4 Amendments of Josu ORTUONDO LARREA related to 2008/0055(COD)
Amendment 13 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2005/35/EC
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States may class an unlawful ship-source discharge of polluting substances as an administrative offence in those cases considered less serious to the extent that water quality has not been severely impaired; discharges of this type shall be termed “minor” discharges.
Amendment 14 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2005/35/EC
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. Behaviour involving repeated unlawful minor ship-source discharges of polluting substances shall be regarded as a criminal offence if the discharges have been made with intent, recklessly, or by serious negligence. The penalty shall, in any event, allow for the total number of minor discharges concerned.
Amendment 15 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2005/35/EC
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Each Member State shall take the measures necessary to ensure that inciting or, where committed with intent, aiding and abetting a criminal offence referred to in paragraph 1 is punishable by criminal law. ”
Amendment 16 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2005/35/EC
Article 5 a – paragraph 1
Article 5 a – paragraph 1
1. Each Member State shall take the necessary measures to ensure that the infringements or criminal offences referred to in Article 4 are punishable by, respectively, administrative or criminal penalties that are effective, proportionate and dissuasive criminal penalties.