PROPOSAL
Text in square
brackets are comments or clarifications and not part of proposal text; bold/underline
is ours for emphasis |
CURRENT DIRECTIVE
(consolidated version)
Text in square
brackets are comments or clarifications and not part of proposal text;
bold/underline is ours for emphasis
We have “lined up” the
proposal with the current text as far as possible however there is
significant divergence from Art. 10/11 on. On a few occasions for ease of
reference we repeat an article in column 2, these we place in inverted
commas. |
CHANGES/COMMENTS
These
comments “line up” with column 1 |
SECTION 1: GENERAL
PROVISIONS
Article 1
Subject matter
This
Directive aims to protect the marine environment against the negative effects
from discharges of waste from ships using ports located in the Union, while
ensuring the smooth operation of maritime traffic, by improving the
availability of adequate port reception facilities and the delivery of
waste to those facilities. |
Article 1
Purpose
The
purpose of this Directive is to reduce the discharges of ship-generated waste
and cargo residues into the sea, especially illegal discharges, from ships
using ports in the Community, by improving the availability and use of port
reception facilities for ship-generated waste and cargo residues, thereby
enhancing the protection of the marine environment. |
Reworded to be more general and newly mentions “operation of
maritime traffic”.
|
Article 2
Definitions
(a)
‘ship’ means a seagoing vessel of any type operating in the marine
environment, including fishing vessels and recreational craft not engaged in
trade, hydrofoil boats, air-cushion vehicles, submersibles and floating
craft; |
Article 2
Definitions
(a)
‘ship’ shall mean a seagoing vessel of any type whatsoever operating in the
marine environment and shall include hydrofoil boats, air-cushion vehicles,
submersibles and floating craft; |
same |
(b)
‘MARPOL Convention’ means the International Convention for the Prevention of
Pollution from Ships, in its up-to-date version; |
(b)
‘Marpol 73/78’ shall mean the International Convention for the Prevention of
Pollution from Ships, 1973, as modified by the Protocol of 1978 relating
thereto, |
reworded, same
|
(c)
‘waste from ships’ means all waste, including cargo residues, which
is generated during the service of a ship or during loading,
unloading and cleaning operations, or waste that is collected in nets during
fishing operations, and falls under the scope of Annexes I, II, IV, V and VI
to MARPOL; |
(c)
‘ship-generated waste’ shall mean all waste, including sewage, and residues
other than cargo residues, which are generated during the service of a ship
and fall under the scope of Annexes I, IV and V to Marpol 73/78 and
cargo-associated waste as defined in the Guidelines for the implementation of
Annex V to Marpol 73/78; |
adds waste collected in nets during fishing operations and also
Annex VI waste |
(d) ‘cargo
residues’ means the remnants of any cargo material on board which remain on
the deck or in holds following loading and unloading, including loading and
unloading excess or spillage, whether in wet or dry condition or entrained in
wash-water, excluding cargo dust remaining on the deck after sweeping or dust
of the external surfaces of the ship; |
(d)
‘cargo residues’ shall mean the remnants of any cargo material on board in cargo
holds or tanks which remain after unloading procedures and cleaning
operations are completed and shall include loading/unloading excesses and
spillage; |
Similar, more detail |
(e)
‘port reception facilities’ means any facility, which is fixed, floating or
mobile and capable of receiving the waste from ships; |
(e)
‘port reception facilities’ shall mean any facility, which is fixed, floating
or mobile and capable of receiving ship-generated waste or cargo residues; |
Similar |
(f)
‘fishing vessel’ means any ship equipped or used commercially for catching
fish or other living resources from the sea; |
(f)
‘fishing vessel’ shall mean any ship equipped or used commercially for
catching fish or other living resources of the sea; |
Proposal has living resources “from” the sea rather than “of”
the sea |
(g) ‘recreational
craft’ means a ship of any type, with a hull length of 2.5 metres [8.2
feet]and beyond, regardless of the means of propulsion, intended for
sports or leisure purposes, and not engaged in trade; |
(g)
‘recreational craft’ shall mean a ship of any type, regardless of the means
of propulsion, intended for sports or leisure purposes; |
underlined text added |
(h)
‘domestic vessel’ means a ship flying the flag of a Member State
solely engaged in domestic voyages in that State; |
|
new definition (def) |
(i)
‘domestic voyage’ means a voyage in sea areas from a port of a Member State
to the same or another port within that Member State; |
|
new def |
(j) ‘port’
means a place or a geographical area made up of such improvement works and
equipment as to permit the reception of ships, including the anchorage
area within the jurisdiction of the port; |
(h)
‘port’ shall mean a place or a geographical area made up of such improvement
works and equipment as to permit, principally, the reception of ships,
including fishing vessels and recreational craft. |
underlined text added; word “principally” deleted, anchorage
added |
(k) ‘catering
waste’ means all waste food, including used cooking oil originating in
restaurants, catering facilities and kitchens’; |
|
new def |
(l) ‘sufficient
storage capacity’ means enough capacity to store the waste on board from the
moment of departure until the next port of call, including the waste that is
likely to be generated during the voyage; |
|
new def |
(m)
‘scheduled traffic’ means traffic based on a published or planned list of
times of departures and arrivals between identified ports or recurrent
crossings that constitute a recognised schedule; |
|
new def |
(n) ‘regular
port calls’ means repeated journeys of the same ship forming a
constant pattern between identified ports or a series of voyages from and to
the same port without intermediate calls; |
|
new def |
(o) ‘frequent
port calls’ means visits by a ship to the same port taking place at least
once a fortnight; |
|
new def |
(p)
‘GISIS’ means the Global Integrated Ship Information System set up by the
International Maritime Organisation. |
|
new def |
‘Waste
from ships’, as defined in points (c) and (d) shall be considered to be waste
within the meaning of Article 3(1) of Directive 2008/98/EC27. [i.e. the Waste
Framework Directive] |
Without
prejudice to the definitions in points (c) and (d), ‘ship- generated waste’
and ‘cargo residues’ shall be considered to be waste within the meaning of
Article 1(a) of Council Directive 75/442/EEC [codified version of which was
repealed by Waste Framework Directive] of 15 July 1975 on waste. |
|
Article 3
Scope
This
Directive shall apply to:
(a)
all ships, irrespective of their flag, calling at, or operating within, a
port of a Member State, with the exception of any warship, naval auxiliary or
other ship owned or operated by a State and used, for the time
being, only on a government non-commercial basis; |
Article 3
Scope
This
Directive shall apply to:
(a)
all ships, including fishing vessels and recreational craft, irrespective of
their flag, calling at, or operating within, a port of a Member State, with
the exception of any warship, naval auxiliary or other ship owned or operated
by a State and used, for the time being, only on government non-commercial
service; and |
Small deletion |
(b) all
ports of the Member States normally visited by ships falling under the scope
of point (a). |
(b)
all ports of the Member States normally visited by ships falling under the
scope of point (a). |
Same |
Member
States shall take measures to ensure that, where possible, ships,
which do not fall within the scope of this Directive, deliver their waste in
a manner consistent with this Directive. |
Member
States shall take measures to ensure that ships which are excluded from the
scope of this Directive under point (a) of the preceding paragraph deliver
their ship-generated waste and cargo residues in a manner consistent, in
so far as is reasonable and practicable, with this Directive. |
Reworded to be more strict, currently instead of “where
possible” it reads “in so far as is reasonable and practicable”. |
SECTION 2: PROVISION
OF ADEQUATE PORT RECEPTION FACILITIES
Article 4
Port reception facilities
1. Member
States shall ensure the availability of port reception facilities adequate to
meet the need of the ships normally using the port without causing undue
delay to ships. |
Article 4
Port reception
facilities
1.
