2018/0012(COD) | [ParlTrack]

Proposal for a directive
Recital 2

(2) The International Convention on the Prevention of Pollution from Ships (‘MARPOL Convention’) provides for general prohibitions on discharges from ships and fixed or floating platforms at sea, but also regulates the conditions under which certain types of waste can be discharged into the marine environment. The MARPOL Convention requires Member States to ensure the provision of adequate reception facilities in ports.

Amendment 19 #

Ana MIRANDA PAZ

Proposal for a directive
Recital 4 a (new)

(4a) In the interests of updating the MARPOL Convention, in particular Annex IV, the International Maritime Organisation (IMO) is urged to bring the convention up to date as it has become obsolete, given the increase in maritime traffic, particularly in the area of cruise traffic. Annex IV to MARPOL allows the discharge of sewage into the sea without any treatment at a distance of more than 12 nautical miles from the coast.

Amendment 20 #

Proposal for a directive
Recital 7

(7) In spite of these regulatory developments, discharges of waste at sea still occur. This is due to a combination of factors, namely adequate port reception facilities are not always available in ports, enforcement is often insufficient and there is a lack of incentives to deliver the waste onshore. Bonuses for fishermen who bring plastic waste to port, for example, could improve the collection of such waste.

Amendment 21 #

Proposal for a directive
Recital 7 a (new)

(7a) Fisheries sector initiatives aimed at reducing fishing waste or retrieving plastic waste, including lost fishing gear, should be welcomed.

Amendment 22 #

(12) Separate collection of waste from ships, including ~~derelic~~lost fishing gear, 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.

Amendment 23 #

Proposal for a directive
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, going directly into the sea. Fixed or floating platforms also contribute to marine litter and should be required to deliver their waste to Union ports at regular intervals.

Amendment 24 #

Proposal for a directive
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~~ is also a contributor, with discharges of garbage, including plastic and derelict fishing gear, going directly into the sea.

Amendment 25 #

Proposal for a directive
Recital 13

(13) Although ~~the majority~~around 80% 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 ~~derelic~~lost fishing gear, going directly into the sea.

Amendment 26 #

Proposal for a directive
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. The ~~fishing and~~ recreational sector, given ~~their~~its contribution to the occurrence of marine litter, should also be included in this system. Fishermen should be exempted from these fees if they undertake to bring to port all the plastic waste and fishing gear lost at sea which they recover during their fishing operations.

Amendment 27 #

Proposal for a directive
Recital 18

Amendment 28 #

Proposal for a directive
Recital 18 a (new)

(18a) To promote the delivery of passively fished waste collected in nets during normal fishing operations, Member States should cover the costs associated with its collection in port reception facilities and subsequent management, with revenues generated by alternative income sources.

Amendment 29 #

Proposal for a directive
Recital 19

(19) The ‘Green Ship’ concept should be ~~further develop~~implemented in relation to waste management. Minimum requirements should be established across the Union, so that an effective reward system can be implemented for those vessels that reduce their waste on board, in line with best practices and the 2017 IMO guidelines for the implementation of Annex V of the MARPOL Convention.

Amendment 30 #

Proposal for a directive
Recital 21 a (new)

(21a) Plastic fishing gear has a high recycling potential, in particular when designed properly. Therefore, in line with the polluter pays principle, extended producer responsibility schemes should be established to finance sound waste management of fishing gear and components and to achieve high collection rates.

Amendment 31 #

Proposal for a directive
Recital 32 a (new)

(32a) Given the situation in the Outermost Regions, recognised under Article 349 of the Treaty on the Functioning of the European Union, Member States must be able to adopt specific funding measures so that they can ensure the availability of adequate reception facilities.

Amendment 32 #

Proposal for a directive
Article 2 – paragraph 1 – point a a (new)

(aa) ‘fixed or floating platform’: means any fixed or floating platform, including drilling rigs, floating production, storage and offloading facilities used for the offshore production and storage of oil, and floating nets used for the offshore storage of oil produced;

Amendment 33 #

Proposal for a directive
Article 2 – paragraph 1 – point c

(c) ‘waste from ships’ means all waste, including cargo residues, which is generated during the service of a ship or during loading, unloading and cleaning operations, ~~or waste that is collected in nets during fishing operations,~~ and falls under the scope of Annexes I, II, IV, V and VI to MARPOL; (ca) ‘waste from fishing vessels’ means all waste which is generated during the service of a fishing vessel or during loading, unloading and cleaning operations, and falls directly and individually under the scope of Annexes I, II, IV, V and VI to MARPOL, but excluding fresh or non-fresh whole fish from fishing activities conducted during the trip or from aquaculture activities; (cb) ‘passively collected waste’ means waste that is collected in nets during fishing operations; (cc) ‘actively collected waste’ means waste collected during non-fishing trips intended for the sole purpose of collecting waste at sea or waste collected during trips on which no fishing operations are conducted.

Amendment 34 #

Proposal for a directive
Article 2 – paragraph 1 – point c

(c) ‘waste from ships’ means all waste, including cargo residues, which is generated during the service of a ship, a fixed or floating platform, or during loading, unloading and cleaning operations, or waste that is collected in nets during fishing operations, and falls under the scope of Annexes I, II, IV, V and VI to MARPOL;

Amendment 35 #

Proposal for a directive
Article 2 – paragraph 1 – point f a (new)

(fa) ‘fishing trip’ means any voyage of a fishing vessel during which fishing activities are conducted, starting at the moment when the fishing vessel leaves port and ending on arrival in the port of departure or another port where unloading is carried out;

Amendment 36 #

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. Member States shall establish extended producer responsibility schemes for fishing gear and fishing gear components that meet the minimum requirements as set out in Article 8a of Directive 2008/98/EC and includes modulated financial contributions that encourage the placing on the market of fishing gear designed to promote recycling;

Amendment 37 #

Proposal for a directive
Article 4 – paragraph 4 a (new)

4a. Given the situation in the Outermost Regions, recognised under Article 349 of the Treaty on the Functioning of the European Union, Member States shall be able to adopt specific funding measures so that they can ensure the availability of adequate reception facilities.

Amendment 38 #

Proposal for a directive
Article 6 a (new)

Article 6 a Reporting on Losses of Fishing Gear 1. Member States shall ensure the information reported according to Article 48 of Regulation (EC) No 1224/2009 is included in the Union Maritime Information and Exchange System (SafeSeaNet), referred to in Article22a(3) and Annex III of Directive 2002/59/EC, and shall submit a biennial report to the Commission by 31 December [two years following date of adoption] and every two years thereafter. 2. The Commission shall collect and aggregate, on the basis of the reporting by fishing vessels and biennial reports from Member States and other sources, information on losses of fishing gear in the Union and publish a biennial report by 30 June [two years following date of adoption] and every two years thereafter. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 19 to determine the format for reporting and biennial reports referred to in this article.

Amendment 39 #

Proposal for a directive
Article 6 b (new)

Article 6 b Retrieval of Lost Fishing Gear 1. A fishing vessel shall ensure its fishing gear is marked with identifiers to ensure traceability, and shall have equipment on board to retrieve any lost gear. 2. The master of the fishing vessel shall ensure that all reasonable precautions have been taken to prevent the loss of fishing gear and, in the instance fishing gear is lost, shall attempt to retrieve it as soon as possible. 3. If the lost gear cannot be retrieved, the master of the vessel shall report its loss in accordance to Article 48 of Regulation (EC) No 1224/2009. 4. In order to ensure uniform implementation, implementing powers shall be conferred on the Commission to define all reasonable precautions that must be taken to prevent the loss of fishing gear and the actions that must be attempted to retrieve it before declaring an accidental loss. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 20(2).

Amendment 40 #

Ulrike RODUST

Proposal for a directive
Article 7 – paragraph 3 a (new)

3a. If the lost fishing gear cannot be recovered, the ship’s captain shall enter information about it in the logbook. The competent authority of the flag Member State shall inform the competent authority of the coastal Member State. Information on the lost fishing gear shall be collected and recorded by the Member States and transmitted annually to the Commission.

Amendment 41 #

Proposal for a directive
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 waste collected actively or passively by fishing vessels shall be exempt from the application of the direct fee regime laid down in this Directive, in order to ensure a right of delivery without any additional direct charges. Measures financed at national or regional level may be laid down in the management plans with a view to reducing costs and incentivising fishermen.

Amendment 42 #

Amendment 43 #

Proposal for a directive
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;

Amendment 44 #

Proposal for a directive
Article 8 – paragraph 2 – point c

Amendment 45 #

Proposal for a directive
Article 8 – paragraph 2 – point c a (new)

(ca) in order to avoid the costs of collection in port reception facilities and subsequent treatment of passively fished waste being borne by port users, Member States shall cover those costs entirely from the revenues generated by alternative income sources listed in Annex 4;

Amendment 46 #

Proposal for a directive
Article 8 – paragraph 4

4. The fees may be differentiated with respect to, inter alia, the category, type and size of the ship and the type of traffic the ship is engaged in, as well as with respect to services provided outside normal operating hours in the port. Fishermen who undertake to return all waste caught at sea, including lost fishing gear, should be exempt from the fees.

Amendment 47 #

Proposal for a directive
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~~or manages its waste in a sustainable and environmentally sound manner through an on-board waste separation system in accordance with the management plans laid down by the national or regional authorities. 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 48 #

Proposal for a directive
Article 8 – paragraph 5 a (new)

5a. The accidental collection of waste by fishing vessels shall be excluded from the cost recovery system.

Amendment 49 #

Proposal for a directive
Article 8 – paragraph 5 b (new)

5b. Fishing vessels and recreational craft approved for a maximum of 6 passengers, given the reduced quantity and the particular nature of the waste produced by said boats, shall be subject to an indirect, reduced fee including, for fishing vessels, the voluntary disposal of nets no longer in use.

Amendment 50 #

1a. Member States may also exempt fishing vessels from port fees if fishermen have undertaken to bring back all waste caught at sea, including lost fishing gear;

Amendment 51 #

Proposal for a directive
Article 9 a (new)

Article 9 a 1. Member States shall ensure that all ports providing reception for fishing vessels, with the exception of remote ports or those with only a small number of fishing vessels, establish fishing-for-litter initiatives to encourage the collection and measurement of passively fished waste from normal fishing activities. 2. Such schemes should be set up in accordance with the guidelines laid out in OSPAR Recommendation 2016/1 on the reduction of marine litter through the implementation of fishing for litter initiatives. 3. Member States may establish and maintain a national fund to support the collection of passively fished waste from fishing vessels. The fund can be used to ensure the functioning of fishing-for-litter initiatives, including the provision of dedicated on-board waste storage facilities, the monitoring of passively fished waste, education and promotion of voluntary participation in the initiative, costs of waste treatment and to cover the costs of personnel required for the functioning of such schemes. 4. Member States must ensure that data on the quantities of passively fished waste collected is collated and stored in a national or regional database for the purposes of monitoring and evaluation. Member States shall inform the Commission on the establishment of their national funds to the Commission by 31 December [two years after adoption], and shall submit biannual reports every two years thereafter on the activities funded under this article.

Amendment 52 #

Proposal for a directive
Article 9 a (new)

Article 9 a Extended Producer Responsibility Member States shall establish extended producer responsibility schemes for fishing gear and fishing gear components. In addition to the minimum requirements set out in Article 8a of Directive 2008/98/EC, these schemes shall include a modulated fee to encourage the placing on the market of fishing gear designed and prepared for re-use and recycling.

Amendment 53 #

Proposal for a directive
Annex IV – subheading 1

Categories of costs ~~for~~and net revenues related to the operation and administration of PRF

Amendment 54 #

Proposal for a directive
Annex IV a (new)

Net revenues Net proceeds from waste management schemes and national/regional funding, including the revenue elements listed below. – Net financial benefits provided by extended producer responsibility schemes. – Other net revenues from waste management such as recycling schemes. – Funding under the European Maritime and Fisheries Fund. –Other funding or subsidies available to ports for waste management and fisheries.

source: 623.909

2018/06/29 ENVI 107 amendments...

