Article 1 Purpose
1. The purpose of this Directive is to incorporate international standards for ship-source pollution into Community law and to ensure that persons responsible for discharges of polluting substances are subject to adequate penalties, including criminal penalties, 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.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal This proposal concerns a modification of Directive 2005/35/EC 1 on ship-source pollution and on the introduction of penalties for pollution offences as amended by Directive 2009/123/EC 2 . The policies on preventing pollution from ships were developed between 2000 and 2009, in the wake of two major maritime accidents involving the ships Erika and Prestige, which caused substantial oil spills 3 . Directive 2005/35/EC (hereinafter ‘ SSP Directive ’ or ‘Directive’ ) regulates penalties for illegal discharges of oil and noxious liquid substances from ships into the sea. Not all waste that is generated on ships has to be delivered to ports. Some can be discharged into the sea. An illegal discharge is a discharge from a ship that does not meet the relevant International Maritime Organization (IMO) rules, i.e. the standards set in the International Convention for the Prevention of Pollution from Ships (Marpol 73/78). The main objective of the Directive is to incorporate these international standards into EU law and to ensure that those responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate penalties in order to improve maritime safety and to better protect the marine environment from pollution by ships. The Directive sets out an enforcement system where monitoring and verification activities carried out by the Member States lead to penalties on those responsible for infringements. The process is threefold: first, surveillance tools detect a potential discharge from a ship; second, the competent authority decides whether to dispatch a boat or aircraft to check on-scene if the pollution can be confirmed; third, evidence is collected and, if the offender is identified, penalties are applied. Imposing penalties for pollution offences from ships finds its origin in international law. The United Nations Convention on the Law of the Sea (UNCLOS) specifies, among other things, that a State can impose penalties for pollution committed by a foreign vessel in case of major damage to the coastal State or if the flag State in question has repeatedly disregarded its enforcement obligations. EU flag States are also required to impose penalties in line with UNCLOS on their ships if they discharge polluting substances illegally into sea in or outside the EU. The European Green Deal reaffirms the Commission’s ambition to protect its population from environment-related risks and impacts, setting the pathway to a healthy planet for all . This proposal is one of EU’s initiatives aimed at reducing pollution from maritime transport in its seas and is in line with the smart and sustainable mobility strategy 4 and zero-pollution action plan 5 . The Commission carried out the first ex-post evaluation of the Directive in 2022 and found that it successfully contributed to the incorporation of international rules on ship-source pollution into Member State law and improved the detection of pollution from ships. In particular, the Directive was the impetus behind the creation of the CleanSeaNet service - an EU satellite-based oil spill monitoring and vessel detection service managed by the European Maritime Safety Agency (EMSA). However, the evaluation identified a number of shortcomings: (1) the current scope of the Directive does not cover all relevant polluting substances of the international regime e.g. garbage or sewage discharges into sea; (2) information exchange and/or expertise to effectively detect, verify and penalise pollution from ships are irregular across the EU Member States and generally insufficient; (3) there is an unbalanced dissuasive effect of the penalties currently applied across the EU for ship-source pollution; (4) the current reporting by Member States is incomplete and results in a lack of detailed information on ship-source pollution and related penalties imposed across the EU over time. In light of this, offenders discharging polluting substances illegally are not always identified, and rarely penalised. For this reason, a proposal to amend Directive 2005/35/EC has been prepared. The specific objectives of the revision are to: (1) incorporate international standards into EU law by aligning the Directive with Marpol Annexes on discharges into the sea; (2) support Member States by building their capacity to detect pollution incidents, verify, collect evidence and effectively penalise identified offenders in a timely and harmonised manner; (3) ensure that persons (natural and legal) responsible for illegal discharges from ships are subject to effective, proportionate and dissuasive penalties; and (4) ensure simplified and effective reporting on ship-source pollution incidents and follow-up activities. 
Revised version (Article 1 Purpose):
1. The purpose of this Directive is to incorporate into Union law international standards on pollution from ships and to ensure that any company or other legal or natural person liable for illegal discharges of polluting substances is subject to effective, proportionate and dissuasive administrative penalties in order to improve maritime safety and to enhance protection of the marine environment from pollution from ships. 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.
Article 2 Definitions
For the purpose of this Directive: 1. ‘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; 2. ‘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; 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; 5. ‘Legal person’ shall mean 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.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal This proposal concerns a modification of Directive 2005/35/EC 1 on ship-source pollution and on the introduction of penalties for pollution offences as amended by Directive 2009/123/EC 2 . The policies on preventing pollution from ships were developed between 2000 and 2009, in the wake of two major maritime accidents involving the ships Erika and Prestige, which caused substantial oil spills 3 . Directive 2005/35/EC (hereinafter ‘ SSP Directive ’ or ‘Directive’ ) regulates penalties for illegal discharges of oil and noxious liquid substances from ships into the sea. Not all waste that is generated on ships has to be delivered to ports. Some can be discharged into the sea. An illegal discharge is a discharge from a ship that does not meet the relevant International Maritime Organization (IMO) rules, i.e. the standards set in the International Convention for the Prevention of Pollution from Ships (Marpol 73/78). The main objective of the Directive is to incorporate these international standards into EU law and to ensure that those responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate penalties in order to improve maritime safety and to better protect the marine environment from pollution by ships. The Directive sets out an enforcement system where monitoring and verification activities carried out by the Member States lead to penalties on those responsible for infringements. The process is threefold: first, surveillance tools detect a potential discharge from a ship; second, the competent authority decides whether to dispatch a boat or aircraft to check on-scene if the pollution can be confirmed; third, evidence is collected and, if the offender is identified, penalties are applied. Imposing penalties for pollution offences from ships finds its origin in international law. The United Nations Convention on the Law of the Sea (UNCLOS) specifies, among other things, that a State can impose penalties for pollution committed by a foreign vessel in case of major damage to the coastal State or if the flag State in question has repeatedly disregarded its enforcement obligations. EU flag States are also required to impose penalties in line with UNCLOS on their ships if they discharge polluting substances illegally into sea in or outside the EU. The European Green Deal reaffirms the Commission’s ambition to protect its population from environment-related risks and impacts, setting the pathway to a healthy planet for all . This proposal is one of EU’s initiatives aimed at reducing pollution from maritime transport in its seas and is in line with the smart and sustainable mobility strategy 4 and zero-pollution action plan 5 . The Commission carried out the first ex-post evaluation of the Directive in 2022 and found that it successfully contributed to the incorporation of international rules on ship-source pollution into Member State law and improved the detection of pollution from ships. In particular, the Directive was the impetus behind the creation of the CleanSeaNet service - an EU satellite-based oil spill monitoring and vessel detection service managed by the European Maritime Safety Agency (EMSA). However, the evaluation identified a number of shortcomings: (1) the current scope of the Directive does not cover all relevant polluting substances of the international regime e.g. garbage or sewage discharges into sea; (2) information exchange and/or expertise to effectively detect, verify and penalise pollution from ships are irregular across the EU Member States and generally insufficient; (3) there is an unbalanced dissuasive effect of the penalties currently applied across the EU for ship-source pollution; (4) the current reporting by Member States is incomplete and results in a lack of detailed information on ship-source pollution and related penalties imposed across the EU over time. In light of this, offenders discharging polluting substances illegally are not always identified, and rarely penalised. For this reason, a proposal to amend Directive 2005/35/EC has been prepared. The specific objectives of the revision are to: (1) incorporate international standards into EU law by aligning the Directive with Marpol Annexes on discharges into the sea; (2) support Member States by building their capacity to detect pollution incidents, verify, collect evidence and effectively penalise identified offenders in a timely and harmonised manner; (3) ensure that persons (natural and legal) responsible for illegal discharges from ships are subject to effective, proportionate and dissuasive penalties; and (4) ensure simplified and effective reporting on ship-source pollution incidents and follow-up activities. 
