Within the general policy of environmental protection, one of the fundamental concerns of the European Union and its Member States is the protection of its seas and coasts. And within this policy, it is particularly important to limit discharges to the sea of waste from ships, in order to reduce pollution in our seas.

Directive 200 /59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues was enacted in the implementation of that policy. This Royal Decree, which is replacing the current Royal Decree 438/1994 of 11 January, regulating the facilities for the reception of oily waste from the Member States, is the subject of this Royal Decree. vessels.

This Royal Decree has a vocation of generality, so its provisions will apply to all Spanish waste, ships and ports, whether they are dependent on the General Administration of the State or the Autonomous Communities.

This Royal Decree aims to strengthen the protection of the marine environment and improve the availability and use of port reception facilities for waste. To this end, the procedure for prior communication of the quantity and type of waste transported by the captains of the vessels arriving at the Spanish ports, is regulated, in the general tariff system, the use of the port reception facilities, plans for the reception and handling of waste by the managing bodies of the ports are expected to be approved and, finally, the exercise of the powers of inspection and the adoption of measures is intensified. Precautionary measures by the Maritime Capitanies.

In its virtue, on the proposal of the Ministers for Development and the Environment, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on 20 December 2002,

DISPONGO:

Article 1. Purpose.

This Royal Decree aims to reduce discharges to the sea of the waste generated by the ships and the waste of the cargo they carry, preventing the illegal discharges from the ships that use Spanish ports, improving the availability and use of port facilities for receiving such waste and waste and thus increasing the protection of the marine environment.

Article 2. Definitions.

1. For the purposes of this Royal Decree, it is understood by:

(a) "Buque" means all types of shipping vessels operating in the marine environment, including alisafos, as well as hovercraft, submersibles and floating devices.

(b) "Marpol 73/78": The International Convention for the Prevention of Pollution from Ships, 1973, as amended by its 1978 Protocol, in its current version.

(c) "Ship-generated waste" shall mean all waste, including waste water and waste other than cargo, produced during the service of the vessel and covered by Annexes I, IV and V of Marpol 73/78, as well as waste-related waste as defined in the Guidelines for the implementation of Annex V to Marpol 73/78.

(d) "Load Waste" means the remains of any cargo material on board in cargo holds or tanks and which remain after completion of the discharge procedures and the cleaning operations, including waste resulting from loading and unloading operations and spills.

(e) "receiving port facility" means the managing body or the undertaking authorised for the receipt of waste generated by vessels and cargo residues and, where appropriate, for the storage, classification and prior treatment of those, and their transfer to a treatment facility authorised by the competent authority. This undertaking must be provided with the appropriate material, fixed, floating or mobile means, human, organisational and procedural means for the development of the activity of reception and, if appropriate, of the other activities referred to above, the conditions set out in this Royal Decree and other applicable rules.

f) "fishing vessel" means any vessel equipped or used for commercial purposes for catching fish or other living resources of the sea. In particular, it shall be understood as a fresh fishing vessel that lacks the capacity to freeze the extracted resources.

g) "Recreational craft" means any type of vessel, irrespective of its means of propulsion, intended for sport or leisure activities.

(h) "Port" means a place or sea area that meets natural, natural or artificial conditions and organisation that permit the carrying out of port traffic operations of vessels, including fishing vessels and vessels; recreational craft, and be authorised for the development of these activities by the competent authority.

i) "Port management entity": The public entity at whose position the administration and management of a port, jetty, maritime terminals and offshore installations are located, either state or regional ownership. Within this name are the Port Authorities of the State-owned ports and the competent authorities in the ports under the jurisdiction of a coastal Autonomous Community.

2. Without prejudice to the definitions in paragraphs (c) and (d) of paragraph 1, 'waste generated by ships' and 'cargo wastes' is considered to be 'waste' within the meaning of Article 3 (a) of Law 10/1998 of 21 April 1998. Waste.

Article 3. Scope of application.

