty. In accordance with the principle of proportion-
ality, as set out in that Article, this Directive does not go
beyond what
is necessary in order to achieve those
objectives.

(16)

This Directive fully respects the Charter of fundamental
rights of the European Union; any person suspected of
having committed an infringement must be guaranteed a
fair and impartial hearing and the penalties must be
proportional,

(11)

such as national coastguard services.

In order better to prevent and combat marine pollution,
synergies should be created between enforcement autho-
rities
In this
context, the Commission should undertake a feasibility
study on a European coastguard dedicated to pollution
prevention and response, making clear the costs and
benefits. This study should, if appropriate, be followed
by a proposal on a European coastguard.

(12) Where there is clear, objective evidence of a discharge
causing major damage or a threat of major damage,
Member States should submit the matter to their compe-
tent authorities with a view to instituting proceedings in
accordance with Article 220 of the 1982 United Nations
Convention on the Law of the Sea.

(13)

(14)

(15)

The enforcement of Directive 2000/59/EC of the Euro-
pean Parliament and of the Council of 27 November
2000 on port
reception facilities for ship-generated
waste and cargo residues (2) is, together with this Direc-
tive, a key instrument in the set of measures to prevent
ship-source pollution.

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (3).

Since the objectives of this Directive, namely the incor-
poration of the international ship-source pollution stan-
dards into Community law and the establishment of
penalties — criminal or administrative — for violation
of them in order to ensure a high level of safety and
environmental protection in maritime transport, cannot
be sufficiently achieved by the Member States and can
therefore be better achieved at Community level, the

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

1.
The purpose of this Directive is to incorporate interna-
tional standards for ship-source pollution into Community law
and to ensure that persons responsible for discharges are
subject to adequate penalties as referred to in Article 8,
in
order to improve maritime safety and to enhance protection of
the marine environment from pollution by ships.

2.
This Directive does not prevent Member States from
taking more stringent measures against ship-source pollution in
conformity with international law.

Article 2

Definitions

For the purpose of this Directive:

1.

2.

‘Marpol 73/78’ shall mean the International Convention for
the Prevention of Pollution from Ships, 1973 and its 1978
Protocol, in its up-to-date version;

‘polluting substances’ shall mean substances covered by
Annexes I (oil) and II (noxious liquid substances in bulk) to
Marpol 73/78;

3.

‘discharge’ shall mean any release howsoever caused from a
ship, as referred to in Article 2 of Marpol 73/78;

(1) OJ L 208, 5.8.2002, p. 1. Regulation as last amended by Regulation

(EC) No 724/2004 (OJ L 129, 29.4.2004, p. 1).

(2) OJ L 332, 28.12.2000, p. 81. Directive as amended by Directive

2002/84/EC (OJ L 324, 29.11.2002, p. 53).

(3) OJ L 184, 17.7.1999, p. 23.

4.

‘ship’ shall mean 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.

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Article 3

Scope

2.
A discharge of polluting substances into the areas referred
to in Article 3(1)(c), (d) and (e) shall not be regarded as an
infringement for the owner, the master or the crew when
acting under the master's responsibility if it satisfies the condi-
tions set out in Annex I, Regulation 11(b) or in Annex II, Regu-
lation 6(b) of Marpol 73/78.

This Directive shall apply,

1.
tional law, to discharges of polluting substances in:

in accordance with interna-

(a) the internal waters, including ports, of a Member State, in

so far as the Marpol regime is applicable;

(b) the territorial sea of a Member State;

(c) straits used for international navigation subject

to the
regime of transit passage, as laid down in Part III, section 2,
of the 1982 United Nations Convention on the Law of the
Sea, to the extent that a Member State exercises jurisdiction
over such straits;

(d) the exclusive economic zone or equivalent zone of a
Member State, established in accordance with international
law; and

(e) the high seas.

Article 6

Enforcement measures with respect to ships within a port
of a Member State

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,
taking into account the relevant
guidelines adopted by the International Maritime Organisation
(IMO), is undertaken in accordance with its national law.

This Directive shall apply to discharges of polluting
2.
substances from any ship,
irrespective of its flag, with the
exception of any warship, naval auxiliary or other ship owned
or operated by a State and used, for the time being, only on
government non-commercial service.

