BETA


2008/0055(COD) Ship-source pollution and introduction of penalties, including criminal penalties, for pollution offences

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead TRAN DE GRANDES PASCUAL Luis (icon: PPE-DE PPE-DE)
Committee Opinion ENVI MATSAKIS Marios (icon: ALDE ALDE)
Committee Opinion JURI LICHTENBERGER Eva (icon: Verts/ALE Verts/ALE)
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 080-p2

Events

2009/10/27
   Final act published in Official Journal
Details

PURPOSE: to incorporate international standards for ship-source pollution into Community law and to ensure penalties for infringements of the law.

LEGISLATIVE ACT : Directive 2009/123/EC of the European Parliament and of the Council amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements.

BACKGROUND: to recall, in the aftermath of major accidental oil spills and the increasing number of uncontrolled operational discharges of polluting substances from ships at sea, the Commission proposed a directive in 2003. It provided that ship-source pollution should be considered a criminal offence and consequently should be subject to criminal penalties. The Commission also proposed Framework Decision 2003/80/JAI providing for the approximation of the levels of criminal penalties for the ship-source pollution criminal offences.

These two instruments were adopted by the Council in 2005. However, the European Court of Justice annulled the above mentioned Framework Decision in 2007 considering that it was adopted on the wrong legal basis.

The Commission proposed a new directive in March 2008 with a view to filling the legal vacuum created by the annulment by the Court.

CONTENT: following a first reading agreement with the European Parliament, the Council adopted this Directive improving current rules on ship-source pollution and on the introduction of penalties for infringements.

The objective of the directive is to incorporate international standards for ship-source pollution into Community law and to ensure that persons responsible for discharges of polluting substances are subject to adequate penalties, including criminal penalties, in order to improve maritime safety and to enhance protection of the marine environment from pollution by ships.

Infringements : under this Directive, illicit ship-source discharges of polluting substances are regarded as a criminal offence as long as they have been committed with intent, recklessly or with serious negligence and result in deterioration in the quality of water. Less serious cases of illicit ship-source discharges of polluting substances that do not cause deterioration in the quality of water need not be regarded as criminal offences. Under this Directive such discharges are referred to as minor cases. Given the need to ensure a high level of safety and protection of the environment in the maritime transport sector, as well as the need to ensure the effectiveness of the principle whereby the polluting party pays for the damage caused to the environment, repeated minor cases, which do not individually but in conjunction result in deterioration in the quality of water, will be regarded as a criminal offence.

Inciting, aiding and abetting : any act of inciting, or aiding and abetting an offence committed with intent is punishable as a criminal offence.

Liability of legal persons : each Member State shall take the necessary measures to ensure that legal persons can be held liable for the criminal offences, committed for their benefit by any natural person acting either individually or as part of an organ of the legal person, and who has a leading position within the structure of the legal person, based on:

a power of representation of the legal person; authority to take decisions on behalf of the legal person; or authority to exercise control within the legal person.

Each Member State shall also ensure that a legal person can be held liable where lack of supervision or control by a natural person referred to in paragraph 1 has made the commission of a criminal offence possible for the benefit of that legal person by a natural person under its authority.

The liability of a legal person will not exclude criminal proceedings against natural persons involved as perpetrators, inciters or accessories in criminal offences.

ENTRY INTO FORCE: 16/11/2009.

TRANSPOSITION: 16/11/2010.

2009/10/21
   CSL - Draft final act
Documents
2009/10/21
   CSL - Final act signed
2009/10/21
   EP - End of procedure in Parliament
2009/09/14
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2009/09/14
   CSL - Council Meeting
2009/07/07
   EC - Commission response to text adopted in plenary
Documents
2009/05/05
   EP - Results of vote in Parliament
2009/05/05
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 588 votes to 42, with 3 abstentions, a legislative resolution amending, under the first reading of the codecision procedure, the proposal for a directive of the European Parliament and of the Council amending Directive 2005/35/EC on ship source pollution and on the introduction of penalties for infringements.

