Abstract
Approximation of the Acquis into national legislation is an iterative process involving institutional arrangements and adoption of specific binding legal measures (quality and technical standards, testing and notification requirements, etc.) and country-specific decisions on discretionary and suggested legal measures. Having the candidate status to EU entrance and being a costal country Albania has to handle important issues as water quality and management and other issues linked with. The Directive on port reception facilities for ship-generated waste and cargo residues1 pursues the same aim as the MARPOL Convention 73/782 on the prevention of pollution by ships, which Albania has signed and ratified, and the Ballast Water Management Convention: to reduce discharges of ship-generated waste and cargo residues into the sea. The Directive focuses on ship operations in European Union ports obliging ports’ authorities to establish adequate reception facilities and to require that ships using these facilities, while the MARPOL Convention regulates discharges by ships at sea. The Directive addresses in detail the legal, financial and practical responsibilities of the different operators involved in delivery of ship-generated waste and cargo residues. The present article presents the approximation process consisting of legal transposition, practical implementation, and enforcement of the EU Directive 2000/59/EC in Albania. DOI: 10.5901/ajis.2016.v5n3s1p368
Highlights
The Directive focuses on ship operations in European Union harbours obliging ports to establish adequate reception facilities and to require that ships use these facilities, while the MARPOL Convention regulates discharges by ships at sea
The works on establishment of national system for waste reception from ships in the Albanian ports and sea areas has been started after Albania became State party to MARPOL Convention, and several ports have established their own waste reception facilities
The full transposition of the Directive on port reception facilities for ship-generated waste and cargo residues has been achieved by adopting the DCM on “Approval of Regulation on port reception facilities and requirements on shipgenerated waste and cargo residues”, the main responsibilities over the implementation of the Directive 2000/59/EC lies within the Ministry of Infrastructure and Transportation and the Ministry of Environment
Summary
The Directive focuses on ship operations in European Union harbours obliging ports to establish adequate reception facilities and to require that ships use these facilities, while the MARPOL Convention regulates discharges by ships at sea. Member States must ensure that port reception facilities are provided which meet the needs of the ships using them without causing abnormal delays. These facilities must be tailored to the size of the port and to the categories of ship calling there. A waste reception and handling plan must be drawn up in each port according to the Annex I of the Directive. These plans must be approved and assessed by the Member State it relates to. The plans must be reviewed and reapproved at least every three years
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