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1. Member States shall ensure that discharges of polluting substances into any of the areas set out in Article 3(1) are regarded as infringements, unless:

(a) for polluting substances subject to regulation by Annex I to Marpol 73/78, those discharges satisfy the conditions set out in Annex I Regulations 15, 34, 4.1, 4.2 or 4.3 to Marpol 73/78 and section 1.1.1 of part II-A of the International Code for Ships Operating in Polar Waters (‘Polar Code’);

(b) for polluting substances subject to regulation by Annex II to Marpol 73/78, those discharges satisfy the conditions set out in Annex II Regulations 13, 3.1.1, 3.1.2 or 3.1.3 to Marpol 73/78 and section 2.1 of part II-A of the Polar Code;

(c) for polluting substances subject to regulation by Annex III to Marpol 73/78, those discharges satisfy the conditions set out in Annex III Regulation 8.1 to Marpol 73/78;

(d) for polluting substances subject to regulation by Annex IV to Marpol 73/78, those discharges satisfy the conditions set out in Annex IV Regulations 3, 11.1 and 11.3 to Marpol 73/78 and section 4.2 of part II-A of the Polar Code;

(e) for polluting substances subject to regulation by Annex V to Marpol 73/78, those discharges satisfy the conditions set out in Annex V Regulations 4.1, 4.2, 5, 6.1, 6.2 and 7 to Marpol 73/78 and section 5.2 of part II-A of the Polar Code; and (f) for Exhaust Gas Cleaning System residue, those discharges satisfy the conditions set out in Annex VI Regulations 4, 14.1, 14.4, 14.6, 3.1.1 and 3.1.2 to Marpol 73/78, taking into account the Guidelines developed by the IMO, including Resolution MEPC.340(77) in its up-to-date version.

2. Each Member State shall take all necessary measures to ensure that any company, or other legal or natural person having committed an infringement within the meaning of paragraph 1 is held liable.