Changes to the UK Legislation Governing
Port Waste Reception Facilities
Amending UK law so as to cover the delivery of sewage to port waste
reception facilities, in order to implement the remaining requirements of
Directive 2000/59/EC (which relates to port reception facilities for ship
generated waste and cargo residues)
A Consultation Document
November 2005
Department for Transport
CONTENTS
1.
Executive summary…………………………………………….2
2.
The consultation process………………………………………4
3.
Background……………………………………………………...6
4.
Issues and proposals…………………………………………...9
5.
Conclusion………………………………………………………16
Annex A:
List of Consultees ……………………………………………….18
Annex B:
Response Form ………………………………………………….20
Annex C:
Draft Merchant Shipping and Fishing
Vessels (Port Waste Reception Facilities)
(Amendment) Regulations 2006……………………………….25
Annex D:
The Consultation Code of Practice and Criteria……………29
Annex E:
Draft partial Regulatory Impact Assessment……………….31
Annex F:
The Merchant Shipping and Fishing Vessels
(Port Waste Reception Facilities) Regulations 2003………41
Annex G:
EC Port Reception Facilities Directive……………………….55
1
Executive Summary
It is widely recognised within the international community of maritime states that, in
order to leave no excuse for ships to resort to the unacceptable practice of illegally
discharging their waste at sea, there must be a properly planned system of reception
facilities in ports which are easy-to-use and cost-effective. This is one of the
requirements of the International Convention on the Prevention of Pollution by Ships
(MARPOL 73/78). Provisions for reception facilities in ports have also been set out in
the European Community's Directive 2000/59/EC on port reception facilities for shipgenerated waste and cargo residues ("the port reception facilities Directive"); and are
embodied in UK legislation in the Merchant Shipping (Port Waste Reception
Facilities) Regulations 2003.
Currently the UK legislation does not cover sewage as the EC Directive provided a
12 month lag following the entry into force of Annex IV to MARPOL 73/78. The
purpose of this consultation document therefore is to seek views on the way in which
the UK intends to amend the national legislation so that it covers sewage, in order to
implement the remaining requirements of the port reception facilities Directive. This
consultation document concentrates on those elements of the Directive which will
result in a change to what the UK currently does and the ensuing practical
implications.
Chapter 1 outlines the consultation process, and Chapter 2 sets out the background.
Chapter 3, the main body of the document, covers issues and proposals. After
describing how the UK's existing port waste reception facilities regime works and
considering the significant changes which will result from adoption of the Directive, it
then focuses in more detail on, and asks a range of specific questions in relation to:
 prior notification;
 delivery
 fee charge;
 practical implications.
2
Chapter 4, the Conclusion, explains how to obtain additional copies of the document
[or to find it on the Internet], provides a contact point for questions concerning the
consultation and gives the address to which comments should be sent.
The Annexes to the document are: a list of consultees (Annex A); a response form
(Annex B); the draft Regulations through which the UK will implement the Directive
(Annex C); the criteria contained in the Government's Code of Practice on Written
Consultation (Annex D); a draft partial Regulatory Impact Assessment (Annex E); a
copy of the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities)
Regulations 2003 (Annex F) and a copy of the EC port reception facilities Directive
(Annex G).
While the MCA is the competent authority which carries out many of the
administrative functions referred to in the Directive, the development of the UK
legislation and this consultation package is being carried out by the Department for
Transport. Comments on this document and its annexes should be sent to the
address below. The consultation period will last for twelve weeks from 28 November
2005 till 17 February 2005. Comments should be sent no later than 17 February
2005.
Peter Grant
Shipping Policy 2 Division
Department for Transport
Zone 2/28
Great Minster House
76 Marsham Street
LONDON
SW1P 4DR
Alternatively comments may be sent by fax on 020 7944 2186
Or by email to peter.grant@dft.gsi.gov.uk
3
Chapter 1
The Consultation Process
1.1 The Department for Transport aims to consult the ports industry, the shipping
industry, the waste industry, environmental non-governmental organisations, nondepartmental
public
bodies,
other
Government
departments,
Devolved
Administrations and any others who express an interest on the extension of the UK's
port waste reception facilities regime to cover ship-generated sewage.
1.2 The consultation is being conducted in accordance with the Government's Code of
Practice on Written Consultation. The criteria contained within the Code have been
reproduced in Annex D to this consultation document. If you have any complaints
about the consultation process, please contact:
Andrew D Price
Consultation Co-ordinator
Department for Transport
Zone 9/9 Southside
105 Victoria Street
London, SW1E 6DT
Email: consultation@dft.gsi.gov.uk
1.4 This document invites your comments on: the draft Regulations in general and on a
range of specific issues in particular and on a draft partial Regulatory Impact
Assessment. A response form is at Annex B. The last date for receipt of responses to
this formal consultation will be 17 February 2005.
1.5 After 17 February 2005, we will collate all responses and respond to comments
raised by consultees in writing.
1.6 We will then prepare a final Regulatory Impact Assessment. We will present the
Regulations and the final Regulatory Impact Assessment to the Minister of State for
Transport.
4
1.7 We propose to publish the guidance twelve weeks before the Regulations come into
force.
1.8 We intend to bring the Regulations into force as early as possible in the summer of
2006.
Confidentiality
1.9 Information provided in response to this consultation, including personal information,
may be published or disclosed in accordance with the access to information regimes
(these are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection
Act 1998 (DPA) and the Environmental Information Regulations 2004).
1.10 If you want the information that you provide to be treated as confidential, please be
aware that, under the FOIA, there is a statutory Code of Practice with which public
authorities must comply and which deals, amongst other things, with obligations of
confidence. In view of this it would be helpful if you could explain to us why you
regard the information you have provided as confidential. If we receive a request for
disclosure of the information we will take full account of your explanation, but we
cannot give an assurance that confidentiality can be maintained in all circumstances.
An automatic confidentiality disclaimer generated by your IT system will not, of itself,
be regarded as binding on the Department.
1.11The Department will process your personal data in accordance with the DPA and in
the majority of circumstances; this will mean that your personal data will not be
disclosed to third parties.
5
Chapter 2
Background
2.1 Ships which cannot rely on being able to discharge their waste at reception facilities
in ports may resort to illegally discharging their waste at sea. Consequently, one way
of reducing pollution of seas and coasts is to make sure that port waste reception
facilities are available, easy-to-use and cost-effective. Under the International
Convention on the Prevention of Pollution by Ships (MARPOL 73/78), ships have an
obligation to discharge certain wastes in ports, and ports in turn have an obligation to
provide adequate facilities.
2.2 The UK's existing legislation governing port waste reception facilities is the Merchant
Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003.
Whereas these Regulations built on earlier UK legislation, they were also the means
by which the UK implemented European Community Directive 2000/59/EC on port
reception facilities for ship-generated waste and cargo residues ("the port reception
facilities Directive") which was published in the Official Journal of the European
Communities on 28 December 2000, and entered into force on that same day.
2.3 Article 2(c) of the EC Directive defines 'ship-generated waste' as 'all waste, including
sewage, and residues other than cargo residue, which are generated during the
service of a ship and fall under the scope of Annexes I, IV and V to MARPOL 73/78
and cargo-associated waste as defined in the Guidelines for the implementation of
Annex V to MARPOL 73/78'. However, Article 16(1) of the Directive had the effect of
suspending the implementation of the Directive insofar as it related to sewage until
'12 months after the entry into force of Annex IV to MARPOL 73/78', i.e. until 27
September 2004.
2.4 Annex IV of MARPOL 73/78 addresses the Prevention of Pollution by Sewage from
Ships. It has subsequently been amended by MEPC Resolution MEPC.115(51) and it
is this revised Annex IV that entered into force internationally on the 27 September
2003. The Annex stipulates technical treatment systems that are required onboard
vessels and where vessels may legally discharge sewage. The Annex applies to
vessels over 400gt or those vessels certified to carry 15 or more persons. For
6
existing ships these requirements do not come into force until 27 September 2008 (5
years after the entry into force of the revised Annex IV). The Annex consists of 12
regulations and sets out the administrative and technical arrangements for ship
generated sewage. In particular it sets the distances from shore at which vessels can
legally discharge sewage, dependent upon the type of treatment technology onboard.
The UK ratified the original Annex IV in September 1995 and is currently in the
process of drafting legislation to implement the provisions of the revised Annex into
UK law.
2.5 The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities)
(Amendment) Regulations 2006 will amend the 2003 Regulations so as to implement
the requirements of the port reception facilities Directive, in so far as those
requirements relate to sewage1. Consequently harbour authorities and terminal
operators will be required to ensure the provision of facilities at ports and terminals
for the reception of ship-generated sewage, without causing undue delay to ships.
These facilities will need to meet the needs of all users, from the largest merchant
ship to the smallest recreational craft.
2.6 The purpose of this consultation document is to seek the views of your organisation
(or your own views, if this document has been sent to you as an individual, rather
than as a member of an organisation) on the way in which the UK intends to
implement the port reception facilities Directive as set out in this document.
2.7 Most of the questions contained in this consultation document will not directly affect
the content of the proposed legislation, the Merchant Shipping and Fishing Vessels
(Port Waste Reception Facilities) (Amendment) Regulations 2006, but will influence
the practical arrangements which are made under the Regulations. The draft
Regulations are attached at Annex C.
“Sewage” is defined in Annex IV to MARPOL as “drainage and other wastes from any form
of toilets and urinals, drainage from medical premises (dispensary, sick bay etc) via wash
basins, wash tubs and scuppers located in such premises, drainage from spaces containing
living animals, or other waste waters when mixed with the drainages defined above.” The
definition of “sewage” used in the draft Regulations follows this definition very closely,
although for drafting reasons it is not identical.
1
7
Chapter 3
Issues and proposals
How the UK's existing port waste reception facilities regime works
3.1 This is a simple overview of the UK's existing port waste reception facilities regime,
specifically intended to aid comparison with the new Regulations. It deliberately
excludes elements of the UK's existing regime which have no read-across to the new
Regulations (e.g. provisions relating to noxious liquid substances or to cargo
residues). For a complete and authoritative description of the UK's existing regime,
the reader should refer to the Merchant Shipping (Port Waste Reception Facilities)
Regulations 20032, Port Waste Management Planning – A Guide to Good Practice3
and Marine Guidance Notes 253 & 2594.
3.2 The UK's existing regime applies to all harbours in the UK, and to all ships calling at
or operating in those harbours except for warships, naval auxiliaries or other ships
owned or operated by a state and used for government non-commercial service5.
3.3 Harbour authorities and terminal operators are required to provide waste reception
facilities which are adequate to meet the needs of all ships normally using their
harbours or terminals without causing undue delay to the ships. Consistent with the
needs of the ships using their harbours or terminals, there should also be waste
reception facilities for oil and oily mixtures, cargo residues, noxious liquid substances
and for garbage. Harbour Authorities are required to provide actual facilities for
garbage. However for oil and oily mixtures, cargo residues and noxious liquid
substances the port can provide a list of licensed contractors for vessels to contract
with to provide facilities, remove and dispose of the waste accordingly.
2
More details on the Merchant Shipping (Port Waste Reception Facilities)
Regulations 2003 can be found at: http://www.mcga.gov.uk/c4mca/mcga-3mgn_253-port_waste_reception_facilities.pdf
3
Published by the MCA: http://www.mcga.gov.uk/c4mca/guidetgp_-final_version.pdf
4
Available from: http://www.mcga.gov.uk/c4mca/mcga-guidance-regulation/mcgadops_pr_guidance___regulations_-_mgn.htm
5
As outlined in the document titled Port waste management planning - A guide to
good practice.
8
3.4 Harbour authorities (or, in some circumstances, terminal operators) are required to
make a charge for providing these facilities, and the charge applies to ships
irrespective of whether they use the reception facilities. This is a mandatory,
"irrespective of use" charge.
3.5 Ships are required:
a)
to give prior notification to harbour authorities or terminal operators of
their intention to deliver ship-generated waste, and of the types and
quantities which they intend to deliver;
b)
to deliver their ship-generated waste to the reception facilities, except in
the circumstances where:
i.
the master proposes to deliver the waste at a future port of call,
and
ii.
the ship has sufficient dedicated storage capacity for the waste
which has accumulated and will accumulate en route to the
intended port of delivery, and
iii.
the Secretary of State does not have reason to consider the
proposed arrangement unsatisfactory (eg on the grounds that the
ship has insufficient storage capacity, or that the intended port of
delivery does not have adequate reception facilities or that the
intended port of delivery is not known to the Secretary of State);
c)
to pay the charge imposed by the harbour authority (or the terminal
operator).
3.6 The requirement to give prior notification and the requirement to pay the mandatory
charge do not apply to:

fishing vessels, or
9

recreational craft authorised to carry or designed to carry no more than
12 passengers,
3.7 However they are still required to land their waste and pay on a commercial basis for
the waste delivered.
3.8 In addition, the Secretary of State has powers to make exemptions in certain
circumstances from the requirements on a ship to give prior notification, to deliver its
ship-generated waste and to pay the mandatory charge.
How the new Regulations will alter the existing UK regime
3.9 The new Regulations do not reduce the requirements contained in the existing UK
regime. All the requirements imposed by the existing regime will continue to apply.
3.10 The new Regulations will not prohibit ships from making lawful discharges into the
sea. For example, vessels that utilise an approved onboard sewage treatment plant
which has been certified as meeting the operational requirements referred to in
regulation 9, paragraph 1.1 of Annex IV of MARPOL, may in certain circumstances
discharge the effluent into the sea.
3.11 The new Regulations will impose additional requirements on harbour authorities and
terminal operators, and on most ships. The effects of the new Regulations on harbour
authorities and terminal operators, and on the different types of ship, are set out in
the following paragraphs.
3.12 The new requirements relating to sewage will not apply to existing ships6 until 27
September 2008.
An “existing ship” is defined in the new Regulations as a ship which is not a new
ship. A “new ship” is defined as a ship in respect of which a building contract is
placed on or after 27 September 2003, or (if there is no building contract) the keel of
which is laid or which is at a similar stage of construction on or after 27 September
2003, or the delivery of which is on or after 27 September 2006.
6
10
Harbour authorities and terminal operators
3.13 In addition to the waste reception facilities which currently exist, harbour authorities
and terminal operators will also be required to ensure the provision of waste
reception facilities for ship-generated sewage7 which are adequate8 to meet the
needs of ships normally using their harbours or terminals without causing undue
delay to the ships. This is in accordance with the International Convention on the
Prevention of Pollution by Ships (MARPOL 73/78).
3.14 In calculating the mandatory, 'irrespective of use' charge which they are required to
apply to ships, harbour authorities (or, in some circumstances, terminal operators)
will need to factor in any costs which they incur as a consequence of ensuring the
provision of waste reception facilities for ship-generated sewage.
Warships, naval auxiliaries or other ships owned or operated by a state and used for
government non-commercial service
3.15 No change. As with the existing UK regime, the new requirements relating to sewage
will not apply to warships, naval auxiliaries or other ships owned or operated by a
state and used for government non-commercial service.
Vessels that cannot enter the marine environment
3.16 No change. As with the existing UK regime, vessels that cannot enter the marine
environment are exempt from the requirements of the new regulations. Please refer
to section 8.1 of the Port Waste Management Planning – A Guide to Good Practice
for a list of vessels that cannot enter the marine environment.
7
Ship-generated sewage means 'all sewage which is generated during the service of
a ship'. ”Sewage” is defined in regulation 2 of the draft Regulations, and follows very
closely the MARPOL definition set out in the footnote to paragraph 2.5 above.
8
In this context, “adequate” means: capable of receiving the types and quantities of
prescribed wastes from ships normally using that harbour or terminal taking into
account: the operational needs of the users of the harbour or terminal, its size, its
geographical location, the types of ships calling there and any exemptions provided
for under regulation 15 of the 2003 Regulations as.
11
Other ships (excluding fishing vessels and recreational craft authorised to carry or
designed to carry no more than 12 passengers)
3.17 In addition to their obligations under the existing UK regime, these ships will be
required:

to deliver their ship-generated sewage to the reception facilities, except
in the circumstances described in paragraph 3.5(b)(i)-(iii) above;

to pay the charge imposed by the harbour authority (or the terminal
operator), which may include an element to cover the cost of ensuring
the provision of reception facilities for ship-generated sewage.
Fishing vessels
3.18 In addition to their obligations under the existing UK regime, fishing vessels will be
required:

to deliver their ship-generated sewage to an appropriate reception
facility, except in the circumstances described in paragraph 3.5(b)(i)-(iii)
above;

to pay on a commercial basis for the ship-generated sewage they have
delivered to that facility.
Recreational craft authorised to carry or designed to carry no more than 12
passengers
3.19 In addition to their obligations under the existing UK regime, recreational craft
authorised to carry or designed to carry no more than 12 passengers will be required:

to deliver their ship-generated sewage to the reception facilities, except
in the circumstances described in paragraph 3.5(b)(i)-(iii) above;
12