1. The provisions of this Royal Decree will apply to:

(a) Ships, including fishing vessels and recreational craft, whatever the flag they fly, to call or to operate in a Spanish port, except for warships, naval units (a) auxiliary vessels and vessels which, being owned or operated by a State, only provide government services of a non-commercial nature for the time being.

(b) All Spanish ports in which the vessels included in the scope of application provided for in the preceding paragraph are normally and normally made to scale.

(c) All waste generated by ships and cargo residues referred to in the technical annexes to the Marpol 73/78 Convention which have been ratified by the Spanish State and published in the "Official State Gazette".

2. The Ministry of Defence and the holders or operators of ships exempted from the scope of this Royal Decree shall take measures to ensure that vessels discharge their waste and cargo residues in a manner consistent with the requirements of this Directive. established in this Royal Decree.

Article 4. Port reception facilities.

1. The ports shall have adequate facilities for the reception of the waste generated by the vessels and the cargo residues, which satisfy the needs of the vessels which normally use the port and those types of vessels which, although they do not normally use the port, they participate in the most relevant traffic of goods with that port, without causing unnecessary delays.

Waste management and handling plans, as referred to in Article 5, shall determine the characteristics and conditions of the operations and facilities for the reception of waste and waste and shall comply with the standards basic, technical and service provided by the competent authorities and provide users with the necessary information relating to such operations and installations.

2. The reception facilities for each port must be in a position to receive the type and quantities of waste generated by the vessels and cargo residues of the vessels referred to in the previous paragraph, taking into account the the operational needs of the users of that port, the size and geographical location of the port, the types of vessels to scale in that port and the exemptions provided for in accordance with Article 9.

To this end, the managing body of the port will determine the needs of the reception of waste in each of the ports under its competence, in function of the characteristics of the previewed maritime traffic, establishing the minimum technical and service conditions required for each type of receiving facility. To this end, the said entity will request, as a mandatory, report to the Maritime Capitania, which will be binding as regards the necessary reception capacity per operation and per day, types and quantities of waste and waste to receive, and in general, all those operational aspects of the port reception facility related to the port-port interface.

3. The managing body of the port shall ensure the provision of the service in accordance with its own legal system, either through undertakings authorised for the exercise of the activity or through direct or indirect management where, in accordance with the applicable legislation, be the holder of that legislation.

To provide the reception service, the operators of the port facilities must be in possession, at least, of the authorisations and certificates listed below:

(a) Operators of receiving port facilities which collect, transport, handle or treat waste generated by vessels or cargo residues shall have the authorisations granted in accordance with the provisions of this Regulation. established in Law 10/1998 or in the rules which, in its development, dictate the Autonomous Communities in whose field they serve.

(b) Operators of receiving port facilities using floating means to provide reception services to ships, without prejudice to other authorisations which are required, shall obtain a certificate of aptitude issued by the General Directorate of the Merchant Navy, according to the model in Annex IV to this Royal Decree.

4. Taking into account the types of waste generated by vessels or cargo residues they receive, the port reception facilities are classified in the following categories:

(a) Marpol Annex I: Those receiving waste generated by vessels or oil cargo residues from the vessels listed in Annex I to the Marpol 73/78 Convention. This class is, in turn, subdivided into three sub-classes:

1. Type A: Those receiving waste generated by ships or cargo residues of crude oil and ballast water contaminated with crude oil.

2. Type B: Those receiving waste generated by ships or cargo residues of hydrocarbons and ballast water contaminated with petroleum products other than crude oil and whose density is less than or equal to 1.

3. Type C: Those receiving waste generated by ships from the machines chamber or from the fuel and oil purification equipment of the engines of the vessels.

(b) Marpol Annex II: Those receiving cargo residues of noxious liquid substances from ships, included in Annex II to the Marpol 73/78 Convention.

(c) Marpol Annex IV: Those receiving dirty water from ships, included in Annex IV to the Marpol 73/78 Convention.

