Amended proposal for a Council Directive on port reception facilities for ship-generated waste and cargo residues
Date: 1999-04-19
Institutions: European Commission
Subjects: harbour installation, marine pollution, prevention of pollution, vessel, waste management

28.5.1999

EN

Official Journal of the European Communities

C 148/7

II

(Preparatory Acts)

COMMISSION

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 (cid:151) 98/0249(SYN)

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

(1) OJ C 271, 31.8.1998.

ORIGINAL TEXT

AMENDED TEXT

Recital 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;

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
the 1974/1992 Convention on the Protection of
Marine Environment in the Baltic Sea Area, should be ensured;

Recital 22

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;

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)

Whereas
cooperate in establishing common criteria for
ships which produce reduced quantities of waste;.

the Member States and the Commission should
identifying

C 148/8

EN

Official Journal of the European Communities

28.5.1999

ORIGINAL TEXT

AMENDED TEXT

Article 11(3)

Enforcement

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
the penalties referred to in
prejudice to the application of
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
include an assessment
taken place. Such an inspection shall
of factors relating to the ship’s compliance with this Directive,
such as
any information provided in
the
accordance with Article 6.

accuracy of

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
the penalties referred to in
prejudice to the application of
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

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

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

Article 15(3) (new)

Amendment procedure

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

ship-generated waste

Requirements for waste reception and handling plans in ports

ANNEX I

for

storage,

should conform in all

reception, collection,
respects

treatment and
The procedures
to an environmental
disposal
the
management scheme suitable for the progressive reduction of
environmental
is
Such conformity
these
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.

impact of

activities.

for

should conform in all

reception, collection,
respects

treatment and
The procedures
to an environmental
disposal
the
management scheme suitable for the progressive reduction of
environmental
is
Such conformity
these
presumed if the procedures are in compliance with the EMAS regu-
lation (Council Regulation (EEC) No 1836/93) and its future revisions.

impact of

activities.

storage,