Directive 2024/3101 - Amendment of Directive 2005/35/EC as regards ship-source pollution and on the introduction of administrative penalties for infringements - Main contents
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official title
Directive (EU) 2024/3101 of the European Parliament and of the Council of 27 November 2024 amending Directive 2005/35/EC as regards ship-source pollution and on the introduction of administrative penalties for infringements| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2024/3101 |
| Regdoc number | PE(2024)91 |
| Original proposal | COM(2023)273  |
| CELEX number i | 32024L3101 |
| Document | 27-11-2024; Date of signature |
|---|---|
| Signature | 27-11-2024 |
| Effect | 05-01-2025; Entry into force Date pub. +20 See Art 4 |
| End of validity | 31-12-9999 |
| Transposition | 06-07-2027; See Art 2.1 |
Official Journal of the European Union |
EN L series |
2024/3101 |
16.12.2024 |
DIRECTIVE (EU) 2024/3101 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 27 November 2024
amending Directive 2005/35/EC as regards ship-source pollution and on the introduction of administrative penalties for infringements
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(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 freedom of navigation as provided for by the United Nations Convention on the Law of the Sea. |
(2) |
The International Convention on the Prevention of Pollution from Ships (‘Marpol 73/78’) of the International Maritime Organization (IMO) provides for general prohibitions on discharges from ships at sea, but also regulates the conditions under which certain substances can be discharged into the marine environment. Marpol 73/78 contains exceptions for the discharge of polluting substances, subject to its Annexes, that are not to be regarded as an infringement where specified conditions are fulfilled. Those Annexes do not exempt cases where those liable for the damage acted either with intent to cause damage or recklessly and with knowledge that damage would probably result. |
(3) |
Since the adoption of Directive 2005/35/EC of the European Parliament and of the Council (3), Marpol 73/78 and its Annexes have been the subject of important amendments, which have put in place stricter norms and prohibitions for discharges of substances from ships into the sea. Those changes as well as the lessons learned from the implementation of Directive 2005/35/EC should be taken into account. |
(4) |
While an overarching objective of this Directive is to transpose important amendments to Marpol 73/78 into Union law, an up-to-date and complete text of Marpol 73/78 and its related annexes is not publicly available. This makes it burdensome for the sector, citizens and administrations to gain proper access to the text of Marpol 73/78 and other similar IMO conventions. |
(5) |
Member States should work within the IMO to make the full and up-to date texts of IMO conventions, including Marpol 73/78 and its annexes, accessible to the public free of charge. |
(6) |
Directive (EU) 2019/883 of the European Parliament and of the Council (4) ensures that waste from ships is delivered to Union ports, where it is collected by adequate port reception facilities. The enforcement of Directive (EU) 2019/883 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 as regards 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, with a view to discouraging ships from illegally discharging polluting substances into the sea instead of delivering them to port reception facilities in accordance with Directive (EU) 2019/883. |
(7) |
Directive (EU) 2019/883 does not include within its scope Annex III to Marpol 73/78 because packaged goods are not categorised as waste; therefore... |
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