2023/0171(COD) | [ParlTrack]

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2005/35/EC
Article 10 c – paragraph 1

1. Based on information reported by Member States in accordance with Article 10a, the Commission shall make publicly available a regularly updated and fully disaggregatable Union-wide overview on the implementation and enforcement of this Directive. The overview shall include the information listed in Annex II to this Directive.

Amendment 102 #

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2005/35/EC
Article 10

1. Based on information reported by Member States in accordance with Article 10a, the Commission shall make publicly available a regularly updated Union-wide overview broken down per Member State on the implementation and enforcement of this Directive. The overview shall include the information listed in Annex II to this Directive.

Amendment 103 #

Bergur Løkke RASMUSSEN, Pierre KARLESKIND, Caroline NAGTEGAAL

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2005/35/EC
Article 10 c – paragraph 2

2. Without prejudice to Directive 2003/4/EC39 , the Commission shall take appropriate measures to protect the confidential~~ity of~~ parts of certain information obtained in implementation of this Directive. _________________ 39 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

Amendment 104 #

Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)

(15a) Article 10e Reporting of container loss 1. Member States shall require companies to report on a yearly basis on all the losses of containers which occurred when the vessel’s route was in European waters as defined in Article 3(1)(a), (b), (c), and (d). For each loss, the reporting should include the route of the vessel, as well as the cause and the location of the loss if they are known. 2. Member States shall compile the data reported by the companies in accordance to paragraph 1 in a report every year. They shall transmit this report to the European Commission and to EMSA.

Amendment 105 #

Proposal for a directive
Article 1 – paragraph 1 – point 17 a (new)

(17a) Article 12 is replaced by the following: Article 12 International Convention for the Prevention of Pollution from Ships ('Marpol 73/78') The Commission shall adopt, by ... [one year after the date of entry into force of this Directive], a delegated act in accordance with Article 12b supplementing this Directive with text of Marpol 73/78 and its annexes referred to in this Directive. The Commission is empowered to adopt delegated acts in accordance with Article 12b to amend that delegated act subsequently.

Amendment 106 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12 a – paragraph 1 – point a

(a) the experience gathered from the implementation of this Directive and other relevant EU legislation, such as the Marine Strategy Framework Directive or the ambient air quality directive; and

Amendment 107 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12 a – paragraph 1 – point a

(a) the experience gathered from the implementation of this Directive and other legislation related to maritime protection such as Directive 2008/56/EC; and

Amendment 108 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12 a – paragraph 1 – point a

(a) the experience gathered from the implementation of this Directive; and any other EU legislation;

Amendment 109 #

Bergur Løkke RASMUSSEN, Pierre KARLESKIND, Caroline NAGTEGAAL

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12 a – paragraph 1 – point b

(b) the information reported by Member States pursuant to Article 10a and the Union wide overview provided in accordance with Article 10c and the fulfilment of the Union’s commitments.

Amendment 110 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12 a – paragraph 1 – point b a (new)

(ba) a Member State notification identifying an issue which has an impact on the environmental status of its marine waters connected to ship-source pollution and which cannot be tackled by measures adopted at national level, or which is linked to another EU policy or international agreement, and informing the Commission accordingly by providing a justification; and

Amendment 111 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12 a – paragraph 1 – point b a (new)

(ba) fulfilment of the Union law and international commitments.

Amendment 112 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12 a – paragraph 1 – point b a (new)

(ba) latest scientific findings;

Amendment 113 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12 a – paragraph 1 – point b a (new)

(ba) scientific state of art;

Amendment 114 #

Bergur Løkke RASMUSSEN, Pierre KARLESKIND, Caroline NAGTEGAAL

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12 a – paragraph 1 – point b b (new)

(bb) where a Member State identifies an issue, which has an impact on the environmental status of its marine waters and which cannot be tackled by measures adopted at national level, or which is linked to another Community policy or international agreement, it shall inform the Commission accordingly and provide a justification to substantiate its view. The Commission shall respond within a period of six months;

Amendment 115 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12 a – paragraph 1 – point b b (new)

(bb) the latest scientific data;

Amendment 116 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12 a – paragraph 1 – point c (new)

1a. fulfilment of the European Union´s policies and/or international commitments.

Amendment 117 #

Sara CERDAS

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12 a – paragraph 2

2. As part of the review, the Commission shall assess the possibility of modifying the scope of this Directive, i~~f appropriate, in view of among other ele~~n view of developments ~~the~~under international standards for the prevention of air pollution from ships subject to regulation by Marpol 73/78, notably sulphur oxide and nitrogen oxide emissions from ships, as well as in view of other standards regulating discharges from ships which have been made subject to regulation by Marpol 73/78, such as black carbonconventions and EU legislation addressing, among other elements, marine litter, and container loss~~, loss of plastic pellets and underwater noise~~ for containers other than those already covered by Marpol Annex III.

Amendment 118 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12 a – paragraph 2

2. As part of the review, the Commission shall assess the possibility of modifying the ~~scope of this~~ Directive, if appropriate, in view of among other elements ~~the~~new international standards for the prevention of aiwater pollution from ships subject to regulation by Marpol 73/78, notably sulphur oxide and nitrogen oxide emissions from ships, as well as in view of other standards regulating discharges from ships which have been made subject to regulation by Marpol 73/78, such as black carbon, marine litter, container loss, loss of plastic pellets and underwater noise . On the basis of this review, the Commission shall submit a report to the European Parliament and the Council.

Amendment 119 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12 a – paragraph 2

2. As part of the review, the Commission shall assess the possibility of modifying the scope of this Directive~~, if appropriate, in view of among other ele~~ in view of developments ~~the~~under international standards for the prevention of air pollution from ships subject to regulation by Marpol 73/78, notably sulphur oxide and nitrogen oxide emissions from ships, as well as in view of other standards regulating discharges from ships which have been made subject to regulation by Marpol 73/78, such as black carbon, marine litter, container lossconventions and EU legislation in order to include other elements such as black carbon, marine litter, container loss for containers other than those already covered by Marpol Annex III, loss of plastic pellets and underwater noise.

Amendment 12 #

Proposal for a directive
Recital 4

(4) Directive (EU) 2019/883 of the European Parliament and of the Council20 ensures that waste is delivered to Union ports, where it is collected by adequate port reception facilities. The enforcement of Directive 2019/883/EC is, together with Directive 2005/35/EC, a key instrument in preventing ship-source pollution. In order to ensure an effective, integrated and coherent enforcement system vis-à-vis the provisions of Directive (EU) 2019/883 on waste delivery to port reception facilities, Directive 2005/35/EC should be amended in order to extend its scope to Annexes IV to VI to Marpol 73/78 and to other relevant EU legislation, in view of discouraging ships from discharging illegally polluting substances into the sea, instead of delivering them in port reception facilities in accordance with the provisions of Directive (EU) 2019/883. _________________ 20 Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116).

Amendment 120 #

Bergur Løkke RASMUSSEN, Pierre KARLESKIND, Caroline NAGTEGAAL

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12 a – paragraph 2

2. As part of the review, the Commission shall assess the possibility of modifying the scope of this Directive, if appropriate, in view of among other elements the international standards for the prevention of air pollution from ships subject to regulation by Marpol 73/78, notably sulphur oxide and nitrogen oxide emissions from ships, as well as in view of other standards regulating discharges from ships which have been made subject to regulation by Marpol 73/78, such as black carbon, marine litter, ~~container loss~~including from sources other than ships, container loss beyond those containers already covered by Marpol Annex III, loss of plastic pellets and underwater noise.

Amendment 121 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12 a – paragraph 2

2. As part of the review, the Commission shall assess the possibility of modifying the scope of this Directive, if appropriate, in view of among other elements the international standards for the prevention of ~~air~~ pollution from ships subject to regulation by Marpol 73/78, notably sulphur oxide and nitrogen oxide emissions from ships, as well as in view of other standards regulating discharges from ships which have been made subject to regulation by Marpol 73/78, such as black carbon, marine litter, container loss, loss of p. Any modification of the scope shall take into consideration existing international and EU legislation and avoid overlapping with existing EU legislasti~~c pellets and underwater noise~~ve provisions and enforcement mechanisms.

Amendment 122 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

2a. The Commission is empowered to adopt delegated acts for the sole purpose of updating without undue delay the definition of “polluting substances” within this directive, in case the definition of “polluting substances” changes in the IMO conventions and/or other relevant EU legislation. Any of these delegated acts shall be exempted from the obligations laid down in the Better Regulation Guidelines.

Amendment 123 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12 a – paragraph 2 a (new)

2a. If the definition of “polluting substances” changes in the IMO conventions and/or the EU legislations, the Commission should, without any delay, change the Directive´s definition of “polluting substances” accordingly.

Amendment 124 #

Proposal for a directive
Article 1 – paragraph 1 – point 18 a (new)

(18a) The following Article 12b is inserted: Exercise of delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 12 is conferred on the Commission for a period of five years from […]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes to such extension no later than three months before the end of each period. 3. The delegation of powers referred to in Article 12 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the powers specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and the Council. 5. A delegated act adopted pursuant to Article 12 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of the notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

Amendment 125 #

Proposal for a directive
Annex II – point 2 – point c a (new)

Directive 2005/35/EC
Article 10

(ca) Monitoring data concerning implementation of Directive 892/2016 uploaded on to THETIS system;

Amendment 13 #

Proposal for a directive
Recital 6

(6) Marpol 73/78 includes emissions from ships in the definition of discharges in Article 2 thereof. Annex VI to Marpol 73/78 addresses the prevention of air pollution from ships. Annex VI and the corresponding IMO guidelines on Exhaust Gas Cleaning Systems (EGCS) (Resolution MEPC.340 (77)) allow for the use of EGCS by ships of as an alternative compliance method to reduce sulphur oxide (SOx) emissions. Annex VI regulate the residue and discharge water from EGCS, either by prohibiting their discharge at sea and requiring their delivery to adequate port reception facilities (in the case of EGCS residue from close loops systems) or regulating the conditions for their discharge (in the case of discharge water from open loop systems). Directive (EU) 2016/802 of the European Parliament and of the Council21 transposes international SOx standards in Union law, while Directive (EU) 2019/883 ensures that EGCS residue is delivered in port reception facilities. Since EGCS residue and discharge water may cause pollution to the marine environment, the penalties provided under Directive 2005/35/EC should apply in case of illegal discharges. For those reasons, the scope of Directive 2005/35/EC should be extended to EGCS residue and discharge water, taking into account the guidelines developed by the IMO, without prejudice to the provisions of Directive (EU) 2016/802 setting out any stricter discharge norms and penalties therefor, with the particular aim to phase out open loop scrubbers. _________________ 21 Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 2016 relating to a reduction in the sulphur content of certain liquid fuels (codification) (OJ L 132, 21.5.2016, p. 58).