Revised version (Article 2 Definitions):
For the purposes of this Directive, the following definitions shall apply: (1) ‘Marpol 73/78’ means the International Convention for the Prevention of Pollution from Ships, 1973, including its 1978 and 1997 Protocols, in its up-to-date version; (2) ‘polluting substances’ means substances subject to regulation by Annex I (oil), Annex II (noxious liquid substances in bulk), Annex III (harmful substances carried by sea in packaged form), Annex IV (sewage from ships) and Annex V (garbage from ships) to Marpol 73/78 and Exhaust Gas Cleaning System residue; (3) ‘Exhaust as Cleaning System residue’ means any material removed from the washwater or the bleed-off water by a treatment system, discharge water that does not meet the discharge criterion, or other residue material removed from the exhaust gas cleaning systems (EGCS) as a result of the operation of a compliance method for emissions reductions defined in Regulation 4 of Annex VI to Marpol 73/78, used as an alternative, in terms of emissions reductions, to the standards set out in Regulation 14 of Annex VI to Marpol 73/78, taking into account the guidelines developed by the International Maritime Organization (IMO); (4) ‘discharge’ means any release howsoever caused from a ship, as referred to in Article 2 of Marpol 73/78; (5) ‘ship’ means a seagoing vessel, irrespective of its flag, of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles and floating craft; (6) ‘legal person’ means any legal entity in possession of such status under applicable national law, other than States themselves, public bodies in the exercise of State authority, or public international organisations; (7) ‘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.
Article 3 Scope
2. This Directive shall apply to discharges of polluting 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.
Article 4 Infringements
1. Member States shall ensure that ship-source discharges of polluting substances, including minor cases of such discharges, into any of the areas referred to in Article 3(1) are regarded as infringements if committed with intent, recklessly or with serious negligence. 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 can be held liable therefor.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal This proposal concerns a modification of Directive 2005/35/EC 1 on ship-source pollution and on the introduction of penalties for pollution offences as amended by Directive 2009/123/EC 2 . The policies on preventing pollution from ships were developed between 2000 and 2009, in the wake of two major maritime accidents involving the ships Erika and Prestige, which caused substantial oil spills 3 . Directive 2005/35/EC (hereinafter ‘ SSP Directive ’ or ‘Directive’ ) regulates penalties for illegal discharges of oil and noxious liquid substances from ships into the sea. Not all waste that is generated on ships has to be delivered to ports. Some can be discharged into the sea. An illegal discharge is a discharge from a ship that does not meet the relevant International Maritime Organization (IMO) rules, i.e. the standards set in the International Convention for the Prevention of Pollution from Ships (Marpol 73/78). The main objective of the Directive is to incorporate these international standards into EU law and to ensure that those responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate penalties in order to improve maritime safety and to better protect the marine environment from pollution by ships. The Directive sets out an enforcement system where monitoring and verification activities carried out by the Member States lead to penalties on those responsible for infringements. The process is threefold: first, surveillance tools detect a potential discharge from a ship; second, the competent authority decides whether to dispatch a boat or aircraft to check on-scene if the pollution can be confirmed; third, evidence is collected and, if the offender is identified, penalties are applied. Imposing penalties for pollution offences from ships finds its origin in international law. The United Nations Convention on the Law of the Sea (UNCLOS) specifies, among other things, that a State can impose penalties for pollution committed by a foreign vessel in case of major damage to the coastal State or if the flag State in question has repeatedly disregarded its enforcement obligations. EU flag States are also required to impose penalties in line with UNCLOS on their ships if they discharge polluting substances illegally into sea in or outside the EU. The European Green Deal reaffirms the Commission’s ambition to protect its population from environment-related risks and impacts, setting the pathway to a healthy planet for all . This proposal is one of EU’s initiatives aimed at reducing pollution from maritime transport in its seas and is in line with the smart and sustainable mobility strategy 4 and zero-pollution action plan 5 . The Commission carried out the first ex-post evaluation of the Directive in 2022 and found that it successfully contributed to the incorporation of international rules on ship-source pollution into Member State law and improved the detection of pollution from ships. In particular, the Directive was the impetus behind the creation of the CleanSeaNet service - an EU satellite-based oil spill monitoring and vessel detection service managed by the European Maritime Safety Agency (EMSA). However, the evaluation identified a number of shortcomings: (1) the current scope of the Directive does not cover all relevant polluting substances of the international regime e.g. garbage or sewage discharges into sea; (2) information exchange and/or expertise to effectively detect, verify and penalise pollution from ships are irregular across the EU Member States and generally insufficient; (3) there is an unbalanced dissuasive effect of the penalties currently applied across the EU for ship-source pollution; (4) the current reporting by Member States is incomplete and results in a lack of detailed information on ship-source pollution and related penalties imposed across the EU over time. In light of this, offenders discharging polluting substances illegally are not always identified, and rarely penalised. For this reason, a proposal to amend Directive 2005/35/EC has been prepared. The specific objectives of the revision are to: (1) incorporate international standards into EU law by aligning the Directive with Marpol Annexes on discharges into the sea; (2) support Member States by building their capacity to detect pollution incidents, verify, collect evidence and effectively penalise identified offenders in a timely and harmonised manner; (3) ensure that persons (natural and legal) responsible for illegal discharges from ships are subject to effective, proportionate and dissuasive penalties; and (4) ensure simplified and effective reporting on ship-source pollution incidents and follow-up activities. 
Revised version (Article 4 Infringements and exceptions):
2. Each Member State shall take all necessary measures to ensure that any company, or other legal or natural person having committed an infringement within the meaning of paragraph 1 is held liable.
