24 Amendments of Deirdre CLUNE related to 2018/0012(COD)
Amendment 46 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) It can be challenging to adopt and monitor waste reception and handling plans for small ports, such as mooring areas and marinas, which receive low traffic, mostly recreational crafts, or are only in use during part of the year. The waste from those small ports is normally handled by the municipal waste management system according to the principles of Directive 2008/98/EC revised by Directive (EU) 2018/851. In order not to overburden the local authorities and facilitate the waste management in such small ports, it should be sufficient that the waste from local mooring areas and marinas is included in the municipal waste stream and managed accordingly, and that the port makes information regarding waste reception available to the users of the port.
Amendment 86 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive aims to protect the marine environment against the negative effects from discharges of waste from ships using ports located in the Union, while ensuring the smooth operation of maritime traffic, by improving the availability and use of adequate port reception facilities and the delivery of waste to those facilities.
Amendment 98 #
Proposal for a directive
Article 2 – paragraph 1 – point j
Article 2 – paragraph 1 – point j
(j) ‘port’ means a place or a geographical area made up of such improvement works and equipment as to permit principally the reception of ships, including the anchorage area within the jurisdiction of the port;
Amendment 102 #
Proposal for a directive
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
(l) ‘sufficient storage capacity’ means enough designated capacity to store theeach type of waste on board from the moment of departure until the next port of call, including the waste that is likely to be generated during the voyage;
Amendment 105 #
(m) ‘scheduled traffic’ means traffic based on a published or planned list of times of departures and arrivals between identified ports or recurrent crossings that constitute a recognised schedule; the ship´s schedule should be set in advance and remain stable over at least 4 months
Amendment 106 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(q) ‘treatment’ means recovery or disposal operations, including preparation prior to recovery or disposal;
Amendment 116 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Member States shall take measures to ensure that, where possiin so far as is reasonable and practicable, ships, which do not fall within the scope of this Directive, deliver their waste in a manner consistent with this Directive.
Amendment 119 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States, if necessary in consultation with EMSA, shall investigate all reported cases of alleged inadequacies and ensure that any party involved in the delivery or reception of waste from ships can claim compensation for damage caused by undue delay, related to non-compliance with the waste reception and handling plan.
Amendment 133 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point e
Article 5 – paragraph 2 – subparagraph 1 – point e
(e) description of the cost recovery systems; including the fees and the basis on which they have been calculated and
Amendment 138 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall evaluate and approve the waste reception and handling plan, monitor its implementation and ensure its re-approval at least every threfive years after it has been approved or re- approved, and after significant changes in the operation of the port have taken place. These changes shall include, but not be limited to, structural changes in traffic to the port, development of new infrastructure, changes in the demand and provision of port reception facilities, and new on-board treatment techniques.
Amendment 141 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Small non-commercial ports, which are characterised by rare or low traffic from recreational crafts, shall be exempted from the scope of this article if their waste reception facilities are integrated in the waste handling system managed by or on behalf of the municipality, according to the principles of Directive 2008/98/EC as amended by Directive (EU) 2018/851, and information regarding the waste management system is made available to the users of those ports.
Amendment 146 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The information referred to in paragraph 1 shall be reported electronically in the part of the information, monitoring and enforcement system, referred to in Article 14 of this Directive, in accordance with Directive 2010/65/EU and Directive 2002/59/EC and be made available to relevant stakeholders including the operators of port reception facilities.
Amendment 156 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Upon delivery, the waste operator or the authority of the port where the waste was delivered shall accurately complete the form in Annex 3 and issue the waste receipt to the ship without undue delay.
Amendment 159 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
This requirement shall not apply in small unmanned ports or inports with unmanned facilities or in ports that are remotely located ports, provided that the Member State where such a port is located has reported this information electronically in the part of the information, monitoring and enforcement system referred to in Article 14 of this Directive.
Amendment 162 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The operator, agent or master of a ship, falling within the scope of Directive 2002/59/EC, shall before departure, or as soon as practicable after receiving it, electronically report the information from the waste receipt in the part of the information, monitoring and enforcement system referred to in Article 14 of this Directive, in accordance with Directive 2010/65/EU and Directive 2002/59/EC.
Amendment 172 #
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
7. If, on the next port of call is located outside the Union, or there are good reasons to believebasis of the available information, including the information that is electronically available in the information, monitoring and enforcement system referred to in Article 14 of this Directive or in GSIS, it cannot be established that adequate facilities are not available in the next port of call, or this port is unknown, the Member State shall require the ship to deliver, before departure, all its waste before departurethat cannot be adequately received and treated at the next port of call.
Amendment 183 #
(b) the indirect fee shall cover the indirect administrative costs, as well as a significant part of the direct operational costs, as determined in Annex 4. The significant part of the direct operational costs shall represent at least 30 % of the total yearly direct costs for actual delivery of the waste during the previous year;
Amendment 187 #
Proposal for a directive
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) in order to provide for a maximum incentive for the delivery of waste as defined in Annex V to the MARPOL Convention, including the waste that has been collected in nets during fishing operations, the indirect fee to be charged shall cover all the costs of port reception facilities for this waste, in order to ensure a right of delivery without any additional direct charges; The indirect fee shall cover quantities normally delivered with respect to the category, type and size of ship and not exceeding the maximum designated storage capacity as mentioned in the form set out in Annex 2 to this Directive for ships falling within the scope of Directive 2002/59/EC other than for a fishing vessel or a recreational craft of less than 45 metres length who are exempt from the requirements of paragraph 1 in Article 6 and for whom the indirect fee shall cover all the costs of port reception facilities for this waste;
Amendment 200 #
Proposal for a directive
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(ca) In order to avoid that the costs of collection and treatment of passively fished waste are borne exclusively by port users, Member States shall cover these costs from the revenues generated by alternative financing systems, including waste management schemes and the regional, national and European funding available;
Amendment 225 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The fees shall be reduced if ton the following basis, if: (a) The ship is engaged in short sea shipping trade (b) The ship’s design, equipment and operation are such that it can be demonstrated that the ship produces reduced quantities of waste, and manages its waste in a sustainable and environmentally sound manner. The Commission shall be empowered by means of delegated acts in accordance with Article 19, to define the criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on-board waste management; This should be in line with best practice and IMO guidelines.
Amendment 229 #
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. In order to ensure that the fees are fair, transparent, non-discriminatory, and that they reflect the costs of the facilities and services made available, and, where appropriate, used, the amount of the fees and the basis on which they have been calculated shall be made available in English to the port users in the waste reception and handling plans.
Amendment 233 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) the arrangement under point (b) is evidenced by a signed contract with a port or waste contractor, waste delivery receipts and confirmation that the arrangement has been acceptnotified byto all ports on the ship’s route. The arrangement for delivery and payment of the fee shall be made in a port located in the Union in order to constitute sufficient evidence in accordance with this paragraph. or in another port if it can be established based on the information reported electronically into the information, monitoring and enforcement system referred to in Article 14 and in GISIS that adequate facilities are available in the port with which the arrangement under point (b) has been made.
Amendment 251 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The information reported for the purposes of Articles 4 and 5(2) shall be subsequently transmitted by the Commission to the IMO Port Reception Facilities Database within GISIS which will require regular updating.
Amendment 265 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by 31st of December 2020 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. Implementation of obligations set out in Article 4(3), Article 5(2) last paragraph, Article 6(2), Article 7(3) and Article 9(3) shall occur in accordance with the revised Directive 2010/65/EU.