Amendment 14 #

Proposal for a directive
Recital 6 a (new)

(6a) This revision of Directive 2005/35/EC as amended by Directive 2009/123/EC should not simply act as a reminder of Member States' obligations in relation to Marpol 73/78 and facilitating their cross-border enforcement, but also as a step beyond in order to position the Union at the forefront of the global efforts to minimise ship-source pollution. Therefore, additional requirements should be established in relation to air pollution, such as black carbon, NOx, and underwater noise, among others, as well as more stringent obligation related to EGCS that dissuade the use of open loop scrubbers.

Amendment 15 #

Proposal for a directive
Recital 6 a (new)

(6a) Taking into consideration that this Directive incorporates into Union law standards from the International Convention for the Prevention of Pollution from Ships ('Marpol 73/78') of the International Maritime Organization (IMO), in its up-to-date version, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission for including in an Annex to this Directive text of Marpol 73/78 and its annexes referred to in this Directive, and for subsequently modifying those annexes when required.

Amendment 16 #

Proposal for a directive
Recital 6 b (new)

(6b) This Directive should apply to all ships in respect of release of polluting substances during their voyages from their last port of call to a port of call under the jurisdiction of a Member State, and from a port of call under the jurisdiction of a Member State to their next port of call, as well as within ports of call under the jurisdiction of a Member State.

Amendment 17 #

Proposal for a directive
Recital 9

(9) The penalties provisioned by Directive 2005/35/EC should be strengthened by ensuring consistent application of administrative penalties throughout the Union. To strengthen the deterrent effect of penalties imposed for ship-source pollution offences, such penalties should take at least the form of fines primarily imposed to the company of the ship~~, unless the company can prove that the master of the ship or a member or members of the crew, the latter not acting under the responsibility of the master, was responsible for the discharge~~. In this context, the company of ship means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, which has assumed the responsibility for the operation of the ship from the shipowner, in alignment with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (‘ISM Code’)24 , implemented in Union law by virtue of Regulation (EC) No 336/2006 of the European Parliament and of the Council25 . Directive 2005/35/EC should recognise that the management of the ship could be delegated by the registered owner to a different entity, which should then be held in the first place responsible for not implementing its obligations under the ISM Code to ensure the avoidance of damage to the environment or the assignment of shipboard operations to qualified personnel. _________________ 24 International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organisation by Assembly Resolution A.741(18) of 4 November 1993, as amended. 25 Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (Text with EEA relevance) (OJ L 64, 4.3.2006, p.1).

Amendment 18 #

Proposal for a directive
Recital 9

(9) The penalties provisioned by Directive 2005/35/EC should be strongly strengthened by ensuring consistent application of administrative penalties throughout the Union. To strengthen the deterrent effect of penalties imposed for ship-source pollution offences, such penalties should take at least the form of fines imposed to the company of the ship, ~~unless the company can prove that the master of the ship or a member or members of the crew, the latter not acting under the responsibility of th~~keeping, as a principle, that, even if the master or the crew should be accountable, company should remain responsible mas~~ter, w~~ a last res~~ponsible for the discharge~~ort. In this context, the company of ship means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, which has assumed the responsibility for the operation of the ship from the shipowner, in alignment with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (‘ISM Code’)24 , implemented in Union law by virtue of Regulation (EC) No 336/2006 of the European Parliament and of the Council25 . Directive 2005/35/EC should recognise that the management of the ship could be delegated by the registered owner to a different entity, which should then be held in the first place responsible for not implementing its obligations under the ISM Code to ensure the avoidance of damage to the environment or the assignment of shipboard operations to qualified personnel. _________________ 24 International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organisation by Assembly Resolution A.741(18) of 4 November 1993, as amended. 25 Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (Text with EEA relevance) (OJ L 64, 4.3.2006, p.1).

Amendment 19 #

Proposal for a directive
Recital 10

(10) National administrative and judicial authorities should take into account all relevant circumstances, including recidivism, when determining the level of penalties to be imposed to the polluter. Taking into account the diverse nature of polluting substances covered under Directive 2005/35/EC and the importance of consistent application of penalties across the Union in light of the cross-border nature of the regulated behaviour, further approximation and effectiveness of penalty levels should be fostered through the establishment of concrete criteria for the application of penalties for discharges of different polluting substances. In order to ensure the uniform conditions for the application of penalties, implementing powers should be conferred to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 . The examination procedure should be used for the adoption of these implementing acts. _________________ 26 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 20 #

Proposal for a directive
Recital 11

(11) When a Member State suspects that a ship ~~which is voluntarily within its port or at an off-shore terminal~~ committed an illegal discharge, an appropriate inspection should take place to establish the circumstances. In order to assist Member States with their obligations under Directive 2005/35/EC to inspect such ships, Annex I to Directive 2005/35/EC provides an non-exhaustive indicative list of irregularities or information that should be taken into account by competent authorities on a case-by-case basis when determining whether a ship should be considered suspect.

Amendment 21 #

Bergur Løkke RASMUSSEN, Pierre KARLESKIND, Caroline NAGTEGAAL

Proposal for a directive
Recital 12

(12) The accompanying measures for cooperation and the reporting obligations of Member States have not been sufficient until now to allow a complete analysis whether polluters face effective, dissuasive and proportionate penalties and that adequate data is made available to the Commission and/or EMSA to monitor the implementation of Directive 2005/35/EC. In order to ensure the effective and consistent enforcement of Directive 2005/35/EC, exchange of information and experience should be facilitated through enhanced cooperation, while at the same time ensuring that adequate data are made available to the Commission and/or EMSA in order to allow the proper monitoring of the implementation of Directive 2005/35/EC.

Amendment 22 #

Proposal for a directive
Recital 12

(12) The accompanying measures for cooperation and the reporting obligations of Member States have not been sufficient until now to allow a complete analysis whether polluters face effective, dissuasive and proportionate penalties and that adequate data is made available to the Commission to monitor the implementation of Directive 2005/35/EC. In order to ensure the effective and consistent enforcement of Directive 2005/35/EC, exchange of information ~~and experien~~, experience and best practices should be facilitated through enhanced cooperation, while at the same time ensuring that adequate data are made available to the Commission in order to allow the proper monitoring of the implementation of Directive 2005/35/EC.

Amendment 23 #

Proposal for a directive
Recital 13

(13) The existing satellite-based service ‘CleanSeaNet’ which notifies Member States authorities on potential illegal discharges, should be further enhanced to include information on the additional polluting substances under the scope of Directive 2005/35/EC. Information relating to potential or actual discharges reported by Member States in accordance with Directive 2005/35/EC and to other Union maritime safety databases, such as the Union Maritime Information and Exchange System established by Directive 2002/59/EC of the European Parliament and of the Council27 (‘SafeSeaNet’) and the Inspection Database set up by Directive 2009/16/EC of the European Parliament and of the Council28 (‘THETIS’) should be integrated and disseminated in a user- friendly electronic format to the national authorities involved in the enforcement chain in order to facilitate their timely response. Such information, when relating to an actual or potential discharge of Exhaust Gas Cleaning System residue from a ship, should further be automatically disseminated to the dedicated module of THETIS set up by under Commission Implementing Decision 2015/253 (‘THETIS-EU’), in order to assist Member States with enforcement actions undertaken in accordance with the provisions of Directive (EU) 2016/802. In order to ensure the effective monitoring of the Directive’s implementation by all Member States, a verification rate of 160% per year of the alerts sent by CleanSeaNet should be ensured by each Member State ~~within the first three years form the transposition of this Directive~~. Access to this information should be granted to the authorities of other Member States having an interest in it under their roles as port States of the next port of call, coastal States affected by the potential discharge or flag States of the ship in order to facilitate effective and timely cross-border cooperation, minimise the administrative burden of enforcement activities and ultimately effectively penalise offenders for infringements of Directive 2005/35/EC. _________________ 27 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10). 28 Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ L 131, 28.5.2009, p. 57).

Amendment 24 #

Bergur Løkke RASMUSSEN, Pierre KARLESKIND, Caroline NAGTEGAAL

Proposal for a directive
Recital 13

(13) The existing satellite-based service ‘CleanSeaNet’ which notifies Member States authorities on potential illegal discharges, should be further enhanced to include information on the additional polluting substances under the scope of Directive 2005/35/EC. Information relating to potential or actual discharges reported by Member States in accordance with Directive 2005/35/EC and to other Union maritime safety databases, such as the Union Maritime Information and Exchange System established by Directive 2002/59/EC of the European Parliament and of the Council27 (‘SafeSeaNet’) and the Inspection Database set up by Directive 2009/16/EC of the European Parliament and of the Council28 (‘THETIS’) should be integrated and disseminated in a user- friendly electronic format to the national authorities involved in the enforcement chain in order to facilitate their timely response. Such information, when relating to an actual or potential discharge of Exhaust Gas Cleaning System residue from a ship, should further be automatically disseminated to the dedicated module of THETIS set up by under Commission Implementing Decision 2015/253 (‘THETIS-EU’), in order to assist Member States with enforcement actions undertaken in accordance with the provisions of Directive (EU) 2016/802. In order to ensure the effective monitoring of the Directive’s implementation by all Member States, a verification rate of 160% per year of the alerts sent by CleanSeaNet should be ensured by each Member State within the first three years form the transposition of this Directive. Access to this information should be granted to the authorities of other Member States having an interest in it under their roles as port States of the next port of call, coastal States affected by the potential discharge or flag States of the ship in order to facilitate effective and timely cross-border cooperation, minimise the administrative burden of enforcement activities and ultimately effectively penalise offenders for infringements of Directive 2005/35/EC. _________________ 27 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10). 28 Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ L 131, 28.5.2009, p. 57).

