Proposal for a Council Directive on port reception facilities for ship-generated waste and cargo residues
Date: 1998-07-17
Institutions: European Commission
Subjects: harbour installation, marine pollution, prevention of pollution, vessel, waste management

31.8.98

EN

Official  Journal  of  the  European  Communities

C  271/79

Proposal for a Council Directive on port reception facilities for ship-generated waste and cargo
residues

(98/C  271/03)

(Text  with  EEA  relevance)

COM(98)  452  final  —  98/0249(SYN)

(submitted  by  the  Commission  on  17  July  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  84 (2)  thereof,

Having  regard  to  the  proposal  from  the  Commission,

Acting  in  accordance  with  the  procedure  referred  to  in
Article  189 c  of  the  Treaty,

Having regard to the opinion of the Economic and Social
Committee,

Having  regard  to  the  opinion  of  the  Committee  of
Regions,

(1)  Whereas  Community  policy  on  the  environment
aims  at  a  high  level  of  protection;  whereas  it  is
based  on  the  precautionary  principle  and  the
principles  that  the  polluter  should  pay  and  that
preventative  action  should  be  taken;

(2)  Whereas  Community  action 

in  the  sector  of
maritime transport should aim for the reduction of
pollution  of  the  oceans;  whereas  this  can  be
achieved  through  compliance  with  international
conventions, 
resolutions  while
maintaining  the  freedoms  of  navigation  and  the
provision  of  services;

codes 

and 

the 

(3)  Whereas  the  Community  is  seriously  concerned
about  pollution  from  ships  of  the  seas  and
coastlines  of  the  Member  States,  and  consequently
about 
International
implementation  of 
Convention  for  the  Prevention  of  Pollution  from
Ships,  1973,  as  modified  by  the  Protocol  of  1978
(Marpol  73/78);  whereas  all
relating 
Member  States  have  ratified  and  implemented  the
Marpol  73/78  Convention;

thereto 

(4)  Whereas  Marpol  73/78  regulates  what  wastes  can
be  discharged 
the  marine
environment;  whereas  Marpol  73/78  also  requires
States  Parties  to  ensure  the  provision  of  adequate
reception  facilities  in  ports;

ships 

from 

into 

(5)  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;

the  appropriate 

(6)  Whereas,  in  view  of  the  subsidiarity  principle,  a
Council  Directive 
legal
is 
instrument  as  it  provides  a  framework  for  the
Member 
compulsory
uniform 
application  on  environmental  standards,  while
leaving  each  Member  State  the  right  to  decide
which  implementation  tools  best  fit  its  internal
system;

States’ 

and 

(7)  Whereas  the  Community  has  a  major  interest  in
the establishment of harmonised reception facilities
for  ship-generated  waste  and  cargo  residues;

(8)  Whereas the main pillar of Community action is to
improve  maritime 
safety  and  prevention  of
pollution  of  the  sea  through  the  elimination  of
substandard  operators,  vessels  and  crews  from
Community  waters,  irrespective  of  the  flag  of  the
ships;

(9)  Whereas,  in  its  Resolution  of  8  June  1993  on  a
common  policy  on  safe  seas (1),  the  Council
included the improvement of availability and use of
reception  facilities  within  the  Community  among
its  priority  actions;

(10)  Whereas  the  Council  adopted  Directive  95/21/EC
on  19  June  1995  concerning  the  enforcement,  in
respect  of  shipping  using  Community  ports  and
sailing  in  the  waters  under  the  jurisdiction  of  the
Member  States,  of  international  standards  for  ship
safety,  pollution  prevention  and  shipboard  living
and  working  conditions  (port  State  control) (2)  by

(1)  OJ  C  271,  7.10.1993,  p.  1.
(2)  OJ  L  157,  7.7.1995,  p.  1.

