Europaudvalget 2018
KOM (2018) 0033
Offentligt
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EUROPEAN
COMMISSION
Strasbourg, 16.1.2018
SWD(2018) 21 final
PART 1/2
COMMISSION STAFF WORKING DOCUMENT
IMPACT ASSESSMENT
Accompanying the document
Proposal for a Directive of the European Parliament and of the Council on port
reception facilities for the delivery of waste from ships, repealing Directive 2000/59/EC
and amending Directive 2009/16/EC and Directive 2010/65/EU
{COM(2018) 33 final} - {SWD(2018) 22 final}
EN
EN
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Table of Contents
1.
INTRODUCTION
3
3
3
5
9
1.1. Policy and legal context
1.1.1. International context
1.1.2. EU Context
1.2.
Assessment and monitoring
2.
PROBLEM ANALYSIS
10
2.1. Description of the main problems
10
2.1.1. Main problem 1: Ship generated waste and cargo residues discharged at sea
10
2.1.2. Main problem 2: Administrative burden associated with the implementation of the PRF Directive 16
2.2. The underlying problem drivers
2.2.1. Problem driver 1: Inadequate reception and handling of waste by Port Reception Facilities
2.2.2. Problem driver 2: Insufficient cost incentives for the delivery of ship generated waste
2.2.3. Problem driver 3: Ineffective and insufficient enforcement of the mandatory delivery obligation
2.2.4. Problem driver 4: Inconsistent and outdated definitions and forms
2.2.5. Problem driver 5: Inconsistent application of exemptions for ships in scheduled traffic
2.3.
Most affected stakeholders
19
20
23
26
28
29
30
31
31
33
2.4. Evolution of the situation without EU legislative intervention (baseline scenario)
2.4.1. Legal/policy developments
2.4.2. Economic and technological developments
3.
4.
5.
5.1.
WHY SHOULD THE EU ACT?
OBJECTIVES: WHAT SHOULD BE ACHIEVED?
POLICY OPTIONS
Description of the retained policy measures
34
35
36
36
5.2. Discarded Policy measures
41
5.2.1. Introduction of an EU discharge prohibition
41
5.2.2. Full alignment with the MARPOL Convention
42
5.2.3. Provide for a delivery exception in case port reception facilities are (temporarily) unavailable
42
5.2.4. Exempt smaller ports and marinas from the obligation to develop a Waste Reception and Handling
Plan
43
5.2.5. Require fishing vessels and small recreational craft to submit an advance waste notification
44
5.3. Description of the Policy options
5.3.1. Policy option 1: Baseline scenario
5.3.2. Policy option 2: Minimum legislative revision of the PRF Directive
5.3.3. Policy option 3: MARPOL alignment
44
45
45
46
1
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5.3.4.
5.3.5.
Policy option 4: EU PRF Regime beyond MARPOL
Policy option variants 3b and 4b: additional focus on marine litter
47
48
6.
ANALYSIS OF IMPACTS
52
52
53
56
57
57
58
61
63
64
65
65
68
68
68
68
6.1. Environmental impacts
6.1.1. Volume of waste discharged at sea and/or delivered in ports
6.1.2. Circular economy
6.2. Economic impacts
6.2.1. Enforcement costs
6.2.2. Compliance costs
6.2.3. Administrative burden and simplification
6.2.4. Business for port reception facility operators
6.2.5. SMEs
6.2.6. Innovation and competitiveness
6.2.7. Third countries, foreign trade and investment
6.3. Social impacts
6.3.1. Employment
6.3.2. Working conditions at sea
6.3.3. Environmental awareness
7.
7.1.
7.2.
7.3.
COMPARISON OF THE POLICY OPTIONS
Effectiveness, efficiency and coherence of the policy options
Proportionality of the policy options
Conclusion
70
70
72
74
8.
MONITORING AND EVALUATION
74
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1.
I
NTRODUCTION
Operational discharges of waste from ships pose a significant threat to the marine
environment. The provision of adequate facilities in ports for the reception of waste from
ships is an essential precondition for any meaningful control of discharges at sea. Keeping
waste on board ships is only feasible and meaningful when there are shore-based facilities to
receive this waste.
For these reasons, the European Union introduced Directive 2000/59/EC, which requires the
provision of Port Reception Facilities in EU ports, in line with international requirements.
More than fifteen years after its entry into force, the Directive is in need of a legislative
update and revision to make sure that it can still deliver on its original objectives of reducing
waste discharges at sea.
This report builds on the outcome of the REFIT evaluation of this Directive, conducted in
2015, and assesses the options for its revision.
1.1. Policy and legal context
1.1.1.
International context
The MARPOL Convention (hereinafter: “MARPOL”)
1
is the main international convention
for protecting the marine environment against vessel-source pollution. It is a combination of
two treaties adopted in 1973 and 1978 respectively and updated by amendments through the
years
2
. The Convention includes regulations aimed at preventing and minimizing pollution
from ships - both accidental pollution and that from routine operations - and currently
includes six technical Annexes, providing regulations for the prevention of pollution by
oil
(Annex I), by
noxious liquid substances
in bulk (Annex II), by
packaged harmful
substances
(Annex III), by
sewage
from ships (Annex IV), by
garbage
from ships (Annex V)
and the prevention of
air pollution
from ships (Annex VI).
The MARPOL Annexes contain general discharge prohibitions for these different waste
streams, but also set out the norms and conditions under which certain types of waste can be
legally discharged into the marine environment
3
. At the same time, MARPOL requires its
contracting parties to provide for facilities in ports and terminals for the reception of the waste
and residues from ships. These port reception facilities must be adequate, i.e. capable of
receiving the types and quantities of waste from ships normally visiting the port where those
facilities are located, without causing undue delay.
MARPOL has also recognised that some areas of the sea, especially enclosed or semi-
enclosed seas (due to their oceanographic and ecological conditions and vessel traffic
characteristics) are particularly vulnerable to vessel-source pollution and need a higher level
of protection. The Convention therefore provides for the establishment of special areas where
more stringent discharge standards apply
4
.
1
International Convention for the Prevention of Pollution from Ships developed by the International Maritime Organisation (IMO); IMO
Contracting Parties to the MARPOL Convention: 152 states, representing 99.2% of the world's tonnage. MARPOL has been ratified by all
EU Member States.
2
The amendments to MARPOL Annex IV (Resolution MEPC.200 (62), 2011) and Annex V (Resolution MEPC.201 (62), 2013), are the
most relevant in the context of this Impact Assessment, as the introduced more stringent norms for the discharge of sewage and garbage.