Amendment 25 #

Proposal for a directive
Recital 13

(13) The existing satellite-based service ‘CleanSeaNet’ which notifies Member States authorities on potential illegal discharges, should be further enhanced to include information on the additional polluting substances under the scope of Directive 2005/35/EC. Information relating to potential or actual discharges reported by Member States in accordance with Directive 2005/35/EC and to other Union maritime safety databases, such as the Union Maritime Information and Exchange System established by Directive 2002/59/EC of the European Parliament and of the Council27 (‘SafeSeaNet’) and the Inspection Database set up by Directive 2009/16/EC of the European Parliament and of the Council28 (‘THETIS’) should be integrated and disseminated in a user- friendly electronic format to the national authorities involved in the enforcement chain in order to facilitate their timely response. Such information, when relating to an actual or potential discharge of Exhaust Gas Cleaning System residue from a ship, should further be automatically disseminated to the dedicated module of THETIS set up by under Commission Implementing Decision 2015/253 (‘THETIS-EU’), in order to facilitate and assist Member States with enforcement actions undertaken in accordance with the provisions of Directive (EU) 2016/802. In order to ensure the effective monitoring of the Directive’s implementation by all Member States, a verification rate of 150% per year of the alerts sent by CleanSeaNet should be ensured by each Member State within the first three years form the transposition of this Directive. Access to this information should be granted to the authorities of other Member States having an interest in it under their roles as port States of the next port of call, coastal States affected by the potential discharge or flag States of the ship in order to facilitate effective and timely cross-border cooperation, minimise the administrative burden of enforcement activities and ultimately effectively penalise offenders for infringements of Directive 2005/35/EC. _________________ 27 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10). 28 Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ L 131, 28.5.2009, p. 57).

Amendment 26 #

Sara CERDAS

Proposal for a directive
Recital 13

(13) The existing satellite-based service ‘CleanSeaNet’ which notifies Member States authorities on potential illegal discharges, should be further enhanced to include information on the additional polluting substances under the scope of Directive 2005/35/EC. Information relating to potential or actual discharges reported by Member States in accordance with Directive 2005/35/EC and to other Union maritime safety databases, such as the Union Maritime Information and Exchange System established by Directive 2002/59/EC of the European Parliament and of the Council27 (‘SafeSeaNet’) and the Inspection Database set up by Directive 2009/16/EC of the European Parliament and of the Council28 (‘THETIS’) should be integrated and disseminated in a user- friendly electronic format to the national authorities involved in the enforcement chain in order to facilitate their timely response. Such information, when relating to an actual or potential discharge of Exhaust Gas Cleaning System residue from a ship, should further be automatically disseminated to the dedicated module of THETIS set up by under Commission Implementing Decision 2015/253 (‘THETIS-EU’), in order to assist Member States with enforcement actions undertaken in accordance with the provisions of Directive (EU) 2016/802. In order to ensure the effective monitoring of the Directive’s implementation by all Member States, a verification rate of 120% per year of the alerts sent by CleanSeaNet should be ensured by each Member State within the first three years form the transposition of this Directive. Access to this information should be granted to the authorities of other Member States having an interest in it under their roles as port States of the next port of call, coastal States affected by the potential discharge or flag States of the ship in order to facilitate effective and timely cross-border cooperation, minimise the administrative burden of enforcement activities and ultimately effectively penalise offenders for infringements of Directive 2005/35/EC. _________________ 27 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10). 28 Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ L 131, 28.5.2009, p. 57).

Amendment 27 #

Bergur Løkke RASMUSSEN, Pierre KARLESKIND, Caroline NAGTEGAAL

Proposal for a directive
Recital 14

(14) The Sub-group on Waste from Ships, which was set up under the European Sustainable Shipping Forum, and which brought together a wide range of experts in the field of ship-source pollution and the management of waste from ships, was adjourned in December 2017 in view of the start of interinstitutional negotiations of Directive (EU) 2019/883. Since that temporary Sub-group provided valuable guidance and expertise to the Commission, a similar expert group should be created with a mandate of exchanging experience on the application of this Directive in order to assist Member States in building their capacity to prevent, detect and verify pollution incidents and ensure the effective enforcement of Directive 2005/35/EC.

Amendment 28 #

Bergur Løkke RASMUSSEN, Pierre KARLESKIND, Caroline NAGTEGAAL

Proposal for a directive
Recital 15

(15) The European Maritime Safety Agency (‘EMSA’) established by Regulation (EU) xxxx/xxxx29 should provide the necessary support to the Commission to ensure the implementation of this Directive including the reporting of container loss. _________________ 29 OJ L xxxx.

Amendment 29 #

Proposal for a directive
Recital 15

(15) The European Maritime Safety Agency (‘EMSA’) established by Regulation (EU) xxxx/xxxx29 should provide the necessary support to the Commission and relevant Member State authorities to ensure the implementation of this Directive. _________________ 29 OJ L xxxx.

Amendment 30 #

Bergur Løkke RASMUSSEN, Pierre KARLESKIND, Caroline NAGTEGAAL

Proposal for a directive
Recital 15 a (new)

(15a) Container loss reporting in Europe should improve data and knowledge on ocean container pollution to inform future international, European and national initiatives to reduce it.

Amendment 31 #

Proposal for a directive
Recital 16

(16) Member States should report to the Commission the information needed to ensure a proper monitoring of the implementation of Directive 2005/35/EC in a disaggregated way, enabling the proper identification of each concerned ship and the related infringements. In order to limit administrative burden and assist the Commission in analysing the data provided by Member States, such information should be reported by Member States through a dedicated electronic reporting tool. To the extent that such information relates to penalties imposed to or involving natural persons, such information shall be anonymised. In order to ensure that information reported in accordance with Directive 2005/35/EC is comparable in type among Member States and collected on the basis of a harmonised electronic format and procedure for reporting, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

Amendment 32 #

Bergur Løkke RASMUSSEN, Pierre KARLESKIND, Caroline NAGTEGAAL

Proposal for a directive
Recital 16

(16) Member States should report to ~~the Commission~~EMSA the information needed to ensure a proper monitoring of the implementation of Directive 2005/35/EC. In order to limit administrative burden and assist the Commission in analysing the data provided by Member States, such information should be reported by Member States through a dedicated electronic reporting tool developed by EMSA. To the extent that such information relates to penalties imposed to or involving natural persons, such information shall be anonymised. In order to ensure that information reported in accordance with Directive 2005/35/EC is comparable in type among Member States and collected on the basis of a harmonised electronic format and procedure for reporting, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

Amendment 33 #

(17) In order to assist Member States with the development of their capacities regarding effective enforcement of Directive 2005/35/EC by the national administrative and judicial authorities, the Commission and the European Maritime Safety Agency should provide Member States with guidance and training relating to, inter alia, best methods and practices for detection, verification and evidence collection, as well as guidance on relevant regulatory developments of Marpol 73/78 and on technological developments available, including new digital tools, in order to facilitate effective, cost-efficient and targeted enforcement activities.

Amendment 34 #

Proposal for a directive
Recital 17

(17) In order to assist Member States with the development of their capacities regarding effective enforcement of Directive 2005/35/EC by the national administrative and judicial authorities, the Commission should provide Member States with guidance and training relating to, inter alia, best methods and practices for detection, verification and evidence collection, including source protection, as well as guidance on relevant regulatory developments of Marpol 73/78 and on technological developments available, including new digital tools, in order to facilitate effective, cost-efficient and targeted enforcement activities.

Amendment 35 #

Proposal for a directive
Recital 17

(17) In order to assist Member States with the development of their capacities regarding effective enforcement of Directive 2005/35/EC by the national administrative and judicial authorities, ~~the Commission~~EMSA should provide Member States with guidance and training relating to, inter alia, best methods and practices for detection, verification and evidence collection, as well as guidance on relevant regulatory developments of Marpol 73/78 and on technological developments available, including new digital tools, in order to facilitate effective, cost-efficient and targeted enforcement activities.

Amendment 36 #

Proposal for a directive
Recital 18

(18) In order to increase public awareness in ship-source pollution discharges ~~and~~, improve environmental protection and strengthen enforcement action against pollution, information provided by ~~the~~ Member States on the application of Directive 2005/35/EC and Directive (EU) 2016/802 should be made publicly available ~~through a Union-wide overv~~Union-wide in the form of detailed information on checks, warnings and penaltiews and include the information listed in Annex II of Directive 2005/35/EC. as well as in-depth checks and infringements available to the public under the EU Sulphur Directive 2016/802 and the provisions of Annex VI to Marpol on NOx. . Directive 2003/4/EC of the European Parliament and of the Council30 aims to guarantee the right of access to environmental information in the Member States in line with the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention), to which the Union is a party. The ~~Commission should protect the~~ confidentiality of information received by the Commission from the Member States, is without prejudice to the provisions of Directive 2003/4/EC. _________________ 30 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

Amendment 37 #

Proposal for a directive
Recital 18

(18) In order to increase public awareness in ship-source pollution discharges and improve environmental protection, information provided by the Member States on the application of Directive 2005/35/EC should be made publicly available in a disaggregated form available through a Union-wide overview and include the information listed in Annex II of Directive 2005/35/EC. Directive 2003/4/EC of the European Parliament and of the Council30 aims to guarantee the right of access to environmental information in the Member States in line with the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention), to which the Union is a party. The Commission should protect the confidentiality of information received by Member States, without prejudice to the provisions of Directive 2003/4/EC. _________________ 30 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

Amendment 38 #

Proposal for a directive
Recital 18

(18) In order to increase public awareness in ship-source pollution discharges and improve environmental, human and animal protection, information provided by the Member States on the application of Directive 2005/35/EC should be made publicly available through a Union-wide overview and include the information listed in Annex II of Directive 2005/35/EC. Directive 2003/4/EC of the European Parliament and of the Council30 aims to guarantee the right of access to environmental information in the Member States in line with the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention), to which the Union is a party. The Commission should protect the confidentiality of information received by Member States, without prejudice to the provisions of Directive 2003/4/EC. _________________ 30 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

Amendment 39 #

Proposal for a directive
Recital 18 a (new)

(18a) On the basis of the information provided by the Member States under Article 10(a) and Directive 802/2016, the Commission shall make regularly updated data on the implementation and application of this Directive publically available EU-wide, thus ensuring transparency of information on the checks carried out, the entities checked and infringements established. The overview shall include the information listed in Annex II to this Directive.