C  271/80

EN

Official  Journal  of  the  European  Communities

31.8.98

which ships posing an unreasonable threat of harm
to  the  marine  environment  may  not  proceed  to
sea;

all  the  Community;  whereas  this  information  can
be  included  in  the  normal  notification  from  ships
to  port;  whereas  this  notification  should  only  be
made  by  vessels  other  than  fishing  vessels  and
recreational  craft;

transboundary 

(11)  Whereas  pollution  of  the  seas  by  its  very  nature
the
has 
development  for  preventative  action  as  regards  the
seas 
level,  since
Member  States  cannot  take  adequate  and  effective
action  in  isolation;

is  best  done  at  Community 

implications;  whereas 

(12)  Whereas  the  protection  of  the  marine  environment
can  be  enhanced  by  reducing  discharges  into  the
sea  of  ship-generated  waste  and  cargo  residues;
whereas this can be implemented by improving the
availability  and  use  of  reception  facilities;  whereas
improving
it  can  also  be 
enforcement  against  deliberate  polluters;

implemented  by 

(13)  Whereas  in  the  interest  of  improving  pollution
prevention  and  avoiding  distortion  of  competition
the environmental requirements should apply to all
ships,  irrespective  of  the  flag  they  fly;  whereas
adequate reception facilities shall be made available
in  all  ports  of  the  Community;  whereas  adequate
reception  facilities  will  not  cause  undue  delay  to
ships  using  them;

(14)  Whereas  port  reception  facilities  should  meet  the
needs  of  users,  from  the  largest  merchant  ship  to
the smallest pleasure craft, and of the environment;
whereas  adequate  facilities  can  only  be  determined
if there is a full and constructive dialogue between
the  port  authority,  the  provider  of  reception
facilities  and  all  the  users  of  the  port;  whereas
planned  waste  management  provides  a  mechanism
for  this  dialogue  to  operate  effectively  to  improve
the  provision  and  use  of  port  reception  facilities;
whereas  it  shall  be  ensured  that  plans  should  be
relevant  and  up  to  date;

(15)  Whereas  effectiveness  in  providing  port  reception
facilities  can  be  improved  by  requiring  vessels  to
notify  authorities  of  the  Member  States  of  their
need  to  use  reception  facilities;  whereas  this
information  will  also  provide 
information  for
effectively  planned  waste  management;  whereas
this  notification  shall  be  in  a  standard  format  for

(16)  Whereas  ships  should  not  discharge  ship-generated
waste  at  sea;  whereas  this  should  be  achieved  by
requiring  all  ships  to  deliver  their  waste  to  port
reception  facilities;  whereas  exceptions  to  this  rule
may  be  made  if  it  can  be  demonstrated  that  there
is  sufficient  storage  capacity  for  all  ship-generated
waste  that  will  be  accumulated  during  the  next
stage  of  the  voyage  of  the  ship;

(17)  Whereas high fees charged for using port reception
facilities  can  provide  a  disincentive  to  use  these
facilities;  whereas  Member  States  should  ensure
that the fee for using reception facilities encourages
the  delivery  of  waste  to  ports;  whereas  all  ships
should  contribute  substantially  in  the  costs  for  the
reception  and  handling  of  ship-generated  waste;
whereas  additional  fees  may  be  imposed  with
respect  to  quantities  and  types  of  waste  actually
delivered by a ship; whereas charges for using these
facilities  should  be  fair,  non-discriminatory  and
transparent;

(18)  Whereas  vessels  engaged  in  regular  or  scheduled
port  visits  may  be  exempted  from  notifying  and
contributing to port reception facilities; whereas an
exemption  should  only  be  given  where  there  is
clear evidence that the ship is fully complying with
the  requirements  of  this  Directive;

(19)  Whereas cargo residues should be delivered to port
reception  facilities  in  accordance  with  Marpol
73/78;  whereas  any  fee  for  such  delivery  shall  be
borne  by  the  user  of  the  reception  facility;

(20)  Whereas  inspections  shall  be  undertaken  in  order
to  verify  compliance  with  this  Directive;  whereas
the  number  of  such  inspections  shall  be  sufficient
to  deter  non-compliance  with 
the  Directive;
whereas  ships  which  have  not  complied  with  the
notification obligation should comprise a particular
target group for inspection; whereas ships shall not
be  permitted  to  leave  the  port  until  compliance
with  the  delivery  requirements 
is  established;
whereas  if  there  is  evidence  that  a  ship  has  not
complied  with  those  requirements 
it  shall  be
subject  to  sanctions 
in  accordance  with  the
Directive  and  also  subject  to  a  more  detailed
inspection in the next port of call; whereas control

31.8.98

EN

Official  Journal  of  the  European  Communities

C  271/81

procedures  should  also  ensure  that  fishing  vessels
and  recreational  craft  also  comply  with  this
Directive;

European  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.

