CELEX: 
Language: en
Date: 2021-10-12
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... defining the criteria for determining that a ship produces reduced quantities of waste and manages its waste in a sustainable and environmentally sound manner in accordance with Directive (EU) 2019/883 of the European Parliament and of the Council

COMMISSION IMPLEMENTING REGULATION (EU) …/...
            
            
               of XXX
            
            
               defining the criteria for determining that a ship produces reduced quantities of waste and manages its waste in a sustainable and environmentally sound manner in accordance with Directive (EU) 2019/883 of the European Parliament and of the Council
            
            
               (Text with EEA relevance)
            
            
               THE EUROPEAN COMMISSION,
            
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC
                  1
               , and in particular Article 8(5) thereof,
            
            
               Whereas:
            
            
               (1)For the purposes of the reduction of fees provided for in Article 8(4) of Directive (EU) 2019/883, the criteria in the Annex should be used.
            
            
               (2)The criteria set out in Section 1 of the Annex reflect essential efforts in reducing waste. Therefore they should be mandatory.
            
            
               (3)The additional criteria set out in Section 2 of the Annex can be applied to incentivise specific practises and equipment, which may also be useful for reducing waste. Therefore those criteria should be optional. 
            
            
               (4)In order to provide for uniform conditions for the application of the fee reduction set out in Article 8(5) of Directive (EU) 2019/883, it is indispensable that Member States apply a harmonized methodology. Implementing acts adopted pursuant to Directive (EU) 2019/883 should therefore take the form of implementing regulations. 
            
            
               (5)The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships,
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
            
            
               1.The criteria set out in Section 1 of the Annex shall be taken into account by port reception facilities or port authorities when calculating the reduction of the fee in accordance with Article 8(5), first subparagraph, point (b) of Directive (EU) 2019/883.
            
            
               2.The criteria set out in Section 2 of the Annex may be taken into account by port reception facilities or port authorities when calculating the reduction of the fee in accordance with Article 8(5), first subparagraph, point (b) of Directive (EU) 2019/883.
            
            
               Article 2
            
            
               This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            
         
         
            
            
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
            
            
               Done at Brussels,
            
            
               
                     For the Commission
               
               
                     The President
                     […]
                     
                  
            
         
         
      
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               ANNEX 
            
            
            
               Section 1 
            
            
               List of mandatory criteria referred to in Article 1(1) 
            
            
                     
                        Criteria
                     
                  
                  
                     
                        Related elements
                     
                  
                  
                     
                        Related Annex of the MARPOL Convention
                     
                  
                  
                     
                        Means of verification
                     
                  
               
                     
                        On-board segregation and ensured delivery in ports to port reception facilities that ensure that the waste is kept segregated through to final re-use, recycling, recovery and/or disposal
                     
                  
                  
                     
                        Operation and management
                     
                  
                  
                     
                        Annex V
                     
                  
                  
                     
                        Green Award, ISO 21070, Blue Angel or Green Marine
                     
                  
               
                     
                        Sustainable purchasing policies (reduction of packaging materials such as bulk packaging and avoiding single use plastic)
                     
                  
                  
                     
                        Management
                     
                  
                  
                     
                        Annex V
                     
                  
                  
                     
                        Green Award, ISO 21070, Blue Angel, or Green Marine
                     
                  
               
               Section 2 
            
            
               List of optional criteria referred to in Article 1(2)
            
            
                     
                        Criteria
                     
                  
                  
                     
                        Related elements
                     
                  
                  
                     
                        Related Annex of the MARPOL Convention
                     
                  
                  
                     
                        Means of verification
                     
                  
               
                     
                        Use of alternative fuels and other energy sources during voyage to port of call or at berth (e.g. shore side electricity, wind, solar)
                     
                  
                  
                     
                        Ship design, technology and operation
                     
                  
                  
                     
                        Annex I
                     
                  
                  
                     
                        Green Award, bunker delivery notes, oil record book, class and statutory certification
                     
                  
               
                     
                        Use of a White Box System < 5ppm (to control and monitor the bilge water discharge from the vessel)
                     
                  
                  
                     
                        Technology and operation
                     
                  
                  
                     
                        Annex I
                     
                  
                  
                     
                        Class certificate, type approval documentation
                     
                  
               
                     
                        Oily water separator (OWS) <5 ppm
                     
                  
                  
                     
                        Technology and operation
                     
                  
                  
                     
                        Annex I
                     
                  
                  
                     
                        Class certificate, type approval documentation, Green Award, Clean Shipping Index (CSI), Green Marine, Blue Angel
                     
                  
               
                     
                        OWS <5 ppm + alarm system and automatic stop for ships 
                        <10,000 GT
                     
                  
                  
                     
                        Technology and operation
                     
                  
                  
                     
                        Annex I
                     
                  
                  
                     
                        Class certificate, type approval documentation, Green Award, CSI, Green Marine, Blue Angel
                     
                  
               
                     
                        On-board segregation of bilge water and sludge and subsequent discharge to port reception facilities
                     
                  
                  
                     
                        Operation
                     
                  
                  
                     
                        Annex I
                     
                  
                  
                     
                        Oil record book, waste receipts
                     
                  
               
                     
                        Sewage treatment system in compliance with International Maritime Organisation  Resolution MEPC.227(64) for all vessels, except for passenger ships when operating in Special Areas covered by Annex IV to the MARPOL Convention
                     
                  
                  
                     
                        Technology, operation and management
                     
                  
                  
                     
                        Annex IV
                     
                  
                  
                     
                        EU declaration of conformity in accordance with Directive 2014/90/EU of the European Parliament and of the Council
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                         or class certificate. In addition, regular in use verification by independent verifier.
                     
                  
               
                     
                        Discharge of sewage to port reception facilities
                     
                  
                  
                     
                        Operation
                     
                  
                  
                     
                        Annex IV
                     
                  
                  
                     
                        Waste receipts
                     
                  
               
                     
                        On-board reuse and recycling
                     
                  
                  
                     
                        Operation and management
                     
                  
                  
                     
                        Annex V
                     
                  
                  
                     
                        ISO 21070 or Green Marine
                     
                  
               
            
            
         
         
            
                  
                     (1)
                  
                        Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC (OJ L 257, 28.8.2014, p. 146).