Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (Text with EEA relevance)
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EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.
ANNEX 1U.K. REQUIREMENTS FOR WASTE RECEPTION AND HANDLING PLANS
The waste reception and handling plans shall cover all types of waste from ships normally visiting the port and shall be developed according to the size of the port and the types of ships calling at that port.
The waste reception and handling plans shall include the following elements:
(a)
an assessment of the need for port reception facilities, in light of the needs of ships normally visiting the port;
(b)
a description of the type and capacity of port reception facilities;
(c)
a description of the procedures for the reception and collection of waste from ships;
(d)
a description of the cost recovery system;
(e)
a description of the procedure for reporting alleged inadequacies of port reception facilities;
(f)
a description of the procedure for ongoing consultations with port users, waste contractors, terminal operators and other interested parties; and
(g)
an overview of the type and quantities of waste received from ships and handled in the facilities.
The waste reception and handling plans may include:
(a)
a summary of relevant national law and the procedure and formalities for the delivery of the waste to port reception facilities;
(b)
an identification of a point of contact in the port;
(c)
a description of the pre-treatment equipment and processes for specific waste streams in the port, if any;
(d)
a description of methods for recording the actual use of the port reception facilities;
(e)
a description of methods for recording the amounts of the waste delivered by ships;
(f)
a description of methods for managing the different waste streams in the port.
The procedures for reception, collection, storage, treatment and disposal should conform in all respects to an environmental management scheme suitable for the progressive reduction of the environmental impact of these activities. Such conformity is presumed if the procedures are in compliance with Regulation (EC) No 1221/2009 of the European Parliament and the Council().
ANNEX 2U.K. STANDARD FORMAT OF THE ADVANCE NOTIFICATION FORM FOR WASTE DELIVERY TO PORT RECEPTION FACILITIES
Notification of the delivery of waste to: (enter name of port of call, as referred to in Article 6 of Directive (EU) 2019/883)
This form should be retained on board the ship along with the appropriate Oil Record Book, Cargo Record Book, Garbage Record Book or Garbage Management Plan as required by the MARPOL Convention.
ANNEX 3U.K. STANDARD FORMAT FOR THE WASTE DELIVERY RECEIPT
The designated representative of the port reception facility provider shall provide the following form to the master of a ship that has delivered waste in accordance with Article 7 of Directive (EU) 2019/883
This form shall be retained on board the ship along with the appropriate Oil Record Book, Cargo Record Book, Garbage Record Book or Garbage Management Plan as required by the MARPOL Convention.
ANNEX 4U.K. CATEGORIES OF COSTS AND NET REVENUES RELATED TO THE OPERATION AND ADMINISTRATION OF PORT RECEPTION FACILITIES
Direct costs
Direct operational costs that arise from the actual delivery of waste from ships, including the cost items listed below.
| Indirect costs
Indirect administrative costs that arise from the management of the system in the port, including the cost items listed below.
| Net revenues
Net proceeds from waste management schemes and national/regional funding available, including the revenue elements listed below.
|
Provision of port reception facilities infrastructure, including the containers, tanks, processing tools, barges, trucks, waste reception, treatment installations;
Concessions due for site leasing, if applicable, or for leasing the equipment necessary for the operation of port reception facilities;
The actual operation of the port reception facilities: collection of waste from the ship, transport of waste from the port reception facilities for final treatment, maintenance and cleaning of port reception facilities, costs for staff, including overtime, provision of electricity, waste analysis and insurance;
Preparing for reuse, recycling or disposal of the waste from ships, including separate collection of waste;
Administration: invoicing, issuing of waste delivery receipts to the ship, reporting.
| Development and approval of the waste reception and handling plan, including any audits of that plan and its implementation;
Updating the waste reception and handling plan, including labour costs and consultancy costs, where applicable;
Organising the consultation procedures for the (re)evaluation of the waste reception and handling plan;
Management of the notification and cost recovery systems, including the application of reduced fees for ‘green ships’, the provision of IT systems at port level, statistical analysis and associated labour costs;
Organisation of public procurement procedures for the provision of port reception facilities, as well as the issuing of the necessary authorisations for the provision of port reception facilities in ports;
Communication of information to port users through the distribution of flyers, putting up signs and posters in the port, or publication of the information on the port’s website, and electronic transmission of the information as required in Article 5;
Management of waste management schemes: Extended Producer Responsibility (EPR) schemes, recycling and application for and implementing of national/regional funds;
Other administrative costs: costs of monitoring and electronic reporting of exemptions required in Article 9.
| 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 (EMFF);
Other funding or subsidies available to ports for waste management and fisheries.
|
ANNEX 5U.K. EXEMPTION CERTIFICATE PURSUANT TO ARTICLE 9 IN RELATION TO THE REQUIREMENTS UNDER ARTICLE 6, ARTICLE 7(1) AND ARTICLE 8 OF DIRECTIVE (EU) 2019/883 AT THE PORT[S] OF [INSERT PORT] IN [INSERT MEMBER STATE] ()
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