(21)  Whereas  Member  States  shall  ensure  that  masters,
providers  of 
facilities  and  other
reception 
concerned  persons  are  informed  of,  and  observe,
the  requirements  addressed  to  them  under  this
Directive;  whereas  Member  States  shall  designate
appropriate  authorities  or  bodies  for  performing
functions  under  this  Directive  and  shall  make
provision  for  co-operation  between  them;  whereas
the  notification  information  shall  be  appropriately
examined;  whereas  the  formalities  for  the  use  of
port  reception 
facilities  shall  be  simple  and
expeditious;  whereas  ships  which  have  complied
with  the  notification  requirements  but  nevertheless
are  unduly  delayed  due  to  inadequacy  of  port
reception 
appropriately
shall 
compensated; whereas the treatment of waste shall
be 
in  accordance  with  relevant  Community
legislation;

facilities 

be 

(22)  Whereas  enforcement  of  this  directive  can  be
enhanced  by  the  establishment  of  an  appropriate
information  system 
identification  of
for 
polluting,  or  potentially  polluting  ships;

the 

(23)  Whereas it is necessary for a Committee consisting
of  representatives  of  the  Member  States  to  assist
the  Commission  in  the  effective  application  of  this
Directive;

(24)  Whereas certain provisions of the Directive may be
amended  by  that  Committee  to  take  into  account
future  amendments  of  Marpol  73/78  which  enter
a  harmonised
into 
implementation 
IMO
Resolutions  in  relation  to  the  protection  of  the
marine  environment,

amendments 

ensure 

force 

and 

of 

to 

to 

Article  2

Definitions

For  the  purpose  of  this  Directive  including  its  Annexes:

1.  ‘ship’  shall  mean  a  vessel  of  any  type  whatsoever
operating  in  the  marine  environment  and  includes
hydrofoil  boats,  air-cushion  vehicles,  submersibles
and  floating  craft;

2.  ‘Marpol  73/78’ 

International
shall  mean 
Convention  for  the  Prevention  of  Pollution  from
Ships,  1973,  as  modified  by  the  Protocol  of  1978
relating thereto, as in force at the date of adoption of
this  Directive;

the 

3.  ‘ship-generated  waste’  shall  mean  all  waste  and
than  cargo  residues,  which  are
residues,  other 
generated during the service of the ship and fall under
the  scope  of  Annexes  I  and  V  of  Marpol  73/78  and
cargo-associated  waste  as  defined  in  the  Guidelines
for  the  implementation  of  Annex  V  of  Marpol
73/78;

4.  ‘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 
include
loading/unloading  excesses  and  spillages;

completed 

shall 

and 

are 

5.  ‘port  reception  facility’  shall  mean  any  provision,
which  is  fixed,  floating  or  mobile  and  capable  of
receiving  ship-generated  waste  or  cargo  residues;

6.  ‘fishing vessel’ shall mean any vessel equipped or used
living

fish  or  other 

for  catching 

commercially 
resources  of  the  sea;

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

Purpose

7.  ‘recreational  craft’  shall  mean  a  boat  of  any  type,
regardless  of  the  means  of  propulsion,  intended  for
sports  or  leisure  purposes;

8.  ‘port’  shall  mean  all  ports,  harbours,  terminals  and

marinas.

Without  prejudice  to  the  definitions  in  paragraphs  3  and
4,  ‘ship  generated  waste’  and  ‘cargo  residues’  shall  be
considered  to  be  waste  within  the  meaning  of  Article
1 (a)  of  Directive  75/442/EEC  on  waste (1).

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

(1)  OJ  L  194,  25.7.1975,  p.  39.

