This Directive amends Directive 2005/35/EC on ship-source pollution and introduces a comprehensive system of administrative penalties for pollution offences from ships. The act aims to incorporate international standards on pollution from ships into EU law and ensure effective penalties for illegal discharges of polluting substances.The Directive expands the scope of regulated polluting substances to include sewage, garbage, harmful substances in packaged form, and exhaust gas cleaning system residue. It establishes a harmonized system of administrative penalties across EU member states, focusing on fines imposed on shipping companies responsible for violations.Key provisions include:
- Introduction of administrative penalties that must be effective, proportionate and dissuasive, including mandatory fines for companies responsible for violations
- Enhanced monitoring and information sharing through the CleanSeaNet satellite detection system and other EU maritime databases
- New requirements for member states to verify at least 25% of high-confidence pollution alerts
- Establishment of a confidential reporting channel for potential violations
- Mandatory reporting by member states on enforcement actions and penalties imposed
- Protection measures for persons reporting violations
- Requirements for public disclosure of information about pollution incidents and enforcement actions
The Directive provides detailed criteria for determining penalties, including factors like the nature and gravity of the discharge, damage caused, financial capacity of the violator, and any previous infractions. It also establishes mechanisms for cooperation between member states in detecting and investigating pollution incidents.
