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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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1.Member States may exempt a ship calling at their ports from the obligations in Article 6, Article 7(1) and Article 8 (‘the exemption’), where there is sufficient evidence that the following conditions are met:
(a)the ship is engaged in scheduled traffic with frequent and regular port calls;
(b)there is an arrangement to ensure the delivery of the waste and payment of the fees in a port along the ship’s route which:
is evidenced by a signed contract with a port or waste contractor and by waste delivery receipts;
has been notified to all ports on the ship’s route; and
has been accepted by the port where the delivery and payment take place, which can be a Union port or another port in which, as established on the basis of the information reported electronically into that part of the information, monitoring and enforcement system referred to in Article 13 and in GISIS, adequate facilities are available;
(c)the exemption does not pose a negative impact on maritime safety, health, shipboard living or working conditions or on the marine environment.
2.If the exemption is granted, the Member State where the port is located shall issue an exemption certificate, based on the format set out in Annex 5, confirming that the ship meets the necessary conditions and requirements for the application of the exemption and stating the duration of the exemption.
3.Member States shall report the information from the exemption certificate electronically in that part of the information, monitoring and enforcement system referred to in Article 13.
4.Member States shall ensure effective monitoring and enforcement of the arrangements for the delivery and payment in place for the exempted ships visiting their ports.
5.Notwithstanding the exemption granted, a ship shall not proceed to the next port of call if there is insufficient dedicated storage capacity for all waste that has been accumulated and that will be accumulated during the intended voyage of the ship until the next port of call.
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