Amendment 100 #

Proposal for a directive
Article 8 – paragraph 2 – point c

Amendment 101 #

Proposal for a directive
Article 8 – paragraph 2 – point c a (new)

(ca) in order to ensure that collection and treatment costs for passively fished waste will not have to be borne by port users, Member States shall cover those costs entirely out of revenue generated by alternative financing systems, including waste management schemes, the proceeds of EPR schemes, and available European national, and regional funding.

Amendment 102 #

Proposal for a directive
Article 8 – paragraph 2 – point d a (new)

(da) the fee shall include a contribution on all ships toward a national fund, established and maintained in accordance with Article 9a to support projects for the collection and treatment of passively fished waste from fishing vessels (fishing- for-litter initiatives);

Amendment 103 #

Proposal for a directive
Article 8 – paragraph 2 – point d a (new)

(da) part of the fee shall include a contribution to a national fund to support fishing-for-litter schemes, including adequate infrastructure in the port facilities;

Amendment 104 #

Proposal for a directive
Article 8 – paragraph 2 – point d b (new)

(db) in order to provide maximum disincentive for the discharge at sea of waste as defined in Annex V to the MARPOL Convention, a fee shall be collected from ships that cannot provide proof of delivery at the last port of call, unless exempted under Article 9 of this Directive;

Amendment 105 #

Proposal for a directive
Article 8 – paragraph 5

5. The fees ~~shall~~may 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 criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on-board waste management.

Amendment 106 #

Proposal for a directive
Article 8 – paragraph 5

Amendment 107 #

Proposal for a directive
Article 8 – paragraph 5

Amendment 108 #

Proposal for a directive
Article 8 – paragraph 5

5. The fees shall be reduced if the ship’s design, equipment, procurement 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 and, in the case of fishing vessels, if the fishing vessel has equipment on board to retrieve lost gear and it can be demonstrated that all reasonable precautions are systematically undertaken to prevent such losses during operation. Reductions in fees for waste as defined in Annex V to the MARPOL Convention shall meet the minimum requirements in Annex 4a to this Directive. 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. and the requirements on fishing vessels to undertake all reasonable precautions and to add additional requirements to Annex 4a to this Directive.

Amendment 109 #

Proposal for a directive
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. Fees for a fishing vessel shall also be reduced where, in addition, it can demonstrate that all reasonable precautionary steps have been taken to prevent losses of fishing gear during operations. 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 and all reasonable precautionary steps are taken by fishing vessels.

Amendment 110 #

Nicola CAPUTO, Renata BRIANO, Damiano ZOFFOLI

Proposal for a directive
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 111 #

Proposal for a directive
Article 8 – paragraph 5 a (new)

5a. The delivery of accidentally fished waste shall be excluded from the cost recovery system and shall not result in additional costs on fishing vessels.

Amendment 112 #

Proposal for a directive
Article 8 a (new)

Article 8 a Fishing for litter initiatives 1. Member States shall establish and maintain a fund to support the collection of passively fished waste from fishing vessels and provide appropriate port facilities. 2. Member States shall inform the Commission of the establishment of their national funds by 31 December ... [two years after adoption], and shall submit reports every two years thereafter on the activities and projects funded under this Article. These reports shall be publicly available.

Amendment 113 #

Proposal for a directive
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 114 #

Proposal for a directive
Article 9 – paragraph 1 – point b a (new)

(ba) the exemption does not pose a negative impact on maritime safety, health, shipboard living or working conditions or on the marine environment;

Amendment 115 #

Proposal for a directive
Article 9 a (new)

Article 9 a Extended producer responsibility In order to strengthen the re-use and the prevention, recycling and other recovery of fishing gear, Member States shall establish extended producer responsibility schemes for fishing gear with the minimum requirements set out in Article 8 of Directive 2008/98/EC, including the modulation of fees and deposit-refund systems.

Amendment 116 #

Proposal for a directive
Article 9 a (new)

Article 9 a Design of fishing gear Without prejudice to technical measures in Council Regulation (EC) No 850/98, the Commission shall request the European standardisation organisations to develop harmonised standards relating to the circular design of fishing gear to encourage preparation for re-use and facilitate recyclability at end of life.

Amendment 117 #

Proposal for a directive
Article 9 b (new)

Article 9 b Fishing-for-litter initiatives 1. Member States shall ensure that all ports providing reception for fishing vessels, with the exception of remote ports or those with only a small number of fishing vessels, establish fishing-for-litter initiatives to encourage the collection and measurement of passively fished waste. 2. Such schemes shall be set up in accordance with the guidelines laid out in OSPAR Recommendation 2016/1 on the reduction of marine litter through the implementation of fishing for litter initiatives. 3. Member States shall establish and maintain a national fund to support the collection of passively fished waste from fishing vessels. The fund shall be used to ensure the functioning of fishing-for-litter initiatives, including the provision of dedicated on-board waste storage facilities, the monitoring of passively fished waste, education and promotion of voluntary participation in the initiative, costs of waste treatment and to cover the costs of personnel required for the functioning of such schemes. 4. Member States shall ensure that data on the quantities of passively fished waste is collected and stored in a national or regional database and reported to the Commission. 5. Member States shall inform the Commission of the establishment of their national funds by 31 December ... [two years after adoption], and shall submit reports every three years thereafter on the activities funded under this article.

Amendment 118 #

Proposal for a directive
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 119 #

Proposal for a directive
Article 12 – paragraph 1 – introductory part

1. As regards inspections of ships falling outside the scope of Directive 2009/16/EC, Member States shall ensure that inspections are carried out of at least 20 % of the total number of the individual vessels per year for each category listed below:

Amendment 120 #

Proposal for a directive
Article 12 – paragraph 1 a (new)

1a. 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, ensuring that inspections are carried out on at least 20 % of the total number of individual fishing vessels and recreational craft calling in the relevant Member State annually.

Amendment 121 #

Proposal for a directive
Article 12 – paragraph 2

2. The results of the inspections referred to in paragraph 1 and 2 shall be recorded in the part of the information, monitoring and enforcement system referred to in Article 15 of this Directive.

Amendment 122 #

Proposal for a directive
Article 12 – paragraph 3

Amendment 123 #

Proposal for a directive
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 124 #

Proposal for a directive
Article 14 – paragraph 2 – point d a (new)

(da) in the event of any losses of fishing gear, the information required in accordance with Article 48 of Regulation (EC) No 1224/2009. The Commission is empowered to adopt delegated acts in accordance with Article 19 to supplement this Directive by determining the format for reporting by fishing vessels.

Amendment 125 #

Nils TORVALDS, Gerben-Jan GERBRANDY, Carolina PUNSET, Frédérique RIES

Proposal for a directive
Article 14 – paragraph 2 – point d a (new)

(da) information on losses of fishing gear reported under Article 48 of Council Regulation (EC) No 1224/2009.

Amendment 126 #

Proposal for a directive
Article 14 – paragraph 2 – point d a (new)

(da) information on loss of fishing gear.

Amendment 127 #

Nils TORVALDS, Gerben-Jan GERBRANDY, Carolina PUNSET, Frédérique RIES

Proposal for a directive
Article 14 – paragraph 4 a (new)

4a. The Commission shall, on the basis of the data reported to it in accordance with point (da) of paragraph 2, publish, by 31 December 2022 and every two years thereafter, a synthesis report on the loss of fishing gear.

Amendment 128 #

Proposal for a directive
Article 15 – paragraph 4

4. The Commission shall ensure that the inspection database makes it possible to retrieve any relevant data reported by the Member States for the purpose of monitoring the implementation of the Directive. The Commission shall regularly review the database to monitor the implementation of the Directive and call attention to any doubts regarding comprehensive implementation with the aim of instigating corrective action.

Amendment 129 #

Proposal for a directive
Article 16 – paragraph 1

Amendment 130 #

Nils TORVALDS, Gerben-Jan GERBRANDY, Carolina PUNSET, Frédérique RIES

Proposal for a directive
Article 17 – paragraph 1

The Commission shall provide for the organisation of exchanges of experience between the Member States’ national authorities and experts, including those from the private sector and organisations representing civil society, on the application of this Directive in Union ports.

Amendment 131 #

Proposal for a directive
Article 17 – paragraph 1 a (new)

Member States shall, no later than ... [12 months after the adoption of this Directive] and every two years thereafter report to the Commission their best practices regarding sustainable waste management on board ships and in their ports. Six months after each reporting deadline, the Commission shall prepare a report on these best practices to provide guidance for progressing towards the objectives of this Directive.

Amendment 132 #

Proposal for a directive
Article 20 a (new)

Directive 2005/35/EC
Article 2 – paragraph 1 – point 2

Article 20 a (new) Amendments to Directive 2005/35/EC Directive 2005/35/EC is amended as follows: “(1) In Article 2, point 2 is replaced by the following: 2. ‘polluting substances’ shall mean substances covered by Annexes I (oil) ~~and~~, II (noxious liquid substances in bulk) ~~to Marpol 73/78; ((https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02005L0035-20091116)(This~~ , IV (sewage), V (garbage) and VI (air pollution-related residues) to Marpol 73/78 in its up-to-date version;” Or. en amendment replaces amendment 22 by the rapporteur. Linked to the new amendment of Article 20a (new) proposing to modify the definition of polluting substances in the Ship- Source Pollution Directive.))

Amendment 133 #

Proposal for a directive
Article 20 b (new)

Directive 2005/35/EC
Article 5 – paragraph 1

Article 20 b (new) (2) In Article 5, paragraph1 is replaced by the following: “1. A discharge of polluting substances into any of the areas referred to in Article 3(1) shall not be regarded as an infringement, if it satisfies the conditions set out in Annex I, Regulations 15, 34, 4,1 or 4,3, or in Annex II, Regulations 13, 3.1.1 or 3.1.3 ~~of Marpol 73/78. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02005L0035-20091116)(This~~ , in Annex IV, Regulations 3 and 11, in Annex V, Regulations 4, 5, 6 or 7, or in Annex VI, Regulation 3, of Marpol 73/78 in its up-to-date version.” Or. en amendment replaces amendment 23 by the rapporteur. Linked to the new amendment of Article 20a (new) proposing to modify the definition of polluting substances in the Ship- Source Pollution Directive.))

Amendment 134 #

Proposal for a directive
Article 20 c (new)

Directive 2005/35/EC
Article 5 – paragraph 2

Article 20 c (new) (3) In Article 5, paragraph 2 is replaced by the following: ““2. A discharge of polluting substances into the areas referred to in Article 3(1)(c), (d) and (e) shall not be regarded as an infringement for the owner, the master or the crew, if it satisfies the conditions set out in Annex I, Regulation 4,2 or, in Annex II, Regulation 3.1.2 of Marpol 73/78. ((https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02005L0035-20091116)(This is replacing amendment 24 by the rapporteur. Linked to the amendment of Article 20a (new) proposing to modify the defini, in Annex IV, Regulations 3 and 11, in Annex V, Regulations 4, 5, 6 or 7, or in Annex VI, Regulation 3, of ~~polluting substances in the Ship-Source Pollution~~Marpol 73/78 in its up to- date version.”“ Or. en Directive.))

Amendment 135 #

Proposal for a directive
Annex IV a (new)

Fees for waste as defined in Annex V to the MARPOL Convention shall only be reduced where, pursuant to a garbage management plan, at least the following minimum requirements are met: (a) when making supply and provisioning arrangements, procurement of products that decrease the amount of garbage by: - using supplies that come in bulk packaging, taking into account factors such as adequate shelf-life (once a container is open) to avoid increasing garbage associated with such products; - using supplies that come in reusable or recyclable packaging and containers; avoiding the use of disposable cups, utensils, dishes, towels and rags and other convenience items whenever possible; - avoiding supplies that are packaged in plastic, unless a reusable or recyclable plastic is used; (b) when stowing and securing of cargo or protection of cargo from the weather, selection of materials that decrease the amount of garbage by: - using permanent reusable coverings for cargo protection instead of disposable or recyclable plastic sheeting; - using stowage systems and methods that reuse dunnage, shoring, lining and packing materials; and - discharging to port reception facilities the dunnage, lining and packaging materials generated in port during cargo activities as their discharge to the sea is not permitted; (c) passenger awareness-raising programmes and source separation and collection on board, including distinctively marked garbage receptacles to receive and separate garbage as it is generated; and (d) crew training and protocols to limit the accidental or deliberate discharges of waste. Fishing vessels shall meet the following additional minimum requirements: (a) equipment on board to retrieve lost fishing gear; (b) procurement of fishing gear and components designed to promote preparation for reuse and recycling; (c) reporting of losses of fishing gear in accordance with Article 48 of Regulation (EC) No 1224/2009; (d) crew training on all reasonable precautions to be taken to prevent accidental losses of fishing gear, including retrieval operations; and (e) delivery of waste collected in nets during fishing operations.