3
See Annex 6 for an overview of discharge norms for Annexes I, II, IV and V
4
Special areas under MARPOL: Annex I (Mediterranean, Baltic sea, Black sea, Red Sea, Gulfs area, Gulf of Aden, Antarctic, N-W
European waters, Oman area, South African waters); Annex II (Antarctic); Annex IV (Baltic sea); Annex V (Mediterranean, Baltic sea,
Black sea, Red Sea, Gulfs area, North Sea, Antarctic, Wider Caribbean); Annex VI (Baltic sea, North Sea, North American ECA; US
Caribbean sea); see:
http://www.imo.org/en/OurWork/Environment/SpecialAreasUnderMARPOL/Pages/Default.aspx
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To enhance the smooth implementation and uniform application of the discharge prohibitions
and related waste delivery process, a standard Advance Notification Form was developed by
the International Maritime Organisation ("IMO"), as well as a standard Waste Delivery
Notification Form to provide for uniform records throughout the world. However, both forms
are not mandatory and contracting parties remain free not to require any reporting or to use a
different form. In addition, the IMO has developed the “guide of good practice on port
reception facility providers and users”, which provides guidance and easy reference to good
practices related to the use and provision of port reception facilities as well as a list of
applicable regulations and guidelines
5
. In April 2014, the Consolidated guidance for port
reception facility providers and users was adopted, which integrates in a single document the
Guide to good practice for port reception facility providers and users, as well as four other
circulars related to port reception facilities, including the standard reporting forms
6
.
As mentioned above, the Convention has undergone a series of amendments over the years,
which have made the framework more comprehensive, in terms of its coverage, as well the
discharge norms which have become more stringent. The most relevant amendments in
relation to the PRF Directive have been included in the table below, with a more extensive
overview included in Annex 6 to this Report of the amendments to the Convention and its
Annexes since the year 2000.
Table 1: Amendments to MARPOL
Adopted
2004
Res.MEPC
.115(51)
Res.MEPC
.117(52)
Res.MEPC
.118(52)
2006
2008
Res.MEPC
.141(54)
Res.MEPC
.176(58)
Res.MEPC
2009
.187(59)
Res.MEPC
.200(62)
Res.MEPC
.201(62)
5
6
Effective
01.Aug.200
5
01.Jan.2007
Amendments
Revision of Annex IV: More stringent discharge norms for
sewage, and requirements for on board sewage treatment /
sewage holding tank.
Revision of Annex I: phasing out single-hull tankers, and
tightening the construction, equipment & operational
standards
01.Apr.
2004
15.Oct.
2004
15.Oct.
2004
24.Mar
.2006
10.Oct.
2008
17.Jul.
2009
15 July
2011
15.Jul.
2011
01.Jan.2007
01.Aug.200
7
01.Jul.2010
01.Jan.2011
Revision of Annex II: new four-category categorization system
for noxious and liquid substances
Revision Annex I: new regulation on oil fuel tank protection
and a definition of "heavy grade oil".
Revision of Annex VI: more stringent regulations on harmful
emissions from ships
Revision Annex I: requirements relating to the on board
management of oil residue (sludge). New definitions for oil
residue, oil residue tanks, oily bilge water and holding tanks.
2011
01.Jan.2013
01.Jan.2013
Annex IV: designation of the Baltic Sea as Special Area under
Annex IV; special area provisions
Revision Annex V: updating of definitions; inclusion of a new
general prohibition on the discharge of garbage.
MEPC.1/Circ.671/Rev.1
Circular
MEPC.1/Circ.834,
adopted at the 66th meeting of the Marine Environment Protection Committee, April 2014
4
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2016
Res.MEPC
.270(69)
Res.MEPC
.274(69)
Res.MEPC
.277(70)
Res.MEPC
.280(70)
22.Apr.
2016
22.Apr.
2016
28.Oct.
2016
28.Oct.
2016
01.Sep.201
7
01.Sep.201
7
01.Mar.201
8
01.01.2020
Revision Annex II: revised GESAMP Hazard Evaluation
Procedure. Guidelines for the categorization of noxious liquid
substances.
Revision Annex IV: Baltic Sea Special Area, discharge of
sewage and form of ISPP Certificate.
Revision Annex V: discharge of substances that are harmful to
the marine environment (HME substances) and Form of
Garbage Record Book.
Annex VI: Implementation of the fuel oil standard in
regulation 14.13 (sulphur content of fuel oil)
1.1.2.
EU Context
Directive 2000/59/EC on port reception facilities for ship generated waste and cargo residues
aims "to reduce the discharges of ship generated waste and cargo residues into the sea,
especially illegal discharges from ships using ports in the EU, by improving the availability
and use of port reception facilities" (Article 1). The Directive has a transport legal basis
(article 100(2) TFEU) and is designed to harmonise conditions and rules in the maritime
transport sector. At the same time, the Directive is instrumental in greening maritime traffic,
as defined in the Commission Communication on the EU maritime transport policy until
2018
7
, and in reducing marine litter from sea-based sources in line with the commitments
made by the EU
8
.
The Directive was adopted to implement and strengthen the implementation of the MARPOL
Convention in the following ways:
(i) The Directive is based on the international norms provided by MARPOL and its Annexes.
It seeks to implement the MARPOL obligations into EU law. Ship generated waste in the
Directive has been defined in relation to waste falling under the scope of Annexes I, IV and V
of MARPOL. Cargo residues have been defined as remnants of cargo material remaining after
unloading and cleaning operations, which also include tank washings covered by MARPOL
Annexes I and II.
(ii) The Directive strengthens the regime established under MARPOL through a
port-based
approach:
while MARPOL focuses on operational discharges at sea, the Directive focuses on
operations in port. The Directive also has a wider scope than MARPOL, as it applies to all
ships, as well as all EU ports visited by these ships, from large commercial ports to small
marinas. In this context, it is also worth noting that the provision of waste reception facilities
in ports qualifies as a service that a port provides to its users, as defined in the new Ports
Regulation
9
, establishing a framework for the provision of port services and common rules on
the financial transparency of ports.
