▼M2 DIRECTIVE 2005/35/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 September 2005 on the enforcement of international standards on pollution from ships and on the introduction of administrative penalties for pollution offences ▼C2 (Text with EEA relevance)

▼M2

DIRECTIVE 2005/35/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 7 September 2005

on the enforcement of international standards on pollution from ships and on the introduction of administrative penalties for pollution offences

▼C2

(Text with EEA relevance)

1. Resumen

Título	Regulación
Article 1 Purpose
Article 2 Definitions	Article 2 Definitions For the purposes of this Directive, the following definitions shall apply: (1) ‘Marpol 73/78’ means the International Convention for the Prevention of Pollution from Ships, 1973, including its 1978 and 1997 Protocols, in its up-to-date version; (2) ‘polluting substances’ means substances subject to regulation by Annex I (oil), Annex II (noxious liquid substances in bulk), Annex III (harmful substances carried by sea in packaged form), Annex IV (sewage from ships) and Annex V (garbage from ships) to Marpol 73/78 and Exhaust Gas Cleaning System residue; (3) ‘Exhaust as Cleaning System residue’ means any material removed from the washwater or the bleed-off water by a treatment system, discharge water that does not meet the discharge criterion, or other residue material removed from the exhaust gas cleaning systems (EGCS) as a result of the operation of a compliance method for emissions reductions defined in Regulation 4 of Annex VI to Marpol 73/78, used as an alternative, in terms of emissions reductions, to the standards set out in Regulation 14 of Annex VI to Marpol 73/78, taking into account the guidelines developed by the International Maritime Organization (IMO); (4) ‘discharge’ means any release howsoever caused from a ship, as referred to in Article 2 of Marpol 73/78; (5) ‘ship’ means a seagoing vessel, irrespective of its flag, of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles and floating craft; (6) ‘legal person’ means any legal entity in possession of such status under applicable national law, other than States themselves, public bodies in the exercise of State authority, or public international organisations; (7) ‘company’ 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.
Article 3 Scope
Article 4 Infringements and exceptions
Article 6 Enforcement measures with respect to ships within a port of a Member State
Article 7 Enforcement measures by coastal States with respect to ships in transit
Article 8 Administrative penalties
Article 8d Effective application of penalties
Article 9 Compliance with international law	Article 9 Compliance with international law Member States shall apply the provisions of this Directive without any discrimination in form or in fact against foreign ships and in accordance with applicable international law, including Section 7 of Part XII of the 1982 United Nations Convention on the Law of the Sea, and they shall promptly notify the flag State of the vessel and any other State concerned of measures taken in accordance with this Directive.
Article 10 Exchange of information and experience
Article 10a Reporting
Article 10b Training	Article 10b Training The Commission shall, with the assistance of EMSA and in cooperation with Member States, facilitate the development of Member States’ capabilities by providing, as appropriate, training to the authorities responsible for the detection and verification of infringements under the scope of this Directive and the enforcement of penalties or any other measures arising from such infringements.
Article 10c Publication of information
Article 10d Protection of persons who report potential infringements and protection of their personal data
Article 12a Evaluation and review
Article 13 Committee procedure
Article 16 Transposition
Article 17 Entry into force	Article 17 Entry into force This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
Article 18 Addressees	Article 18 Addressees This Directive is addressed to the Member States.
ANNEX I Non-exhaustive list of irregularities or information referred to in Article 6	ANNEX I Non-exhaustive list of irregularities or information referred to in Article 6 1. Any irregularities with respect to the oil and other relevant record books or with respect to other deficiencies related to potential discharges, discovered during inspections carried out under Directive 2009/16/EC of the European Parliament and of the Council ( 2 ) by the Member State concerned, by another Member State or by a State signatory to the Paris Memorandum of Understanding on Port State Control at the previous ports of call of the ship; 2. Any irregularities with respect to the delivery of ship-generated waste, or the notification thereof, as required under Directive (EU) 2019/883 of the European Parliament and of the Council ( 3 ) which took place either in the Member State concerned or in the Member State of the previous ports of call of the ship; 3. Any irregularities with respect to non-compliance with the criteria for the use of EGCS operated as emissions abatement methods set out in Annex II to Directive (EU) 2016/802 of the European Parliament and of the Council ( 4 ), which refers to the 2009 Guidelines for EGCS set out in Resolution MEPC.184(59) as replaced by the 2021 Guidelines for EGCS set out in resolution MEPC.340(77). 4. Any information obtained from another Member State relating to a potential illegal discharge of the ship obtained through the procedures foreseen in Directive 2002/59/EC of the European Parliament and of the Council ( 5 ), including any proof of or presumptive evidence on deliberate discharges of oil or other infringements of Marpol 73/78 communicated by coastal stations of a Member State to the coastal stations in the Member State concerned in accordance with Article 16 of that Directive or incidents or accidents reported by the master of the ship to the coastal station of the Member State concerned in accordance with Article 17 of that Directive. 5. Any other information from persons involved in the operation of the ship, including pilots, which suggests irregularities relating to a potential violation of the obligations under this Directive.
ANNEX II Information to be included in the Union-wide overview published by the Commission, referred to in Article 10c	ANNEX II Information to be included in the Union-wide overview published by the Commission, referred to in Article 10c 1. For each pollution incident verified and confirmed by a Member State, information in the Union-wide overview published by the Commission in accordance with Article 10c shall include: (a) date of the incident; (b) identification of the ship involved in the incident; (c) position (latitude and longitude) of the pollution incident; (d) extent of the pollution incident (area and length), if applicable; (e) type of pollutant; (f) Member State(s) involved; (g) description of the verification activities of the pollution incident; (h) date and time of the verification activities and the assets used for verification activities; (i) details of the administrative penalty imposed. 2. For each Member State, aggregated information contained in the Union-wide overview published by the Commission in accordance with Article 10c shall include: (a) number of CleanSeaNet possible pollution incidents detected; (b) number of CleanSeaNet possible pollution incidents verified on-site by the Member State; (c) number of CleanSeaNet possible pollution incidents verified by other means by the Member State; (d) number of confirmed pollution incidents after verification (detailed per area: territorial waters, EEZ, high seas); (e) number of identified offenders; (f) number of cases where a penalty was imposed. 3. A summary, solely for reference purposes, of relevant parts of Marpol 73/78, which shall be updated whenever there are changes to Marpol 73/78 relevant to this Directive.

1.1 Referencias

1.2 Requisitos identificados

1.3 Estándares relacionados

2. Requisitos identificados

Requisitos
Fuente	Requisito

3. Estándares relacionados

Estándares
Fuente	Requisito

Incidencias vinculadas

Vínculos
Tipo de vínculo	Incidencia
is related to	Imported: Richtlinie 2005/35/EG über die Meeresverschmutzung durch Schiffe und die Einführung von Sanktionen für Verstöße (CELEX:02005L0035-20250105)

Builddate: 05.01.2025 00:00:00 -Doknr: CELEX:32005L0035
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