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,
that
Member State and of the flag State shall be informed.

the competent authorities of

Article 4

Infringements

Member States shall ensure that ship-source discharges of
polluting substances into any of
the areas referred to in
Article 3(1) are regarded as infringements if committed with
intent, recklessly or by serious negligence. These infringements
are regarded as criminal offences by, and in the circumstances
provided for in, Framework Decision 2005/667/JHA supple-
menting this Directive.

Article 5

Exceptions

Article 7

Enforcement measures by coastal States with respect to
ships in transit

1.
If the suspected discharge of polluting substances takes
place in the areas referred to in Article 3(1)(b), (c), (d) or (e)
and the ship which is suspected of the discharge does not call
at a port of the Member State holding the information relating
to the suspected discharge, the following shall apply:

(a) If the next port of call of the ship is in another Member
State, the Member States concerned shall cooperate closely
in the inspection referred to in Article 6(1) and in deciding
on the appropriate measures
in respect of any such
discharge;

1.
A discharge of polluting substances into any of the areas
referred to in Article 3(1) shall not be regarded as an infringe-
ment if it satisfies the conditions set out in Annex I, Regula-
tions 9, 10, 11(a) or 11(c) or in Annex II, Regulations 5, 6(a)
or 6(c) of Marpol 73/78.

(b) If the next port of call of the ship is a port of a State
outside the Community, the Member State shall take the
necessary measures to ensure that the next port of call of
the ship is informed about the suspected discharge and
shall request the State of the next port of call to take the
appropriate measures in respect of any such discharge.

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2. Where there is clear, objective evidence that a ship navi-
gating in the areas referred to in Article 3(1)(b) or (d) has, in
the area referred to in Article 3(1)(d), committed an infringe-
ment resulting in a discharge causing major damage or a threat
of major damage to the coastline or related interests of the
Member State concerned, or to any resources of the areas
referred to in Article 3(1)(b) or (d), that State shall, subject to
Part XII, Section 7 of the 1982 United Nations Convention on
the Law of the Sea and provided that the evidence so warrants,
submit the matter to its competent authorities with a view to
instituting proceedings,
in
accordance with its national law.

including detention of

the ship,

In any event, the authorities of the flag State shall be

3.
informed.

Article 8

Penalties

take the necessary measures to
1. Member States shall
ensure that infringements within the meaning of Article 4 are
subject
to effective, proportionate and dissuasive penalties,
which may include criminal or administrative penalties.

2.
Each Member State shall take the measures necessary to
ensure that the penalties referred to in paragraph 1 apply to
any person who is found responsible for an infringement
within the meaning of Article 4.

deliberate marine pollution set up by Decision No 2850/2000/
EC (1) and if appropriate, of the implementation of Directive
2000/59/EC in order to:

(a) develop the necessary information systems required for the

effective implementation of this Directive;

(b) establish common practices and guidelines on the basis of

those existing at international level, in particular for:

— the monitoring and early identification of ships dischar-
ging polluting substances in violation of this Directive,
including, where appropriate, on-board monitoring
equipment,

— reliable methods of tracing polluting substances in the

sea to a particular ship, and

— the effective enforcement of this Directive.

In accordance with its tasks as defined in Regulation (EC)

2.
No 1406/2002, the European Maritime Safety Agency shall:

(a) work with the Member States in developing technical solu-
tions and providing technical assistance in relation to the
implementation of this Directive, in actions such as tracing
discharges by satellite monitoring and surveillance;

(b) assist the Commission in the implementation of this Direc-
tive,
if appropriate, by means of visits to the
Member States, in accordance with Article 3 of Regulation
(EC) No 1406/2002.

including,

Article 11

Feasibility Study

Article 9

Compliance with international law

The Commission shall, before the end of 2006, submit to the
European Parliament and the Council a feasibility study on a
European coastguard dedicated to pollution prevention and
response, making clear the costs and benefits.

Member States shall apply the provisions of
this Directive
without any discrimination in form or in fact against foreign
ships and in accordance with applicable international
law,
including Section 7 of Part XII of the 1982 United Nations
Convention on the Law of the Sea, and they shall promptly
notify the flag State of the vessel and any other State concerned
of measures taken in accordance with this Directive.

