BETA


2003/0037(COD) Ship-source pollution and introduction of penalties for infringements

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead TRAN WORTMANN-KOOL Corien (icon: PPE-DE PPE-DE)
Former Responsible Committee RETT PEX Peter (icon: PPE-DE PPE-DE)
Former Committee Opinion ENVI GROSSETÊTE Françoise (icon: PPE-DE PPE-DE)
Former Committee Opinion LIBE DI LELLO FINUOLI Giuseppe (icon: GUE/NGL GUE/NGL)
Former Committee Opinion JURI
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 080-p2, RoP 57

Events

2005/09/30
   Final act published in Official Journal
Details

This corrigendum does not concern the English version.

2005/09/07
   CSL - Draft final act
Documents
2005/09/07
   CSL - Final act signed
2005/09/07
   EP - End of procedure in Parliament
2005/07/12
   CSL - Act approved by Council, 2nd reading
2005/07/12
   CSL - Council Meeting
2005/05/18
   EC - Commission opinion on Parliament's position at 2nd reading
Details

The Commission can accept in their entirety the 16 amendments adopted by the Parliament as negotiated during the trialogue meetings in which it fully participated.

The Commission notes that the European Parliament and the Council have not wished to make it mandatory, under this Directive, to establish a system of criminal sanctions for illegal discharges of polluting substances at sea. On this point, the Commission expresses in its statement its regret regarding the ambition levels attained by the future Directive. This apart, the Commission recognises that the result achieved changes neither the aims nor the spirit of its proposal, and it can therefore support it.

2005/03/31
   EC - Commission response to text adopted in plenary
Documents
2005/02/23
   EP - Text adopted by Parliament, 2nd reading
Details

The European Parliament adopted the report by Corien WORTMANN-KOOL (EPP-ED, NL) amending the Council's common position. (Please refer to the summary dated 19/01/2005).

In the near future, ship-source discharges of polluting substances committed with intent, recklessly or by serious negligence will be regarded as criminal offences. Parliament voted strongly in favour of an agreement, reached last week at an informal trilogue between Parliament and Council delegations on the common position regarding pollution from ships. Until now, Council had been reluctant to accept such Parliament's proposals, arguing that criminal sanctions were a competence of the Member States.

All the 13 compromise amendments were adopted following the agreement with Council. Criminal sanctions could, in the most serious cases, even include imprisonment or heavy fines. The new directive will be supplemented by detailed rules on criminal offences and sanctions in order to strengthen the legal framework for the enforcement of the law against ship-source pollution. Under the new law, all those responsible in the pollution chain could be prosecuted, not only captain and crew.

Another success for the EP Delegation was the agreement on the setting up of a European coastguard, opposed by some Member States. The Commission will now undertake a feasibility study on the coastguard dedicated to pollution prevention and response, making clear the costs and benefits. This study should be followed by a proposal on a coastguard by 2006. The European Maritime Safety Agency (EMSA) will assist.

Another compromise amendment was adopted setting out a number of tasks for the EMSA regarding this directive. It is intended that the EMSA would work with the Member States in developing technical solutions and providing technical assistance in relation to this directive, such as tracing discharges by satellite monitoring and surveillance. The agency should assist the Commission in implementation, including visits to Member States if appropriate.

Lastly, every three years, Member States shall transmit a report to the Commission on the application of this Directive by the competent authorities. In this report, the Commission shall assess, inter alia, the desirability of revising or extending the scope of this Directive. It shall also describe the evolution of relevant case-law in the Member States and shall consider the possibility of creating a public database containing such relevant case-law.

2005/02/23
   EP - Results of vote in Parliament
2005/02/23
   EP - Decision by Parliament, 2nd reading
Details

The European Parliament adopted the report by Corien WORTMANN-KOOL (EPP-ED, NL) amending the Council's common position. (Please refer to the summary dated 19/01/2005).

In the near future, ship-source discharges of polluting substances committed with intent, recklessly or by serious negligence will be regarded as criminal offences. Parliament voted strongly in favour of an agreement, reached last week at an informal trilogue between Parliament and Council delegations on the common position regarding pollution from ships. Until now, Council had been reluctant to accept such Parliament's proposals, arguing that criminal sanctions were a competence of the Member States.

All the 13 compromise amendments were adopted following the agreement with Council. Criminal sanctions could, in the most serious cases, even include imprisonment or heavy fines. The new directive will be supplemented by detailed rules on criminal offences and sanctions in order to strengthen the legal framework for the enforcement of the law against ship-source pollution. Under the new law, all those responsible in the pollution chain could be prosecuted, not only captain and crew.

Another success for the EP Delegation was the agreement on the setting up of a European coastguard, opposed by some Member States. The Commission will now undertake a feasibility study on the coastguard dedicated to pollution prevention and response, making clear the costs and benefits. This study should be followed by a proposal on a coastguard by 2006. The European Maritime Safety Agency (EMSA) will assist.

Another compromise amendment was adopted setting out a number of tasks for the EMSA regarding this directive. It is intended that the EMSA would work with the Member States in developing technical solutions and providing technical assistance in relation to this directive, such as tracing discharges by satellite monitoring and surveillance. The agency should assist the Commission in implementation, including visits to Member States if appropriate.

Lastly, every three years, Member States shall transmit a report to the Commission on the application of this Directive by the competent authorities. In this report, the Commission shall assess, inter alia, the desirability of revising or extending the scope of this Directive. It shall also describe the evolution of relevant case-law in the Member States and shall consider the possibility of creating a public database containing such relevant case-law.

