36 Amendments of Pierre KARLESKIND related to 2023/0171(COD)
Amendment 11 #
Proposal for a directive
Recital 1
Recital 1
(1) The Union's maritime policy is aimed at a high level of safety and environmental protection. This can be achieved through compliance with international conventions, codes and resolutions while maintaining the freedom of navigation as provided for by the United Nations Convention on the Law of the Sea. In this regard, it shall be recalled that the ocean should be recognised at an international level as a global common and should be protected in the light of its uniqueness and interconnectedness and the essential ecosystem services that it provides, on which current and future generations depend for their survival and well-being.
Amendment 13 #
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) It is also of importance that actions to effectively recover released polluting materials and waste are supported. Fishers, aquaculture producers and their organisations are already working to collect waste including fishing gear lost or abandoned at sea and 'ghost gear' which represents a threat to all marine activities and ecosystems worldwide. These efforts cannot be expected to happen without a compensation mechanism tailored to these efforts. Whereas in the EU, an estimated 20% of fishing gear is lost at sea, accounting for nearly a third of marine litter in European seas18a and only 1,5% of worn out fishing gear get recycled18b, there is an urgent need to improve collection, recycling and repair of all fishing gear and therefore support is needed. In this regard, the Member States should exchange best practices and report on their different actions to recover and prevent the release of polluting materials and waste. _________________ 18a 'Circular economy: From abandoned fishing nets to sustainable clothing', European Commission. 18b 'Lost fishing gear: a trap for our ocean', European Commission.
Amendment 14 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Regulation (EC) No 1224/2009 includes reporting obligations on lost gears which Member States should transmit to the Commission. The Commission should use this information already received when evaluating the implementation of this Directive and the state of the Union in this regard.
Amendment 15 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Regulation No 1224/2009 makes illegally disposing of a fishing gear or gear at sea from a fishing vessel a serious infringement under that Regulation provided that specific criteria has been met. For such infringements there are obligations under Regulation (EC) No 1224/2009 for Member States to have appropriate administrative or criminal sanctions that are effective, proportionate and dissuasive.
Amendment 19 #
Proposal for a directive
Recital 10
Recital 10
(10) National administrative and judicial authorities should take into account all relevant circumstances 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 tha level playing field and broad support across Member States for the administrative and judicial actions to be taken it is important to ensure as uniform as possible application of the penalties. In order to ensure these 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 22 #
Proposal for a directive
Recital 12
Recital 12
(12) The accompanying measures for cooperation and the reporting obligations of Member States have not been sufficient until now to allow a complete analysis whether polluters face effective, dissuasive and proportionate penalties and that adequate data is made available to the Commission to monitor the implementation of Directive 2005/35/EC. In order to ensure the effective and consistent enforcement of Directive 2005/35/EC, exchange of information and experien, experience and best practices should be facilitated through enhanced cooperation, while at the same time ensuring that adequate data are made available to the Commission in order to allow the proper monitoring of the implementation of Directive 2005/35/EC.
Amendment 22 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Regulation (EU) 2021/1139 of the European Parliament and of the Council includes possibility for Member States to support actions to improve the eco-design of fishing gear as well as supporting actions for prevention and recovery of marine waste.
Amendment 25 #
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 facilitate and 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 150% 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 27 #
Proposal for a directive
Recital 14
Recital 14
(14) The Sub-group on Waste from Ships, which was set up under the European Sustainable Shipping Forum, and which brought together a wide range of experts in the field of ship-source pollution and the management of waste from ships, was adjourned in December 2017 in view of the start of interinstitutional negotiations of Directive (EU) 2019/883. Since that temporary Sub-group provided valuable guidance and expertise to the Commission, a similar expert group should be created with a mandate of exchanging experience on the application of this Directive in order to assist Member States in building their capacity to prevent, detect and verify pollution incidents and ensure the effective enforcement of Directive 2005/35/EC.
Amendment 27 #
Proposal for a directive
Recital 14
Recital 14
(14) The Sub-group on Waste from Ships, which was set up under the European Sustainable Shipping Forum, and which brought together a wide range of experts in the field of ship-source pollution and the management of waste from ships, was adjourned in December 2017 in view of the start of interinstitutional negotiations of Directive (EU) 2019/883. Since that temporary Sub-group provided valuable guidance and expertise to the Commission, a similar expert group should be created with a mandate of exchanging experience on the application of this Directive in order to assist Member States in building their capacity to detect and verify pollution incidents and ensure the effective enforcement of Directive 2005/35/EC. It is also of importance to include all relevant stakeholders in these sub-groups, including the fisheries sector.
Amendment 28 #
Proposal for a directive
Recital 15
Recital 15
(15) The European Maritime Safety Agency (‘EMSA’) established by Regulation (EU) xxxx/xxxx29 should provide the necessary support to the Commission to ensure the implementation of this Directive including the reporting of container loss. _________________ 29 OJ L xxxx.
Amendment 28 #
Proposal for a directive
Recital 15
Recital 15
(15) The European Maritime Safety Agency (‘EMSA’) established by Regulation (EU) xxxx/xxxx29 should provide the necessary support to the Commission to ensure the implementation of this Directive. The Commission should also utilize the data gathered by EFCA, where appropriate, especially in relation to lost fishing gear. _________________ 29 OJ L xxxx.