Amendment 29 #

Proposal for a directive
Recital 1

(1) The Unionʼs maritime policy is aimed at a high level of safety and environmental protection. This can be achieved through compliance with international conventions, codes and resolutions while maintaining the freedom of navigation as provided for by the United Nations Convention on the Law of the Sea (UNCLOS). As regards environmental protection, including the prevention of pollution from ships, this aim is, in practice, not being fully realised.

Amendment 30 #

Proposal for a directive
Recital 7

(7) In spite of these regulatory developments, discharges of waste at sea still occur. T~~his is due to a combination of factors, namely adequate port reception facilities are not always available in ports, enforcement is often insufficient and there is a lack of~~o adhere to the polluter-pays- principle in this context, enforcement of existing regulation should be further improved, also by bettering monitoring of discharges of waste at sea through the use of advanced technologies. However, full monitoring will never be achieved and a need to increase incentives to deliver the waste onshore remains.

Amendment 31 #

Proposal for a directive
Recital 7

(7) In spite of these regulatory developments, discharges of waste at sea still occur at huge environmental, social and economic cost. This is due to a combination of factors, namely adequate port reception facilities are not always available in ports, enforcement is often insufficient and there is a lack of incentives to deliver the waste onshore.

Amendment 32 #

Proposal for a directive
Recital 7 a (new)

(7a) In spite of improvements, food waste namely on cruise ships can still be high. Practices for food waste management remain an area calling for the development of separate collection and reuse practices;

Amendment 33 #

Proposal for a directive
Recital 8

(8) Under Directive 2000/59/EC, all ships calling at European ports already have to contribute to the costs of port reception facilities irrespective of actual use of facilities. As such, Directive 2000/59/EC has contributed to increasing volumes of waste being delivered to port reception facilities since its entry into force, and ~~as such~~ has been instrumental in reducing waste discharges at sea, as was revealed in the REFIT Evaluation of the Directive.

Amendment 34 #

Proposal for a directive
Recital 8

(8) Directive 2000/59/EC has contributed to increasing volumes of waste being delivered to port reception facilities since its entry into force, and as such has been instrumental in reducing waste discharges at sea, as was revealed in the REFIT Evaluation of the Directive; European law has in that way added to marine pollution.

Amendment 35 #

Proposal for a directive
Recital 9

(9) The REFIT Evaluation has also demonstrated that Directive 2000/59/EC has not been fully effective due to inconsistencies with the MARPOL framework. In addition, Member States have developed different interpretations of the key concepts in the Directive, such as adequacy of the facilities, advance waste notification and the mandatory delivery of waste to port reception facilities, and exemptions for ships in scheduled traffic. The evaluation called for more harmonisation of those concepts and further alignment with the MARPOL Convention in order to avoid unnecessary administrative burden on both ports and port users. Full alignment of the delivery obligation with the discharge rules laid down in the MARPOL Convention is necessary.

Amendment 36 #

Proposal for a directive
Recital 12

(12) Separate collection of waste from ships, including derelict fishing gear, is necessary to ensure its further recovery for reuse or recycling in the downstream waste management chain and to prevent it causing damage to marine animals and environments. 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.

Amendment 37 #

Proposal for a directive
Recital 12

(12) Separate collection of waste from ships, including derelict fishing gear, 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, a damaging mismatch compared with the efforts being made by those in charge of fishing gear.

Amendment 38 #

Proposal for a directive
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 39 #

Proposal for a directive
Recital 12 a (new)

(12a) Separate collection of waste such as food waste, lubricants and fuel oil, should be further developed with the specific purpose of enabling their reuse in accordance with circular economy principles.

Amendment 40 #

Proposal for a directive
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, going directly into the sea, just when the plastics contaminating the oceans are posing a major environmental problem.

Amendment 41 #

Damiano ZOFFOLI, Massimo PAOLUCCI

Proposal for a directive
Recital 13

Amendment 42 #

Proposal for a directive
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, going directly into the sea. Specifically, plastics make up 85% of marine litter, but 27% is accounted for by fishing gear, equivalent to 11 000 tonnes a year.

Amendment 43 #

Nils TORVALDS, Gerben-Jan GERBRANDY, Carolina PUNSET, Frédérique RIES

Proposal for a directive
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, going directly into the sea. The European Commission estimates that fishing gear containing plastics accounts for 27 % of marine litter items found on European beaches.

Amendment 44 #

Proposal for a directive
Recital 13 a (new)

(13a) Directive 2008/98/EC lays down waste prevention measures that Member States should take in order to prevent waste generation. These measures should include the aim to halt the generation of marine litter to contribute towards the UN Sustainable Development Goal to prevent and significantly reduce marine pollution of all kinds.

Amendment 45 #

Nicola CAPUTO, Renata BRIANO, Damiano ZOFFOLI

Proposal for a directive
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 46 #

Proposal for a directive
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. The ~~fishing and recreational sector, given their contribution to the occurrence of marine litter, should also be included in this system~~delivery of accidentally fished waste should be excluded from the cost recovery system and should not result in additional costs on fishing vessels.

Amendment 47 #

Damiano ZOFFOLI, Renata BRIANO

(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 48 #

Annie SCHREIJER-PIERIK

Proposal for a directive
Recital 18 a (new)

(18a) In certain Member States, schemes have been setup to provide financing for fishermen for the costs that they might incur as a result of delivering fishing gear waste or actively and passively fished waste ashore. Those schemes could be supported by extended producer responsibility schemes, which could complement the cost recovery systems set up in accordance with this Directive. As such, those cost recovery systems should not create a disincentive for fishing vessels and port communities to participate in existing delivery schemes for actively and passively fished waste.

Amendment 49 #

Proposal for a directive
Recital 18 a (new)

(18a) To address the problem of marine litter effectively, Member States should, in addition, endeavour to devise strategies and plans to reduce the instances of fishing gear abandoned at sea and to that end should make use of, for example, grants under the European Maritime and Fisheries Fund (EMFF), as well as drawing on the support of the Structural Funds and European territorial cooperation (ETC) and the necessary active involvement of the regions. New governance tools and good practices should likewise be encouraged, such as those being considered in Adriatic-based projects co-financed with ETC funding, another possibility being to have fishing fleets play a new role as Sea Sentinels.

Amendment 50 #

Proposal for a directive
Recital 18 a (new)

(18a) Fishermen could play a major role, in particular by collecting waste from the sea while they fish and bringing it back to port to undergo proper waste management. Member States should encourage this activity and cover treatment costs using alternative sources of financing. Expenses of this kind stemming from passively fished waste should not be borne by port users.

Amendment 51 #

Proposal for a directive
Recital 19

(19) ~~The ‘Green Ship’ concept should be further developed in relation to waste management, so that an effective reward system can be implemented for those vessels that reduce their waste on boar~~Voluntary application of reduced fees for vessels that demonstrate good waste management practices beyond the required standards which result in the generation of reduced quantities of waste should be encouraged.

Amendment 52 #

Proposal for a directive
Recital 19

(19) ~~The ‘Green Ship’ concept should be further developed in relation to waste management, so that an effective reward system can be implemented for those vessels that reduce their waste on boar~~Voluntary application of reduced fees for vessels that demonstrate good waste management practices beyond the required standards, which result in the generation of reduced quantities of waste, should be welcomed.

Amendment 53 #

Proposal for a directive
Recital 19

(19) ~~The ‘Green Ship’ concept should be further developed in relation to waste management, so that an effective reward system can be implemented for those vessels~~Voluntary application of reduced fees for vessels that demonstrate good waste management practices beyond the required standards, resulting in thate reduc~~e their waste on board~~tion of waste, can serve as an effective reward system.

Amendment 54 #

Nils TORVALDS, Gerben-Jan GERBRANDY, Carolina PUNSET, Frédérique RIES

Proposal for a directive
Recital 19

(19) The ‘Green Ship’ concept should be fu~~rther~~lly 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 55 #

Proposal for a directive
Recital 19

Amendment 56 #

Proposal for a directive
Recital 19

(19) The ‘Green Ship’ concept should be further developed and fully implemented in relation to waste management, so that an effective reward system can be implemented for those vessels that reduce their waste on board.

Amendment 57 #

Proposal for a directive
Recital 20 a (new)

(20a) This should however not apply to cargo that is not easily recovered, like high viscosity persistent floating substances such as paraffin. These substances may have low economic value and therefore run the risk of being washed out on the seas, if not appropriately washed out at port reception facilities without additional cost.

Amendment 58 #

Proposal for a directive
Recital 21 a (new)

(21a) Given the current linear life-cycle of fishing gear in spite of existing legal requirements, the polluter pays principle suggests that extended producer responsibility schemes should be part of the solution of tackling marine litter, by encouraging smart design with high recycling potential and by actively collecting discarded fishing gear at sea.

Amendment 59 #

Proposal for a directive
Recital 21 b (new)

(21b) Fishing for litter schemes should be financially supported by Member States so that waste that is already in the sea has a route to becoming recycled or discarded properly without any burden placed on fishermen.

Amendment 60 #

(22a) In order to improve maritime safety and enhance protection of the marine environment, Directive 2005/35/EC of the European Parliament and of the Council 1a should be amended to also address ship-source pollution by waste as defined in Annexes IV to VI to the MARPOL Convention in Union law and ensure that persons responsible for unlawful discharges are subject to adequate penalties. _________________ 1aDirective 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences (OJ L 255, 30.9.2005, p. 11). Or. en (Replacing amendment 8 by the rapporteur.)

Amendment 61 #

Proposal for a directive
Recital 30

(30) In order to take account of developments at international level, and to promote environmentally sound waste management practices on board, the power to adopt acts in accordance with article 290 TFEU should be delegated to the Commission in respect of amending this Directive to update the references to international instruments and the Annexes and to change references to international instruments, in order to prevent, if necessary, changes to those international instruments from applying for the purposes of this Directive, and to develop common criteria for recognising ‘green ships’ for the purpose of granting a reduced waste fee to those ships. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the CouncilCommission should encourage the exchange of good practises on the development of bottom-up schemes which evaluate ’green ships’ for the purpose of granting a reduced waste fee to those ships.

Amendment 62 #

Proposal for a directive
Recital 30

(30) In order to take account of developments at international level, and to promote environmentally sound waste management practices on board, the power to adopt acts in accordance with article 290 TFEU should be delegated to the Commission in respect of amending this Directive to update the references to international instruments and the Annexes and to change references to international instruments, in order to prevent, if necessary, changes to those international instruments from applying for the purposes of this Directive, and to develop common criteria for recognising ‘green ships’ for the purpose of granting a reduced waste fee to those ships. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the CouncilCommission should encourage the exchange of good practices on the development of bottom-up schemes for the purpose of voluntarily granting a reduced waste fee to those ships.

