Port reception facilities

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Over the course of the next few months, the content of this site will expand rapidly.

Among the topics we aim to cover, are the governance structures of EU maritime law, inland waterway transport, rules applying to seafarers, trade regulations, security issues, port regulations and competion law.

The safe disposal of ship-generated waste and cargo residues is dependent on the ready availability of adequate reception facilities in ports, including recreational ports and marinas.

The relevant legal framework of EU law is in a state of flux. Already the Commission Work Programme for 2015 foresaw under point 76 an evaluation of Directive 2000/59/EC on port reception facilities (“The objective of the evaluation is a comprehensive overview of the functioning of the Directive and an assessment of effectiveness and efficiency. The evaluation should point out problem areas, which could be addressed in a possible review of the Directive to improve and simplify the legislative framework and reduce regulatory costs. Results expected for 2015.”). The Commission Work Programme for 2016 provides under point 15 for an “initiative to adapt the Directive to substantial changes in the MARPOL Convention. In so doing, The revision also follows up on the results of the 2015 REFIT evaluation of the Directive.” Shortly after, in December 2015, a so-called “roadmap” was published, sketching the way forward for a revision of Directive 2000/59/EC.

Roadmap: REFIT Revision of EU Directive 2000/59/EC on port reception facilities for ship- generated waste and cargo residues

European Commission, DG MOVE

European Commission, DG ENV

 

International law

MARPOL Annex V. In force as of 1.1.2013

 

European law

Commission Directive (EU) 2015/2087 of 18 November 2015 amending Annex II to Directive 2000/59/EC of the European Parliament and the Council on port reception facilities for ship-generated waste and cargo residues

Directive 2000/59/EC on port reception facilities for ship-generated waste and cargo residues. Available at EUR-LEX.

Regulation (EC) No 391/2009 on common rules and standards for ship inspection and survey organisations (recast). Available at EUR-LEX.

Commission Implementing Decision (EU) 2015/668 of 24.4.2015 on amending the recognitions of certain organisations in accordance with Article 16 of Regulation (EC) No 391/2009 of the European Parliament and of the Council.

Commission Decision (EU) 2015/669 of 24.4.2015 repealing Decision 2007/421/EC on the publication of the list of recognised organisations which have been notified by Member States in accordance with Council Directive 94/57/EC

Recognised Organisations on the basis of Council Directive 94/57/EC (1998)

 

Cases before the European Court of Justice (ECJ)

Case C-308/06: The Queen on the application of the International Association of Independent Tanker Owners (Intertanko), the International Association of Dry Cargo Shipowners (Intercargo), the Greek Shipping Co-operation Committee, Lloyd’s Register, and International Salvage Union v. Secretary of State for Transport. Judgment of 3.6.2008. [2008] ECR I‑4057.

 

EMSA

See more at the EMSA web site.

 

Statements of EU Institutions

European Maritime Day – Workshop 28.5.2015 “Port reception facilities to tackle marine litter”

 

Commission 16.11.2012: IP/12/1221 “Environment: EU aiming to be at the forefront of efforts to reduce marine litter”

Commission 14.5.2009: IP/09/772 “Port reception facilities to prevent maritime pollution: Commission sends reasoned opinion to Italy”

Commission 11.3.2008: MEMO/08/156 “Questions and Answers on criminal law measures against maritime pollution”

Commission 31.1.2008: IP/08/159 “Port reception facilities for ship-generated waste and cargo residues: Commission decides to take Belgium and Estonia to the European Court of Justice”

Commission 27.6.2007: IP/07/934 “Port reception facilities for ship-generated waste and cargo residues: Commission takes Germany, Spain and Estonia to the Court of Justice”

Commission 29.6.2006: IP/06/882 “Port reception facilities for ship-generated waste and cargo residues: Commission sends reasoned opinions to Germany, Estonia and Spain and brings Greece, France, Italy, Finland and Portugal to the Court of Justice”

Commission 19.12.2005: IP/05/1633 “Port reception facilities for ship-generated waste and cargo residues: three Member States summoned to implement the rules”

Commission 11.7.2005: IP/05/890 “Port reception facilities for ship-generated waste and cargo residues: Commission sends reasoned opinions to Belgium and Hungary”

Commission 11.7.2005: MEMO/05/244 “Q&A on the new legislation on ship source pollution”

Council 30.11.2000: PRES/00/236 “PARLIAMENT - COUNCIL CONCILIATION COMMITTEE Agreement on directive on ship-generated waste”

Commission 30.7.1998: IP/98/739 “The Commission proposes a directive for common rules on port reception facilities or ship-generated waste and cargo residues”

 

Written Questions by Members of the European Parliament (rule 117)

Written Question E-014109-15 by MEP Miapetra Kumpula-Natri “Emissions from cruise ships in the Baltic” with answer by Commission Bulc of 6.1.2016

Written Question E-005551-14 by MEP Sergio Paolo Francesco Silvestris “Monitoring the consumption of cruise ships” with answer by Commissioner Oettinger of 1.7.2014

Written Question E-001776/2011 by Willy Meyer: “Subject: Infringement of Regulation (EC) No 1013/2006 on shipments of waste by Befesa Gestión de Residuos Industriales S.L.” with answer by Commissioner Mr Potočnik of 3.5.2011

Written Question P-6795/2010 by MEP Vladko Todorov Panayotov “Port reception facilities for ship-generated waste and cargo residues — protection of the marine and natural environment” with answer by Commissioner Kallas of 10.9.2010

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