Member States shall ensure the availability of port reception facilities
adequate to meet the needs of the ships normally using the port without
causing undue delay to ships. |
same |
2.
Member States shall ensure that:
(a)
The port reception facilities have the capacity to receive
the types and quantities of waste from ships normally using that port,
taking into account the operational needs of the users of the port, the size
and geographical location of the port, the type of ships calling at that
port, and the exemptions provided for under Article 9; |
2.
To achieve adequacy, the reception facilities shall be capable of
receiving the types and quantities of ship-generated waste and cargo
residues from ships normally using that port, taking into account the operational
needs of the users of the port, the size and the geographical location of the
port, the type of ships calling at that port and the exemptions provided for
under Article 9. |
Now more clearly the responsibility of MS. Currently it is
worded “capable of receiving” whereas proposal has “capacity to receive” |
(b) The
formalities relating to the use of the facilities are simple and expeditious
to avoid undue delays to ships, and the fees charged for delivery do not
create a disincentive for ships to use the port reception facilities; |
[compare
(cf) Art. 12.1(e) “[Member States shall] (e) ensure that the formalities
relating to the use of port reception facilities are simple and expeditious
in order to create an incentive for the master to use port reception
facilities and to avoid undue delays to ships;”] |
Similar |
(c)
The port reception facilities allow for the management of the ship’s waste in
an environmentally appropriate way in accordance with the requirements of
Directive 2008/98/EC and other relevant Union legislation on waste. To
this end, the Member States shall provide for separate collection of waste
from ships in ports as required in Union waste legislation, in particular
Directive 2008/98/EC [Waste Framework Directive], Directive 2012/19/EU [WEEE
Directive] and Directive 2006/66/EC [Batteries Directive]. |
[cf
12.1 (g) ensure that the treatment, recovery or disposal of ship-generated
waste and cargo residues shall be carried out in accordance with Directive
75/442/EEC and other relevant Community waste legislation, in particular
Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils (
1 ) and Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (
2 )] |
Reference to the Waste Framework Directive |
Point
(c) shall apply without prejudice to the more stringent requirements imposed
by Regulation (EC) 1069/2009 [Animal By-Products Regulation] for the
management of catering waste from international transport. |
|
New, reference to Animal By-Products Reg. |
3. Member
States shall use the forms and procedures laid down by IMO, for reporting to
the authorities of the port state alleged inadequacies of port reception
facilities. |
3.
Member States shall establish procedures, in accordance with those agreed by
the International Maritime Organization (IMO), for reporting to the port
State alleged inadequacies of port reception facilities. |
Change from using procedures “in accordance” with IMO to those
“laid down” by IMO. |
Any
information received through this reporting procedure shall also be
transmitted electronically to the part of the information, monitoring and
enforcement system referred to in article 14 of this Directive. |
[cf
12.1 (f) [Member States shall] ensure that the Commission is provided with a
copy of the allegations of inadequate port reception facilities referred to
in Article 4(3)] |
New online reporting requirement via Safe Sea Net (SSN), though
the reporting requirement is already there in 12.1 (f) of current Directive. |
4. Member
States shall investigate all reported cases of alleged inadequacies and
ensure that any party involved in the delivery or reception of waste from
ships can claim compensation for damage caused by undue delay. |
[cf
12.1 (h) ensure in accordance with their national legislation that any party
involved in the delivery or reception of ship-generated waste or cargo
residues can claim compensation for damage caused by undue delay.] |
New requirement on MS to investigate alleged inadequacies |
Article 5
Waste reception and
handling plans
1. An
appropriate waste reception and handling plan shall be in place and
implemented for each port following ongoing consultations with the relevant
parties, in particular with port users or their representatives. Those
consultations should be held both during the initial drafting of the plans
and after their adoption, in particular when significant changes have taken
place, with regards to the requirements in Articles 4, 6, and 7. The detailed
requirements for the development of such plans are set out in Annex 1. |
Article 5
Waste reception and
handling plans
1.
An appropriate waste reception and handling plan shall be developed and
implemented for each port following consultations with the relevant parties,
in particular with port users or their representatives, having regard to the
requirements of Articles 4, 6, 7, 10 and 12. Detailed requirements for the
development of such plans are set out in Annex I. |
The proposal further elaborates on consultation required,
specifically that it should occur during initial drafting and on an ongoing
basis, particularly after significant change.