Amendment 40 #

Proposal for a directive
Recital 19

(19) Directive (EU) 2019/1937 of the European Parliament and of the Council31 lays down minimum standards on reporting of breaches of Union law, including of Directive 2005/35/EC and for the protection of persons reporting such breaches. Member States should ensure, in particular, that crew under the scope of Directive (EU) 2019/1937 reporting actual or potential illegal discharges are granted protection, adequate support and material means, where necessary. In addition to the existing reporting channels provided at national level as regulated under Directive (EU)2019/1937, the Commission should make available a centralised online external reporting channel for reporting actual or potential illegal discharges and relay such reports to the Member State or Member States concerned, which should subsequently handle these reports in accordance with Directive (EU) 2019/1937, including with regards to acknowledgement of receipt, adequate feedback and follow-up. The Commission should ensure the protection of the confidentiality of the identity of reporting persons, including, where necessary, by restricting the exercise of certain data protection rights of persons concerned, such as of individuals included in the report as participating in the potential illegal discharge, in line with Article 25(1) points (c) and (h) and Article 25(2) of Regulation (EU) 2018/1725 of the European Parliament and of the Council32 , to the extent and as long as necessary to prevent and address attempts to hinder reporting or to impede, frustrate or slow down follow-up, in particular investigations, or attempts to find out the identity of the reporting persons. _________________ 31 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17). 32 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (Text with EEA relevance) (OJ L 295, 21.11.2018, p. 39).

Amendment 41 #

Proposal for a directive
Recital 19

(19) Directive (EU) 2019/1937 of the European Parliament and of the Council31 lays down minimum standards on reporting of breaches of Union law, including of Directive 2005/35/EC and for the protection of persons reporting such breaches. Member States should ensure, in particular, that crew under the scope of Directive (EU) 2019/1937 reporting actual or potential illegal discharges are granted protection. In addition to the existing reporting channels provided at national level as regulated under Directive (EU)2019/1937, ~~the Commission~~EMSA should make available a centralised online external reporting channel for reporting actual or potential illegal discharges and relay such reports to the Member State or Member States concerned, which should subsequently handle these reports in accordance with Directive (EU) 2019/1937, including with regards to acknowledgement of receipt, adequate feedback and follow-up. The Commission should ensure the protection of the confidentiality of the identity of reporting persons, including, where necessary, by restricting the exercise of certain data protection rights of persons concerned, such as of individuals included in the report as participating in the potential illegal discharge, in line with Article 25(1) points (c) and (h) and Article 25(2) of Regulation (EU) 2018/1725 of the European Parliament and of the Council32 , to the extent and as long as necessary to prevent and address attempts to hinder reporting or to impede, frustrate or slow down follow-up, in particular investigations, or attempts to find out the identity of the reporting persons. _________________ 31 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17). 32 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (Text with EEA relevance) (OJ L 295, 21.11.2018, p. 39).

Amendment 42 #

Proposal for a directive
Recital 21

(21) Discussions are ongoing at the IMO regarding new environmental issues in relation to international shipping, resulting in both water and air pollution. These include the water pollutants of marine litter, such as the loss of containers and plastic pellets, and underwater noise and air pollutants such as black carbon. These discussions may result in new regulations under Marpol 73/78. Moreover, Directive 2008/56/EC of the European parliament and of the Council34 requires Member States to achieve good environmental status in the marine environment, which includes, amongst others, marine litter and underwater noise from ships as qualitative descriptors. Noise pollution, produced by the commercial shipping sector, negatively impacts marine life and habitats. Sound is essential for the survival of many marine animals, as they use it to find food, communicate with one another and avoid predators. Underwater noise pollution is detrimental to marine species both in the short and long term, particularly to marine mammals, but also to fish, crustaceans, and invertebrates. Relatedly, Directive (EU) 2023/xxxx35 sets limit values for nitrogen dioxide (NO2) resulting from nitrogen oxide (NOx) emissions. Shipping activities contribute to higher NO2 levels in coastal and port areas. Against this background, a future review of Directive 2005/35/EC should take into account new developments and the Commission should examine the possibility of modifying the scope of this Directive, if appropriate, in view of any new international standards under Marpol 73/78. A future review should assess the possibility of modifying the scope of Directive 2005/35/EC, if appropriate, to incorporate SOx and NOx emissions, as regulated in Annex VI to Marpol, based on the experience gained in implementing the Directive (EU) 2016/802 and on the development and maturity of monitoring and detecting SOx and NOx emissions from ships, with a view to ensure a coherent, efficient and effective enforcement regime, as well as the imposition of dissuasive penalties therefor, in line with the Zero Pollution Action Plan and, in particular, Flagship 5 thereof ‘Enforcing zero pollution together’. _________________ 34 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (Text with EEA relevance) (OJ L 164, 25.6.2008, p. 19). 35 OJ L xxxx.

Amendment 43 #

Proposal for a directive
Recital 21

(21) Discussions are ongoing at the IMO regarding new environmental issues in relation to international shipping, resulting in both water and air pollution. These include the water pollutants of marine litter, such as the loss of containers and plastic pellets, and underwater noise and air pollutants such as black carbon. These discussions may result in new regulations under Marpol 73/78. Moreover, Directive 2008/56/EC of the European parliament and of the Council34 requires Member States to achieve good environmental status in the marine environment, which includes, amongst others, marine litter and underwater noise from ships as qualitative descriptors. Relatedly, Directive (EU) 2023/xxxx35 sets limit values for nitrogen dioxide (NO2) resulting from nitrogen oxide (NOx) emissions. Shipping activities contribute to higher NO2 levels in coastal and port areas. Against this background, ~~a future review of~~ Directive 2005/35/EC should take into account these new developments and the Commission should ~~examine the possibility of~~be empowered to dynamically modify~~ing~~ the scope of this Directive~~, if appropriate,~~ in view of any new international standards under Marpol 73/78. ~~A future review should assess the possibility of modifying the scope~~Nonetheless, already the current revision of Directive 2005/35/EC~~, if appropriate, to~~ should incorporate SOx and NOx emissions, as regulated in Annex VI to Marpol, based on the experience gained in implementing the Directive (EU) 2016/802 and on the development and maturity of monitoring and detecting SOx and NOx emissions from ships, with a view to ensure a coherent, efficient and effective enforcement regime, as well as the imposition of dissuasive penalties therefor, in line with the Zero Pollution Action Plan and, in particular, Flagship 5 thereof ‘Enforcing zero pollution together’. _________________ 34 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (Text with EEA relevance) (OJ L 164, 25.6.2008, p. 19). 35 OJ L xxxx.

Amendment 44 #

(21) Discussions are ongoing at the IMO regarding new environmental issues in relation to international shipping, resulting in both water and air pollution. These include the water pollutants of marine litter, such as the loss of containers and plastic pellets, and underwater noise and air pollutants such as black carbon. These discussions may result in new regulations under Marpol 73/78. Moreover, Directive 2008/56/EC of the European parliament and of the Council34 requires Member States to achieve good environmental status in the marine environment, which includes, amongst others, marine litter and underwater noise from ships as qualitative descriptors. Relatedly, Directive (EU) 2023/xxxx35 sets limit values for nitrogen dioxide (NO2) resulting from nitrogen oxide (NOx) emissions. Shipping activities contribute to higher NO2 levels in coastal and port areas. Against this background, a future review of Directive 2005/35/EC should take into account new developments and the Commission assisted by EMSA should examine the possibility of modifying the scope of this Directive, if appropriate, in view of any new international standards under Marpol 73/78. A future review should assess the possibility of modifying the scope of Directive 2005/35/EC, if appropriate, to incorporate SOx and NOx emissions, as regulated in Annex VI to Marpol, based on the experience gained in implementing the Directive (EU) 2016/802 and on the development and maturity of monitoring and detecting SOx and NOx emissions from ships, with a view to ensure a coherent, efficient and effective enforcement regime, as well as the imposition of dissuasive penalties therefor, in line with the Zero Pollution Action Plan and, in particular, Flagship 5 thereof ‘Enforcing zero pollution together’. _________________ 34 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (Text with EEA relevance) (OJ L 164, 25.6.2008, p. 19). 35 OJ L xxxx.

Amendment 45 #

Proposal for a directive
Recital 21 a (new)

(21a) The use of open loop scrubbers and their polluting discharge into maritime waters is against article 195 on Law of the Sea (UNCLOS). As such, this revision of Directive 2005/35/EC already needs to incorporate the use of such technology, together with other illegal discharges of wash water from Exhaust Gas Cleaning Systems, as an infringement within its scope.

Amendment 46 #

Proposal for a directive
Recital 21 b (new)

(21b) Black carbon (soot) represents 21% of shipping's climate impact, and the ultra fine PM has severe impacts on human health. Moreover, in line with the joint interinstitutional declaration JOIN/2021/27, tackling black carbon is essential in order to ensure the protection of the Arctic region. Therefore, all those emissions should already be included within the scope of this revision of Directive 2005/35/EC.

Amendment 47 #

Proposal for a directive
Recital 21 c (new)

(21c) This revision should also ensure particular attention to the infringements related to the procedures of tank washings, with regard to Annex II Marpol 73/78 and in observation of its Regulation 13.7.1.4 requirements in terms of pre- washing, as well as to the frequent discharge of plastic pellets or microbeads, with regard to Annex III Marpol 73/78, and all other sorts of marine litter, beyond Annex V Marpol 73/78, as well as already set a framework for potential infringements in terms of excessive underwater noise, with proven detrimental effects to marine life, particularly for certain species of cetaceans.

Amendment 48 #

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive 2005/35/EC
Title

~~Directive of the European Parliament and of the Council on the enforcement of international standards on pollution from ships and on the introduction of penalties for pollution offences;~~deleted

Amendment 49 #

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive 2005/35/EC
Title

Directive of the European Parliament and of the Council on ship-source pollution and the enforcement of international standards on pollution from ships and on the introduction of penalties for pollution offences;

Amendment 50 #

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive 2005/35/EC
Title

Directive of the European Parliament and of the Council on the enforcement of international and EU standards on pollution from ships and on the introduction of penalties for pollution offences;

Amendment 51 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2005/35/EC
Article 1

1. The purpose of this Directive is to incorporate into Union law international standards on pollution from ships and to ensure that persons responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate administrative penalties in order to improve maritime safety and to enhance protection of the marine environment from pollution by ships.deleted

Amendment 52 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2005/35/EC
Article 1 – paragraph 1

1. The purpose of this Directive is to cover and reduce all ship-source pollution, such as container loss at sea, open-loop scrubber discharge, black carbon and underwater noise and to incorporate into Union law international standards on pollution from ships, as well as other relevant Union standards, and to ensure that persons and companies responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate administrative penalties in order to improve maritime safety and to enhance protection of the marine environment from pollution by ships.