The reasons for adopting this port approach in the Directive are pragmatic, policy-based and,
importantly, legal. It is generally accepted that the main problems in international regime for
operational ship-source pollution are not related to insufficient standards, but rather to the
COM(2009)8 "Strategic goals and recommendations for the EU’s maritime transport policy until 2018"
Rio+20 conference and implementation of Sustainable Development Goals
9
Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision
of port services and common rules on the financial transparency of ports (OJ L57, 3.3.2017, p. 1)
7
8
5
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inadequacy of their implementation and enforcement. Striving for a harmonised
implementation of internationally agreed rules, where necessary complemented by specific
EU requirements, is one of the fundamental pillars of EU maritime safety policy. The United
Nations Convention for the Law of the Sea ("UNCLOS") provides wide jurisdiction for states
to prescribe and enforce rules while ships are voluntarily present in their ports, while there are
considerable constraints to do so in the coastal jurisdictional zones. UNCLOS also stipulates
the fundamental principle of "avoiding undue delay to ships" which is incorporated both in
the MARPOL Convention and the Directive. Hence, the Directive aims at administrative
burden reduction to safeguard efficiency of maritime operations in ports. If coastal Member
States were only to rely on MARPOL, they would be struggling with the implementation and
enforcement of discharge rules for ships in their coastal waters. It would be even more
difficult to implement those rules outside the jurisdiction of the Member States, at the high
seas.
In order to achieve a proper implementation and enforcement of the general MARPOL
provisions, the Directive provides a
number of additional instruments and requirements
for both ports and port users:
-
Development of Waste Reception and Handling Plans in ports; these plans should
provide a description of the waste reception facilities available in the port, as well as
the port’s waste management process.
Advance Waste Notification by ships before their entry into port; ships are required to
report on the waste they intend to deliver in the next port of call, the waste delivered in
the previous port, as well as the remaining storage capacity until the next port of
delivery. The reporting of information on (intended) waste delivery from the ship to
the ports is a key element for effective planning of waste management and monitoring
mandatory delivery. The notification also lies at the basis of the calculation of on
board storage capacity, on the basis of which the ship may be allowed to depart from
port without delivering the waste but keeping it on board until the next point of
delivery.
Payment of fees by ships for the reception of their ship-generated waste (based on the
"polluter pays principle"); Member States are required to set up cost recovery systems
in their ports to ensure that the costs of reception and treatment of ship-generated
waste is covered through the collection of a fee from ships, and that part of that fee is
charged irrespective of delivery (“indirect fee”) so that no incentive is created for the
ship to discharge its waste at sea.
Exemptions for ships engaged in scheduled traffic with frequent and regular port calls;
to safeguard the smooth operation of maritime transport and avoid undue burden,
ships in scheduled and regular traffic may be exempted in a port from waste
notification, delivery of waste, and payment of the fee, provided there is sufficient
evidence of an arrangement in place for delivery and payment in a port along the
ship’s route.
Inspections to verify that ships comply with the delivery requirements; based on the
information reported through the advance waste notification, ships shall be selected
for inspection. Irrespective of the inspection framework, a 25% annual inspection
target shall be applied.
Development of the common information and monitoring system in order to improve
the identification of ships which have not delivered their waste in accordance with the
Directive, and to ascertain whether the goals of the Directive have been met.
-
-
-
-
-
These key elements seek to ensure that EU ports provide for adequate port reception facilities,
as established by the waste reception and handling plans, and to ensure that all ships deliver
6
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their ship-generated waste and cargo residues to those facilities before departure. In
conclusion, the Directive builds on the obligations which Member States have already
accepted under MARPOL, but goes further by addressing in detail the legal, financial and
practical responsibilities. The following table shows the main parallels between MARPOL
and the PRF Directive, clearly indicating which elements are mandatory under both
instruments and which are the additional requirements under the Directive, giving effect to the
general international norms as well as the voluntary guidance and forms developed under
MARPOL.
Table 2: Comparison MARPOL and the PRF Directive
MARPOL
10
Scope
EU legislation (Directive 2000/59/EC)
Article 3:
"(a) All ships, including fishing vessels
and recreational craft, irrespective of their flag,
calling at, or operating within a port of a MS,
with the exception of any warship, naval
auxiliary or other ship owned or operated by a
State, and ..used only on government non-
commercial service; (b) All ports of the MS
normally visited by ships falling under the scope
of (a)."
Article 2(a):
"Ship shall mean a seagoing vessel
of any type whatsoever operating in the marine
environment…";
Article 2(c ):
Ship generated waste shall mean
all waste including sewage and residues other
than cargo residues which…fall under the scope
of Annexes I, IV and V to MARPOL;
Article 2(d):
cargo residues shall mean the
remnants of any cargo material on board which
remain after unloading and cleaning operations".
Ships entitled to fly the flag of a party
to the Convention; the Convention
does not apply to any warship, naval
auxiliary, or other ship owned or
operated by a state and used on a
government non-commercial basis.
"A ship means a vessel of any type
operating in the marine
environment…"
Requirements
for provision of
adequate PRF
Annex I – Reg. 38 (oily waste)
Annex II – Reg. 18 (Noxious Liquid
Substances)
Annex IV – Reg. 12 (sewage)
Annex V – Reg. 8 (garbage, including
fishing gear)
Annex VI – Reg. 17 (waste from
exhaust gas cleaning systems/ODS)
IMO Consolidated Guidance for PRF
providers and users: recommendation
for the preparation of a Port Waste
management Plan
IMO Consolidated Guidance, Appendix
4, MEPC.1/Circ.834: waste reception
facility reporting requirements for flag
states
MO Consolidated Guidance, Appendix
Article 4:
"MS shall ensure the availability of PRF
that are adequate to meet the needs of the ships
normally using the port without causing undue
delay to ships".
Article 5:
Waste Reception and Handling Plans
(WRH Plans)
Annex I:
requirements for WRH Plans
Article 4(3):
Complain procedure on alleged
10
Parts in italics refer to non-mandatory elements
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1, MEPC.1/Circ.834:Format for
reporting alleged inadequacies of PRF
Discharge
prohibitions and
norms / delivery
obligation
General prohibition, but discharges
allowed under certain conditions as
specified in the Annexes:
Annex I: oily bilge waster, oily residues,
other
Annex II: NLS
Annex IV: sewage
Annex V: garbage
Annex VI: waste from EGCS / ODS
Reporting of
waste
information
IMO Consolidated Guidance for PRF
providers and users, including IMO
Circular 834: standard format for the
waste notification and waste receipt
Cost Recovery
Systems
IMO Guidelines on adequacy of PRF
(Resolution MEPC.83(44): "Fees should
not be unreasonably high so as to deter
the use of the facilities"
inadequacies, in line with the procedures agreed
by IMO.