Article 12

Reporting

Article 10

Accompanying measures

Every three years, Member States shall transmit a report to the
Commission on the application of this Directive by the compe-
tent authorities. On the basis of these reports, the Commission
shall submit a Community report to the European Parliament
and the Council. In this report, the Commission shall assess,
inter alia, the desirability of revising or extending the scope of
this Directive. It shall also describe the evolution of relevant
case-law in the Member States and shall consider the possibility
of creating a public database containing such relevant case-law.

For the purposes of this Directive, Member States and the
1.
Commission shall cooperate, where appropriate, in close colla-
boration with the European Maritime Safety Agency and taking
account of the action programme to respond to accidental or

(1) Decision No 2850/2000/EC of the European Parliament and of the
Council of 20 December 2000 setting up a Community framework
for cooperation in the field of accidental or deliberate marine pollu-
tion (OJ L 332, 28.12.2000, p. 1). Decision as amended by Decision
No 787/2004/EC (OJ L 138, 30.4.2004, p. 12).

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Article 13

Committee procedure

Article 16

Implementation

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 2099/2002 of
the European Parliament and of the Council, of 5 November
2002 (1).

2. Where reference is made to this Article, Articles 5 and 7
of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at one month.

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive by 1 March 2007 and forthwith inform the Commission
thereof.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a refer-
ence on the occasion of their official publication. Member
States shall determine how such reference is to be made.

Article 17

Entry into force

Article 14

Provision of information

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

The Commission shall regularly inform the Committee set up
by Article 4 of Decision No 2850/2000/EC of any proposed
measures or other relevant activities concerning the response to
marine pollution.

Article 18

Addressees

This Directive is addressed to the Member States.

Article 15

Amendment procedure

Done at Strasbourg, 7 September 2005.

In accordance with Article 5 of Regulation (EC) No 2099/2002
and following the procedure referred to in Article 13 of this
Directive, the COSS may exclude amendments to Marpol 73/78
from the scope of this Directive.

For the European Parliament

For the Council

The President

J. BORRELL FONTELLES

The President

C. CLARKE

(1) OJ L 324, 29.11.2002, p. 1. Regulation as amended by Commission

Regulation (EC) No 415/2004 (OJ L 68, 6.3.2004, p. 10).

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Summary, for reference purposes, of the Marpol 73/78 discharge regulations relating to discharges of oil and
noxious liquid substances, as referred to in Article 2.2

ANNEX

Part I: Oil (Marpol 73/78, Annex I)

For the purposes of Marpol 73/78 Annex I, ‘oil’ means petroleum in any form including crude oil, fuel oil, sludge, oil
refuse and refined products (other than petrochemicals which are subject to the provisions of Marpol 73/78 Annex II)
and ‘oily mixture’ means a mixture with any oil content.

Excerpts of the relevant provisions of Marpol 73/78 Annex I:

Regulation 9: Control of discharge of oil

1. Subject to the provisions of Regulations 10 and 11 of this Annex and paragraph 2 of this Regulation, any discharge
into the sea of oil or oily mixtures from ships to which this Annex applies shall be prohibited except when all the
following conditions are satisfied:

(a) for an oil tanker, except as provided for in subparagraph (b) of this paragraph:

(i) the tanker is not within a special area;

(ii) the tanker is more than 50 nautical miles from the nearest land;

(iii) the tanker is proceeding en route;

(iv) the instantaneous rate of discharge of oil content does not exceed 30 litres per nautical mile;

(v) the total quantity of oil discharged into the sea does not exceed for existing tankers 1/15000 of the total
quantity of the particular cargo of which the residue formed a part, and for new tankers 1/30000 of the
total quantity of the particular cargo of which the residue formed a part; and

(vi) the tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as

required by Regulation 15 of this Annex.

(b) from a ship of 400 tons gross tonnage and above other than an oil tanker and from machinery space bilges

excluding cargo pump-room bilges of an oil tanker unless mixed with oil cargo residue:

(i) the ship is not within a special area;

(ii) the ship is proceeding en route;

(iii) the oil content of the effluent without dilution does not exceed 15 parts per million; and

(iv) the ship has in operation (monitoring, control and filtering equipment) as required by regulation 16 of this

Annex.

2. In the case of a ship of less than 400 tons gross tonnage other than an oil tanker whilst outside the special area, the
(flag State) Administration shall ensure that it is equipped as far as practicable and reasonable with installations to
ensure the storage of oil residues on board and their discharge to reception facilities or into the sea in compliance
with the requirements of paragraph (1)(b) of this Regulation.