Article 5 Exceptions
1. A discharge of polluting substances into any of the areas referred to in Article 3(1) shall not be regarded as an infringement, if it satisfies the conditions set out in Annex I, Regulations 15, 34, 4,1 or 4,3 or in Annex II, Regulations 13, 3.1.1 or 3.1.3 of Marpol 73/78. 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, if it satisfies the conditions set out in Annex I, Regulation 4,2 or in Annex II, Regulation 3.1.2 of Marpol 73/78.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal This proposal concerns a modification of Directive 2005/35/EC 1 on ship-source pollution and on the introduction of penalties for pollution offences as amended by Directive 2009/123/EC 2 . The policies on preventing pollution from ships were developed between 2000 and 2009, in the wake of two major maritime accidents involving the ships Erika and Prestige, which caused substantial oil spills 3 . Directive 2005/35/EC (hereinafter ‘ SSP Directive ’ or ‘Directive’ ) regulates penalties for illegal discharges of oil and noxious liquid substances from ships into the sea. Not all waste that is generated on ships has to be delivered to ports. Some can be discharged into the sea. An illegal discharge is a discharge from a ship that does not meet the relevant International Maritime Organization (IMO) rules, i.e. the standards set in the International Convention for the Prevention of Pollution from Ships (Marpol 73/78). The main objective of the Directive is to incorporate these international standards into EU law and to ensure that those responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate penalties in order to improve maritime safety and to better protect the marine environment from pollution by ships. The Directive sets out an enforcement system where monitoring and verification activities carried out by the Member States lead to penalties on those responsible for infringements. The process is threefold: first, surveillance tools detect a potential discharge from a ship; second, the competent authority decides whether to dispatch a boat or aircraft to check on-scene if the pollution can be confirmed; third, evidence is collected and, if the offender is identified, penalties are applied. Imposing penalties for pollution offences from ships finds its origin in international law. The United Nations Convention on the Law of the Sea (UNCLOS) specifies, among other things, that a State can impose penalties for pollution committed by a foreign vessel in case of major damage to the coastal State or if the flag State in question has repeatedly disregarded its enforcement obligations. EU flag States are also required to impose penalties in line with UNCLOS on their ships if they discharge polluting substances illegally into sea in or outside the EU. The European Green Deal reaffirms the Commission’s ambition to protect its population from environment-related risks and impacts, setting the pathway to a healthy planet for all . This proposal is one of EU’s initiatives aimed at reducing pollution from maritime transport in its seas and is in line with the smart and sustainable mobility strategy 4 and zero-pollution action plan 5 . The Commission carried out the first ex-post evaluation of the Directive in 2022 and found that it successfully contributed to the incorporation of international rules on ship-source pollution into Member State law and improved the detection of pollution from ships. In particular, the Directive was the impetus behind the creation of the CleanSeaNet service - an EU satellite-based oil spill monitoring and vessel detection service managed by the European Maritime Safety Agency (EMSA). However, the evaluation identified a number of shortcomings: (1) the current scope of the Directive does not cover all relevant polluting substances of the international regime e.g. garbage or sewage discharges into sea; (2) information exchange and/or expertise to effectively detect, verify and penalise pollution from ships are irregular across the EU Member States and generally insufficient; (3) there is an unbalanced dissuasive effect of the penalties currently applied across the EU for ship-source pollution; (4) the current reporting by Member States is incomplete and results in a lack of detailed information on ship-source pollution and related penalties imposed across the EU over time. In light of this, offenders discharging polluting substances illegally are not always identified, and rarely penalised. For this reason, a proposal to amend Directive 2005/35/EC has been prepared. The specific objectives of the revision are to: (1) incorporate international standards into EU law by aligning the Directive with Marpol Annexes on discharges into the sea; (2) support Member States by building their capacity to detect pollution incidents, verify, collect evidence and effectively penalise identified offenders in a timely and harmonised manner; (3) ensure that persons (natural and legal) responsible for illegal discharges from ships are subject to effective, proportionate and dissuasive penalties; and (4) ensure simplified and effective reporting on ship-source pollution incidents and follow-up activities.
Article 5a Criminal offences
1. Member States shall ensure that infringements within the meaning of Articles 4 and 5 are regarded as criminal offences. 2. Paragraph 1 shall not apply to minor cases, where the act committed does not cause deterioration in the quality of water. 3. Repeated minor cases that do not individually but in conjunction result in deterioration in the quality of water shall be regarded as a criminal offence, if committed with intent, recklessly or with serious negligence.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal This proposal concerns a modification of Directive 2005/35/EC 1 on ship-source pollution and on the introduction of penalties for pollution offences as amended by Directive 2009/123/EC 2 . The policies on preventing pollution from ships were developed between 2000 and 2009, in the wake of two major maritime accidents involving the ships Erika and Prestige, which caused substantial oil spills 3 . Directive 2005/35/EC (hereinafter ‘ SSP Directive ’ or ‘Directive’ ) regulates penalties for illegal discharges of oil and noxious liquid substances from ships into the sea. Not all waste that is generated on ships has to be delivered to ports. Some can be discharged into the sea. An illegal discharge is a discharge from a ship that does not meet the relevant International Maritime Organization (IMO) rules, i.e. the standards set in the International Convention for the Prevention of Pollution from Ships (Marpol 73/78). The main objective of the Directive is to incorporate these international standards into EU law and to ensure that those responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate penalties in order to improve maritime safety and to better protect the marine environment from pollution by ships. The Directive sets out an enforcement system where monitoring and verification activities carried out by the Member States lead to penalties on those responsible for infringements. The process is threefold: first, surveillance tools detect a potential discharge from a ship; second, the competent authority decides whether to dispatch a boat or aircraft to check on-scene if the pollution can be confirmed; third, evidence is collected and, if the offender is identified, penalties are applied. Imposing penalties for pollution offences from ships finds its origin in international law. The United Nations Convention on the Law of the Sea (UNCLOS) specifies, among other things, that a State can impose penalties for pollution committed by a foreign vessel in case of major damage to the coastal State or if the flag State in question has repeatedly disregarded its enforcement obligations. EU flag States are also required to impose penalties in line with UNCLOS on their ships if they discharge polluting substances illegally into sea in or outside the EU. The European Green Deal reaffirms the Commission’s ambition to protect its population from environment-related risks and impacts, setting the pathway to a healthy planet for all . This proposal is one of EU’s initiatives aimed at reducing pollution from maritime transport in its seas and is in line with the smart and sustainable mobility strategy 4 and zero-pollution action plan 5 . The Commission carried out the first ex-post evaluation of the Directive in 2022 and found that it successfully contributed to the incorporation of international rules on ship-source pollution into Member State law and improved the detection of pollution from ships. In particular, the Directive was the impetus behind the creation of the CleanSeaNet service - an EU satellite-based oil spill monitoring and vessel detection service managed by the European Maritime Safety Agency (EMSA). However, the evaluation identified a number of shortcomings: (1) the current scope of the Directive does not cover all relevant polluting substances of the international regime e.g. garbage or sewage discharges into sea; (2) information exchange and/or expertise to effectively detect, verify and penalise pollution from ships are irregular across the EU Member States and generally insufficient; (3) there is an unbalanced dissuasive effect of the penalties currently applied across the EU for ship-source pollution; (4) the current reporting by Member States is incomplete and results in a lack of detailed information on ship-source pollution and related penalties imposed across the EU over time. In light of this, offenders discharging polluting substances illegally are not always identified, and rarely penalised. For this reason, a proposal to amend Directive 2005/35/EC has been prepared. The specific objectives of the revision are to: (1) incorporate international standards into EU law by aligning the Directive with Marpol Annexes on discharges into the sea; (2) support Member States by building their capacity to detect pollution incidents, verify, collect evidence and effectively penalise identified offenders in a timely and harmonised manner; (3) ensure that persons (natural and legal) responsible for illegal discharges from ships are subject to effective, proportionate and dissuasive penalties; and (4) ensure simplified and effective reporting on ship-source pollution incidents and follow-up activities.