Amendment 53 #

Bergur Løkke RASMUSSEN, Pierre KARLESKIND, Caroline NAGTEGAAL

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2005/35/EC
Article 1 – paragraph 1

1. The purpose of this Directive is to incorporate ~~into Union law~~ international standards ~~on pollution from ships~~for ship-source pollution into Union law and to ensure that persons responsible for ~~illegal~~ discharges ~~of polluting substances are subject to dissuasive, effective and proportionate administrat~~and are subject to adequate and dissuasive penalties in order to improve maritime safety and to enhance protection of the marine environment from pollution by ships.

Amendment 54 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

2005/35/EC
Article 1 – paragraph 1 a

1a. The present Directive also aims to introduce new reporting obligations on the loss of containers at sea in order to obtain reliable data and ultimately reduce ship-source pollution.

Amendment 55 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2005/35/EC
Article 1 – paragraph 2

2. This Directive does not prevent Member States from taking more stringent measures in conformity with the Union and international law, by providing for administrative or criminal penalties in accordance with their national law.';

Amendment 56 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2005/35/EC
Article 2 – paragraph 2

2. ‘polluting substances’ means substances subject to regulation by Marpol 73/78 Annexes I (oil), II (noxious liquid substances in bulk), III (harmful substances carried by sea in packaged form), IV (sewage from ships), V (garbage from ships) and Exhaust Gas Cleaning System residueall Annexes of Marpol 73/78, as well as direct or indirect introduction of other substances, mixtures and objects into the marine environment or ambient air, as a result of human activity. This includes containers, microbeads and pellets, and human-induced marine underwater noise, which results or is likely to result in deleterious effects such as harm to living resources and marine ecosystems, including loss of biodiversity, hazards to human health, the hindering of marine activities, including fishing, tourism and recreation and other legitimate uses of the sea, impairment of the quality for use of sea water and reduction of amenities or, in general, impairment of the sustainable use of marine goods and services;

Amendment 57 #

Sara CERDAS

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2005/35/EC
Article 2 – paragraph 2

2. ‘polluting substances’ shall means substances subject to regulation by Marpol 73/78 Annexes I (oil), II (noxious liquid substances in bulk), III (harmful substances carried by sea in packaged form), IV (sewage from ships), V (garbage from ships) and Exhaust Gas Cleaning System residuecovered by all Annexes to Marpol 73/78, as well as direct or indirect introduction into the marine environment, as a result of human activity, of any substances or energy, including human- induced marine underwater noise, which results or is likely to result in deleterious effects such as harm to living organism and marine ecosystems, including loss of biodiversity, hazards to human health, or, in general, impairment of the sustainable use of marine goods and services;

Amendment 58 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2005/35/EC
Article 2 – paragraph 2

2. ‘polluting substances’ means substances subject to regulation by Marpol 73/78 Annexes I (oil), II (noxious liquid substances in bulk), III (harmful substances carried by sea in packaged form), IV (sewage from ships), V (garbage from ships) and Exhaust Gas Cleaning System residueall Annexes Marpol 73/78, as well as direct or indirect introduction into the marine environment, as a result of human activity, of substances or energy, including human-induced marine underwater noise, which results or is likely to result in deleterious effects such as harm to living resources and marine ecosystems, including loss of biodiversity, hazards to human health, the hindering of marine activities, impairment of the quality for use of sea water and reduction of amenities or, in general, impairment of the sustainable use of marine goods and services;

Amendment 59 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2005/35/EC
Article 2 – paragraph 2

2. ‘polluting substances’ means substances subject to regulation by Marpol 73/78 Annexes ~~I (oil), II (noxious liquid substances in bulk), III (harmful substances carried by sea in packaged form), IV (sewage from ships), V (garbage from ships) and Exhaust Gas Cleaning System residue~~in their up-to-date version;

Amendment 60 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2005/35/EC
Article 2 – paragraph 2 a (new)

2a. 'pollution' means pollution as defined in Article 3 paragraph 8 of Directive (EU) 2008/56/EC;

Amendment 61 #

Bergur Løkke RASMUSSEN, Pierre KARLESKIND, Caroline NAGTEGAAL

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2005/35/EC
Article 2 – paragraph 3

3. ‘Exhaust Gas Cleaning System residue’ shall mean any material removed from the washwater or the bleed-off water by a treatment system or discharge water that does not meet the discharge criterion set out in relevant IMO guidelines, or other residue material removed from the exhaust gas cleaning system ~~discharged overboard~~ as a result of the operation of a compliance method for emissions reductions, as defined in Annex VI Regulation 4 to Marpol 73/78, used as an alternative in terms of emissions reductions to the standards set forth in Regulation 14 of Annex VI to Marpol 73/78, taking into account the guidelines developed by the IMO;

Amendment 62 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2005/35/EC
Article 2 – paragraph 3

Amendment 63 #

Bergur Løkke RASMUSSEN, Pierre KARLESKIND, Caroline NAGTEGAAL

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2005/35/EC
Article 2 – paragraph 3 – point a

~~(a) ‘discharge’ shall mean any release howsoever caused from a ship, as referred to in Article 2 of Marpol 73/78;~~deleted

Amendment 64 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2005/35/EC
Article 2 – paragraph 3 – point a

~~(a) ‘discharge’ shall mean any release howsoever caused from a ship, as referred to in Article 2 of Marpol 73/78;~~deleted

Amendment 65 #

Bergur Løkke RASMUSSEN, Pierre KARLESKIND, Caroline NAGTEGAAL, Carlo FIDANZA

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2005/35/EC
Article 2 – paragraph 3 a (new)

(a) ‘discharge’ shall mean any release howsoever caused from a ship, as referred to in Article 2 of Marpol 73/78;

Amendment 66 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2005/35/EC
Article 2 – paragraph 3 a (new)

3a. ‘discharge’ shall mean any release howsoever caused from a ship, as referred to in Article 2 of Marpol 73/78;

Amendment 67 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)

Directive 2005/35/EC
Article 3

Article 3 Scope 1. This Directive shall apply, in accordance with international law, to discharges of polluting substances in: (a) the internal waters, including ports, of a Member State, in so far as the Marpol regime is applicable; (b) the territorial sea of a Member State; (c) straits used for international navigation subject to the regime of transit passage, as laid down in Part III, section 2, of the 1982 United Nations Convention on the Law of the Sea, to the extent that a Member State exercises jurisdiction o(3a) Article 3 is replaced by the following "Article 3 Scope 1. This Directive applies to all ships in respect of polluting substances, objects and noise released during their voyages from their last port of call to a port of call under the jurisdiction of a Member State and from a port of call under the jurisdiction of a Member State to their next port of call, as well as within ports of call under the jurisdiction of a Member State. 2. This Directiver s~~uch straits; (d) the exclusive economic zone or equivalent zone of a Member State, established in accordance with international law; and (e) the high seas.~~ hall apply to discharges of polluting substances from any ship, irrespective of its flag, owner, cargo or size." Or. en (Document 32005L0035)

Amendment 68 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2005/35/EC
Article 4 – paragraph 1

1. Member States shall ensure that discharges of polluting substances, including minor cases of such discharges, into any of the areas set out in Article 3(1) are regarded as infringements, unless:

Amendment 69 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2005/35/EC
Article 4 – paragraph 1 – point c

(c) for polluting substances subject to regulation by Annex III to Marpol 73/78, including plastic microbeads or pellets, it satisfies the conditions set out in Annex III Regulation 8.1 to Marpol 73/78;

Amendment 70 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2005/35/EC
Article 4 – paragraph 1 – point f

(f) 'for Exhaust Gas Cleaning System residue, it satisfies the conditions set out in Annex VI Regulation 4, including relevant guidelines set out by the International Maritime Organization that are referred to in Regulation 4, or Regulations 14.1, 14.4, 14.6 and 3.1.1 to Marpol 73/78’.

Amendment 71 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2005/35/EC
Article 4 – paragraph 1 – point f a

(fa) for other pollutant substance subject to regulation by Annex VI to Marpol 73/78, such as nitrogen oxides, it satisfies the conditions set out in Annex VI Regulations 13.1 (b) to Marpol 73/78.

Amendment 72 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2005/35/EC
Article 4 – paragraph 1 a

1a. Member States shall ensure that for ships under European flag, discharges of other pollutants already addressed under MARPOL into any of the areas set out in Article 3(1) are regarded as infringements, in accordance to the related IMO requirements, as well as excessive pollution covered by relevant Union standards, such as the Marine Strategy Framework Directive are also regarded as infringements, particularly relating to: (a) marine litter; (b) SOx; (c) NOx; (d) black carbon, as set on MEPC. 342(77); (e) methane; (f) N2O; (g) PM; (h) scrubber wastewater discharges; (i) underwater noise; (j) plastic microbeads or pellets.

Amendment 73 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2005/35/EC
Article 5 – paragraph 1

1. A discharge of polluting substances subject to regulation by Annexes I, II and VI to Marpol 73/78 into the areas set out in Article 3(1) points (b), (c), (d) and (e) shall not be regarded as an infringement for the company, the master or the crew, if both of the following conditions are fulfilled:

Amendment 74 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2005/35/EC
Article 5 – paragraph 1

Amendment 75 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2005/35/EC
Article 5 – paragraph 1

1. A discharge of polluting substances subject to regulation by Annexes I~~, II~~ and VII to Marpol 73/78 into the areas set out in Article 3(1) points (c), (d) and (e) shall not be regarded as an infringement for the company, the master or the crew, if both of the following conditions are fulfilled:

Amendment 76 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2005/35/EC
Article 8 – paragraph 1

1. Without prejudice to the obligations of Member States under Directive (EU) 2023/xxxx36 Member States shall lay down a system of administrative penalties for the breach of national provisions implementing Articles 4 and Article 5(2) of this Directive and shall ensure that they are applied. The administrative penalties provided for shall be ~~dissuasive, effective and proportionate~~effective and sufficiently dissuasive to ensure that company will take the necessary measures to prevent such infringements. _________________ 36 OJ L xxxx.

Amendment 77 #

Isabel GARCÍA MUÑOZ

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2005/35/EC
Article 8 – paragraph 2

2. Member States shall ensure that penalties introduced in transposition of this Directive include fines which are imposed to the company at the time of the infringement, unless the company can prove that the master or, if not acting under the responsibility of the master, the crew was responsible for the infringement.deleted

Amendment 78 #

2. Member States shall ensure that penalties introduced in transposition of this Directive include fines which are imposed to the company ~~at the time of the infringement, unless the company can prove that the master or, if not acting under the responsibility of the master, the crew was responsible for the infringement~~.

