Article 12
Accompanying measures 1. Member States shall: take all necessary measures to ensure that masters, providers of port reception facilities and other persons concerned are adequately informed of the requirements addressed to them under this Directive and that they comply with them; designate appropriate authorities or bodies for performing functions under this Directive; make provision for cooperation between their relevant authorities and commercial organisations to ensure the effective implementation of this Directive; ensure that the information notified by masters in accordance with Article 6 be appropriately examined; ensure that the formalities relating to the use of port reception facilities are simple and expeditious in order to create an incentive for the master to use port reception facilities and to avoid undue delays to ships; ensure that the Commission is provided with a copy of the allegations of inadequate port reception facilities referred to in Article 4(3); ensure that the treatment, recovery or disposal of ship-generated waste and cargo residues shall be carried out in accordance with Directive 75/442/EEC and other relevant Community waste legislation, in particular Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils(9) and Council Directive 91/689/EEC of 12 December 1991 on hazardous waste(10). ensure in accordance with their national legislation that any party involved in the delivery or reception of ship-generated waste or cargo residues can claim compensation for damage caused by undue delay. 2. Delivery of ship-generated waste and cargo residues shall be considered as release for free circulation within the meaning of Article 79 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(11). The customs authorities shall not require the lodging of a summary declaration in accordance with Article 45 of the Community Customs Code. 3. Member States and the Commission shall co-operate in establishing an appropriate information and monitoring system, covering at least the whole of the Community, to: improve the identification of ships which have not delivered their ship-generated waste and cargo residues in accordance with this Directive, ascertain whether the goals set in Article 1 of the Directive have been met. 4. Member States and the Commission shall cooperate in establishing common criteria for identifying ships referred to in Article 8(2)(c).
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Source: EUR-Lex (Cellar) · retrieved 2026-11-02 · Text as adopted (Official Journal); later amendments are not incorporated in this text.