Amendment 29 #
Proposal for a directive
Recital 15
Recital 15
(15) The European Maritime Safety Agency (‘EMSA’) established by Regulation (EU) xxxx/xxxx29 should provide the necessary support to the Commission and relevant Member State authorities to ensure the implementation of this Directive. _________________ 29 OJ L xxxx.
Amendment 30 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Container loss reporting in Europe should improve data and knowledge on ocean container pollution to inform future international, European and national initiatives to reduce it.
Amendment 33 #
(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 and the European Maritime Safety Agency should provide Member States with guidance and training relating to, inter alia, best methods and practices for detection, verification and evidence collection, 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 43 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2005/35/EC
Article 8d – paragraph 1a
Article 8d – paragraph 1a
1a. Member States shall take into account obligations stemming from other Union acts such as Regulation (EC) No 1224/2009 on Fisheries Control when implementing the obligations under paragraph 1.
Amendment 47 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2005/35/EC
Article 10c – paragraph 1
Article 10c – paragraph 1
1. Based on information reported by Member States in accordance with Article 10a as well as relevant information received under other Union acts, such as Regulation (EC) No 1224/2009 in relation to lost fishing gear, the Commission shall make publicly available a regularly updated 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 49 #
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 ship-source pollution and the enforcement of international standards on pollution from ships and on the introduction of penalties for pollution offences;
Amendment 51 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2005/35/EC
Article 12a – paragraph ba
Article 12a – paragraph ba
(ba) relevant information gathered under other Union acts, such as Regulation (EC) No 1224/2009.
Amendment 53 #
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 incorporate into Union law international standards on pollution from shipsfor ship-source pollution into Union law and to ensure that persons responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate administratand are subject to adequate and dissuasive penalties in order to improve maritime safety and to enhance protection of the marine environment from pollution by ships.
Amendment 53 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2005/35/EC
Article 12a – paragraph 2a
Article 12a – paragraph 2a
2a. The Commission shall also compile the information Member States have submitted pursuant to Article 10a paragraph 2a and assess weather further actions on EU-level is needed and present, as appropriate, proposals to that effect.
Amendment 54 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
2005/35/EC
Article 1 – paragraph 1 a
Article 1 – paragraph 1 a
1a. The present Directive also aims to introduce new reporting obligations on the loss of containers at sea in order to obtain reliable data and ultimately reduce ship-source pollution.
Amendment 59 #
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 residuein their up-to-date version;
Amendment 60 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2005/35/EC
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. 'pollution' means pollution as defined in Article 3 paragraph 8 of Directive (EU) 2008/56/EC;
Amendment 62 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2005/35/EC
Article 2 – paragraph 3
Article 2 – paragraph 3
3. ‘Exhaust Gas Cleaning System residue’ shall mean any material removed from the washwater or the bleed-off water by a treatment system or discharge water that does not meet the discharge criterion set out in relevant IMO guidelines, or other residue material removed from the exhaust gas cleaning system discharged overboard as a result of the operation of a compliance method for emissions reductions, as defined in Annex VI Regulation 4 to Marpol 73/78, used as an alternative in terms of emissions reductions to the standards set forth in Regulation 14 of Annex VI to Marpol 73/78, taking into account the guidelines developed by the IMO;
Amendment 64 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2005/35/EC
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 66 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2005/35/EC
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. ‘discharge’ shall mean any release howsoever caused from a ship, as referred to in Article 2 of Marpol 73/78;
Amendment 83 #
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. In order to ensure that the penalties are effective, proportionate and dissuasive, Member States shall ensure that, when determining and applying the type and level of administrative penalty to a natural or legal person 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 91 #
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 150% of the alerts sent by CleanSeaNet every year.
Amendment 96 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2005/35/EC
Article 10
Article 10
The Commission and the European Maritime Safety Agency shall facilitate the development of capacities of Member States by providing, as appropriate, training to the authorities responsible for the detection, verification and enforcement of infringements under the scope of this Directive.
Amendment 104 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
(15a) Article 10e Reporting of container loss 1. Member States shall require companies to report on a yearly basis on all the losses of containers which occurred when the vessel’s route was in European waters as defined in Article 3(1)(a), (b), (c), and (d). For each loss, the reporting should include the route of the vessel, as well as the cause and the location of the loss if they are known. 2. Member States shall compile the data reported by the companies in accordance to paragraph 1 in a report every year. They shall transmit this report to the European Commission and to EMSA.
Amendment 110 #
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) a Member State notification identifying an issue which has an impact on the environmental status of its marine waters connected to ship-source pollution and which cannot be tackled by measures adopted at national level, or which is linked to another EU policy or international agreement, and informing the Commission accordingly by providing a justification; and
Amendment 111 #
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) fulfilment of the Union law and international commitments.
Amendment 115 #
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) the latest scientific data;
Amendment 119 #
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 ele in view of developments theunder 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 lossconventions and EU legislation in order to include other elements such as black carbon, marine litter, container loss for containers other than those already covered by Marpol Annex III, loss of plastic pellets and underwater noise.
Amendment 121 #
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 loss, loss of p. Any modification of the scope shall take into consideration existing international and EU legislation and avoid overlapping with existing EU legislastic pellets and underwater noiseve provisions and enforcement mechanisms.