Annex 1 in the proposal has no significant changes to the first
part of current annex 1 save some updated language. |
2.
Member States shall ensure that the following information from the waste
reception and handling plans on the availability of adequate reception
facilities in their ports and the associated costs shall be clearly
communicated to the ship operators and made publicly available either via the
website of the ports or in printed form:
(a)
location of port reception facilities applicable to each berth;
(b)
list of waste from ships normally managed by the port;
(c)
list of contact points, the operators and the services offered; (d)
description of the procedures for delivery of the waste;
(e)
description of the cost recovery systems; and
(f)
description of the procedures for reporting alleged inadequacies of
port reception facilities. |
|
This list of information which is to be made available publically
has been moved from the second part of Annex 1 of the current directive into
the body of the directive in the proposal (however the “brief reference to
the fundamental importance of proper delivery etc” has been left off). The
proposal further stipulates how this information is to be transmitted and
seems to require that an “extract” from the plan is “pushed” out to ship
operators. Currently it is merely “to be made available to all port users”. |
This
information shall also be electronically reported in the part of the
information, monitoring and enforcement system referred to in Article 14 of
this Directive, in accordance with Directive 2002/59/EC. |
|
Stipulates the info above should be on the ports website and on
SSN. |
3. The
waste reception and handling plans referred to in paragraph 1 may,
where required for reasons of efficiency, be developed in conjunction by
two or more neighbouring ports in the same region, with the appropriate
involvement of each port, provided that the need for and availability of,
reception facilities are specified for each port. |
2.
The waste reception and handling plans referred to in paragraph 1 may, where
required for reasons of efficiency, be developed in a regional context with
the appropriate involvement of each port, provided that the need for, and
availability of, reception facilities are specified for each individual port. |
See changes in bold text |
4. Member
States shall evaluate and approve the waste reception and handling plan,
monitor its implementation and ensure its re-approval at least every three
years after it has been approved or re-approved, and after significant
changes in the operation of the port have taken place. These changes
shall include, but not be limited to, structural changes in traffic to
the port, development of new infrastructure, changes in the demand and
provision of port reception facilities, and new on-board treatment
techniques. |
3.
Member States shall evaluate and approve the waste reception and handling
plan, monitor its implementation and ensure its re-approval at least every
three years and after significant changes in the operation of the port. |
Very similar wording save the proposal (see underlined text)
gives some detail as to what kind of changes might require a new plan
approval including “new on-board treatment techniques” |
SECTION 3
DELIVERY OF WASTE FROM
SHIPS
Article 6
Advance waste
notification
1.
The operator, agent or master of a ship falling within the scope
of Directive 2002/59/EC [VTM Directive] of the European Parliament and of
the Council, other than a fishing vessel or a recreational craft of less than
45 metres bound for a port located in the EU shall complete accurately
the form in Annex 2 [the advance waste notification form] and notify that
information to the authority or body designated for this purpose by the
Member State in which that port is located: |
Article 6
Notification
1.
The master of a ship, other than a fishing vessel or recreational craft
authorised to carry no more than 12 passengers, bound for a port located in
the Community shall complete truly and accurately the form in Annex II and
notify that information to the authority or body designated for this purpose
by the Member State in which that port is located: |
Expands who must submit the notification. Scope of VTM is ships
of 300GT and up and fishing/traditional/recreational craft over 45m. |
(a)
at least 24 hours prior to arrival, if the port of call is known; |
(a)
at least 24 hours prior to arrival, if the port of call is known; or |
Same (the word “or” is left out however) |
(b) as
soon as the port of call is known, if this information is available less than
24 hours prior to arrival; |
(b)
as soon as the port of call is known, if this information is available less
than 24 hours prior to arrival; or |
Same |
(c)
at the latest upon departure from the previous port, if the duration of the
voyage is less than 24 hours. |
(c)
at the latest upon departure from the previous port, if the duration of the
voyage is less than 24 hours. |
Same |
|
Member
States may decide that the information will be notified to the operator of
the port reception facility, who will forward it to the relevant authority. |
This option removed. |
2. The
information referred to in paragraph 1 shall be reported electronically in
the part of the information, monitoring and enforcement system, referred to
in Article 14 of this Directive, in accordance with Directive 2010/65/EU and
Directive 2002/59/EC. |
|
The advance notification should be made via SSN |
3. The
information referred to in paragraph 1 shall be kept on board at least until
the next port of call and shall be made available upon request to the
relevant Member States’ authorities. |
2.
The information referred to in paragraph 1 shall be kept on board at least
until the next port of call and shall upon request be made available to the
Member States' authorities. |
Same |
4. Member
States shall ensure that the information that is notified pursuant to this
Article is appropriately examined and shared with the relevant
enforcement authorities without delay. |
[Compare
to Accompanying Measure 12.1(d) below: [Member States shall] “(d) ensure that
the information notified by masters in accordance with Article 6 be
appropriately examined;” |
This is currently required under 12.1(d), element of sharing
with enforcement officers is new. |
Article 7
Delivery of waste from
ships
1. The
master of a ship calling at a Union port shall, before leaving the port,
deliver all the waste carried on board of the ship to a port reception
facility in accordance with the relevant discharge norms laid down in the
MARPOL Convention. |
Article 7
Delivery of
ship-generated waste
1.
The master of a ship calling at a Community port shall, before leaving the
port, deliver all ship-generated waste to a port reception facility. |
Same save for new reference to MARPOL norms. |
2. Upon
delivery, the waste operator or the authority of the port where the waste was
delivered shall accurately complete the form in Annex 3 and issue the receipt
to the ship. |
|
New requirement to provide waste delivery receipts. |
This
requirement shall not apply in small unmanned ports or in remotely located
ports, provided that the Member State where such a port is located has
reported this information electronically in the part of the information,
monitoring and enforcement system referred to in Article 14 of this
Directive. |
|
|
3.
