19 JUIN 2008. - An Act to Accredit the Convention on the Collection, Deposit and Receipt of Wastes in Rhine and Inland Navigation in Annexes 1^re and 2, and Appendices I, II, III, IV and V, made in Strasbourg on 9 September 1996. - Addendum (1)

Application Regulations - Part A
Amendments to Appendix 2 for consideration
electronic payment system to replace stamps
Resolution CDNI 2010-II-1
The Conference of the Contracting Parties,
aware that the regulations should take into account modern and recognized working methods,
Considering
- that the implementation of the financing system for the reception and disposal of oily and greasy waste occurring during the operation of the buildings under the Convention should be ensured in accordance with modern and globally recognized methods of work in order to best meet the expectations of the parties concerned;
- that these methods of work should take into account the technological developments since the finalization of the Convention, integrate into the usual procedures of payment and accounting processes and provide the necessary guarantees for the protection against fraud and the preservation of data confidentiality;
Recalling the joint declaration of States signatories to the Convention of 21 September 2007,
based on articles 14 and 19 of the Convention on the Collection, Deposit and Receipt of Wastes in Rhine and Inland Navigation,
adopts the annexed version of Chapter III and sections 4.01 to 4.03 of Chapter IV of the Implementing Regulations, Part A.
This resolution comes into force on 1^er January 2011.
Annex to the resolution
PART A
CHAPTER III
Organization and financing of the disposal of oily and greasy waste occurring during the operation of the building
Article 3.01
Definitions
For the purposes of this chapter, the following terms shall be
a. "operator of the building" a natural or legal person who is in receipt of current expenses related to the operation of the building, including the purchase of the fuel used, or if not, the owner of the building.
b. "SPE-CDNI" electronic payment system, including accounts (ECO-counts), magnetic cards (ECO-cards) and mobile electronic terminals.
Article 3.02
National institution
The national institution receives the elimination award and submits to the international Equalization and Coordination Body proposals for the definition of the network of reception stations required at the national level. In addition, it has the task of registering, on a regular basis, internationally uniform quantities of oily and greasy waste that occur during the operation of the building as well as the sum of the collected disposal rewards. The national institution or competent authority controls the disposal costs. The national institution shall be represented in the international Equalization and Coordination proceeding and shall, in particular, pay the provisional and final amounts determined by this proceeding on the fixed dates and due under the financial equalization to other national institutions.
Article 3.03
Loss of disposal
1. Disposal retribution amounts to 7.5 euros (increased T.V.A.) per 1,000 l of diesel delivered. The calculation of the amount shall be based on the volume of the diesel fuel corresponding to the volume at 15 °C.
2. The obligor of disposal is the operator of the building.
3. Disposal retribution is to be paid during feeding. The amount of the transaction carried out for disposal shall be proportional to the amount of gasoline delivered.
4. Payment of disposal is made using the SPE-CDNI. National institutions operate SPE-CDNI.
5. The procedure for performing the disposal retribution using the SPE-CDNI is based on the principle of the payment of an adequate amount by the vessel operator to a national institution, on which the retributions of subsequent disposals are taken. The procedure includes the following steps:
(a) the opening at the request of the operator of the building or its agent of an ECO account to the national institution of its choice;
(b) the issuance by this national institution of one or more ECO Cards giving access to the ECO Account concerned for the payment of the disposal reward;
(c) the payment by the operator of the building or its agent to the credit of the concerned ECO-account in an appropriate amount on the bank account of the national institution for the payment of disposal payments;
(d) the payment of the disposal retribution, charged to the ECO-account concerned by means of the ECO-Map and the processing of the transaction that is carried out by the fuelling station using a mobile electronic terminal. For this purpose, the driver delivers the ECO-Map to the fuelling station at the time of feeding.
6. By derogation from paragraph 4, disposal shall be paid by the application of a written procedure in the following particular cases:
(a) SPE-CDNI fails or is out of service;
(b) the driver does not have an ECO-Map or the ECO-Map presented is not valid;
(c) the balance of the relevant ECO account is insufficient.
7. In the cases referred to in paragraph 6, the fuelling station shall communicate to the national institution of the country where it is, within a period not exceeding seven calendar days, the data required for the payment of the disposal reward relating to the delivery of the diesel fuel concerned. The national institution shall make the necessary arrangements for the collection of due remuneration. If applicable, it may return the file to another national institution.
8. In the cases referred to in paragraph 6, letters (b) and (c), administrative costs must be paid by the vessel operator to the national institution of the country where the fuelling took place; the amount of these costs shall be fixed in a uniform manner for all Contracting Parties by the International Equalization and Coordination Body.
9. In individual cases where, according to the national institution, the application of the procedure provided for in paragraphs 4 and 5 for the performance of the disposal retribution is not appropriate, the national institution is empowered to establish individual arrangements for the delivery of the diesel oil and the payment of the disposal retribution. These arrangements, which must be notified to the international Equalization and Coordination proceeding, must be in conformity with the other provisions of this chapter.
