‘Directive 2009/123/EC of the European Parliament and of the Council is based on Article 80 TEC (now Article 100 TFEU) and aims at the improvement of maritime safety and the enhanced protection of the marine environment. This is to be accomplished through the use of legal means provided for by criminal law. The Contracting Parties have agreed that this Directive shall be incorporated into the EEA Agreement. The Contracting Parties agree that the incorporation of Directive 2009/123/EC is without prejudice to the scope of the EEA Agreement, and take note that, following the entry into force of the TFEU, the EU legislator may adopt minimum rules pursuant to Article 83(2) TFEU with regard to the definition of criminal offences and sanctions in a particular EU policy area if this “proves essential to ensure effective implementation of a Union policy in an area which has been subject to harmonisation measures”. Future legislative measures adopted under Article 83(2) will not be EEA relevant.’