(d) Marpol Annex V: Those receiving solid waste from ships, included in Annex V to the Marpol 73/78 Convention.

e) Other waste and waste: It covers waste or waste not included in the above categories and of which the ship is required to divest. Included in this section are materials such as discarded electrical batteries, debris of material from maintenance works carried out on board (thermal insulation linings, remains of paint coatings), etc.

5. The operators of the port reception facilities must complete a record of the services they provide to the vessels, where the following data must be included at least:

a) The date and time the service delivery starts.

b) Service end date and time.

c) Ship name and flag.

d) Quantity and type of residue received.

e) Incidents occurring during service delivery.

6. The register must be documented in a book, which is enabled by the managing body of the port where the service is provided, which may allow the book to be replaced by a computerised register which meets the due reliability guarantees.

7. The book shall be registered or, where appropriate, the computerised register may be consulted by the competent authorities, and the information contained therein shall be available for such consultations for a period of five years.

8. Complaints relating to possible deficiencies in the provision of the waste reception service generated by ships and cargo residues shall be addressed to the managing body of the port where the service is provided and shall be processed in accordance with the administrative rules and procedures applicable to their nature.

Article 5. Waste reception and handling plans.

1. The managing body of the port shall approve and apply, after consultation with the stakeholders and the users of the port and in accordance with the guidelines set out in Annex I, a plan for the reception and handling of waste. The content of the plan shall ensure the proper environmental management of the waste and shall be updated at least every three years and whenever significant changes affecting the operation of the service are introduced.

2. In the case of ports managed or coordinated by the same public authority, a common waste reception and handling plan may be drawn up for all of them, with the appropriate participation of each port and provided that the needs and the characteristics of the facilities available to each of them.

3. The entity or body exercising the control powers of the port managing body shall monitor the implementation of the waste reception and handling plans and their updating as provided for in paragraph 1.

Article 6. Notification.

1. The master of a vessel which is headed to a Spanish port must complete the form set out in Annex II with accuracy and accuracy and notify the relevant Maritime Captaincy and the port of the port with the information. The following is set out:

a) At least twenty-four hours prior to the intended arrival of the vessel, or

b) As soon as the port of call is known, if that information is available less than twenty-four hours before its arrival, or

c) At the latest at the time of departure from the port of departure, if the duration of the trip is less than twenty-four hours.

2. Where the vessel has not indicated in the notification its intention to deliver waste or waste to the receiving port facility, but has been obliged, as provided for in Article 7 (3), to discharge the waste, the Maritime Capitania shall inform the managing body of the port. The master of the vessel shall request the receiving service to a receiving port facility authorised in that port, sending a copy of that request to the managing body and making the payment of the fee for the service The requested waste reception.

3. A copy of the notification shall be kept on board until the next port of call and shall be at the disposal of the Maritime Captaincy of that port if it is a Spanish port and the competent authorities concerned if it is a foreign port.

4. Fresh fishing vessels and sport or recreational craft authorised for a maximum of 12 passengers shall make the reduced notification set out in Annex V, in accordance with the following rules:

(a) In the case of ships or vessels of any kind based on a Spanish port, they shall, on an annual basis, justify the delivery of all types of waste to a receiving port facility before the Maritime Captaincy of its port. authorized.

(b) In other cases on arrival of the vessel to the first Spanish port, in the case of vessels or vessels from foreign ports or international fishing grounds.

Article 7. Delivery of the waste generated by the vessels.

1. The master of a vessel calling at a Spanish port shall, before leaving the port, provide all the waste generated by the vessel in a receiving port facility.

2. The vessel may leave the port of call without delivering the waste in that port, however, if it has been expressly authorised for this purpose by the Maritime Captaincy of that port, which shall base such authorisation on the information provided in the notification issued in accordance with Article 6 and with the result of the inspection carried out on board the vessel, if it has been carried out, if it follows that the vessel has sufficient storage capacity for the vessel concerned. for all accumulated waste generated and those that are expected to be generated during the cruise to the next port of call.

