Directive 2009/123 - Amendment of Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements - Main contents
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official title
Directive 2009/123/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2009/123 |
| Original proposal | COM(2008)134  |
| CELEX number i | 32009L0123 |
| Document | 21-10-2009 |
|---|---|
| Publication in Official Journal | 27-10-2009; OJ L 280, 27.10.2009,Special edition in Croatian: Chapter 15 Volume 028 |
| Effect | 16-11-2009; Entry into force Date pub. + 20 See Art 3 |
| End of validity | 19-05-2024; Partial replacement See 32024L1203 Art. 27 31-12-9999 |
| Transposition | 16-11-2010; At the latest |
27.10.2009 |
EN |
Official Journal of the European Union |
L 280/52 |
DIRECTIVE 2009/123/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 21 October 2009
amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, 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) |
The purpose of Directive 2005/35/EC (3) and of this Directive is to approximate the definition of ship-source pollution offences committed by natural or legal persons, the scope of their liability and the criminal nature of penalties that can be imposed for such criminal offences by natural persons. |
(2) |
On 23 October 2007 the Court of Justice of the European Communities annulled (4) 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 pollution (5), which had supplemented Directive 2005/35/EC with criminal-law measures. This Directive should fill the legal vacuum following the judgment. |
(3) |
Criminal penalties, which demonstrate social disapproval of a different nature than administrative sanctions, strengthen compliance with the legislation on ship-source pollution in force and should be sufficiently severe to dissuade all potential polluters from any violation thereof. |
(4) |
A consistent set of legislative measures has already been adopted at EU level to reinforce maritime safety and help prevent ship-source pollution. The legislation in question is addressed to flag States, ship owners and charterers, classification societies, port States and coastal States. The existing system of sanctions for illicit ship-source discharges of polluting substances, supplementing that legislation, needs to be further strengthened by the introduction of criminal penalties. |
(5) |
Common rules on criminal penalties make it possible to use more effective methods of investigation and effective cooperation within and between Member States. |
(6) |
The Member States should also apply effective, proportionate and dissuasive penalties to legal persons throughout the Community because frequently ship-source pollution offences are committed in the interest of legal persons or for their benefit. |
(7) |
The applicability of Directive 2005/35/EC should not be subject to exceptions other than those set out in this Directive. Therefore, certain categories of natural and legal persons, such as cargo owners or classification societies should be included in the scope of that Directive. |
(8) |
This Directive should oblige Member States to provide in their national legislation for criminal penalties in respect of those discharges of polluting substances to which this Directive applies. This Directive should not create obligations regarding the application of such penalties or any other available system of law enforcement, to individual cases. |
(9) |
Under this Directive, illicit ship-source discharges of polluting substances should be regarded as a criminal offence as long as they have been committed with intent, recklessly or with serious negligence and result in deterioration in the quality of water. Less serious cases of illicit ship-source discharges of polluting substances that do not cause deterioration in the quality of water need not be regarded as criminal offences. Under this Directive such... |
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