Amendment 63 #

Proposal for a directive
Recital 30

(30) In order to take account of developments at international level, and to promote environmentally sound waste management practices on board, the power to adopt acts in accordance with article 290 TFEU should be delegated to the Commission in respect of amending this Directive to update the references to international instruments and the Annexes and to change references to international instruments, in order to prevent, if necessary, changes to those international instruments from applying for the purposes of this Directive, and to develop common criteria forCommission should facilitate the development of bottom-up schemes based on the exchange of best practices and with a view to recognising ‘green ships’ for the purpose of granting a reduced waste fee to those ships. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. ~~The Commission when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.~~

Amendment 64 #

Proposal for a directive
Recital 31

(31) Since the Directiveʼs objective of protection of the marine environment from discharges of waste at sea cannot be sufficiently achieved by Member States unilaterally but rather, by reason of the scale of action, can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that article, this Directive does not go beyond what is necessary in order to achieve those objectives.deleted

Amendment 65 #

Nils TORVALDS, Gerben-Jan GERBRANDY, Carolina PUNSET, Frédérique RIES

Proposal for a directive
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 66 #

Proposal for a directive
Article 2 – paragraph 1 – point c

(c) ‘waste from ships’ means all waste, including cargo residues, which is generated during the service of a ship or during loading, unloading ~~and~~, cleaning and ship repair operations, or waste that is collected in nets during fishing operations, and which falls under the scope of Annexes I, II, IV, V and VI to MARPOL;

Amendment 67 #

Nils TORVALDS, Gerben-Jan GERBRANDY, Carolina PUNSET, Frédérique RIES

Proposal for a directive
Article 2 – paragraph 1 – point c a (new)

(ca) ‘passively fished waste’ means waste collected in nets during fishing operations;

Amendment 68 #

Proposal for a directive
Article 2 – paragraph 1 – point d

(d) ‘cargo residues’ means the remnants of any cargo material on board which remain on the deck or, in holds or tanks following loading and unloading, including loading and unloading excess or spillage, whether in wet or dry condition or entrained in wash-water, excluding cargo dust remaining on the deck after sweeping or dust of the external surfaces of the ship;

Amendment 69 #

Nils TORVALDS, Gerben-Jan GERBRANDY, Carolina PUNSET, Frédérique RIES

Proposal for a directive
Article 2 – paragraph 1 – point d a (new)

(da) ‘ballast water management’ means mechanical, physical, chemical or biological processes to remove, render harmless or avoid the uptake or discharge of harmful aquatic organisms and pathogens within ballast water (water with its suspended matter taken on board a ship to control trim, list, draught, stability or stresses of the ship) and sediments (matter settled out of ballast water within a ship);

Amendment 70 #

Proposal for a directive
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)

(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 #

Nils TORVALDS, Gerben-Jan GERBRANDY, Carolina PUNSET, Frédérique RIES

Proposal for a directive
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 73 #

Proposal for a directive
Article 2 – paragraph 1 – point l

(l) ‘sufficient storage capacity’ means enough ~~capacity to store the waste~~dedicated capacity for each type of waste to be stored 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 74 #

Nils TORVALDS, Gerben-Jan GERBRANDY, Carolina PUNSET, Frédérique RIES

Proposal for a directive
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 75 #

Proposal for a directive
Article 4 – paragraph 2 – point a a (new)

(aa) The ports and terminals where cleaning or repair of ballast tanks occurs have adequate port reception facilities for the reception of sediments;

Amendment 76 #

Proposal for a directive
Article 4 – paragraph 2 – point c

(c) The port reception facilities allow for the management of the ship’s waste and its separate collection for reuse and recycling in an environmentally appropriate way in accordance with the requirements of Directive 2008/98/EC and other relevant Union legislation on waste. To this end, the Member States shall provide for separate collection for reuse and recycling of waste from ships in ports as required in Union waste legislation, in particular Directive 2008/98/EC, Directive 2012/19/EU and Directive 2006/66/EC. Point (c) shall apply without prejudice to the more stringent requirements imposed by Regulation (EC) 1069/2009 for the management of catering waste from international transport.

Amendment 77 #

Proposal for a directive
Article 4 – paragraph 2 – point c

(c) The port reception facilities allow for the management of the ship’s waste in an environmentally appropriate way in accordance with the requirements of Directive 2008/98/EC and other relevant Union legislation on waste. To this end, the Member States shall provide for separate collection of waste from ships in ports as required in Union waste legislation, in particular Directive 2008/98/EC, Directive 94/62/EC, Directive 2012/19/EU and Directive 2006/66/EC. Point (c) shall apply without prejudice to the more stringent requirements imposed by Regulation (EC) No 1069/2009 for the management of catering waste from international transport.

Amendment 78 #

Proposal for a directive
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 79 #

Proposal for a directive
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~~cluding with port users or their representatives and civil society. 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.

Amendment 80 #

Nils TORVALDS, Gerben-Jan GERBRANDY, Carolina PUNSET, Frédérique RIES

Proposal for a directive
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 81 #

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – introductory part

Member States shall ensure that the following information from the waste reception and handling plans on the availability of adequate reception facilities in their ports and the ~~associated~~structure of the costs shall be clearly communicated to the ship operators and made publicly available and easily accessible, also in English, either via the website of the ports or in printed form:

Amendment 82 #

Proposal for a directive
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 ~~thre~~five 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 #

Nils TORVALDS, Gerben-Jan GERBRANDY, Carolina PUNSET, Frédérique RIES

Proposal for a directive
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 84 #

Proposal for a directive
Article 7 – paragraph 1

1. The master of a ship calling at a Union port shall, before leaving the port, deliver all the waste carried on board of the ship to a port reception facility in accordance with the relevant discharge norms laid down in the MARPOL Convention. That requirement shall also apply to ballast water management, in accordance with the International Convention of 13 February 2004 of the IMO for the Control and Management of Ships’ Ballast Water and Sediments (Ballast Water Management Convention).

Amendment 85 #

Nils TORVALDS, Gerben-Jan GERBRANDY, Carolina PUNSET, Frédérique RIES

Proposal for a directive
Article 7 – paragraph 2 a (new)

2a. In accordance with Article 48 of Regulation (EC) No 1224/2009, the master of a fishing vessel calling at a Union port shall report to the competent authority of its flag Member State any losses of fishing gear within 24 hours. The Commission is empowered to adopt delegated acts in accordance with Article 19 to supplement this Directive by determining the format for reporting by fishing vessels.

Amendment 86 #

Proposal for a directive
Article 7 – paragraph 3 a (new)

3a. The master of a fishing vessel calling at a Union port shall report within 24 hours to the competent authority of its flag Member State any loss of fishing gear in accordance with Article 48 of Regulation (EC) No 1224/2009. The Commission is empowered to adopt delegated acts in accordance with Article 19 to supplement this Directive by determining the format for reporting.

Amendment 87 #

Nils TORVALDS, Gerben-Jan GERBRANDY, Carolina PUNSET, Frédérique RIES

Proposal for a directive
Article 7 – paragraph 5 – point b

(b) the information provided in accordance with Annexes 2 and 3 shows that there is sufficient dedicated storage capacity for all waste that has been accumulated and will be accumulated during the intended voyage of the ship until the next port of call. Regardless of sufficient dedicated storage capacity, waste as defined in Annex V to the MARPOL Convention not including cargo residues, shall be delivered to port reception facilities before proceeding to the next port of call with the exception of minor amounts of waste.

Amendment 88 #

Proposal for a directive
Article 7 – paragraph 7

7. If, on the ~~next port of call is located outside the Union, or there are good reasons to believe~~basis of the available information, including information electronically available in the information, monitoring and enforcement system referred to in Article 14 of this Directive or in GISIS, 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 all its waste before departure.

Amendment 89 #

Proposal for a directive
Article 7 – paragraph 8 a (new)

8a. The master of a fixed or floating platform shall ensure that its waste is delivered to a port reception facility at regular intervals in accordance with the MARPOL Convention. Or. en (This amendment is replacing amendment 15 by the rapporteur.)

Amendment 90 #

Proposal for a directive
Article 7 a (new)

Article 7 a Prevention of lost fishing gear 1. The master of a ship calling at a port in a Member State engaged in fishing operations shall ensure that all reasonable precautions are taken to prevent the loss of fishing gear. 2. The Commission is empowered to adopt delegated acts in accordance with Article 19 to supplement this Directive by defining all reasonable precautions to be taken to prevent the loss of fishing gear.

Amendment 91 #

Proposal for a directive
Article 7 a (new)

Article 7 a The master of a ship calling at a Union port shall, before leaving the port, apply prewash procedures for high-viscosity persistent floating substances, including paraffin, in accordance with Annex II to the MARPOL Convention and discharge any residues or water mixtures at the port of unloading until the tank is empty and discharge pipes are free from residues.

Amendment 92 #

Proposal for a directive
Article 7 b (new)

Article 7 b 1. Member States shall ensure extended producer responsibility schemes are established for fishing gear and components placed on the Union market, in accordance with Articles 8 and 8a of Directive 2008/98/EC, including modulated financial contributions that promote the placing on the market of fishing gear designed for reuse and recycling. With regard to the schemes established pursuant to this paragraph, the producers of fishing gear shall cover the costs of the collection of waste fishing gear that has been delivered to adequate port reception facilities in accordance with Union law or to other equivalent collection systems and its subsequent transport and treatment. 2. The schemes set up shall include additional incentive mechanisms to deliver used fishing gear or waste fishing gear to adequate port reception facilities, such as deposit and refund schemes. 3. Member States shall ensure that users of fishing gear are given information on: (a) the available reuse systems and waste management options as well as on best practices in sound waste management carried out in accordance with Article 13 of Directive 2008/98/EC; and (b) the impact of littering and other inappropriate disposal of waste on the environment, in particular, the marine environment.

Amendment 93 #

Proposal for a directive
Article 7 b (new)

Article 7 b Circularity of fishing gear The Commission shall request the European standardisation organisations to develop harmonised standards to ensure the circular design of fishing gear, in particular with respect to preparation for re-use and recyclability, without prejudice to Council Regulation (EC) No 850/98.

Amendment 94 #

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall ensure that the costs of operating port reception facilities for the reception and treatment of waste from ships, other than cargo residues, with the exception of cargo residues of high- viscosity persistent floating substances, shall be covered through the collection of a fee from ships. Those costs include the elements listed in Annex 4.

Amendment 95 #

Annie SCHREIJER-PIERIK

Proposal for a directive
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 chargesthe waste actively and passively collected by fishing vessels shall be fully exempt from the application of the direct fee regime laid down in this Directive, in order to ensure a right of delivery without any additional direct charges. Further measures may be established and financed at national level to reduce costs and to provide incentives for fishermen to actively and passively collect waste;

Amendment 96 #

Nicola CAPUTO, Renata BRIANO, Damiano ZOFFOLI

Proposal for a directive
Article 8 – paragraph 2 – point c

Amendment 97 #

Proposal for a directive
Article 8 – paragraph 2 – point c

Amendment 98 #

Proposal for a directive
Article 8 – paragraph 2 – point c

Amendment 99 #

Proposal for a directive
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, and cargo residues of high- viscosity persistent floating substances, 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;

source: 623.940

2018/07/19 TRAN 243 amendments...

Amendment 100 #

Proposal for a directive
Article 2 – paragraph 1 – point k a (new)

(ka) ‘international catering waste’ means all waste food generated during international voyages, including used cooking oil originating in restaurants, catering facilities and kitchens and glass and plastics’;

Amendment 101 #

Proposal for a directive
Article 2 – paragraph 1 – point l

(l) ‘sufficient storage capacity’ means enough capacity ~~to store the was~~on board according to the ships certificates o~~n board~~r garbage management plans from the moment of departure until the next port of call, including the waste that is likely to be generated during the voyage;

Amendment 102 #

Proposal for a directive
Article 2 – paragraph 1 – point l

(l) ‘sufficient storage capacity’ means enough designated capacity to store ~~the~~each 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 103 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
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 104 #

Proposal for a directive
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 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 four months.