3. […].

4. The provisions of paragraph 1 of this Regulation shall not apply to the discharge of clean or segregated ballast or
unprocessed oily mixtures which without dilution have an oil content not exceeding 15 parts per million and which
do not originate from cargo pump-room bilges and are not mixed with oil cargo residues.

5. No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazar-
dous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the
conditions of discharge specified in this regulation.

6. The oil residues which cannot be discharged into the sea in compliance with paragraphs 1, 2 and 4 of this Regulation

shall be retained on board or discharged to reception facilities.

7. […].

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Regulation 10: Methods for the prevention of oil pollution from ships while operating in special areas

1. For the purpose of this Annex, the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea
area, the Red Sea area, the ‘Gulfs area’, the Gulf of Aden area, the Antarctic area and the North-West European
waters, (as further defined and specified).

2. Subject to the provisions of regulation 11 of this Annex:

(a) Any discharge into the sea of oil or oily mixture from any oil tanker and any ship of 400 tons gross tonnage and

above other than an oil tanker shall be prohibited while in a special area. […];

(b) […] Any discharge into the sea of oil or oily mixture from a ship of less than 400 tons gross tonnage, other than
an oil tanker, shall be prohibited while in a special area, except when the oil content of the effluent without dilu-
tion does not exceed 15 parts per million.

3.

(a) The provisions of paragraph 2 of this Regulation shall not apply to the discharge of clean or segregated ballast.

(b) The provisions of subparagraph (2)(a) of this regulation shall not apply to the discharge of processed bilge water

from machinery spaces, provided that all of the following conditions are satisfied:

(i) the bilge water does not originate from cargo pump-room bilges;

(ii) the bilge water is not mixed with oil cargo residues;

(iii) the ship is proceeding en route;

(iv) the oil content of the effluent without dilution does not exceed 15 parts per million;

(v) the ship has in operation oil filtering equipment complying with Regulation 16(5) of this Annex; and

(vi) the filtering system is equipped with a stopping device which will ensure that the discharge is automatically

stopped when the oil content of the effluent exceeds 15 parts per million.

4.

(a) No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are
hazardous to the marine environment or chemicals or other substances introduced for the purpose of circum-
venting the conditions of discharge specified in this regulation.

(b) The oil residues which cannot be discharged into the sea in compliance with paragraph 2 or 3 of this Regulation

shall be retained on board or discharged to reception facilities.

5. Nothing in this Regulation shall prohibit a ship on a voyage only part of which is in a special area from discharging

outside the special area in accordance with Regulation 9 of this Annex.

6. […].

7. […].

8. […].

Regulation 11: Exceptions

Regulations 9 and 10 of this Annex shall not apply to:

(a) the discharge into the sea of oil or oily mixture necessary for the purpose of securing the safety of a ship or saving

life at sea; or

(b) the discharge into the sea of oil or oily mixture resulting from damage to a ship or its equipment:

(i) provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the

discharge for the purpose of preventing or minimising the discharge; and

(ii) except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge

that damage would probably result; or

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(c) the discharge into the sea of substances containing oil, approved by the (flag State) administration, when being used
for the purpose of combating specific pollution incidents in order to minimise the damage from pollution. Any such
discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge
will occur.

Part II: Noxious liquid substances (Marpol 73/78 Annex II)

Excerpts of the relevant provisions of Marpol 73/78 Annex II:

Regulation 3: Categorisation and listing of noxious liquid substances

1. For the purpose of the Regulations of this Annex, noxious liquid substances shall be divided into four categories as

follows:

(a) Category A: noxious liquid substances which if discharged into the sea from tank cleaning or deballasting opera-
tions would present a major hazard to either marine resources or human health or cause serious harm to
amenities or other legitimate uses of the sea and therefore justify the application of stringent anti-pollution
measures;

(b) Category B: noxious liquid substances which if discharged into the sea from tank cleaning or deballasting opera-
tions would present a hazard to either marine resources or human health or cause harm to amenities or other
legitimate uses of the sea and therefore justify the application of special anti-pollution measures;

(c) Category C: noxious liquid substances which if discharged into the sea from tank cleaning or deballasting opera-
tions would present a minor hazard to either marine resources or human health or cause minor harm to
amenities or other legitimate uses of the sea and therefore require special operational conditions;

(d) Category D: noxious liquid substances which if discharged into the sea from tank cleaning or deballasting opera-
tions would present a recognisable hazard to either marine resources or human health or cause minimal harm to
amenities or other legitimate uses of the sea and therefore require some attention in operational conditions.