Article 7 (1):
"The master of a ship calling at an
EU port shall, before leaving the port, deliver all
ship generated waste to a port reception
facility.";
Article 7(2):
..a ship may proceed without
delivering its waste…if it follows from the
information submitted.., that there is sufficient
dedicated storage capacity on board.. ".
Article 10:
Cargo residues shall be delivered to
PRF in accordance with the provisions of
MARPOL.
Article 6(1):
The master of a ship, other than a
fishing vessels or recreational craft authorised to
carry no more than 12 passengers, shall
complete the form in Annex II and notify the
information before calling in a port.
Article 8.1:
"MS shall ensure that the costs of
PRF shall be covered through the collection of a
fee from ships".
Article 8.2:
"the CRS shall provide no incentive to
discharge waste at sea…"
(a) all ships (apart from fishing vessels and
recreational craft < 12 passengers) shall
contribute significantly to the costs of the
facilities, irrespective of actual use of the
facilities (indirect fee)
In EU ports/municipalities: Articles 10 and 11 of
the
Waste Framework Directive
("…where this is
technically, environmentally and economically
practicable").
Article 11(1):
MS shall ensure that any ship may
be subject to an inspection in order to verify it
complies with article 7 and 11 of the Directive;
Article 11(2b):
Inspections may be undertaken
within the framework of the PSC Directive;
whatever the framework.., 25% inspection
requirement shall apply;
Article 11(3):
MS shall establish control
procedures to the extent required for fishing
vessels and recreational craft < 12 passengers..,
to ensure compliance with the requirements of
the Directive;
Article 12(3):
establishment of EU information
and monitoring system
Separate
collection of
waste from ships
On Board: ISO 21070: Management
and Handling of Shipboard Garbage
2012 Guidelines for the
implementation of MARPOL Annex V,
MEPC.219(63) as amended
Monitoring and
Enforcement
PMOU, Port State Control: control of
MARPOL documentation and discharge
norms
Port Reception Facilities Database
(GISIS)
The Directive also bears strong links to EU environmental legislation, especially in the area of
waste management and protection of the marine environment:
8
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The Directive specifies in article 2 that ship-generated and cargo residues shall be
considered to be waste within the meaning of the
Waste Framework Directive
(Directive 2008/98/EC). Furthermore, article 12(g) of the Directive requires MS to
ensure that the treatment, recovery or disposal of ship generated waste and cargo
residues is carried out in accordance with the relevant waste legislation, in particular
the Waste Framework Directive
11
. One of the fundamental elements of this Directive is
the introduction of the “waste
hierarchy”
(article 4), which provides the order of
preference as regards waste management operations, with waste prevention given the
highest priority, followed by preparation for re-use, recycling, other recovery (such as
incineration), and disposal at the bottom of the hierarchy. In addition, the Waste
Framework Directive imposes a general requirement for providing separate collection
in Member States. Another key element is the “polluter
pays principle”,
which has
also been incorporated in the PRF Directive’s provision on cost recovery systems for
ship generated waste.
The Directive also links closely to the
Marine Strategy Framework Directive
12
,
which has as its main objective to achieve Good Environmental Status of EU Marine
Waters by 2020, in order to protect not only the marine environment, but also related
economic and social activities. Under the Marine Strategy Framework Directive
monitoring tools have been defined to evaluate progress towards the environmental
targets, as well as a set of indicators for monitoring “good environmental status” of the
four main European Sea regions
13
, including levels of contaminants, eutrophication
and marine litter. In is recently adopted
Circular Economy Strategy
14
, the
Commission has set a target of 30% reduction of marine litter found on beaches and
lost fishing gear found at sea by 2020. The marine litter waste categories coincide
with the definition of garbage in MARPOL Annex V, and are covered by the
definition of ship generated waste in the Port Reception Facilities Directive. The latter
can thus make a direct and significant contribution to the reduction of the marine litter
generated by ships.
1.2.
Assessment and monitoring
The Commission has assessed the implementation and effectiveness of the Port Reception
Facilities Directive over time. In a first phase, implementation reports were received from all
Member States
15
. Subsequently, several workshops and discussions were organised with
stakeholders, and the European Maritime Safety Agency (EMSA)
16
prepared a horizontal
assessment report following a number of visits to Member States to verify the correct
implementation of the Directive
17
.
In 2014, the Commission decided to undertake a REFIT Evaluation of the PRF Directive and
to that end launched an evaluation study, which was completed in May 2015
18
. The evaluation
11
The Waste Framework Directive is currently being revised, with more ambitious recycling targets proposed by the Commission,
COM(2015)0595 amending Directive 2008/98/EC on waste, 2.12.2015
12
Directive 2008/56/EC establishing a framework for community action in the field of marine environmental policy (O.J. L164/19,
25.6.2008)
13
Baltic, North East Atlantic, Mediterranean and the Black Sea
14
Commission Communication "Towards a circular economy: a zero waste programme for Europe", COM(2014)398fin
15
Status reports on the implementation of Directive 2000/59/EC, which were submitted by Member States in 2006
16
Workshop reports can be found at:
http://www.emsa.europa.eu/implementation-tasks/environment/port-waste-reception-facilities.html
17
Horizontal Assessment Report – Port Reception Facilities Directive (Directive 2000/59/EC), EMSA, 2010
http://ec.europa.eu/transport/modes/maritime/consultations/doc/prf/emsa-report.pdf
18
Ex-post evaluation of Directive 2000/59/EC on port reception facilities for ship-generated waste and cargo residues, final report
(Panteia/PwC, May 2015), available at:
9
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addressed questions on the relevance, effectiveness, efficiency, European added value and
coherence of the PRF Directive. The main findings from the Evaluation have been described
by the Commission in an Evaluation Report
19
, and can be summarised thus:
The Directive has been
relevant
to achieving the objective of reducing waste
discharges at sea, and has had clear
EU added value,
by providing for an EU common
approach to the effective implementation and enforcement of the MARPOL
requirements.
The Directive has only been partially
effective and efficient.
Its effectiveness has
been evidenced by higher volumes of ship generated waste being delivered to EU
ports since the implementation of the Directive (see Annex 5 – waste volumes). This
is mainly due to differences in interpretation of its scope and implementation of the
main obligations in the Directive, in particular as regards the provision of adequate
facilities (including the development of the waste reception and handling plans), the
design and operation of the cost recovery systems, the use of the advance waste
notification form and enforcement of the mandatory delivery.
The Directive is only
partially coherent,
as key principles of EU waste legislation
have not been properly implemented in ports, and significant changes to the
international legal framework in recent years have not been reflected.
