S.L. 499.71 Art. 5Port reception facilities.

(1) The port or terminal operator shall ensure that adequate authorised port reception facilities be available to meet the needs of ships normally using the port or terminal in question without causing undue delay to ships.

(2) In sub-regulation (1) "adequate" means:

(a) capable of receiving the types and quantities of waste from ships normally using that port or terminal taking into account:

(i) the operational needs of the users of the port or terminal;

(ii) the size and geographical location of the port or terminal;

(iii) the types of ships calling at that port or terminal; and

(iv) any exemptions provided for under regulation 10;

(b) ensuring that the formalities and practical arrangements in place relating to the use of the port reception facilities are simple and expeditious to avoid undue delay to ships;

(c) ensuring that the fees charged for the delivery of waste do not create a disincentive for ships to use the port reception facilities; and

(d) capable of managing the waste from ships in an environmentally sound manner in accordance with Directive 2008/98/EC and any other relevant Union and national waste law:

Provided that the operator of the port or terminal shall ensure separate collection to facilitate reuse and recycling of waste from ships calling such port or terminal as required under Union waste law, in particular Directive 2006/66/EC, Directive 2008/98/EC and Directive 2012/19/EU;

Provided further that in order to facilitate this process, the operator of the port or the terminal may collect the separate waste fractions in accordance with waste categories defined in the MARPOL Convention, taking into account the guidelines thereof;

Provided further that the measures in this sub-paragraph shall apply without prejudice to the more stringent requirements imposed by Regulation (EC) No 1069/2009.

(3) A port or terminal operator may, in discharging his duties under sub-regulation (1), join with any other person in providing the port reception facilities, and references in these regulations to the provision of such facilities by the port or terminal operator shall be THE DELIVERY OF WASTE FROM SHIPS

construed accordingly; and any such power shall also include the power to arrange for the provision of such port reception facilities by any other person.

(4) The port or terminal operator shall ensure that waste delivery or reception operations are carried out with sufficient safety measures to avert risks to persons and to the environment at the respective port or terminal. Appropriate inspections to ensure compliance shall be carried out by the Authority and the competent national authorities responsible for occupational health and safety and the environment respectively.

(5) The Authority shall investigate all reported cases of alleged inadequacies regarding port reception facilities that are received, and shall use the IMO forms and procedures to notify the IMO and the reporting Flag State of the outcome of the investigation.

(6) Any party involved in the delivery or reception of waste from ships can claim compensation in terms of law and the applicable legal proceedings for any damage caused by undue delay.