to pay on a commercial basis for the ship-generated sewage they have
delivered
Enforcement and sanctions
3.20 If there is clear evidence that a ship has proceeded to sea without delivering its shipgenerated sewage which it ought to have delivered, the Harbour Authority or
Terminal Operator must immediately inform the Maritime and Coastguard Agency.
3.21 The Maritime and Coastguard Agency will enforce the legislation in the UK. If a ship
is suspected of non-compliance with the UK legislation and its next port of call is a
port of another EEA state, the Secretary of State must inform the competent authority
of the state in which the port is situated about the ship and the evidence.
3.22 If the owner or master of a ship is suspected of non-compliance they will be guilty of
an offence and liable on summary conviction to a fine not exceeding the statutory
maximum and on conviction on indictment to a fine.
Regulatory impact and compliance cost issues
3.23 We would be grateful for consultees' comments on and contributions to the
Regulatory Impact Assessment which is attached as Annex E, and for views on the
extent to which the new requirements of the Directive constitute an additional burden.
A response form can be found at Annex B.
3.24 In calculating the mandatory, "irrespective of use" charge which they are required to
apply to ships, harbour authorities (or, in some circumstances, terminal operators)
will need to factor in any costs which they incur as a consequence of ensuring the
provision of waste reception facilities for ship-generated sewage. It is our perception
that this may place a slight additional burden upon the UK ports industry and
shipping industry, but that it should not represent a significant financial burden. We
do not, however, have figures to substantiate this and we would welcome responses
which contribute to quantifying the costs involved and any additional administrative
burden.
It should be noted that harbour authorities do not have to provide the
13
reception facilities themselves - they just have to ensure that the facilities are
provided, whether by the harbour authorities or by contractors.
3.25 The questions, as in the Regulatory Impact Assessment, are:
Question 1: How much of a burden do you perceive the new requirements of
the Directive to be on both the ports and shipping industry?
Question 2 (for the ports industry): Can you indicate the size of your business
and how much it currently costs, operationally and administratively, to ensure
the provision of waste reception facilities at your facility? How much additional
cost do you expect to incur from the new provision of waste reception facilities
for ship-generated sewage? Or do you consider that the additional cost will be
so low as to be negligible?
Question 3 (for the shipping industry): Can you indicate the size of your
business and how much it currently costs, operationally and administratively,
to comply with the requirements for the delivery of waste? How much
additional cost do you expect to incur by complying with the new requirements
for the delivery of ship-generated sewage? Or do you consider that the
additional cost will be so low as to be negligible?
Question 4 (for the marine leisure industry): Can you indicate how much it
costs, operationally and administratively, to comply with the requirements for
the delivery of waste? How much additional cost do you expect to incur by
complying with the new requirements for the delivery of ship-generated
sewage? Or do you consider that the additional cost will be so low as to be
negligible?
Question 5 (for the ports industry): Do you consider it likely that you will need
to provide facilities within the port/terminal for reception of sewage on a
permanent basis or will it be adequate to provide information about the
availability of contractors?
14
Question 6 (for the ports industry): Do you expect to see a substantial quantity
of sewage being landed from vessels either to port facilities or to contractors?
Question 7 (for the waste disposal industry): Can you forecast the additional
capacity that might be needed as a result of the implementation of this
legislation?
15
Chapter 4
Conclusion
4.1 DfT would welcome your organisation's views on the draft Regulations, the draft
partial regulatory impact assessment document and any other issues arising from the
port reception facilities Directive which you may wish to raise.
4.2 If you require a further copy of this document, please write to Peter Grant at Shipping
Policy 2 Division, Department for Transport, Zone 2/28, Great Minster House, 76
Marsham Street, LONDON SW1P 4DR, accessible by telephone on 020 7944 5404
or send an Email to Peter.Grant@dft.gsi.gov.uk.
4.3 This
document
is
also
available
on
the
Internet
at
http://www.dft.gov.uk/stellent/groups/dft_control/documents/contentservertemplate/dft
_index.hcst?n=6767&l=1.
4.4 Please note that responses to this consultation may be made public, unless
respondents specifically ask for their responses to be treated as confidential.
However if you have requested your response to be treated as confidential please be
aware that this will only be possible if it is consistent with the Freedom of Information
obligations, as set out in the Freedom of Information Act and the Environmental
Information Regulations.
4.5 If you have any questions regarding confidentiality and Freedom of Information
please contact Peter Grant:
By telephone: 020 7944 5404
Or by email: Peter.Grant@dft.gsi.gov.uk
4.6 If you have questions concerning this consultation, you may contact [Godfrey Souter
at Shipping Policy 2 Division, Department for Transport, Zone 2/28, Great Minster
House, 76 Marsham Street, LONDON SW1P 4DR, accessible by telephone on 020
7944 5126 or by Email at Godfrey.Souter@dft.gsi.gov.uk.]
16
4.7 Please send your responses to Peter Grant at: Shipping Policy 2 Division,
Department for Transport, Zone 2/28, Great Minster House, 76 Marsham Street,
LONDON SW1P 4DR; or by Email at Peter.Grant@dft.gsi.gov.uk, no later than 17
February 2005.
17
ANNEX A
LIST OF CONSULTEES
Advisory Committee on Protection of the Sea
Association of Port Health Authorities
British Marine Aggregate Producers Association
British Marine Federation
British Maritime Law Association
British Ports Association
British Shippers Council
British Tug Owners Association
Chamber of Shipping
Convention of Scottish Local Authorities
Countryside Council for Wales
Crown Estate
Department for Trade and Industry
Department for Environment, Food and Rural Affairs
Department of the Environment in Northern Ireland - Environmental Policy
Group
Department of the Environment in Northern Ireland - Environment And
Heritage Service
English Nature
Environment Agency
Environmental Campaigns - ENCAMS
Environmental Services Association
Friends of the Earth UK
Greenpeace UK
HM Treasury
Home Office
Institute of Chartered Shipbrokers
Institute of Environmental Assessment
Joint Nature Conservation Committee
KIMO
Local Government Association
Marine Conservation Society
Maritime and Coastguard Agency
Ministry of Defence
18
National Assembly for Wales
National Federation of Fishermen's Organisations
National Union of Rail, Maritime and Transport Workers
Northern Ireland Fishing Federation
Northern Lighthouse Board
NUMAST
Offshore Contractors' Association
Offshore Supply Vessels Trade Association
P&O
Ports and Terminals Group (BMEC)
Royal Society for the Protection of Birds
Royal Yachting Association
Scottish Executive, Environment and Rural Affairs Department
Scottish Environment Protection Agency
Scottish Fishermen's Federation
Scottish Natural Heritage
Shellfish Association of Great Britain
Small Business Service
Surfers against Sewage
Transport and General Workers' Union
Trinity House
UK Association of Private Terminal Operators
UK Harbour Masters' Association
UK Major Ports Group
UK Offshore Operators Association
UK Maritime Pilots Association
Water UK
Whale and Dolphin Conservation Society
Wildlife and Countryside Link
Worldwide Fund for Nature UK
Yacht Charter Association
19
ANNEX B
RESPONSE FORM
RESPONSE FORM FOR THE CONSULTATION PAPER ON: PORT WASTE
(SEWAGE) RECEPTION FACILTIES
Respondent Details
Please return by 17 February 2005
Name:
Peter Grant
Shipping Policy 2
2/28 Great Minster House
76 Marsham Street
London
SW1P 4DR
Organisation:
Address:
Fax: 020 7944 2186
Email: Peter.Grant@dft.gsi.gov.uk
Town/City:
County/Postcode:
Telephone:
Fax:
E-mail:
Tick this box if you are requesting non-disclosure of your response, subject to our
obligations under the Freedom of Information Act.
Please return by (DATE) to:
a) How much of a burden do you perceive the new requirements of the
Directive to be on both the ports and shipping industry?
Comments:
20
b) For the ports industry: Can you indicate the size of your business and how
much it currently costs, operationally and administratively, to ensure the
provision of waste reception facilities at your facility? How much additional
cost do you expect to incur from the new provision of waste reception
facilities for ship-generated sewage? Or do you consider that the additional
cost will be so low as to be negligible?
Comments:
21
c) For the shipping industry: Can you indicate the size of your business and
how much it currently costs, operationally and administratively, to comply with
the requirements for the delivery of waste? How much additional cost do you
expect to incur by complying with the new requirements for the delivery of
ship-generated sewage? Or do you consider that the additional cost will be
so low as to be negligible?
Comments:
22
d) For the marine leisure industry: Can you indicate how much it costs,
operationally and administratively, to comply with the requirements for the
delivery of waste? How much additional cost do you expect to incur by
complying with the new requirements for the delivery of ship-generated
