39 Amendments of Jutta PAULUS related to 2023/0171(COD)
Amendment 13 #
Proposal for a directive
Recital 6
Recital 6
(6) Marpol 73/78 includes emissions from ships in the definition of discharges in Article 2 thereof. Annex VI to Marpol 73/78 addresses the prevention of air pollution from ships. Annex VI and the corresponding IMO guidelines on Exhaust Gas Cleaning Systems (EGCS) (Resolution MEPC.340 (77)) allow for the use of EGCS by ships of as an alternative compliance method to reduce sulphur oxide (SOx) emissions. Annex VI regulate the residue and discharge water from EGCS, either by prohibiting their discharge at sea and requiring their delivery to adequate port reception facilities (in the case of EGCS residue from close loops systems) or regulating the conditions for their discharge (in the case of discharge water from open loop systems). Directive (EU) 2016/802 of the European Parliament and of the Council21 transposes international SOx standards in Union law, while Directive (EU) 2019/883 ensures that EGCS residue is delivered in port reception facilities. Since EGCS residue and discharge water may cause pollution to the marine environment, the penalties provided under Directive 2005/35/EC should apply in case of illegal discharges. For those reasons, the scope of Directive 2005/35/EC should be extended to EGCS residue and discharge water, taking into account the guidelines developed by the IMO, without prejudice to the provisions of Directive (EU) 2016/802 setting out any stricter discharge norms and penalties therefor, with the particular aim to phase out open loop scrubbers. _________________ 21 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 (codification) (OJ L 132, 21.5.2016, p. 58).
Amendment 14 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) This revision of Directive 2005/35/EC as amended by Directive 2009/123/EC should not simply act as a reminder of Member States' obligations in relation to Marpol 73/78 and facilitating their cross-border enforcement, but also as a step beyond in order to position the Union at the forefront of the global efforts to minimise ship-source pollution. Therefore, additional requirements should be established in relation to air pollution, such as black carbon, NOx, and underwater noise, among others, as well as more stringent obligation related to EGCS that dissuade the use of open loop scrubbers.
Amendment 16 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) This Directive should apply to all ships in respect of release of polluting substances during their voyages from their last port of call to a port of call under the jurisdiction of a Member State, and from a port of call under the jurisdiction of a Member State to their next port of call, as well as within ports of call under the jurisdiction of a Member State.
Amendment 17 #
Proposal for a directive
Recital 9
Recital 9
(9) The penalties provisioned by Directive 2005/35/EC should be strengthened by ensuring consistent application of administrative penalties throughout the Union. To strengthen the deterrent effect of penalties imposed for ship-source pollution offences, such penalties should take at least the form of fines primarily imposed to the company of the ship, unless the company can prove that the master of the ship or a member or members of the crew, the latter not acting under the responsibility of the master, was responsible for the discharge. In this context, the company of ship 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, in alignment with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (‘ISM Code’)24 , implemented in Union law by virtue of Regulation (EC) No 336/2006 of the European Parliament and of the Council25 . Directive 2005/35/EC should recognise that the management of the ship could be delegated by the registered owner to a different entity, which should then be held in the first place responsible for not implementing its obligations under the ISM Code to ensure the avoidance of damage to the environment or the assignment of shipboard operations to qualified personnel. _________________ 24 International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organisation by Assembly Resolution A.741(18) of 4 November 1993, as amended. 25 Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (Text with EEA relevance) (OJ L 64, 4.3.2006, p.1).
Amendment 19 #
Proposal for a directive
Recital 10
Recital 10
(10) National administrative and judicial authorities should take into account all relevant circumstances, including recidivism, when determining the level of penalties to be imposed to the polluter. Taking into account the diverse nature of polluting substances covered under Directive 2005/35/EC and the importance of consistent application of penalties across the Union in light of the cross-border nature of the regulated behaviour, further approximation and effectiveness of penalty levels should be fostered through the establishment of concrete criteria for the application of penalties for discharges of different polluting substances. In order to ensure the uniform conditions for the application of penalties, implementing powers should be conferred to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 . The examination procedure should be used for the adoption of these implementing acts. _________________ 26 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 20 #
Proposal for a directive
Recital 11
Recital 11
(11) When a Member State suspects that a ship which is voluntarily within its port or at an off-shore terminal committed an illegal discharge, an appropriate inspection should take place to establish the circumstances. In order to assist Member States with their obligations under Directive 2005/35/EC to inspect such ships, Annex I to Directive 2005/35/EC provides an non-exhaustive indicative list of irregularities or information that should be taken into account by competent authorities on a case-by-case basis when determining whether a ship should be considered suspect.