Documents
2005/02/22
   EP - Debate in Parliament
2005/02/01
   EP - Committee recommendation tabled for plenary, 2nd reading
Documents
2005/02/01
   EP - Committee recommendation tabled for plenary, 2nd reading
Documents
2005/01/19
   EP - Vote in committee, 2nd reading
Details

The committee adopted the report by Corien WORTMANN-KOOL (EPP-ED, NL) amending the Council's common position under the 2nd reading:

- the wording of the original Commission proposal relating to the purpose of the directive, which had been deleted by the Council, should be reinstated (incorporation of international standards into Community law and provision for "criminal sanctions");

- whereas the Council text stated that ship-source discharges of polluting substances should be regarded as "infringements" if committed with intent, recklessly or by "serious" negligence, the committee went back to some of the wording in parts of the Commission proposal, thereby reflecting Parliament's position at 1st reading. It therefore proposed that such discharges should be regarded as "criminal offences" if committed with intent, recklessly or by "gross" negligence;

- the Commission text (as amended by Parliament at 1st reading) setting out guidelines for imposing sanctions should be reinstated. MEPs argued that the text made it clear that anyone in the logistical chain (i.e. not only the shipowner but also the owner of the cargo, the classification society and even the competent port authority) could be prosecuted;

- the role of the European Maritime Safety Agency (EMSA) should be strengthened: it should assist the Member States in tracing illegal discharges by providing satellite monitoring and surveillance and should carry out audits in the Member States;

- finally, the Commission should compile a feasibility study on setting up a European coastguard service.

2004/12/02
   CSL - Debate in Council
Documents
2004/12/02
   CSL - Council Meeting
2004/10/28
   EP - Committee referral announced in Parliament, 2nd reading
2004/10/12
   EC - Commission communication on Council's position
Details

The Commission notes that the Council did not wish to make it mandatory to establish a system of criminal sanctions for illegal discharges of polluting substances at sea. On this point, the Commission expressed in its statement to the Transport Council its regret regarding the ambitions achieved by the common position. This apart, the Commission recognises that the common position changes neither the aims nor the spirit of the proposal, and it can therefore support it. This support is justified more particularly in order to see the co-decision procedure continue and to enable this Directive to be adopted as soon as possible.

2004/10/07
   CSL - Document attached to the procedure
Documents
2004/10/07
   CSL - Council position
Details

The Council adopted its common position with the Greek and Maltese delegations voting against the draft Directive. The Council considers that the transposition of the MARPOL regime regarding ship-source pollution into Community law will ensure a stricter and more harmonised application and enforcement in the Member States. It shares the view that it is necessary to establish that all discharges of polluting substances are considered infringements if they are committed with intent, recklessly or by serious negligence.

Following the principle of respecting the MARPOL provisions, exceptions are provided in the case when a discharge is made in order to save lives or the ship itself. The exception under the MARPOL Convention concerning the owner and the master in cases of discharges resulting from accidents applies in international sea areas and the exclusive economic or equivalent zone of Member States. In these cases, as a logical consequence of the MARPOL provisions, the crew is protected when acting under the master's responsibility. In Member States' internal waters and territorial sea, on the other hand, the Council deems it appropriate to exercise the Community's rights under Article 211(4) of UNCLOS, in order to enhance the protection of the coastline, and to lift the exception provided for discharges resulting from accidents.

The Council considers that sanctions against infringements of ship-source pollution have to be effective, proportionate and dissuasive and may include criminal or administrative sanctions. It also agrees that these sanctions have to apply to any person found responsible for marine pollution, i.e. shall cover the whole chain of responsibility. Whilst the infringements are defined in the Directive, the Council is of the view that the minimum binding rules for criminal penalties, liability and jurisdiction should be established in the parallel Framework Decision proposed by the Commission and examined by the Council in its "Justice and Home Affairs" formation.

The Council welcomes the streamlining of strict enforcement measures against ships calling at any port of a Member State in line with the relevant international guidelines. It endorses the enhanced information sharing on suspected discharges between Member States and third countries, either as port or as flag States, in order to facilitate the enforcement of the appropriate measures.

Finally, the Council is of the view that all possibilities under the UNCLOS Convention to protect the coastline and the resources of this area shall be used, including enforcement measures by coastal States with respect to ships in transit navigating in the territorial sea or exclusive economic or equivalent zone in accordance with Article 220(6) of UNCLOS, when there is clear objective evidence of a discharge causing major damage or threat of major damage to the coastline or any resources of the territorial sea or the exclusive economic or equivalent zone. In this case, the Member State concerned shall submit the matter to its competent authorities with a view to instituting proceedings, including detention of the ship, in accordance with its national law.

More specifically, concerning the amendments made by the Council, the common position states that considering the fact that the Council follows a considerably different approach to this draft Directive compared to the originally proposed text, it was not possible to reflect the major part of the amendments proposed by the European Parliament in first reading in the common position.

- The concept of setting up a European coastguard was not part of the original Commission proposal. Whilst the Council considers it important to address means enhancing the protection of the European coastline, it does not want to prejudge any Commission initiative to that effect, possibly leading to a separate legislative act, which the Council will consider with interest.

- Although the Council shares the EP's concerns with regard to the implementation of Community legislation on maritime safety, it feels that the enforcement of existing legislative acts, like Directive 2000/59/EC on port reception facilities, falls into the competence of the Member States and its monitoring is one of the tasks of the Commission under the Treaty.

- As the objective of this Directive is to clearly define discharges of polluting substances from ships as infringements under Community law, the Council is of the opinion that other technical provisions like onboard monitoring equipment or oil registers go beyond the scope of this proposal.

- According to the basic principle of the Council's approach laid out above, the MARPOL provisions for discharges, including the exception concerning the owner and the master in cases of discharges resulting from accidents, apply in international sea areas and the exclusive economic or equivalent zone of Member States. In these cases, the crew is also explicitly excluded when acting under the master's responsibility. In the internal waters and territorial sea of the Member States, on the contrary, this exception is not granted in accordance with the possibilities under Article 211(4) of UNCLOS.

- Concerning the scope of the Directive, the Council considers it appropriate to treat all ships, regardless of their flag, in a certain sea area on an equal footing with a view to avoiding a disadvantageous position for ships sailing under the flag of a Member State.

- While the common position does not include any detailed provision on the nature of penalties given that the minimum rules towards a harmonisation of criminal penalties are subject of the parallel Framework Decision, Article 7 paragraph 2 refers to enforcement measures by coastal States in accordance with UNCLOS 220(6), including the detention of the ship, in the specific cases referred to in this Article.

