2. Ship-generated waste and cargo residues ***II
A5-0043/2000
European Parliament legislative resolution on the common position adopted by the Council with a
view to adopting a European Parliament and Council directive on port reception facilities for ship-
generated waste and cargo residues (11195/1/1999 Tdash C5-0251/1999 Tdash 1998/0249(COD))
(Codecision procedure: second reading)
The European Parliament,
Idash having regard to the Council common position 11195/1/1999 Idash C5-0251/1999)(1),
Idash having regard to its position at first reading(2) on the Commission proposal to Parliament and the
Council (COM(1998) 452)(3),
Idash having regard to the Commission’s amended proposal(COM(1999) 149)(4),
Idash having regard to Article 251(2) of the EC Treaty,
Idash having regard to Rule 80 of its Rules of Procedure,
Idash having regard to the recommendation for second reading of the Committee on Regional Policy, Trans-
port and Tourism (A5-0043/2000),
1. Amends the common position as follows;
2. Instructs its President to forward its position to the Council and Commission.
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
(Amendment 1)
Recital 12
(12) The effectiveness of port reception facilities can be
improved by requiring ships to notify their need to use recep-
tion facilities; such notification would also provide information
for effectively planned waste management; waste from fishing
vessels and recreational craft may be handled by the port
reception facilities without prior notification;(12) The effectiveness of port reception facilities can be
improved by requiring ships to notify their need to use recep-
tion facilities; such notification would also provide information
for effectively planned waste management; waste from fishing
vessels and recreational craft authorised to carry no more
than 12 passengers may be handled by the port reception
facilities without prior notification;
(Amendment 2)
Recital 14a (new)
(14a) Ships producing reduced quantities of ship-gener-
ated waste should be treated more favourably in the costrecovery systems; common criteria would facilitate theidentification of such ships.
(1) OJ C 10, 13.1.2000, p. 14.
(2) OJ C 150, 28.5.1999, p. 432 and OJ C 54, 25.2.2000, p. 79.
(3) OJ C 271, 31.8.1998, p. 79.
(4) OJ C 148, 28.5.1999, p. 7.29.12.2000 EN C 377/37 Official Journal of the European Communities
Tuesday 14 March 2000
(Amendment 3)
Article 3, 2nd paragraph (new)
Member States shall take measures to ensure that ships
which are excluded from the scope of this Directiveunder point (a) deliver their ship-generated waste andcargo residues in a manner consistent, in so far as is rea-sonable and practicable, with this Directive.
(Amendment 4)
Article 6(1), introduction
1. The master of a ship, other than a fishing vessel or
recreational craft, bound for a port located in the Community
shall complete truly and accurately the form in Annex II andnotify that information to the authority or body designated for
this purpose by the Member State in which that port is located:1. The master of a ship, other than a fishing vessel or
recreational craft licensed to carry no more than 12 passen-
gers,bound for a port located in the Community shall com-
plete truly and accurately the form in Annex II and notify thatinformation to the authority or body designated for this pur-pose by the Member State in which that port is located:
(Amendment 5)
Article 7(3a) (new)
3a. Member States may draw up a list of traditional sail-
ing ships (recreational craft) which may be exempted fromthe delivery of black and grey water (sewage) on culturaland historical grounds and on technical grounds (no possi-bility of installing technical facilities without damaging thecultural and historical status of the ship).
(Amendment 6)
Article 8(2)(a)
(a) all ships calling at a port of a Member State shall contri-
butetothe 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 sepa-
rate standard waste fee. The fees may be differentiated withrespect to, inter alia, the category, type and size of theship;(a) all ships calling at a port of a Member State shall contri-
butea significant share, i.e. at least 90%, of 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 separatestandard waste fee. The fees may be differentiated withrespect to, inter alia, the category, type and size of theship;
(Amendment 7)
Article 8(3a) (new)
3a. The variety of cost recovery systems provided for
in paragraph 2 shall not have an adverse effect on themarine environment, waste flow patterns, or competitionbetween ports. If they have an adverse effect, the Commi-ssion shall submit a proposal to amend this Directive.C 377/38 EN 29.12.2000 Official Journal of the European Communities
Tuesday 14 March 2000
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
(Amendment 8)
Article 11(2), introduction
2. For inspections concerning ships other than fishing ves-
sels and recreational craft:2. For inspections concerning ships other than fishing ves-
sels and recreational craft licensed to carry no more than
12 passengers:
(Amendment 9)
Article 11(2)(b)
(b) such inspection maybe undertaken within the framework
of Directive 95/21/EC, when applicable;(b) such inspection shallbe undertaken within the framework
of Directive 95/21/EC, when applicable , and the require-
ment set out in that Directive that at least 25% of in-dividual ships be inspected shall apply ;
(Amendment 10)
Article 11(3)
3. Member States shall establish control procedures, to the
extent required, for fishing vessels and recreational craft to
ensure compliance with the applicable requirements of this
Directive.3. Member States shall establish control procedures, to the
extent required, for fishing vessels and recreational craft
licensed to carry no more than 12 passengers to ensure
compliance with the applicable requirements of this Directive.
