Bijlagen bij COM(2023)273 - Wijziging van Richtlijn 2005/35/EG inzake verontreiniging vanaf schepen en de invoering van sancties, met inbegrip van strafrechtelijke sancties, voor verontreinigingsdelicten - Hoofdinhoud
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| dossier | COM(2023)273 - Wijziging van Richtlijn 2005/35/EG inzake verontreiniging vanaf schepen en de invoering van sancties, met inbegrip van ... |
|---|---|
| document | COM(2023)273  |
| datum | 1 juni 2023 |
Support Member States by building their capacity to detect pollution incidents, verify, collect evidence and effectively penalise identified offenders in a timely and harmonised manner.
Ensure that persons (natural & legal) responsible for illegal discharges from ships are subject to effective, proportionate & dissuasive penalties.
Ensure simplification and effective reporting on ship-source pollution incidents and follow-up activities.
1.4.3.Expected result(s) and impact
Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.
This proposal is expected to improve the effectiveness of the penalties and lead to a level playing field by ensuring harmonised and proportionate penalties and levels of penalties that are high enough to discourage illegal discharge.
This proposal is expected to lead to an overall improvement in the effectiveness of verification of Member State authorities and thus increase the proportion of identified offenders, as well as simplify and improve the reporting on the implementation of the Directive.
1.4.4.Indicators of performance
Specify the indicators for monitoring progress and achievements.
The effectiveness of the proposed Directive, with respect to the specific objective no. 1, will be determined based on the number of infringements and the number of detections for oil, noxious liquid substances, packaged goods, sewage, garbage and scrubber residues discharged by ships.
The effectiveness of the proposed Directive, with respect to the specific objective no. 2, will be determined based on the number of verifications per Member State (verification level), the number of identified offenders as a result of verification (identified polluters), the number of notifications by whistle-blowers and the number of EMSA trainings and workshops.
The effectiveness of the proposed Directive, with respect to the specific objective no. 3, will be determined based on the levels of monetary fines imposed and the types of penalties imposed.
The effectiveness of the proposed Directive, with respect to the specific objective no. 4, will be determined based on the number of updates per Member State in the reporting tool, the number of ship discharges recorded in the reporting tool per Member State and the number of views/visits at the public website.
1.5.Grounds for the proposal/initiative
1.5.1.Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative
EMSA will be required to establish additional satellite monitoring services to Member State authorities because of the extension of the scope of the Directive and upgrade the CleanSeaNet service to better monitor and detect the pollutants. EMSA will be required to develop trainings and develop guidance documents, while regularly updating them. It will also develop an external reporting channel for whistle-blowers, to submit information on possible illegal discharges and enhance the Integrated Maritime Services. EMSA will also be required to develop and maintain a new reporting tool so that Member States report on each ship-source pollution incident, as well as develop a website to keep the public informed about ship-source pollution.
In total, 9 FTEs will be needed to support the provision of the additional satellite monitoring services and additional 3 FTEs to support the development of the Integrated Maritime Services. From those, 1 will be required in the next MFF.
1.5.2.Added value of Union involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this point 'added value of Union involvement' is the value resulting from Union intervention which is additional to the value that would have been otherwise created by Member States alone.
Reasons for action at European level (ex-ante)
Diverging national approaches can hinder efficient cooperation of Member States and allow offenders to escape penalties. The higher vulnerability of some regions and diverging capacity of Member States to verify and prosecute cases of ship-source pollution makes EU action necessary, especially with accompanying measures of support by common EMSA digital tools. Given the international nature of maritime transport, there is a clear need to have a cross-border framework that would ensure equal treatment for ship operators regardless of where the pollution incident occurred.
Expected generated Union added value (ex-post)
EU action ensures a level playing field and facilitate national verification, and prosecution as well as cross-border enforcement leading to more dissuasive penalties. EU action will provide for clear added value on countering ship-source pollution which typically have transnational dimension compared to what Member States acting alone can achieve. Further clarification of the EU liability regime and improved satellite surveillance covering more types of pollutants thanks to the extended scope of the Directive in line with MARPOL is ensuring a more efficient and effective implementation of the obligations by the Member States.
