European Parliament legislative resolution on the common position adopted by the Council with a view to adopting a European Parliament and Council directive on port reception facilities for ship-generated waste and cargo residues (11195/1/1999 - C5-0251/1999 - 1998/0249(COD))
29. 12. 2000 EN Official Journal of the European Communities C 377/37 Tuesday 14 March 2000 2. Ship-generated waste and cargo residues ***II A5-0043/2000 European Parliament legislative resolution on the common position adopted by the Council with a view to adopting a European Parliament and Council directive on port reception facilities for ship- generated waste and cargo residues (11195/1/1999 ( C5-0251/1999 ( 1998/0249(COD)) (Codecision procedure: second reading) The European Parliament, having regard to the Council common position 11195/1/1999 C5-0251/1999) (1), having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(1998) 452) (3), having regard to the Commission’s amended proposal(COM(1999) 149) (4), having regard to Article 251(2) of the EC Treaty, having regard to Rule 80 of its Rules of Procedure, having regard to the recommendation for second reading of the Committee on Regional Policy, Trans- port and Tourism (A5-0043/2000), 1. 2. Amends the common position as follows; Instructs its President to forward its position to the Council and Commission. COUNCIL COMMON POSITION AMENDMENTS BY PARLIAMENT (Amendment 1) Recital 12 (12) The effectiveness of port reception facilities can be improved by requiring ships to notify their need to use recep- tion facilities; such notification would also provide information for effectively planned waste management; waste from fishing vessels and recreational craft may be handled by the port reception facilities without prior notification; (12) The effectiveness of port reception facilities can be improved by requiring ships to notify their need to use recep- tion facilities; such notification would also provide information for effectively planned waste management; waste from fishing vessels and recreational craft authorised to carry no more than 12 passengers may be handled by the port reception facilities without prior notification; (Amendment 2) Recital 14a (new) (14a) Ships producing reduced quantities of ship-gener- ated waste should be treated more favourably in the cost recovery systems; common criteria would facilitate the identification of such ships. (1) OJ C 10, 13. 1. 2000, p. 14. (2) OJ C 150, 28. 5. 1999, p. 432 and OJ C 54, 25. 2. 2000, p. 79. (3) OJ C 271, 31. 8. 1998, p. 79. (4) OJ C 148, 28. 5. 1999, p. 7. C 377/38 Official Journal of the European Communities EN 29. 12. 2000 Tuesday 14 March 2000 COUNCIL COMMON POSITION AMENDMENTS BY PARLIAMENT (Amendment 3) Article 3, 2nd paragraph (new) Member States shall take measures to ensure that ships which are excluded from the scope of this Directive under point (a) deliver their ship-generated waste and cargo residues in a manner consistent, in so far as is rea- sonable and practicable, with this Directive. (Amendment 4) Article 6(1), introduction 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 notify that information to the authority or body designated for this purpose by the Member State in which that port is located: 1. The master of a ship, other than a fishing vessel or recreational craft licensed to carry no more than 12 passen- gers, bound for a port located in the Community shall com- plete truly and accurately the form in Annex II and notify that information to the authority or body designated for this pur- pose by the Member State in which that port is located: (Amendment 5) Article 7(3a) (new) 3a. Member States may draw up a list of traditional sail- ing ships (recreational craft) which may be exempted from the delivery of black and grey water (sewage) on cultural and historical grounds and on technical grounds (no possi- bility of installing technical facilities without damaging the cultural and historical status of the ship). (Amendment 6) Article 8(2)(a) (a) all ships calling at a port of a Member State shall contri- bute to 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 sepa- rate standard waste fee. The fees may be differentiated with inter alia, the category, type and size of the respect to, ship; (a) all ships calling at a port of a Member State shall contri- bute a significant share, i. e. at least 90 %, of 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, type and size of the ship; (Amendment 7) Article 8(3a) (new) 3a. The variety of cost recovery systems provided for in paragraph 2 shall not have an adverse effect on the marine environment, waste flow patterns, or competition between ports. If they have an adverse effect, the Commi- ssion shall submit a proposal to amend this Directive. 