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Legislation

Title: Port facilities for waste from ships, including cargo residues
Sectors of Transport: Environment and climate change, Transport, Waste, Maritime & inland waterways
Weblinks: https://eur-lex.europa.eu/legal-content/AUTO/?uri=CELEX:32019L0883
Port facilities for waste from ships, including cargo residues

Port facilities for waste from ships, including cargo residues

 

SUMMARY OF:

Directive (EU) 2019/883 – port reception facilities for the delivery of waste from ships

WHAT IS THE AIM OF THE DIRECTIVE?

It aims to protect the marine environment from the negative effects of waste from ships using European Union (EU) ports, by improving port reception facilities for waste from ships.

KEY POINTS

Fees

  • Under the new rules, ships will pay an indirect fee to cover the cost of the scheme, giving them the right to deliver their waste to a port, whether or not they deliver any waste. This fee will also apply to fishing vessels and recreational craft, aiming to help prevent discarded fishing nets and waste accidentally caught in fishing nets going directly into the sea.
  • In certain cases, if a ship delivers an exceptional amount of waste, an additional direct fee may be charged to ensure that the costs related to receiving such waste do not create a disproportionate burden on a port’s cost-recovery system.
  • Fees may be differentiated depending on, for example, the category, type and size of the ship and the type of traffic the ship is engaged in. A reduced fee applies to ‘green ships’, meaning vessels that can demonstrate reduced quantities of waste and sustainable on-board waste management.

Port facilities

EU Member States must ensure that port facilities:

  • can receive the types and quantities of waste from ships normally using that port;
  • avoid delays;
  • don’t charge excessive fees which may discourage ships from using them;
  • manage ships’ waste in an environmentally appropriate way in accordance with Directive 2008/98/EC (EU waste management law) and other EU legislation on waste.

Exemptions and exceptions

The directive does not apply to military vessels.

The directive contains rules on delivering waste, including advance notice of deliveries, with special arrangements applying to ships running to a schedule and making frequent and regular port calls.

Inspection and penalties

Ships may be inspected to verify compliance with the requirements of the directive. Member States must ensure that the directive is implemented and apply effective, proportionate and dissuasive penalties.

Legislative alignment

The directive aligns EU legislation with the amended International Convention for the Prevention of Pollution from Ships (Marpol) which focuses on operations at sea, to which the EU is a party.

The directive repeals Directive 2000/59/EC and amends Directives 2009/16/EC on port state control and 2010/65/EU on reporting formalities for ships.

The directive is part of the circular economy policy and the plastics strategy of the European Commission.

FROM WHEN DOES THE DIRECTIVE APPLY?

It has applied since 27 June 2019 and had to become law in the Member States by 28 June 2021.

BACKGROUND

For further information, see:

  • Ships (European Commission).

MAIN DOCUMENT

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 (OJ L 151, 7.6.2019, pp. 116–142).

RELATED DOCUMENTS

Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC (OJ L 283, 29.10.2010, pp. 1–10).

Successive amendments to Directive 2010/65/EU have been incorporated into the original document. This consolidated version is of documentary value only.

Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ L 131, 28.5.2009, pp. 57–100).

See consolidated version.

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, pp. 3–30).

See consolidated version.

last update 27.01.2022

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