1.5.3.Lessons learned from similar experiences in the past
The EMSA tools proved to be efficient and beneficial for Member States in the context of achieving the objectives of the Directive. The increased satellite surveillance has contributed to enhanced illegal discharge detection and indirectly to the prevention of ship-source pollution of the marine environment. However, following an evaluation of the Directive, its objectives, even though adequate, were not fully achieved and its scope is limited.
The implementation of CleanSeaNet service, a tool for satellite surveillance has been successful, however it should be further developed to cover the extended scope of the Directive.
The results of the ex-post evaluation are reflected in the impact assessment accompanying this initiative as summarised in Table 2.
1.5.4.Compatibility with the Multiannual Financial Framework and possible synergies with other appropriate instruments
The proposed revision is a key deliverable of the Communication from the Commission on a Sustainable and Smart Mobility Strategy, which sets out the EU vision for a more sustainable transport system of the future. The strategy announced that the Commission is planning to initiate a major review of existing legislation, including the ship-source pollution in 2022 (under Flagship 2 - Creating zero-emission airports and ports). This will improve air quality locally thereby contributing to improved health of nearby residents.
The proposed revision will create synergies with other pieces of EU regulatory framework, notably the Directive (EU) 2019/883 on port reception facilities, Directive on the protection of the environment through criminal law, the Directive 2009/21/EC on compliance with flag State requirements, Directive 2009/16/EC on port State control and Directive 2009/18/EC on accident investigation.
The proposal is compatible with the current Multiannual Financial Framework, although it will require reprogramming within Heading 1 as regards the annual contribution to EMSA (budgetary offsetting by a compensatory reduction of programmed spending under CEF Transport (02 03 01). The budget impact of the current proposal is already included in the budget for the Commission proposal for a Regulation of the European Parliament and of the Council on the European Maritime Safety Agency and repealing Regulation (EC) No 1406/2002.
The budget impact beyond the current MFF is an indicative overview, without prejudice to the future MFF Agreement.
1.5.5.Assessment of the different available financing options, including scope for redeployment
The budgetary impact of this initiative refers to the additional resources necessary for the establishment of additional satellite monitoring services to Member State authorities by an upgrade of the CleanSeaNet service, the provision of training and guidance, the development and maintenance of a new reporting tool, further developments of the Integrated Maritime Services as well as a new website for keeping the public informed on ship-source pollution, and the related data collection, monitoring and reporting tasks under the proposed Directive. These are new tasks for EMSA that will become permanent, while existing tasks will not decrease or be partly phased out.
The additional need of human resources cannot be met by redeployment, while the additional budgetary needs will be met through offsetting by existing programmes managed by DG MOVE under the current multiannual financial framework.
The increase in appropriations for EMSA will be offset by a compensatory reduction of programmed spending under CEF Transport (02 03 01). The budget impact of the current proposal is already included in the budget for the Commission proposal for a Regulation of the European Parliament and of the Council on the European Maritime Safety Agency and repealing Regulation (EC) No 1406/2002.
The budget impact beyond the current MFF is an indicative overview, without prejudice to the future MFF Agreement.
1.6.Duration and financial impact of the proposal/initiative
◻ limited duration
–◻ Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY
–◻ Financial impact from YYYY to YYYY
☑ unlimited duration
–Implementation with a start-up period from 2025,
–followed by full-scale operation.
1.7.Method(s) of budget implementation planned 46
◻ Direct management by the Commission through
–◻ executive agencies
◻ Shared management with the Member States
☑ Indirect management by entrusting budget implementation tasks to:
◻ international organisations and their agencies (to be specified);
◻the EIB and the European Investment Fund;
☑ bodies referred to in Articles 70 and 71;
◻ public law bodies;
◻ bodies governed by private law with a public service mission to the extent that they are provided with adequate financial guarantees;
◻ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that are provided with adequate financial guarantees;
◻ bodies or persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.