Amendment 23 #
Proposal for a directive
Recital 13
Recital 13
(13) The existing satellite-based service ‘CleanSeaNet’ which notifies Member States authorities on potential illegal discharges, should be further enhanced to include information on the additional polluting substances under the scope of Directive 2005/35/EC. Information relating to potential or actual discharges reported by Member States in accordance with Directive 2005/35/EC and to other Union maritime safety databases, such as the Union Maritime Information and Exchange System established by Directive 2002/59/EC of the European Parliament and of the Council27 (‘SafeSeaNet’) and the Inspection Database set up by Directive 2009/16/EC of the European Parliament and of the Council28 (‘THETIS’) should be integrated and disseminated in a user- friendly electronic format to the national authorities involved in the enforcement chain in order to facilitate their timely response. Such information, when relating to an actual or potential discharge of Exhaust Gas Cleaning System residue from a ship, should further be automatically disseminated to the dedicated module of THETIS set up by under Commission Implementing Decision 2015/253 (‘THETIS-EU’), in order to assist Member States with enforcement actions undertaken in accordance with the provisions of Directive (EU) 2016/802. In order to ensure the effective monitoring of the Directive’s implementation by all Member States, a verification rate of 160% per year of the alerts sent by CleanSeaNet should be ensured by each Member State within the first three years form the transposition of this Directive. Access to this information should be granted to the authorities of other Member States having an interest in it under their roles as port States of the next port of call, coastal States affected by the potential discharge or flag States of the ship in order to facilitate effective and timely cross-border cooperation, minimise the administrative burden of enforcement activities and ultimately effectively penalise offenders for infringements of Directive 2005/35/EC. _________________ 27 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). 28 Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ L 131, 28.5.2009, p. 57).
Amendment 31 #
Proposal for a directive
Recital 16
Recital 16
(16) Member States should report to the Commission the information needed to ensure a proper monitoring of the implementation of Directive 2005/35/EC in a disaggregated way, enabling the proper identification of each concerned ship and the related infringements. In order to limit administrative burden and assist the Commission in analysing the data provided by Member States, such information should be reported by Member States through a dedicated electronic reporting tool. To the extent that such information relates to penalties imposed to or involving natural persons, such information shall be anonymised. In order to ensure that information reported in accordance with Directive 2005/35/EC is comparable in type among Member States and collected on the basis of a harmonised electronic format and procedure for reporting, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Amendment 34 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to assist Member States with the development of their capacities regarding effective enforcement of Directive 2005/35/EC by the national administrative and judicial authorities, the Commission should provide Member States with guidance and training relating to, inter alia, best methods and practices for detection, verification and evidence collection, including source protection, as well as guidance on relevant regulatory developments of Marpol 73/78 and on technological developments available, including new digital tools, in order to facilitate effective, cost-efficient and targeted enforcement activities.
