Amended proposal for a Council Directive on port reception facilities for ship-generated waste and cargo residues(1)

(1999/C 148/06)

(Text with EEA relevance)

COM(1999) 149 final - 98/0249(SYN)

(Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 20 April 1999)

Recital 5

>Original text>

Whereas action at Community level is the most effective way of establishing a common minimum level of environmental standards for ships and ports throughout the Community;

>Amended text>

Whereas action at Community level is the most effective way of establishing a common minimum level of environmental standards for ships and ports throughout the Community; whereas consistency with existing regional agreements, such as the 1974/1992 Convention on the Protection of the Marine Environment in the Baltic Sea Area, should be ensured;

Recital 22

>Original text>

Whereas enforcement of this Directive can be enhanced by the estabilshment of an appropriate information system for the identification of polluting, or potentially polluting ships;

>Amended text>

Whereas enforcement of this Directive should be enhanced by the establishment of an appropriate information system for the identification of polluting, or potentially polluting ships; whereas such a system would also be helpful in the evaluation of the implementation of the Directive;

Recital 22bis (new)

>Amended text>

Whereas the Member States and the Commission should cooperate in establishing common criteria for identifying ships which produce reduced quantities of waste;.

Article 11(3)

Enforcement

>Original text>

When there is eveidence that a ship has proceeded to sea without having complied with Articles 7 or 10, 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, neither be permitted to load or unload its cargo nor to embark passengers until a more detailed inspection as defined in Articles 2(7) and 6(3) of Directive 95/21/EC has taken place. Such an inspection shall include an 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.

>Amended text>

When there is clear evidence that a ship has proceeded to sea without having complied with Article 7 or 10, 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, be subject to a more detailed inspection as defined in Articles 2(7) and 6(3) of Directive 95/21/EC. Such an inspection shall include an 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.

Article 12(1)i) (new)

Accompanying measures

>Amended text>

take measures to ensure that ships which are exempted from the scope of this Directive under Article 3(1) shall act in a manner consistent, so far as is reasonable and practicable, with this Directive;

Article 12(3a) (new)

Accompanying measures

>Amended text>

Member States and the Commission shall cooperate in establishing common criteria for identifying ships referred to in Article 8(2)(c).

Article 15(3) (new)

Amendment procedure

>Amended text>

Sewage, as defined in Annex IV of Marpol 73/78, shall be included in the definition of ship-generated waste in accordance with the procedure laid down in Article 14 at the latest one year after the entry into force of that Annex.

ANNEX I

Requirements for waste reception and handling plans in ports

>Original text>

The procedures for reception, collection, storage, treatment and disposal should conform in all respects to an environmental management scheme suitable for the progressive reduction of the environmental impact of these activities. Such conformity is presumed if the procedures are in compliance with the International Standard ISO 14001:1996 and the European Standard EN 14001:96, establishing specification for environment management system as recognised in the Commission Decision 97/265/EC of 16 April 1997.

>Amended text>

The procedures for reception, collection, storage, treatment and disposal should conform in all respects to an environmental management scheme suitable for the progressive reduction of the environmental impact of these activities. Such conformity is presumed if the procedures are in compliance with the EMAS regulation (Council Regulation (EEC) No 1836/93) and its future revisions.

(1) OJ C 271, 31.8.1998.