The operator, agent or master of a ship, falling within the scope
of Directive 2002/59/EC, shall before departure, electronically report the
information from the waste receipt in the part of the information, monitoring
and enforcement system referred to in Article 14 of this Directive, in
accordance with Directive 2010/65/EU and Directive 2002/59/EC. |
|
|
4. The
information referred to in paragraph 2 shall be kept on board for at least
two years and shall be made available upon request to the Member States’
authorities. |
|
|
5. Without
prejudice to paragraph 1, a ship may proceed to the next port of call without
delivering the waste, if: |
2.
Notwithstanding paragraph 1, a ship may proceed to the next port of call
without delivering the ship-generated waste, if it follows from the
information given in accordance with Article 6 and Annex II, that there is
sufficient dedicated storage capacity for all ship-generated waste that has
been accumulated and will be accumulated during the intended voyage of the
ship until the port of delivery. |
|
(a)
the ship only calls at anchorage for less than 24 hours or under adverse
weather conditions; |
|
Ref to calling at anchorage for 24 hours or less or in adverse
weather |
(b) the
information provided in accordance with Annexes 2 and 3 shows that there is
sufficient dedicated storage capacity for all waste that has been accumulated
and will be accumulated during the intended voyage of the ship until the next
port of call. |
|
Calculation of sufficient storage to be based on advance
notification and waste receipt |
6. In
order to ensure uniform conditions for the implementation of the exception based
on sufficient dedicated storage capacity, implementing powers shall be
conferred on the Commission to define the methods to be used for the
calculation of the sufficient dedicated storage capacity on board. Those
implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 20(2). |
|
European Commission to develop the method for calculating
sufficient storage. |
7. If
the next port of call is located outside the Union, or there are good
reasons to believe that adequate facilities are not available in the next
port of call, or this port is unknown, the Member State shall require the
ship to deliver all its waste before departure. |
If
there are good reasons to believe that adequate facilities are not available
at the intended port of delivery, or if this port is unknown, and that there
is therefore a risk that the waste will be discharged at sea, the Member
State shall take all necessary measures to prevent marine pollution, if
necessary by requiring the ship to deliver its waste before departure
from the port. |
See changes in bold text. |
8. Paragraph
2 shall apply without prejudice to more stringent requirements for ships
adopted in accordance with international law. |
3.
Paragraph 2 shall apply without prejudice to more stringent delivery
requirements for ships adopted in accordance with international law. |
Same |
Article 8
Cost recovery systems
1. Member
States shall ensure that the costs of operating port reception facilities for
the reception and treatment of waste from ships, other than cargo residues,
shall be covered through the collection of a fee from ships. Those costs
include the elements listed in Annex 4. |
Article 8
Fees for
ship-generated waste
1.
Member States shall ensure that the costs of port reception facilities for
ship-generated waste, including the treatment and disposal of the waste,
shall be covered through the collection of a fee from ships. |
Core idea same. |
2. The
cost recovery systems shall provide no incentive for ships to discharge their
waste at sea. To this end, the Member States shall apply the following
principles in the design and operation of the cost recovery systems in ports: |
2.
The cost recovery systems for using port reception facilities shall provide
no incentive for ships to discharge their waste into the sea. To this
end the following principles shall apply to ships other than fishing vessels
and recreational craft authorised to carry no more than 12 passengers: |
Change from “into the sea” to “at sea”. A more specific ref.
here to MS being responsible. |
(a)
part of the fee to be paid by ships shall be an indirect fee,
to be paid irrespective of delivery of waste to a port reception facility; |
(a)
all ships calling at a port of a Member State shall contribute significantly
to the costs referred to in paragraph 1, irrespective of actual use of the
facilities. Arrangements to this effect may include incorporation of the fee
in the port dues or a separate standard waste fee. The fees may be
differentiated with respect to, inter alia, the category, type and size of
the ship; |
Indirect fee paid irrespective of delivery |
(b) the
indirect fee shall cover the indirect administrative costs, as well
as a significant part of the direct operational costs, as determined in
Annex 4. The significant part of the direct operational costs shall represent
at least 30 % of the total yearly direct costs for actual delivery of the
waste; |
|
Indirect fee to cover indirect costs as laid out in annex 4. The
European Commission recommendation that “significantly” should mean 30% made
compulsory here. |
(c)
in order to provide for a maximum incentive for the delivery of waste as
defined in Annex V to the MARPOL Convention, including the waste that has
been collected in nets during fishing operations, the indirect fee to be
charged shall cover all the costs of port reception facilities for this
waste, in order to ensure a right of delivery without any additional direct
charges; |
|
Indirect fees to cover full cost of PRF for Annex V waste
including waste collected in nets. |
(d) The
indirect fee shall not cover the waste from exhaust gas cleaning systems, the
costs of which shall be covered on the basis of the types and quantities of
waste delivered. |
|
Indirect fee will not include costs of PRF for scrubber
waste. |
3. The
part of the costs which is not covered by the fee referred to in subparagraph
(b), if any, shall be covered on the basis of the types and quantities of
waste actually delivered by the ship. |
(b)
the part of the costs which is not covered by the fee referred to in
subparagraph (a), if any, shall be covered on the basis of the types and
quantities of ship-generated waste actually delivered by the ship; |
Same, the remaining fee will be based on type and quantity
delivered.
Rough table summarising proposed fee regime:
Fees |
|
Total Annual Direct Costs |
Total Annual Indirect Costs |
Annex V Garbage |
Annex VI Scrubber waste |
Annex I, II, IV
All other waste |
Part cover by indirect fees |
100% |
0% |
30% |
100% |
Part covered by fees based on type and quantities delivered |
0% |
100% |
70% |
0% |
|
4. The
fees may be differentiated with respect to, inter alia, the category, type
and size of the ship and the type of traffic the ship is engaged in, as well
as with respect to services provided outside normal operating hours in the
port. |
Cf
Art. 8.2(a) above, last sentence “The fees may be differentiated with respect
to, inter alia, the category, type and size of the ship;” |
New reference to type of traffic and out of hours service |
5. The
fees shall be reduced if the ship’s design, equipment and operation are such
that it can be demonstrated that the ship produces reduced quantities of
waste, and manages its waste in a sustainable and environmentally sound
manner. The Commission shall be empowered by means of delegated acts in
accordance with Article 19, to define the criteria for determining that a
ship meets the requirements stated in this paragraph in relation to the
ship’s on-board waste management. |
(c)
fees may be reduced if the ship's environmental management, design, equipment
and operation are such that the master of the ship can demonstrate that it
produces reduced quantities of ship-generated waste. |
Reduced fees (direct or indirect not specified) now mandatory for environmentally friendly ships. European Commission to develop
criteria for this. |
6. In
order to ensure that the fees are fair, transparent, non-discriminatory, and
that they reflect the costs of the facilities and services made available,
and, where appropriate, used, the amount of the fees and the basis on which
they have been calculated shall be made available to the port users. |
3.