Amendment 79 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2005/35/EC
Article 3

2. Member States shall ensure that penalties introduced in transposition of this Directive include fines which are imposed to the company at the time of the infringement~~, unless~~. If the company can prove that the master or, if not acting under the responsibility of the master, the crew was responsible for the infringement, the company is entitled to sue the responsible person(s) for damages.

Amendment 80 #

Isabel GARCÍA MUÑOZ

3. In the case that it is proven that the master or, if not acting under the responsibility of the master, the crew was responsible for the commission of the relevant infringement, Member States shall ensure that penalties are imposed to such persons in accordance with the provisions of this Directive.’;deleted

Amendment 81 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2005/35/EC
Article 3

Amendment 82 #

Bergur Løkke RASMUSSEN, Pierre KARLESKIND, Caroline NAGTEGAAL

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2005/35/EC
Article 8 – paragraph 3

Amendment 83 #

Proposal for a directive
Article 1 – paragraph 1 – point 13

Directive 2005/35/EC
Article 8 d – paragraph 1

1. In order to ensure that the penalties are effective, proportionate and dissuasive, Member States shall ensure that, when determining and applying the type and level of administrative penalty to a natural or legal person found by competent authorities to be responsible for an infringement within the meaning of Articles 4 and 5(2), the competent authorities take into account all relevant circumstances of the infringement, including:

Amendment 84 #

Proposal for a directive
Article 1 – paragraph 1 – point 13

Directive 2005/35/EC
Article 8 d – paragraph 1

1. Member States shall ensure that, when determining and applying the type and level of administrative penalty to ~~a natural or legal person~~the company found by competent authorities to be responsible for an infringement within the meaning of Articles 4 and 5(2), the competent authorities take into account all relevant circumstances of the infringement, including:

Amendment 85 #

Proposal for a directive
Article 1 – paragraph 1 – point 13

Directive 2005/35/EC
Article 8 d – paragraph 1 – point d

(d) the financial strength of the ~~responsible person~~company, taking into account, as appropriate, the annual world-wide turnover ~~of the responsible legal person~~;

Amendment 86 #

Proposal for a directive
Article 1 – paragraph 1 – point 13

Directive 2005/35/EC
Article 8 d – paragraph 2

2. In order to ensure the uniform application of this Article, the Commission and/or EMSA may, by means of implementing acts, lay down detailed rules on the criteria to be considered by Member States when applying penalties in respect of each type of polluting substance pursuant to this Directive. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.;

Amendment 87 #

Proposal for a directive
Article 1 – paragraph 1 – point 14

Directive 2005/35/EC
Article 10 – paragraph 1

1. For the purposes of this Directive, the Member States ~~and~~, the Commission and/or EMSA shall cooperate in the exchange of information, building on the Union Maritime Information and Exchange System set out in Article 22a(3) of and Annex III to Directive 2002/59/EC37 (SafeSeaNet), in order to attain the following objectives: _________________ 37 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10).

Amendment 88 #

Proposal for a directive
Article 1 – paragraph 1 – point 14

Directive 2005/35/EC
Article 10 – paragraph 1 – point d

(d) within three years from the date of transposition of this Directive, ensure that competent authorities verify at least 160% of the alerts sent by CleanSeaNet every year.

Amendment 89 #

Proposal for a directive
Article 1 – paragraph 1 – point 14

Directive 2005/35/EC
Article 10

(d) within three years from the date of transposition of this Directive, ensure that competent authorities verify at least 160% of the alerts sent by CleanSeaNet every year.

Amendment 90 #

Bergur Løkke RASMUSSEN, Pierre KARLESKIND, Caroline NAGTEGAAL

Proposal for a directive
Article 1 – paragraph 1 – point 14

Directive 2005/35/EC
Article 10 – paragraph 1 – point d

(d) within three years from the date of transposition of this Directive, ensure that competent authorities verify at least 140% of the alerts sent by CleanSeaNet every year.

Amendment 91 #

Proposal for a directive
Article 1 – paragraph 1 – point 14

Directive 2005/35/EC
Article 10 – paragraph 1 – point d

(d) within three years from the date of transposition of this Directive, ensure that competent authorities verify at least 150% of the alerts sent by CleanSeaNet every year.

Amendment 92 #

Proposal for a directive
Article 1 – paragraph 1 – point 14

Directive 2005/35/EC
Article 10 – paragraph 2

2. The Commission and/or EMSA shall provide for the organisation of exchange of experiences between Member States’ national authorities and experts, including those from the private sector, civil society and trade unions, on the application of this Directive across the Union, with a view to establish common practices and guidelines on the enforcement of this Directive.;

Amendment 93 #

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2005/35/EC
Article 10 a – paragraph 1

1. ~~The Commission~~EMSA shall establish an electronic reporting tool, for the purposes of collection and exchange of information between the Member States and the Commission on the implementation of the enforcement system provided by this Directive.

Amendment 94 #

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2005/35/EC
Article 10 a – paragraph 2 a (new)

2a. Member States shall report specifically and separately incidents involving excessive underwater noise, in relation to the measurement standards set by ISO 17208/2:2019.

Amendment 95 #

Bergur Løkke RASMUSSEN, Pierre KARLESKIND, Caroline NAGTEGAAL

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2005/35/EC
Article 10 a – paragraph 3

3. In order to ensure the uniform application of this Article, the Commission and/or EMSA may, by means of implementing acts, lay down detailed rules on the procedure for reporting the information mentioned in paragraph 2, including specifying the type of information to be reported, in accordance with the examination procedure set out in Article 13.

Amendment 96 #

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2005/35/EC
Article 10

The Commission and the European Maritime Safety Agency shall facilitate the development of capacities of Member States by providing, as appropriate, training to the authorities responsible for the detection, verification and enforcement of infringements under the scope of this Directive.

Amendment 97 #

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2005/35/EC
Article 10 b

~~The Commission~~EMSA shall facilitate the development of capacities of Member States by providing, as appropriate, training to the authorities responsible for the detection, verification and enforcement of infringements under the scope of this Directive.

Amendment 98 #

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2005/35/EC
Article 10 c – paragraph 1

1. Based on information reported by Member States in accordance with Article 10a, the Commission shall make publicly available a regularly updated Union-wide overview on the implementation and enforcement of this Directive. The overview shall include the information listed in Annex II to this Directive. Information identifying an individual ship should only be made publicly available if all legal proceedings are finalised and there is no appeal.

Amendment 99 #

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2005/35/EC
Article 10 c – paragraph 1

1. Based on information reported by Member States in accordance with Article 10a, the Commission shall make publicly available a regularly updated Union-wide overview on the implementation and enforcement of this Directive. The overview shall include the information listed in Annex II to this Directive. Information identifying an individual ship should only be made publicly available if all legal proceedings are finalised and there is no appeal.

source: 752.942

2023/10/13 PECH 43 amendments...

Amendment 11 #

Proposal for a directive
Recital 1

(1) The Union's maritime policy is aimed at a high level of safety and environmental protection. This can be achieved through compliance with international conventions, codes and resolutions while maintaining the freedom of navigation as provided for by the United Nations Convention on the Law of the Sea. In this regard, it shall be recalled that the ocean should be recognised at an international level as a global common and should be protected in the light of its uniqueness and interconnectedness and the essential ecosystem services that it provides, on which current and future generations depend for their survival and well-being.

Amendment 12 #

Proposal for a directive
Recital 2 a (new)

(2a) The best action in relation to marine pollution and waste is to ensure prevention of the polluting substances being released into the ocean to start with. In view of the high prevalence of expanded polystyrene litter in the marine environment, which is explained by the fact that these products, because of their lightness, easily fly away from vessels and end up in the sea, Member States should consider the phasing out of expanded polystyrene containers and packaging from fishery products in line with the ambition of replacing single-use plastics with durable alternatives benefitting the environment and fishers.

Amendment 13 #

Proposal for a directive
Recital 2 b (new)

(2b) It is also of importance that actions to effectively recover released polluting materials and waste are supported. Fishers, aquaculture producers and their organisations are already working to collect waste including fishing gear lost or abandoned at sea and 'ghost gear' which represents a threat to all marine activities and ecosystems worldwide. These efforts cannot be expected to happen without a compensation mechanism tailored to these efforts. Whereas in the EU, an estimated 20% of fishing gear is lost at sea, accounting for nearly a third of marine litter in European seas18a and only 1,5% of worn out fishing gear get recycled18b, there is an urgent need to improve collection, recycling and repair of all fishing gear and therefore support is needed. In this regard, the Member States should exchange best practices and report on their different actions to recover and prevent the release of polluting materials and waste. _________________ 18a 'Circular economy: From abandoned fishing nets to sustainable clothing', European Commission. 18b 'Lost fishing gear: a trap for our ocean', European Commission.

Amendment 14 #

Proposal for a directive
Recital 5 a (new)

(5a) Regulation (EC) No 1224/2009 includes reporting obligations on lost gears which Member States should transmit to the Commission. The Commission should use this information already received when evaluating the implementation of this Directive and the state of the Union in this regard.

Amendment 15 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Recital 7 a (new)

(7a) Regulation No 1224/2009 makes illegally disposing of a fishing gear or gear at sea from a fishing vessel a serious infringement under that Regulation provided that specific criteria has been met. For such infringements there are obligations under Regulation (EC) No 1224/2009 for Member States to have appropriate administrative or criminal sanctions that are effective, proportionate and dissuasive.

Amendment 16 #

Proposal for a directive
Recital 8

(8) Administrative penalties introduced in transposition of Directive 2005/35/EC should be without prejudice to Directive (EU) 2023/xxxx, with the aim of harmonizing and proportionally penalizing ship-source pollution offences. Member States should define the scope of administrative and criminal law enforcement with regards to ~~ship-source pollution~~these offences according to their national law. In the application of national law transposing Directive 2005/35/EC, Member States should ensure that the imposition of criminal penalties and of administrative penalties respects the principles of the Charter of Fundamental Rights of the European Union, including the prohibition of ne bis in idem.

Amendment 17 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Recital 9

(9) The penalties provisioned by Directive 2005/35/EC should be strengthened by ensuring consistent application of administrative penalties throughout the Union. To strengthen the deterrent effect of penalties imposed for ship-source pollution offences, such penalties should take at least the form of fines imposed both to the company ~~of the ship, unless the company can prove that the master~~ of the ship orand a member or members of the crew~~, the latter not acting under the responsibility of the master, was~~ responsible for the discharge. In this context, the company of ship means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, which has assumed the responsibility for the operation of the ship from the shipowner, in alignment with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (‘ISM Code’)24 , implemented in Union law by virtue of Regulation (EC) No 336/2006 of the European Parliament and of the Council25 . Directive 2005/35/EC should recognise that the management of the ship could be delegated by the registered owner to a different entity, which should then be held in the first place responsible for not implementing its obligations under the ISM Code to ensure the avoidance of damage to the environment or the assignment of shipboard operations to qualified personnel. _________________ 24 International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organisation by Assembly Resolution A.741(18) of 4 November 1993, as amended. 25 Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (Text with EEA relevance) (OJ L 64, 4.3.2006, p.1).