2. [...].

3. […].

4. […].

(Further guidelines on the categorisation of substances, including a list of categorised substances are given in Regulation
3(2) to (4) and Regulation 4 and the Appendices to Marpol 73/78 Annex II)

Regulation 5: Discharge of noxious liquid substances

Category A, B and C substances outside special areas and Category D substances in all areas

Subject to the provisions of […] Regulation 6 of this Annex,

1. The discharge into the sea of substances in Category A as defined in Regulation 3(1)(a) of this Annex or of those
provisionally assessed as such or ballast water, tank washings, or other residues or mixtures containing such
substances shall be prohibited. If tanks containing such substances or mixtures are to be washed, the resulting resi-
dues shall be discharged to a reception facility until the concentration of the substance in the effluent to such facility
is at or below 0,1 % by weight and until the tank is empty, with the exception of phosphorus, yellow or white, for
which the residual concentration shall be 0,01 % by weight. Any water subsequently added to the tank may be
discharged into the sea when all the following conditions are satisfied:

(a) the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots

in the case of ships which are not self-propelled;

(b) the discharge is made below the waterline, taking into account the location of the seawater intakes; and

(c) the discharge is made at a distance of not less than 12 nautical miles from the nearest land in a depth of water of

not less than 25 m.

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2. The discharge into the sea of substances in Category B as defined in Regulation 3(1)(b) of this Annex or of those
provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such
substances shall be prohibited except when all the following conditions are satisfied:

(a) the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots

in the case of ships which are not self-propelled;

(b) the procedures and arrangements for discharge are approved by the (flag State) administration. Such procedures
and arrangements shall be based upon standards developed by the (IMO) and shall ensure that the concentration
and rate of discharge of the effluent is such that the concentration of the substance in the wake astern of the ship
does not exceed 1 part per million;

(c) the maximum quantity of cargo discharged from each tank and its associated piping system does not exceed the
maximum quantity approved in accordance with the procedures referred to in subparagraph (b) of this paragraph,
which shall in no case exceed the greater of 1 m3 or 1/3000 of the tank capacity in m3;

(d) the discharge is made below the waterline, taking into account the location of the seawater intakes; and

(e) the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of

water of not less than 25 m.

3. The discharge into the sea of substances in Category C as defined in Regulation 3(1)(c) of this Annex or of those
provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such
substances shall be prohibited except when all the following conditions are satisfied:

(a) the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots

in the case of ships which are not self-propelled;

(b) the procedures and arrangements for discharge are approved by the (flag State) administration. Such procedures
and arrangements shall be based upon standards developed by the (IMO) and shall ensure that the concentration
and rate of discharge of the effluent is such that the concentration of the substance in the wake astern of the ship
does not exceed 10 parts per million;

(c) the maximum quantity of cargo discharged from each tank and its associated piping system does not exceed the
maximum quantity approved in accordance with the procedures referred to in subparagraph (b) of this paragraph,
which shall in no case exceed the greater of 3 m3 or 1/1000 of the tank capacity in m3;

(d) the discharge is made below the waterline, taking into account the location of the seawater intakes; and

(e) the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of

water of not less than 25 m.

4. The discharge into the sea of substances in Category D as defined in Regulation 3(1)(d) of this Annex, or of those
provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such
substances shall be prohibited except when all the following conditions are satisfied:

(a) the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots

in the case of ships which are not self-propelled;

(b) such mixtures are of a concentration not greater than one part of the substance in ten parts of water; and

(c) the discharge is made at a distance of not less than 12 nautical miles from the nearest land.

5. Ventilation procedures approved by the (flag State) administration may be used to remove cargo residues from a
tank. Such procedures shall be based upon standards developed by the (IMO). Any water subsequently introduced
into the tank shall be regarded as clean and shall not be subject to paragraphs 1, 2, 3 or 4 of this Regulation.

6. The discharge into the sea of substances which have not been categorised, provisionally assessed, or evaluated as
referred to in Regulation 4(1) of this Annex, or of ballast water, tank washings, or other residues or mixtures
containing such substances shall be prohibited.