Article 5b Inciting, aiding and abetting
Member States shall ensure that any act of inciting, or aiding and abetting an offence committed with intent and referred to in Article 5a(1) and (3), is punishable as a criminal offence.
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. 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 competent authorities of that Member State and of the flag State shall be informed.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal This proposal concerns a modification of Directive 2005/35/EC 1 on ship-source pollution and on the introduction of penalties for pollution offences as amended by Directive 2009/123/EC 2 . The policies on preventing pollution from ships were developed between 2000 and 2009, in the wake of two major maritime accidents involving the ships Erika and Prestige, which caused substantial oil spills 3 . Directive 2005/35/EC (hereinafter ‘ SSP Directive ’ or ‘Directive’ ) regulates penalties for illegal discharges of oil and noxious liquid substances from ships into the sea. Not all waste that is generated on ships has to be delivered to ports. Some can be discharged into the sea. An illegal discharge is a discharge from a ship that does not meet the relevant International Maritime Organization (IMO) rules, i.e. the standards set in the International Convention for the Prevention of Pollution from Ships (Marpol 73/78). The main objective of the Directive is to incorporate these international standards into EU law and to ensure that those responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate penalties in order to improve maritime safety and to better protect the marine environment from pollution by ships. The Directive sets out an enforcement system where monitoring and verification activities carried out by the Member States lead to penalties on those responsible for infringements. The process is threefold: first, surveillance tools detect a potential discharge from a ship; second, the competent authority decides whether to dispatch a boat or aircraft to check on-scene if the pollution can be confirmed; third, evidence is collected and, if the offender is identified, penalties are applied. Imposing penalties for pollution offences from ships finds its origin in international law. The United Nations Convention on the Law of the Sea (UNCLOS) specifies, among other things, that a State can impose penalties for pollution committed by a foreign vessel in case of major damage to the coastal State or if the flag State in question has repeatedly disregarded its enforcement obligations. EU flag States are also required to impose penalties in line with UNCLOS on their ships if they discharge polluting substances illegally into sea in or outside the EU. The European Green Deal reaffirms the Commission’s ambition to protect its population from environment-related risks and impacts, setting the pathway to a healthy planet for all . This proposal is one of EU’s initiatives aimed at reducing pollution from maritime transport in its seas and is in line with the smart and sustainable mobility strategy 4 and zero-pollution action plan 5 . The Commission carried out the first ex-post evaluation of the Directive in 2022 and found that it successfully contributed to the incorporation of international rules on ship-source pollution into Member State law and improved the detection of pollution from ships. In particular, the Directive was the impetus behind the creation of the CleanSeaNet service - an EU satellite-based oil spill monitoring and vessel detection service managed by the European Maritime Safety Agency (EMSA). However, the evaluation identified a number of shortcomings: (1) the current scope of the Directive does not cover all relevant polluting substances of the international regime e.g. garbage or sewage discharges into sea; (2) information exchange and/or expertise to effectively detect, verify and penalise pollution from ships are irregular across the EU Member States and generally insufficient; (3) there is an unbalanced dissuasive effect of the penalties currently applied across the EU for ship-source pollution; (4) the current reporting by Member States is incomplete and results in a lack of detailed information on ship-source pollution and related penalties imposed across the EU over time. In light of this, offenders discharging polluting substances illegally are not always identified, and rarely penalised. For this reason, a proposal to amend Directive 2005/35/EC has been prepared. The specific objectives of the revision are to: (1) incorporate international standards into EU law by aligning the Directive with Marpol Annexes on discharges into the sea; (2) support Member States by building their capacity to detect pollution incidents, verify, collect evidence and effectively penalise identified offenders in a timely and harmonised manner; (3) ensure that persons (natural and legal) responsible for illegal discharges from ships are subject to effective, proportionate and dissuasive penalties; and (4) ensure simplified and effective reporting on ship-source pollution incidents and follow-up activities. 
Revised version (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 or other appropriate action, taking into account the relevant guidelines adopted by the IMO, is undertaken in accordance with its national law. 2. In so far as the inspection referred to in paragraph 1 of this Article reveals facts that could indicate an infringement within the meaning of Article 4, the Member State concerned shall apply the provisions of this Directive. The competent authorities of that Member State and of the flag State shall be informed. 3. An indicative list of irregularities or information to be taken into account in the application of paragraph 1 of this Article is provided in Annex I to this Directive.
Article 7 Enforcement measures by coastal States with respect to ships in transit
2. Where there is clear, objective evidence that a ship navigating 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 infringement 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, including detention of the ship, in accordance with its national law. 3. In any event, the authorities of the flag State shall be informed.
Article 8 Penalties
Each Member State shall take the necessary measures to ensure that infringements within the meaning of Articles 4 and 5 are punishable by effective, proportionate and dissuasive penalties.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal This proposal concerns a modification of Directive 2005/35/EC 1 on ship-source pollution and on the introduction of penalties for pollution offences as amended by Directive 2009/123/EC 2 . The policies on preventing pollution from ships were developed between 2000 and 2009, in the wake of two major maritime accidents involving the ships Erika and Prestige, which caused substantial oil spills 3 . Directive 2005/35/EC (hereinafter ‘ SSP Directive ’ or ‘Directive’ ) regulates penalties for illegal discharges of oil and noxious liquid substances from ships into the sea. Not all waste that is generated on ships has to be delivered to ports. Some can be discharged into the sea. An illegal discharge is a discharge from a ship that does not meet the relevant International Maritime Organization (IMO) rules, i.e. the standards set in the International Convention for the Prevention of Pollution from Ships (Marpol 73/78). The main objective of the Directive is to incorporate these international standards into EU law and to ensure that those responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate penalties in order to improve maritime safety and to better protect the marine environment from pollution by ships. The Directive sets out an enforcement system where monitoring and verification activities carried out by the Member States lead to penalties on those responsible for infringements. The process is threefold: first, surveillance tools detect a potential discharge from a ship; second, the competent authority decides whether to dispatch a boat or aircraft to check on-scene if the pollution can be confirmed; third, evidence is collected and, if the offender is identified, penalties are applied. Imposing penalties for pollution offences from ships finds its origin in international law. The United Nations Convention on the Law of the Sea (UNCLOS) specifies, among other things, that a State can impose penalties for pollution committed by a foreign vessel in case of major damage to the coastal State or if the flag State in question has repeatedly disregarded its enforcement obligations. EU flag States are also required to impose penalties in line with UNCLOS on their ships if they discharge polluting substances illegally into sea in or outside the EU. The European Green Deal reaffirms the Commission’s ambition to protect its population from environment-related risks and impacts, setting the pathway to a healthy planet for all . This proposal is one of EU’s initiatives aimed at reducing pollution from maritime transport in its seas and is in line with the smart and sustainable mobility strategy 4 and zero-pollution action plan 5 . The Commission carried out the first ex-post evaluation of the Directive in 2022 and found that it successfully contributed to the incorporation of international rules on ship-source pollution into Member State law and improved the detection of pollution from ships. In particular, the Directive was the impetus behind the creation of the CleanSeaNet service - an EU satellite-based oil spill monitoring and vessel detection service managed by the European Maritime Safety Agency (EMSA). However, the evaluation identified a number of shortcomings: (1) the current scope of the Directive does not cover all relevant polluting substances of the international regime e.g. garbage or sewage discharges into sea; (2) information exchange and/or expertise to effectively detect, verify and penalise pollution from ships are irregular across the EU Member States and generally insufficient; (3) there is an unbalanced dissuasive effect of the penalties currently applied across the EU for ship-source pollution; (4) the current reporting by Member States is incomplete and results in a lack of detailed information on ship-source pollution and related penalties imposed across the EU over time. In light of this, offenders discharging polluting substances illegally are not always identified, and rarely penalised. For this reason, a proposal to amend Directive 2005/35/EC has been prepared. The specific objectives of the revision are to: (1) incorporate international standards into EU law by aligning the Directive with Marpol Annexes on discharges into the sea; (2) support Member States by building their capacity to detect pollution incidents, verify, collect evidence and effectively penalise identified offenders in a timely and harmonised manner; (3) ensure that persons (natural and legal) responsible for illegal discharges from ships are subject to effective, proportionate and dissuasive penalties; and (4) ensure simplified and effective reporting on ship-source pollution incidents and follow-up activities.