Furthermore, the common position includes some other smaller modifications and clarifications to the

Commission proposal. On a few points, amendments proposed by the European Parliament were partially or totally integrated with a view to ensuring a consistent legislative text.

2004/10/07
   CSL - Council Meeting
2004/10/06
   CSL - Council position published
Details

The Council adopted its common position with the Greek and Maltese delegations voting against the draft Directive. The Council considers that the transposition of the MARPOL regime regarding ship-source pollution into Community law will ensure a stricter and more harmonised application and enforcement in the Member States. It shares the view that it is necessary to establish that all discharges of polluting substances are considered infringements if they are committed with intent, recklessly or by serious negligence.

Following the principle of respecting the MARPOL provisions, exceptions are provided in the case when a discharge is made in order to save lives or the ship itself. The exception under the MARPOL Convention concerning the owner and the master in cases of discharges resulting from accidents applies in international sea areas and the exclusive economic or equivalent zone of Member States. In these cases, as a logical consequence of the MARPOL provisions, the crew is protected when acting under the master's responsibility. In Member States' internal waters and territorial sea, on the other hand, the Council deems it appropriate to exercise the Community's rights under Article 211(4) of UNCLOS, in order to enhance the protection of the coastline, and to lift the exception provided for discharges resulting from accidents.

The Council considers that sanctions against infringements of ship-source pollution have to be effective, proportionate and dissuasive and may include criminal or administrative sanctions. It also agrees that these sanctions have to apply to any person found responsible for marine pollution, i.e. shall cover the whole chain of responsibility. Whilst the infringements are defined in the Directive, the Council is of the view that the minimum binding rules for criminal penalties, liability and jurisdiction should be established in the parallel Framework Decision proposed by the Commission and examined by the Council in its "Justice and Home Affairs" formation.

The Council welcomes the streamlining of strict enforcement measures against ships calling at any port of a Member State in line with the relevant international guidelines. It endorses the enhanced information sharing on suspected discharges between Member States and third countries, either as port or as flag States, in order to facilitate the enforcement of the appropriate measures.

Finally, the Council is of the view that all possibilities under the UNCLOS Convention to protect the coastline and the resources of this area shall be used, including enforcement measures by coastal States with respect to ships in transit navigating in the territorial sea or exclusive economic or equivalent zone in accordance with Article 220(6) of UNCLOS, when there is clear objective evidence of a discharge causing major damage or threat of major damage to the coastline or any resources of the territorial sea or the exclusive economic or equivalent zone. In this case, the Member State concerned shall submit the matter to its competent authorities with a view to instituting proceedings, including detention of the ship, in accordance with its national law.

More specifically, concerning the amendments made by the Council, the common position states that considering the fact that the Council follows a considerably different approach to this draft Directive compared to the originally proposed text, it was not possible to reflect the major part of the amendments proposed by the European Parliament in first reading in the common position.

- The concept of setting up a European coastguard was not part of the original Commission proposal. Whilst the Council considers it important to address means enhancing the protection of the European coastline, it does not want to prejudge any Commission initiative to that effect, possibly leading to a separate legislative act, which the Council will consider with interest.

- Although the Council shares the EP's concerns with regard to the implementation of Community legislation on maritime safety, it feels that the enforcement of existing legislative acts, like Directive 2000/59/EC on port reception facilities, falls into the competence of the Member States and its monitoring is one of the tasks of the Commission under the Treaty.

- As the objective of this Directive is to clearly define discharges of polluting substances from ships as infringements under Community law, the Council is of the opinion that other technical provisions like onboard monitoring equipment or oil registers go beyond the scope of this proposal.

- According to the basic principle of the Council's approach laid out above, the MARPOL provisions for discharges, including the exception concerning the owner and the master in cases of discharges resulting from accidents, apply in international sea areas and the exclusive economic or equivalent zone of Member States. In these cases, the crew is also explicitly excluded when acting under the master's responsibility. In the internal waters and territorial sea of the Member States, on the contrary, this exception is not granted in accordance with the possibilities under Article 211(4) of UNCLOS.

- Concerning the scope of the Directive, the Council considers it appropriate to treat all ships, regardless of their flag, in a certain sea area on an equal footing with a view to avoiding a disadvantageous position for ships sailing under the flag of a Member State.

- While the common position does not include any detailed provision on the nature of penalties given that the minimum rules towards a harmonisation of criminal penalties are subject of the parallel Framework Decision, Article 7 paragraph 2 refers to enforcement measures by coastal States in accordance with UNCLOS 220(6), including the detention of the ship, in the specific cases referred to in this Article.

Furthermore, the common position includes some other smaller modifications and clarifications to the

Commission proposal. On a few points, amendments proposed by the European Parliament were partially or totally integrated with a view to ensuring a consistent legislative text.

Documents
2004/07/28
   EP - WORTMANN-KOOL Corien (PPE-DE) appointed as rapporteur in TRAN
2004/06/10
   CSL - Council Meeting
2004/01/13
   EP - Text adopted by Parliament, 1st reading/single reading
2004/01/13
   EP - Decision by Parliament, 1st reading
Documents
2004/01/12
   EP - Debate in Parliament
2003/11/04
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2003/11/04
   EP - Vote in committee, 1st reading
2003/11/03
   EP - Committee report tabled for plenary, 1st reading
Documents
2003/07/07
   EP - PEX Peter (PPE-DE) appointed as rapporteur in RETT
2003/06/19
   ESC - Economic and Social Committee: opinion, report
2003/03/27
   CSL - Debate in Council
Documents
2003/03/27
   EP - Committee referral announced in Parliament, 1st reading
2003/03/27
   CSL - Council Meeting
2003/03/20
   EP - DI LELLO FINUOLI Giuseppe (GUE/NGL) appointed as rapporteur in LIBE
2003/03/19
   EP - GROSSETÊTE Françoise (PPE-DE) appointed as rapporteur in ENVI
2003/03/05
   EC - Legislative proposal
2003/03/04
   EC - Legislative proposal published
2002/12/03
   EC - Document attached to the procedure