29. 12. 2000 EN Official Journal of the European Communities C 377/39 COUNCIL COMMON POSITION Tuesday 14 March 2000 AMENDMENTS BY PARLIAMENT (Amendment 8) Article 11(2), introduction For inspections concerning ships other than fishing ves- 2. sels and recreational craft: 2. For inspections concerning ships other than fishing ves- sels and recreational craft licensed to carry no more than 12 passengers: (Amendment 9) Article 11(2)(b) (b) such inspection may be undertaken within the framework of Directive 95/21/EC, when applicable; (b) such inspection shall be undertaken within the framework of Directive 95/21/EC, when applicable, and the require- ment set out in that Directive that at least 25 % of in- dividual ships be inspected shall apply; (Amendment 10) Article 11(3) 3. Member States shall establish control procedures, to the for fishing vessels and recreational craft to extent required, ensure compliance with the applicable requirements of this Directive. required, 3. Member States shall establish control procedures, to the fishing vessels and recreational craft extent licensed to carry no more than 12 passengers to ensure compliance with the applicable requirements of this Directive. for (Amendment 11) Article 12(1)(ga) (new) (ga) ensure that ships are not unduly delayed due to inadequacy of waste reception facilities or of waste management in ports; if ships are unduly delayed, they shall receive adequate compensation. (Amendment 12) Article 12(3) 3. Member States and the Commission shall cooperate to establish an appropriate information system to facilitate the identification of ships which have not delivered their ship-gen- erated waste and cargo residues in accordance with this Direc- tive. 3. Member States and the Commission shall cooperate, together with the ports, to establish an appropriate informa- tion and monitoring system, covering at least the whole of the Community, to: ( monitor ships allowed pursuant to Article 9(1) to deli- ver their waste and cargo residues at a subsequent port of call, ( improve the identification of ships which have not deliv- ered their ship-generated waste and cargo residues in accordance with this Directive, and ( ascertain whether the goals set in Article 1 have been met. For the latter, the Commission shall use the data provided by the system in place for the report it is required to sub- mit pursuant to Article 17. C 377/40 Official Journal of the European Communities EN 29. 12. 2000 Tuesday 14 March 2000 COUNCIL COMMON POSITION AMENDMENTS BY PARLIAMENT (Amendment 13) Article 12(3a) (new) 3a. The Member States and the Commission shall coop- erate in establishing common criteria for identifying ships referred to in Article 8(2)(c). (Amendment 14) Article 14 The Commission shall be assisted by the Committee set up 1. pursuant to Article 12(1) of Directive 93/75/EEC (4). The Commission shall be assisted by a regulatory committee as referred to in Article 5 of Decision 1999/468/EC, having regard to Articles 7 and 8 thereof. 2. Where reference is made to this paragraph, the regulatory pro- cedure provided for in Article 5 of Decision 1999/468/EC shall apply, in compliance with the provisions of Article 8 thereof. The period provided for in Article 5(6) of Decision 1999/468/ EC shall be three months. The Committee shall adopt its rules of procedure. The period provided for in Article 5(6) of Decision 1999/468/ EC shall be fixed as three months. (4) OJ L 247, 5. 10. 1993, p. 19. Directive as last amended by Directive 98/74/EC (OJ L 276, 13. 10. 1998, p. 7). (Amendment 15) Article 16(1), 1st subparagraph 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before … (5) and forthwith inform the Commission thereof. 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before … (5) and forthwith inform the Commission thereof. (5) Twenty four months following the date of entry into force of this (5) Eighteen months following the date of entry into force of this Directive. Directive. 3. Technical roadside inspection of commercial vehicles ***II A5-0040/2000 European Parliament legislative resolution on the Council common position for adopting a Euro- pean Parliament and Council directive on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community (11287/1/1999 ( C5-0323/1999 ( 1998/ 0097(COD)) (Codecision procedure: second reading) The European Parliament, having regard to the Council common position (11287/1/1999 C5-0323/1999) (1), having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(1998) 117) (3), (1) OJ C 29, 1. 2. 2000, p. 1. (2) OJ C 150, 28. 5. 1999, p. 27 and OJ C 54, 25. 2. 2000, p. 79. (3) OJ C 190, 18. 6. 1998, p. 10