The lack of systematic recording of waste delivered in port and the insufficient
exchange of information between Member States have hampered an effective
monitoring and enforcement of the Directive, and have resulted in significant data
gaps on waste streams in port.
These findings have also provided the basis of the problem definition set out in the current
Impact Assessment Report.
2.
P
ROBLEM ANALYSIS
2.1. Description of the main problems
2.1.1.
Main problem 1: Ship generated waste and cargo residues discharged at
sea
A significant part of marine litter (garbage) at sea originates from sea-based sources
20
. Other
waste streams, such as oily waste and sewage, also continue to be discharged at sea in
contravention of existing delivery requirements.
The
ex-post evaluation
of the Directive established that the delivery of ship-generated waste
and cargo residues to port reception facilities has increased since the adoption of the
Directive. However, trends are uneven between the different waste categories, and for some
of these categories a significant amount of waste continues to be discharged at sea.
Quantification of the waste discharged at sea is difficult in the absence of direct data
available. To provide for the best estimate of what is (potentially) discharged at sea, an
alternative approach has been developed for this Impact Assessment: a “waste
gap”
has been
calculated for all waste types, which is defined as the gap between the waste expected to be
http://ec.europa.eu/transport/modes/maritime/studies/doc/2015-ex-post-evaluation-of-dir-2000-59-ec.pdf
REFIT Evaluation of Directive 2000/59/EC, COM(2016)168 final (31.03.2016)
20
Literature generally distinguishes sea-based sources of marine litter from the land-based sources. Besides ships, sea-based sources of
marine litter also include off-shore platforms, and marine aquaculture. However, in the context of this Impact Assessment only ships are
considered where reference is being made to sea-based sources of marine litter
19
10
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generated on board of the ship (and the part expected to be delivered in ports), and the waste
actually delivered in ports, based on waste delivery data available. This approach has been
implemented by using:
(i)
(i)
The so-called
MARWAS model
21
. This model is focused on
merchant and passenger
ships,
and has made calculations of the waste gap for
oily waste and sewage;
Existing reports and literature
22
, which provide for the calculation of the waste gap for
garbage
from
all types of ships,
including fishing vessels and recreational craft.
A detailed
analysis of waste volumes
is provided in Annex 5.
Assessment of the waste gap/potential discharges:
There are no indications that the amount of garbage from ships (marine litter) has decreased in
recent years. Time series of marine litter on European shores indicate that the problem has
persisted since the implementation of the Directive. Although land-based sources are
dominant in generating marine litter, sea-based sources actively contribute to the problem
with an estimated EU average of 32% and values up to 50% for some sea basins
23
. Recent
studies have also indicated that among the sea-based contributors to the problem of marine
litter, the fishing sector features quite dominantly, with the recreational sector also taking a
significant share
24
. Although garbage delivered in ports has increased since the introduction
of the Directive, a significant delivery gap remains, estimated between 60,000 and 300,000
tonnes, i.e. 7% to 34% of the total to be delivered annually.
The illegal discharge of
oily waste
into the sea has substantially decreased over time, as also
evidenced by aerial surveillance data on oil spills detected in surface water
25
. Notwithstanding
the apparent progress in delivery, some oily waste that should be delivered in EU ports is not,
indicating potential discharges into sea, causing harm to the marine environment. The gap
between oily waste generated and treated versus the waste delivered in ports is estimated at
31,000 m3, representing 2.5% of the total volumes to be delivered annually.
Regarding the
sewage
that originates from merchant shipping that is to be delivered to port, it
is estimated that approximately 10% of the sewage that should be delivered on land is not
received by port reception facilities (and thus potentially discharged illegally), corresponding
to a possible waste gap for sewage of 136,000 m
3
Available data on waste deliveries show that after a three-year decrease in volumes delivered,
a slight increase has been recorded since 2008 (see graph). However, lack of registration of
delivered sewage and insufficient knowledge of on-board treatment and mixing with grey
water on board, reduce transparency of the data on sewage deliveries. As regards the
recreational and fisheries sectors, while volumes of sewage generated are similar to those for
the merchant sector, no data on delivery are presently available to determine whether there is
21
The MARWAS model, which was developed and applied in the context of the IA support study (Ecorys, 2016), has calculated volumes of
waste generation on board of vessels, and estimates of expected waste delivery volumes for a list of 29 ports, which together represent
35% of the throughput of all EU merchant ports, and are located across the EU. These volumes were compared to waste delivery data
obtained from the same ports included in the list. For an explanation see Annex 4
22
In particular the European Commission (DG ENV) study “to support the development of measures to combat a range of marine litter
resources” (Eunomia, 2016), which has analysed the issue of marine litter from sea-based sources (see p.101 Figure 24. Delivery Gap).
23
Eunomia (2016), p. 74
24
http://www.fishingforlitter.org.uk/assets/file/Report%20FFL%202011%20-%2014.pdf;
Marine Pollution Bulletin 2016 Unger et al.
(2016); UNEP OSPAR (2009); Marine Litter Distribution and Density in European Seas (2014); Eunomia (2016), p.95, 30% estimate
share for the fishing sector, and 19% for the recreational sector; the balance of sea-based sources is provided by the merchant sector;
Arcadis (2012) has estimated a share of 65% share for the fishing sector alone
25
EMSA (2014) CleanSeaNet; Bonn Agreement (2012)
11
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a similar waste gap. However, based on available sources, estimations point to a possible
waste gap for sewage representing 10% of the total volumes to be delivered annually.
Other waste categories are at present not as problematic, but may become an issue in the
future. Current volumes of
Annex VI waste,
which includes the sludge from exhaust gas
cleaning systems (also referred to as “scrubbers”) as well as the bleed-off water from these
systems, are limited, as there are only a small number of ships that have installed scrubbers on
board
26
. Future developments, such as special areas being designated under MARPOL
27
and
increasing oil prices, may lead to an increased use of these systems on board to meet more
stringent sulphur emission norms. A higher uptake of scrubbers will result in more sludge and
bleed-off water being generated. As no waste delivery data is currently available, it has not
been possible to calculate the waste gap for this type of waste.
Cargo residues are normally a matter for the terminals operating within a port and the
shippers to handle, without direct involvement of the port. For that reason data on
cargo
residues
is limited and a delivery/waste gap could not be calculated for this type of waste. As
cargo residues have an embedded value and delivery implies revenues instead of costs, it is
generally considered that this constitutes a sufficient incentive to deliver cargo residues on
shore, instead of discharging the residues at sea. Nonetheless, volatile commodity market
prices affect their delivery, which is currently the case for oily residues due to the low oil
prices. In addition, it may be very expensive to deliver cargo residues containing noxious
liquid substances to PRF due to high treatment costs
28
.