Documents

Votes

Recommandation Wortmann-Kool A6-0015/2005 - am. 37 #

2005/02/23 Outcome: +: 574, -: 64, 0: 3
DE PL FR ES IT NL PT BE HU AT EL DK IE FI CZ SK LT SE LV SI CY LU EE MT GB
Total
91
52
65
49
51
26
22
23
18
18
22
12
12
12
22
13
9
19
6
6
6
6
4
4
73
icon: PSE PSE
185

Ireland PSE

1

Czechia PSE

2

Lithuania PSE

2

Slovenia PSE

For (1)

1

Luxembourg PSE

For (1)

1

Estonia PSE

2

Malta PSE

2
icon: PPE-DE PPE-DE
241

Denmark PPE-DE

For (1)

1

Lithuania PPE-DE

1

Latvia PPE-DE

2

Luxembourg PPE-DE

3

Estonia PPE-DE

For (1)

1

Malta PPE-DE

2
icon: ALDE ALDE
75

Hungary ALDE

1

Ireland ALDE

For (1)

1

Sweden ALDE

3

Latvia ALDE

1

Slovenia ALDE

For (1)

1

Cyprus ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
38

Italy Verts/ALE

2

Belgium Verts/ALE

2

Austria Verts/ALE

2

Denmark Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Sweden Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1

United Kingdom Verts/ALE

5
icon: GUE/NGL GUE/NGL
32

France GUE/NGL

2

Spain GUE/NGL

For (1)

1

Italy GUE/NGL

3

Netherlands GUE/NGL

2

Portugal GUE/NGL

3

Ireland GUE/NGL

1

Sweden GUE/NGL

2

Cyprus GUE/NGL

2

United Kingdom GUE/NGL

1
icon: UEN UEN
18

Ireland UEN

3
icon: IND/DEM IND/DEM
31

France IND/DEM

2

Italy IND/DEM

2

Netherlands IND/DEM

2

Greece IND/DEM

Against (1)

1

Denmark IND/DEM

1

Ireland IND/DEM

For (1)

1

Czechia IND/DEM

Against (1)

1

Sweden IND/DEM

3
icon: NI NI
21

Italy NI

Abstain (1)

2

Belgium NI

2

Austria NI

Against (1)

3

Czechia NI

Against (1)

1

Slovakia NI

Abstain (1)

2

United Kingdom NI

Against (2)

2

History

(these mark the time of scraping, not the official date of the change)