The amendments are the result of a compromise negotiated with the Council.

The main amendments are as follows:

Purpose : the compromise stipulates that the purpose of this Directive is to incorporate international standards for ship-source pollution into Community law and to ensure that persons responsible for discharges are subject to adequate penalties, including criminal penalties, in order to improve maritime safety and to enhance protection of the marine environment from pollution by ships.

Infringements : under the terms of this Directive, illicit ship-source discharges of polluting substances will be considered as a criminal offence as long as they have been committed with intent, recklessly or with serious negligence and result in a deterioration of the quality of water.

Less serious cases of illicit ship-source discharges of polluting substances that do not cause a deterioration of the quality of water need not be considered as criminal offences. Such discharges shall be referred to as “minor cases”. Repeated minor cases that do not in a singular case but in conjunction result in a deterioration in the quality of water shall be considered a criminal offence when committed with intent, recklessly or with serious negligence.

Liability : each Member State shall take the measures necessary to ensure that legal and natural persons can be held liable for the criminal offences referred to in the Directive.

Inciting, aiding and abetting : Member States shall ensure that inciting, aiding and abetting an offence committed with intent is punishable as a criminal offence.

Penalties : infringements shall be subject to effective, proportionate and dissuasive penalties.

Liability of legal persons : a new article stipulates that each Member State shall take the measures necessary to ensure that legal persons can be held liable for criminal offences committed for their benefit by any natural person acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on:

a power of representation of the legal person; or an authority to take decisions on behalf of the legal person; or an authority to exercise control within the legal person.

Moreover, a legal person can be held liable where lack of supervision or control by a natural person has made possible the commission of an offence for the benefit of that legal person by a natural person under its authority.

The liability of a legal person shall not exclude criminal proceedings against natural persons who are involved as perpetrators, inciters or accessories in the criminal offences referred to in the Directive.

Penalties against legal persons should be effective, proportionate and dissuasive.

Documents
2009/05/04
   EP - Debate in Parliament
2009/02/26
   CSL - Debate in Council
Details

The Council took note of the developments in amending Directive 2005/35/EC on ship‑source pollution and of the introduction of penalties for infringements, with a view to reaching a first reading agreement with the European Parliament under the codecision legislative procedure.

Documents
2009/02/26
   CSL - Council Meeting
2009/02/20
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2009/02/20
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2009/02/17
   EP - Vote in committee, 1st reading/single reading
Details

The Committee on Transport and Tourism adopted the report drawn up by Luis de GRANDES PASCUAL (EPP-ED, ES) amending, under the first reading of the codecision procedure, the proposal for a directive of the European Parliament and of the Council amending Directive 2005/35/EC on ship source pollution and on the introduction of penalties for infringements.

The main amendments are as follows:

Infringements and criminal offences : an amendment reinstates a concept adopted in Framework Decision 2005/667/JHA (now annulled) that distinguished between criminal penalties and penalties of a different type. It stipulates that the Member States may class as administrative infringements illicit cases of minor ship-source discharges of polluting substances into any of the areas referred to in the directive where the act committed does not cause a deterioration in the quality of the water. Discharges of this type, under the terms of this Directive, shall be termed "minor" cases.

Moreover, 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 are due to serious negligence. The penalty shall, in any event, reflect the total number of minor discharges concerned.

MEPs also clarify that inciting or aiding and abetting a criminal offence can only occur where there is intent to deceive or act and not when the criminal offence occurs through recklessness or serious negligence.

Exceptions : the inclusion in the new directive of possible criminal offences previously governed by annulled Framework Decision 2005/667/JHA requires that the amended directive clearly states that the exceptions refer both to criminal offences and to simple infringements.

Transposition of the directive : MEPs propose to set the time needed for the directive's implementation to 12 months (instead of 6 months) following the date of its entry into force.

