The introduction of penalties for ship-source pollution in community law: recent developments

Abstract

This article focuses on relevant European Directives and decisions affecting ship-source pollution, such as (1) Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on shipsource pollution and on the introduction of penalties for infringements: and (2) Council Framework Decision 2005/667/JHA of 12 July 2005 to strengthen the criminal-law framework for the enforcement of the law against ship-source pollution. The vacuum created by the two judgments of the European Court of Justice in Cases C-176/03 and C-440/05 (both) Commission v. Council, annulling Council Framework Decision 2005/667/JHA, was filled in by Directive 2009/123/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements. The penalties introduced by the Directive cover offences committed by natural and legal persons. The purpose of this Directive is to incorporate international standards for ship-source pollution into European law and to ensure that persons responsible for discharges of polluting substances are subject to adequate penalties, including criminal penalties, in order to improve maritime safety and to enhance protection of the marine environment from pollution by ships.