European Communities (Port Reception Facilities for Ship-Generated Waste and Cargo Residues) (Amendment) Regulations 2016 (S.I. No. 550 of 2016)

STATUTORY INSTRUMENTS. S.I. No. 550 of 2016 ———————— EUROPEAN COMMUNITIES (PORT RECEPTION FACILITIES FOR SHIP-GENERATED WASTE AND CARGO RESIDUES) (AMENDMENT) REGULATIONS 2016 2 [550] S.I. No. 550 of 2016 EUROPEAN COMMUNITIES (PORT RECEPTION FACILITIES FOR SHIP-GENERATED WASTE AND CARGO RESIDUES) (AMENDMENT) REGULATIONS 2016 I, SHANE ROSS, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Directive (EU) 2015/2087 of 18 November 20151, hereby make the following regulations: 1. These Regulations may be cited as the European Communities (Port Reception Facilities for Ship-Generated Waste and Cargo Residues) (Amendment) Regulations 2016. 2. The European Communities (Port Reception Facilities for Ship-Generated Waste and Cargo Residues) Regulations 2003 (S.I. No. 117 of 2003) are amended by— (a) the substitution of the following definition for the definition of “Directive”: “ ‘Directive’ means Directive No. 2000/59/EC of the European Parlia ment and of the Council of 27 November 20002, as amended by— (a) Directive 2002/84/EC of the European Parliament and of the Council of 5 November 20023, (b) Commission Directive 2007/71/EC of 13 December 20074, and (c) Commission Directive (EU) 2015/2087 of 18 November 2015;”, and (b) the substitution of the following for Schedule 1: 1OJ No. L302, 19.11.2015, p. 99 2OJ No. L332, 28.12.2000, p. 81 3OJ No. L324, 29.11.2002, p. 53 4OJ No. L329, 14.12.2007, p. 33 Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 4th November, 2016. [550] 3 “ SCHEDULE 1 Regulation 8 European Communications (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) 1. Name, call sign and, where appropriate, IMO identification number of the ship: 2. Flag State: 3. Estimated time of arrival (ETA): 4. Estimated time of departure (ETD): 5. Previous port of call: 6. Next port of call: 7. Last port and date when ship-generated waste was delivered, including the quantities (in m3) and the types of waste that were delivered: 8. Are you delivering (tick appropriate box): all ❒ some ❒ none ❒ of your waste into port reception facilities? 4 [550] 9. Type and amount of waste and residues to be delivered and/or remaining on board, and percentage of maximum storage capacity: If delivering all waste, complete second and last columns as appropriate. If delivering some or no waste, complete all columns. Type Waste to Maximum Amount Port at Estimated Waste be dedicated of waste which amount of that has delivered storage retained remaining waste to been (m3) capacity on board waste will be delivered (m3) (m3) be generated at the last delivered between port of notification delivery and next identified port of under call (m3) point 7 above (m3) Waste oils Oily bilge water Oily residues (sludge) Other (specify) Sewage (1) Garbage Plastics Food Wastes Domestic Wastes (e.g. paper products, rags, glass, metal, bottles, crockery, etc.) Cooking Oil Incinerator ashes Operational wastes Animal carcass(es) Cargo residues(2) (specify)(3) (1) Sewage may be discharged at sea in accordance with Regulation 11 of Marpol Annex IV. The correspond ing boxes do not need to be completed if it is the intention to make an authorised discharge at sea. (2) May be estimates. (3) Cargo residues shall be specified and categorised according to the relevant Annexes of Marpol, in part icular Marpol Annexes I, II, and V. [550] 5 Notes 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 noti fication. 3. This form is to be completed unless the ship is covered by an exemption in accordance with Article 9 of Directive 2000/59/EC. I confirm that: — the above details are accurate and correct, and — there is sufficient dedicated onboard capacity to store all waste gener ated between notification and the next port at which waste will be delivered. Date .................................................. Time ................................................. Signature .............................................”. GIVEN under my Official Seal, 21 October 2016. SHANE ROSS, Minister for Transport, Tourism and Sport. 6 [550] EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) These Regulations amend the European Communities (Port Reception Facili ties for Ship-Generated Waste and Cargo Residues) Regulations 2003 (S.I. No. 117 of 2003) in order to give effect to Commission Directive (EU) 2015/2087 which amends Directive 2000/59/EC which improved the availability and use of port reception facilities for ship-generated waste and cargo residues, by replac ing the text of Annex II in the earlier Directive with the text in the Annex to the later Directive. 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