C  271/82

EN

Official  Journal  of  the  European  Communities

31.8.98

Article  3

Scope

Article  6

Notification

This  Directive  shall  apply  to:

1.  all 

ships  unless  expressly  provided  otherwise,
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

2.  all  ports  of  the  Member  States.

Article  4

Port  reception  facilities

1. Member  States  shall  ensure  the  provision  of  port
reception  facilities  adequate  to  meet  the  needs  of  the
ships using these facilities without causing undue delay to
ships.

2. The  reception  facilities  shall  be  capable  of  receiving
all  categories  of  ship-generated  waste  and  cargo  residues
originating from ships normally visiting the port and shall
be  developed  according  to  the  size  of  the  port  and  the
category  of  ships  calling  at  that  port.

inadequacies 

3. Alleged 
the  provision  of  port
in 
reception  facilities  should  be  notified  to  the  port  State  in
the
accordance  with 
International  Maritime  Organization.

the  procedures  agreed  at 

Article  5

Waste  reception  and  handling  plans

1. An  appropriate  waste  reception  and  handling  plan
shall be developed and implemented in each port, 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.

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 and provide that information to the authority
or body designated for this purpose by the Member State
in  which  that  port  is  located:

(a)  at least 24 hours prior to arrival, if the port of call is

known;  or

(b) as  soon  as  the  port  of  call  is  known,  if  this
information  is  available  less  than  24  hours  prior  to
arrival; or

(c)  at the least upon departure from the previous port, if
the  duration  of  the  voyage  is  less  than  24  hours.

2. The  information  referred  to  in  paragraph  1  shall  be
kept on board and be made available to the authorities of
that  Member  State  upon  request.

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.

2. A  ship  may,  however,  be  allowed  to  proceed  to  the
next  port  of  call  without  delivering  the  ship-generated
waste,  if  the  master  can  confirm,  on  the  basis  of  the
information  in  Annex  II,  that  there  is  sufficient  storage
capacity  for  all  ship-generated  waste  that  will  be
accumulated  during  the  intended  voyage  of  the  ship.

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.

2. Member  States  shall  monitor  and  evaluate  the  waste
reception  and  handling  plan  and  ensure  its  approval  at
least every three years and after significant changes in the
operation  of  the  port.

2. The  cost  recovery  systems  for  using  port  reception
facilities  shall  encourage  the  delivery  of  ship-generated
waste  to  shore  and  provide  no  incentive  for  ships  to

31.8.98

EN

Official  Journal  of  the  European  Communities

C  271/83

discharge  that  waste  into  the  sea.  To  this  end  the
following  principles  shall  apply:

(a)  All  ships  calling  at  a  port  of  a  Member  State  shall
contribute  substantially  in  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  and  size  of  the  ship.

(b) Additional  fees  may  be  imposed  with  respect  to
quantities and types of waste actually delivered by the
ship.

(c)  Fees  may  be  reduced  if  the  ship’s  environmental
management, design, equipment and operation is such
that  the  master  of  the  ship  can  demonstrate  that  it
produces  reduced  quantities  of  ship-generated  waste.

In  order  to  ensure  that  the  charged  fees  are  fair,
3.
transparent,  non-discriminatory  and  reflect  the  costs  of
the  facilities  and  services  made  available  and,  where
appropriate, used, the amount and the basis on which the
fees  have  been  calculated  should  be  made  clear  for  the
port  users.

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  other  ports
involved  may  exempt  these  ships  from  the  obligations  in
Articles  6,  7  and  8.

2. The  Commission  shall  be  kept  informed  by  the
Member States of exemptions granted in accordance with
paragraph  1.

Article  10

Delivery  of  cargo  residues

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  and  that  a  sufficient  number  of
such  inspections  are  carried  out.  Such  inspections  may,
when applicable, be undertaken within the framework of
Directive  95/21/EC (1).

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 inaccuracies.

2.
If  a  Member  State  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  waste  to  a  reception
facility  to  the  extent  that  it  complies  with  Articles  7  and
10.

3. When  there  is  evidence  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.

4. Member  States  shall  establish  control  procedures,  to
the  extent  required,  for  fishing  vessels  and  recreational
the  applicable
ensure 
craft 
requirements  of  this  Directive.

compliance  with 

to 

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.