Comments
Management of the proposed Directive will be done overall by the Commission services assisted by the European Maritime Safety Agency as appropriate.
Member States will be required to transpose the provisions of the Directive by the respective deadline.
2.MANAGEMENT MEASURES
2.1.Monitoring and reporting rules
Specify frequency and conditions.
The Commission and/or EMSA will verify that feedback to CleanSeaNet alerts is being provided by the Member States in a timely and effective manner and that information on evidence collection and penalties is uploaded to the reporting tool regularly. An EU website will also be developed with core indicators on the implementation rate and the key non-confidential information updated regularly with data from the reporting tool to keep the public informed on the implementation and on pollution incidents.
EMSA, on behalf of the Commission, will carry out visits to Member States to verify operations on the ground. The respective visits reports will identify any shortcomings and areas for improvement. EMSA will also carry out a horizontal analysis and technical assistance, giving an indication of how the legislation is functioning and identifying gaps and what can be done to address them, and report to the Commission and Member States.
The Commission in an expert group will develop implementing acts and interpretative guidelines to ensure a harmonized implementation by the Member States.
2.2.Management and control system(s)
2.2.1.Justification of the management mode(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed
The Commission will be overall accountable for implementing the proposed Directive as well as for evaluating its efficiency and proposing revisions where necessary. The Commission will be assisted by EMSA as appropriate in providing the IT services and developing the IT tools necessary for the reporting, monitoring and verification provisions of the proposed Directive, as well as organising trainings. Member States will be required to carry out the transposition of the Directive to their national legislation by the deadline mentioned in the Directive. Member States will also be required to carry out enforcement, notably by applying administrative penalties in cases of non-compliance. Enforcement activites may be carried out as part of existing inspections, in particular during Port State Control.
2.2.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them
While the Commission will be overall accountable for implementing the proposed Directive as well as for evaluating the implementation and compliance, the European Maritime Safety Agency will be responsible for the performance of its operation and for the implementation of its internal control framework. It will be required to develop IT tools and modules, as well as provide training to the Member State authorities, and the Member States will be required to carry out enforcement.
EMSA is best placed to carry out reporting and assessment of compliance tasks, as this will be technical work, requiring strong expertise in data management, as well as in-depth understanding of complex technical matters related to illegal discharges and ship-source pollution.
Member States are best placed to carry out the enforcement of the proposed Directive, notably in a harmonized way by information and experience exchange and by fulfillling their responsibilities as parties to MARPOL.
DG MOVE will apply the necessary controls in line with the supervision strategy adopted in 2017 on the DG's relations with decentralised agencies and JUs. Under the strategy, DG MOVE monitors performance indicators for the implementation of the budget, the audit recommendations and administrative matters. A report is provided by the Agency on a bi-annual basis. The controls performed on the supervision of the Agency as well as on the related financial and budgetary management are in accordance with DG MOVE’s Control Strategy, updated in 2022.
The additional resources put at the disposal of EMSA will be covered by EMSA’s internal control and risk management system that is aligned with the relevant international standards and includes specific controls to prevent conflict of interests and ensure the protection of whistle-blowers.
2.2.3.Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs ÷ value of the related funds managed"), and assessment of the expected levels of risk of error (at payment & at closure)
Under the proposed Directive, additional financing will be provided to EMSA, which will be developing IT tools and modules, as well as providing training to the Member State authorities.
EMSA has full responsibility for the implementation of their budget, while DG MOVE is responsible for the regular payment of the contributions established by the Budgetary Authority. The expected level of risk of error at payment and at closure is similar to that attached to the budget subsidies provided to the Agency.
The additional tasks resulting from the proposed revision are not expected to generate specific additional controls. Therefore, the cost of control for DG MOVE (measured against the value of funds managed) is expected to remain stable.