committees/1/associated
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docs
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committee
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2003-07-03T00:00:00
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committee
JURI
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2003-07-21T00:00:00
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title: PE328.790/DEF
committee
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2003-08-20T00:00:00
docs
title: PE314.783
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Committee draft report
body
EP
docs/7
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2004-10-12T00:00:00
docs
summary
The Commission notes that the Council did not wish to make it mandatory to establish a system of criminal sanctions for illegal discharges of polluting substances at sea. On this point, the Commission expressed in its statement to the Transport Council its regret regarding the ambitions achieved by the common position. This apart, the Commission recognises that the common position changes neither the aims nor the spirit of the proposal, and it can therefore support it. This support is justified more particularly in order to see the co-decision procedure continue and to enable this Directive to be adopted as soon as possible.
type
Commission communication on Council's position
body
EC
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docs/10
date
2004-10-12T00:00:00
docs
summary
The Commission notes that the Council did not wish to make it mandatory to establish a system of criminal sanctions for illegal discharges of polluting substances at sea. On this point, the Commission expressed in its statement to the Transport Council its regret regarding the ambitions achieved by the common position. This apart, the Commission recognises that the common position changes neither the aims nor the spirit of the proposal, and it can therefore support it. This support is justified more particularly in order to see the co-decision procedure continue and to enable this Directive to be adopted as soon as possible.
type
Commission communication on Council's position
body
EC
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2004-10-27T00:00:00
docs
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Committee draft report
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EP
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2004-12-13T00:00:00
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Amendments tabled in committee
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2003-03-04T00:00:00
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    • date: 2004-01-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2004-9 title: T5-0009/2004 title: OJ C 092 16.04.2004, p. 0019-0077 E summary: type: Text adopted by Parliament, 1st reading/single reading body: EP
    • date: 2004-10-07T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=12722%2F04&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 12722/1/2004 type: Document attached to the procedure body: CSL
    • date: 2004-10-07T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=11964%2F04&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 11964/3/2004 title: OJ C 025 01.02.2005, p. 0029-0040 E summary: The Council adopted its common position with the Greek and Maltese delegations voting against the draft Directive. The Council considers that the transposition of the MARPOL regime regarding ship-source pollution into Community law will ensure a stricter and more harmonised application and enforcement in the Member States. It shares the view that it is necessary to establish that all discharges of polluting substances are considered infringements if they are committed with intent, recklessly or by serious negligence. Following the principle of respecting the MARPOL provisions, exceptions are provided in the case when a discharge is made in order to save lives or the ship itself. The exception under the MARPOL Convention concerning the owner and the master in cases of discharges resulting from accidents applies in international sea areas and the exclusive economic or equivalent zone of Member States. In these cases, as a logical consequence of the MARPOL provisions, the crew is protected when acting under the master's responsibility. In Member States' internal waters and territorial sea, on the other hand, the Council deems it appropriate to exercise the Community's rights under Article 211(4) of UNCLOS, in order to enhance the protection of the coastline, and to lift the exception provided for discharges resulting from accidents. The Council considers that sanctions against infringements of ship-source pollution have to be effective, proportionate and dissuasive and may include criminal or administrative sanctions. It also agrees that these sanctions have to apply to any person found responsible for marine pollution, i.e. shall cover the whole chain of responsibility. Whilst the infringements are defined in the Directive, the Council is of the view that the minimum binding rules for criminal penalties, liability and jurisdiction should be established in the parallel Framework Decision proposed by the Commission and examined by the Council in its "Justice and Home Affairs" formation. The Council welcomes the streamlining of strict enforcement measures against ships calling at any port of a Member State in line with the relevant international guidelines. It endorses the enhanced information sharing on suspected discharges between Member States and third countries, either as port or as flag States, in order to facilitate the enforcement of the appropriate measures. Finally, the Council is of the view that all possibilities under the UNCLOS Convention to protect the coastline and the resources of this area shall be used, including enforcement measures by coastal States with respect to ships in transit navigating in the territorial sea or exclusive economic or equivalent zone in accordance with Article 220(6) of UNCLOS, when there is clear objective evidence of a discharge causing major damage or threat of major damage to the coastline or any resources of the territorial sea or the exclusive economic or equivalent zone. In this case, the Member State concerned shall submit the matter to its competent authorities with a view to instituting proceedings, including detention of the ship, in accordance with its national law. More specifically, concerning the amendments made by the Council, the common position states that considering the fact that the Council follows a considerably different approach to this draft Directive compared to the originally proposed text, it was not possible to reflect the major part of the amendments proposed by the European Parliament in first reading in the common position. - The concept of setting up a European coastguard was not part of the original Commission proposal. Whilst the Council considers it important to address means enhancing the protection of the European coastline, it does not want to prejudge any Commission initiative to that effect, possibly leading to a separate legislative act, which the Council will consider with interest. - Although the Council shares the EP's concerns with regard to the implementation of Community legislation on maritime safety, it feels that the enforcement of existing legislative acts, like Directive 2000/59/EC on port reception facilities, falls into the competence of the Member States and its monitoring is one of the tasks of the Commission under the Treaty. - As the objective of this Directive is to clearly define discharges of polluting substances from ships as infringements under Community law, the Council is of the opinion that other technical provisions like onboard monitoring equipment or oil registers go beyond the scope of this proposal. - According to the basic principle of the Council's approach laid out above, the MARPOL provisions for discharges, including the exception concerning the owner and the master in cases of discharges resulting from accidents, apply in international sea areas and the exclusive economic or equivalent zone of Member States. In these cases, the crew is also explicitly excluded when acting under the master's responsibility. In the internal waters and territorial sea of the Member States, on the contrary, this exception is not granted in accordance with the possibilities under Article 211(4) of UNCLOS. - Concerning the scope of the Directive, the Council considers it appropriate to treat all ships, regardless of their flag, in a certain sea area on an equal footing with a view to avoiding a disadvantageous position for ships sailing under the flag of a Member State. - While the common position does not include any detailed provision on the nature of penalties given that the minimum rules towards a harmonisation of criminal penalties are subject of the parallel Framework Decision, Article 7 paragraph 2 refers to enforcement measures by coastal States in accordance with UNCLOS 220(6), including the detention of the ship, in the specific cases referred to in this Article. Furthermore, the common position includes some other smaller modifications and clarifications to the Commission proposal. On a few points, amendments proposed by the European Parliament were partially or totally integrated with a view to ensuring a consistent legislative text. type: Council position body: CSL