Amendment 37 #
Proposal for a directive
Recital 18
Recital 18
(18) In order to increase public awareness in ship-source pollution discharges and improve environmental protection, information provided by the Member States on the application of Directive 2005/35/EC should be made publicly available in a disaggregated form available through a Union-wide overview and include the information listed in Annex II of Directive 2005/35/EC. Directive 2003/4/EC of the European Parliament and of the Council30 aims to guarantee the right of access to environmental information in the Member States in line with the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention), to which the Union is a party. The Commission should protect the confidentiality of information received by Member States, without prejudice to the provisions of Directive 2003/4/EC. _________________ 30 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
Amendment 40 #
Proposal for a directive
Recital 19
Recital 19
(19) Directive (EU) 2019/1937 of the European Parliament and of the Council31 lays down minimum standards on reporting of breaches of Union law, including of Directive 2005/35/EC and for the protection of persons reporting such breaches. Member States should ensure, in particular, that crew under the scope of Directive (EU) 2019/1937 reporting actual or potential illegal discharges are granted protection, adequate support and material means, where necessary. In addition to the existing reporting channels provided at national level as regulated under Directive (EU)2019/1937, the Commission should make available a centralised online external reporting channel for reporting actual or potential illegal discharges and relay such reports to the Member State or Member States concerned, which should subsequently handle these reports in accordance with Directive (EU) 2019/1937, including with regards to acknowledgement of receipt, adequate feedback and follow-up. The Commission should ensure the protection of the confidentiality of the identity of reporting persons, including, where necessary, by restricting the exercise of certain data protection rights of persons concerned, such as of individuals included in the report as participating in the potential illegal discharge, in line with Article 25(1) points (c) and (h) and Article 25(2) of Regulation (EU) 2018/1725 of the European Parliament and of the Council32 , to the extent and as long as necessary to prevent and address attempts to hinder reporting or to impede, frustrate or slow down follow-up, in particular investigations, or attempts to find out the identity of the reporting persons. _________________ 31 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17). 32 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (Text with EEA relevance) (OJ L 295, 21.11.2018, p. 39).
Amendment 43 #
Proposal for a directive
Recital 21
Recital 21
(21) Discussions are ongoing at the IMO regarding new environmental issues in relation to international shipping, resulting in both water and air pollution. These include the water pollutants of marine litter, such as the loss of containers and plastic pellets, and underwater noise and air pollutants such as black carbon. These discussions may result in new regulations under Marpol 73/78. Moreover, Directive 2008/56/EC of the European parliament and of the Council34 requires Member States to achieve good environmental status in the marine environment, which includes, amongst others, marine litter and underwater noise from ships as qualitative descriptors. Relatedly, Directive (EU) 2023/xxxx35 sets limit values for nitrogen dioxide (NO2) resulting from nitrogen oxide (NOx) emissions. Shipping activities contribute to higher NO2 levels in coastal and port areas. Against this background, a future review of Directive 2005/35/EC should take into account these new developments and the Commission should examine the possibility ofbe empowered to dynamically modifying the scope of this Directive, if appropriate, in view of any new international standards under Marpol 73/78. A future review should assess the possibility of modifying the scopeNonetheless, already the current revision of Directive 2005/35/EC, if appropriate, to should incorporate SOx and NOx emissions, as regulated in Annex VI to Marpol, based on the experience gained in implementing the Directive (EU) 2016/802 and on the development and maturity of monitoring and detecting SOx and NOx emissions from ships, with a view to ensure a coherent, efficient and effective enforcement regime, as well as the imposition of dissuasive penalties therefor, in line with the Zero Pollution Action Plan and, in particular, Flagship 5 thereof ‘Enforcing zero pollution together’. _________________ 34 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (Text with EEA relevance) (OJ L 164, 25.6.2008, p. 19). 35 OJ L xxxx.
Amendment 45 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) The use of open loop scrubbers and their polluting discharge into maritime waters is against article 195 on Law of the Sea (UNCLOS). As such, this revision of Directive 2005/35/EC already needs to incorporate the use of such technology, together with other illegal discharges of wash water from Exhaust Gas Cleaning Systems, as an infringement within its scope.
Amendment 46 #
Proposal for a directive
Recital 21 b (new)
Recital 21 b (new)
(21b) Black carbon (soot) represents 21% of shipping's climate impact, and the ultra fine PM has severe impacts on human health. Moreover, in line with the joint interinstitutional declaration JOIN/2021/27, tackling black carbon is essential in order to ensure the protection of the Arctic region. Therefore, all those emissions should already be included within the scope of this revision of Directive 2005/35/EC.