2.3.Measures to prevent fraud and irregularities
Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.
The proposed Directive regulates pollution prevention and hence no specific anti-fraud measures are included.
EMSA applies the anti-fraud principles of decentralised EU Agencies, in line with the Commission approach. In March 2021, the Agency adopted an updated Anti-Fraud Strategy, based on the methodology and guidance for anti-fraud strategy presented by OLAF as well as on the Anti-Fraud Strategy of DG MOVE. It provides a framework addressing the issues of prevention, detection and conditions for investigations of fraud at Agency level. EMSA continuously adapts and improves its policies and actions to promote the highest level of integrity of EMSA staff, support effective prevention and detection of fraud risk and establish the appropriate procedures to report and handle potential fraud cases and their outcome. Furthermore, EMSA adopted in 2015 its Conflict of Interest policy for the Management Board.
EMSA cooperates with the Commission services on matters relating to preventing fraud and irregularity. The Commission will ensure that this cooperation will continue and will be strengthened.
The proposed Directive contains clear and detailed rules on the legal enforcement to ensure that the obligations it contains are not circumvented by economic operators. The Commission will ensure that appropriate measures are in place to protect the financial interests of the Union by effective checks and, if irregularities, fraud or breach of obligations are detected, by their notification.
The Commission will also take appropriate measures to protect the confidentiality of information obtained in implementation of this Directive and published.
3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE
3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected
·Existing budget lines
In order of multiannual financial framework headings and budget lines.
| Heading of multiannual financial framework | Budget line | Type of expenditure | Contribution | |||
| Number | Diff./Non-diff. 47 | from EFTA countries 48 | from candidate countries and potential candidates 49 | From other third countries | other assigned revenue | |
| 1 | 02 10 02 | Non-diff. | YES | NO | NO | NO |
·New budget lines requested
In order of multiannual financial framework headings and budget lines.
| Heading of multiannual financial framework | Budget line | Type of expenditure | Contribution | |||
| Number | Diff./non-diff. | from EFTA countries | from candidate countries and potential candidates | from other third countries | other assigned revenue | |
| [XX.YY.YY.YY] | YES/NO | YES/NO | YES/NO | YES/NO |
3.2.Estimated impact on expenditure
3.2.1.Summary of estimated impact on expenditure
EUR million (to three decimal places)
| Heading of multiannual financial framework | 1 | Single Market, Innovation and Digital |
| European Maritime Safety Agency (EMSA) | Year 2025 | Year 2026 | Year 2027 | Year 2028-2034 | TOTAL | ||
| Title 1: | Commitments | (1) | 0.513 | 1.881 | 1.881 | 14.364 | 18.639 |
| Payments | (2) | 0.513 | 1.881 | 1.881 | 14.364 | 18.639 | |
| Title 2: | Commitments | (1a) | |||||
| Payments | (2a) | ||||||
| Title 3: | Commitments | (3a) | 6.450 | 7.050 | 7.250 | 46.650 | 67.400 |
| Payments | (3b) | 6.450 | 7.050 | 7.250 | 46.650 | 67.400 | |
| TOTAL appropriations for EMSA | Commitments | =1+1a +3a | 6.963 | 8.931 | 9.131 | 61.014 | 86.039 |
| Payments | =2+2a +3b | 6.963 | 8.931 | 9.131 | 61.014 | 86.039 |
The budget impact beyond the current MFF is an indicative overview, without prejudice to the future MFF Agreement.
Heading of multiannual financial framework | 7 | ‘Administrative expenditure’ |
EUR million (to three decimal places)
| Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | TOTAL | ||||
| DG: <…….> | |||||||||
| • Human Resources | |||||||||
| • Other administrative expenditure | |||||||||
| TOTAL DG <…….> | Appropriations |
| TOTAL appropriations under HEADING 7 of the multiannual financial framework | (Total commitments = Total payments) |
EUR million (to three decimal places)
| Year 2025 | Year 2026 | Year 2027 | Year 2028-2034 | TOTAL | |||
| TOTAL appropriations under HEADINGS 1 to 7 of the multiannual financial framework | Commitments | 6.963 | 8.931 | 9.131 | 61.014 | 86.039 | |
| Payments | 6.963 | 8.931 | 9.131 | 61.014 | 86.039 |
The budget impact beyond the current MFF is an indicative overview, without prejudice to the future MFF Agreement.