(Amendment 11)
Article 12(1)(ga) (new)
(ga) ensure that ships are not unduly delayed due to
inadequacy of waste reception facilities or of wastemanagement in ports; if ships are unduly delayed,they shall receive adequate compensation.
(Amendment 12)
Article 12(3)
3. Member States and the Commission shall cooperate to
establish an appropriate information system to facilitate the
identification of ships which have not delivered their ship-gen-
erated waste and cargo residues in accordance with this Direc-
tive.3. Member States and the Commission shall cooperate ,
together with the ports, to establish an appropriate informa-
tionand monitoring system,covering at least the whole of
the Community, to:
Tdash monitor ships allowed pursuant to Article 9(1) to deli-
ver their waste and cargo residues at a subsequentport of call,
Tdash improve the identification of ships which have not deliv-
ered their ship-generated waste and cargo residues inaccordance with this Directive, and
Tdash ascertain whether the goals set in Article 1 have been
met.
For the latter, the Commission shall use the data provided
by the system in place for the report it is required to sub-mit pursuant to Article 17.29.12.2000 EN C 377/39 Official Journal of the European Communities
Tuesday 14 March 2000
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
(Amendment 13)
Article 12(3a) (new)
3a. The Member States and the Commission shall coop-
erate in establishing common criteria for identifying shipsreferred to in Article 8(2)(c).
(Amendment 14)
Article 14
1.The Commission shall be assisted by theCommittee set up
pursuant to Article 12(1) of Directive 93/75/EEC(
4).The Commission shall be assisted by a regulatory committee
as referred to in Article 5 of Decision 1999/468/EC, havingregard to Articles 7 and 8 thereof.
2. Where reference is made to this paragraph, the regulatory pro-
cedureprovided for in Article 5 of Decision 1999/468/EC shall
apply, in compliance with the provisions of Article 8 thereof.The period provided for in Article 5(6) of Decision 1999/468/
EC shall be three months.
The Committee shall adopt its rules of procedure.
The period provided for in Article 5(6) of Decision 1999/468/
EC shall be fixed asthree months.
(4) OJ L 247, 5.10.1993, p. 19. Directive as last amended by Directive
98/74/EC (OJ L 276, 13.10.1998, p. 7).
(Amendment 15)
Article 16(1), 1st subparagraph
1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before … (5) and forthwith inform the Commission
thereof.1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before … (5) and forthwith inform the Commission
thereof.
(5)Twenty four months following the date of entry into force of this
Directive.(5)Eighteen months following the date of entry into force of this
Directive.
3. Technical roadside inspection of commercial vehicles ***II
A5-0040/2000
European Parliament legislative resolution on the Council common position for adopting a Euro-
pean Parliament and Council directive on the technical roadside inspection of the roadworthiness
of commercial vehicles circulating in the Community (11287/1/1999 Tdash C5-0323/1999 Tdash 1998/
0097(COD))
(Codecision procedure: second reading)
The European Parliament,
Idash having regard to the Council common position (11287/1/1999 Idash C5-0323/1999)(1),
Idash having regard to its position at first reading(2) on the Commission proposal to Parliament and the
Council (COM(1998) 117)(3),
(1) OJ C 29, 1.2.2000, p. 1.
(2) OJ C 150, 28.5.1999, p. 27 and OJ C 54, 25.2.2000, p. 79.
(3) OJ C 190, 18.6.1998, p. 10.C 377/40 EN 29.12.2000 Official Journal of the European Communities
Tuesday 14 March 2000
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT