S.I. No. 117/2003 - European Communities (Port Reception Facilities For Ship-Generated Waste and Cargo Residues) Regulations 2003

1. This information may be used for Port State Control and other inspection purposes.

2. Member States will determine which bodies will receive copies of this notification.

3. This form shall be completed unless the ship is covered by an exemption in accordance with Article 9 of Directive 2000/59/EC.

I confirm that

(a) the above details are accurate and correct, and

(b) there is sufficient dedicated onboard capacity on our ship to store all waste generated between notification and the next port at which waste will be delivered.

Date _________________________________

Time _________________________________

Signature _____________________________

SCHEDULE 2

Regulation 12

Requirements for Waste Reception and Handling Plans in Ports

ANNEX I OF DIRECTIVE

Plans shall cover all types of ship-generated waste and cargo residues originating 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 following elements shall be addressed in the plans

- an assessment of the need for waste reception facilities, in light of the need of the ships normally visiting the port;

- a description of the type and capacity of waste reception facilities;

- a detailed description of the procedures for the reception and collection of ship-generated waste and cargo residues;

- description of the charging system;

- procedures for reporting alleged inadequacies of waste reception facilities;

- procedures for ongoing consultations with port users, waste contractors, terminal operators and other interested parties; and

- type and quantities of ship-generated waste and cargo residues received and handled.

In addition, the plans should include

- a summary of relevant legislation and formalities for delivery;

- identification of a person or persons to be responsible for the implementation of the plan;

- a description of the pre-treatment equipment and processes in the port, if any;

- a description of methods of recording actual use of the waste reception facilities;

- a description of methods of recording amounts of ship-generated waste and cargo residues received; and

- a description of how the ship-generated waste and cargo residues are disposed of.

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 the Council Regulation (EEC) No 1836/93 of 29 June 1993

(1)

allowing voluntary participation by companies in the industrial sector in a Community eco-management and audit scheme.

Information to be made available to all port users

- brief reference to fundamental importance of proper delivery of ship-generated waste and cargo residues;

- location of waste reception facilities applicable to each berth with diagram or map;

- list of ship-generated waste and cargo residues normally dealt with;

- list of contact points, the operators and the services offered;

- description of procedures for delivery;

- description of charging system; and

- procedures for reporting alleged inadequacies of port waste reception facilities.

GIVEN under my Official Seal,

this 20

th

day of March 2003.

DERMOT AHERN

Minister for Communications, Marine and Natural Resources

EXPLANATORY NOTE

(

This note is not part of the Instrument and does not purport to be a legal interpretation.

)

The purpose of these Regulations is to reduce the discharges of ship-generated waste and cargo residues into the sea, especially illegal discharges, from ships using ports in the Community, by improving the availability and use of port reception facilities for ship-generated waste and cargo residues, thereby enhancing the protection of the marine environment.

1

OJ No. L332, 28.12.2000, p. 81.

1

OJ No. L332, 28.12.2000, p. 81.

(1)

Tick appropriate box.

(2)

May be estimates.

(2)

May be estimates.

(1)

OJ No. L168, 10.7.1993, p.1.

4. Cargo residues (

(2)

) (specify)

Notes

5. Previous port of call

6. Next port of call

7. Last port and date where ship-generated waste was delivered

8. Are you delivering

(1)

all

some

none

of your waste into the waste reception facilities?

9. Type and amount of waste and residues to be delivered and/or remaining on board, and percentage of maximum storage capacity

Note: If delivering all waste, complete second column as appropriate.

If delivering some or no waste, complete all columns.

Type

Waste to be delivered m

3

Maximum dedicated storage capacity m

3

Amount of waste retained on board

Port at which remaining waste will be delivered

Estimated amount of waste to be generated between notification and next port of call m

3

10. Where a local competent authority is satisfied that a ship -

(a) is engaged in scheduled traffic with frequent and regular port calls, and

(b) has an arrangement to -

(i) deliver its ship-generated waste, and

(ii) pay its fees in a port along its route,

the local competent authority may, with the approval of the Minister, grant an exemption to that ship from the obligations contained in Regulation 6(1), Regulation 8 and Regulation 9, or any of them, on such terms as the local competent authority may consider appropriate.

Inspections.

11. (1) Competent authorities may carry out one or more inspections and examinations of any ship in order to verify that it has complied with Regulations 6 and 7.

(2) Paragraphs (3), (4) and (5) shall not apply to recreational craft authorised to carry 12 or fewer passengers or to fishing vessels.

(3) If the competent authority is not satisfied with the results of such inspection and examination carried out under paragraph (1) it shall -

(a) require the ship to remain in port until it has delivered its ship-generated waste and cargo residues to the waste reception facility in accordance with Regulations 6 and 7, or

(b) if the ship is at sea, require the ship to proceed to the waste reception facility designated by the competent authority and deliver its ship-generated waste and cargo residues to the waste reception facility in accordance with Regulations 6 and 7.

