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