(1)  Council  Directive  95/21/EC  of  19  June  1995  concerning  the
enforcement,  in  respect  of  shipping  using  Community  ports
and  sailing  in  the  waters  under  the  jurisdiction  of  the
Member  States,  of  international  standards  for  ship  safety,
pollution  prevention  and  shipboard  living  and  working
conditions  (port  State  control),  OJ  L  157,  7.7.1995,  p.  1.

C  271/84

EN

Official  Journal  of  the  European  Communities

31.8.98

Article  12

Accompanying measures

3. Member  States  and  the  Commission  shall  co-operate
to  establish  an  appropriate 
information  system  to
enhance  the  identification  of  ships  which  have  not
delivered their ship-generated waste and cargo residues in
accordance  with  this  Directive.

1. Member  States  shall:

(a)  take  all  necessary  measures  to  ensure  that  masters,
providers  of  port  reception  facilities  and  other
concerned  persons  are  adequately  informed  of  the
requirements  addressed  to  them  under  this  Directive
and  that  they  observe  those  requirements;

(b) designate  appropriate  authorities  or  bodies 

for

performing  functions  under  this  Directive;

(c)  make  provision 

their
relevant  authorities  and  commercial  organisations  to
ensure  the  effective  implementation  of  this  Directive;

for  co-operation  between 

(d) ensure  that  the  information  provided  by  masters  in
accordance  with  Article  6  is  appropriately  examined;

(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;

(f)  ensure  that  the  Commission  is  provided  with  a  copy
of  the  allegations  of  inadequate  reception  facilities
referred  to  in  Article  4 (2);

(g)  establish  and  maintain  appropriate  procedures  in
accordance  with  their  national  legislation  for  the
appropriate  compensation  of  ships  which  have
complied with Article 6 but are unduly delayed due to
inadequacy  of  port  reception  facilities;  and

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.

Article  14

Regulatory  Committee

The  Commission  shall  be  assisted  by  the  Committee  set
up  pursuant  to  Article  12,  paragraph  1,  of  Directive
93/75/EEC (5).  The  Committee 
in
accordance with the procedure laid down in paragraphs 2
and  3  of  that  Article.

shall  operate 

Article  15

Amendment  procedure

(h) 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
on  waste (1)  and  other  relevant  Community  waste
legislation,  in  particular  Directive  75/439/EEC  on  the
disposal  of  waste  oils (2)  and  Directive  91/689/EEC
on  hazardous  waste (3).

1. The  annexes,  definitions,  references  to  Community
instruments  and  references  to  IMO  Resolutions  may  be
amended  in  accordance  with  the  procedure  laid  down  in
Article 14 in order to bring them in 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.

2. Delivery  of  ship-generated  waste  and  cargo  residues
shall  be  considered  as  release  for  free  circulation  within
the  meaning  of  Article  79  of  Regulation  2913/92/EEC
establishing  the  Community  Customs  Code (4).  The
customs  authorities  shall  not  require  the  lodging  of  a
summary declaration in accordance with Article 45 of the
Community  Customs  Code.

2. The  Annexes  may  also  be  amended  in  accordance
with  that  procedure  when  necessary  to  improve  the
regime  established  by 
this  Directive,  but  without
broadening  the  scope  of  the  Directive.

(1)  OJ  L  194,  25.7.1975,  p.  39.
(2)  OJ  L  194,  25.7.1975,  p.  23.
(3)  OJ  L  377,  31.12.1991,  p.  20.
(4)  OJ  L  302,  19.10.1992.

(5)  Council  Directive  concerning  minimum  requirements  for
vessels  bound  for  or  leaving  Community  ports  and  carrying
dangerous  or  polluting  goods,  OJ  L  247,  5.10.1993,  p.  19.

31.8.98

EN

Official  Journal  of  the  European  Communities

C  271/85

Article  16

Implementation

1. Member  States  shall  bring  into  force  the  laws,
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  not  later  than  18  months
following  the  date  of  its  entry  into  force  and  forthwith
inform  the  Commission  thereof.