(4) If the competent authority has reason to believe that a ship may have left its previous port without -

(a) having complied with Regulation 6 or 7, or

(b) where appropriate, the equivalent provisions under the law of another Member State,

it shall require that the ship remain in port until an investigation has been carried out to determine compliance with these Regulations and the Directive, including the accuracy of any information provided in accordance with Regulation 8. This procedure is not a sanction and is without prejudice to any penalty imposed by virtue of Regulation 14.

(5) The national competent authority shall carry out, or cause to be carried out, an annual total number of inspections and examinations corresponding to at least 25 per cent of the number of individual ships that enter ports in the State during a representative calendar year.

Waste reception and handling plans.

12. (1) (a) Local competent authorities shall develop and, following approval by the Minister, implement an appropriate waste reception and handling plan for their respective ports.

(b) In drawing up its waste reception and handling plan the local competent authorities shall consult with the relevant parties, in particular with port users or their representatives, and have regard to their obligations under the Waste Management Acts 1996 and 2001 these Regulations and Articles 4, 6, 7, 10 and 12 of the Directive. Detailed requirements for the development of such plans, as set out in Annex I of the Directive, are set out in Schedule 2.

(2) The waste reception and handling plans referred to in paragraph (1) may where required for reasons of efficiency, be developed in a regional context by the local competent authorities concerned, provided that the need for, and availability of, waste reception facilities are specified separately for each port for which they are responsible.

(3) The Minister shall evaluate each waste reception and handling plan, in so far as it relates to the terms of the Directive, and shall approve such plans without modifications or with such modifications as the Minister specifies as being required for compliance with the Directive. The Minister shall monitor implementation of the plan as approved.

(4) A local competent authority shall submit an updated plan at least every 3 years to the Minister for approval. In the event of significant changes occurring in the operation of a port, the local competent authority shall submit a plan to the Minister to deal with the significant changes, irrespective of when the plan had been updated.

(5) Every local competent authority shall furnish to the Minister at least on an annual basis, or more frequently as may be requested by the Minister, in such form as the Minister shall determine, a status report on the waste reception facilities for each port for which the local competent authority is responsible.

(6) The Minister shall ensure, through the approval of waste reception and handling plans, that the formalities relating to the use of waste reception facilities are simple and expeditious in order to create an incentive for the master to use those facilities and to avoid undue delays to ships.

(7) Without prejudice to sections 4 and 6 of the

Fishery Harbour Centres Act 1968

(No. 18 of 1968) the Minister shall provide such facilities (if any) in a fishery harbour centre as he or she considers necessary to give effect to these Regulations and to the Directive.

Offences.

13. (1) Summary proceedings for an offence under these Regulations may be brought and prosecuted by the Minister.

(2) In any proceedings under these Regulations for an alleged offence committed before 27 September 2008 involving sewage it shall be presumed until the contrary is shown that the ship concerned is a ship to which Regulation 1(2)(a) relates.

(3) Where an offence under these Regulations is committed by a body corporate and the offence is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any wilful neglect on the part of, any person being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body, shall be guilty of an offence and is liable to be proceeded against and punished as if he or she was guilty of the first-mentioned offence.

Savers.

14. These Regulations are in addition to, and not in substitution for, the following

(a) the Waste Management Acts 1996 and 2001 and Regulations made thereunder;

(b) the Sea Pollution Acts 1991 and 1999 and Regulations made thereunder;

(c) the Diseases of Animals Acts 1966 to 2001 and Regulations and Orders made thereunder, in particular -

(i) the Diseases of Animals (Feeding and Use of Swill) Order 1985 (

S.I. No. 135 of 1985

);

(ii) the Diseases of Animals (Feeding and Use of Swill) (Amendment) Order 1987 (

S.I. No. 133 of 1987

);

(iii) the Diseases of Animals Act (Prohibition on Use of Swill) Order 2001 (

S.I. No. 597 of 2001

).

SCHEDULE 1

Regulation 8

European Communities (Port Reception Facilities for Ship Generated Waste and Cargo Residues) Regulations 2003.

AND

Directive No. 2000/59/EC of the European Parliament and of the Council

ANNEX II OF DIRECTIVE

INFORMATION TO BE NOTIFIED BEFORE ENTRY INTO

THE PORT OF __________________________________

Port of destination as referred to in

Article 6 of Directive 2000/59/EC

I, DERMOT AHERN, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by

section 3

of the

European Communities Act 1972

(No. 27 of 1972), for the purpose of giving effect to Directive No. 2000/59/EC of the European Parliament and of the Council of 27 November 2000

1

, hereby make the following regulations

Citation and commencement.