Ship source pollution
Evaluation study on the implementation of Directive 2009/123/EC on amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements
Client: DG JUST
Directive 2009/123/EC on ship-source pollution and on the introduction of penalties for infringement, adopted on 21 October 2009, aimed to strengthen the criminal law framework provided under Directive 2005/35/EC on ship source pollution and on the introduction of penalties for infringement. It widened the scope of that Directive by obliging Member State to introduce “effective, proportionate and dissuasive sanctions” for specific criminal offences related to ship-source pollution. The deadline for implementation of the Directive was 16 November 2010.
The evaluation study provided the Commission with factual information, analysis and data on the legal and institutional framework of the Member States of the EU created on the basis of Directive 2009/123/EC, as well as the application of such framework. The study provided a comprehensive review of the legal framework in this area in all 28 Member States by assessing the extent to which the provisions of Directive 2009/123/EC had been correctly implemented through appropriate provisions in the national law of the Member States.
This assessment involved not only a desk study and legal analysis, but also collection of data on both administrative and criminal cases of ship-source pollution in each of the Member States and interviews with national authorities and practitioners. This review verified the extent to which the organisational and administrative arrangements had been put into place in the Member States, and identified inadequacies in the national implementing provisions and the national organisational/administrative arrangements. The final report included an overall comparative assessment of the way Member States have transposed and implemented the Directive.