ENVIRONMENT – POLLUTION

Directive (EU) 2016/2284 should ‘contribute to achieving, in a cost effective manner, the air quality objectives set out in Union legislation and to mitigating climate change impacts in addition to improving air quality globally and to improving synergies with Union climate and energy policies’, as well as ‘contribut[ing] to the reduction of air pollution’. Its aim, ‘inter alia, is to protect human health’ [Source: Recitals n. 9, 11, 27].

The purpose of Directive 2005/35/EC (3) and of this Directive is to approximate the definition of ship-source pollution offences committed by natural or legal persons, the scope of their liability and the criminal nature of penalties that can be imposed for such criminal offences by natural persons (…).Criminal penalties, which demonstrate social disapproval of a different nature than administrative sanctions, strengthen compliance with the legislation on ship-source pollution in force and should be sufficiently severe to dissuade all potential polluters from any violation thereof (…)’. The Directive also aims at ‘reinforc[ing] maritime safety and help[ing] prevent ship-source pollution’ in view of the ‘the need to ensure a high level of safety and protection of the environment’ [Source: Recitals n. 1, 3, 4, 10]

‘This Directive lays down rules for protection against, and prevention of, pollution resulting from the discharge of certain substances into the aquatic environment. It applies to inland surface water, territorial waters and internal coastal waters’ [Source: http://eur-lex.europa.eu].

Directive 2005/35/EC ‘creates rules that are applicable EU-wide on the imposition of penalties in the event of discharges of oil or other polluting substances from ships sailing in its waters’ [Source: http://eur-lex.europa.eu].