Directives for Commercial Transportation

Directive 2005/35/EC

The current legislation states that ship-source discharges in breach of Community law constitute a criminal offence and that penalties, both criminal and administrative, must be imposed if the persons concerned are found to have caused or participated in the act with intent or as a result of negligent behaviour.

These rules comprise two different elements:
 the incorporation into Community law of international discharge rules for ship-source pollution;
 the application by the Member States of penalties when these rules are breached and the definition of the legal framework for these penalties.

The Directive makes such discharges of polluting substances an offence when carried out in:
 the internal waters, including ports, of a Member State;
 the territorial waters of a Member State;
 straits used for international navigation subject to the regime of transit passage, as laid down in the 1982 United Nations Convention on the Law of the Sea;
the exclusive economic zone (EEZ) of a Member State;
 the high seas.