Article 8a Penalties against natural persons
Each Member State shall take the necessary measures to ensure that the offences referred to in Article 5a(1), and (3) and Article 5b are punishable by effective, proportionate and dissuasive criminal penalties.
Article 8b Liability of legal persons
2. Each Member State shall also ensure that a legal person can be held liable where lack of supervision or control by a natural person referred to in paragraph 1 has made the commission of a criminal offence referred to in Article 5a(1) and (3) and Article 5b possible for the benefit of that legal person by a natural person under its authority. 3. The liability of a legal person under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons involved as perpetrators, inciters or accessories in the criminal offences referred to in Article 5a(1) and (3) and Article 5b.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal This proposal concerns a modification of Directive 2005/35/EC 1 on ship-source pollution and on the introduction of penalties for pollution offences as amended by Directive 2009/123/EC 2 . The policies on preventing pollution from ships were developed between 2000 and 2009, in the wake of two major maritime accidents involving the ships Erika and Prestige, which caused substantial oil spills 3 . Directive 2005/35/EC (hereinafter ‘ SSP Directive ’ or ‘Directive’ ) regulates penalties for illegal discharges of oil and noxious liquid substances from ships into the sea. Not all waste that is generated on ships has to be delivered to ports. Some can be discharged into the sea. An illegal discharge is a discharge from a ship that does not meet the relevant International Maritime Organization (IMO) rules, i.e. the standards set in the International Convention for the Prevention of Pollution from Ships (Marpol 73/78). The main objective of the Directive is to incorporate these international standards into EU law and to ensure that those responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate penalties in order to improve maritime safety and to better protect the marine environment from pollution by ships. The Directive sets out an enforcement system where monitoring and verification activities carried out by the Member States lead to penalties on those responsible for infringements. The process is threefold: first, surveillance tools detect a potential discharge from a ship; second, the competent authority decides whether to dispatch a boat or aircraft to check on-scene if the pollution can be confirmed; third, evidence is collected and, if the offender is identified, penalties are applied. Imposing penalties for pollution offences from ships finds its origin in international law. The United Nations Convention on the Law of the Sea (UNCLOS) specifies, among other things, that a State can impose penalties for pollution committed by a foreign vessel in case of major damage to the coastal State or if the flag State in question has repeatedly disregarded its enforcement obligations. EU flag States are also required to impose penalties in line with UNCLOS on their ships if they discharge polluting substances illegally into sea in or outside the EU. The European Green Deal reaffirms the Commission’s ambition to protect its population from environment-related risks and impacts, setting the pathway to a healthy planet for all . This proposal is one of EU’s initiatives aimed at reducing pollution from maritime transport in its seas and is in line with the smart and sustainable mobility strategy 4 and zero-pollution action plan 5 . The Commission carried out the first ex-post evaluation of the Directive in 2022 and found that it successfully contributed to the incorporation of international rules on ship-source pollution into Member State law and improved the detection of pollution from ships. In particular, the Directive was the impetus behind the creation of the CleanSeaNet service - an EU satellite-based oil spill monitoring and vessel detection service managed by the European Maritime Safety Agency (EMSA). However, the evaluation identified a number of shortcomings: (1) the current scope of the Directive does not cover all relevant polluting substances of the international regime e.g. garbage or sewage discharges into sea; (2) information exchange and/or expertise to effectively detect, verify and penalise pollution from ships are irregular across the EU Member States and generally insufficient; (3) there is an unbalanced dissuasive effect of the penalties currently applied across the EU for ship-source pollution; (4) the current reporting by Member States is incomplete and results in a lack of detailed information on ship-source pollution and related penalties imposed across the EU over time. In light of this, offenders discharging polluting substances illegally are not always identified, and rarely penalised. For this reason, a proposal to amend Directive 2005/35/EC has been prepared. The specific objectives of the revision are to: (1) incorporate international standards into EU law by aligning the Directive with Marpol Annexes on discharges into the sea; (2) support Member States by building their capacity to detect pollution incidents, verify, collect evidence and effectively penalise identified offenders in a timely and harmonised manner; (3) ensure that persons (natural and legal) responsible for illegal discharges from ships are subject to effective, proportionate and dissuasive penalties; and (4) ensure simplified and effective reporting on ship-source pollution incidents and follow-up activities.
Article 8c Penalties against legal persons
Each Member State shall take the necessary measures to ensure that a legal person held liable pursuant to Article 8b is punishable by effective, proportionate and dissuasive penalties.