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)

(q) ‘treatment’ means recovery or disposal operations, including preparation prior to recovery or disposal;

Amendment 107 #

Proposal for a directive
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 ~~war~~ship~~, naval auxiliary or other ship owned or operated by a State and used, for the time be~~ involved in port services within the meaning, o~~nly on a government non-commercial basis~~f Article 1.2 of Regulation (EU) 2017/352;

Amendment 108 #

Dominique RIQUET

Proposal for a directive
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 at anchorage 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 109 #

Renaud MUSELIER, Franck PROUST, Alain CADEC

Proposal for a directive
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 110 #

Proposal for a directive
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 111 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
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, or naval auxiliary ~~or other~~ ship owned or operated by a State and used, for the time being, only on a government non- commercial basis;

Amendment 112 #

Proposal for a directive
Article 3 – paragraph 1 – point a a (new)

(aa) all fixed or floating platforms;

Amendment 113 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) all ports of the Member States normally visited by ships falling under the scope of point (a), including European ports located on inland waterways.

Amendment 114 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) all ports of the Member States normally visited by ships falling under the scope of point (a), including ports located on inland waterways.

Amendment 115 #

Proposal for a directive
Article 3 – paragraph 1 – point b a (new)

(ba) any vessel sailing on inland waterways in the EU.

Amendment 116 #

Proposal for a directive
Article 3 – paragraph 2

Member States shall take measures to ensure that, ~~where possi~~in 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 117 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ensure the availability of port reception facilities adequate to meet the need of the ships normally using the port without causing undue delay to ships. To achieve this, the competent authorities shall enable ship- owners and maritime operators to plan port calls long enough in advance for them to guarantee that their waste can be handled simply, quickly and without significantly affecting the ships' routing times;

Amendment 118 #

Proposal for a directive
Article 4 – paragraph 2 – point c

(c) The port reception facilities allow for the management of the ship’s waste in an environmentally appropriate way in accordance with the requirements of Directive 2008/98/EC and other relevant Union and national legislation on waste. To this end, the Member States shall provide for separate collection of waste from ships in ports as required in Union waste legislation, in particular Directive 2008/98/EC, Directive 2012/19/EU and Directive 2006/66/EC. Point (c) shall apply without prejudice to the more stringent requirements imposed by Regulation (EC) 1069/2009 for the management of catering waste from international transport.

Amendment 119 #

Proposal for a directive
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 120 #

Proposal for a directive
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 121 #

Izaskun BILBAO BARANDICA, Gesine MEISSNER

Proposal for a directive
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 122 #

Proposal for a directive
Article 4 – paragraph 4 a (new)

Amendment 123 #

4a. Member States shall be able to grant a two years' derogation from the obligations laid down in Article 4 for their Outermost Regions, if they consider that those Regions are not able to ensure the adequacy of port reception facilities.

Amendment 124 #

Proposal for a directive
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 125 #

Proposal for a directive
Article 5 – paragraph 1

Amendment 126 #

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – introductory part

Member States shall ensure that the following information from the waste reception and handling plans on the availability of adequate reception facilities in their ports and the associated costs shall be clearly communicated to the ship operators and made publicly available either via the website of the ports or in printed form in the official languages of the Member State that hosts the port, in English and in one other official EU language:

Amendment 127 #

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – introductory part

Member States shall ensure that the following information from the waste reception and handling plans on the availability of adequate reception facilities in their ports and the ~~associated~~structure of the costs shall be clearly communicated to the ship operators and made publicly available either via the website of the ports or in printed form:

Amendment 128 #

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a

(a) location of port reception facilities applicable to each berth, including opening hours;

Amendment 129 #

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a

(~~a) location of port reception facilities applicable to eac~~Does not affect the English bver~~th;~~sion.)

Amendment 130 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN, Maria GRAPINI

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point e

(e) description of the cost recovery systems, including the indirect fees and the basis on which they have been calculated and the waste management schemes and funds where applicable; and

Amendment 131 #

(e) description of the cost recovery systems, including the fees and the basis on which they have been calculated; and

Amendment 132 #

Proposal for a directive
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 133 #

Proposal for a directive
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 134 #

3. The waste reception and handling plans referred to in paragraph 1 may, where required for reasons of efficiency, be developed in conjunction by two ~~or more~~ neighbouring ports ~~in the same region, with the appropriate involvement~~or two ports near each other, with the involvement to the extent possible of each port, provided that the need for and availability of, reception facilities are specified for each port and at least one of the ports is able to receive an adequate amount of every type of waste.

Amendment 135 #

Proposal for a directive
Article 5 – paragraph 3

3. The waste reception and handling plans referred to in paragraph 1 may, where required for reasons of efficiency, be developed in conjunction by two or more neighbouring ports in the same geographical region, with the appropriate involvement of each port, provided that the need for and availability of, reception facilities are specified for each port.

Amendment 136 #

Proposal for a directive
Article 5 – paragraph 4

4. Member States shall evaluate and approve the waste reception and handling plan, monitor its implementation, ensure that cleaning, catering, logistics and passenger and goods traffic management employees at the ports included in the plan receive a training session or at least an information session on how the plan will work in practice and ensure its re- approval at least every ~~thre~~five 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 137 #

Proposal for a directive
Article 5 – paragraph 4

Amendment 138 #

Proposal for a directive
Article 5 – paragraph 4

Amendment 139 #

Proposal for a directive
Article 5 – paragraph 4

Amendment 140 #

Proposal for a directive
Article 5 – paragraph 4

Amendment 141 #

Proposal for a directive
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 142 #

Proposal for a directive
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 143 #

Izaskun BILBAO BARANDICA, Gesine MEISSNER

Proposal for a directive
Article 5 – paragraph 4 a (new)

4a. Small ports with up to six berths and a draught of up to 2 metres serving only unstaffed recreational crafts of less than 15 metres in length shall be exempt from the obligations laid down in this Article.

Amendment 144 #

Proposal for a directive
Article 5 – paragraph 4 a (new)

4a. Small ports may make specific plans which include a number of nearby ports.

Amendment 145 #

Proposal for a directive
Section 3 – title

Discharge and delivery of waste from ships and platforms

Amendment 146 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN, Maria GRAPINI

Proposal for a directive
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 147 #

Proposal for a directive
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 port reception facilities operators.

Amendment 148 #

Proposal for a directive
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 149 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
Article 7 – title

7 Discharge and delivery of waste from ships and platforms

Amendment 150 #

Proposal for a directive
Article 7 – title

7 Discharge and delivery of waste from ships

Amendment 151 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
Article 7 – paragraph 1

1. The master of a ship calling at a Union port shall, not discharge waste at sea before ~~lea~~arriving to the port, and shall deliver all the waste carried on board of the ship to a Union port reception facility in accordance with the relevant discharge norms laid down in the MARPOL Convention. The master of an offshore platform shall send all waste produced on the fixed or floating platform to a port reception facility at regular intervals.

Amendment 152 #

Proposal for a directive
Article 7 – paragraph 1

1. The master of a ship calling at a Union port shall, before leaving the port, deliver all the waste carried on board of the ship to a port reception facility, if the port has one, in accordance with the relevant discharge norms laid down in the MARPOL Convention.

Amendment 153 #

Proposal for a directive
Article 7 – paragraph 1 a (new)

1a. In line with the MARPOL Convention and existing EU legislation, notably Directive 2005/35/EC, discharge of plastics, including synthetic ropes, synthetic fishing nets, plastic garbage and incinerator ashes from plastic products, is prohibited, except as follows: (a) the discharge of plastics from a ship necessary for the purpose of securing the safety of a ship and those on board or saving life at sea; (b) the accidental loss of plastics resulting from damage to a ship or its equipment, provided that all reasonable precautions have been taken before and after the occurrence of the damage, to prevent or minimize the accidental loss; (c) the accidental loss of fishing gear from a ship provided that all reasonable precautions have been taken to prevent such loss; (d) the discharge of fishing gear from a ship for the protection of the marine environment or for the safety of that ship or its crew. The Commission shall be empowered by means of delegated acts in accordance with Article 19 to define all reasonable precautions to prevent accidental losses of fishing gear.

Amendment 154 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

~~Upon delivery~~Except in the case of pleasure crafts less than 24 metres in length, 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 receipt to the ship.

Amendment 155 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

~~Upon delivery, t~~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 receipt to the ship, within the first working hour following the waste collection.

Amendment 156 #

Proposal for a directive
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 157 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2

This requirement shall not apply in small unmanned ports or in 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.deleted

Amendment 158 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2

This requirement shall not apply in small ~~unmanned ports or in 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 159 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2

This requirement shall not apply in small ~~unmanned ports or in~~ports 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 160 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2

This requirement shall not apply in small unmanned ports, small ports or in 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 161 #

Proposal for a directive
Article 7 – paragraph 2 a (new)

2a. In accordance with Article 48 of Regulation (EC) No 1224/2009, the master of a fishing vessel calling at a Union port shall report to the competent authority of its flag Member State any losses of fishing gear within 24 hours. The Commission shall be empowered to adopt delegated acts in accordance with Article 19 to determine the format for reporting by fishing vessels.

Amendment 162 #

Proposal for a directive
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 163 #

Proposal for a directive
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 164 #

Proposal for a directive
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 165 #

Miltiadis KYRKOS

Proposal for a directive
Article 7 – paragraph 5 – point a

~~(a) the ship only calls at anchorage for less than 24 hours or under adverse weather conditions;~~deleted

Amendment 166 #

Proposal for a directive
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 167 #

Proposal for a directive
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 168 #

Dominique RIQUET

Proposal for a directive
Article 7 – paragraph 5 – point a

(a) the ship only calls at anchorage for less than 24 hours, while waiting to be chartered or under adverse weather conditions;

Amendment 169 #

Proposal for a directive
Article 7 – paragraph 5 – point b

(b) the information provided in accordance with Annexes 2 and 3 shows that there is sufficient dedicated storage capacity for all waste that has been accumulated and will be accumulated during the intended voyage of the ship until the next port of call. Regardless of sufficient dedicated storage capacity, waste as defined in MARPOL Annex V not including cargo residues, must be delivered to port reception facilities before proceeding to the next port of call with the exception of minor amounts of waste.

Amendment 170 #

Proposal for a directive
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 the~~percentage 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 171 #

Proposal for a directive
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~~percentage 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 172 #

Proposal for a directive
Article 7 – paragraph 7

7. If, on the ~~next port of call is located outside the Union, or there are good reasons to believe~~basis 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 departure~~that cannot be adequately received and treated at the next port of call.

Amendment 173 #

7. If, on the ~~next port of call is located outside the Union, or there are good reasons to believe~~basis of the information available, including information available electronically in information, monitoring and legislation enforcement systems, as referred to in Article 14 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 departure~~that cannot be adequately received and handled at the next port of call.

Amendment 174 #

Proposal for a directive
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 175 #

Proposal for a directive
Article 7 – paragraph 7

7. If the next port of call is located outside the Union, or 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, provided that the storage space is available at the port facilities, before departure.

Amendment 176 #

Proposal for a directive
Article 7 – paragraph 7

7. 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 th~~is port~~e next port of call is unknown, the Member State shall require the ship to deliver all its waste before departure.

Amendment 177 #

Proposal for a directive
Article 7 – paragraph 8 a (new)

8a. Platform masters shall be required to send garbage generated on fixed or floating platforms at regular intervals to port reception facilities.

Amendment 178 #

Proposal for a directive
Article 7 a (new)

Article 7a Prevention of Lost Fishing Gear 1. The master of ship calling at a port in a Member State engaged in fishing operations shall ensure that all reasonable precautions are taken to prevent the loss of fishing gear. 2. The Commission shall be empowered to define all reasonable precautions to be taken to prevent the loss of fishing gear. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 20(2).

Amendment 179 #

Proposal for a directive
Article 7 b (new)

Article 7b Circularity of fishing gear The Commission shall request the European standardisation organisations to develop harmonised standards to ensure the circular design of fishing gear, in particular with respect to preparation for re-use and recyclability, without prejudice to Council Regulation (EC) No 850/98.

Amendment 180 #

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall ensure that the costs of operating port reception facilities for the reception and treatment of waste from ships, other than cargo residues, shall be covered through the collection of a fee from ships , respecting "the polluter pays" principle. Those costs include the elements listed in Annex 4.

Amendment 181 #

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall ensure that the costs of operating port reception facilities for the reception and treatment of waste from ships, other than cargo residues, ~~shall b~~are covered through the collection of a fee from ships. Those costs include the elements listed in Annex 4.