3.2.2.Estimated impact on EMSA's appropriations
–☑ The proposal/initiative does not require the use of operational appropriations
–◻ The proposal/initiative requires the use of operational appropriations, as explained below:
Amounts in EUR million (to three decimal places)
| Indicate objectives and outputs ⇩ | Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | TOTAL | ||||||||||||
| OUTPUTS | ||||||||||||||||||
| Type 50 | Average cost | No | Cost | No | Cost | No | Cost | No | Cost | No | Cost | No | Cost | No | Cost | Total No | Total cost | |
| SPECIFIC OBJECTIVE No 1 51 … | ||||||||||||||||||
| - Output | ||||||||||||||||||
| - Output | ||||||||||||||||||
| - Output | ||||||||||||||||||
| Subtotal for specific objective No 1 | ||||||||||||||||||
| SPECIFIC OBJECTIVE No 2 ... | ||||||||||||||||||
| - Output | ||||||||||||||||||
| Subtotal for specific objective No 2 | ||||||||||||||||||
| TOTAL COST |
Where applicable, amounts reflect the sum of the Union contribution to the agency and other revenue of the agency (fees and charges).
3.2.3.Estimated impact on EMSA's human resources
3.2.3.1.Summary
–◻ The proposal/initiative does not require the use of appropriations of an administrative nature
–☑ The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:
EUR million (to three decimal places) Where applicable, amounts reflect the sum of the Union contribution to the agency and other revenue of the agency (fees and charges).
| Year 2025 | Year 2026 | Year 2027 | Year 2028-2034 | TOTAL |
| Temporary agents (AD Grades) | 0.428 | 1.539 | 1.539 | 11.97 | 15.476 |
| Temporary agents (AST grades) | 0.086 | 0.342 | 0.342 | 2.394 | 3.164 |
| Contract staff | |||||
| Seconded National Experts |
| TOTAL | 0.514 | 1.881 | 1.881 | 14.364 | 18.64 |
The budget impact beyond the current MFF is an indicative overview, without prejudice to the future MFF Agreement.Staff requirements (FTE):
| Year 2025 | Year 2026 | Year 2027 | Year 2028-2034 | TOTAL |
| Temporary agents (AD Grades) | 5 | 9 | 9 | 10 | 10 |
| Temporary agents (AST grades) | 1 | 2 | 2 | 2 | 2 |
| Contract staff | |||||
| Seconded National Experts |
| TOTAL | 6 | 11 | 11 | 12 | 12 |
The budget impact beyond the current MFF is an indicative overview, without prejudice to the future MFF Agreement.
EMSA will start preparing the recruitment as soon as the proposal is adopted. The costs are estimated based on the assumption that the 6 FTEs are recruited as of 1st July 2025. So only 50% of the HR costs are needed for the first year.
3.2.3.2.Estimated requirements of human resources for the parent DG
–☑ The proposal/initiative does not require the use of human resources.
–◻ The proposal/initiative requires the use of human resources, as explained below:
Estimate to be expressed in full amounts (or at most to one decimal place)
| Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | ||||
| ·Establishment plan posts (officials and temporary staff) | ||||||||
| 20 01 02 01 and 20 01 02 02 (Headquarters and Commission’s Representation Offices) | ||||||||
| 20 01 02 03 (Delegations) | ||||||||
| 01 01 01 01 (Indirect research) | ||||||||
| 10 01 05 01 (Direct research) | ||||||||
| • External staff (in Full Time Equivalent unit: FTE) 52 | ||||||||
| 20 02 01 (AC, END, INT from the ‘global envelope’) | ||||||||
| 20 02 03 (AC, AL, END, INT and JPD in the Delegations) | ||||||||
| Budget line(s) (specify) 53 | - at Headquarters 54 | |||||||
| - in Delegations | ||||||||
| 01 01 01 02 (AC, END, INT – Indirect research) | ||||||||
| 10 01 05 02 (AC, END, INT – Direct research) | ||||||||
| Other budget lines (specify) | ||||||||
| TOTAL |
The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.