In order to ensure that the fees are fair, transparent, non-discriminatory
and reflect the costs of the facilities and services made available and,
where appropriate, used, the amount of the fees and the basis on which they
have been calculated should be made clear for the port users. |
Small changes. |
|
4.
The Commission shall, within three years of the date referred to in Article
16(1), submit a report to the European Parliament and to the Council,
evaluating the impact of the variety of cost recovery systems adopted in
accordance with paragraph 2 on the marine environment and waste flow
patterns. This report shall be drawn up in liaison with the competent authorities
of the Member States and representatives of ports. |
Removed. The new proposal repeals rather than amends the current
directive. |
|
The
Commission shall, if necessary in the light of this evaluation, submit a
proposal to amend this Directive by the introduction of a system involving
the payment of an appropriate percentage, of no less than one third, of the
costs referred to in paragraph 1 by all ships calling at a port of a Member
State irrespective of actual use of the facilities, or an alternative system
with equivalent effects. |
|
Article 9
Exemptions
1.
Member States may exempt a ship calling at their ports from the obligations
in Articles 6, 7(1) and 8 [advance notification, delivery and fee]
cumulatively, where there is sufficient evidence that: |
Article 9
Exemptions
1.
When ships are engaged in scheduled traffic with frequent and regular port
calls and there is sufficient evidence of an arrangement to ensure the
delivery of ship-generated waste and payment of fees in a port along the ship's
route, Member States of the ports involved may exempt these ships from the
obligations in Article 6, Article 7(1) and Article 8. |
|
(a)
the ship is engaged in scheduled traffic with frequent and regular port
calls; |
|
|
(b)
there is an arrangement to ensure the delivery of the waste and payment of
the fees in a port along the ship’s route; |
|
|
(c)
the arrangement under point (b) is evidenced by a signed contract with a port
or waste contractor, waste delivery receipts and confirmation that the arrangement
has been accepted by all ports on the ship’s route. The arrangement for
delivery and payment of the fee shall be made in a port located in the Union
in order to constitute sufficient evidence in accordance with this paragraph. |
|
The main difference is the last part of 9.1(c) where it says:
“The arrangement for delivery and payment of the fee shall be made in a port
located in the Union in order to constitute sufficient evidence in accordance
with this paragraph.” |
2. If
the exemption is granted, the Member State where the port is located, shall
issue an exemption certificate, based on the format set out in Annex 5,
confirming that the ship meets the necessary conditions and requirements for
the application of the exemption and stating the duration of the exemption. |
2.
Member States shall inform the Commission of exemptions granted in accordance
with paragraph 1 on a regular basis, at least once a year. |
Format newly prescribed. |
3. Member
States shall report the information from the exemption
certificate electronically in the part of the monitoring and information
system referred to in Article 14 of this Directive, in accordance
with the provisions of Directive 2002/59/EC. |
|
Reporting of exemption certs. in SSN |
4. Member
States shall ensure effective monitoring and enforcement of
the arrangements for the delivery and payment in place for the exempted
vessels visiting their ports. |
|
New MS monitoring and enforcement obligation. |
SECTION 4: ENFORCEMENT |
Article 10
Delivery of cargo
residues
The
master of a ship calling at a Community port shall ensure that cargo residues
are delivered to a port reception facility in accordance with the provisions
of Marpol 73/78. Any fee for delivery of cargo residues shall be paid by the
user of the reception facility. |
See Art. 2(c) “cargo residues” incorporated into “waste from
ships” |
Article 10
Inspections
Member
States shall ensure that any ship may be subject to an inspection in order to
verify that it complies with the requirements of this Directive. |
Article 11
Enforcement
1.
Member States shall ensure that any ship may be subject to an inspection in
order to verify that it complies with Articles 7 and 10 [ship waste and cargo
residue delivery] and that a sufficient number of such inspections is carried
out. |
Similar, proposal expands PSC inspection to include advance
notification, delivery (& receipt) and fee |
|
2.
For inspections concerning ships other than fishing vessels and recreational
craft authorised to carry no more than 12 passengers:
(a)
in selecting ships for inspection, Member States shall pay particular
attention to:
—
ships which have not complied with the notification requirements in Article
6;
—
ships for which the examination of the information provided by the master in
accordance with Article 6 has revealed other grounds to believe that the ship
does not comply with this Directive; |
Targeting currently based on assessment of advance waste
notification. |
Article 11
Port State Control
Inspections
Inspections
shall be carried out in accordance with Directive 2009/16/EC for the ships
falling in the scope of that Directive, so that any such inspection includes
a verification that the ship complies with the requirements of Articles 6, 7,
and 9.
|
(b)
such inspection may be undertaken within the framework of Directive 95/21/EC
[i.e. Port State Control], when applicable; whatever the framework of the
inspections, the 25 % inspection requirement set out in that Directive shall
apply; |
See above, the proposal expands PSC inspection to include
advance notification, delivery (& receipt) and fee, |
|
(c)
if the relevant authority is not satisfied with the results of this
inspection, it shall ensure that the ship does not leave the port until it
has delivered its ship-generated waste and cargo residues to a port reception
facility in accordance with Articles 7 and 10; |
|
|
(d)
when there is clear evidence that a ship has proceeded to sea without having
complied with Articles 7 or 10, the competent authority of the next port of
call shall be informed thereof and such a ship shall, without prejudice to
the application of the penalties referred to in Article 13, not be permitted
to leave that port until a more detailed assessment of factors relating to
the ship's compliance with this Directive, such as the accuracy of any
information provided in accordance with Article 6, has taken place. |
|
Article 12
Inspections outside
Port State Control
1. As
regards inspections of ships falling outside the scope of Directive
2009/16/EC, Member States shall ensure that inspections are carried out of at
least 20 % of the total number of the individual vessels for each category
listed below: |
3.
