S.I. No. 376 of 2009

EUROPEAN COMMUNITIES (PORT RECEPTION FACILITIES FOR SHIP-GENERATED WASTE AND CARGO RESIDUES) (AMENDMENT) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 22nd September, 2009.

I, NOEL DEMPSEY, Minister for Transport, 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 Directive No. 2007/71/EC of the European Parliament and of the Council of 13 December 2007 1 , hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Port Reception Facilities for Ship-Generated Waste and Cargo Residues) (Amendment) Regulations 2009.

(2) The European Communities (Port Reception Facilities for Ship-Generated Waste and Cargo Residues) Regulations 2003 are amended by the substitution of the following for Schedule 1:

Regulation 8

"SCHEDULE 1 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

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:

8. Are you delivering

of your waste into the waste reception facilities?

(*) Tick appropriate box.

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.

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 notification.

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:

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

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

Date

Time

Signature ".

GIVEN under my Official Seal,

17 September 2009.

NOEL DEMPSEY,

Minister for Transport.

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 discharge of sewage into the sea, especially illegal discharges, from ships using ports in the Community, by improving the availability and use of port reception facilities, thereby enhancing the protection of the marine environment.

1 OJ No. L329, 14.12.2007, p.33.