    • date: 2004-10-12T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2004/0676/COM_COM(2004)0676_EN.pdf title: COM(2004)0676 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2004&nu_doc=676 title: EUR-Lex summary: The Commission notes that the Council did not wish to make it mandatory to establish a system of criminal sanctions for illegal discharges of polluting substances at sea. On this point, the Commission expressed in its statement to the Transport Council its regret regarding the ambitions achieved by the common position. This apart, the Commission recognises that the common position changes neither the aims nor the spirit of the proposal, and it can therefore support it. This support is justified more particularly in order to see the co-decision procedure continue and to enable this Directive to be adopted as soon as possible. type: Commission communication on Council's position body: EC
    • date: 2004-10-27T00:00:00 docs: title: PE347.302 type: Committee draft report body: EP
    • date: 2004-12-13T00:00:00 docs: title: PE350.190 type: Amendments tabled in committee body: EP
    • date: 2005-02-01T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-15&language=EN title: A6-0015/2005 type: Committee recommendation tabled for plenary, 2nd reading body: EP
    • date: 2005-02-23T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-40 title: T6-0040/2005 url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2005:304E:SOM:EN:HTML title: OJ C 304 01.12.2005, p. 0138-0190 E summary: The European Parliament adopted the report by Corien WORTMANN-KOOL (EPP-ED, NL) amending the Council's common position. (Please refer to the summary dated 19/01/2005). In the near future, ship-source discharges of polluting substances committed with intent, recklessly or by serious negligence will be regarded as criminal offences. Parliament voted strongly in favour of an agreement, reached last week at an informal trilogue between Parliament and Council delegations on the common position regarding pollution from ships. Until now, Council had been reluctant to accept such Parliament's proposals, arguing that criminal sanctions were a competence of the Member States. All the 13 compromise amendments were adopted following the agreement with Council. Criminal sanctions could, in the most serious cases, even include imprisonment or heavy fines. The new directive will be supplemented by detailed rules on criminal offences and sanctions in order to strengthen the legal framework for the enforcement of the law against ship-source pollution. Under the new law, all those responsible in the pollution chain could be prosecuted, not only captain and crew. Another success for the EP Delegation was the agreement on the setting up of a European coastguard, opposed by some Member States. The Commission will now undertake a feasibility study on the coastguard dedicated to pollution prevention and response, making clear the costs and benefits. This study should be followed by a proposal on a coastguard by 2006. The European Maritime Safety Agency (EMSA) will assist. Another compromise amendment was adopted setting out a number of tasks for the EMSA regarding this directive. It is intended that the EMSA would work with the Member States in developing technical solutions and providing technical assistance in relation to this directive, such as tracing discharges by satellite monitoring and surveillance. The agency should assist the Commission in implementation, including visits to Member States if appropriate. Lastly, every three years, Member States shall transmit a report to the Commission on the application of this Directive by the competent authorities. In this report, the Commission shall assess, inter alia, the desirability of revising or extending the scope of this Directive. It shall also describe the evolution of relevant case-law in the Member States and shall consider the possibility of creating a public database containing such relevant case-law. type: Text adopted by Parliament, 2nd reading body: EP
    • date: 2005-03-31T00:00:00 docs: url: /oeil/spdoc.do?i=3813&j=0&l=en title: SP(2005)1076/2 type: Commission response to text adopted in plenary
    • date: 2005-05-18T00:00:00 docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2005&nu_doc=216 title: EUR-Lex title: COM(2005)0216 summary: The Commission can accept in their entirety the 16 amendments adopted by the Parliament as negotiated during the trialogue meetings in which it fully participated. The Commission notes that the European Parliament and the Council have not wished to make it mandatory, under this Directive, to establish a system of criminal sanctions for illegal discharges of polluting substances at sea. On this point, the Commission expresses in its statement its regret regarding the ambition levels attained by the future Directive. This apart, the Commission recognises that the result achieved changes neither the aims nor the spirit of its proposal, and it can therefore support it. type: Commission opinion on Parliament's position at 2nd reading body: EC
    • date: 2005-09-07T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=3623%2F05&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 03623/2005 type: Draft final act body: CSL
    events
    • date: 2003-03-05T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2003/0092/COM_COM(2003)0092_EN.pdf title: COM(2003)0092 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2003&nu_doc=92 title: EUR-Lex summary:
    • date: 2003-03-27T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2499*&MEET_DATE=27/03/2003 title: 2499
    • date: 2003-03-27T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
    • date: 2003-11-04T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary:
    • date: 2003-11-04T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2003-388&language=EN title: A5-0388/2003
    • date: 2004-01-12T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20040112&type=CRE title: Debate in Parliament
    • date: 2004-01-13T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2004-9 title: T5-0009/2004 summary:
    • date: 2004-10-07T00:00:00 type: Council position published body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=11964%2F04&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 11964/3/2004 summary: The Council adopted its common position with the Greek and Maltese delegations voting against the draft Directive. The Council considers that the transposition of the MARPOL regime regarding ship-source pollution into Community law will ensure a stricter and more harmonised application and enforcement in the Member States. It shares the view that it is necessary to establish that all discharges of polluting substances are considered infringements if they are committed with intent, recklessly or by serious negligence. Following the principle of respecting the MARPOL provisions, exceptions are provided in the case when a discharge is made in order to save lives or the ship itself. The exception under the MARPOL Convention concerning the owner and the master in cases of discharges resulting from accidents applies in international sea areas and the exclusive economic or equivalent zone of Member States. In these cases, as a logical consequence of the MARPOL provisions, the crew is protected when acting under the master's responsibility. In Member States' internal waters and territorial sea, on the other hand, the Council deems it appropriate to exercise the Community's rights under Article 211(4) of UNCLOS, in order to enhance the protection of the coastline, and to lift the exception provided for discharges resulting from accidents. The Council considers that sanctions against infringements of ship-source pollution have to be effective, proportionate and dissuasive and may include criminal or administrative sanctions. It also agrees that these sanctions have to apply to any person found responsible for marine pollution, i.e. shall cover the whole chain of responsibility. Whilst the infringements are defined in the Directive, the Council is of the view that the minimum binding rules for criminal penalties, liability and jurisdiction should be established in the parallel Framework Decision proposed by the Commission and examined by the Council in its "Justice and Home Affairs" formation. The Council welcomes the streamlining of strict enforcement measures against ships calling at any port of a Member State in line with the relevant international guidelines. It endorses the enhanced information sharing on suspected discharges between Member States and third countries, either as port or as flag States, in order to facilitate the enforcement of the