Amendment 182 #

Gesine MEISSNER

Proposal for a directive
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 during the previous year. Costs related to expected traffic volume for the coming year can also be taken into account;

Amendment 183 #

Amendment 184 #

Proposal for a directive
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 from the previous year for actual delivery of the waste;

Amendment 185 #

Proposal for a directive
Article 8 – paragraph 2 – point b

Amendment 186 #

Proposal for a directive
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 fish~~ - other than cargo residues - no fees shall be charged directly for that waste, ing o~~perations, 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~~rder to ensure a right of delivery without any additional charges based on the amount of waste indicated in advance, unless the amount of waste exceeds the maximum waste storage capacity as defined in the form included in Annex 2 to this Directive. Passively- fished waste is covered by this system, which includes the right to delivery;

Amendment 187 #

Proposal for a directive
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 188 #

Lars ADAKTUSSON

Proposal for a directive
Article 8 – paragraph 2 – point c

Amendment 189 #

Proposal for a directive
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, other than cargo residues 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 the ship;

Amendment 190 #

Cláudia MONTEIRO DE AGUIAR, Wim van de CAMP

Proposal for a directive
Article 8 – paragraph 2 – point c

Amendment 191 #

Proposal for a directive
Article 8 – paragraph 2 – point c

Amendment 192 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN, Maria GRAPINI

Proposal for a directive
Article 8 – paragraph 2 – point c

Amendment 193 #

David Maria SASSOLI

Proposal for a directive
Article 8 – paragraph 2 – point c

Amendment 194 #

Proposal for a directive
Article 8 – paragraph 2 – point c

Amendment 195 #

Proposal for a directive
Article 8 – paragraph 2 – point c

Amendment 196 #

Proposal for a directive
Article 8 – paragraph 2 – point c

Amendment 197 #

Proposal for a directive
Article 8 – paragraph 2 – point c

Amendment 198 #

Proposal for a directive
Article 8 – paragraph 2 – point c

Amendment 199 #

Proposal for a directive
Article 8 – paragraph 2 – point c

Amendment 200 #

Proposal for a directive
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 201 #

Proposal for a directive
Article 8 – paragraph 2 – point c a (new)

(ca) in order to provide maximum dis- incentive for the discharge of waste as defined in Annex V to the MARPOL Convention, a fixed fee equal to the fee charged in subparagraph (c) shall be collected from ships that cannot provide proof of delivery at the last port of call, unless exempted under Article 9.

Amendment 202 #

Proposal for a directive
Article 8 – paragraph 2 – point c a (new)

Amendment 203 #

Proposal for a directive
Article 8 – paragraph 2 – point c a (new)

(ca) The indirect fee of subparagraph (c) shall not cover hazardous waste ;

Amendment 204 #

Proposal for a directive
Article 8 – paragraph 2 – point c a (new)

(ca) The indirect fee of subparagraph (c) shall not cover hazardous waste ;

Amendment 205 #

Proposal for a directive
Article 8 – paragraph 2 – point d

(d) The indirect fee shall not cover the waste from exhaust gas cleaning systems, the costs of which shall be covered on the basis of the types and quantities of waste delivered, nor shall it cover waste actively and passively collected by fishing vessels engaged in fishing for litter schemes.

Amendment 206 #

David Maria SASSOLI

Proposal for a directive
Article 8 – paragraph 2 – point d

(d) The indirect fee ~~shall not cover the waste from exhaust gas cleaning systems, the costs of which~~of subparagraph (c) shall benot cover~~ed on the basis of the types and quantities of waste delivered.~~ hazardous waste;

Amendment 207 #

Lars ADAKTUSSON

Proposal for a directive
Article 8 – paragraph 2 – point d

(d) The indirect fee shall not cover the waste from exhaust gas cleaning systems or hazardous waste, the costs of which shall be covered on the basis of the types and quantities of waste delivered.

Amendment 208 #

Proposal for a directive
Article 8 – paragraph 2 – point d a (new)

(da) the fee shall include a fixed contribution by all ships towards a national fund, established and maintained in accordance with Article 9a, to support projects for the collection of passively fished waste from fishing vessels (fishing- for-litter schemes) and waste found on coastlines in the vicinity of ports and along shipping routes (beach clean-ups), ensuring no additional costs are accrued.

Amendment 209 #

Cláudia MONTEIRO DE AGUIAR, Wim van de CAMP

Proposal for a directive
Article 8 – paragraph 2 – point d a (new)

(da) part of the fee shall include a contribution to a national fund to support fishing-for-litter schemes, including adequate infrastructure in the port facilities.

Amendment 210 #

Proposal for a directive
Article 8 – paragraph 2 – point d a (new)

(da) The indirect fee of subparagraph (c) shall not cover services provided outside normal operating hours in the port and hazardous waste;

Amendment 211 #

Proposal for a directive
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 212 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN, Maria GRAPINI

Proposal for a directive
Article 8 – paragraph 3

Amendment 213 #

Proposal for a directive
Article 8 – paragraph 4

4. The fees may be differentiated with respect to, inter alia, the category, type and size of the ship and the type of traffic the ship is engaged in, the hazardous nature and risk of the waste, as well as with respect to services provided outside normal operating hours in the port.

Amendment 214 #

Proposal for a directive
Article 8 – paragraph 4 a (new)

4a. The fees may be reduced by up to 50% if a ship is engaged in short sea shipping trade within the meaning laid down in Commission Communication COM(2004) 453.

Amendment 215 #

Proposal for a directive
Article 8 – paragraph 4 a (new)

4a. The fees shall be reduced on the basis of the type of trade the ship is engaged in, in particular when a ship is engaged in short sea shipping trade.

Amendment 216 #

Miltiadis KYRKOS

Proposal for a directive
Article 8 – paragraph 4 a (new)

4a. The fees shall be reduced on the basis of the type of trade the ship is engaged in, in particular when a ship is engaged in short sea shipping trade.

Amendment 217 #

Proposal for a directive
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~~Commission shall adopt implementing acts to establish criteria indicating that waste on the ship in question is managed 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 managementose implementing acts shall be adopted in accordance with the examination procedure referred to in Article 20(2).

Amendment 218 #

Proposal for a directive
Article 8 – paragraph 5

5. The ~~fees shall be reduced~~port 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 219 #

Proposal for a directive
Article 8 – paragraph 5

Amendment 220 #

Proposal for a directive
Article 8 – paragraph 5

Amendment 221 #

Proposal for a directive
Article 8 – paragraph 5

Amendment 222 #

Proposal for a directive
Article 8 – paragraph 5

Amendment 223 #

Proposal for a directive
Article 8 – paragraph 5

Amendment 224 #

Proposal for a directive
Article 8 – paragraph 5

5. The fees shall be reduced if the ship’s design, equipment and operation, and procurement policies are such that it can be demonstrated that the ship produces reduced quantities of ~~waste~~the type of waste to which the fee applies, and manages its waste in a sustainable and environmentally sound manner. Ships qualifying for reductions of fees for waste as defined in Annex V of the MARPOL Convention shall ensure that at least the following minimum requirements are met: (a) adoption of a garbage reduction management plan with measures and procedures to minimise taking on board of material that could become waste; (b) measures and procedures to reduce garbage generated during procurement of supplies and provisions, including: – using supplies that come in bulk, recycled or reusable packaging, and containers; – avoiding the use of disposable cups, utensils, dishes, towels, rags and other convenience items whenever possible; and – avoiding supplies that are made of or packaged in plastics, unless specifically designed for reuse; (c) measures and procedures to reduce garbage generated during the selection of materials for stowage and securing of cargo or protection of cargo from weather, including: – using permanent reusable coverings for cargo protection instead of disposable or recyclable plastic sheeting; and – using stowage systems and methods that reuse dunnage, shoring, lining and packing materials; (d) source separation and collection, including the provision of distinctively marked garbage receptacles on board the ship to receive and separate garbage as it is generated; (e) crew and passenger training and operational procedures in place to limit the accidental or deliberate discharge of all kinds of operational waste, including rope fragments, oil and lubricant containers, personal items of clothing, cigarettes and food packaging; (f) disciplinary procedures and sanctions for employee misconduct resulting in discharges of garbage into the sea; The Commission shall be empowered by means of delegated acts in accordance with Article 19, to ~~define~~add to 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 225 #

Proposal for a directive
Article 8 – paragraph 5

5. The fees shall be reduced ~~if t~~on 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 226 #

Proposal for a directive
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 criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on-board waste management and in relation to the quantity of produced waste.

Amendment 227 #

Proposal for a directive
Article 8 – paragraph 5 a (new)

5a. The accidental collection of waste by fishing vessels shall be excluded from the cost recovery system.

Amendment 228 #

Proposal for a directive
Article 8 – paragraph 5 b (new)

Amendment 229 #

Proposal for a directive
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 230 #

Proposal for a directive
Article 8 – paragraph 6

6. In order to ensure that the fees are fair, transparent, easily identifiable, 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 to the port users.

Amendment 231 #

Proposal for a directive
Article 8 a (new)

Article 8a Fishing-for-litter initiatives and beach clean-ups 1. Member States shall establish and maintain a national fund to support activities and projects for the collection of passively fished waste from fishing vessels and waste found on coastlines in the vicinity of ports and along shipping routes. 2. Member States shall ensure that monitoring data on the volume, quantity, and types of passively fished waste and waste found on coastlines in the vicinity of ports and along shipping routes is collected, and shall ensure such monitoring data is transmitted to an electronic database established and maintained by the Commission. 3. Member States shall inform the Commission on the national fund established under paragraph 1 by 31 December [two years after adoption], and shall submit bi-annual reports every two years thereafter on the activities and projects that received funding. The Commission shall be empowered by means of delegated acts in accordance with Article 19 to define monitoring data methodologies and the format for reporting.

Amendment 232 #

Proposal for a directive
Article 8 a (new)

Article 8a Fishing for Litter Initiatives 1. Member States shall establish and maintain a fund to support the collection of passively fished waste from fishing vessels and provide appropriate port facilities. 2. Member States shall inform the Commission of the establishment of their national funds by 31 December [two years after adoption], and shall submit reports every two years thereafter on the activities and projects funded under this article. These reports shall be publically available.

Amendment 233 #

Proposal for a directive
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 ~~accept~~notified 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 234 #

Proposal for a directive
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 235 #

Proposal for a directive
Article 9 – paragraph 1 – point c

Amendment 236 #

Proposal for a directive
Article 9 a (new)

Article 9a Extended Producer Responsibility Member States shall establish extended producer responsibility schemes for fishing gear and fishing gear components. In addition to the minimum requirements set out in Article 8a of Directive 2008/98/EC, the following elements shall be included in such schemes: (a) a modulated fee that encourages the placing on the market of fishing gear designed for reuse and recycling; (b) deposit-refund systems that ensure the return and collection of old, derelict or unusable fishing gear.

Amendment 237 #

Proposal for a directive
Article 9 a (new)

Article 9a Extended Producer Responsibility Member States shall establish extended producer responsibility schemes for fishing gear and fishing gear components. In addition to the minimum requirements set out in Article 8a of Directive 2008/98/EC, these schemes shall include a modulated fee to encourage the placing on the market of fishing gear designed and prepared for re-use and recycling.

Amendment 238 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN, Maria GRAPINI

Proposal for a directive
Article 9 a (new)

Article 9a Extended Producer Responsibility In order to strengthen the re-use and the prevention, recycling and other recovery of fishing gear, Member States shall establish extended producer responsibility schemes for fishing gear with the minimum requirements set out in Article 8 of Directive 2008/98/EC, including, inter alia, the modulation of fees and deposit-refund systems.

Amendment 239 #

Proposal for a directive
Article 10 – paragraph 1

Member States shall ensure that any ship may be subject to an inspections, including random ones, in order to verify that it complies with the requirements of this Directive.

Amendment 240 #

Proposal for a directive
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 241 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
Article 11 – paragraph 1 a (new)

The Member States should be free to select the administrative bodies which will physically carry out inspections to assess compliance with the requirements of this Directive.