sewage? Or do you consider that the additional cost will be so low as to be
negligible?
Comments:
e) For the ports industry: Do you consider it likely that you will need to provide
facilities within the port/terminal for reception of sewage on a permanent
basis or will it be adequate to provide information about the availability of
contractors?
Comments:
23
f) For the ports industry: Do you expect to see a substantial quantity of
sewage being landed from vessels either to port facilities or to contractors?
Comments:
g) General comments:
Thank you for taking the time to reply. We do not intend to acknowledge
individual responses unless by request.
24
ANNEX C
DRAFT 12 – 31 October 2005 (Q:asd/mar/005/007/005)
Draft Regulations laid before Parliament under paragraph 2 of Schedule 2 to the European
Communities Act 1972 and section 130D(3) of the Merchant Shipping Act 1995, for approval
by resolution of each House of Parliament.
DRAFT STATUTORY INSTRUMENTS
2006 No. 0000
MERCHANT SHIPPING
The Merchant Shipping and Fishing Vessels (Port Waste Reception
Facilities) (Amendment) Regulations 2006
Made
-
-
-
-
XXXX 2006
Coming into force -
-
XXXX 2006
These Regulations are made in exercise of the powers conferred upon the Secretary of State by
section 2(2) of the European Communities Act 1972(1) and sections 130A(1) and (2), 130B(1), (2)
and (5) to (7), 130C(1), (2) and (7) and 130D(1) and (2) of the Merchant Shipping Act 1995(2).
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European
Communities Act 1972 in relation to measures relating to maritime transport(3).
In accordance with section 130A of the Merchant Shipping Act 1995 the Secretary of State has
consulted the organisations referred to in section 306(4) of that Act, in so far as these Regulations
are made in exercise of the powers conferred by section 130A of that Act.
A draft of this instrument has been laid before Parliament in accordance with paragraph 2 of
Schedule 2 to the European Communities Act 1972 and section 130D(3) of the Merchant Shipping
Act 1995 and approved by a resolution of each House of Parliament.
Accordingly the Secretary of State makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Port Waste
Reception Facilities) (Amendment) Regulations 2006 and shall come into force on the day after
the day on which they are made.
(1)
1972 c.68.
(2)
1995 c.21; sections 130A, 130B, 130C and 130D were inserted by section 5 of the Merchant
Shipping and Maritime Security Act 1997 (c.28).
(3)
S.I. 1994/757.
25
Amendments
2. —(1) The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities)
Regulations 2003(1) are amended in accordance with the following paragraphs.
(2) In regulation 2(1)–
(a) after the definition of “the Directive”, insert the following definitions–
““EEA State” means a member State, Norway, Iceland or Liechtenstein;
“existing ship” means a ship which is not a new ship;”;
(b) after the definition of “Merchant Shipping Notice”, insert the following definition–
““new ship” means a ship–
(a) in respect of which a building contract was placed on or after 27th September 2003,
or
(b) in the absence of a building contract, the keel of which was laid or which was at a
similar stage of construction on or after 27th September 2003, or
(c) the delivery of which is on or after 27th September 2006;”;
(c) at the end of the definition of “prescribed wastes”, add–
“(d) ship-generated sewage;”;
(d) after the definition of “relevant inspector”, insert the following definition–
““sewage” means–
(a) drainage and other wastes from any form of toilets and urinals,
(b) drainage from medical premises (dispensary, sick bay etc.) via wash basins, wash
tubs and scuppers located in such premises,
(c) drainage from spaces containing living animals, or
(d) other waste waters when mixed with any drainage referred to in sub-subparagraph
(a), (b) or (c);”;
(e) after the definition of “ship”, insert the following definition–
““ship-generated sewage” means all sewage which is generated during the service of a
ship;”; and
(f) after the definition of “ship-generated waste”, insert the following definition–
““similar stage of construction” means–
(a) a stage at which construction identifiable with a specific ship begins, and
(b) assembly of that ship has commenced comprising at least 50 tonnes or 1 per cent of
the estimated mass of all structural material, whichever is the less;”.
(3) In regulation 2(2)–
(a) in sub-paragraph (b), for the words “member State” substitute “EEA State”; and
(b) in sub-paragraph (c), for the words “a member State”, substitute “an EEA State”.
(4) In regulation 2(4), at the end add the following paragraph–
“(5) Any power under these Regulations to give a direction includes power to vary or
revoke the direction by a subsequent direction.”.
(5) In regulation 3–
(a) in paragraph (2), for “and (4)” substitute “, (4) and (5),”; and
(b) at the end of paragraph (4), add the following paragraphs–
“(5) In so far as–
(1)
S.I. 2003/1809.
26
(a) regulation 12, and
(b) the charges referred to in paragraph (1) or (2) of regulation 13,
respectively relate to ship-generated sewage, regulations 12 and 13 shall not apply to
existing ships until on and after 27th September 2008.”.
(6) In regulation 11–
(a) in paragraph (5)(a), for “a member State” substitute “an EEA State”; and
(b) for paragraph (6), substitute the following–
“(6) The master of a United Kingdom ship calling at a port of another EEA State shall–
(a) if the previous port of call of the ship was a port in an EEA State; and
(b) the competent authority of the EEA State where the ship is calling requests it,
produce to the competent authority, immediately on request, a copy of the notice retained in
accordance with paragraph (4).”.
(7) In regulation 12, after “ship-generated waste” in each place, insert “and ship-generated
sewage”.
(8) In regulation 14–
(a) in paragraph (1), after “Waste charges” insert “other than in relation to ship-generated
sewage”;
(b) after paragraph (1), insert–
“(1A) In so far as the waste charges relate to ship-generated sewage, they shall be made
at such level as will–
(a) ensure that each ship to which regulation 13 applies makes a significant
contribution to the costs of waste reception facilities for ship-generated sewage in
the harbour or terminal, as the case may be (including the costs of the treatment
and disposal of sewage) irrespective of actual use of the facilities; and
(b) provide no incentive for ships to discharge ship-generated sewage into the sea.”;
and
(c)
after paragraph (3), insert–
“(3A) In so far as the waste charges relate to ship-generated sewage, a harbour authority
or terminal operator may make lower waste charges for any ship the environmental
management, design, equipment and operation of which are such that the master can
demonstrate the ship produces reduced quantities of ship-generated sewage.”.
(9) In regulation 15(3)(b), after “ship-generated waste” insert “and ship-generated sewage”.
(10) In regulation 17(2), for “member State”, substitute “EEA State”.
(11) In regulation 20(2)–
(a) after “ship-generated waste” insert “, ship-generated sewage”, and
(b) after “such waste” insert “, sewage”.
(12) In regulation 21(1)–
(a) after “ship-generated waste” insert “, ship-generated sewage”, and
(b) in sub-paragraph (b), after “such waste” insert “, sewage”.
(13) In Schedule 2, in Note 2., for “Member States”, substitute “EEA States”.
Signed by authority of the Secretary of State for Transport
Name
Minister of State
Department for Transport
Address
Date
27
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations give effect to Directive 2000/59/EC of the European Parliament and of the
Council (“the amended 2000 Directive”) on port reception facilities for ship-generated waste and
cargo residues (O.J. L 332, 28.12.2000, p.81), as amended by Directive 2002/84/EC of the
European Parliament and of the Council (O.J. L 324, 29.11.2002, p.53), as regards the delivery of
sewage to reception facilities in a United Kingdom harbour. The Merchant Shipping and Fishing
Vessels (Port Waste Reception Facilities) Regulations 2003 (S.I. 2003/1809) (“the 2003
Regulations”) already give effect to the other provisions of the amended 2000 Directive.
These Regulations amend the 2003 Regulations in order to give effect to the amended 2000
Directive. The amendments are contained in regulation 2 of these 2006 Regulations.
The definition of “prescribed wastes” in regulation 2(1) of the 2003 Regulations is amended to
include ship-generated sewage (regulation 2(2)(c) of these 2006 Regulations). Consequently, the
duty in regulation 4 of the 2003 Regulations to provide adequate waste reception facilities will
now cover ship-generated sewage as well as other prescribed waste. Similarly, the requirement in
regulation 6 of the 2003 Regulations to prepare and submit a waste management plan for approval
will also now cover reception facilities for sewage.
The 2003 Regulations as amended will also now contain a requirement for the master of a ship
bound for a harbour or terminal to deliver ship-generated sewage to a waste reception facility
(regulation 12 of the 2003 Regulations as amended by regulation 2(7) of these 2006 Regulations).
Regulations 13 and 14 of the 2003 Regulations as amended by regulation 2(8) of these 2006
Regulations contain provision in relation to charges for ship-generated sewage, designed to ensure
that ships contribute to the cost of the reception facilities irrespective of use, and provide no
incentive for ships to discharge such sewage into the sea.
The new provisions relating to the notification of information about, and the delivery of, sewage
and the payment of charges for its reception, will only apply to new ships as defined, and to
existing ships on and after 27th September 2008 (regulation 3 of the 2003 Regulations as amended