3. Where there are reasonable grounds to assume that the port on which the vessel intends to deliver the waste does not have adequate port reception facilities or if that port is undetermined and there is a risk that the waste will be At sea, the Maritime Captaincy will order the discharge of all the waste on board. The same resolution shall be adopted if the notification requirement laid down in Article 6 has been breached, if the Maritime Capitania finds that the storage conditions of the waste on board are not suitable for storage or that it is may exceed the capacity of the spaces for this purpose during the journey to the next port with adequate port reception facilities.

4. The resolution adopted by the Maritime Capitania pursuant to paragraphs 2 and 3, as well as the exemptions granted pursuant to Article 9, shall inform the managing body of the port without delay.

5. The receiving port facility shall issue to each ship using its waste reception services a Marpol waste receipt, in accordance with the unified model set out in Annex III.

To be valid, this document must have the endorsement of the Maritime Captaincy of the port where the delivery took place. For fresh fishing vessels and recreational craft authorised for up to 12 passengers, the receiving port facility shall issue a single annual receipt declaring the regular delivery at that facility, throughout the said facility. period, of the ship's waste. The receipt shall be presented in the Maritime Capitania for endorsement.

Article 8. Charges applicable to the receipt of waste generated by vessels.

1. The costs of the waste management service generated by the vessels shall be borne by the payment of tariffs by the vessels, in accordance with the provisions of their specific legislation, which shall permit the management of the waste. generated by ships through a cost recovery system that incentivises ships not to discharge their waste at sea.

2. For the determination of the tariff system, in the case of vessels other than those referred to in paragraph 3, the following principles shall apply:

(a) Any vessel calling in a Spanish port shall contribute a significant proportion to the costs referred to in paragraph 1 of this Article, irrespective of the actual use it makes of port facilities; In order to establish a system of specific standard rates for the collection of waste generated by ships, a system of standard rates will be established. Such tariffs may be differentiated according to factors such as the frequency of the scales, the type and size of the vessel, among others.

(b) The part of the costs not covered by the tariff referred to in subparagraph (a) shall be covered by a supplementary fee depending on the type and quantity actually delivered of the waste generated by the vessel. corresponding.

(c) A system of reduction of these tariffs may be established for vessels whose master is able to demonstrate satisfactory to the Maritime Captaincy of the port of call by presenting the documentation technical and inspection of the conditions of the vessel alleged, that the environmental management of the vessel, or its design, equipment or operation are such that the vessel generates reduced quantities of waste. The reduction of tariffs must be requested by the master of the vessel, who will contribute together with the application a certification issued by the Maritime Captaincy of the port of call, of annual validity, in which it is stated that the ship gathers the appropriate conditions for the granting of the requested tariff reduction. The conditions governing the granting of the said certification will be approved by the Order of the Minister of Public Works.

3. Fresh fishing vessels and recreational craft for up to 12 passengers shall pay the fees corresponding to the cost of the service actually received.

4. The tariffs will be fair, transparent and non-discriminatory, and will reflect the cost of facilities and services. The port users shall be informed of the amounts of these tariffs and the corresponding basis of calculation.

Article 9. Exemptions.

1. The master of a ship operating in regular traffic with frequent and regular stops in certain ports may request to the Maritime Captaincy of any of the ports of call of these routes a total or partial exemption of the obligations Article 6 (1) and Article 7 (1) provide sufficient justification for the existence and implementation of a plan which ensures the delivery of the waste generated by the vessel and the payment of the corresponding charges, in one of the port of call located on the routes. The Maritime Captaincy shall grant the total or partial exemption from the request, by means of an exemption certificate, if the Captain of that vessel proves satisfactorily that his shipowner, operator or his representatives have signed a contract with a port reception facility operating in one of the ports on its route, which ensures that all its waste is collected when the ship stops at that port so that the storage capacity of the vessel is not exceeded in any of its journeys; available on board for each type of waste.