Article 9 Compliance with international law
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 10 Accompanying measures
1. For the purposes of this Directive, Member States and the Commission shall cooperate, where appropriate, in close collaboration with the European Maritime Safety Agency and taking account of the action programme to respond to accidental or deliberate marine pollution set up by Decision No 2850/2000/EC ( 7 ) 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 discharging 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.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal This proposal concerns a modification of Directive 2005/35/EC 1 on ship-source pollution and on the introduction of penalties for pollution offences as amended by Directive 2009/123/EC 2 . The policies on preventing pollution from ships were developed between 2000 and 2009, in the wake of two major maritime accidents involving the ships Erika and Prestige, which caused substantial oil spills 3 . Directive 2005/35/EC (hereinafter ‘ SSP Directive ’ or ‘Directive’ ) regulates penalties for illegal discharges of oil and noxious liquid substances from ships into the sea. Not all waste that is generated on ships has to be delivered to ports. Some can be discharged into the sea. An illegal discharge is a discharge from a ship that does not meet the relevant International Maritime Organization (IMO) rules, i.e. the standards set in the International Convention for the Prevention of Pollution from Ships (Marpol 73/78). The main objective of the Directive is to incorporate these international standards into EU law and to ensure that those responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate penalties in order to improve maritime safety and to better protect the marine environment from pollution by ships. The Directive sets out an enforcement system where monitoring and verification activities carried out by the Member States lead to penalties on those responsible for infringements. The process is threefold: first, surveillance tools detect a potential discharge from a ship; second, the competent authority decides whether to dispatch a boat or aircraft to check on-scene if the pollution can be confirmed; third, evidence is collected and, if the offender is identified, penalties are applied. Imposing penalties for pollution offences from ships finds its origin in international law. The United Nations Convention on the Law of the Sea (UNCLOS) specifies, among other things, that a State can impose penalties for pollution committed by a foreign vessel in case of major damage to the coastal State or if the flag State in question has repeatedly disregarded its enforcement obligations. EU flag States are also required to impose penalties in line with UNCLOS on their ships if they discharge polluting substances illegally into sea in or outside the EU. The European Green Deal reaffirms the Commission’s ambition to protect its population from environment-related risks and impacts, setting the pathway to a healthy planet for all . This proposal is one of EU’s initiatives aimed at reducing pollution from maritime transport in its seas and is in line with the smart and sustainable mobility strategy 4 and zero-pollution action plan 5 . The Commission carried out the first ex-post evaluation of the Directive in 2022 and found that it successfully contributed to the incorporation of international rules on ship-source pollution into Member State law and improved the detection of pollution from ships. In particular, the Directive was the impetus behind the creation of the CleanSeaNet service - an EU satellite-based oil spill monitoring and vessel detection service managed by the European Maritime Safety Agency (EMSA). However, the evaluation identified a number of shortcomings: (1) the current scope of the Directive does not cover all relevant polluting substances of the international regime e.g. garbage or sewage discharges into sea; (2) information exchange and/or expertise to effectively detect, verify and penalise pollution from ships are irregular across the EU Member States and generally insufficient; (3) there is an unbalanced dissuasive effect of the penalties currently applied across the EU for ship-source pollution; (4) the current reporting by Member States is incomplete and results in a lack of detailed information on ship-source pollution and related penalties imposed across the EU over time. In light of this, offenders discharging polluting substances illegally are not always identified, and rarely penalised. For this reason, a proposal to amend Directive 2005/35/EC has been prepared. The specific objectives of the revision are to: (1) incorporate international standards into EU law by aligning the Directive with Marpol Annexes on discharges into the sea; (2) support Member States by building their capacity to detect pollution incidents, verify, collect evidence and effectively penalise identified offenders in a timely and harmonised manner; (3) ensure that persons (natural and legal) responsible for illegal discharges from ships are subject to effective, proportionate and dissuasive penalties; and (4) ensure simplified and effective reporting on ship-source pollution incidents and follow-up activities.
Article 11 Feasibility Study
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.
Article 12 Reporting
Every three years, Member States shall transmit a report to the Commission on the application of this Directive by the competent 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.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal This proposal concerns a modification of Directive 2005/35/EC 1 on ship-source pollution and on the introduction of penalties for pollution offences as amended by Directive 2009/123/EC 2 . The policies on preventing pollution from ships were developed between 2000 and 2009, in the wake of two major maritime accidents involving the ships Erika and Prestige, which caused substantial oil spills 3 . Directive 2005/35/EC (hereinafter ‘ SSP Directive ’ or ‘Directive’ ) regulates penalties for illegal discharges of oil and noxious liquid substances from ships into the sea. Not all waste that is generated on ships has to be delivered to ports. Some can be discharged into the sea. An illegal discharge is a discharge from a ship that does not meet the relevant International Maritime Organization (IMO) rules, i.e. the standards set in the International Convention for the Prevention of Pollution from Ships (Marpol 73/78). The main objective of the Directive is to incorporate these international standards into EU law and to ensure that those responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate penalties in order to improve maritime safety and to better protect the marine environment from pollution by ships. The Directive sets out an enforcement system where monitoring and verification activities carried out by the Member States lead to penalties on those responsible for infringements. The process is threefold: first, surveillance tools detect a potential discharge from a ship; second, the competent authority decides whether to dispatch a boat or aircraft to check on-scene if the pollution can be confirmed; third, evidence is collected and, if the offender is identified, penalties are applied. Imposing penalties for pollution offences from ships finds its origin in international law. The United Nations Convention on the Law of the Sea (UNCLOS) specifies, among other things, that a State can impose penalties for pollution committed by a foreign vessel in case of major damage to the coastal State or if the flag State in question has repeatedly disregarded its enforcement obligations. EU flag States are also required to impose penalties in line with UNCLOS on their ships if they discharge polluting substances illegally into sea in or outside the EU. The European Green Deal reaffirms the Commission’s ambition to protect its population from environment-related risks and impacts, setting the pathway to a healthy planet for all . This proposal is one of EU’s initiatives aimed at reducing pollution from maritime transport in its seas and is in line with the smart and sustainable mobility strategy 4 and zero-pollution action plan 5 . The Commission carried out the first ex-post evaluation of the Directive in 2022 and found that it successfully contributed to the incorporation of international rules on ship-source pollution into Member State law and improved the detection of pollution from ships. In particular, the Directive was the impetus behind the creation of the CleanSeaNet service - an EU satellite-based oil spill monitoring and vessel detection service managed by the European Maritime Safety Agency (EMSA). However, the evaluation identified a number of shortcomings: (1) the current scope of the Directive does not cover all relevant polluting substances of the international regime e.g. garbage or sewage discharges into sea; (2) information exchange and/or expertise to effectively detect, verify and penalise pollution from ships are irregular across the EU Member States and generally insufficient; (3) there is an unbalanced dissuasive effect of the penalties currently applied across the EU for ship-source pollution; (4) the current reporting by Member States is incomplete and results in a lack of detailed information on ship-source pollution and related penalties imposed across the EU over time. In light of this, offenders discharging polluting substances illegally are not always identified, and rarely penalised. For this reason, a proposal to amend Directive 2005/35/EC has been prepared. The specific objectives of the revision are to: (1) incorporate international standards into EU law by aligning the Directive with Marpol Annexes on discharges into the sea; (2) support Member States by building their capacity to detect pollution incidents, verify, collect evidence and effectively penalise identified offenders in a timely and harmonised manner; (3) ensure that persons (natural and legal) responsible for illegal discharges from ships are subject to effective, proportionate and dissuasive penalties; and (4) ensure simplified and effective reporting on ship-source pollution incidents and follow-up activities. 
Revised version (Article 10a Reporting):
1. The Commission shall establish an electronic reporting tool, for the purposes of collection and exchange of information between Member States and the Commission on the implementation of the enforcement system provided for by this Directive. 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 referred to in paragraph 2, including specifying the type of information to be reported. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13. 4. Member States shall notify the Commission of the authorities that have access to the electronic reporting tool referred to in paragraph 1.
