Activities of Rolandas PAKSAS related to 2018/0012(COD)
Shadow reports (1)
REPORT 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 PDF (1 MB) DOC (192 KB)
Amendments (25)
Amendment 47 #
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 only are 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 49 #
Proposal for a directive
Recital 18
Recital 18
(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. However, in case a ship delivers an exceptional amount of Annex V waste which exceeds the maximum dedicated storage capacity as set by the waste reception and handling plan, an additional direct fee may be charged in order to ensure that the costs related to hosting this exceptional amount of waste do not cause a disproportionate burden on a port's cost recovery system. The fishing and recreational sector, given their contribution to the occurrence of marine litter, should also be included in this system.
Amendment 103 #
Proposal for a directive
Article 2 – paragraph 1 – point m
Article 2 – paragraph 1 – point m
(m) ‘scheduled traffic’ means traffic based on a published or planned list of times of departures and arrivals between two 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 109 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) all ships, 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 ships waiting for chartering or for shelter, or other ship owned or operated by a State and used, for the time being, only on a government non- commercial basis;
Amendment 120 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States 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 124 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. An appropriate waste reception and handling plan shall be in place and implemented for each port following ongoing consultations with the relevant parties, in particular with port users or their representatives. Those consultations should be held both during the initial drafting of the plans and after their adoption, in particular when significant changes have taken place, with regards to the requirements in Articles 4, 6, and 7. The detailed requirements for the development of such plans are set out in Annex 1. Small ports with rare or low traffic from recreational crafts are exempted from the obligation set out in this paragraph. The Commission shall develop guidelines for the interpretation of this exemption.
Amendment 132 #
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 139 #
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 142 #
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 if information regarding the waste management system is made available to the users of those ports.
Amendment 148 #
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 available for relevant stakeholders including PRF operators.
Amendment 155 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Amendment 157 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Amendment 163 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. TWithin 4 working days from the waste collection, the operator, agent or master of a ship, falling within the scope of Directive 2002/59/EC, shall before departure, 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 167 #
Proposal for a directive
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
(a) the ship only calls at anchorage for less than 24 hours or under adverse weather conditions or waiting for chartering;
Amendment 170 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. In order to ensure uniform conditions for the implementation of the exception based on sufficient dedicated storage capacity, implementing powers shall be conferred on the Commission to define the methods to be used for the calculation of thepercentage of sufficient dedicated storage capacity on board. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 20(2).
Amendment 185 #
Proposal for a directive
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(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;
Amendment 196 #
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, with the exception of hazardous waste, 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, within a maximum volume set by the waste reception and handling plan;
Amendment 212 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The part of the costs which isare not covered by the fees referred to in subparagraphs (b) and (c), if any, shall be covered on the basis of the types and quantities of waste actually delivered by the ship.
Amendment 219 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The fees shall be reducedport authority may reduce the fees 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 criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on-board waste management.
Amendment 234 #
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 accepted by 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.
Amendment 240 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Inspections shall be carried out in accordance with Directive 2009/16/EC for the ships falling in the scope of that Directive, so that any such inspection includes a verification that the ship complies with the requirements of Articles 6, 7, and 9. Article 22 of Directive 2009/16/EC regarding professional profile for inspectors do not apply to Port Reception Facility inspectors.
Amendment 250 #
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. , that needs to be regularly updated.
Amendment 258 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 260 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The power to adopt delegated acts referred to in Article 8(5), Article 18(1), Article 18(218(1) and Article 18(3) shall be conferred on the Commission for a period of five years from [the date of entry into force]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 264 #
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.