Accompanying measures : in accordance with its tasks as defined in Regulation (EC) No 1406/2002, the European Maritime Safety Agency may also entrust the monitoring and surveillance activities to an interdisciplinary monitoring laboratory (operating in, among other areas, the scientific, legal, and health fields) to be set up within the European Maritime Safety Agency, which shall process the relevant data and analyse their implications, not least in biological, chemical, and physical terms, for the health of the endangered marine ecosystem.

2009/01/27
   EP - Amendments tabled in committee
Documents
2009/01/22
   EP - Committee opinion
Documents
2008/12/15
   EP - Committee draft report
Documents
2008/11/12
   EP - Committee opinion
Documents
2008/09/22
   EP - LICHTENBERGER Eva (Verts/ALE) appointed as rapporteur in JURI
2008/09/17
   ESC - Economic and Social Committee: opinion, report
Documents
2008/06/05
   CSL - Debate in Council
Documents
2008/06/05
   CSL - Council Meeting
2008/05/22
   EP - MATSAKIS Marios (ALDE) appointed as rapporteur in ENVI
2008/04/10
   EP - DE GRANDES PASCUAL Luis (PPE-DE) appointed as rapporteur in TRAN
2008/03/13
   EP - Committee referral announced in Parliament, 1st reading/single reading
2008/03/11
   EC - Legislative proposal published
Details

PURPOSE: to amend Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringement.

PROPOSED ACT: Directive of the European Parliament and of the Council.

CONTENT: the new proposal for a directive will replace Framework Decision 2005/667/JHA to strengthen the criminal-law framework for the enforcement of the law against ship-source pollution. This Framework Decision was adopted in 2005 to supplement Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements. Both instruments were adopted out of concern about the illegal operational discharges of polluting substances from ships at sea and in the aftermath of major accidental oil spills. While the Directive contains a precise definition of the infringements along with the rule that they will be subject to effective, proportionate and dissuasive penalties, which may include criminal or administrative penalties, the Framework Decision included provisions on the nature, type and levels of criminal penalties. In a ruling issued on 23 October 2007, the European Court of Justice, seized by the Commission, annulled the Framework Decision and ruled that the provisions related to the definition of criminal offences and to the nature of sanctions should be adopted in an instrument based on the EC Treaty if necessary to ensure that the Community’s rules on maritime safety are fully effective.

CONTENT: the proposal builds on Directive 2005/35/EC and takes over the substantive content of the annulled Framework Decision 2005/667/JHA.

In short, the proposed Directive sets out the following:

Criminal offence : Member States are required to lay down that any ship-source discharge of polluting substances, as defined in Article 2 of Directive 2005/35/EC, into any of the areas referred to in Article 3(1) of Directive 2005/35/EC, if committed with intent, recklessly or with serious negligence, is to be considered a criminal offence. The definition of “criminal offence” corresponds to Article 2 of the annulled Framework Decision 2005/667/JHA; Liability of legal persons : as stated in the annulled Framework Decision, Member States should ensure that legal persons can be held liable for the criminal offences committed for their benefit by certain persons acting on their behalf or when lack of supervision or control enabled those persons to commit an offence; Penalties : penalties imposed against ship-source pollution offences must be effective, proportionate and dissuasive, for both natural and legal persons. In addition to this requirement, for the criminal offence defined in the new Article 4 Member States are required to provide that the penalties for natural persons be of a criminal nature. For legal persons, it is not specified whether the penalties should be of a criminal or non-criminal nature. Member States that do not recognise the criminal liability of legal persons in their national law are therefore not under any obligation to change their national system; Implementation period : the period for implementation by the Member States is six months, taking into account that Article 1 largely covers the same content as Articles 2, 3 and 5 of the annulled Framework Decision 2005/667/JHA. The period for implementation of this Framework Decision ended on 12 January 2007, so Member States will already have done a significant part of the work to implement this Directive.

