51999AP0023

A4-0023/99

Proposal for a Council Directive on port reception facilities for ship-generated waste and cargo residues (COM(98)0452 - C4-0484/98 - 98/0249(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 5

>Original text>

(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;

>Text following EP vote>

(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 this action should seek to achieve harmonisation with existing agreements and in particular with the Helsinki Convention (March 1998 version);

(Amendment 2)

Recital 15

>Original text>

(15) Whereas effectiveness in providing port reception facilities can be improved by requiring vessels to notify authorities of the Member States of their need to use reception facilities; whereas this information will also provide information for effectively planned waste management; whereas this notification shall be in a standard format for all the Community; whereas this information can be included in the normal notification from ships to port; whereas this notification should only be made by vessels other than fishing vessels and recreational craft;

>Text following EP vote>

(15)

Whereas effectiveness in providing port reception facilities can be improved by requiring vessels to notify authorities of the Member States of their need to use reception facilities; whereas this information will also provide information for effectively planned waste management; whereas this notification shall be in a standard format for all the Community; whereas this information can be included in the normal notification from ships to port; whereas this notification should only be made by vessels other than recreational craft and small fishing vessels;

(Amendment 3)

Recital 17a (new)

>Original text>

>Text following EP vote>

(

17a) Whereas in connection with any reductions in port charges for environment-friendly vessels, the Commission should support the implementation of a system for classifying ships as environment-friendly at least throughout the European Union;

(Amendment 4)

Recital 22

>Original text>

(22) Whereas enforcement of this Directive can be enhanced by the establishment of an appropriate information system for the identification of polluting, or potentially polluting ships;

>Text following EP vote>

(22)

Whereas enforcement of this Directive must be enhanced by the establishment of an appropriate information system for the identification of polluting, or potentially polluting ships; whereas such a system will also help in evaluating the successful implementation of the Directive;

(Amendment 5)

Article 3(1)

>Original text>

1. all ships unless expressly provided otherwise, irrespective of their flag, calling at, or operating within, a port of a Member State, with the exception of any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service; and

>Text following EP vote>

1.

all ships unless expressly provided otherwise, irrespective of their flag, calling at, or operating within, a port of a Member State, with the exception of any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service. The fundamental obligation properly to dispose of ship-generated waste and cargo residues shall also apply to ships exempted from the Directive; and

(Amendment 6)

Article 5(2)

>Original text>

2. Member States shall monitor and evaluate the waste reception and handling plan and ensure its approval at least every three years and after significant changes in the operation of the port.

>Text following EP vote>

2.

Member States shall ensure that the designated authority monitors and evaluates the waste reception and handling plan and that implementation of the plan is also monitored and evaluated. Each plan shall be approved at least every three years and after significant changes in the operation of the port.

(Amendment 7)

Article 6(1), introduction

>Original text>

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 provide that information to the authorityor body designated for this purpose by the Member State in which that port is located:

>Text following EP vote>

1.

The master of a ship other than a fishing vessel under 15 metres in length or a recreational craft bound for a port located in the Community shall complete truly and accurately the form in Annex II and provide that information to port authorities in the port concerned who shall ensure that the information is passed on to other relevant authorities and bodies:

(Amendment 8)

Article 8(2)(a), (b) and (c)

>Original text>

(a) All ships calling at a port of a Member State shall contribute substantially in 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 and size of the ship.

>Text following EP vote>

(a)

All ships calling at a port of a Member State shall make a substantial contribution, i.e. of at least 90%, 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 separate standard waste fee. The fees may be differentiated with respect to, inter alia, the category and size of the ship.

>Original text>

(b) Additional fees may be imposed with respect to quantities and types of waste actually delivered by the ship.

>Text following EP vote>

(b)

Fees may be reduced if the ship's environmental management, design, equipment and operation is such that the master of the ship can demonstrate that it produces reduced quantities of ship-generated waste.

>Original text>

(c) Fees may be reduced if the ship's environmental management, design, equipment and operation is such that the master of the ship can demonstrate that it produces reduced quantities of ship-generated waste.

>Text following EP vote>

(c) In special cases (e.g. extremely large quantities of waste or toxic waste), additional fees may be imposed with respect to quantities and types of waste actually delivered by the ship. Where additional fees are imposed for the disposal of special waste, the ship's owner shall instead be given the opportunity to settle the cost of disposal directly with the waste disposal company.