Article 13 Committee procedure
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 ( 8 ). 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.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal This proposal concerns a modification of Directive 2005/35/EC 1 on ship-source pollution and on the introduction of penalties for pollution offences as amended by Directive 2009/123/EC 2 . The policies on preventing pollution from ships were developed between 2000 and 2009, in the wake of two major maritime accidents involving the ships Erika and Prestige, which caused substantial oil spills 3 . Directive 2005/35/EC (hereinafter ‘ SSP Directive ’ or ‘Directive’ ) regulates penalties for illegal discharges of oil and noxious liquid substances from ships into the sea. Not all waste that is generated on ships has to be delivered to ports. Some can be discharged into the sea. An illegal discharge is a discharge from a ship that does not meet the relevant International Maritime Organization (IMO) rules, i.e. the standards set in the International Convention for the Prevention of Pollution from Ships (Marpol 73/78). The main objective of the Directive is to incorporate these international standards into EU law and to ensure that those responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate penalties in order to improve maritime safety and to better protect the marine environment from pollution by ships. The Directive sets out an enforcement system where monitoring and verification activities carried out by the Member States lead to penalties on those responsible for infringements. The process is threefold: first, surveillance tools detect a potential discharge from a ship; second, the competent authority decides whether to dispatch a boat or aircraft to check on-scene if the pollution can be confirmed; third, evidence is collected and, if the offender is identified, penalties are applied. Imposing penalties for pollution offences from ships finds its origin in international law. The United Nations Convention on the Law of the Sea (UNCLOS) specifies, among other things, that a State can impose penalties for pollution committed by a foreign vessel in case of major damage to the coastal State or if the flag State in question has repeatedly disregarded its enforcement obligations. EU flag States are also required to impose penalties in line with UNCLOS on their ships if they discharge polluting substances illegally into sea in or outside the EU. The European Green Deal reaffirms the Commission’s ambition to protect its population from environment-related risks and impacts, setting the pathway to a healthy planet for all . This proposal is one of EU’s initiatives aimed at reducing pollution from maritime transport in its seas and is in line with the smart and sustainable mobility strategy 4 and zero-pollution action plan 5 . The Commission carried out the first ex-post evaluation of the Directive in 2022 and found that it successfully contributed to the incorporation of international rules on ship-source pollution into Member State law and improved the detection of pollution from ships. In particular, the Directive was the impetus behind the creation of the CleanSeaNet service - an EU satellite-based oil spill monitoring and vessel detection service managed by the European Maritime Safety Agency (EMSA). However, the evaluation identified a number of shortcomings: (1) the current scope of the Directive does not cover all relevant polluting substances of the international regime e.g. garbage or sewage discharges into sea; (2) information exchange and/or expertise to effectively detect, verify and penalise pollution from ships are irregular across the EU Member States and generally insufficient; (3) there is an unbalanced dissuasive effect of the penalties currently applied across the EU for ship-source pollution; (4) the current reporting by Member States is incomplete and results in a lack of detailed information on ship-source pollution and related penalties imposed across the EU over time. In light of this, offenders discharging polluting substances illegally are not always identified, and rarely penalised. For this reason, a proposal to amend Directive 2005/35/EC has been prepared. The specific objectives of the revision are to: (1) incorporate international standards into EU law by aligning the Directive with Marpol Annexes on discharges into the sea; (2) support Member States by building their capacity to detect pollution incidents, verify, collect evidence and effectively penalise identified offenders in a timely and harmonised manner; (3) ensure that persons (natural and legal) responsible for illegal discharges from ships are subject to effective, proportionate and dissuasive penalties; and (4) ensure simplified and effective reporting on ship-source pollution incidents and follow-up activities. 
Revised version (Article 13 Committee procedure):
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 ( 6 ). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council ( *1 ). 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 and Article 5 of Regulation (EC) No 2099/2002 shall apply.
Article 14 Provision of information
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.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal This proposal concerns a modification of Directive 2005/35/EC 1 on ship-source pollution and on the introduction of penalties for pollution offences as amended by Directive 2009/123/EC 2 . The policies on preventing pollution from ships were developed between 2000 and 2009, in the wake of two major maritime accidents involving the ships Erika and Prestige, which caused substantial oil spills 3 . Directive 2005/35/EC (hereinafter ‘ SSP Directive ’ or ‘Directive’ ) regulates penalties for illegal discharges of oil and noxious liquid substances from ships into the sea. Not all waste that is generated on ships has to be delivered to ports. Some can be discharged into the sea. An illegal discharge is a discharge from a ship that does not meet the relevant International Maritime Organization (IMO) rules, i.e. the standards set in the International Convention for the Prevention of Pollution from Ships (Marpol 73/78). The main objective of the Directive is to incorporate these international standards into EU law and to ensure that those responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate penalties in order to improve maritime safety and to better protect the marine environment from pollution by ships. The Directive sets out an enforcement system where monitoring and verification activities carried out by the Member States lead to penalties on those responsible for infringements. The process is threefold: first, surveillance tools detect a potential discharge from a ship; second, the competent authority decides whether to dispatch a boat or aircraft to check on-scene if the pollution can be confirmed; third, evidence is collected and, if the offender is identified, penalties are applied. Imposing penalties for pollution offences from ships finds its origin in international law. The United Nations Convention on the Law of the Sea (UNCLOS) specifies, among other things, that a State can impose penalties for pollution committed by a foreign vessel in case of major damage to the coastal State or if the flag State in question has repeatedly disregarded its enforcement obligations. EU flag States are also required to impose penalties in line with UNCLOS on their ships if they discharge polluting substances illegally into sea in or outside the EU. The European Green Deal reaffirms the Commission’s ambition to protect its population from environment-related risks and impacts, setting the pathway to a healthy planet for all . This proposal is one of EU’s initiatives aimed at reducing pollution from maritime transport in its seas and is in line with the smart and sustainable mobility strategy 4 and zero-pollution action plan 5 . The Commission carried out the first ex-post evaluation of the Directive in 2022 and found that it successfully contributed to the incorporation of international rules on ship-source pollution into Member State law and improved the detection of pollution from ships. In particular, the Directive was the impetus behind the creation of the CleanSeaNet service - an EU satellite-based oil spill monitoring and vessel detection service managed by the European Maritime Safety Agency (EMSA). However, the evaluation identified a number of shortcomings: (1) the current scope of the Directive does not cover all relevant polluting substances of the international regime e.g. garbage or sewage discharges into sea; (2) information exchange and/or expertise to effectively detect, verify and penalise pollution from ships are irregular across the EU Member States and generally insufficient; (3) there is an unbalanced dissuasive effect of the penalties currently applied across the EU for ship-source pollution; (4) the current reporting by Member States is incomplete and results in a lack of detailed information on ship-source pollution and related penalties imposed across the EU over time. In light of this, offenders discharging polluting substances illegally are not always identified, and rarely penalised. For this reason, a proposal to amend Directive 2005/35/EC has been prepared. The specific objectives of the revision are to: (1) incorporate international standards into EU law by aligning the Directive with Marpol Annexes on discharges into the sea; (2) support Member States by building their capacity to detect pollution incidents, verify, collect evidence and effectively penalise identified offenders in a timely and harmonised manner; (3) ensure that persons (natural and legal) responsible for illegal discharges from ships are subject to effective, proportionate and dissuasive penalties; and (4) ensure simplified and effective reporting on ship-source pollution incidents and follow-up activities.