The certificate will have an annual validity. For renewal, a receipt of the delivery of waste issued by the receiving port facility and endorsed by the competent authority shall be accompanied by the total amount of waste actually delivered during that period.

The master of the ship obtaining the certification of exemption issued by the Maritime Captaincy, within the meaning of the preceding paragraph, may obtain from the managing body of the port where the discharge is not carried out. bonus, as determined by the competent body for the regulation of the corresponding tariffs.

When the said contract for the collection of waste is not applicable to all types of waste generated by the ship, the exemption from the delivery of waste granted shall be partial and only applicable to certain types of waste. wastes.

In the case provided for in the preceding paragraph, the exemption from the payment of the tariff set out in Article 8.2.a), if granted, shall be partial and determined by the competent authority in accordance with its rules of procedure. specifies.

2. The conditions governing the granting of exemption certificates by the Maritime Capitanies, as referred to in Article 9 (1), shall be developed by the Order of the Minister for Public Works.

3. The exemptions granted pursuant to Article 9 (1), and their justification, shall be communicated by the Directorate-General of the Merchant Navy to the managing entities of the ports situated on the route of the vessel and to the corresponding Capitanies. in the case of Spanish ports or the port state if they are foreign.

4. Where, pursuant to paragraphs 1, 2 and 3, the vessel is granted an exemption, and its route varies, significant changes in its waste management systems or those remaining out of service shall be subject to the exemption. without effect.

5. The Ministry of Public Works shall inform the Commission of the European Communities and the International Maritime Organisation once a year of the exemptions granted to vessels, their validity and the conditions under which they have been granted. granted.

Article 10. Delivery of the cargo residues.

1. The master of a vessel calling at a Spanish port shall ensure that the waste from the cargo is delivered to a port facility receiving port in accordance with the provisions of the Marpol 73/78 Convention.

2. The fees due for the delivery of the waste from the load shall be paid by the user of the receiving port facility.

3. In the event that the Spanish port of call, in consideration of the usual traffic that it supports and as foreseen in the plan of reception and handling of waste, does not have a receiving port facility suitable for receiving the waste of the load in accordance with paragraph 1, the Maritime Captaincy shall authorise the departure of the ship with the waste on board to the next port where it is feasible to discharge, unless exceptional circumstances warrant the discharge. refusal to be expressly indicated by the Maritime Captaincy.

4. Where the circumstances described in paragraph 3 are met, the Maritime Captaincy of the port of departure shall inform the ship's next port of call, if this is Spanish, or the competent authorities in the case of in the case of a foreign port, and shall request the recipient of the information to confirm that the discharge of waste has been carried out in the manner required in this Article.

Article 11. Compliance.

1. Vessels entering a Spanish port may be subject to inspections to be carried out by the Maritime Captaincy to verify compliance with Articles 7 and 10.

2. In order to facilitate the operations of the vessel under inspection, the Maritime Capitania shall, as far as possible, attempt to bring the vessel together with the remainder of its actions to be carried out on board the vessel.

3. Inspections may be of a selective nature, for which the following criteria shall apply:

(a) Priority shall be given to vessels which, being obliged, have not complied with the notification requirements laid down in Article 6.

(b) The inspection of vessels which, having complied with the notification requirements provided for in Article 6, is also a matter of priority shall be a reasonable doubt, in the information provided by the master. the vessel, in relation to the proper compliance with the provisions of this Royal Decree and the Marpol 73/78 Convention.

4. This inspection may be carried out in accordance with the provisions of Royal Decree 768/1999 of 7 May 1999 approving the Regulation for the control of compliance with international regulations on maritime safety, prevention of pollution and living conditions and work on foreign vessels using ports and facilities located in Spanish waters. Irrespective of the framework in which such inspections are carried out, the obligation laid down in Article 5 of the Royal Decree of 25 per 100 inspections shall apply.

5. If the Maritime Captaincy is not satisfied with the results of the inspection referred to in the preceding paragraphs, it shall ensure that the ship does not leave the port until it has delivered its waste and cargo to a facility receiving port in accordance with Articles 7 and 10.