10. The modalities for the implementation of the procedures referred to in this Article shall be determined nationally after coordination within the international Equalization and Coordination Body.
Article 3.04
Control of the perception of disposal and costs
reception and disposal
1. A diesel fuel supply document must be established by the fuelling station for each diesel fuelling. It shall contain at least the following indications: name of the building, unique European number of identification of vessels, or any other indication allowing the identification of the building, name of the operator of the building or of the driver, quantity of avitailed/remise (in litres corresponding to the volume at 15°C rounded to the nearest liter), place and date, signature of the driver and the refuelling station.
2. The receipt for the disposal retribution transaction carried out through SPE-CDNI must be attached to the diesel fuel supply document. A copy of the supply document and receipt is provided to the driver who must keep it on board for at least 12 months. Copies of the supply document and receipt are retained by the fuelling station for at least 12 months.
3. In the case of the application of the written procedure referred to in section 3.03, paragraph 6, the fuelling station shall state on the supply document that the vessel operator has not paid the disposal fee.
4. The concordance between the quantities of gasoline avitailed by the buildings and the amount of the disposal rewards paid is controlled by the national institution or the competent authority on the basis of the gasoline supply evidence to be submitted by the fuelling stations.
5. The competent authority may control on board the buildings the payment of the disposal retribution as well as the quantities disposed of oily and greasy waste occurring during the operation of the building, including by comparing the travels made in the appropriate flight documents with the indications on the diesel fuel supply documentation.
6. The national institution or the competent authority may control data on the quantities disposed of from the receiving stations and the disposal costs on the basis of the appropriate documents.
7. The national institution or the competent authority is empowered to control data relating to the quantity of diesel delivered to buildings subject to the payment of the disposal.
8. The modalities of the procedures referred to in this Article shall be determined at the national level after coordination within the international Equalization and Coordination Body.
CHAPTER IV
International financial equation
Article 4.01
International Forum for Equalization and Coordination
1. The international Equalization and Coordination proceeding meets once a year in the last quarter in order to stop the financial Equalization of the previous year and to propose, where appropriate, to the Conference of the Contracting Parties an amendment to the amount of the disposal retribution and the possible adaptation of the network of reception stations in place given the needs of navigation and the efficiency of disposal. It may meet at any time on the proposal of the secretariat or at the request of representatives of two national institutions.
2. The international equalization and coordination body sets out in its rules of procedure the uniform procedures and procedures for the implementation of the provisional and annual equalizations.
3. All financial transactions related to disposal are expressed in euros.
Article 4.02
Provisional financial equation
1. National institutions communicate to the secretariat of the International Equalization and Coordination Body on a quarterly basis, at 1^er February, 1^er May, 1^er August and 1^er November:
(a) quantities of oily and greasy waste collected and disposed of during the previous quarter;
(b) the total costs of receiving and eliminating the quantities indicated in (a) above;
(c) the amount of diesel delivered to vessels subject to the obligation to pay for disposal;
(d) the total amount of disposal rewards received;
(e) the financial consequences of the measures referred to in Article 6, paragraph 1, fifth sentence of the Convention.
The modalities of this procedure are decided by the International Equalization and Coordination Body.
2. For each quarter that has elapsed, based on the figures provided in accordance with paragraph 1^er above and by applying the equalization procedure provided for in Article 4.04 below, the International Equalization and Coordination Authority shall calculate the provisional amounts of the quarterly financial equalization and transmit them to national institutions within two weeks of receipt of all communications provided for in paragraph 1^er.
3. National debtor institutions for the quarterly financial equalization are required to make payments due to national creditors within four weeks of receiving the payment order.
Article 4.03
Annual financial equation
1. National institutions present to the secretariat of the International Equalization and Coordination Body their annual balance sheet for the past year, by 15 October of the current year. During its ordinary meeting, the international Equalization and Coordination proceeding sets the financial equalization of the previous year.
2. National institutions are required to make payments due under the final financial equalization for the previous year in accordance with section 4.02, paragraph 3 above.
Resolution CDNI 2010-II-2
Entry into force of Part A of the CDNI Convention
The Conference of the Contracting Parties,
Recalling that the 9 September 1996 Convention on the Collection, Deposit and Receipt of Wastes in Rhine and Inland Navigation entered into force on 1^er November 2009,
taking into account the importance of a simultaneous entry into force of the provisions of Part A of the Regulations for the Application of Annex 2 to the Convention in all Contracting States,
Recalling the measures taken jointly to that effect and the forthcoming national implementation of the amendment made by resolution CDNI 2010-II-1 of 8 June 2010 to the Regulations for the Integration of the Electronic Payment System,
abrogates Resolution CDNI 2009-I-6,
decides that Article 6 of the said Convention shall be applicable to 1^er January 2011.
This resolution will enter into force on 30 June 2010.
(1)See Belgian Monitor of 22 October 2009, 9 March 2010 and 3 August 2010 (Ed. 2).