5. — Directive 2009/123/EC of the European Parliament and of the Council of 21…

5.

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 (Text with EEA relevance) · European Union

after Article 5 the following Articles are inserted: ‘Article 5a Criminal offences 1. Member States shall ensure that infringements within the meaning of Articles 4 and 5 are regarded as criminal offences. 2. Paragraph 1 shall not apply to minor cases, where the act committed does not cause deterioration in the quality of water. 3. Repeated minor cases that do not individually but in conjunction result in deterioration in the quality of water shall be regarded as a criminal offence, if committed with intent, recklessly or with serious negligence. Article 5b Inciting, aiding and abetting Member States shall ensure that any act of inciting, or aiding and abetting an offence committed with intent and referred to in Article 5a(1) and (3), is punishable as a criminal offence.’;

National law under this provision

2 national measures recorded under this provision, in 1 form — sign in to view the analysis.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.