1.

Article 220(6) of the United Nations Convention on the Law of the Sea, signed at Montego Bay on 10 December 1982, and Article 7(2) of 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, including criminal penalties, for pollution offences, as amended by Directive 2009/123/EC of the European Parliament and of the Council of 21 October 2009, must be interpreted as meaning that the expression ‘clear objective evidence’ within the meaning of those provisions covers not only the commission of a violation, but also evidence of the consequences of that violation.

2.

The expression ‘coastline or related interests’ in Article 220(6) of the United Nations Convention on the Law of the Sea and Article 7(2) of Directive 2005/35, as amended by Directive 2009/123, must be interpreted as meaning that, in principle, it has the same meaning as the expression ‘coastline or related interests’ in Article I(1) and Article II(4) of the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, concluded at Brussels on 29 November 1969, it being understood that Article 220(6) of the United Nations Convention on the Law of the Sea also applied to non-living resources of the territorial sea of the coastal State and to any resources in its exclusive economic zone.

3.

Article 220(6) of the United Nations Convention on the Law of the Sea and Article 7(2) of Directive 2005/35, as amended by Directive 2009/123, must be interpreted as meaning that the resources of the territorial sea and the exclusive economic zone of a coastal State, within the meaning of those provisions, cover both harvested species and also species associated with them and which are dependent on them, such as animal and plant species which feed on the harvested species.

4.

It is unnecessary, in principle, to take account of the concept of ‘significant pollution’ referred to in Article 220(5) of the United Nations Convention on the Law of the Sea when applying Article 220(6) of that convention and Article 7(2) of Directive 2005/35, as amended by Directive 2009/123, and, in particular, when assessing the consequences of a violation, such as those defined in those provisions.

5.

In order to assess the consequences of a violation, as defined in Article 220(6) of the United Nations Convention on the Law of the Sea and Article 7(2) of Directive 2005/35, as amended by Directive 2009/123, all the evidence to establish that damage has been caused or that there is a threat of damage to the resources and related interests of the coastal State and to evaluate the extent of the damage caused or threatened to those resources or related interests, taking account inter alia of

6.

The specific geographical and ecological characteristics and sensitivity of the Baltic Sea area have an effect on the conditions of applicability of Article 220(6) of the United Nations Convention on the Law of the Sea and Article 7(2) of the Directive 2005/35, as amended by Directive 2009/123, as regards the definition and classification of the violation and, although not automatically, on the assessment of the extent of the damage that that violation has caused to the resources and related interests of the coastal State.

7.

Article 1(2) of Directive 2005/35, as amended by Directive 2009/123, must be interpreted as meaning that it does not allow the Member States to impose more stringent measures in accordance with international law that those laid down in Article 7(2) thereof, where international law is applicable, given that the coastal States are authorised to take other measures equivalent in scope to those laid down in Article 220(6).