Changes from report parliamentary committee draft to plenary report

Change 9

RemovedArticle 1 – paragraph 1 – point 14, Article 10 – paragraph 1 – point d: (d) within three years from the date of transposition of this Directive, ensure that every Member State analyses thoroughly 100% and verifies on the spot at least 40% of the alerts received from CleanSeaNet every year. A Member State can remain below this 40% on the spot verification threshold, if it is able to demonstrate to the Commission, in the framework of the reporting foreseen in article 10a, that the thorough analysis of the imagery received from CleanSeaNet clearly revealed a false alarm, caused by, inter alia, algae or light reflexion, making a verification on the spot redundant. Responsible authorities shall conduct verifications on the spot as quickly as possible, to prevent an illegal discharge from dispersing and therefore becoming undetectable by the time of arrival on the spot.

AddedArticle 1 – paragraph 1 – point 9, Article 8 – paragraph 3: 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. In the event, however, that the master or crew responsible for the commission of the relevant infringement can no longer be found or cannot afford to pay the full amount of the penalty, the company shall remain responsible as a last resort, for the payment of the full amount or of the remainder of the penalty;

Directive 2005/35/EC

Change 10

RemovedArticle 1 – paragraph 1 – point 15 a (new), Article 10 e (new): (15a) The following Article 10e is inserted: / Article 10e / Public accessibility of consolidated IMO conventions / The European Union and its Member States shall persistently request at IMO level that all IMO conventions, including Marpol 73/78, be made public and regularly updated in their full versions on the IMO homepage, accessible to everyone free of charge. Until this request is implemented by the IMO, the European Commission shall publish a full and updated text of Marpol 73/78 and its annexes on its website, at the latest one month after the entry into force of this directive.

AddedArticle 1 – paragraph 1 – point 13, Article 8 d – paragraph 1 – introductory part: 1. In order to ensure that penalties are dissuasive, effective and proportionate, 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:

Directive 2005/35/EC

Change 11

RemovedArticle 1 – paragraph 1 – point 18, 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 marine litter from sources other than ships, container loss for containers other than those already covered by Marpol annex III, loss of plastic pellets and underwater noise.

AddedArticle 1 – paragraph 1 – point 13, Article 8 d – paragraph 1 – point h a (new): (ha) The extent of the damage caused by the discharge to marine life, including fish populations, and its subsequent impact on fishing activities and coastal communities.

AddedDirective 2005/35

AddedArticle 1 – paragraph 1 – point 13, Article 8 d – paragraph 1 a (new): 1a. Member States shall not set or apply any “maximum administrative penalties” or “minimum administrative penalties” for infringements under this Directive that would be too low to ensure the deterrent nature, proportionality and effectiveness of these penalties.

AddedDirective 2005/35/EC

AddedArticle 1 – paragraph 1 – point 14, Article 10 – paragraph 1 – introductory part: 1. For the purposes of this Directive, the Member States, 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:

AddedDirective 2005/35/EC

AddedArticle 1 – paragraph 1 – point 14, Article 10 – paragraph 1 – point d: (d) within three years from the date of transposition of this Directive, ensure that every Member State thoroughly analyses 100% of the alerts received from CleanSeaNet every year and that it carries out on the spot verifications of at least 50% of those alerts. A Member State can remain below this 50% on the spot verification threshold, if it is able to demonstrate to the Commission, in the course of the reporting provided for in Article 10a, that the thorough analysis of the imagery received from CleanSeaNet clearly revealed a false alarm, caused by, inter alia, algae or light reflexion, making a verification on the spot redundant. Responsible authorities shall conduct verifications on the spot as quickly as possible, to prevent an illegal discharge from dispersing and therefore becoming undetectable by the time of arrival on the spot.

AddedDirective 2005/35/EC

AddedArticle 1 – paragraph 1 – point 14, Article 10 – paragraph 1 – point d a (new): (da) Ensure that relevant information, particularly concerning areas where ship-source pollution incidents occurred, is disseminated to fishing communities in a timely and comprehensible manner by national or local authorities.

AddedDirective 2005/35/EC

AddedArticle 1 – paragraph 1 – point 14, Article 10 – paragraph 2: 2. The Commission, where relevant via 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.

AddedDirective 2005/35/EC

AddedArticle 1 – paragraph 1 – point 15, Article 10 a – paragraph 1: 1. The Commission, via 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.

AddedDirective 2005/35/EC

AddedArticle 1 – paragraph 1 – point 15, Article 10 a – paragraph 2 – point d a (new): (da) a yearly overview of container losses reported to IMO under the International Convention for the Safety of Life at Sea (SOLAS), including, for each loss, the route of the vessel, as well as the cause and the location of the loss if they are known.

AddedDirective 2005/35/EC

AddedArticle 1 – paragraph 1 – point 15, Article 10b: The Commission and 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.

AddedDirective 2005/35/EC

AddedArticle 1 – paragraph 1 – point 15, 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, including in disaggregated form, with data for every Member State, 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.

AddedDirective 2005/35/EC

AddedArticle 1 – paragraph 1 – point 15, Article 10 c – paragraph 2: 2. Without prejudice to Directive 2003/4/EC39 , the Commission shall take appropriate measures to protect the confidentiality of certain information obtained in implementation of this Directive.

AddedDirective 2005/35/EC

AddedArticle 1 – paragraph 1 – point 15, Article 10 d – paragraph 1: 1. The Commission shall develop, 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.

AddedDirective 2005/35/EC

AddedArticle 1 – paragraph 1 – point 15, Article 10 d – paragraph 2: 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, investigate, where appropriate, act upon, and provide prompt feedback and follow-up on those reports in accordance with Directive (EU) 2019/1937.

AddedDirective 2005/35/EC

AddedArticle 1 – paragraph 1 – point 18 b (new), Article 12 e (new): (18b) The following is inserted: / ‘Article 12e / Public accessibility of Consolidated IMO Conventions / If by [OP: Please insert a date: one year from the date of entry into force of this amending Directive] the IMO has not published the full texts of all its conventions, including Marpol 73/78 and its related annexes, on its website, accessible to users free of charge, the Commission shall adopt, within 3 months, a delegated act in accordance with Article 12b amending this Directive, by adding a new Annex with the full text of Marpol 73/78 and those of its annexes referred to in this Directive. The Commission is empowered to adopt delegated acts in accordance with Article 12b to subsequently amend that Annex, whenever required.’

AddedDirective 2005/35

AddedArticle 1 – paragraph 1 – point 18, Article 12 a – paragraph 1 – point b a (new): (ba) the interaction of this Directive with other relevant international and Union law on marine environment protection and maritime safety;

AddedDirective 2005/35/EC

AddedArticle 1 – paragraph 1 – point 18, Article 12a – paragraph 1 – point bb (new): (bb) the latest data and scientific findings

AddedDirective 2005/35/EC

AddedArticle 1 – paragraph 1 – point 18, 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 developments under international conventions and Union law on 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 from sources other than ships, container loss for containers other than those already covered by Annex III to Marpol, loss of plastic pellets and underwater noise. Any modification of the scope shall take into consideration existing international and Union law and avoid overlapping with the provisions of existing Union legal acts and their enforcement mechanisms.

AddedDirective 2005/35/EC

AddedArticle 1 – paragraph 1 – point 18 a (new), Article 12 b (new): (18a) The following article is inserted: / ‘Article 12b / 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 12e 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 12e 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. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. / 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament a…