Discharges of ship-generated waste and cargo residues negatively affect the marine
environment, causing damage to marine ecosystems and resources. In this context, it is worth
highlighting the overall costs at EU level associated with ship-source pollution, in particular
oil (based on estimates of oil spill clean-up) and garbage (based on available estimates of
beach clean-up costs and damage to the fisheries sector):
-
-
-
Cost of shoreline clean-up of oil spills: between
9,000€ and 49,000€
per tonne of oil
spilled
29
Beach clean-up costs (marine litter): approximately
297 million
euro annually
30
.
Damage to fishermen (marine litter): estimates range from 1% of the total revenue
generated by the EU fleet in 2010
31
to 5% of revenue
32
, i.e.
between €60 million and
€300 million per year.
The damage is caused through fouling of propellers, blocked
intake pipes and valves, snagging of nets, silting of cod ends and contamination of
catch.
26
The report from the ESSF Scrubber Subgroup on waste from scrubbers (September 2016) refers to a total of 400 scrubbers having been
sold to date. Sludge and bleed-off water are mostly generated by scrubbers operating in closed-loop mode
27
Recent changes to MARPOL Annex VI include a progressive global reduction in emissions of SOx, NOx and particulate matter and the
introduction of emission control areas (ECAs) to reduce emissions of those air pollutants further in designated sea areas. Furthermore, the
global sulphur cap will be reduced from current 3.50% to 0.50%, effective from 1 January 2020, subject to a feasibility review to be
completed no later than 2018
28
Concerns over high prices for the delivery of hazardous cargo residues and/or non-availability of PRF adequate to receive these residues
have been voiced at several occasions in the context of the ESSF PRF Subgroup
29
Etkin, D.S. (2001). Methodologies for Estimating Shoreline Clean-up Costs clean-up costs per tonne of oil spilled for the Erika, Prestige
and Alfa I incidents, 1999-2012. However, it should be noted that the clean-up costs for operational discharges of oil will not be at the
same level as the costs for clean-up operations in response to large accidental oil spills, as assessed in the study
30
Ex-post evaluation (Panteia, 2015), p.74-75; Although estimated costs for beach clean-up operations also concern marine litter from land-
based sources, the average removal cost of a cubic metre of garbage from the beach will not be substantially different for litter from sea-
based sources. The removal cost was estimated at 673 euro p/m3 of garbage
31
JRC Technical Report: Harm caused by Marine Litter, 2016, p.40
32
Newman, S. et al(2015), p.373
12
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These figures help provide an order of magnitude of the costs associated to marine pollution.
Although it should be acknowledged that there are many different methods in environmental
economics on how to monetize these effects, the above mentioned cost figures indicate that
the environmental costs are significant, so that even with a minimal reduction of discharges at
sea significant benefits can be achieved.
13
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Table 3: Amount of ship-generated waste generated and delivered annually, and the resulting "waste gap"
Annex I - oily waste
Merchant shipping
Waste to
be
delivered
(after
treatment
and legal
discharge
33
)
Actually
delivered
(4)
Delivery
gap (3) –
(4)
1,226,000 m
3
All, including fishing
and recreational craft
1,290,000 m
3
Merchant: 1,226,000
m
3
Fishing vessels: 55,000
m
3
Recreational craft:
9,000 m
3
1,195,000 m
3
Unknown, as waste
delivery data for fishing
ports and marinas are
unknown
Unknown, but
consisting of 31,000 m
3
caused by merchant
shipping and a
contribution from
fishing vessels and
recreational craft from
0 to 64,000 m
3
1,226,000 m
3
Annex IV - sewage
Merchant shipping
1,362,000 m
3
All, including fishing
and recreational craft
2,312,000 m
3
/
2,562,000 m
3
Merchant: 1,362,000m
Fishing vessels: 500,000
/ 750,000 m
3
Recreational craft:
450,000 m
3
Unknown, as waste
Range from 286,000 to
delivery data for fishing
404,000 tonnes
36
ports and marinas are
unknown
Unknown
Between 30,000-
148,000 tonnes (7-
34%)
3
Annex V - garbage
Merchant shipping
434,000 tonnes
34
All, including fishing
and recreational craft
881,000 tonnes
Merchant: 434,000
tonnes
Fishing vessels: 266,000
tonnes
Recreational craft:
171,000 tonnes
35
Range from 580,000 to
820,000 tonnes
Annex VI -scrubber
waste
All (only applicable for
merchant shipping)
24,000m
3
sludge
360,000 m
3
bleed-off
(generated by
scrubbers operating in
closed-loop mode, i.e.
5% of 400)
Unknown
31,000 m
3
(2.5%)
136,000 m
3
(10%)
Between 60,000-
300,000 tonnes (7-
34%)
Unknown
Source: MARWAS (Annex I-IV waste); Annex V waste estimates are based on Eunomia (2016)
33
The models applied have accounted for the waste that is treated on board and/or legally discharged under MARPOL to avoid overestimating the gap between generation and delivery; detailed estimates are provided in Annex 5 (total waste
volumes and illegal discharges)
34
Based on data from Eunomia (2015), including the identified sectors: shipping; cruises; and passenger
35
The balance of waste generated (10,000 tons) is created by navy
36
To get insight in the delivery data of the merchant sector, the total delivered waste volumes are applied to the share of waste produced by merchant shipping (thus considering a common garbage delivery pattern per sector)
14
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Environmental Vulnerability Assessment:
In order to gain a deeper understanding of the actual environmental impact of the waste being
(potentially) discharged at sea, the impact of waste volumes has to be considered in the
context of the
vulnerability of the marine environment
to the different categories of waste,
recognising that different waste types have different effects and levels of impact on marine
ecosystems. To this end, a vulnerability assessment has been done per sea basin
(Mediterranean sea, Black sea, Baltic sea and East Atlantic)
37
, thus providing further insight
into the different territorial impacts of this initiative, as also set out in the Territorial Impact
Assessment report (see Annex 8 for a summary of the report). Given that the methodology has
certain limitations, in as much as it is only based on two specific regional projects and takes a
simplified approach compared to what is being developed in the context of the Marine
Strategy Framework Directive, this analysis is to be taken as an "add-on" to the above
analysis of waste volumes. At the same time, and in the absence of other methodologies
currently available, it provides interesting indications of how the different types of waste may
impact on marine ecosystems in the sea basins.