Member States shall establish control procedures, to the extent required,
for fishing vessels and recreational craft authorised to carry no more than
12 passengers to ensure compliance with the applicable requirements of
this Directive. |
|
(a)
domestic ships flying their flag of 100 gross tonnage and above calling in
the relevant Member State annually; |
|
|
(b)
fishing vessels of 100 gross tonnage and above calling in the relevant Member
State annually; |
|
|
(c)
recreational craft of 100 gross tonnage and above calling in the
relevant member State annually. |
|
|
2. The
results of the inspections referred to in paragraph 1 shall be recorded in
the part of the information, monitoring and enforcement system referred to in
Article 15 of this Directive. |
|
Reporting into Thetis obligation. |
3.
Member States shall establish procedures for inspections for fishing
vessels below 100 gross tonnage as well as for recreational craft below 100
gross tonnage, to ensure compliance with the applicable requirements of
this Directive. |
|
See changes to text in bold |
4. If
the relevant authority of the Member State is not satisfied with the results
of the inspection, it shall, without prejudice to the application of the
penalties referred to in Article 16, ensure that the ship does not leave port
until it has delivered its waste to a port reception facility in accordance
with Article 7. |
Cf
Article 11.2(c) above “(c) if the relevant authority is not satisfied with
the results of this inspection, it shall ensure that the ship does not leave
the port until it has delivered its ship-generated waste and cargo residues
to a port reception facility in accordance with Articles 7 and 10;” |
Similar |
|
[The
provisions in Art. 12 have mostly now been spread throughout the Proposal]
Article 12
Accompanying measures
1.
Member States shall:
(a)
take all necessary measures to ensure that masters, providers of port
reception facilities and other persons concerned are adequately informed of
the requirements addressed to them under this Directive and that they comply
with them; can’t see this wording in the new
proposal
(b)
designate appropriate authorities or bodies for performing functions under
this Directive; can’t see this wording in the
new proposal
(c)
make provision for cooperation between their relevant authorities and
commercial organisations to ensure the effective implementation of this
Directive; European Commission has taken over
this responsibility in Art 17 of proposal
(d)
ensure that the information notified by masters in accordance with Article 6
be appropriately examined; see Art 6.4 of
proposal
(e)
ensure that the formalities relating to the use of port reception facilities
are simple and expeditious in order to create an incentive for the master to
use port reception facilities and to avoid undue delays to ships; see
Art. 4.2(b) of proposal
(f)
ensure that the Commission is provided with a copy of the allegations of
inadequate port reception facilities referred to in Article 4(3); see
Art. 4.3 2nd para of proposal
(g)
ensure that the treatment, recovery or disposal of ship-generated waste and
cargo residues shall be carried out in accordance with Directive 75/442/EEC
and other relevant Community waste legislation, in particular Council
Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils ( 1 ) and
Council Directive 91/689/EEC of 12 December 1991 on hazardous waste ( 2 ); see
Art. 4.2 (c) of proposal
(h)
ensure in accordance with their national legislation that any party involved
in the delivery or reception of ship-generated waste or cargo residues can
claim compensation for damage caused by undue delay. see Art. 4.4 of
proposal
2.
Delivery of ship-generated waste and cargo residues shall be considered as
release for free circulation within the meaning of Article 79 of Council
Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community
Customs Code ( 1 ). The customs authorities shall not require the lodging of
a summary declaration in accordance with Article 45 of the Community Customs
Code. Can’t see this wording in the new
proposal |
|
|
3.
Member States and the Commission shall co-operate in establishing an
appropriate information and monitoring system, covering at least the whole of
the Community, to:
—
improve the identification of ships which have not delivered their
ship-generated waste and cargo residues in accordance with this Directive,
—
ascertain whether the goals set in Article 1 of the Directive have been met. |
|
|
[European
Commission has taken over this in 8.5 of the proposal] 4. Member States and
the Commission shall cooperate in establishing common criteria for identifying
ships referred to in Article 8(2)(c). |
|
Article 13
Information,
Monitoring and Enforcement System
The
implementation and enforcement of the Directive shall be facilitated by the
electronic reporting and exchange of information between Member States in accordance
with Articles 14 and 15. |
|
|
Article 14
Reporting and exchange
of information
1. The
reporting and exchange of information shall be based on the Union Maritime
Information and Exchange System (SafeSeaNet), referred to in Article 22a(3)
and Annex III of Directive 2002/59/EC. |
|
Refers to SSN and Thetis. |
2. Member
States shall ensure that the following data is reported electronically and
within reasonable time in accordance with Directive 2010/65/EC: |
|
|
(a)
information on the actual time of arrival and time of departure of every
ship, falling in the scope of Directive 2002/59/EC, calling at an EU port,
together with an identifier of the port concerned; |
|
|
(b)
the information from the waste notification as contained in Annex 2; |
|
|
(c)
the information from the waste receipt as contained in Annex 3; |
|
|
(d)
the information from the exemption certificate as contained in Annex 5. |
|
|
3. Member
States shall ensure, to the extent possible, that fishing vessels
and recreational craft over 100 gross tonnage, calling at an Union port,
shall also report, the information on the actual time of arrival and
departure. |
|
New provisions relating to reporting of arrival and departure
vessels. |
4. The
information reported for the purposes of Articles 4 and 5(2) shall
be subsequently transmitted by the Commission to the IMO Port Reception
Facilities Database within GISIS. |
|
European Commission to forward certain info (on PRFs and
inadequacies of same to IMO). |
Article 15
Recording of inspections
1. The
Commission shall develop, maintain and update an inspection database to which
all Member States shall be connected and which shall contain all the
information required for the implementation of the inspection system provided
for by this Directive. This database will be based on the inspection database
referred to in Article 24 of Directive 2009/16/EC and shall have similar
functionalities to that database. |
|
New Thetis module for PRF |
2. Member
States shall ensure that the information related to inspections under this
Directive, including information regarding non-compliances and prohibition of
departure orders granted, is transferred without delay to the inspection
database, as soon as the inspection report has been completed, or the prohibition
of departure order has been lifted, or an exemption has been granted. |
|
Requirements to transfer info without delay. |
3. Member
States shall ensure that the information transferred to the
inspection database is validated within 72 hours. |
|
Requirement to validated info within 72 hours |
4. The
Commission shall ensure that the inspection database makes it
possible to retrieve any relevant data reported by the Member States for the
purpose of monitoring the implementation of the Directive. |
|
Access and functionality of database. |
5.