6. Where there is sufficient evidence that the vessel has left a port without having complied with the provisions of Articles 7 and 10, the Maritime Captaincy of that port shall notify the competent authority of the following port of call of the port of call. ship, if that port is foreign, or to the Maritime Captaincy of that port of call if this port is Spanish.

7. In the case referred to in paragraph 6, if the following port of call is Spanish, without prejudice to the opening of the relevant sanctioning file in accordance with Article 13, the vessel concerned shall not be allowed to leave. this port until a sufficiently detailed inspection is carried out to verify the satisfactory compliance with the provisions of this Royal Decree.

8. The retention of a vessel pursuant to this Article shall be carried out by the summary procedure laid down in Article 40 of the Regulation on the Inspection and Certification of Civil Ships, approved by Royal Decree 1837/2000 of 10 November.

Article 12. Accompanying measures.

1. The managing body of each port shall take all necessary measures to inform the captains, port reception facilities and, in general, the other users of the port of the requirements affecting them, as a result of the content of this Royal Decree.

2. The administrations exercising the control powers of the ports shall be responsible for supervising compliance with the rules contained in this Royal Decree and for the implementation, where appropriate, of the appropriate corrective measures, in accordance with the powers conferred on it by the legislation in force.

3. The Maritime Captaincy in the geographical area of which a port is located shall be responsible for examining and analysing the notifications submitted by the masters of the vessels to that port, in accordance with the requirements of Article 6; and adopt any additional measures that they consider necessary to verify the accuracy of the data contained in each notification.

4. Administrations exercising the control powers of the ports shall ensure that the waste management plans referred to in Article 5 include an effective procedure for the use of port facilities. receiving, in such a way as to encourage their use by captains and avoid unnecessary delays for ships.

5. The Administrations exercising the powers of control of the ports will provide annually to the Ministry of Development a relation of the complaints submitted to the managing entities of the ports subject to their jurisdiction, on alleged deficiencies in the service provided to the vessels by the port reception facilities referred to in paragraph 7, including any allegations arising. The Ministry of Public Works shall transmit this information to the Commission of the European Communities.

6. The competent environmental and health authorities shall ensure that the treatment, recovery and disposal of the waste generated by the vessels and the cargo residues are carried out in accordance with Law 10/1998 and other applicable rules.

7. Any party involved in the delivery or receipt of waste generated by vessels or cargo residues may require compensation for damage caused by an unjustified delay, by bringing the relevant claim in accordance with the legislation in force.

8. The delivery of ship-generated waste and cargo residues shall be considered as "Dispatch for Free Practice" for customs purposes, in accordance with the provisions of the Community Customs Code and the national legislation in agreement.

9. The Ministry of Public Works shall provide the Commission of the European Communities with the cooperation required by Directive 2000 /59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for waste generated by ships and cargo residues.

Article 13. Penalties.

The maritime authority and the Port Authorities of the ports of general interest will sanction the breaches of the obligations established in this Royal Decree, in accordance with the provisions of Law 27/1992, of 24 of November, of Ports of the State and of the Merchant Navy, without prejudice to the sanctioning regime applicable in the case of the managing entities of autonomous ports of ownership, and in Law 10/1998.

Article 14. Assessment.

1. The Council of Ministers will appoint the competent bodies to draw up a progress report on the implementation of this Royal Decree.

2. The report referred to in paragraph 1 of this Article shall be drawn up by the designated bodies, with a periodicity of three years from the date of entry into force of this Royal Decree, and shall be forwarded to the Ministry of Public Works, once approved, it will be transferred to the Commission of the European Communities.

3. All public and private bodies and entities involved in the implementation of this Royal Decree shall, as far as is necessary, cooperate in the preparation of the report referred to in the preceding paragraphs of this Article.

First transient disposition. Upgrading existing installations.