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.

3. The  Member  States  shall  immediately  notify  to  the
Commission  all  provisions  of  domestic  law  which  they
adopt  in  the  field  governed  by  this  Directive.  The
inform  the  other  Member  States
Commission  shall 
thereof.

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.

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.

Article  17

Evaluation

Article  19

Addressees

1. Member  States  shall  submit  to  the  Commission  a
status  report  concerning  the  implementation  of  this
Directive  every  three  years.

This Directive is addressed to the Member States and the
Commission.

C  271/86

EN

Official  Journal  of  the  European  Communities

31.8.98

ANNEX  I

REQUIREMENTS  FOR  WASTE  RECEPTION  AND  HANDLING  PLANS  IN  PORTS

(as  referred  to  in  Article  5)

The  plan  shall  cover  all  categories  of  ship-generated  waste  and  cargo  residues  originating  from  ships
normally  visiting  the  port  and  it  shall  be  developed  according  to  the  size  of  the  port  and  the  category  of
ships  calling  at  that  port.

The  following  elements  shall  be  addressed  in  the  plan:

—  an  assessment  of  the  need  for  reception  facilities,  in  light  of  the  need  of  the  ships  normally  visiting  the

port,

—  a  description  of  the  type  and  capacity  of  facilities,

—  a  detailed  description  of  the  procedures  for  the  reception  and  collection  of  ship-generated  waste  and

cargo residues,

—  description  of  the  charging  system,

—  procedures  for  reporting  alleged  inadequacies  of  reception  facilities,

—  procedures  for  ongoing  consultations  with  port  users,  waste  contractors,  terminal  operators  and  other

interested  parties,  and

—  type  and  quantities  of  ship-generated  waste  and  cargo  residues  received  and  handled.

In  addition,  the  plan  should  include:

—  a  resume  of  relevant  legislation  and  formalities  for  delivery,

—  identification  of  a  person  or  persons  to  be  responsible  for  the  implementation  of  the  plan,

—  description  of  the  pre-treatment  equipment  and  processes  in  the  port,  if  any,

—  methods  of  recording  actual  use  of  the  facilities,

—  methods  of  recording  amounts  of  ship-generated  waste  and  cargo  residues  received,  and

—  description  of  how  the  ship-generated  waste  and  cargo  residues  are  disposed  of.

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.

Information  to  be  made  available  to  all  port  users:

—  brief  reference  to  fundamental  importance  of  proper  delivery  of  ship-generated  waste  and  cargo

residues,

—  location  of  facilities  applicable  to  each  berth  with  diagram/map,

—  list  of  ship-generated  waste  and  cargo  residues  normally  dealt  with,

—  list  of  contact  points,

—  description  of  procedures  for  delivery,

—  description  of  charging  system,  and

—  procedures  for  reporting  alleged  inadequacies  of  reception  facilities.

31.8.98

EN

Official  Journal  of  the  European  Communities

C  271/87

ANNEX  II

INFORMATION  TO  BE  NOTIFIED

(as  referred  to  in  Article  6)

1.  Name,  call  sign  and,  where  appropriate,  IMO  identification  number  of  the  ship:

2.  Flag State:

3.  Port  of  destination:

4.  Estimated  time  of  arrival  (ETA):

5.  Estimated  time  of  departure  (ETD):

6.  Last  port  of  call:

7.  Next  port  of  call:

8.  Last  port  and  date  when  ship-generated  waste  was  delivered:

9.  Type  and  amount  of  waste  and  residues  to  be  delivered  and/or  remaining  on  board,  and  percentage  of

maximum  storage  capacity.

Type

Maximum 
storage
capacity
(m3)

Amount  on
board
(m3)

%  of
maximum
capacity

To  be
delivered?
Yes/No

Separated?
Yes/No

Waste  Oils

Sludge

Bilge  water

Others
(specify)

Garbage

Food  waste

Plastic

Other

Cargo-associated  waste (*)
(specify)

Cargo  Residues (*)
(specify)

(*)  May  be  estimates.

Note:  this  information  may  be  used  for  port  State  control  purposes.