Directive 2005/35 / EC , the official name of the Directive of the European Parliament and of the Council of the European Union 2005/35 / EC of September 7, 2005 “on pollution from ships and on the imposition of sanctions, including criminal sanctions, for pollution offenses” Directive 2005/35 / EC of the European Parliament and of the Council of September 7, 2005 on ship-source pollution and on the introduction of penalties for infringements ) is a regulatory act containing measures to prevent the release of oil and harmful liquid substances from ships, as well as liability for such actions. The document was adopted on September 7, 2005 in Brussels by the European Council and entered into force on October 1, 2005.
| Directive 2005/35 / EC of the European Parliament and of the Council of September 2005 on pollution from ships and the imposition of sanctions, including criminal sanctions, for pollution offenses | |
|---|---|
| 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 | |
 | |
| Branch of law | environmental law |
| View | EU directive |
| room | 2005/35 / EC |
| Adoption | European Council |
| Signing | September 7, 2005 |
| Entry into force | October 1, 2005 |
| First post | Official Journal of the European Communities |
Content
Creation History
The greatest harm to the integrity of the ecosystem of water bodies is caused by emissions of oil products [1] . Their negative impact reduces the photosynthetic ability of phytoplankton and worsens the living conditions of marine animals [2] . A significant proportion of such pollution occurs in cargo and passenger ships [3] . The consequences of the catastrophe of the oil tankers Erika (1999) and Prestige (2002) as a result of which, oil spills caused serious damage to the marine environment, coastal territories of Spain and France and negatively affected the environmental and economic situation. This incident forced the European legislator to accelerate the development of more effective regulatory documents [4] .
The result of long work was the adoption by the European Parliament in 2005 of the Directive 2005/35 / EC “on pollution from ships and on the imposition of sanctions, including criminal sanctions, for offenses related to pollution” due to the very large number of vessels sailing in the waters of the European Union , ignore the rules of the Convention MARPOL73 / 78 . To combat these violations, the provisions of the Directive introduced penalties for polluting vessels and criminal prosecution for those guilty of such acts [5] .
Document Feature
Structure
- Preamble (Whereas, consists of n [6] . 1-16);
- Art. 1-17 (Articles 1-17);
- Appendix Summary (for reference purposes) of the Marpol 73/78 discharge regulations relating to discharges of oil and noxious liquid substances , as referred to in Article 2.2);
- Part I: Oil (Marpol 73/78, Appendix I) (Part I: Oil (Marpol 73/78, Annex I));
- Part II: Harmful liquid substances (Annex II to Marpol 73/78) Part II: Noxious liquid substances (Marpol 73/78 Annex II) [7] [8] .
Tasks
Directive 2005/35 / EC was developed and adopted to tighten existing standards (with a view to their more proper implementation) to prevent the release of oil and harmful liquid substances from ships. The provisions of this act are aimed at incorporating into the legislation of the European Union international standards for the prevention of pollution from ships and ensuring the imposition of adequate sanctions, including criminal sanctions, on persons responsible for emissions of pollutants, with the aim of improving the safety of navigation and strengthening the protection of the marine environment from pollution from ships [7] .
Notes
- ↑ Actual problems of ecology and nature management. Issue 11. Collection of scientific papers . - Directmedia, 2013-08-28. - 148 p. - ISBN 5989080239 .
- ↑ Anisimov A.V., Anopchenko T. Yu., Savon D.Yu. Environmental management. Study Guide for Bachelors . - "Publishing house" "Prospect" "", 2017-03-15. - 341 p. - ISBN 9785392225583 .
- ↑ Economic foundations of ecology: Textbook for universities. 3rd ed. . - Publishing house "Peter". - 392 p. - ISBN 9785947235708 .
- ↑ Griffin R. International Business . - Publishing House "Peter", 2006. - 1090 p. - ISBN 9785469002741 .
- ↑ Ph.D., associate professor Mishchik N.A. French marine pollution control system. Part one. Legal basis. Convention requirements . Right / 13. International law .
- ↑ Item
- ↑ 1 2 Directive of the European Parliament and of the Council of the European Union 2005/35 / EC of 09.09.2005 on pollution from ships and on the imposition of sanctions, including criminal sanctions, for offenses related to pollution . base.garant.ru. Date of treatment August 28, 2017.
- ↑ EUR-Lex - 32005L0035 - EN - EUR-Lex (English) . eur-lex.europa.eu. Date of treatment August 28, 2017.