by regulation 2(5) of these 2006 Regulations).
Regulation 15 of the 2003 Regulations as amended by regulation 2(9) of these 2006 Regulations
contains provision for the Secretary of State to grant exemptions. Regulations 17 to 23 of the
2003 Regulations as amended by regulations 2(10) – (12) of these 2006 Regulations contain
provisions concerned with non-compliance, offences and penalties, inspection and detention.
The Regulations are made under sections 130A to 130D of the Merchant Shipping Act 1995,
except in so far as they relate to the requirement to provide information to a United Kingdom
harbour in advance of a ship’s arrival, and the application of the Regulations to hovercraft. In
these cases the power is provided by section 2(2) of the European Communities Act 1972.
A Regulatory Impact Assessment has been produced and a copy placed in the library of both
Houses of Parliament. Copies may be obtained from Shipping Policy 2 Division, Department for
Transport, 76 Marsham Street, London SW1P 4DR (telephone number 020 7944 3436).
A transposition note has been prepared and copies may be obtained from the Department for
Transport at the address above.
Copies of the Regulatory Impact Assessment and of the transposition note may also be accessed
on the HMSO website www.hmso.gov.uk.
28
Annex D
Code of Practice on Consultation
1.
The code of practice applies to all UK public consultations by government
departments and agencies, including consultations on EU directives.
2.
Though the code does not have legal force, and cannot prevail over statutory or
other mandatory external requirements (e.g. under European Community Law),
it should otherwise generally be regarded as binding unless Ministers conclude
that exceptional circumstances require a departure.
3.
The code contains six criteria. They should be reproduced in all consultation
documents. There should be an explanation of any departure from the criteria
and confirmation that they have otherwise been followed.
Consultation criteria
a. Consult widely throughout the process, allowing a minimum of 12 weeks for
written consultation at least once during the development of the policy.
b. Be clear about what your proposals are, who may be affected, what questions
are being asked and the time-scale for responses.
c. Ensure that your consultation is clear, concise and widely accessible.
d. Give feedback regarding the responses received and how the consultation
process influenced the policy.
e. Monitor your department’s effectiveness at consultation, including through the
use of a designated consultation co-ordinator.
f. Ensure your consultation follows better regulation best practice, including
carrying out a Regulatory Impact Assessment if appropriate.
4.
A full version of the code of practice is available on the Cabinet Office web-site
at:
http://www.cabinet-office.gov.uk/regulation/consultation/code.asp
5.
If you consider that this consultation does not comply with the criteria or have
comments about the consultation process please contact:
29
Andrew D Price
Consultation Co-ordinator
Department for Transport
Zone 9/9 Southside
105 Victoria Street
London, SW1E 6DT
Email: consultation@dft.gsi.gov.uk
30
ANNEX E
PARTIAL REGULATORY IMPACT ASSESSMENT
1. TITLE OF PROPOSED MEASURE
1.1 The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities)
(Amendment) Regulations 2006.
2. PURPOSE AND INTENDED EFFECT OF MEASURE
Objective
2.1 To implement the remaining requirements of the port reception facilities Directive
which relate to sewage, taking account of all relevant practical considerations, in
order to reduce the pollution of seas and coasts by making sure that port waste
reception facilities are available, easy-to-use and cost-effective without causing
undue delay to ships.
Background
2.2 Ships faced with port waste reception facilities that do not have the aforementioned
characteristics will resort to discharging their waste at sea. This has been widely
recognised within the international community of maritime states for some years;
Annex IV of the International Convention on the Prevention of Pollution by Ships
(MARPOL 73/78), for example, requires, in respect of sewage, a prohibition on
discharge at sea except when beyond a certain distance from land plus the provision
of adequate port reception facilities without causing delay to ships.
2.3 The UK introduced its own legislation several years ago, in the form of the Merchant
Shipping (Port Waste Reception Facilities) Regulations 1997 (SI 1997 No 3018).
2.4 Subsequently, the EC Directive on port reception facilities for ship-generated waste
and cargo residues 2000/59/EC ("the port reception facilities Directive") was
published in the Official Journal of the European Communities on 28 December
2000, and entered into force on that same day.
31
2.5 The EC Directive was transposed into UK legislation in the Merchant Shipping (Port
Waste Reception Facilities) Regulations 2003, in July of that year, which marked
three significant changes to the UK's existing regime. These took the form of
requirements additional to those in the UK's existing regime: for ships to provide
notification, prior to their entry into port, of the waste which they will discharge
(including information about types and quantities); for ships to deliver their waste to
port reception facilities before leaving port; and for a mandatory fee to be collected
from ships in respect of the costs of port reception facilities for ship-generated waste.
2.6 These additional requirements will now be extended to cover sewage under the
Merchant Shipping and Shipping Vessels (Port Waste Reception Facilities)
(Amendment) Regulations 2006. These Regulations amend the 2003 Regulations so
that vessels will be required to deliver sewage as well as the other ship-generated
waste already covered in the 2003 Regulations. There are also some minor changes,
and some consequential implications for monitoring and enforcement by the Maritime
and Coastguard Agency.
Rationale
2.7 Ships not required to comply with the international regulations for the prevention of
pollution by sewage from ships (i.e. - ships not engaged in international voyages)
may resort to discharging their sewage at sea. Consequently, one way of reducing
pollution of seas and coasts is to make sure that port waste reception facilities are
available, easy-to-use and cost-effective without causing undue delay to ships.
2.8 Failure to implement the remaining requirements of the port reception facilities
Directive to include sewage would result in infraction proceedings against the UK,
and the UK being taken before the European Court of Justice.
2.9 If adequate port waste reception facilities are not available in UK for vessels unable,
or not required, to comply with the international regulations for the prevention of
pollution by sewage from ships, vessels may be obliged to discharge sewage at sea.
Illegal discharges (e.g. closer to the shore than 3 nautical miles) could result in
fouling of UK beaches and estuaries. Not only is this aesthetically displeasing, but
32
untreated sewage can cause problems for wildlife and for the economy of the area,
particularly if it is heavily reliant on tourism.
2.10 Untreated sewage can also cause problems for water users. There are a number of
enteroviruses (Rotavirus, Adenovirus, Calcicivirus, Astrovirus) as well as Hepatitis A
and Poliovirus found in sewage effluent that can cause debilitating illness, or even
fatality in the most vulnerable victim (children, diabetics, pregnant women and the
elderly).
2.11 With the predicted increase in cruise tourism growth and shipping more generally the
number of ships discharging sewage into the sea may increase despite the
increasing use of ships engaged in international voyages with onboard comminuting
and disinfection systems in accordance with the international regulations for the
prevention of pollution by sewage from ships.
3. OPTIONS
3.1 Two options have been identified:
Option 1
3.2 Do nothing. This would mean continuing to apply the UK's existing 2003
Regulations, which apply to all UK harbour authorities or terminal operators, without
amendment. Each UK harbour authority or terminal operator must provide port waste
reception facilities adequate1 to meet the needs of ships normally using the harbour
or terminal in question without causing undue delay to ships.
3.3 The UK’s existing Regulations, with certain exceptions and exemptions, require the
master of a ship calling at a harbour or terminal to ensure that before the ship leaves
In this context, “adequate” means: capable of receiving the types and quantities of
prescribed wastes from ships normally using that harbour or terminal taking into
account: the operational needs of the users of the harbour or terminal, its size, its
geographical location, the types of ships calling there and any exemptions provided
for under the 2003 Regulations as amended.
1
33
the harbour or terminal all ship-generated waste2 is delivered to a waste reception
facility.
3.4 Waste management plans are normally prepared by harbour authorities. However,
there are cases where a terminal within a port has such a degree of autonomy that it
makes more sense for the terminal operator to prepare the waste management plan
process - and the UK's existing Regulations allow for this too. Indeed, the Secretary
of State has powers to direct a terminal operator to prepare a port waste
management plan.
3.5 The UK is required to transpose the remaining requirements of the port reception
facilities Directive into national law, so that sewage is covered as well as other
wastes. Failure to do so would lead the European Commission to initiate infraction
proceedings against the UK, which would - in turn - lead to the UK being ruled to be
in breach of Community law by the European Court of Justice. Persistent failure to