Amendment 47 #
Proposal for a directive
Recital 21 c (new)
Recital 21 c (new)
(21c) This revision should also ensure particular attention to the infringements related to the procedures of tank washings, with regard to Annex II Marpol 73/78 and in observation of its Regulation 13.7.1.4 requirements in terms of pre- washing, as well as to the frequent discharge of plastic pellets or microbeads, with regard to Annex III Marpol 73/78, and all other sorts of marine litter, beyond Annex V Marpol 73/78, as well as already set a framework for potential infringements in terms of excessive underwater noise, with proven detrimental effects to marine life, particularly for certain species of cetaceans.
Amendment 50 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/35/EC
Title
Title
Directive of the European Parliament and of the Council on the enforcement of international and EU standards on pollution from ships and on the introduction of penalties for pollution offences;
Amendment 52 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/35/EC
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Directive is to cover and reduce all ship-source pollution, such as container loss at sea, open-loop scrubber discharge, black carbon and underwater noise and to incorporate into Union law international standards on pollution from ships, as well as other relevant Union standards, and to ensure that persons and companies responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate administrative penalties in order to improve maritime safety and to enhance protection of the marine environment from pollution by ships.
Amendment 55 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/35/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive does not prevent Member States from taking more stringent measures in conformity with the Union and international law, by providing for administrative or criminal penalties in accordance with their national law.';
Amendment 56 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2005/35/EC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. ‘polluting substances’ means substances subject to regulation by Marpol 73/78 Annexes I (oil), II (noxious liquid substances in bulk), III (harmful substances carried by sea in packaged form), IV (sewage from ships), V (garbage from ships) and Exhaust Gas Cleaning System residueall Annexes of Marpol 73/78, as well as direct or indirect introduction of other substances, mixtures and objects into the marine environment or ambient air, as a result of human activity. This includes containers, microbeads and pellets, and human-induced marine underwater noise, which results or is likely to result in deleterious effects such as harm to living resources and marine ecosystems, including loss of biodiversity, hazards to human health, the hindering of marine activities, including fishing, tourism and recreation and other legitimate uses of the sea, impairment of the quality for use of sea water and reduction of amenities or, in general, impairment of the sustainable use of marine goods and services;
Amendment 67 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2005/35/EC
Article 3
Article 3
Amendment 68 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2005/35/EC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that discharges of polluting substances, including minor cases of such discharges, into any of the areas set out in Article 3(1) are regarded as infringements, unless:
Amendment 69 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2005/35/EC
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) for polluting substances subject to regulation by Annex III to Marpol 73/78, including plastic microbeads or pellets, it satisfies the conditions set out in Annex III Regulation 8.1 to Marpol 73/78;
Amendment 71 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2005/35/EC
Article 4 – paragraph 1 – point f a
Article 4 – paragraph 1 – point f a
(fa) for other pollutant substance subject to regulation by Annex VI to Marpol 73/78, such as nitrogen oxides, it satisfies the conditions set out in Annex VI Regulations 13.1 (b) to Marpol 73/78.
Amendment 72 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2005/35/EC
Article 4 – paragraph 1 a
Article 4 – paragraph 1 a
1a. Member States shall ensure that for ships under European flag, discharges of other pollutants already addressed under MARPOL into any of the areas set out in Article 3(1) are regarded as infringements, in accordance to the related IMO requirements, as well as excessive pollution covered by relevant Union standards, such as the Marine Strategy Framework Directive are also regarded as infringements, particularly relating to: (a) marine litter; (b) SOx; (c) NOx; (d) black carbon, as set on MEPC. 342(77); (e) methane; (f) N2O; (g) PM; (h) scrubber wastewater discharges; (i) underwater noise; (j) plastic microbeads or pellets.
Amendment 75 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/35/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A discharge of polluting substances subject to regulation by Annexes I, II and VII to Marpol 73/78 into the areas set out in Article 3(1) points (c), (d) and (e) shall not be regarded as an infringement for the company, the master or the crew, if both of the following conditions are fulfilled:
Amendment 79 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2005/35/EC
Article 3
Article 3
2. Member States shall ensure that penalties introduced in transposition of this Directive include fines which are imposed to the company at the time of the infringement, unless. If the company can prove that the master or, if not acting under the responsibility of the master, the crew was responsible for the infringement, the company is entitled to sue the responsible person(s) for damages.