Amendment 242 #

Proposal for a directive
Article 12 – paragraph 1 – introductory part

1. As regards inspections of ships falling outside the scope of Directive 2009/16/EC, Member States shall ensure that inspections are carried out of at least 205 % of the total number of the individual vessels for each category listed below:

Amendment 243 #

Proposal for a directive
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, that they apply indiscriminatory to all the ships that fall under the mentioned tonnage limits , to ensure compliance with the applicable requirements of this Directive.

Amendment 244 #

Proposal for a directive
Article 12 – paragraph 3

3. Member States shall establish procedures for random 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.

Amendment 245 #

Proposal for a directive
Article 12 – paragraph 4

4. If the relevant authority of the Member State is not satisfied with the results of the inspection, it shall, without prejudice to the application of the penalties referred to in Article 16, ensure that the ship does not leave port until it has delivered its waste to a ~~port~~ reception facility at the port where it was inspected in accordance with Article 7.

Amendment 246 #

Proposal for a directive
Article 14 – paragraph 2 – point d a (new)

(da) in the event of loss of fishing gear, the information required in Article 48 of Council Regulation (EC) No 1224/2009;

Amendment 247 #

Proposal for a directive
Article 14 – paragraph 2 – point d a (new)

(da) information on losses of fishing gear reported under Article 48 of Council Regulation (EC) No 1224/2009.

Amendment 248 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
Article 14 – paragraph 2 – point d a (new)

(da) information on lost fishing gear in the sea

Amendment 249 #

Proposal for a directive
Article 14 – paragraph 2 – point d a (new)

(da) information on lost fishing gear.

Amendment 250 #

Proposal for a directive
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 251 #

Proposal for a directive
Article 14 – paragraph 4

Amendment 252 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
Article 15 – paragraph 1

1. The Commission shall develop, maintain and update an inspection database to which all Member States shall be connected and which shall contain all the information required for the implementation of the inspection system provided for by this Directive. This database will be based on the inspection database referred to in Article 24 of Directive 2009/16/EC and shall have similar functionalities to that database. Ships which were not able to deliver their waste owing to a lack of port facilities or suitable facilities at the port where they were inspected shall be authorised to leave the port without being subject to the fines established in this Directive.

Amendment 253 #

Proposal for a directive
Article 15 a (new)

Article 15a Training of personnel Port and port reception facilities authorities shall ensure that all personnel receive the necessary training to acquire the knowledge which is essential for their work on dealing with waste, with specific attention to health and safety aspects pertaining to dealing with hazardous materials, and that training requirements are regularly updated to meet the challenges of technological innovation.

Amendment 254 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
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 shall be effective, proportionate and dissuasive and shall have regard to the seriousness of the infringement and whether a similar infringement has previously been committed by the authority, operator, agent, master or other relevant party concerned.

Amendment 255 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
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 penalty regime shall not include lighter sanctions than those applied for public health or environmental infractions or crimes. The penalties provided for shall be effective, proportionate and dissuasive.

Amendment 256 #

Proposal for a directive
Article 17 – paragraph 1

The Commission shall provide for the organisation of exchanges of experience between the Member States’ national authorities and experts, including those from the private sector, civil society and trade unions, on the application of this Directive in Union ports.

Amendment 257 #

Proposal for a directive
Article 18 – paragraph 2

2. The Annexes may also be amended when it is necessary to improve the implementation and monitoring arrangements established by this Directive, in particular those provided in Articles 6, 7 and 9, in order to ensure effective notification and delivery of waste, and the proper application of exemptions.deleted

Amendment 258 #

Proposal for a directive
Article 18 – paragraph 2

Amendment 259 #

Proposal for a directive
Article 19 – paragraph 1

1. The power to adopt delegated acts referred to in Article ~~8(5), Article 18(1), Article 18(2~~18(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~~present 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 260 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
Article 19 – paragraph 1

1. The power to adopt delegated acts referred to in Article ~~8(5), Article 18(1), Article 18(2~~18(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 261 #

Gesine MEISSNER

Proposal for a directive
Article 24 – paragraph 1

The Commission shall evaluate this Directive and submit the results of the evaluation to the European Parliament and the Council no later than seven years after its entry into force. The Commission shall also evaluate whether the European Maritime Safety Agency (EMSA) should be granted additional competences for the enforcement of this Directive. This could include review and investigation of alleged inadequacies of port reception facilities under Article 4.

Amendment 262 #

Proposal for a directive
Article 24 – paragraph 1

The Commission shall evaluate this Directive and submit the results of the evaluation to the European Parliament and the Council no later than ~~seven~~four years after its entry into force.

Amendment 263 #

Renaud MUSELIER, Franck PROUST, Alain CADEC

Proposal for a directive
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.

Amendment 264 #

Proposal for a directive
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.

Amendment 265 #

Proposal for a directive
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.

Amendment 266 #

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1

~~Member States shall adopt and publish, by 31st of December 2020 at the latest, the laws, regulations~~By [36 months after the date of entry into force of this Directive], Member States shall adopt and publish the statutory, implementing and administrative ~~provision~~measures necessary to comply with this Directive. They shall ~~forthwith~~ communicate to the Commission the text of those ~~provisions~~measures forthwith.

Amendment 267 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1

Member States shall adopt and publish, by 31st of December 20201 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.

Amendment 268 #

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1

Member States shall adopt and publish, by 3~~1st~~0th of ~~December~~June 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.

Amendment 269 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
Annex IV – subheading 1

Categories of costs ~~for~~and net revenues related to the operation and administration of PRF

Amendment 270 #

Proposal for a directive
Annex IV – subheading 1

Categories of costs for the operation and administration of ~~PRF~~port reception facilities

Amendment 271 #

Proposal for a directive
Annex IV a (new)

Net revenues Net proceeds from waste management schemes and national/regional funding, including the revenue elements listed below. – Net financial benefits provided by extended producer responsibility schemes. – Other net revenues from waste management such as recycling schemes. – Funding under the European Maritime and Fisheries Fund. – Other funding or subsidies available to ports for waste management and fisheries.

Amendment 29 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
Recital 2

(2) The International Convention on the Prevention of Pollution from Ships ('MARPOL Convention') provides for general prohibitions on discharges from ships and fixed or floating platforms at sea, but also regulates the conditions under which certain types of waste can be discharged into the marine environment. The MARPOL Convention requires Member States to ensure the provision of adequate reception facilities in ports.

Amendment 30 #

Proposal for a directive
Recital 2

Amendment 31 #

Proposal for a directive
Recital 2

Amendment 32 #

Proposal for a directive
Recital 5 a (new)

(5a) The overarching objective of the Directive is to prevent discharges of ship waste into the sea. Therefore, waste from repair works and sediments from cleaning or repair of ballast tanks should not fall under the scope of the Directive, as they are always discharged on land when a ship is at berth or on dry dock. Waste from repair works and sediments from cleaning or repair of ballast tanks are regulated by the EU waste legislation and the IMO Ballast Water Management Convention respectively.

Amendment 33 #

Proposal for a directive
Recital 5 a (new)

(5a) Member States should be urged to adopt discharge bans for wastewater from open loop scrubbers and certain cargo residues on their territorial waters.

Amendment 34 #

Proposal for a directive
Recital 7

(7) In spite of these regulatory developments, discharges of waste at sea still occur. T~~his is due to a combination of factors, namely adequate port reception facilities are not always available in ports, enforcement is often insufficient and there is a lack of~~o adhere to the polluter-pays- principle in this context, enforcement of existing regulation should be further improved, also by bettering monitoring of discharges of waste at sea through the use of advanced technologies. However full monitoring will never be achieved and a need to increase incentives to deliver the waste onshore remains.

Amendment 35 #

Proposal for a directive
Recital 8

(8) Under the Directive 2000/59/EC, all ships calling at European ports already have to contribute to the costs of port reception facilities irrespective of actual use of facilities. As such, Directive 2000/59/EC has contributed to increasing volumes of waste being delivered to port reception facilities since its entry into force, and ~~as such~~ has been instrumental in reducing waste discharges at sea, as was revealed in the REFIT Evaluation of the Directive.

Amendment 36 #

Proposal for a directive
Recital 9

Amendment 37 #

Proposal for a directive
Recital 10

(10) The Directive is also instrumental for the application of the main environmental legislation and principles in the context of ports and the management of waste from ships. In particular, Directive 2008/98/EC of the European Parliament and the Council21 , as well as Directive 2008/56/EC of the European Parliament and the Council22 , are relevant instruments in this regard. In this context, EU shall provide sufficient financial resources to fight against the climate change where the condition of the seas play a key role. Therefore the eligibility criteria for all EU funding to ports shall be that the funding enhances the reduction of greenhouse gas emissions. _________________ 21 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p.3). 22 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p.19).

Amendment 38 #

Proposal for a directive
Recital 12

(12) Separate collection of waste from ships, including derelict fishing gear, 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~~. The 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.

Amendment 39 #

Proposal for a directive
Recital 12 a (new)

(12a) In order to ensure a more efficient management of the waste transfer to the port reception facilities, it is necessary to enter a heading in the registration forms after the "type of waste " column, according to the MARPOL classification, with the European classification " waste code" in accordance with the Regulation (EC) No. 1013/2006 on the same standard form proposed in Annex II to the Directive 2000/59/EC.

Amendment 40 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
Recital 13

Amendment 41 #

Proposal for a directive
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, going directly into the sea. Offshore platforms, either fixed or floating, should also be required to deliver their waste to Union ports, given their significant contribution to marine litter.

Amendment 42 #

Proposal for a directive
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, going directly into the sea. The Commission has calculated that 27% of the marine litter which ends up on European coasts is fishing gear containing plastic debris.

Amendment 43 #

Proposal for a directive
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, going directly into the sea. Fixed or floating platforms should also be required to deliver their waste to port reception facilities regularly.

Amendment 44 #

Proposal for a directive
Recital 13

Amendment 45 #

Proposal for a directive
Recital 17

(17) To ensure adequacy of port reception facilities, the development and re-assessment of the waste reception and handling plan is essential, based on consultation of all relevant port users. For practical and organisational reasons, neighbouring ports in the same geographical region may want to develop a joint plan, covering the availability of port reception facilities in each of the ports covered by the plan while providing a common administrative framework.

Amendment 46 #

Proposal for a directive
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 47 #

Renaud MUSELIER, Franck PROUST, Alain CADEC

Proposal for a directive
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 48 #

Proposal for a directive
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 49 #

Karima DELLI, Keith TAYLOR

Proposal for a directive
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 50 #

Proposal for a directive
Recital 18

Amendment 51 #

Proposal for a directive
Recital 18

Amendment 52 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
Recital 18 a (new)

(18a) As regards vessels which conduct fishing activities: – the delivery of waste collected passively at sea should be excluded from the cost recovery system and, on the contrary, should be incentivised through a compensation scheme; as regards the disposal of nets no longer in use: – large vessels should be subject to an appropriate indirect fee, which can contribute to the collection and disposal of such nets in port reception facilities; – small vessels should be subject to an indirect, reduced fee.

Amendment 53 #

Proposal for a directive
Recital 18 a (new)

(18a) Fishing nets are particularly problematic given their high turnover and require a specific approach which should include measures to prevent accidental losses, dumping of old, derelict or unusable fishing gear, as well as measures to support the delivery of passively fished waste, which often contains lost fishing gear.

Amendment 54 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
Recital 18 a (new)

(18a) To promote the delivery of passively fished waste collected in nets during normal fishing operations, Member States should cover the costs associated with its collection in port reception facilities and subsequent management with revenues generated by alternative income sources.

Amendment 55 #

Proposal for a directive
Recital 18 b (new)

(18b) To encourage the delivery of passively fished waste collected during fishing operations, Member States should establish dedicated collection centres in ports and cover the costs associated with its collection and management with revenues generated by alternative income sources.