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Category A, B and C substances within special areas (as defined in Marpol 73/78 Annex II, Regulation 1, including the
Baltic Sea)

Subject to the provisions of […] Regulation 6 of this Annex,

7. The discharge into the sea of substances in Category A as defined in Regulation 3(1)(a) of this Annex or of those
provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such
substances shall be prohibited. If tanks containing such substances or mixtures are to be washed, the resulting resi-
dues shall be discharged to a reception facility which the States bordering the special area shall provide in accord-
ance with Regulation 7 of this Annex, until the concentration of the substance in the effluent to such facility is at
or below 0,05 % by weight and until the tank is empty, with the exception of phosphorus, yellow or white, for
which the residual concentration shall be 0,005 % by weight. Any water subsequently added to the tank may be
discharged into the sea when all the following conditions are satisfied:

(a) the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4

knots in the case of ships which are not self-propelled;

(b) the discharge is made below the waterline, taking into account the location of the seawater intakes; and

(c) the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of

water of not less than 25 m.

8. The discharge into the sea of substances in Category B as defined in Regulation (3)(1)(b) of this Annex or of those
provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such
substances shall be prohibited except when all the following conditions are satisfied:

(a) the tank has been prewashed in accordance with the procedure approved by the (flag State) Administration and
based on standards developed by the (IMO) and the resulting tank washings have been discharged to a reception
facility;

(b) the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4

knots in the case of ships which are not self-propelled;

(c) the procedures and arrangements for discharge and washings are approved by the (flag State) Administration.
Such procedures and arrangements shall be based upon standards developed by the (IMO) and shall ensure that
the concentration and rate of discharge of the effluent is such that the concentration of the substance in the
wake astern of the ship does not exceed 1 part per million;

(d) the discharge is made below the waterline, taking into account the location of the seawater intakes; and

(e) the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of

water of not less than 25 m.

9. The discharge into the sea of substances in Category C as defined in Regulation 3(1)(c) of this Annex or of those
provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such
substances shall be prohibited except when all the following conditions are satisfied:

(a) the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4

knots in the case of ships which are not self-propelled;

(b) the procedures and arrangements for discharge are approved by the (flag State) administration. Such procedures
and arrangements shall be based upon standards developed by the (IMO) and shall ensure that the concentration
and rate of discharge of the effluent is such that the concentration of the substance in the wake astern of the
ship does not exceed 1 part per million;

(c) the maximum quantity of cargo discharged from each tank and its associated piping system does not exceed the
maximum quantity approved in accordance with the procedures referred to in subparagraph (b) of this para-
graph which shall in no case exceed the greater of 1 m3 or 1/3000 of the tank capacity in m3;

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(d) the discharge is made below the waterline, taking into account the location of the seawater intakes; and

(e) the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of

water of not less than 25 m.

10. Ventilation procedures approved by the (flag State) administration may be used to remove cargo residues from a
tank. Such procedures shall be based upon standards developed by the (IMO). Any water subsequently introduced
into the tank shall be regarded as clean and shall not be subject to paragraphs 7, 8 or 9 of this Regulation.

11. The discharge into the sea of substances which have not been categorised, provisionally assessed or evaluated as
referred to in Regulation 4(1) of this Annex, or of ballast water, tank washings, or other residues or mixtures
containing such substances shall be prohibited.

12. Nothing in this regulation shall prohibit a ship from retaining on board the residues from a Category B or C cargo
and discharging such residues into the sea outside a special area in accordance with paragraphs 2 or 3 of this Regu-
lation, respectively.

Regulation 6: Exceptions

Regulation 5 of this Annex shall not apply to:

(a) the discharge into the sea of noxious liquid substances or mixtures containing such substances necessary for the

purpose of securing the safety of a ship or saving life at sea; or

(b) the discharge into the sea of noxious liquid substances or mixtures containing such substances resulting from

damage to a ship or its equipment:

(i) provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the

discharge for the purpose of preventing or minimising the discharge; and

(ii) except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge

that damage would probably result; or

(c) the discharge into the sea of noxious liquid substances or mixtures containing such substances, approved by the (flag
State) administration, when being used for the purpose of combating specific pollution incidents in order to mini-
mise the damage from pollution. Any such discharge shall be subject to the approval of any government in whose
jurisdiction it is contemplated the discharge will occur.