implement Community law could ultimately result in a substantial fine (and a
significant degree of public opprobrium).
3.6 Furthermore, since Annex IV of MARPOL came into force, certain discharges of
sewage at sea are now illegal under international law. The UK is currently developing
secondary legislation to implement the revised Annex IV of MARPOL. This is being
developed in parallel with the Merchant Shipping and Fishing Vessels (Port Waste
Reception Facilities) (Amendment) Regulations 2006 and they are complimentary in
their objectives. It is therefore imperative that reception facilities for sewage are made
available in ports so that ships are not forced into a position of being unable to
comply.
3.7 Consequently, the "Do nothing" option is entirely unacceptable.
2
The expression 'ship generated waste' is defined in the 2003 Regulations as all
waste and residues which are generated during the service of a ship and which fall
within the definitions of garbage, oil and oily mixtures, but does not include cargo
residues; and for this purpose 'garbage' means all kinds of victual, domestic and
operational waste excluding fresh fish and parts thereof, generated during the normal
operation of the ship and liable to be disposed of continuously or periodically, except
sewage originating from ships.
34
Option 2
3.8 Amend UK law so that it covers the delivery of sewage to port waste reception
facilities, so as to implement the remaining requirements of the port reception
facilities Directive.
3.9 The port reception facilities Directive entered into force on 28 December 2000. The
Directive was transposed into national legislation in the Merchant Shipping (Port
Waste Reception Facilities) Regulations 2003, in July of that year. However the
legislation did not include sewage under 'ship generated waste' as the EC Directive
provided a 12 month lag period following the entry into force of Annex IV to MARPOL
73/78.
3.10 Under the amended Regulations (i.e. the 2003 Regulations as amended by the
Merchant Shipping and Shipping Vessels (Port Waste Reception Facilities)
(Amendment) Regulations 2006) harbour authorities and terminal operators will be
required to ensure the provision of facilities at ports and terminals for the reception of
ship-generated sewage, without causing delay to ships. These facilities will need to
meet the needs of all users, from the largest merchant ship to the smallest
recreational craft.
3.11 The amended UK Regulations will require the master of a ship calling at a harbour or
terminal to ensure that, as a general rule, before the ship leaves the harbour or
terminal all ship-generated waste, including sewage, is delivered to a waste reception
facility. Exceptions to this will be where there is sufficient dedicated storage capacity
onboard or ships engaged in scheduled traffic with frequent and regular ports of call
have gained an exemption.
3.12 The new Regulations will not prohibit ships from making lawful discharges into the
sea. For example, vessels that utilise an approved onboard sewage treatment plant
which has been certified as meeting the operational requirements referred to in
regulation 9, paragraph 1.1 of Annex IV of MARPOL, may in certain circumstances
discharge the effluent into the sea.
35
4. BENEFITS
Option 1
4.1 The UK's existing regime, which works well, would continue to operate as before.
4.2 Whereas we consider that the UK's existing regime delivers benefits in terms of
protection of the marine environment, it is difficult to quantify those benefits.
4.3 The implementation of the revised Annex IV will also benefit the marine environment
as it limits the amount and type of legal discharges of sewage into the sea.
Option 2
4.4 The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities)
(Amendment) Regulations 2006 will amend the 2003 Regulations so that they cover
sewage as well as other waste; this will implement the remaining requirements of the
port reception facilities Directive. The new requirements in these amended
Regulations should enhance the UK's existing regime and further reduce the amount
of ship-generated sewage which is discharged in UK waters.
4.5 These new requirements will result in cleaner seas which will have consequential
benefits for the marine environment, as well as for the tourism industry and for the
health of water users.
5. COSTS
Option 1
5.1 Costs would continue at the current level, as the UK's regime would continue
unchanged. Different ports and ship operators incur different levels of cost.
5.2 However there are costs associated with the continuing discharge of sewage into the
marine environment. Sewage is primarily organic in nature and subject to bacterial
decay. This can starve aquatic animals of the oxygen they need, and leads to the
breakdown of proteins and other nitrogenous compounds releasing ammonia and
hydrogen sulphide. Both are toxic to fish in low concentrations. Suspended solids
may blanket river and sea beds, preventing respiration of benthic flora and fauna.
36
5.3 Ship owners will still be required to land their sewage in the other EEA States that
have implemented the legislation, for which the ships will have to bear the costs.
5.4 The United Kingdom is required to transpose the port reception facilities Directive, so
that it covers sewage, into national law. Failure to do so would lead the European
Commission to initiate infraction proceedings against the UK, which would lead to the
UK being ruled to be in breach of Community law by the European Court of Justice.
Persistent failure to implement Community law could ultimately result in a substantial
fine and a significant degree of public opprobrium.
5.5 [Figures to be inserted in full RIA, for completion after public consultation].
Option 2
5.6 The provision relating to a fee system for using waste reception facilities to deliver
sewage may place an additional burden upon the UK ports industry. However it will
not add markedly to ship operators’ costs as a fee system is already in place for the
delivery and disposal of ship generated waste, in accordance with the 2003
Regulations.
5.7 [Policy and implementation cost figures are to be inserted in the full RIA, for
completion after public consultation].
5.8 There will be consequences for the Maritime and Coastguard Agency's monitoring
and enforcement work, which will result in increased costs to the UK Government. In
particular, there will be an increase in the scope of Port State Control inspections of
vessels, although these will not apply to existing ships until 27 September 2008 and
will be conducted within the provisions of the EC Port State Control Directive (95/21)
and the Paris Memorandum of Understanding.
6. EQUITY OR FAIRNESS
6.1 The measure will impact fairly across the whole ports and shipping industries.
6.2 We do not believe the impact of these proposed amendments will be excessive due
to existing port waste reception facilities in place.
37
6.3 The cost of charges in respect of ship-generated sewage will apply fairly and equally
across all those categories of ship which are covered by the requirement. In this
context, it is worth noting the proviso made in the Directive - and reflected in the
Regulations - that charges may be reduced if the ship's environmental management,
design, equipment and operation are such that the master of the ship can
demonstrate that it produces reduced quantities of ship-generated sewage.
6.4 There may be a positive quality of life impact for those living in close proximity to the
coastline through the reduction of sewage from shipping reaching the beaches. The
fishing and tourism industry would also benefit as a result of the consequential
improvements to the marine environment.
6.5 The regulations will not have any race equality impacts.
7. CONSULTATION WITH SMALL BUSINESS: THE IMPACT TEST
7.1 As part of the process of public consultation on the Regulations, the British Ports
Association, the Chamber of Shipping, the UK Major Ports Group and the British
Marine Federation - all of which represent both small and large businesses - have
been consulted. Also as part of the process of public consultation, the Small
Business Service has been consulted.
8. COMPETITION ASSESSMENT
8.1 The measure is applicable throughout Europe and is not expected to have an impact
on international competitiveness. A mechanism exists for ship owners, ports or
member states to report any market distortions to the EC for consideration.
9. ENFORCEMENT AND SANCTIONS
9.1 If the master of the ship fails to notify a harbour authority or terminal operator, or if
there is clear evidence that a ship has proceeded to sea without delivering its shipgenerated sewage the Harbour Authority or Terminal Operator must immediately
inform the Maritime and Coastguard Agency.
38
9.2 The Maritime and Coastguard Agency will enforce the legislation in the UK. If a ship
is suspected of non-compliance with the UK legislation and its next port of call is a
port of another EEA state, the Secretary of State must inform the competent authority
of the state in which the port is situated about the ship and the evidence.
9.3 If the owner or master of a ship is suspected of non-compliance they will be guilty of
an offence and liable on summary conviction to a fine not exceeding the statutory
maximum and on conviction on indictment to a fine.
10. CONSULTATION
10.1 The Devolved Administrations and Departments across Whitehall, including the
Department for Environment, Food and Rural Affairs, the Department for Trade and
Industry and the Ministry of Defence, have already been consulted on a draft of this
document and their comments have been incorporated into the text.
10.2 Public consultation
11. SUMMARY AND RECOMMENDATION
Option
1. Do nothing
Total cost per annum:
Total benefit per annum:
economic, environmental and
economic, environmental and
social
social

