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The introduction of penalties for ship-source pollution in community law: recent developments
Pellegrino, Francesca
2011
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.
Series
European Transport / Trasporti Europei
48
Publisher
EUT Edizioni Università di Trieste
Source
Pellegrino, F. (2011) The introduction of penalties for ship-source pollution in community law: recent developments, European Transport \ Trasporti Europei, 48, pp. 99-108.
Languages
en
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