Amendment 81 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2005/35/EC
Article 3
Article 3
Amendment 84 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2005/35/EC
Article 8 d – paragraph 1
Article 8 d – paragraph 1
1. Member States shall ensure that, when determining and applying the type and level of administrative penalty to a natural or legal personthe company found by competent authorities to be responsible for an infringement within the meaning of Articles 4 and 5(2), the competent authorities take into account all relevant circumstances of the infringement, including:
Amendment 85 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2005/35/EC
Article 8 d – paragraph 1 – point d
Article 8 d – paragraph 1 – point d
(d) the financial strength of the responsible personcompany, taking into account, as appropriate, the annual world-wide turnover of the responsible legal person;
Amendment 88 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2005/35/EC
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) within three years from the date of transposition of this Directive, ensure that competent authorities verify at least 160% of the alerts sent by CleanSeaNet every year.
Amendment 94 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2005/35/EC
Article 10 a – paragraph 2 a (new)
Article 10 a – paragraph 2 a (new)
2a. Member States shall report specifically and separately incidents involving excessive underwater noise, in relation to the measurement standards set by ISO 17208/2:2019.
Amendment 101 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2005/35/EC
Article 10 c – paragraph 1
Article 10 c – paragraph 1
1. Based on information reported by Member States in accordance with Article 10a, the Commission shall make publicly available a regularly updated and fully disaggregatable Union-wide overview on the implementation and enforcement of this Directive. The overview shall include the information listed in Annex II to this Directive.
Amendment 103 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2005/35/EC
Article 10 c – paragraph 2
Article 10 c – paragraph 2
2. Without prejudice to Directive 2003/4/EC39 , the Commission shall take appropriate measures to protect the confidentiality of parts of certain information obtained in implementation of this Directive. _________________ 39 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
Amendment 106 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2005/35/EC
Article 12 a – paragraph 1 – point a
Article 12 a – paragraph 1 – point a
(a) the experience gathered from the implementation of this Directive and other relevant EU legislation, such as the Marine Strategy Framework Directive or the ambient air quality directive; and
Amendment 109 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2005/35/EC
Article 12 a – paragraph 1 – point b
Article 12 a – paragraph 1 – point b
(b) the information reported by Member States pursuant to Article 10a and the Union wide overview provided in accordance with Article 10c and the fulfilment of the Union’s commitments.
Amendment 112 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2005/35/EC
Article 12 a – paragraph 1 – point b a (new)
Article 12 a – paragraph 1 – point b a (new)
(ba) latest scientific findings;
Amendment 114 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2005/35/EC
Article 12 a – paragraph 1 – point b b (new)
Article 12 a – paragraph 1 – point b b (new)
(bb) where a Member State identifies an issue, which has an impact on the environmental status of its marine waters and which cannot be tackled by measures adopted at national level, or which is linked to another Community policy or international agreement, it shall inform the Commission accordingly and provide a justification to substantiate its view. The Commission shall respond within a period of six months;
Amendment 120 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2005/35/EC
Article 12 a – paragraph 2
Article 12 a – paragraph 2
2. As part of the review, the Commission shall assess the possibility of modifying the scope of this Directive, if appropriate, in view of among other elements the international standards for the prevention of air pollution from ships subject to regulation by Marpol 73/78, notably sulphur oxide and nitrogen oxide emissions from ships, as well as in view of other standards regulating discharges from ships which have been made subject to regulation by Marpol 73/78, such as black carbon, marine litter, container lossincluding from sources other than ships, container loss beyond those containers already covered by Marpol Annex III, loss of plastic pellets and underwater noise.
Amendment 122 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
2a. The Commission is empowered to adopt delegated acts for the sole purpose of updating without undue delay the definition of “polluting substances” within this directive, in case the definition of “polluting substances” changes in the IMO conventions and/or other relevant EU legislation. Any of these delegated acts shall be exempted from the obligations laid down in the Better Regulation Guidelines.