1. The holders of the port reception facilities that are currently providing their services in the Spanish ports under authorization or concession will have to adapt to the requirements established by this Royal Decree in the six months from its entry into force.

2. The fees payable for the collection of the waste generated by the vessels and the waste of the cargo will be the ones currently in force, until the administrations that exercise the powers of control of the managing entities of the ports they are appropriate to the adequacy of their tariff systems to the principles laid down in Article 8. Such adequacy should be carried out within nine months, from the entry into force of this Royal Decree.

Second transient disposition. Wastewater.

With regard to the waste water referred to in Article 2 (c), the application of this Royal Decree shall be suspended until 27 September 2004, 12 months after the entry into force of Annex IV to the Regulation. Marpol 73/78 Convention, while respecting the distinction made in this Convention between new ships and existing ships.

Single repeal provision. Regulatory repeal.

The Royal Decree 438/1994 of 11 March 1994 governing the reception facilities for oil waste from ships and any other provision of equal or lower status is hereby repealed. What is established in this Royal Decree.

Final disposition first. Competency enablement.

This Royal Decree is dictated by the provisions of Article 149.1.20. and 23. of the Constitution.

Final disposition second. Regulatory enablement.

The Minister of Public Works is empowered to issue, within the scope of his powers, the precise rules for the development and application of this Royal Decree, as well as to modify the content of its annexes when it is necessary to collect new data in order to exercise better control in the prevention of pollution of the marine environment.

Final disposition third. Entry into force.

This Royal Decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid on December 20, 2002.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIANO RAJOY BREY

ANNEX I

Prescriptions for Port Waste Reception and Handling Plans

1. The plans will cover all types of ship-generated waste and cargo residues from ships that normally call at the port, and will be drawn up on the basis of the size of the port and the type of vessels calling at the port. the.

2. The plans will address the following elements:

a) Assessment of the needs of port reception facilities, on the basis of ships normally calling at the port.

b) Description of type and capacity of port reception facilities.

c) Detailed description of the procedures for the reception and collection of ship-generated waste and cargo residues.

d) Description of the rate regime.

e) Procedures for pointing out alleged deficiencies of port reception facilities.

f) Permanent consultation procedures with port users, waste contractors, terminal operators and other stakeholders; and

g) Type and quantities of ship-generated waste and cargo residues received and handled.

3. In addition, the following additional information must be included in the plans:

a) A list of applicable regulations and relevant paperwork for delivery.

b) Identification of the person or persons responsible for the implementation of the plan.

c) A description of the port's pretreatment equipment and processes, if any.

d) A description of methods of recording the actual use of port reception facilities.

e) A description of methods of recording the quantities of waste generated by ships and cargo residues received; and

f) A description of the disposal of ship-generated waste and cargo residues.

4. The procedures for reception, collection, storage, treatment and disposal shall in all respects be in conformity with an appropriate environmental management plan for the progressive reduction of the environmental impact of such activities. Such conformity shall be taken for granted if the procedures comply with Council Regulation (EEC) No 1836/93 of 29 June 1993 allowing undertakings in the industrial sector to join a system on a voluntary basis. Community management and environmental audit.

5. Information to be made available to all port users:

a) Brief reference to the fundamental importance of proper delivery of ship-generated waste and cargo residues.

b) Situation of the receiving port facilities for each dock, with a diagram or map for its easy location.

c) List of waste generated by ships and cargo residues usually treated.

d) List of the contact points, operators and services offered, as well as the port information office.

e) Description of the delivery procedures.

f) Description of the rate regime; and

g) Procedures for notification of alleged deficiencies of port reception facilities.

6. The information referred to in the previous paragraph shall be drawn up and distributed in English to foreign vessels whose crew does not know Spanish.

ANNEX II

Notification model before entering the target port

ANNEX III

MARPOL Waste Receipt Model

ANNEX IV

Port receiving facility floating media fitness certificate model

ANNEX V

Reduced notification model for fresh and sport or recreational fishing vessels