Activities of Francisco de Paula GAMBUS MILLET related to 2018/0012(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on port reception facilities for the delivery of waste from ships, repealing Directive 2000/59/EC and amending Directive 2009/16/EC and Directive 2010/65/EU
Amendments (20)
Amendment 38 #
Proposal for a directive
Recital 12
Recital 12
(12) Separate collection of waste from ships, including derelict fishing gear or fishing gear waste, is necessary to ensure its further recovery in the downstream waste management chain. Garbage is often segregated on board of ships in accordance with international norms and standards and Union legislation should ensure that these efforts of on-board waste segregation are not undermined by a lack of arrangements for separate collection on shore. Member States should ensure in every case that the separate collection systems applied at ports are best suited to the portsʼ characteristics.
Amendment 41 #
Proposal for a directive
Recital 13
Recital 13
(13) Although the majority of marine litter originates from land-based activities, the shipping industry, including the fishing and recreational sectors, is also an important contributor, with discharges of garbage, including plastic and derelict fishing gear or fishing gear waste, going directly into the sea.
Amendment 45 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Platforms operating offshore, whether fixed or floating, also produce marine litter and should have a waste management plan requiring waste to be collected separately and delivered regularly to Union ports.
Amendment 47 #
(18) To address the problem of marine litter effectively, it is fundamental to provide the right level of incentives for the delivery of waste to port reception facilities, in particular garbage. This can be achieved through a cost recovery system, which requires the application of an indirect fee, which is due irrespective of the delivery of waste and which should give a right of delivery of the waste without any additional direct charges. The fishing and recreational sector, given their contribution to the occurrence of marine litter, should also be included in this system, which should not, however, overburden small fishing boats less than 12 metres long that set sail and return to port within the same fishing day.
Amendment 54 #
Proposal for a directive
Recital 19
Recital 19
(19) The ‘Green Ship’ concept should be furtherlly developed in relation to waste management and realised in as harmonised a way as possible, so that an effective reward system can be implemented for those vessels that reduce their waste on board.
Amendment 65 #
Proposal for a directive
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) ‘fixed or floating platform’ means any fixed or floating platform located offshore, including drilling rigs or floating production, storage, loading, or offloading facilities used for the production and storage of any substance or material in a solid, liquid, or gaseous state;
Amendment 70 #
Proposal for a directive
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(fa) ‘fishing day’ means a calendar day, running from 0.00 to 24.00, during which fishing activities are carried out;
Amendment 71 #
Proposal for a directive
Article 2 – paragraph 1 – point f b (new)
Article 2 – paragraph 1 – point f b (new)
(fb) ʻfishing gearʼ means any item or piece of equipment used in fishing and aquaculture to target or capture marine biological resources or floating on the sea surface and deployed for the purpose of attracting and capturing marine biological resources;
Amendment 72 #
Proposal for a directive
Article 2 – paragraph 1 – point f c (new)
Article 2 – paragraph 1 – point f c (new)
(fc) ‘fishing gear waste’ means any fishing gear covered by the definition of waste in Directive 2008/98/EC, including all separate components, substances, or materials that were part of or attached to such fishing gear when it was discarded;
Amendment 74 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall make the adjustments required for separate collection systems at ports which do not yet have them, taking into account the needs and characteristics of each port with a view to increasing efficiency.
Amendment 78 #
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The port authorities concerned or, failing them, the relevant authorities shall ensure that waste delivery or reception operations are carried out with sufficient safety measures to avert risks to persons and the environment at ports covered by this Directive.
Amendment 80 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Private jetties for household use, or small ports with limited or occasional recreational craft traffic, shall be exempt from the obligations laid down in this paragraph. The Commission shall accordingly draw up and adopt the guidelines necessary for the correct interpretation of this exemption.
Amendment 82 #
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 83 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. The fact that the above plans are to be drawn up or reworked at the same time as this Directive is to be revised, amended, or adapted shall not have the effect of extending the deadline for submission of plans, nor shall any exemption be granted on that account from the need to submit a plan on the due date for the purposes of this Directive.
Amendment 98 #
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 toMember States must ensure a right of delivery without any additional direct charges;
Amendment 110 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The fees shall be reduced if 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 harmonised minimum criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on-board waste management.
Amendment 113 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the ship is engaged in scheduled traffic, departing from and arriving at the same port within one fishing day and/or with frequent and regular port calls;
Amendment 118 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
Article 22 of Directive 2009/16/EC on the professional profile of inspectors shall not apply to inspectors of port reception facilities.
Amendment 123 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States shall establish procedures for inspections for fishing vessels below 100 gross tonnage as well as for recreational craft below 100 gross tonnage, to ensure compliance with the applicable requirements of this Directive. Member States shall also ensure that those inspections do not impose an excessive burden on fishing vessels less than 12 metres long which return to port within a single fishing day.
Amendment 129 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall lay down of the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that they are implemented. The penalties provided for shallmust be effective, proportionate and dissuasive.