Documents

AmendmentsDossier
10 2008/0055(COD)
2008/10/10 ENVI 2 amendments...
source: PE-414.206
2008/12/17 JURI 1 amendments...
source: PE-418.062
2009/01/27 TRAN 7 amendments...
source: PE-418.092

History

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

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  • date: 2009-10-21T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F09&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 03664/2009/LEX type: Draft final act body: CSL
events
  • date: 2008-03-11T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2008/0134/COM_COM(2008)0134_EN.pdf title: COM(2008)0134 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2008&nu_doc=134 title: EUR-Lex summary: PURPOSE: to amend Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringement. PROPOSED ACT: Directive of the European Parliament and of the Council. CONTENT: the new proposal for a directive will replace Framework Decision 2005/667/JHA to strengthen the criminal-law framework for the enforcement of the law against ship-source pollution. This Framework Decision was adopted in 2005 to supplement Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements. Both instruments were adopted out of concern about the illegal operational discharges of polluting substances from ships at sea and in the aftermath of major accidental oil spills. While the Directive contains a precise definition of the infringements along with the rule that they will be subject to effective, proportionate and dissuasive penalties, which may include criminal or administrative penalties, the Framework Decision included provisions on the nature, type and levels of criminal penalties. In a ruling issued on 23 October 2007, the European Court of Justice, seized by the Commission, annulled the Framework Decision and ruled that the provisions related to the definition of criminal offences and to the nature of sanctions should be adopted in an instrument based on the EC Treaty if necessary to ensure that the Community’s rules on maritime safety are fully effective. CONTENT: the proposal builds on Directive 2005/35/EC and takes over the substantive content of the annulled Framework Decision 2005/667/JHA. In short, the proposed Directive sets out the following: Criminal offence : Member States are required to lay down that any ship-source discharge of polluting substances, as defined in Article 2 of Directive 2005/35/EC, into any of the areas referred to in Article 3(1) of Directive 2005/35/EC, if committed with intent, recklessly or with serious negligence, is to be considered a criminal offence. The definition of “criminal offence” corresponds to Article 2 of the annulled Framework Decision 2005/667/JHA; Liability of legal persons : as stated in the annulled Framework Decision, Member States should ensure that legal persons can be held liable for the criminal offences committed for their benefit by certain persons acting on their behalf or when lack of supervision or control enabled those persons to commit an offence; Penalties : penalties imposed against ship-source pollution offences must be effective, proportionate and dissuasive, for both natural and legal persons. In addition to this requirement, for the criminal offence defined in the new Article 4 Member States are required to provide that the penalties for natural persons be of a criminal nature. For legal persons, it is not specified whether the penalties should be of a criminal or non-criminal nature. Member States that do not recognise the criminal liability of legal persons in their national law are therefore not under any obligation to change their national system; Implementation period : the period for implementation by the Member States is six months, taking into account that Article 1 largely covers the same content as Articles 2, 3 and 5 of the annulled Framework Decision 2005/667/JHA. The period for implementation of this Framework Decision ended on 12 January 2007, so Member States will already have done a significant part of the work to implement this Directive.
  • date: 2008-03-13T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2008-06-05T00:00:00 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=2783*&MEET_DATE=05/06/2008 title: 2783
  • date: 2009-02-17T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Transport and Tourism adopted the report drawn up by Luis de GRANDES PASCUAL (EPP-ED, ES) amending, under the first reading of the codecision procedure, the proposal for a directive of the European Parliament and of the Council amending Directive 2005/35/EC on ship source pollution and on the introduction of penalties for infringements. The main amendments are as follows: Infringements and criminal offences : an amendment reinstates a concept adopted in Framework Decision 2005/667/JHA (now annulled) that distinguished between criminal penalties and penalties of a different type. It stipulates that the Member States may class as administrative infringements illicit cases of minor ship-source discharges of polluting substances into any of the areas referred to in the directive where the act committed does not cause a deterioration in the quality of the water. Discharges of this