Description of tasks to be carried out:
| Officials and temporary staff | |
| External staff |
Description of the calculation of cost for FTE units should be included in the Annex V, section 3.
3.2.4.Compatibility with the current multiannual financial framework
–☑ The proposal/initiative is compatible the current multiannual financial framework.
–☑ The proposal/initiative will entail reprogramming of the relevant heading in the multiannual financial framework.
The tasks allocated to EMSA will require reprogramming of the budget line for the annual contribution to the Agency (02 10 02) under the current multiannual financial framework. The increase in appropriations for EMSA will be offset by a compensatory reduction of programmed spending under CEF Transport (02 03 01) under the current multiannual financial framework. The budget impact beyond the current MFF is an indicative overview, without prejudice to the future MFF Agreement.
–◻ The proposal/initiative requires application of the flexibility instrument or revision of the multiannual financial framework 55 .
Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.
3.2.5.Third-party contributions
–The proposal/initiative does not provide for co-financing by third parties.
–The proposal/initiative provides for the co-financing estimated below:
EUR million (to three decimal places)
| Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | Total | |||
| Specify the co-financing body | ||||||||
| TOTAL appropriations co-financed |
3.3.Estimated impact on revenue
–☑ The proposal/initiative has no financial impact on revenue.
–◻ The proposal/initiative has the following financial impact:
on own resources
on other revenue
please indicate, if the revenue is assigned to expenditure lines
EUR million (to three decimal places)
| Budget revenue line: | Appropriations available for the current financial year | Impact of the proposal/initiative 56 | ||||||
| Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | ||||
| Article …………. |
For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected.
Specify the method for calculating the impact on revenue.
(1) OJ L 255, 30.9.2005, p.11
(2) OJ L 280, 27.10.2009, p. 52.
(3) MV Erika accident in 1999, France (20,000 tonnes of oil), MV Prestige accident in 2002, Spain (63,000 tonnes of oil).
(4) COM(2020) 789 final
(5) COM(2021) 400 final
(6) OJ L xxxx.
(7) Annex III is not covered under Directive (EU) 2019/883 because packaged goods are not waste. Nevertheless, it is proposed to cover Annex III under Directive 2005/35/EC because it cannot be ruled out that illegal jettisoning of packaged goods into the sea might take place, in which case Directive 2005/35/EC should apply.
(8) OJ L 131 28.5.2009, p. 57
(9) OJ L 131, 28.5.2009, p. 114
(10) OJ L 131, 28.5.2009, p.132
(11) OJ L 328, 6.12.2008, p. 28.
(12) OJ L 164 25.6.2008, p. 19.
(13) EMSA carries out such visits under Article 3 of Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency as part of its core tasks; therefore, no additional costs are expected to arise.
(14) International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organisation by Assembly Resolution A.741(18) of 4 November 1993, as amended.
(15) Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (Text with EEA relevance).
(16) Directive (EU) 2023/xxxx in its Articles 5 and 7 addresses non-criminal sanctions and these requirements must be taken into account when applying Directive 2005/35/EC.
(17) OJ C 77, 31.3.2009, p. 69.
(18) OJ C 202, 7.6.2016, p. 177.
(19) Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11).
(20) Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116).
(21) Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 2016 relating to a reduction in the sulphur content of certain liquid fuels (codification) (OJ L 132, 21.5.2016, p. 58).
(22) OJ L xxxx.