Amendment 18 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Recital 10

(10) National administrative and judicial authorities should take into account all relevant circumstances when determining the level of penalties to be imposed to the polluter. National authorities should establish a comprehensive and proportional system of penalizing ship- source pollution offenses that takes into account the size of the vessel, the nature and quantity of waste, and the frequency of violations, all while promoting environmental responsibility and deterring illegal pollution. Taking into account the diverse nature of polluting substances covered under Directive 2005/35/EC and the importance of consistent application of penalties across the Union in light of the cross-border nature of the regulated behaviour, further approximation and effectiveness of penalty levels should be fostered through the establishment of concrete criteria for the application of penalties for discharges of different polluting substances. In order to ensure the uniform conditions for the application of penalties, implementing powers should be conferred to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 . The examination procedure should be used for the adoption of these implementing acts. _________________ 26 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 19 #

Proposal for a directive
Recital 10

(10) National administrative and judicial authorities should take into account all relevant circumstances when determining the level of penalties to be imposed to the polluter. Taking into account the diverse nature of polluting substances covered under Directive 2005/35/EC and the importance of consistent application of penalties across the Union in light of the cross-border nature of the regulated behaviour, further approximation and effectiveness of penalty levels should be fostered through the establishment of concrete criteria for the application of penalties for discharges of different polluting substances. In order to ensure tha level playing field and broad support across Member States for the administrative and judicial actions to be taken it is important to ensure as uniform as possible application of the penalties. In order to ensure these uniform conditions for the application of penalties, implementing powers should be conferred to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 . The examination procedure should be used for the adoption of these implementing acts. _________________ 26 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 20 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Recital 12

(12) The accompanying measures for cooperation and the reporting obligations of Member States have not been sufficient until now to allow a complete analysis whether polluters face effective, dissuasive and proportionate penalties and that adequate data is made available to the Commission to monitor the implementation of Directive 2005/35/EC. In order to ensure the effective and consistent enforcement of Directive 2005/35/EC, exchange of information and experience should be facilitated through enhanced cooperation, while at the same time ensuring that adequate data are made available to the Commission in order to allow the proper monitoring of the implementation of Directive 2005/35/EC. In this context, the Member States should also exchange on best practices and actions taken to prevent marine waste, including fisheries waste, how more eco- design could be used to reduce the most common marine waste detected and their impacts on the environment, and good actions deployed to recover marine waste already at sea.

Amendment 21 #

Proposal for a directive
Recital 12

(12) The accompanying measures for cooperation and the reporting obligations of Member States have not been sufficient until now to allow a complete analysis whether polluters face effective, dissuasive and proportionate penalties and that adequate data is made available to the Commission to monitor the implementation of Directive 2005/35/EC. In order to ensure the effective and consistent enforcement of Directive 2005/35/EC, exchange of information and experience should be facilitated through enhanced cooperation, while at the same time ensuring that adequate data are made available to the Commission in order to allow the proper monitoring of the implementation of Directive 2005/35/EC. The rights of crew members who report any offenses they encounter should be diligently safeguarded.

Amendment 22 #

Proposal for a directive
Recital 12 a (new)

(12a) Regulation (EU) 2021/1139 of the European Parliament and of the Council includes possibility for Member States to support actions to improve the eco-design of fishing gear as well as supporting actions for prevention and recovery of marine waste.

Amendment 23 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Recital 13

(13) The existing satellite-based service ‘CleanSeaNet’ which notifies Member States authorities on potential illegal discharges, should be further enhanced to include information on the additional polluting substances under the scope of Directive 2005/35/EC. Information relating to potential or actual discharges reported by Member States in accordance with Directive 2005/35/EC and to other Union maritime safety databases, such as the Union Maritime Information and Exchange System established by Directive 2002/59/EC of the European Parliament and of the Council27(‘SafeSeaNet’) and the Inspection Database set up by Directive 2009/16/EC of the European Parliament and of the Council28 (‘THETIS’) should be integrated and disseminated in a user- friendly electronic format to the national authorities involved in the enforcement chain at the various levels in order to facilitate their timely response. Such information, when relating to an actual or potential discharge of Exhaust Gas Cleaning System residue from a ship, should further be automatically disseminated to the dedicated module of THETIS set up by under Commission Implementing Decision 2015/253 (‘THETIS-EU’), in order to assist Member States with enforcement actions undertaken in accordance with the provisions of Directive (EU) 2016/802. In order to ensure the effective monitoring of the Directive’s implementation by all Member States, a verification rate of 10% per year of the alerts sent by CleanSeaNet should be ensured by each Member State within the first three years form the transposition of this Directive. Access to this information should be granted to the authorities of other Member States having an interest in it under their roles as port States of the next port of call, coastal States affected by the potential discharge or flag States of the ship in order to facilitate effective and timely cross-border cooperation, minimise the administrative burden of enforcement activities and ultimately effectively penalise offenders for infringements of Directive 2005/35/EC. _________________ 27 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10). 28 Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ L 131, 28.5.2009, p. 57).

Amendment 24 #

Proposal for a directive
Recital 13

(13) The existing satellite-based service ‘CleanSeaNet’ which notifies Member States authorities on potential illegal discharges, should be further enhanced to include information on the additional polluting substances under the scope of Directive 2005/35/EC. Information relating to potential or actual discharges reported by Member States in accordance with Directive 2005/35/EC and to other Union maritime safety databases, such as the Union Maritime Information and Exchange System established by Directive 2002/59/EC of the European Parliament and of the Council27 (‘SafeSeaNet’) and the Inspection Database set up by Directive 2009/16/EC of the European Parliament and of the Council28 (‘THETIS’) should be integrated and disseminated in a user- friendly electronic format to the national authorities involved in the enforcement chain in order to facilitate their timely response. Such information, when relating to an actual or potential discharge of Exhaust Gas Cleaning System residue from a ship, should further be automatically disseminated to the dedicated module of THETIS set up by under Commission Implementing Decision 2015/253 (‘THETIS-EU’), in order to assist Member States with enforcement actions undertaken in accordance with the provisions of Directive (EU) 2016/802. In order to ensure the effective monitoring of the Directive’s implementation by all Member States, a verification rate of 10% per year of the alerts sent by CleanSeaNet should be ensured by each Member State within the first three years form the transposition of this Directive. Access to this information should be granted to the authorities of other Member States having an interest in it under their roles as port States of the next port of call, coastal States affected by the potential discharge or flag States of the ship in order to facilitate effective and timely cross-border cooperation, minimise the administrative burden of enforcement activities and ultimately effectively and proportionately penalise offenders for infringements of Directive 2005/35/EC. _________________ 27 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10). 28 Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ L 131, 28.5.2009, p. 57).

Amendment 25 #

Proposal for a directive
Recital 13

(13) The existing satellite-based service ‘CleanSeaNet’ which notifies Member States authorities on potential illegal discharges, should be further enhanced to include information on the additional polluting substances under the scope of Directive 2005/35/EC. Information relating to potential or actual discharges reported by Member States in accordance with Directive 2005/35/EC and to other Union maritime safety databases, such as the Union Maritime Information and Exchange System established by Directive 2002/59/EC of the European Parliament and of the Council27 (‘SafeSeaNet’) and the Inspection Database set up by Directive 2009/16/EC of the European Parliament and of the Council28 (‘THETIS’) should be integrated and disseminated in a user- friendly electronic format to the national authorities involved in the enforcement chain in order to facilitate their timely response. Such information, when relating to an actual or potential discharge of Exhaust Gas Cleaning System residue from a ship, should further be automatically disseminated to the dedicated module of THETIS set up by under Commission Implementing Decision 2015/253 (‘THETIS-EU’), in order to assist Member States with enforcement actions undertaken in accordance with the provisions of Directive (EU) 2016/802. In order to ensure the effective monitoring of the Directive’s implementation by all Member States, a verification rate of 10% per year of the alerts sent by CleanSeaNet should be ensured by each Member State within the first three years form the transposition of this Directive. Access to this information should be granted to the public, the authorities of other Member States having an interest in it under their roles as port States of the next port of call, coastal States affected by the potential discharge or flag States of the ship in order to facilitate effective and timely cross-border cooperation, minimise the administrative burden of enforcement activities and ultimately effectively penalise offenders for infringements of Directive 2005/35/EC. _________________ 27 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10). 28 Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ L 131, 28.5.2009, p. 57).

Amendment 26 #

Proposal for a directive
Recital 13

(13) The existing satellite-based service ‘CleanSeaNet’ which notifies Member States authorities on potential illegal discharges, should be further enhanced to include information on the additional polluting substances under the scope of Directive 2005/35/EC. Information relating to potential or actual discharges reported by Member States in accordance with Directive 2005/35/EC and to other Union maritime safety databases, such as the Union Maritime Information and Exchange System established by Directive 2002/59/EC of the European Parliament and of the Council27 (‘SafeSeaNet’) and the Inspection Database set up by Directive 2009/16/EC of the European Parliament and of the Council28 (‘THETIS’) should be integrated and disseminated in a user- friendly electronic format to the national authorities involved in the enforcement chain in order to facilitate their timely response. Such information, when relating to an actual or potential discharge of Exhaust Gas Cleaning System residue from a ship, should further be automatically disseminated to the dedicated module of THETIS set up by under Commission Implementing Decision 2015/253 (‘THETIS-EU’), in order to assist Member States with enforcement actions undertaken in accordance with the provisions of Directive (EU) 2016/802. In order to ensure the effective monitoring of the Directive’s implementation by all Member States, a verification rate of 10% per year of the alerts sent by CleanSeaNet should be ensured by each Member State within the first ~~three~~ years forom the transposition of this Directive. Access to this information should be granted to the authorities of other Member States having an interest in it under their roles as port States of the next port of call, coastal States affected by the potential discharge or flag States of the ship in order to facilitate effective and timely cross-border cooperation, minimise the administrative burden of enforcement activities and ultimately effectively penalise offenders for infringements of Directive 2005/35/EC. _________________ 27 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10). 28 Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ L 131, 28.5.2009, p. 57).