type, under the terms of this Directive, shall be termed "minor" cases. Moreover, 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 are due to serious negligence. The penalty shall, in any event, reflect the total number of minor discharges concerned. MEPs also clarify that inciting or aiding and abetting a criminal offence can only occur where there is intent to deceive or act and not when the criminal offence occurs through recklessness or serious negligence. Exceptions : the inclusion in the new directive of possible criminal offences previously governed by annulled Framework Decision 2005/667/JHA requires that the amended directive clearly states that the exceptions refer both to criminal offences and to simple infringements. Transposition of the directive : MEPs propose to set the time needed for the directive's implementation to 12 months (instead of 6 months) following the date of its entry into force. Accompanying measures : in accordance with its tasks as defined in Regulation (EC) No 1406/2002, the European Maritime Safety Agency may also entrust the monitoring and surveillance activities to an interdisciplinary monitoring laboratory (operating in, among other areas, the scientific, legal, and health fields) to be set up within the European Maritime Safety Agency, which shall process the relevant data and analyse their implications, not least in biological, chemical, and physical terms, for the health of the endangered marine ecosystem.
  • date: 2009-02-20T00:00:00 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=A6-2009-80&language=EN title: A6-0080/2009
  • date: 2009-02-26T00:00:00 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=2927*&MEET_DATE=26/02/2009 title: 2927 summary: The Council took note of the developments in amending Directive 2005/35/EC on ship‑source pollution and of the introduction of penalties for infringements, with a view to reaching a first reading agreement with the European Parliament under the codecision legislative procedure.
  • date: 2009-05-04T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20090504&type=CRE title: Debate in Parliament
  • date: 2009-05-05T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=16790&l=en title: Results of vote in Parliament
  • date: 2009-05-05T00:00:00 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=P6-TA-2009-344 title: T6-0344/2009 summary: The European Parliament adopted by 588 votes to 42, with 3 abstentions, a legislative resolution amending, under the first reading of the codecision procedure, the proposal for a directive of the European Parliament and of the Council amending Directive 2005/35/EC on ship source pollution and on the introduction of penalties for infringements. The amendments are the result of a compromise negotiated with the Council. The main amendments are as follows: Purpose : the compromise stipulates that the purpose of this Directive is to incorporate international standards for ship-source pollution into Community law and to ensure that persons responsible for discharges are subject to adequate penalties, including criminal penalties, in order to improve maritime safety and to enhance protection of the marine environment from pollution by ships. Infringements : under the terms of this Directive, illicit ship-source discharges of polluting substances will be considered as a criminal offence as long as they have been committed with intent, recklessly or with serious negligence and result in a deterioration of the quality of water. Less serious cases of illicit ship-source discharges of polluting substances that do not cause a deterioration of the quality of water need not be considered as criminal offences. Such discharges shall be referred to as “minor cases”. Repeated minor cases that do not in a singular case but in conjunction result in a deterioration in the quality of water shall be considered a criminal offence when committed with intent, recklessly or with serious negligence. Liability : each Member State shall take the measures necessary to ensure that legal and natural persons can be held liable for the criminal offences referred to in the Directive. Inciting, aiding and abetting : Member States shall ensure that inciting, aiding and abetting an offence committed with intent is punishable as a criminal offence. Penalties : infringements shall be subject to effective, proportionate and dissuasive penalties. Liability of legal persons : a new article stipulates that each Member State shall take the measures necessary to ensure that legal persons can be held liable for criminal offences committed for their benefit by any natural person acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on: a power of representation of the legal person; or an authority to take decisions on behalf of the legal person; or an authority to exercise control within the legal person. Moreover, a legal person can be held liable where lack of supervision or control by a natural person has made possible the commission of an offence for the benefit of that legal person by a natural person under its authority. The liability of a legal person shall not exclude criminal proceedings against natural persons who are involved as perpetrators, inciters or accessories in the criminal offences referred to in the Directive. Penalties against legal persons should be effective, proportionate and dissuasive.
