Criminal Protection from Marine Pollution Originating from Ships in European Union Legislation

摘要

The sea is an environmental component which is significantly exposed to pollution. Because of its increasing intensity, this fact caught the attention of the relevant bodies of the European Union. The European Union has adopted a series of acts, the objective of which is to reduce and to prevent further marine pollution and consequent negative changes in the marine environment, by means of criminal measures. Regulation of criminal responsibility for marine pollution originating from ships has appeared lately in the European Union legislation, and the first stage of its regulation was completed on October 21, 2009 by adopting Directive 2009/123/EC on Amendment of Directive 2005/35/EC of the European Parliament and Council, dated September 7, 2005 on pollution originating from ships, and introduction of penalties for violations. Adoption of the above-mentioned Directive 2009/123/EC was preceded by a complicated procedure of establishing criminal law framework for prevention of marine pollution in the direction of harmonisation of criminal law. It is important to emphasise that the Court of Justice of the European Union was included in the entire procedure. Its judgement led to the annulment of Council Framework Decision 2005/667/ PUP dated June 12, 2005, on strengthening of criminal law framework against pollution originating from ships, but also to defining of basic principles of criminal legislation of the Union. Since accession to the European Union is one of the strategic objectives of the Republic of Croatia in the following period, which is preceded by a complex process of harmonisation of its own legislation with the acquis communautaire of the Union, criminal legislation of the Union in relation to marine pollution originating from ships will also have a significant impact on Croatian legislation.