Amendment 56 #

Proposal for a directive
Recital 19

Amendment 57 #

Proposal for a directive
Recital 19

Amendment 58 #

Proposal for a directive
Recital 19

Amendment 59 #

David Maria SASSOLI

Proposal for a directive
Recital 19

Amendment 60 #

Proposal for a directive
Recital 19

Amendment 61 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
Recital 19

Amendment 62 #

Proposal for a directive
Recital 19

(19) The ‘Green Ship’ concept should be further developed in relation to waste management,. Minimum requirements should be established at EU level so that an effective reward system can be implemented for those vessels that reduce their waste on board. The Commission should also encourage the exchange of good practices on the development of bottom-up schemes which evaluate 'green ships'.

Amendment 63 #

Proposal for a directive
Recital 19

(19) The ‘Green Ship’ concept should be ~~further develop~~implemented in relation to waste management, so that an effective reward system can be implemented for those vessels that reduce their waste on board.

Amendment 64 #

Proposal for a directive
Recital 19

Amendment 65 #

Proposal for a directive
Recital 19

(19) The ‘Green Ship’ concept should be further developed in relation to waste management, so that an effective reward system can be implemented for those vessels that reduce their waste on board. For this reason, the Commission should assign a group of experts in order to establish the criteria that must be met in order for a ship to be declared a "greenship" and to benefit from the corresponding tax reductions.

Amendment 66 #

Proposal for a directive
Recital 19 a (new)

(19a) Voluntary application of reduced fees for vessels that demonstrate good waste management practices beyond the required standards which result in the generation of reduced quantities of waste, should be welcomed.

Amendment 67 #

Gesine MEISSNER

Proposal for a directive
Recital 20

(20) Cargo residues remain the property of the cargo owner after unloading the cargo to the terminal, and often have an economic value. For this reason, the cargo residues should not be included in the cost recovery systems and the application of the indirect fee; the fee for the delivery of cargo residues should be paid by the user of the reception facility, as specified in the contractual arrangements between the parties involved or in other local arrangements. With the objective to promote harmonised implementation of this Directive, technical guidance on the management of cargo residues should be developed in accordance with MARPOL Annex I and II.

Amendment 68 #

Proposal for a directive
Recital 21

(21) Regulation (EU) 2017/352 of the European Parliament and the Council25 , , includes the provision of port reception facilities as a service in the scope of the Regulation. It provides rules on the transparency of the charging structures applied for the use of port services, consultation of port users and handling of complaint procedures. The Directive goes beyond the framework provided by the Regulation (EU) 2017/352 by providing more detailed requirements for the operation and design of the cost recovery systems for port reception facilities for waste from ships and the transparency of the cost structurerefore, the Directive should be aligned with the recently adopted Port Services Regulation (EU) 2017/352. _________________ 25 Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports (OJ L 57, 3.3.2017,p.1).

Amendment 69 #

Proposal for a directive
Recital 21 a (new)

Amendment 70 #

Proposal for a directive
Recital 21 a (new)

(21a) Given the current linear life-cycle of fishing gear in spite of existing legal requirements, the "polluter pays" principle suggests that extended producer responsibility schemes should be part of the solution of tackling marine litter, by encouraging smart design with high recycling potential and by actively collecting discarded fishing gear at sea.

Amendment 71 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN, Maria GRAPINI

Proposal for a directive
Recital 21 b (new)

Amendment 72 #

Proposal for a directive
Recital 23 a (new)

(23a) The delivery obligation should be complemented with provisions that prohibit the discharge of waste in order to provide clear signals about compliance obligations, and ensure a clear basis for civil or criminal violations.

Amendment 73 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN, Maria GRAPINI

Proposal for a directive
Recital 24 a (new)

(24a) The large quantity of marine litter in the Union's regional seas indicates that the existing legal requirements do not prove sufficient to reach the objectives set in the strategy for a circular economy. In the interest of promoting compliance and preventing discharges of waste at sea, the present Directive should outline minimum sanctions for infringements, including minimum administrative fees and to include them in guidance issued to competent authorities undertaking inspections.

Amendment 74 #

Proposal for a directive
Recital 24 a (new)

(24a) In line with Article 48 of Council Regulation (EC) No 1224/2009, the loss of fishing gear needs to be notified.

Amendment 75 #

Proposal for a directive
Recital 26

(26) There is a need for further harmonisation of the regime of exemptions for ships in port operations such as pilotage and dredging vessels or in scheduled traffic with frequent and regular port calls, in particular clarification of the terms used and the conditions governing those exemptions. The REFIT Evaluation and the Impact Assessment have revealed that the lack of harmonisation of the conditions and application of exemptions has resulted in an unnecessary administrative burden for ships and ports.

Amendment 76 #

Proposal for a directive
Recital 30

(30) In order to take account of developments at international level, and to promote environmentally sound waste management practices on board, the power to adopt acts in accordance with article 290 TFEU should be delegated to the Commission in respect of amending this Directive to update the references to international instruments and the Annexes and to change references to international instruments, in order to prevent, if necessary, changes to those international instruments from applyingCommission should encourage the exchange of good practices on the development of bottom-up schemes for the purposes of this Directive, and to develop common criteria for recognising 'green ships' for the purpose of granting a reduced waste fee to those ships. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Councilvoluntarily granting a reduced waste fee to those ships.

Amendment 77 #

Proposal for a directive
Recital 30

(30) In order to take account of developments at international level, and to promote environmentally sound waste management practices on board, the power to adopt acts in accordance with article 290 TFEU should be delegated to the Commission in respect of amending this Directive to update the references to international instruments and the Annexes and to change references to international instruments, in order to prevent, if necessary, changes to those international instruments from applying for the purposes of this Directive, and to develop common criteria for recognising 'green ships' for the purpose of granting a reduced waste fee to those ships. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the CouncilCommission should encourage the exchange of good practices on the development of bottom-up schemes which evaluate 'green ships' for the purpose of granting a reduced waste fee to those ships.

Amendment 78 #

Proposal for a directive
Recital 30

(30) In order to take account of developments at international level, and to promote environmentally sound waste management practices on board, the power to adopt acts in accordance with article 290 TFEU should be delegated to the Commission in respect of amending this Directive to update the references to international instruments and the Annexes and to change references to international instruments, in order to prevent, if necessary, changCommission should encourage the exchange of good practises ton th~~ose international instruments from applying for the purposes of this Directive, and to develop common criteria for recognising~~e development of bottom-up schemes which evaluate 'green ships' for the purpose of granting a reduced waste fee to those ships. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. ~~The Commission when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.~~

Amendment 79 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN, Maria GRAPINI

Proposal for a directive
Recital 30

(30) In order to take account of developments at international level, and to promote environmentally sound waste management practices on board, the power to adopt acts in accordance with article 290 TFEU should be delegated to the Commission in respect of amending this Directive to update the references to international instruments and the Annexes and to change references to international instruments, in order to prevent, if necessary, changes to those international instruments from applying for the purposes of this Directive, and to ~~develop~~implement and further refine common criteria for recognising 'green ships' for the purpose of granting a reduced waste fee to those ships. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.

Amendment 80 #

Proposal for a directive
Recital 31 a (new)

(31a) Good working conditions for port personnel working in port reception facilities are of paramount importance to creating a safe, efficient and socially accountable maritime sector, which is able to attract qualified workers and ensure a wide-level playing field across Europe. Initial and periodic training of staff is essential to ensure the quality of services and the protection of workers. Port and reception facilities authorities shall ensure that all personnel receive the necessary training to acquire the knowledge which is essential for their work, with specific attention for health and safety aspects pertaining to dealing with hazardous materials, and that training requirements are regularly updated to meet the challenges of technological innovation.

Amendment 81 #

Proposal for a directive
Recital 31 a (new)

(31a) The pollution phenomenon by dumping waste from the pan-European corridor 7 should not be ignored, given that pollution affects the underground waters, the Danube ecosystem and the food safety of European citizens, who consume fish products.

Amendment 82 #

Izaskun BILBAO BARANDICA, Gesine MEISSNER

Proposal for a directive
Recital 32

(32) The Union is characterised by regional differences at port level, as also demonstrated in the Territorial Impact Assessment.. Ports differ based on geographic location, size, administrative set-up and ownership, and are characterised by the type of ships normally visiting. In addition, waste management systems reflect the differences at municipal level and downstream waste management infrastructure. For Member States with sea access, the provisions of this Directive should be extended to European ports on inland waterways.

Amendment 83 #

Proposal for a directive
Recital 32 a (new)

(32a) Given the situation in the Outermost Regions, recognised under Article 349 of the Treaty on the Functioning of the European Union, Member States shall be able to adopt specific funding measures so that they can ensure the availability of adequate reception facilities.

Amendment 84 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN, Maria GRAPINI

Proposal for a directive
Recital 32 a (new)

(32a) The specificities of the Outermost Regions, enshrined under Article 349 of the TFEU, must be taken into consideration when ensuring the adequacy of port reception facilities to those regions. Specific measures must therefore be put in place.

Amendment 85 #

Proposal for a directive
Article 1 – title

1 Subject matter and objectives

Amendment 86 #

Proposal for a directive
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 87 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

(aa) 'fixed or floating platform': means any fixed or floating platform, including drilling rigs, floating production, storage and offloading facilities used for the offshore production and storage of oil, and floating nets used for the offshore storage of oil produced;

Amendment 88 #

Proposal for a directive
Article 2 – paragraph 1 – point b a (new)

(ba) 'offshore platform' means any fixed or floating platform, including drilling rigs, floating production, storage and offloading facilities used for the offshore production and storage of oil, and floating units for the offshore storage of oil produced;

Amendment 89 #

Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Theresa GRIFFIN

Proposal for a directive
Article 2 – paragraph 1 – point c

(c) ‘'waste from ships’ means all waste, including cargo residues, which is generated during the service of a ship, a fixed or floating platform, or during loading, unloading and cleaning operations, or waste that is collected in nets during fishing operations, and falls under the scope of Annexes I, II, IV, V and VI to MARPOL;

Amendment 90 #

Proposal for a directive
Article 2 – paragraph 1 – point c

(c) ‘waste from ships’ means all waste, including cargo residues, which is generated during the service of a ship, an offshore platform, or during loading, unloading and cleaning operations, or waste that is collected in nets during fishing operations, and falls under the scope of Annexes I, II, IV, V and VI to MARPOL;

Amendment 91 #

Proposal for a directive
Article 2 – paragraph 1 – point c a (new)

(ca) ‘waste from platforms' means all waste, which is generated during the operation of a fixed or floating platform, and falls under the scope of Annexes I, II, IV, V and VI to MARPOL;

Amendment 92 #

Dominique RIQUET

Proposal for a directive
Article 2 – paragraph 1 – point g

(g) ‘recreational craft’ means a ship of any type, with a hull length of 2.54 metres and beyond, regardless of the means of propulsion, intended for sports or leisure purposes, and not engaged in trade;

Amendment 93 #

Proposal for a directive
Article 2 – paragraph 1 – point g a (new)

(ga) 'green ship' means a ship designed, operated and ultimately recycled in an environmentally sustainable way, where in an integrated manner harmful operational discharges and emissions are eliminated; design, equipment, operation and procurement policies create synergies to enable reduced quantities of the type of waste to which the fee applies and manages its waste in a sustainable and environmentally sound manner;

Amendment 94 #

Proposal for a directive
Article 2 – paragraph 1 – point i a (new)

(ia) ‘international voyage’ means a voyage in sea areas from a port located outside the Union to a port of a Member State;

Amendment 95 #

Proposal for a directive
Article 2 – paragraph 1 – point j

(j) ‘port’ means a ~~place or a geographical area~~n area of land and water made up of such i~~mprovement works~~nfrastructure and equipment so as to permit, principally, the reception of ~~ships, inclu~~waterborne vessels, their loading and unloading, the ~~anch~~storage ~~area within the jurisdiction of~~of goods, the receipt and delivery of those goods and the embarkation and disembarkation of passengers, crew and other persons and any other infrastructure necessary for transport operators within the port; area;

Amendment 96 #

Proposal for a directive
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 97 #

Miltiadis KYRKOS

Proposal for a directive
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~~;

Amendment 98 #

Proposal for a directive
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 99 #