  • date: 2009-09-14T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2009-10-21T00:00:00 type: Final act signed body: CSL
  • date: 2009-10-21T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2009-10-27T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to incorporate international standards for ship-source pollution into Community law and to ensure penalties for infringements of the law. LEGISLATIVE ACT : Directive 2009/123/EC of the European Parliament and of the Council amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements. BACKGROUND: to recall, in the aftermath of major accidental oil spills and the increasing number of uncontrolled operational discharges of polluting substances from ships at sea, the Commission proposed a directive in 2003. It provided that ship-source pollution should be considered a criminal offence and consequently should be subject to criminal penalties. The Commission also proposed Framework Decision 2003/80/JAI providing for the approximation of the levels of criminal penalties for the ship-source pollution criminal offences. These two instruments were adopted by the Council in 2005. However, the European Court of Justice annulled the above mentioned Framework Decision in 2007 considering that it was adopted on the wrong legal basis. The Commission proposed a new directive in March 2008 with a view to filling the legal vacuum created by the annulment by the Court. CONTENT: following a first reading agreement with the European Parliament, the Council adopted this Directive improving current rules on ship-source pollution and on the introduction of penalties for infringements. The objective of the directive is to incorporate international standards for ship-source pollution into Community law and to ensure that persons responsible for discharges of polluting substances are subject to adequate penalties, including criminal penalties, in order to improve maritime safety and to enhance protection of the marine environment from pollution by ships. Infringements : under this Directive, illicit ship-source discharges of polluting substances are regarded as a criminal offence as long as they have been committed with intent, recklessly or with serious negligence and result in deterioration in the quality of water. Less serious cases of illicit ship-source discharges of polluting substances that do not cause deterioration in the quality of water need not be regarded as criminal offences. Under this Directive such discharges are referred to as minor cases. Given the need to ensure a high level of safety and protection of the environment in the maritime transport sector, as well as the need to ensure the effectiveness of the principle whereby the polluting party pays for the damage caused to the environment, repeated minor cases, which do not individually but in conjunction result in deterioration in the quality of water, will be regarded as a criminal offence. Inciting, aiding and abetting : any act of inciting, or aiding and abetting an offence committed with intent is punishable as a criminal offence. Liability of legal persons : each Member State shall take the necessary measures to ensure that legal persons can be held liable for the criminal offences, committed for their benefit by any natural person acting either individually or as part of an organ of the legal person, and who has a leading position within the structure of the legal person, based on: a power of representation of the legal person; authority to take decisions on behalf of the legal person; or authority to exercise control within the legal person. Each Member State shall also ensure that a legal person can be held liable where lack of supervision or control by a natural person referred to in paragraph 1 has made the commission of a criminal offence possible for the benefit of that legal person by a natural person under its authority. The liability of a legal person will not exclude criminal proceedings against natural persons involved as perpetrators, inciters or accessories in criminal offences. ENTRY INTO FORCE: 16/11/2009. TRANSPOSITION: 16/11/2010. docs: title: Directive 2009/123 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32009L0123 title: OJ L 280 27.10.2009, p. 0052 url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2009:280:SOM:EN:HTML
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: Energy and Transport commissioner: TAJANI Antonio
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Old
TRAN/6/60658
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  • TRAN/6/60658
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http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32009L0123
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https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32009L0123
procedure/instrument
Old
Directive
New
  • Directive
  • Amending Directive 2005/35/EC 2003/0037(COD)
procedure/subject
Old
  • 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
  • 7.40.04 Judicial cooperation in criminal matters
New
