Recital 72

(72) Directive 2005/35/EC of the European Parliament and of the Council (17) was supplemented by Directive 2009/123/EC with provisions on criminal offences and penalties for ship-source discharges of polluting substances. Such offences and penalties should fall within the scope of this Directive. Therefore, for Member States bound by this Directive, Directive 2009/123/EC should be replaced. That replacement should be without prejudice to the obligation of those Member States with regard to the date for transposition of that Directive into national law. Accordingly, with regard to the Member States bound by this Directive, references to those provisions of Directive 2005/35/EC added or replaced by Directive 2009/123/EC should be construed as references to this Directive. Member States not bound by this Directive should remain bound by Directive 2005/35/EC as amended by Directive 2009/123/EC.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.