(23) 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 (OJ L 280, 27.10.2009, p. 52).
(24) International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organisation by Assembly Resolution A.741(18) of 4 November 1993, as amended.
(25) Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (Text with EEA relevance) (OJ L 64, 4.3.2006, p.1).
(26) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(27) Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10).
(28) Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ L 131, 28.5.2009, p. 57).
(29) OJ L xxxx.
(30) Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
(31) Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
(32)
Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (Text with EEA relevance) (OJ L 295, 21.11.2018, p. 39).
(33) OJ C xxxx.
(34) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (Text with EEA relevance) (OJ L 164, 25.6.2008, p. 19).
(35) OJ L xxxx.
(36) OJ L xxxx.
(37) Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10).
(38) Commission Implementing Decision (EU) 2015/253 of 16 February 2015 laying down the rules concerning the sampling and reporting under Council Directive 1999/32/EC as regards the sulphur content of marine fuels (OJ L 41, 17.2.2015, p. 55).
(39) Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
(40) Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
(41) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (Text with EEA relevance) (OJ L 295, 21.11.2018, p. 39).
(42) Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships (OJ L 324, 29.11.2002, p. 1).
(43) Regulation (EU) No 182/2011 of the European Parliament and of the Council of of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(44) OJ L xxxx
(45) As referred to in Article 58(2)(a) or (b) of the Financial Regulation.
(46) Details of budget implementation methods and references to the Financial Regulation may be found on the BUDGpedia site: https://myintracomm.ec.europa.eu/corp/budget/financial-rules/budget-implementation/Pages/implementation-methods.aspx
(47) Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
(48) EFTA: European Free Trade Association.
(49) Candidate countries and, where applicable, potential candidates from the Western Balkans.
(50) Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).
(51) As described in point 1.4.2. ‘Specific objective(s)…’
(52) AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT = agency staff; JPD = Junior Professionals in Delegations.
(53) Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).
(54) Mainly for the EU Cohesion Policy Funds, the European Agricultural Fund for Rural Development (EAFRD) and the European Maritime Fisheries and Aquaculture Fund (EMFAF).
(55) See Articles 12 and 13 of Council Regulation (EU, Euratom) No 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027.
(56) As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20 % for collection costs.
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EUROPEAN COMMISSION
Brussels, 1.6.2023
COM(2023) 273 final
ANNEXES
to the Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences
{SEC(2023) 209 final} - {SWD(2023) 159 final} - {SWD(2023) 164 final}
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 1 , carried out either by the Member State concerned or by another Member State or a State signatory to the Memorandum of Understanding on Port State Control (Paris MOU) 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 2 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 exhaust gas cleaning systems operated as emissions abatement methods set out in Annex II of Directive (EU) 2016/802 of the European Parliament and of the Council 3 , which refers to the 2009 Guidelines for Exhaust Gas Cleaning Systems set out in Resolution MEPC.184(59)) as replaced by the 2021 Guidelines for Exhaust Gas Cleaning Systems 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 4 , including any proof 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 thereof 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 thereof; or
(5)Any other information by persons involved in the operation of the ship, including pilots, which suggests irregularities relating to potential violation of the obligations under this Directive.
ANNEX [II]
information to be included in the union-wide overview referred to in article 10C
(1)For each pollution incident verified and confirmed by a Member State, information in the Union-wide overview published 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 verification activities and 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 in accordance with Article 10c shall include:
a.number of CleanSeaNet possible pollution incidents detected by the Member State;
b.number of CleanSeaNet possible pollution incidents verified on-scene by the Member State;
c.number of confirmed pollution incidents after verification (detailed per area: territorial waters, EEZ, high seas);
d.number of identified offenders;
e.number of cases where a penalty was imposed.
(1) Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (Recast) (OJ L 131, 28.5.2009, p. 57).
(2) Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116)
(3) Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 2016 relating to a reduction in the sulphur content of certain liquid fuels (codification) (OJ L 132, 21.5.2016, p. 58).
(4) Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10).
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