Member States shall at all times have access to the information recorded. |
|
|
Article 16
Penalties
Member
States shall lay down of the rules on penalties applicable to infringements
of national provisions adopted pursuant to this Directive and shall take all
the measures necessary to ensure that they are implemented. The penalties
provided for shall be effective, proportionate and dissuasive. |
Article 13
Penalties
Member
States shall lay down a system of penalties for the breach of national
provisions adopted pursuant to this Directive and shall take all the measures
necessary to ensure that those penalties are applied. The penalties thus
provided shall be effective, proportionate and dissuasive. |
Similar |
SECTION 5: FINAL
PROVISIONS
Article 17
Exchange of experience
[European
Commission has taken over this role from MS, see 12.1 (c) of current
directive]
The
Commission shall provide for the organisation of exchanges of experience
between the Member States’ national authorities and experts, including those
from the private sector, on the application of this Directive in Union ports. |
|
Forum for exchange of experience.
|
|
[See
below, Art. 20 of proposal for COSS]
Article 14
Committee procedure
1.
The Commission shall be assisted by the Committee on Safe Seas and the
Prevention of Pollution from Ships (COSS) set up by Article 3 of Regulation
(EC) No 2099/2002 of the European Parliament and of the Council ( 2 ).
2.
Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7
of Decision 1999/468/EC shall apply, having regard to the provisions of
Article 8 thereof. |
|
Article 18
Amendment procedure
1. The
Commission shall be empowered to adopt delegated acts in accordance with
Article 19 in order to amend the Annexes to this Directive and the references
to IMO instruments to the extent necessary to bring them into line with Union
law or in order to take account of developments at international level, in
particular at IMO. |
Article 15
Amendment procedure
The
Annexes to this Directive, the definition in Article 2(b) and references to
Community and IMO instruments may be adapted by the Commission in order to
bring them into line with Community or IMO measures which have entered into
force, in so far as such amendments do not broaden the scope of this
Directive. |
Similar |
2. The
Annexes may also be amended when it is necessary to improve the
implementation and monitoring arrangements established by this Directive, in
particular those provided in Articles 6, 7 and 9, in order to ensure
effective notification and delivery of waste, and the proper application of
exemptions. |
Furthermore,
the Annexes to this Directive may be amended by the Commission when necessary
in order to improve the regime established by this Directive, in so far as
such amendments do not broaden the scope of this Directive. Those measures,
designed to amend non-essential elements of this Directive, shall be adopted
in accordance with the regulatory procedure with scrutiny referred to in
Article 14(2). The amendments to the international instruments referred to in
Article 2 may be excluded from the scope of this Directive pursuant to
Article 5 of Regulation (EC) No 2099/2002. |
Similar |
3. In
exceptional circumstances, where duly justified by an appropriate analysis by
the Commission and in order to avoid a serious and unacceptable threat to
maritime safety, to health, to shipboard living or working conditions or to
the marine environment, or to avoid incompatibility with Union maritime
legislation, the Commission is empowered to adopt delegated acts in
accordance with Article 19, amending this Directive in order not to apply,
for the purpose of this Directive, an amendment to the MARPOL Convention. |
|
|
4. Those
delegated acts shall be adopted at least three months before the expiration
of the period established internationally for the tacit acceptance of the
amendment concerned or the envisaged date for the entry into force of said
amendment. In the period preceding the entry into force of such delegated
act, Member States shall refrain from any initiative intended to integrate
the amendment in national legislation or to apply the amendment to the
international instrument concerned. |
|
|
|
[See
below, Art 25 of proposal ]
Article 16
Implementation
1.
Member States shall bring into force the laws, regulations and administrative
provisions necessary to comply with this Directive before 28 December 2002
and forthwith inform the Commission thereof.
However,
as far as sewage as referred to in Article 2(c) is concerned, the
implementation of this Directive shall be suspended until 12 months after the
entry into force of Annex IV to Marpol 73/78, while respecting the
distinction made in this convention between new and existing ships. |
|
|
2.
When Member States adopt these measures, they shall contain a reference to
this Directive or shall be accompanied by such a reference on the occasion of
their official publication. The methods of making such a reference shall be
laid down by Member States. |
|
|
[see
below, Art. 24 of proposal]
Article 17
Evaluation
1.
Member States shall submit to the Commission a status report concerning the
implementation of this Directive every three years. |
|
|
2.
The Commission shall submit an evaluation report on the operation of the
system as provided for in this Directive to the European Parliament and the
Council, on the basis of the reports of the Member States as provided for in
paragraph 1 together with proposals as necessary, concerning the
implementation of this Directive. |
|
|
[see
Art. 26 of proposal ]
Article 18
Entry into force
This
Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities. |
|
|
[See
Art. 27 of proposal]
Article 19
Addressees
This
Directive is addressed to the Member States |
|
Article 19
Exercise of delegation
1.
The power to adopt delegated acts referred to in Article 8(5), Article 18(1),
Article 18(2) and Article 18(3) shall be conferred on the Commission for a
period of five years from [the date of entry into force]. The Commission
shall draw up a report in respect of the delegation of power not later than
nine months before the end of the five year period. The delegation of power
shall be tacitly extended for periods of an identical duration, unless the
European Parliament or the Council opposes such extension not later than
three months before the end of each period. |
|
Standard proposal provisions on delegated acts. |
2.