Costs would continue at the
current level

The
amount
UK
of
ship-
waters
would
increase which will have a
detrimental impact on the
marine environment,

Failure
to
implement
the
Directive will leave the UK
open
to
The existing regime, which
works well, would continue
generated sewage released
into

the
infraction
39
as before
process and potentially to
substantial fines
2. Extend the

The fee system may place an

The
2003
Regulations
as
existing UK law
additional, but slight burden
amended by the proposed
on port waste
on the UK ports industry
2006 Regulations will enhance
There will be consequences
the UK’s existing regime
reception


facilities (i.e. the
for
2003
Coastguard
Regulations) to
monitoring and enforcement
sewage which is discharged in
include sewage
work, which will result in
UK waters
the
Maritime
and
Agency's
increased costs to the UK
Government
They will further reduce the
amount

They
of
will
legislation
International
ship-generated
align
with
the
UK
the
MARPOL
convention
11.1 Option 2 is the only viable option; the UK is required to implement the port reception
facilities Directive.
40
Annex F
41
42
43
44
45
46
47
48
49
50
51
52
53
54
Annex G
Directive 2000/59/EC of the European Parliament and of the Council of
27 November 2000 on port reception facilities for ship-generated waste
and cargo residues
The European Parliament and the Council of the European
Union,
Having regard to the Treaty establishing the European Community, and in
particular Article 80(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the Economic and Social Committee,
Having regard to the Opinion of the Committee of the Regions,
Acting in accordance with the procedure referred to in Article 251 of the
Treaty, and in the light of the joint text approved by the Conciliation
Committee on 18 July 2000,
Whereas:
(1) Community policy on the environment aims at a high level of protection. It
is based on the precautionary principle and the principles that the polluter
should pay and that preventive action should be taken.
(2) One important field of Community action in maritime transport concerns
the reduction of the pollution of the seas. This can be achieved through
compliance with international conventions, codes and resolutions while
maintaining the freedom of navigation as provided for by the United Nations
Convention on the Law of the Sea and the freedom of providing services as
provided for in Community law.
(3) The Community is seriously concerned about the pollution of the seas and
coastlines of the Member States caused by discharges of waste and cargo
residues from ships, and in particular about the implementation of the
International Convention for the Prevention of Pollution from Ships, 1973, as
modified by the Protocol of 1978 relating thereto (MARPOL 73/78) which
regulates what wastes can be discharged from ships into the marine
environment and requires States Parties to ensure the provision of adequate
reception facilities in ports. All Member States have ratified MARPOL 73/78.
(4) The protection of the marine environment can be enhanced by reducing
discharges into the sea of ship-generated waste and cargo residues. This can
be achieved by improving the availability and use of reception facilities and by
improving the enforcement regime. In its Resolution of 8 June 1993 on a
common policy on safe seas, the Council included among its priority actions
55
the development of availability and use of reception facilities within the
Community.
(5) Council Directive 95/21/EC of 19 June 1995 concerning the enforcement,
in respect of shipping using Community ports and sailing in the waters under
the jurisdiction of the Member States, of international standards for ship
safety, pollution prevention and shipboard living and working conditions (port
State control) provides that ships posing an unreasonable threat of harm to
the marine environment may not proceed to sea.
(6) Pollution of the seas by its very nature has transboundary implications. In
view of the subsidiarity principle, action at Community level is the most
effective way of ensuring common environmental standards for ships and
ports throughout the Community.
(7) In view of the proportionality principle, a Directive is the appropriate legal
instrument, as it provides a framework for the Member States' uniform and
compulsory application of environmental standards, while leaving each
Member State the right to decide which implementation tools best fit its
internal system.
(8) Consistency with existing regional agreements, such as the 1974/1992
Convention on the Protection of the Marine Environment in the Baltic Sea
Area, should be ensured.
(9) In the interest of improving pollution prevention and avoiding distortion of
competition, the environmental requirements should apply to all ships,
irrespective of the flag they fly, and adequate reception facilities should be
made available in all ports of the Community.
(10) Adequate port reception facilities should meet the needs of users, from
the largest merchant ship to the smallest recreational craft, and of the
environment, without causing undue delay to the ships using them. The
obligation to ensure the availability of adequate port reception facilities leaves
the Member States with a high degree of freedom to arrange the reception of
waste in the most suitable manner and permits them, inter alia, to provide
fixed reception installations or to appoint service providers bringing to the
ports mobile units for the reception of waste when needed. This obligation
also implies the obligation to provide all services and/or other accompanying
arrangements necessary for the proper and adequate use of these facilities.
(11) Adequacy of facilities can be improved by up-to-date waste reception and
handling plans established in consultation with the relevant parties.
(12) The effectiveness of port reception facilities can be improved by requiring
ships to notify their need to use reception facilities. Such notification would
also provide information for effectively planned waste management. Waste
from fishing vessels and from recreational craft authorised to carry no more
than 12 passengers may be handled by the port reception facilities without
prior notification.
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(13) Discharges of ship-generated waste at sea can be reduced by requiring
all ships to deliver their waste to port reception facilities before leaving the
port. In order to reconcile the interest of the smooth operation of maritime
transport with the protection of the environment, exceptions to this
requirement should be possible taking into account the sufficiency of the
dedicated storage capacity on board, the possibility to deliver at another port
without risk of discharge at sea and specific delivery requirements adopted in
accordance with international law.
(14) In view of the 'polluter pays' principle, the costs of port reception facilities,
including the treatment and disposal of ship-generated waste, should be
covered by ships. In the interest of protecting the environment, the fee system
should encourage the delivery of ship-generated waste to ports instead of
discharge into the sea. This can be facilitated by providing that all ships
contribute to the costs for the reception and handling of ship-generated waste
so as to reduce the economic incentives to discharge into the sea. In view of
the subsidiarity principle, Member States should, in accordance with their
national laws and current practices, retain the powers to establish whether
and in what proportion the fees related to quantities actually delivered by the
ships will be included in the cost recovery systems for using port reception
facilities. Charges for using these facilities should be fair, non-discriminatory
and transparent.
(15) Ships producing reduced quantities of ship-generated waste should be
treated more favourably in the cost recovery systems. Common criteria would
facilitate the identification of such ships.
(16) In order to avoid undue burden for the parties concerned, ships engaged
in scheduled traffic with frequent and regular port calls may be exempted from
certain obligations deriving from this Directive where there is sufficient
evidence that there are arrangements to ensure the delivery of the waste and
the payment of fees.
(17) Cargo residues should be delivered to port reception facilities in
accordance with MARPOL 73/78. MARPOL 73/ 78 requires cargo residues to
be delivered to port reception facilities to the extent necessary to comply with
the tank cleaning requirements. Any fee for such delivery should be paid by
the user of the reception facility, the user being normally specified in the
contractual arrangements between the parties involved or in other local
arrangements.
(18) It is necessary to undertake targeted inspections in order to verify
compliance with this Directive. The number of such inspections, as well as the
penalties imposed, should be sufficient to deter non-compliance with this
Directive. For reasons of efficiency and cost-effectiveness, such inspections
may be undertaken within the framework of Directive 95/21/EC, when
applicable.
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(19) Member States should ensure a proper administrative framework for the
adequate functioning of the port reception facilities. Under MARPOL 73/78,
allegations of inadequate port reception facilities should be transmitted to the
International Maritime Organisation (IMO). The same information could be
simultaneously transmitted to the Commission for information purposes.
(20) An information system for the identification of polluting or potentially
polluting ships would facilitate the enforcement of this Directive and would be
helpful in evaluating the implementation thereof. The SIRENAC information
system established under the Paris Memorandum of Understanding on Port
State Control provides a large amount of the additional information needed for
that purpose.
(21) It is necessary that a Committee consisting of representatives of the
Member States assist the Commission in the effective application of this
Directive. Since the measures necessary for implementing this Directive are
measures of a general scope within the meaning of Article 2 of Council
Decision 1999/468/EC of 28 June 1999 laying down the procedures for the
exercise of implementing powers conferred on the Commission, such
measures should be adopted in accordance with the regulatory procedure
provided for in Article 5 of that Decision.
(22) Certain provisions of this Directive may, without broadening its scope, be
amended in accordance with that procedure in order to take into account
Community or IMO measures which enter into force in the future so as to
ensure their harmonised implementation,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Purpose
The purpose of this Directive is to reduce the discharges of ship-generated
waste and cargo residues into the sea, especially illegal discharges, from
ships using ports in the Community, by improving the availability and use of
port reception facilities for ship-generated waste and cargo residues, thereby
enhancing the protection of the marine environment.
Article 2
Definitions
For the purpose of this Directive:
(a) 'ship' shall mean a seagoing vessel of any type whatsoever operating in
the marine environment and shall include hydrofoil boats, air-cushion
vehicles, submersibles and floating craft;
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(b) 'MARPOL 73/78' shall mean the International Convention for the
Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978
relating thereto, as in force at the date of adoption of this Directive;
(c) 'ship-generated waste' shall mean all waste, including sewage, and
residues other than cargo residues, which are generated during the service of
a ship and fall under the scope of Annexes I, IV and V to MARPOL 73/78 and
cargo-associated waste as defined in the Guidelines for the implementation of
Annex V to MARPOL 73/78;
(d) 'cargo residues' shall mean the remnants of any cargo material on board in
cargo holds or tanks which remain after unloading procedures and cleaning
operations are completed and shall include loading/unloading excesses and
spillage;
(e) 'port reception facilities' shall mean any facility, which is fixed, floating or
mobile and capable of receiving ship-generated waste or cargo residues;
(f) 'fishing vessel' shall mean any ship equipped or used commercially for
catching fish or other living resources of the sea;
(g) 'recreational craft' shall mean a ship of any type, regardless of the means
of propulsion, intended for sports or leisure purposes;
(h) 'port' shall mean a place or a geographical area made up of such
improvement works and equipment as to permit, principally, the reception of
ships, including fishing vessels and recreational craft. Without prejudice to the
definitions in points (c) and (d), 'ship-generated waste' and 'cargo residues'
shall be considered to be waste within the meaning of Article 1(a) of Council
Directive 75/442/EEC of 15 July 1975 on waste.
Article 3
Scope
This Directive shall apply to:
(a) all ships, including fishing vessels and recreational craft, irrespective of
their flag, calling at, or operating within, a port of a Member State, with the
exception of any warship, naval auxiliary or other ship owned or operated by a
State and used, for the time being, only on government non-commercial
service; and
(b) all ports of the Member States normally visited by ships falling under the
scope of point (a).
