EC on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences - Main contents

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dossier	COM(2023)273 - Amendment of Directive 2005/35/EC on ship-source pollution and on the introduction of penalties, including criminal ...
document	COM(2023)273
date	November 27, 2024

ANNEX

ANNEX I

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

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

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

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

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

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

ANNEX II

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

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

(a) date of the incident;

(b) identification of the ship involved in the incident;

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

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

(e) type of pollutant;

(f) Member State(s) involved;

(g) description of the verification activities of the pollution incident;

(h) date and time of the verification activities and the assets used for verification activities;

(i) details of the administrative penalty imposed.

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

(a) number of CleanSeaNet possible pollution incidents detected;

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

(c) number of CleanSeaNet possible pollution incidents verified by other means by the Member State;

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

(e) number of identified offenders;

(f) number of cases where a penalty was imposed.

3. A summary, solely for reference purposes, of relevant parts of Marpol 73/78, which shall be updated whenever there are changes to Marpol 73/78 relevant to this Directive. ¹^{2 3 4}

16/16

ELI: http://data.europa.eu/eli/dir/2024/3101/oj

¹

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

²

Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116).

³

Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 2016 relating to a reduction in the sulphur content of certain liquid fuels (OJ L 132, 21.5.2016, p. 58).

⁴

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