The delegation may be revoked at any time by the European Parliament or by
the Council. A decision to revoke shall put an end to the
delegation of the power
specified
in that decision. It shall take effect the day following the publication of
the decision in the Official Journal of the European Union or at a later date
specified therein. It shall not affect the validity of any delegated acts
already in force. |
|
|
3. As
soon as it adopts a delegated act, the Commission shall notify it
simultaneously to the European Parliament and the Council. |
|
|
4. A
delegated act shall enter into force only if no objection has been expressed
either by the European Parliament or the Council within a period of two
months of notification of that act to the European Parliament and the Council
or if, before the expiry of that period, the European Parliament and the
Council have both informed the Commission that they will not object. That
period shall be extended by two months at the initiative of the European
Parliament and the Council. |
|
|
Article 20
Committee
1. The
Commission shall be assisted by the Committee on Safe Seas and the Prevention
of Pollution from Ships (COSS) established by Regulation (EC) No 2099/2002.
That Committee shall be a committee within the meaning of
Regulation (EU) No 182/2011. |
Compare
Art. 14 above: “Committee procedure
1.
The Commission shall be assisted by the Committee on Safe Seas and the
Prevention of Pollution from Ships (COSS) set up by Article 3 of Regulation
(EC) No 2099/2002 of the European Parliament and of the Council ( 2 ). |
Reference to COSS. |
2. Where
reference is made to this paragraph, Article 5 of
Regulation (EU) No 182/2011 shall apply. |
2.
Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7
of Decision 1999/468/EC [laying down the procedures for the exercise of
implementing powers conferred on the Commission] shall apply, having regard
to the provisions of Article 8 thereof.” |
Procedural matters relating to EU secondary legislation |
Article 21
Amendments to
Directive 2009/16/EC [Port State Control Directive]
Directive
2009/16/EC is amended as follows: (1) Article 13 is amended as
follows:
(a)
In paragraph (1) the following point (d) is added: |
|
Amendments to the PSC Directive to take into account the
proposal |
(d) ‘verifies
that the ship complies with Article 6, Article 7 and Article 9, where
applicable, of Directive 201X/XX/EU on port reception facilities for the
delivery of waste from ships.’ |
|
|
(b) In
paragraph (3) first subparagraph the following provision is added at the end
of the paragraph:
‘..or
of Directive 201X/XX/EU'. |
|
|
(c)
The following paragraph is added: |
|
|
(4)
‘If after the inspection referred to in point 1(d) or referred to in
paragraph 3, the inspector is not satisfied that the ship has been in
compliance with Directive 201X/XX/EU, the ship shall not be allowed to leave
the port, without prejudice to the application of the penalties
referred to in Article 16 of Directive 201X/XX/EU, until the ship has
delivered its waste to a port reception facility.’ |
|
|
(2) In
Annex I.II.2B, the following indent is added at the end of the list of
unexpected factors:
– 'Ships
which have been reported as not complying with the obligation to
deliver their waste in accordance with Article 7 of Directive 201X/XX/EU or
for which the information reported in accordance with Article 6 of Directive
201X/XX/EU has revealed evidence of non-compliance with
Directive
201X/XX/EU'. |
|
|
(3)
In Annex IV, the following points are added: |
|
|
(51)
A copy of the advance waste notification documents kept on board
in accordance with Article 6(3) of Directive 201X/XX/EU |
|
|
(52)
The standard waste receipt forms issued in accordance with Article
7 of
Directive
201X/XX/EU. |
|
|
(53)
The exemption certificate issued in accordance with Article 9 of
Directive201X/XX/EU. |
|
|
Article 22
Amendment to Directive
2010/65/EU [Reporting Formalities or FAL Directive ]
Directive
2010/65/EU is amended as follows:
In
point A of the Annex, point (4) is amended as follows:
'4.
Notification of waste from ships, including residues
Articles
6 and 7 of Directive 201X/XX/EU of the European Parliament and the Council'. |
|
Amendment to the FAL Directive to take into account the proposal,
changes it to add the waste delivery receipt. |
Article 23
Repeal
Directive
2000/59/EC is repealed.
References
to the repealed Directive shall be construed as references to this Directive. |
|
Repeals current PRF Directive. |
Article 24
Review |
Compare
with Article 17 above: “Article 17
Evaluation
1.
Member States shall submit to the Commission a status report concerning the
implementation of this Directive every three years. |
Status reports from MS no longer required. |
The
Commission shall evaluate this Directive and submit the results of the
evaluation to the European Parliament and the Council no later than seven
years after its entry into force. |
2.
The Commission shall submit an evaluation report on the operation of the
system as provided for in this Directive to the European Parliament and the
Council, on the basis of the reports of the Member States as provided for in
paragraph 1 together with proposals as necessary, concerning the
implementation of this Directive.” |
Results of European Commission evaluation due in 7 years. |
Article 25
Transposition
1. Member
States shall adopt and publish, by 31st of December 2020 at the latest, the
laws, regulations and administrative provisions necessary to comply with this
Directive. They shall forthwith communicate to the Commission the text of
those provisions. |
[see
Art. 16 above]
|
Usually a set period (2 years) after entry into force is given
rather than a specific date as here |
When
Member States adopt those provisions, they shall contain a reference to this
Directive or be accompanied by such a reference on the occasion of their
official publication. Member States shall determine how such reference is to
be made. |
|
|
2. Member
States shall communicate to the Commission the text of the main provisions of
national law which they adopt in the field covered by this Directive. |
|
|
Article 26
Entry into force
This
Directive shall enter into force on the twentieth day following that of its
publication in the Official Journal of the European Union. |
[See
Art. 18 above] |
Small change |
Article 27
Addressees
This
Directive is addressed to the Member States. |
[See
Art 19 above] |
Same |
Done
at Strasbourg,
For
the European Parliament For the Council
The
President The President |
|
|