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
7.40.04
Judicial cooperation in criminal matters
procedure/summary
  • Amending Directive 2005/35/EC
procedure/title
Old
Ship-source pollution and introduction of penalties, including criminal penalties, for pollution offences
New
Ship-source pollution and introduction of penalties, including criminal penalties, for pollution offences
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http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2009:280:TOC
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http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2009:280:SOM:EN:HTML
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PreLex
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EUR-Lex
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activities
  • date: 2008-03-11T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2008/0134/COM_COM(2008)0134_EN.pdf title: COM(2008)0134 type: Legislative proposal published celexid: CELEX:52008PC0134:EN body: EC type: Legislative proposal published commission: DG: Energy and Transport Commissioner: TAJANI Antonio
  • date: 2008-03-13T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: ENVI date: 2008-05-22T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: ALDE name: MATSAKIS Marios body: EP responsible: False committee: JURI date: 2008-09-22T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: LICHTENBERGER Eva body: EP responsible: True committee: TRAN date: 2008-04-10T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE-DE name: DE GRANDES PASCUAL Luis
  • body: CSL meeting_id: 2783 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=2783*&MEET_DATE=05/06/2008 type: Debate in Council title: 2783 council: Justice and Home Affairs (JHA) date: 2008-06-05T00:00:00 type: Council Meeting
  • date: 2009-02-17T00:00:00 body: EP committees: body: EP responsible: False committee: ENVI date: 2008-05-22T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: ALDE name: MATSAKIS Marios body: EP responsible: False committee: JURI date: 2008-09-22T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: LICHTENBERGER Eva body: EP responsible: True committee: TRAN date: 2008-04-10T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE-DE name: DE GRANDES PASCUAL Luis type: Vote in committee, 1st reading/single reading
  • date: 2009-02-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2009-80&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0080/2009 body: EP committees: body: EP responsible: False committee: ENVI date: 2008-05-22T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: ALDE name: MATSAKIS Marios body: EP responsible: False committee: JURI date: 2008-09-22T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: LICHTENBERGER Eva body: EP responsible: True committee: TRAN date: 2008-04-10T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE-DE name: DE GRANDES PASCUAL Luis type: Committee report tabled for plenary, 1st reading/single reading
  • body: CSL meeting_id: 2927 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=2927*&MEET_DATE=26/02/2009 type: Debate in Council title: 2927 council: Justice and Home Affairs (JHA) date: 2009-02-26T00:00:00 type: Council Meeting
  • date: 2009-05-04T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20090504&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2009-05-05T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16790&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-2009-344 type: Decision by Parliament, 1st reading/single reading title: T6-0344/2009 body: EP type: Results of vote in Parliament
  • date: 2009-09-14T00:00:00 body: CSL type: Council Meeting council: General Affairs meeting_id: 2960
  • date: 2009-09-14T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2009-10-21T00:00:00 body: CSL type: Final act signed
  • date: 2009-10-21T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2009-10-27T00:00:00 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=32009L0123 title: Directive 2009/123 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2009:280:TOC title: OJ L 280 27.10.2009, p. 0052
committees
  • body: EP responsible: False committee: ENVI date: 2008-05-22T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: ALDE name: MATSAKIS Marios
  • body: EP responsible: False committee: JURI date: 2008-09-22T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: LICHTENBERGER Eva
  • body: EP responsible: True committee: TRAN date: 2008-04-10T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE-DE name: DE GRANDES PASCUAL Luis
links
National parliaments
European Commission
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: Energy and Transport commissioner: TAJANI Antonio
procedure
dossier_of_the_committee
TRAN/6/60658
reference
2008/0055(COD)
subtype
Legislation
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EC Treaty (after Amsterdam) EC 080-p2
stage_reached
Procedure completed
summary
Amending Directive 2005/35/EC
instrument
Directive
title
Ship-source pollution and introduction of penalties, including criminal penalties, for pollution offences
type
COD - Ordinary legislative procedure (ex-codecision procedure)
final
subject