(Amendment 9)

Article 8(3a) (new)

>Original text>

>Text following EP vote>

3a. If after the Directive has come into force the variety of fee-charging systems as between the Member States or ports in the Community should still be having a negative effect on competition, the Commission shall submit a proposal to amend this Article, prescribing a compulsory no-special-charge system for the European Union, on the basis of the Helsinki Convention (March 1998 version).

(Amendment 10)

Article 9(2a) (new)

>Original text>

>Text following EP vote>

2a. A common policy shall be established for waste disposal arrangements with third-country ports.

(Amendment 11)

Article 11(1), 1st subparagraph

>Original text>

1. Member States shall ensure that any ship may be subject to an inspection in order to verify that it complies with Articles 7 and 10 and that a sufficient number of such inspections are carried out. Such inspections may, when applicable, be undertaken within the framework of Directive 95/21/EC.

>Text following EP vote>

1.

Member States shall ensure that any ship may be subject to an inspection in order to verify that it complies with Articles 7 and 10 and that such inspections are carried out on at least 25% of the ships calling at the port each year. Such inspections may, when applicable, be undertaken within the framework of Directive 95/21/EC.

(Amendment 12)

Article 11(3)

>Original text>

3. When there is evidence 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 prejudice to the application of the penalties referred to in 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 taken place. 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.

>Text following EP vote>

3.

When there is clear evidence 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 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.

(Amendment 13)

Article 11(4)

>Original text>

4. Member States shall establish control procedures, to the extent required, for fishing vessels and recreational craft to ensure compliance with the applicable requirements of this Directive.

>Text following EP vote>

4.

Member States shall establish control procedures, to the extent required, for fishing vessels under 15 metres in length and recreational craft to ensure compliance with the applicable requirements of this Directive.

(Amendment 14)

Article 12(1)(ha) (new)

>Original text>

>Text following EP vote>

(ha)

ensure that, in incorporating this Directive into national law, their national provisions are also consistent with the Agreement on the Protection of the Marine Environment of the Baltic Sea Area (Helsinki Convention), with particular regard to the rules on fees.

(Amendment 15)

Article 12(3)

>Original text>

3. Member States and the Commission shall cooperate to establish an appropriate information system to enhance the identification of ships which have not delivered their ship-generated waste and cargo residues in accordance with this Directive.

>Text following EP vote>

3.

Member States and the Commission, together with the ports, shall cooperate to establish at least throughout the European Union an appropriate information and monitoring system to:

>Original text>

>Text following EP vote>

- monitor ships allowed pursuant to Article 9(1) to dispose of waste and cargo residues at a subsequent port of call,

>Original text>

>Text following EP vote>

- improve the identification of ships which have not delivered their ship-generated waste and cargo residues in accordance with this Directive, and

>Original text>

>Text following EP vote>

- ascertain whether the goals set in Article 1 have been met. To this end, the Commission should use the data provided by the system in place for its report pursuant to Article 17.

(Amendment 16)

Article 12(3a) (new)

>Original text>

>Text following EP vote>

3a. With a view to achieving at least Union-wide harmonisation of the criteria for environment-friendly ships and hence the fair application of Article 8(2)(c), the Commission shall support the implementation of a certification system for environment-friendly ships at least throughout the European Union.

(Amendment 17)

Article 17a (new)

>Original text>

>Text following EP vote>

Article 17a

In the light of the conclusions of various IMO working parties the Commission shall promptly submit appropriate proposals to amend this Directive, in particular regarding:

- the treatment of ship-generated sewage;

- the definition of adequate port reception facilities.

(Amendment 18)

Annex I, 4th paragraph

>Original text>

The procedures for reception, collection, storage, treatment and disposal should conform in all respects to an environmental management scheme suitable for the progressive reduction of the environmental impact of these activities. Such conformity is 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.

>Text following EP vote>

The procedures for reception, collection, storage, treatment and disposal should conform in all respects to an environmental management scheme suitable for the progressive reduction of the environmental impact of these activities

, i.e. the current eco-management and audit scheme (EMAS) regulation (Council Regulation (EEC) No 1836/93)(1) and its future revisions.

____________

(1) OJ L 168, 10.7.1993, p. 1.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on port reception facilities for ship-generated waste and cargo residues (COM(98)0452 - C4-0484/98 - 98/0249(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(98)0452 - 98/0249(SYN)) ((OJ C 271, 31.8.1998, p. 79.))

- having been consulted by the Council pursuant to Articles 189c and 84(2) of the EC Treaty (C4-0484/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism (A4-0023/99),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Instructs its President to forward this opinion to the Council and Commission.