Amendment 27 #

Proposal for a directive
Recital 14

(14) The Sub-group on Waste from Ships, which was set up under the European Sustainable Shipping Forum, and which brought together a wide range of experts in the field of ship-source pollution and the management of waste from ships, was adjourned in December 2017 in view of the start of interinstitutional negotiations of Directive (EU) 2019/883. Since that temporary Sub-group provided valuable guidance and expertise to the Commission, a similar expert group should be created with a mandate of exchanging experience on the application of this Directive in order to assist Member States in building their capacity to detect and verify pollution incidents and ensure the effective enforcement of Directive 2005/35/EC. It is also of importance to include all relevant stakeholders in these sub-groups, including the fisheries sector.

Amendment 28 #

Proposal for a directive
Recital 15

(15) The European Maritime Safety Agency (‘EMSA’) established by Regulation (EU) xxxx/xxxx29 should provide the necessary support to the Commission to ensure the implementation of this Directive. The Commission should also utilize the data gathered by EFCA, where appropriate, especially in relation to lost fishing gear. _________________ 29 OJ L xxxx.

Amendment 29 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Recital 18

(18) In order to increase public awareness in ship-source pollution discharges and improve environmental protection, information provided by the Member States on the application of Directive 2005/35/EC should be made publicly available through a Union-wide overview and include the information listed in Annex II of Directive 2005/35/EC. To this end, it is essential to provide statistics on the number and location of discharges detected by the CleanSeaNet system, and to publish an annual report containing the data received, the number of discharges that were verified and confirmed, and the number of administrative and criminal penalties that were applied. Directive 2003/4/EC of the European Parliament and of the Council30 aims to guarantee the right of access to environmental information in the Member States in line with the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention), to which the Union is a party. The Commission should protect the confidentiality of information received by Member States, without prejudice to the provisions of Directive 2003/4/EC. _________________ 30 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

Amendment 30 #

Proposal for a directive
Recital 18

(18) In order to increase public awareness in ship-source pollution discharges ~~and~~, improve environmental protection, contribute to the goal of restoring nature and respect the commitments of European Green Deal, information provided by the Member States on the application of Directive 2005/35/EC should be made publicly available through a Union-wide overview and include the information listed in Annex II of Directive 2005/35/EC. Directive 2003/4/EC of the European Parliament and of the Council30 aims to guarantee the right of access to environmental information in the Member States in line with the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention), to which the Union is a party. The Commission should protect the confidentiality of information received by Member States, without prejudice to the provisions of Directive 2003/4/EC. _________________ 30 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

Amendment 31 #

Anja HAGA

Proposal for a directive
Recital 21

(21) Discussions are ongoing at the IMO regarding new environmental issues in relation to international shipping, resulting in both water and air pollution. These include the water pollutants of marine litter, such as the loss of containers and plastic pellets, and underwater noise and air pollutants such as black carbon. These discussions may result in new regulations under Marpol 73/78. A future review of Marpol 73/79 should also include zero pollution from (micro)plastics and PFAS. Moreover, Directive 2008/56/EC of the European parliament and of the Council34 requires Member States to achieve good environmental status in the marine environment, which includes, amongst others, marine litter and underwater noise from ships as qualitative descriptors. Relatedly, Directive (EU) 2023/xxxx35 sets limit values for nitrogen dioxide (NO2) resulting from nitrogen oxide (NOx) emissions. Shipping activities contribute to higher NO2 levels in coastal and port areas. Against this background, a future review of Directive 2005/35/EC should take into account new developments and the Commission should examine the possibility of modifying the scope of this Directive, if appropriate, in view of any new international standards under Marpol 73/78. A future review should assess the possibility of modifying the scope of Directive 2005/35/EC, if appropriate, to incorporate SOx and NOx emissions, as regulated in Annex VI to Marpol, based on the experience gained in implementing the Directive (EU) 2016/802 and on the development and maturity of monitoring and detecting CO2, SOx and NOx emissions from ships, with a view to ensure a coherent, efficient and effective enforcement regime, as well as the imposition of dissuasive penalties therefor, in line with the Zero Pollution Action Plan and, in particular, Flagship 5 thereof ‘Enforcing zero pollution together’. _________________ 34 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (Text with EEA relevance) (OJ L 164, 25.6.2008, p. 19). 35 OJ L xxxx.

Amendment 32 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2005/35/EC
Article 1

1. The purpose of this Directive is to incorporate into Union law international standards on pollution from ships and to ensure that persons responsible for illegal discharges of polluting substances are subject to dissuasive, effective and proportionate administrative penalties in order to improve maritime safety, to contribute to the goal of restoring nature, respect the commitments of European Green Deal and to enhance protection of the marine environment from pollution by ships.

Amendment 33 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2005/35/EC
Article 2 – paragraph 2

Amendment 34 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2005/35/EC
Article 4

2. Each Member State shall take ~~the~~all necessary measures to ensure that any natural or legal person having committed an infringement within the meaning of paragraph 1 is held liable therefor.;

Amendment 35 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2005/35/EC
Article 5

1. A discharge of polluting substances subject to regulation by Annexes I, II and VI to Marpol 73/78 into the areas set out in Article 3(1) points (c), (d) and (e) shall not be regarded as an infringement for the company, the master or the crew~~, if both~~ if it is a direct result of force majeure; justified only if compelling evidence is provided; or if all of the following conditions are fulfilled:

Amendment 36 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2005/35/EC
Article 5

(ba) the discharge was immediately reported to the authorities after its occurrence.

Amendment 37 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2005/35/EC
Article 5

2. Paragraph 1 shall not apply where the company, the master or the crew responsible for the damage acted either with intent to cause damage or recklessly and with knowledge that damage would probably result. Acting against safety rules, good practices, and ignoring warnings in particular, when demonstrated that risks have been taken with full awareness of the danger;

Amendment 38 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Article 1 – paragraph 1 – point 13

Directive 2005/35/EC
Article 8d

(aa) content and quantity of discharged waste as aggravating factors;

Amendment 39 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Article 1 – paragraph 1 – point 13

Directive 2005/35/EC
Article 8d

(ab) ship size categories;

Amendment 40 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Article 1 – paragraph 1 – point 13

Directive 2005/35/EC
Article 8d

(c) the damage caused from the discharge to the environment or human health, environmental impact assessment and the cost of environmental restoration;

Amendment 41 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Article 1 – paragraph 1 – point 13

Directive 2005/35/EC
Article 8d

(fa) measures taken by the responsible person or company to inform the competent authorities, or hierarchy in the case of a company employee;

Amendment 42 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Article 1 – paragraph 1 – point 13

Directive 2005/35/EC
Article 8d

(h) anymount and volume of previous infringements by the responsible person.

Amendment 43 #

Proposal for a directive
Article 1 – paragraph 1 – point 13

Directive 2005/35/EC
Article 8d – paragraph 1a

1a. Member States shall take into account obligations stemming from other Union acts such as Regulation (EC) No 1224/2009 on Fisheries Control when implementing the obligations under paragraph 1.

Amendment 44 #

Proposal for a directive
Article 1 – paragraph 1 – point 14

Directive 2005/35/EC
Article 10 – paragraph 1a

1a. The Member States and the Commission shall cooperate in the exchange of information on best practices and actions taken to prevent marine waste, including fisheries waste, how more eco-design could be used to reduce the most common marine waste detected and their impacts on the environment, and good actions deployed to recover marine waste already at sea.

Amendment 45 #

France JAMET

Proposal for a directive
Article premier – paragraph 1 – point 14

Directive 2005/35/EC of the European Parliament and of the Council
Article 10

2. The Commission shall provide for the organisation of exchange of experiences between Member States’ national authorities, fishers, elected representatives involved in the maritime sector and experts, including those from the private sector, civil society and trade unions, on the application of this Directive across the Union, with a view to establish common practices and guidelines on the enforcement of this Directive.’;

Amendment 46 #

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2005/35/EC
Article 10a – paragraph 2a

2a. Member States shall also report on the measures taken in relation to prevention and recovery of marine waste as well as actions to replace materials in gears and products used at sea, such as expanded polystyrene containers and packaging, as appropriate, taking into account other reporting obligations under other Union acts.

Amendment 47 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2005/35/EC
Article 10c – paragraph 1

1. Based on information reported by Member States in accordance with Article 10a as well as relevant information received under other Union acts, such as Regulation (EC) No 1224/2009 in relation to lost fishing gear, the Commission shall make publicly available a regularly updated Union-wide overview on the implementation and enforcement of this Directive. The overview shall include the information listed in Annex II to this Directive.

Amendment 48 #

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2005/35/EC
Article 10d

1. The Commission shall develop ~~and maintain~~, maintain and make easily accessible to the public, a confidential online external reporting channel for receiving reports, within the meaning of Directive (EU) 2019/193740 on potential infringements of this Directive and shall relay such reports to the Member State or Member States concerned. _________________ 40 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).

Amendment 49 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2005/35/EC
Article 10d

2. Member States shall ensure that national competent authorities receiving reports of violations of this Directive, submitted through the channel referred to in paragraph 1, ~~provide~~investigate, where appropriate, act upon, and provide prompt feedback and follow-up on those reports in accordance with Directive (EU) 2019/1937.

Amendment 50 #

Predrag Fred MATIĆ, Isabel CARVALHAIS, Pietro BARTOLO, Nikos PAPANDREOU

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2005/35/EC
Article 10d

2a. Member States shall ensure that individuals who report potential infringements within this Directive shall not suffer any adverse employment consequences, harassment, threats, or discrimination as a result of their disclosure. The identity of whistle-blowers shall be kept confidential to the extent permitted by law. Whistle-blowers shall not be considered liable for their disclosure, provided that it is made in good faith and without malice.

Amendment 51 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12a – paragraph ba

(ba) relevant information gathered under other Union acts, such as Regulation (EC) No 1224/2009.

Amendment 52 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2005/35/EC
Article 12a – paragraph 2

2. As part of the review, the Commission shall assess the possibility of modifying the scope of this Directive, if appropriate, in view of among other elements the international standards for the prevention of air pollution from ships, including fishing vessels, subject to regulation by Marpol 73/78, notably sulphur oxide and nitrogen oxide emissions from ships, as well as in view of other standards regulating discharges from ships which have been made subject to regulation by Marpol 73/78, such as black carbon, marine litter, container loss, loss of plastic pellets and underwater noise.

Amendment 53 #