appropriate measures. Finally, the Council is of the view that all possibilities under the UNCLOS Convention to protect the coastline and the resources of this area shall be used, including enforcement measures by coastal States with respect to ships in transit navigating in the territorial sea or exclusive economic or equivalent zone in accordance with Article 220(6) of UNCLOS, when there is clear objective evidence of a discharge causing major damage or threat of major damage to the coastline or any resources of the territorial sea or the exclusive economic or equivalent zone. In this case, the Member State concerned shall submit the matter to its competent authorities with a view to instituting proceedings, including detention of the ship, in accordance with its national law. More specifically, concerning the amendments made by the Council, the common position states that considering the fact that the Council follows a considerably different approach to this draft Directive compared to the originally proposed text, it was not possible to reflect the major part of the amendments proposed by the European Parliament in first reading in the common position. - The concept of setting up a European coastguard was not part of the original Commission proposal. Whilst the Council considers it important to address means enhancing the protection of the European coastline, it does not want to prejudge any Commission initiative to that effect, possibly leading to a separate legislative act, which the Council will consider with interest. - Although the Council shares the EP's concerns with regard to the implementation of Community legislation on maritime safety, it feels that the enforcement of existing legislative acts, like Directive 2000/59/EC on port reception facilities, falls into the competence of the Member States and its monitoring is one of the tasks of the Commission under the Treaty. - As the objective of this Directive is to clearly define discharges of polluting substances from ships as infringements under Community law, the Council is of the opinion that other technical provisions like onboard monitoring equipment or oil registers go beyond the scope of this proposal. - According to the basic principle of the Council's approach laid out above, the MARPOL provisions for discharges, including the exception concerning the owner and the master in cases of discharges resulting from accidents, apply in international sea areas and the exclusive economic or equivalent zone of Member States. In these cases, the crew is also explicitly excluded when acting under the master's responsibility. In the internal waters and territorial sea of the Member States, on the contrary, this exception is not granted in accordance with the possibilities under Article 211(4) of UNCLOS. - Concerning the scope of the Directive, the Council considers it appropriate to treat all ships, regardless of their flag, in a certain sea area on an equal footing with a view to avoiding a disadvantageous position for ships sailing under the flag of a Member State. - While the common position does not include any detailed provision on the nature of penalties given that the minimum rules towards a harmonisation of criminal penalties are subject of the parallel Framework Decision, Article 7 paragraph 2 refers to enforcement measures by coastal States in accordance with UNCLOS 220(6), including the detention of the ship, in the specific cases referred to in this Article. Furthermore, the common position includes some other smaller modifications and clarifications to the Commission proposal. On a few points, amendments proposed by the European Parliament were partially or totally integrated with a view to ensuring a consistent legislative text.
    • date: 2004-10-28T00:00:00 type: Committee referral announced in Parliament, 2nd reading body: EP
    • date: 2004-12-02T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2626*&MEET_DATE=02/12/2004 title: 2626
    • date: 2005-01-19T00:00:00 type: Vote in committee, 2nd reading body: EP summary: The committee adopted the report by Corien WORTMANN-KOOL (EPP-ED, NL) amending the Council's common position under the 2nd reading: - the wording of the original Commission proposal relating to the purpose of the directive, which had been deleted by the Council, should be reinstated (incorporation of international standards into Community law and provision for "criminal sanctions"); - whereas the Council text stated that ship-source discharges of polluting substances should be regarded as "infringements" if committed with intent, recklessly or by "serious" negligence, the committee went back to some of the wording in parts of the Commission proposal, thereby reflecting Parliament's position at 1st reading. It therefore proposed that such discharges should be regarded as "criminal offences" if committed with intent, recklessly or by "gross" negligence; - the Commission text (as amended by Parliament at 1st reading) setting out guidelines for imposing sanctions should be reinstated. MEPs argued that the text made it clear that anyone in the logistical chain (i.e. not only the shipowner but also the owner of the cargo, the classification society and even the competent port authority) could be prosecuted; - the role of the European Maritime Safety Agency (EMSA) should be strengthened: it should assist the Member States in tracing illegal discharges by providing satellite monitoring and surveillance and should carry out audits in the Member States; - finally, the Commission should compile a feasibility study on setting up a European coastguard service.
    • date: 2005-02-01T00:00:00 type: Committee recommendation tabled for plenary, 2nd reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-15&language=EN title: A6-0015/2005
    • date: 2005-02-22T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20050222&type=CRE title: Debate in Parliament
    • date: 2005-02-23T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=3813&l=en title: Results of vote in Parliament
    • date: 2005-02-23T00:00:00 type: Decision by Parliament, 2nd reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-40 title: T6-0040/2005 summary: The European Parliament adopted the report by Corien WORTMANN-KOOL (EPP-ED, NL) amending the Council's common position. (Please refer to the summary dated 19/01/2005). In the near future, ship-source discharges of polluting substances committed with intent, recklessly or by serious negligence will be regarded as criminal offences. Parliament voted strongly in favour of an agreement, reached last week at an informal trilogue between Parliament and Council delegations on the common position regarding pollution from ships. Until now, Council had been reluctant to accept such Parliament's proposals, arguing that criminal sanctions were a competence of the Member States. All the 13 compromise amendments were adopted following the agreement with Council. Criminal sanctions could, in the most serious cases, even include imprisonment or heavy fines. The new directive will be supplemented by detailed rules on criminal offences and sanctions in order to strengthen the legal framework for the enforcement of the law against ship-source pollution. Under the new law, all those responsible in the pollution chain could be prosecuted, not only captain and crew. Another success for the EP Delegation was the agreement on the setting up of a European coastguard, opposed by some Member States. The Commission will now undertake a feasibility study on the coastguard dedicated to pollution prevention and response, making clear the costs and benefits. This study should be followed by a proposal on a coastguard by 2006. The European Maritime Safety Agency (EMSA) will assist. Another compromise amendment was adopted setting out a number of tasks for the EMSA regarding this directive. It is intended that the EMSA would work with the Member States in developing technical solutions and providing technical assistance in relation to this directive, such as tracing discharges by satellite monitoring and surveillance. The agency should assist the Commission in implementation, including visits to Member States if appropriate. Lastly, every three years, Member States shall transmit a report to the Commission on the application of this Directive by the competent authorities. In this report, the Commission shall assess, inter alia, the desirability of revising or extending the scope of this Directive. It shall also describe the evolution of relevant case-law in the Member States and shall consider the possibility of creating a public database containing such relevant case-law.
    • date: 2005-07-12T00:00:00 type: Act approved by Council, 2nd reading body: CSL
    • date: 2005-09-07T00:00:00 type: Final act signed body: CSL
    • date: 2005-09-07T00:00:00 type: End of procedure in Parliament body: EP