The vulnerability of the sea regions has been determined on the basis of a number of features
(species, habitats, protected areas and socio-economic effects on human activities) in relation
to the different waste types, taking into account: fate of pollutants, impact of pollutants,
length of interruption and compensation possibility. The following table summarises the total
vulnerability of the sea basins to each waste type.
Table 4:
Summary of environmental vulnerability for ship-generated waste in four
regions of European Seas
38
Environmental
weight
39
Baltic Sea
East Atlantic Sea
Mediterranean Sea
Black Sea
Oily
waste
27
28
24
28
Sewage
Garbage
22
19
24
19
35
35
35
35
From the above table two main conclusions can be drawn:
Firstly, garbage poses the most significant risk to all sea basins, with no regional
differences among them, followed by oily waste and sewage.
Secondly, it seems that the East Atlantic and Black Sea regions are more sensitive to
oily waste than the Mediterranean and the Baltic Sea, whereas the Mediterranean
region is the most vulnerable in relation to sewage from ships.
37
The methodology proposed in the present vulnerability study has similar principles with Marine Strategy Framework Directive, inasmuch
as it uses features overlapping with the MSFD descriptors and list of pressures and impacts. However it is not fully in compliance with
the methodology/approach currently being developed in the context of the MSFD. In the absence of a reliable and straightforward
methodology covering all relevant MSFD descriptors, the proposed methodology, which is based on two projects implemented in the
Northeast Atlantic and the Baltic (BRISK and BEAWARE), is used for convenience for the purposes of complementing the analysis of
environmental impacts of various policy options amending the PRF Directive. For more explanation on the methodology applied, see
Annex 4
38
The numbers in the table present the sum of the individual vulnerability scores, see annex 4 for an explanation of the methodology
39
The scoring defines the relative environmental vulnerability towards a unit load (e.g. 1 ton per year) of a specific waste type. E.g.: score
value of 1 for feature A and a score value of 2 for feature B means that feature B is twice as vulnerable to the specific waste type as feature
15
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2.1.2.
Main problem 2: Administrative
implementation of the PRF Directive
burden
associated
with
the
The inefficiency of the EU system on port reception facilities was also among the key
findings of the ex-post evaluation
40
, which concluded that: “Even
though the costs associated
with the implementation of the Directive are generally outweighed by the (environmental)
benefits generated, the costs are not always proportionate to what is being gained from
complying with the Directive”.
The implementation of the Directive creates a substantial administrative burden for ports, port
users and relevant competent authorities, part of which can be considered as
disproportionate,
as outlined below
41
.
-
Development, assessment and monitoring of the Waste Reception and Handling
Plans;
the Directive requires Member States to evaluate and approve the Waste
Reception and Handling Plan, monitor its implementation and ensure re-approval at
least every three years and after significant changes in the port. The assessment of the
plan will be done against the criteria in Annex I to the Directive, and will normally
require a site visit
42
. The process of assessment, approval and monitoring implies
effective communication between the Competent Authorities and the ports. For
transparency purposes, certain key information from the plans should be made
available to all port users, either through publication of (part of) the plan on the
website, or through leaflets/brochures
43
.
Smaller ports feel that these procedures
create a disproportionate administrative burden. The cost for developing and annually
updating a Waste Reception and Handling Plan for a small port has been reported to
be as much as 9,000 euro (approximately 5,500 euro for developing the plan and
3,500 euro for updating the plan). However, this cost is defined by the level of detail
in the plan, which depends on the port's size, geographical location, and the type of
traffic coming into the port, thus providing some leeway to smaller ports in the
development of the waste plan (see chapter 5.2, “discarded policy measures”).
Exemptions for ships in regular and scheduled traffic
If a ship wants to be exempted from the obligation of the advance waste notification,
delivery of waste, and the payment of the fee in a specific port (based on the
conditions for ships in regular and scheduled traffic), it has to submit an application to
the Competent Authorities of the Member State, in which that port is located. The
administrative cost for the ship to apply for an exemption is estimated at 2,128 euro.
The Competent Authorities will assess the application against the criteria laid down in
the Directive (which includes a document check on whether there is an arrangement in
place for delivery and payment of the fee in a port along the ship's route). If the result
of this assessment is positive, the authorities will grant the exemption clearly
stipulating its conditions and monitor the situation. The cost for assessing and granting
an exemption is estimated at 5,275 euro. The Member States also have to inform the
Commission on a regular basis of the exemptions granted. Since June 2015, this is also
possible by reporting the exemptions electronically into SafeSeaNet
44
.
Due to different
-
40
41
Ex-post evaluation (Panteia, 2015), chapter 9 on Efficiency
For the estimates of the costs provided in this section, see Annex 9 providing detailed calculations of the administrative burden
42
EMSA Technical Recommendations for the implementation of Directive 2000/59/EC (25/11/2016), Annex II, p.35
43
As defined in Annex I to the PRF Directive and in the EMSA Technical Recommendations, chapter 3.5.2.3, p.11
44
The Union Maritime Information and Exchange System (SafeSeaNet), established by Directive 2002/59/EC, is a European Platform for
maritime data sharing, hosted and operated by EMSA
16
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criteria for granting an exemption, application procedures are different for each and
every port, and ships spend a lot of time preparing the applications, which could be
avoided if the procedures were standardised. Also, due to a lack of exchange of
information on exemptions, ports spend extra time checking whether the conditions for
granting an exemption have been fulfilled, as well as monitoring exemptions, which
could be made easier if the necessary information was made (electronically)
available.
-
Advance Waste Notification
Before calling in a port, a ship needs to submit an Advance Waste Notification to the
Competent Authorities of the Member State where that port is located, specifying the
volumes and types of waste it intends to deliver, the storage capacity on board, and the
waste that will be retained on board until the next port of delivery
45
. The costs for
reporting the Advance Waste Notification are estimated at an average of 40.43 euro
per port call representing 89.9 million euro annually. The port, or the appropriate
waste management authority in the port, should on receipt of the Advance Waste
Notification facilitate the waste delivery process (where appropriate), examine the
information notified and report any inconsistencies, including absence of notification
or possible non-compliance with the Directive's mandatory delivery requirement to the
authority charged with inspections.
Currently the EU Advance Waste Notification is not aligned with the international
form (IMO Circular 834) due to the differences in definitions between the EU
Directive and MARPOL. Therefore, ships calling at EU ports need to complete and
report a different form than the one applicable internationally (MARPOL). The time
for reporting could be shortened significantly if those forms were fully aligned. At the
shore side, time and resources are lost due to parallel systems in place for the
exchange of information between the authorities and/or the lack of electronic
monitoring and reporting. Considering the number of port calls, potential gains in
administrative burden reduction are substantial.