Member States shall take measures to ensure that ships which are excluded
from the scope of this Directive under point (a) of the preceding paragraph
deliver their ship-generated waste and cargo residues in a manner consistent,
in so far as is reasonable and practicable, with this Directive.
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Article 4
Port reception facilities
1. Member States shall ensure the availability of port reception facilities
adequate to meet the needs of the ships normally using the port without
causing undue delay to ships.
2. To achieve adequacy, the reception facilities shall be capable of receiving
the types and quantities of ship-generated waste and cargo residues from
ships normally using that port, taking into account the operational needs of the
users of the port, the size and the geographical location of the port, the type of
ships calling at that port and the exemptions provided for under Article 9.
3. Member States shall establish procedures, in accordance with those
agreed by the International Maritime Organization (IMO), for reporting to the
port State alleged inadequacies of port reception facilities.
Article 5
Waste reception and handling plans
1. An appropriate waste reception and handling plan shall be developed and
implemented for each port following consultations with the relevant parties, in
particular with port users or their representatives, having regard to the
requirements of Articles 4, 6, 7, 10 and 12. Detailed requirements for the
development of such plans are set out in Annex I.
2. The waste reception and handling plans referred to in paragraph 1 may,
where required for reasons of efficiency, be developed in a regional context
with the appropriate involvement of each port, provided that the need for, and
availability of, reception facilities are specified for each individual port.
3. Member States shall evaluate and approve the waste reception and
handling plan, monitor its implementation and ensure its re-approval at least
every three years and after significant changes in the operation of the port.
Article 6
Notification
1. The master of a ship, other than a fishing vessel or recreational craft
authorised to carry no more than 12 passengers, bound for a port located in
the Community shall complete truly and accurately the form in Annex II and
notify that information to the authority or body designated for this purpose by
the Member State in which that port is located:
(a) at least 24 hours prior to arrival, if the port of call is known; or
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(b) as soon as the port of call is known, if this information is available less
than 24 hours prior to arrival; or
(c) at the latest upon departure from the previous port, if the duration of the
voyage is less than 24 hours. Member States may decide that the information
will be notified to the operator of the port reception facility, who will forward it
to the relevant authority.
2. The information referred to in paragraph 1 shall be kept on board at least
until the next port of call and shall upon request be made available to the
Member States' authorities.
Article 7
Delivery of ship-generated waste
1. The master of a ship calling at a Community port shall, before leaving the
port, deliver all ship generated waste to a port reception facility.
2. Notwithstanding paragraph 1, a ship may proceed to the next port of call
without delivering the ship-generated waste, if it follows from the information
given in accordance with Article 6 and Annex II, that there is sufficient
dedicated storage capacity for all ship-generated waste that has been
accumulated and will be accumulated during the intended voyage of the ship
until the port of delivery. If there are good reasons to believe that adequate
facilities are not available at the intended port of delivery, or if this port is
unknown, and that there is therefore a risk that the waste will be discharged at
sea, the Member State shall take all necessary measures to prevent marine
pollution, if necessary by requiring the ship to deliver its waste before
departure from the port.
3. Paragraph 2 shall apply without prejudice to more stringent delivery
requirements for ships adopted in accordance with international law.
Article 8
Fees for ship-generated waste
1. Member States shall ensure that the costs of port reception facilities for
ship-generated waste, including the treatment and disposal of the waste, shall
be covered through the collection of a fee from ships.
2. The cost recovery systems for using port reception facilities shall provide
no incentive for ships to discharge their waste into the sea. To this end the
following principles shall apply to ships other than fishing vessels and
recreational craft authorised to carry no more than 12 passengers:
(a) all ships calling at a port of a Member State shall contribute significantly to
the costs referred to in paragraph 1, irrespective of actual use of the facilities.
Arrangements to this effect may include incorporation of the fee in the port
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dues or a separate standard waste fee. The fees may be differentiated with
respect to, inter alia, the category, type and size of the ship;
(b) the part of the costs which is not covered by the fee referred to in
subparagraph (a), if any, shall be covered on the basis of the types and
quantities of ship-generated waste actually delivered by the ship;
(c) fees may be reduced if the ship's environmental management, design,
equipment and operation are such that the master of the ship can
demonstrate that it produces reduced quantities of ship-generated waste.
3. In order to ensure that the fees are fair, transparent, non-discriminatory and
reflect the costs of the facilities and services made available and, where
appropriate, used, the amount of the fees and the basis on which they have
been calculated should be made clear for the port users.
4. The Commission shall, within three years of the date referred to in Article
16(1), submit a report to the European Parliament and to the Council,
evaluating the impact of the variety of cost recovery systems adopted in
accordance with paragraph 2 on the marine environment and waste flow
patterns. This report shall be drawn up in liaison with the competent
authorities of the Member States and representatives of ports. The
Commission shall, if necessary in the light of this evaluation, submit a
proposal to amend this Directive by the introduction of a system involving the
payment of an appropriate percentage, of no less than one third, of the costs
referred to in paragraph 1 by all ships calling at a port of a Member State
irrespective of actual use of the facilities, or an alternative system with
equivalent effects.
Article 9
Exemptions
1. When ships are engaged in scheduled traffic with frequent and regular port
calls and there is sufficient evidence of an arrangement to ensure the delivery
of ship-generated waste and payment of fees in a port along the ship's route,
Member States of the ports involved may exempt these ships from the
obligations in Article 6, Article 7(1) and Article 8.
2. Member States shall inform the Commission of exemptions granted in
accordance with paragraph 1 on a regular basis, at least once a year.
Article 10
Delivery of cargo residues
The master of a ship calling at a Community port shall ensure that cargo
residues are delivered to a port reception facility in accordance with the
provisions of MARPOL 73/78. Any fee for delivery of cargo residues shall be
paid by the user of the reception facility.
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Article 11
Enforcement
1. Member States shall ensure that any ship may be subject to an inspection
in order to verify that it complies with Articles 7 and 10 and that a sufficient
number of such inspections is carried out.
2. For inspections concerning ships other than fishing vessels and
recreational craft authorised to carry no more than 12 passengers:
(a) in selecting ships for inspection, Member States shall pay particular
attention to:
- ships which have not complied with the notification requirements in
Article 6;
- ships for which the examination of the information provided by the
master in accordance with Article 6 has revealed other grounds to
believe that the ship does not comply with this
Directive;
(b) such inspection may be undertaken within the framework of Directive
95/21/EC, when applicable; whatever the framework of the inspections, the 25
% inspection requirement set out in that Directive shall apply;
(c) if the relevant authority is not satisfied with the results of this inspection, it
shall ensure that the ship does not leave the port until it has delivered its shipgenerated waste and cargo residues to a port reception facility in accordance
with Articles 7 and 10;
(d) when there is clear evidence that a ship has proceeded to sea without
having complied with Articles 7 or 10, the competent authority of the next port
of call shall be informed thereof and such a ship shall, without prejudice to the
application of the penalties referred to in Article 13, not be permitted to leave
that port until a more detailed assessment of factors relating to the ship's
compliance with this Directive, such as the accuracy of any information
provided in accordance with Article 6, has taken place.
3. Member States shall establish control procedures, to the extent required,
for fishing vessels and recreational craft authorised to carry no more than 12
passengers to ensure compliance with the applicable requirements of this
Directive.
Article 12
Accompanying measures
1. Member States shall:
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(a) 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;
(b) designate appropriate authorities or bodies for performing functions under
this Directive;
(c) make provision for cooperation between their relevant authorities and
commercial organisations to ensure the effective implementation of this
Directive;
(d) ensure that the information notified by masters in accordance with Article 6
be appropriately examined;
(e) 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;
(f) ensure that the Commission is provided with a copy of the allegations of
inadequate port reception facilities referred to in Article 4(3);
(g) 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
and Council Directive 91/689/EEC of 12 December 1991 on hazardous waste.
(h) 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. 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 shipgenerated 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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Article 13
Penalties
Member States shall lay down a system of penalties for the breach of national
provisions adopted pursuant to this Directive and shall take all the measures
necessary to ensure that those penalties are applied. The penalties thus
provided shall be effective, proportionate and dissuasive.
Article 14
Regulatory Committee
1. The Commission shall be assisted by the Committee set up pursuant to
Article 12 of Directive 93/75/EEC (11), hereinafter referred to as 'the
Committee'.
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(12) of Decision 1999/468/EC shall be set at
three months.
3. The Committee shall adopt its rules of procedure.
Article 15
Amendment procedure
The Annexes to this Directive, the definition in Article 2(b), references to
Community instruments and references to IMO instruments may be amended
in accordance with the procedure laid down in Article 14(2) in order to bring
them into line with Community or IMO measures which have entered into
force, insofar as such amendments do not broaden the scope of this Directive.
Furthermore, the Annexes to this Directive may be amended in accordance
with that procedure when necessary to improve the regime established by this
Directive, insofar as such amendments do not broaden the scope of this
Directive.
Article 16
Implementation
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive before 28
December 2002 and forthwith inform the Commission thereof. However, as far
as sewage as referred to in Article 2(c) is concerned, the implementation of
this Directive shall be suspended until 12 months after the entry into force of
Annex IV to MARPOL 73/78, while respecting the distinction made in this
convention between new and existing ships.
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2. When Member States adopt these measures, they shall contain a reference
to this Directive or shall be accompanied by such a reference on the occasion
of their official publication. The methods of making such a reference shall be
laid down by Member States.
Article 17
Evaluation
1. Member States shall submit to the Commission a status report concerning
the implementation of this Directive every three years.
2. The Commission shall submit an evaluation report on the operation of the
system as provided for in this Directive to the European Parliament and the
Council, on the basis of the reports of the Member States as provided for in
paragraph 1 together with proposals as necessary, concerning the
implementation of this Directive.
Article 18
Entry into force
This Directive shall enter into force on the day of its publication in the Official
Journal of the European Communities.
Article 19
Addressees
This Directive is addressed to the Member States. Done at Brussels, 27
November 2000.
For the European Parliament For the Council The President The President
N. FONTAINE L. FABIUS
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