    • date: 2005-09-30T00:00:00 type: Final act published in Official Journal summary: This corrigendum does not concern the English version. docs: title: Directive 2005/35 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32005L0035 title: OJ L 255 30.09.2005, p. 0011-0021 url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2005:255:SOM:EN:HTML title: Corrigendum to final act 32005L0035R(01) url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&model=guicheti&numdoc=32005L0035R(01) title: OJ L 033 04.02.2006, p. 0087 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2006:033:TOC title: Corrigendum to final act 32005L0035R(02) url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&model=guicheti&numdoc=32005L0035R(02) title: OJ L 105 13.04.2006, p. 0065 url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2006:105:SOM:EN:HTML
    other
    • body: CSL type: Council Meeting council: Former Council configuration
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    • Amended by 2008/0055(COD)
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    • 3.20.03.01 Maritime safety
    • 3.20.15.06 Maritime or inland transport agreements and cooperation
    • 3.70.05 Marine and coastal pollution, pollution from ships, oil pollution
    • 3.70.16 Law and environment, liability
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    3.20.15.06
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    • date: 2003-03-05T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2003/0092/COM_COM(2003)0092_EN.pdf celexid: CELEX:52003PC0092:EN type: Legislative proposal published title: COM(2003)0092 type: Legislative proposal published body: EC commission: DG: Energy and Transport
    • body: CSL meeting_id: 2499 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2499*&MEET_DATE=27/03/2003 type: Debate in Council title: 2499 council: Transport, Telecommunications and Energy date: 2003-03-27T00:00:00 type: Council Meeting
    • date: 2003-03-27T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: ENVI date: 2003-03-19T00:00:00 committee_full: Environment, Public Health, Consumer Policy (Associated committee) rapporteur: group: PPE-DE name: GROSSETÊTE Françoise body: EP responsible: False committee_full: Legal Affairs and Internal Market committee: JURI body: EP responsible: False committee: LIBE date: 2003-03-20T00:00:00 committee_full: Citizens' Freedoms and Rights, Justice and Home Affairs rapporteur: group: GUE/NGL name: DI LELLO FINUOLI Giuseppe body: EP responsible: True committee: RETT date: 2003-07-07T00:00:00 committee_full: Regional Policy, Transport and Tourism (Associated committee) rapporteur: group: PPE-DE name: PEX Peter body: EP responsible: True committee: TRAN date: 2004-07-28T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE-DE name: WORTMANN-KOOL Corien
    • date: 2003-10-09T00:00:00 body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: X019
    • body: EP committees: body: EP responsible: False committee: ENVI date: 2003-03-19T00:00:00 committee_full: Environment, Public Health, Consumer Policy (Associated committee) rapporteur: group: PPE-DE name: GROSSETÊTE Françoise body: EP responsible: False committee_full: Legal Affairs and Internal Market committee: JURI body: EP responsible: False committee: LIBE date: 2003-03-20T00:00:00 committee_full: Citizens' Freedoms and Rights, Justice and Home Affairs rapporteur: group: GUE/NGL name: DI LELLO FINUOLI Giuseppe body: EP responsible: True committee: RETT date: 2003-07-07T00:00:00 committee_full: Regional Policy, Transport and Tourism (Associated committee) rapporteur: group: PPE-DE name: PEX Peter body: EP responsible: True committee: TRAN date: 2004-07-28T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE-DE name: WORTMANN-KOOL Corien docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2003-388&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A5-0388/2003 date: 2003-11-04T00:00:00 type: Vote in committee, 1st reading/single reading
    • date: 2004-01-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20040112&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
    • date: 2004-01-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2004-9 type: Decision by Parliament, 1st reading/single reading title: T5-0009/2004 body: EP type: Decision by Parliament, 1st reading/single reading
    • date: 2004-06-10T00:00:00 body: CSL type: Council Meeting council: Education, Youth, Culture and Sport meeting_id: 2589
    • body: CSL meeting_id: 2607 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=11964%2F04&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Council position published title: 11964/3/2004 council: Transport, Telecommunications and Energy date: 2004-10-07T00:00:00 type: Council Meeting
    • date: 2004-10-28T00:00:00 body: EP type: Committee referral announced in Parliament, 2nd reading committees: body: EP responsible: True committee: RETT date: 2003-07-07T00:00:00 committee_full: Regional Policy, Transport and Tourism (Associated committee) rapporteur: group: PPE-DE name: PEX Peter body: EP responsible: True committee: TRAN date: 2004-07-28T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE-DE name: WORTMANN-KOOL Corien
    • body: CSL meeting_id: 2626 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2626*&MEET_DATE=02/12/2004 type: Debate in Council title: 2626 council: Justice and Home Affairs (JHA) date: 2004-12-02T00:00:00 type: Council Meeting
    • date: 2005-01-19T00:00:00 body: EP committees: body: EP responsible: True committee: RETT date: 2003-07-07T00:00:00 committee_full: Regional Policy, Transport and Tourism (Associated committee) rapporteur: group: PPE-DE name: PEX Peter body: EP responsible: True committee: TRAN date: 2004-07-28T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE-DE name: WORTMANN-KOOL Corien type: Vote in committee, 2nd reading
    • date: 2005-02-01T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-15&language=EN type: Committee recommendation tabled for plenary, 2nd reading title: A6-0015/2005 body: EP committees: body: EP responsible: True committee: RETT date: 2003-07-07T00:00:00 committee_full: Regional Policy, Transport and Tourism (Associated committee) rapporteur: group: PPE-DE name: PEX Peter body: EP responsible: True committee: TRAN date: 2004-07-28T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE-DE name: WORTMANN-KOOL Corien type: Committee recommendation tabled for plenary, 2nd reading
    • date: 2005-02-22T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20050222&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
    • date: 2005-02-23T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=3813&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-40 type: Decision by Parliament, 2nd reading title: T6-0040/2005 body: EP type: Results of vote in Parliament
    • date: 2005-07-12T00:00:00 body: CSL type: Council Meeting council: Economic and Financial Affairs ECOFIN meeting_id: 2672
    • date: 2005-09-07T00:00:00 body: CSL type: Final act signed
    • date: 2005-09-07T00:00:00 body: EP type: End of procedure in Parliament
    • date: 2005-09-30T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32005L0035 title: Directive 2005/35 url: http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2005:255:SOM:EN:HTML title: OJ L 255 30.09.2005, p. 0011-0021 url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&model=guicheti&numdoc=32005L0035R(01) title: Corrigendum to final act 32005L0035R(01) url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2006:033:TOC title: OJ L 033 04.02.2006, p. 0087 url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&model=guicheti&numdoc=32005L0035R(02) title: Corrigendum to final act 32005L0035R(02) url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2006:105:TOC title: OJ L 105 13.04.2006, p. 0065
    committees
    • body: EP responsible: False committee: ENVI date: 2003-03-19T00:00:00 committee_full: Environment, Public Health, Consumer Policy (Associated committee) rapporteur: group: PPE-DE name: GROSSETÊTE Françoise
    • body: EP responsible: False committee_full: Legal Affairs and Internal Market committee: JURI
    • body: EP responsible: False committee: LIBE date: 2003-03-20T00:00:00 committee_full: Citizens' Freedoms and Rights, Justice and Home Affairs rapporteur: group: GUE/NGL name: DI LELLO FINUOLI Giuseppe
    • body: EP responsible: True committee: RETT date: 2003-07-07T00:00:00 committee_full: Regional Policy, Transport and Tourism (Associated committee) rapporteur: group: PPE-DE name: PEX Peter
    • body: EP responsible: True committee: TRAN date: 2004-07-28T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE-DE name: WORTMANN-KOOL Corien
    links
    European Commission
    other
    • body: CSL type: Council Meeting council: Former Council configuration
    • body: EC dg: Energy and Transport
    procedure
    dossier_of_the_committee
    TRAN/6/24150
    reference
    2003/0037(COD)
    instrument
    Directive
    legal_basis
    stage_reached
    Procedure completed
    summary
    Amended by
    subtype
    Legislation
    title
    Ship-source pollution and introduction of penalties for infringements
    type
    COD - Ordinary legislative procedure (ex-codecision procedure)
    final
    subject