17 Amendments of Alain CADEC related to 2018/0012(COD)
Amendment 48 #
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, if a vessel delivers an exceptionally large volume of the types of waste included in Annex V to the Marpol Convention and that volume exceeds the volume put down in the reception and handling plan, an additional direct fee may be charged in order to ensure that the costs related to receiving that 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 96 #
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 the reception of ships, including the anchorage area within the jurisdiction of the port, and the reception of ships planning to trade there;
Amendment 110 #
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, ship waiting to be chartered or under shelter, or other ship owned or operated by a State and used, for the time being, only on a government non- commercial basis;
Amendment 121 #
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 when that delay results from a failure to implement reception and handling plans.
Amendment 129 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) location of port reception facilities applicable to eacDoes not affect the English bverth;sion.)
Amendment 154 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Amendment 164 #
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, within one working day after reception, 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 166 #
Proposal for a directive
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
(a) the ship only calls at anchorage at a port of call for trading purposes for less than 24 hours or, under adverse weather conditions or while waiting to be chartered;
Amendment 171 #
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 calculationpercentage of the 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 174 #
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
7. IWithout prejudice to the provisions of the Marpol Convention, the Member State shall require the ship to deliver all its waste before departure if the next port of call is located outside the Union, or and there are good reasons to believe 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 all its waste before departure.
Amendment 190 #
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, except for 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, up to an amount established in the handling and reception plan;
Amendment 211 #
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 218 #
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 235 #
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 257 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 259 #
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 uppresent 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 263 #
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. The obligations under Article 4(3), the last subparagraph of Article 5(2), Article 6(2), Article 7(3) and Article 9(3) shall be applied in keeping with the implementation of the revised Directive 2010/65/EU.