(5)The amendments to Annexes I and II to MARPOL will introduce measures associated with the adoption of the draft International Code for ships operating in polar waters (the ‘Polar Code’), to make the Polar Code mandatory. The Polar Code extends the current MARPOL ban on oil/noxious liquid discharges in the antarctic to polar waters. Article 4 of Directive 2005/35/EC of the European Parliament and of the Councilnote, in conjunction with Article 3(1) thereof, provides that Member States have to ensure that ship-source discharges of polluting substances, including minor cases of such discharges, are regarded as infringements if committed with intent, recklessly or with serious negligence. Article 5(1) of that Directive provides that a discharge of polluting substances is not to be regarded as such an infringement if it satisfies the conditions set out in inter alia Annex I, Regulations 15 and 34 of MARPOL. Both Regulation 15 and 34 are among the MARPOL Regulations that will be changed with the adoption of the amendments laid down in Annex 11 of IMO Document MEPC 67/20. Those amendments will therefore affect the scope of an infringement pursuant to Directive 2005/35/EC and, therefore, fall under the exclusive competence of the Union.