Article 15 Amendment procedure
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.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal This proposal concerns a modification of Directive 2005/35/EC 1 on ship-source pollution and on the introduction of penalties for pollution offences as amended by Directive 2009/123/EC 2 . The policies on preventing pollution from ships were developed between 2000 and 2009, in the wake of two major maritime accidents involving the ships Erika and Prestige, which caused substantial oil spills 3 . Directive 2005/35/EC (hereinafter ‘ SSP Directive ’ or ‘Directive’ ) regulates penalties for illegal discharges of oil and noxious liquid substances from ships into the sea. Not all waste that is generated on ships has to be delivered to ports. Some can be discharged into the sea. An illegal discharge is a discharge from a ship that does not meet the relevant International Maritime Organization (IMO) rules, i.e. the standards set in the International Convention for the Prevention of Pollution from Ships (Marpol 73/78). The main objective of the Directive is to incorporate these international standards into EU law and to ensure that those responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate penalties in order to improve maritime safety and to better protect the marine environment from pollution by ships. The Directive sets out an enforcement system where monitoring and verification activities carried out by the Member States lead to penalties on those responsible for infringements. The process is threefold: first, surveillance tools detect a potential discharge from a ship; second, the competent authority decides whether to dispatch a boat or aircraft to check on-scene if the pollution can be confirmed; third, evidence is collected and, if the offender is identified, penalties are applied. Imposing penalties for pollution offences from ships finds its origin in international law. The United Nations Convention on the Law of the Sea (UNCLOS) specifies, among other things, that a State can impose penalties for pollution committed by a foreign vessel in case of major damage to the coastal State or if the flag State in question has repeatedly disregarded its enforcement obligations. EU flag States are also required to impose penalties in line with UNCLOS on their ships if they discharge polluting substances illegally into sea in or outside the EU. The European Green Deal reaffirms the Commission’s ambition to protect its population from environment-related risks and impacts, setting the pathway to a healthy planet for all . This proposal is one of EU’s initiatives aimed at reducing pollution from maritime transport in its seas and is in line with the smart and sustainable mobility strategy 4 and zero-pollution action plan 5 . The Commission carried out the first ex-post evaluation of the Directive in 2022 and found that it successfully contributed to the incorporation of international rules on ship-source pollution into Member State law and improved the detection of pollution from ships. In particular, the Directive was the impetus behind the creation of the CleanSeaNet service - an EU satellite-based oil spill monitoring and vessel detection service managed by the European Maritime Safety Agency (EMSA). However, the evaluation identified a number of shortcomings: (1) the current scope of the Directive does not cover all relevant polluting substances of the international regime e.g. garbage or sewage discharges into sea; (2) information exchange and/or expertise to effectively detect, verify and penalise pollution from ships are irregular across the EU Member States and generally insufficient; (3) there is an unbalanced dissuasive effect of the penalties currently applied across the EU for ship-source pollution; (4) the current reporting by Member States is incomplete and results in a lack of detailed information on ship-source pollution and related penalties imposed across the EU over time. In light of this, offenders discharging polluting substances illegally are not always identified, and rarely penalised. For this reason, a proposal to amend Directive 2005/35/EC has been prepared. The specific objectives of the revision are to: (1) incorporate international standards into EU law by aligning the Directive with Marpol Annexes on discharges into the sea; (2) support Member States by building their capacity to detect pollution incidents, verify, collect evidence and effectively penalise identified offenders in a timely and harmonised manner; (3) ensure that persons (natural and legal) responsible for illegal discharges from ships are subject to effective, proportionate and dissuasive penalties; and (4) ensure simplified and effective reporting on ship-source pollution incidents and follow-up activities.
Article 16 Implementation
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 April 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 reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal This proposal concerns a modification of Directive 2005/35/EC 1 on ship-source pollution and on the introduction of penalties for pollution offences as amended by Directive 2009/123/EC 2 . The policies on preventing pollution from ships were developed between 2000 and 2009, in the wake of two major maritime accidents involving the ships Erika and Prestige, which caused substantial oil spills 3 . Directive 2005/35/EC (hereinafter ‘ SSP Directive ’ or ‘Directive’ ) regulates penalties for illegal discharges of oil and noxious liquid substances from ships into the sea. Not all waste that is generated on ships has to be delivered to ports. Some can be discharged into the sea. An illegal discharge is a discharge from a ship that does not meet the relevant International Maritime Organization (IMO) rules, i.e. the standards set in the International Convention for the Prevention of Pollution from Ships (Marpol 73/78). The main objective of the Directive is to incorporate these international standards into EU law and to ensure that those responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate penalties in order to improve maritime safety and to better protect the marine environment from pollution by ships. The Directive sets out an enforcement system where monitoring and verification activities carried out by the Member States lead to penalties on those responsible for infringements. The process is threefold: first, surveillance tools detect a potential discharge from a ship; second, the competent authority decides whether to dispatch a boat or aircraft to check on-scene if the pollution can be confirmed; third, evidence is collected and, if the offender is identified, penalties are applied. Imposing penalties for pollution offences from ships finds its origin in international law. The United Nations Convention on the Law of the Sea (UNCLOS) specifies, among other things, that a State can impose penalties for pollution committed by a foreign vessel in case of major damage to the coastal State or if the flag State in question has repeatedly disregarded its enforcement obligations. EU flag States are also required to impose penalties in line with UNCLOS on their ships if they discharge polluting substances illegally into sea in or outside the EU. The European Green Deal reaffirms the Commission’s ambition to protect its population from environment-related risks and impacts, setting the pathway to a healthy planet for all . This proposal is one of EU’s initiatives aimed at reducing pollution from maritime transport in its seas and is in line with the smart and sustainable mobility strategy 4 and zero-pollution action plan 5 . The Commission carried out the first ex-post evaluation of the Directive in 2022 and found that it successfully contributed to the incorporation of international rules on ship-source pollution into Member State law and improved the detection of pollution from ships. In particular, the Directive was the impetus behind the creation of the CleanSeaNet service - an EU satellite-based oil spill monitoring and vessel detection service managed by the European Maritime Safety Agency (EMSA). However, the evaluation identified a number of shortcomings: (1) the current scope of the Directive does not cover all relevant polluting substances of the international regime e.g. garbage or sewage discharges into sea; (2) information exchange and/or expertise to effectively detect, verify and penalise pollution from ships are irregular across the EU Member States and generally insufficient; (3) there is an unbalanced dissuasive effect of the penalties currently applied across the EU for ship-source pollution; (4) the current reporting by Member States is incomplete and results in a lack of detailed information on ship-source pollution and related penalties imposed across the EU over time. In light of this, offenders discharging polluting substances illegally are not always identified, and rarely penalised. For this reason, a proposal to amend Directive 2005/35/EC has been prepared. The specific objectives of the revision are to: (1) incorporate international standards into EU law by aligning the Directive with Marpol Annexes on discharges into the sea; (2) support Member States by building their capacity to detect pollution incidents, verify, collect evidence and effectively penalise identified offenders in a timely and harmonised manner; (3) ensure that persons (natural and legal) responsible for illegal discharges from ships are subject to effective, proportionate and dissuasive penalties; and (4) ensure simplified and effective reporting on ship-source pollution incidents and follow-up activities. 
Revised version (Article 16 Transposition):
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 April 2007 and forthwith inform the Commission thereof. 2. Member States without direct access to the sea or without seaports shall not be obliged to transpose and implement Article 6 and Article 7(2) of this Directive.
Article 17 Entry into force
This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
Article 18 Addressees
This Directive is addressed to the Member States.