Monitoring and exchange of information
The Directive requires Member States to monitor implementation of the requirements,
including the identification of ships, which have not delivered their waste in
accordance with the Directive, and exchange information to allow for effective
enforcement cooperation. To this end a Common Monitoring and Information System
should have been developed. In the absence of a unified system, however, Member
States have developed their own reporting and monitoring systems in the course of
years.
Only in recent years has an EU-based electronic system been employed to support
monitoring and implementation of the Directive (largely based on SafeSeanet – for
reporting and exchange of information - and THETIS EU - for reporting the results of
inspections).
As a consequence, electronic systems are operating in parallel at EU and national
level. The case studies have confirmed these findings and have indicated that data is
not systematically exchanged between ports or Member States.
Setting up and operating Cost Recovery Systems
Member States have to set up a cost recovery system that respects the principles and
requirements laid down in the Directive, of which the most important is the obligation
-
-
45
Since June 2015 Member States need to provide for electronic reporting of the waste information in accordance with the requirements of
Directive 2010/65/EU on reporting formalities for ships arriving in and/or departing from ports of the Member States
17
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of the indirect fee, i.e. the part of the fee that is charged irrespective of delivery of
waste by the ship. According to a separate statement from the Commission this part
shall represent at least 30% of all of the costs of reception and handling of the waste
46
.
Depending on the type of system established, this will imply either close involvement
of the port authorities in the waste process and close connections to the PRF operating
in the port, or limited involvement, where ships may have to deal directly with the
operators with very limited intervention from the port authority. Competent authorities
have to ensure that the fees are fair, transparent, non-discriminatory and reflect the
costs of the facilities and services. For this, the amount of the fees, and the basis on
which they have been calculated, should be made clear for the port users.
Lack of transparency hampers a ship’s waste planning process and may lead to
unnecessary delays. Considering that there are over 2.2 million of port calls per year,
even minimal delays can represent a significant burden for the sector as a whole.
Depending on the CRS in place, ports may also spend excessive time in operating the
system, which could be avoided if the calculation of the indirect fee was simplified.
-
Inspections of the mandatory delivery obligation
Irrespective of the type of inspection framework applied, the Directive requires that a
25% minimum inspection target is applied
47
. In other words, 25% of all individual
ships calling annually in the port of a Member State shall be the subject to an
inspection in order to verify whether the ship has complied with the delivery
requirements of the Directive. This corresponds to 19,550 inspections annually
48
. The
port side will not be considered in the context of "administrative burden" (as this falls
under the enforcement obligations of the MS), but on the ship’s side, the crew on
board also has to collaborate in these inspections by answering the questions, showing
the required documentation, etc. The inspectors, upon completion of the inspection
process, are required to document and report the results. Since 2016, the reporting may
be done electronically in THETIS-EU, an inspection database that has been developed
by EMSA to facilitate the reporting of PRF inspections, as well as the subsequent
exchange of information between the relevant authorities.
Being involved in two
parallel inspection regimes, one checking MARPOL compliance (through Port State
Control) and one purely checking compliance with the Directive, creates an
unnecessary burden on the crew that could be substantially reduced if the inspections
were fully integrated.
Based on an update of the figures from the ex-post evaluation (Panteia, 2015), as well as the
inclusion of additional categories of administrative costs, the financial burden for complying
with the information obligations in the Directive is estimated at
127 million €.
A detailed
breakdown is presented in the Table below
49
, highlighting the contributions from the different
obligations in the Directive that have an impact on the administrative burden for both ports,
port users, and competent authorities.
Article 8 par.2 (a) •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 (OJ L332, 28.12.2000, P. 0081 – 0089) and 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 - Commission
declaration (OJ L 332 , 28.12.2000 P. 0090)
47
This target is derived from the former Port State Control Directive: Directive 95/21/EC 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)
48
See Annex 7: EMSA assessment of the enforcement options, annex II provides a breakdown of the number of inspections per Member
State
49
Ex-post Evaluation (Panteia, 2015), p.76 Table 6 Costs and benefits
46
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Table 5:
Annual administrative costs caused by the Directive (million €)
50
Stakeholder
Competent authorities
Port users
Competent authorities
Port users
Annual
costs
4.1
5.0
12.3
89.9
Administrative costs
Costs for Member States to approve WRH plans
Application for an exemption
Assessment and granting exemptions
Advance waste notification – reporting
Advance waste notification – assessment
Inspection – providing documentation
collaboration
Inspection – reporting results from inspections
Total
Ports
/
authorities
and Port users
competent 7.8
0.5
0.4
127
Competent Authorities
These costs can be considered a problem, to the extent that they are partly unnecessary and
due to inefficiencies in the system. As noted in the ex-post evaluation, a significant part of the
administrative burden could be avoided by having a more harmonised and consistent
implementation of the Directive and/or by addressing the legal inconsistencies between
MARPOL and the Directive. These specific problems will be explained in more detail in the
description of the drivers below. Only after the analysis of the problem drivers of the
administrative burden has been completed, can an estimate of cost savings be provided.
2.2. The underlying problem drivers
The problem drivers and underlying root causes are presented in the graphic below.
50
See Annex 9 for a detailed quantification of the administrative burden, based on a re-calculation of the figures provided in the ex-post
evaluation based on statistical data from Eurostat on average hourly wage cost in the public sector (21.98€) as well as for the maritime
sector (26,60€), taking 2015 as a reference year
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Overall problem
Problem drivers
1. Inadequate reception and
handling of waste by Port
Reception Facilities
Root causes
1. Lack of separate collection of waste in ports
2.WRH plans do not incorporate the waste hierarchy
3. Insufficient consultation of port users on WRH plans
4. Annex VI waste (waste from scrubbers) not included in
the definition of ship generated waste
Ship-generated waste and
cargo residues discharged
into sea
2. Insufficient cost incentives for
the delivery of ship generated
waste to ports
5. Lack of alignment of the Cost Recovery Systems
6. Lack of transparency of fee systems
7. Fees cannot be considered fair, non-discriminatory and
reflecting actual costs
8. Fishing vessels and recreational craft excluded from
the indirect fee
3 Ineffective and insufficient
enforcement of the mandatory
delivery obligation
Administrative burden on
ports, port users and
competent authorities
9. Unclear scope of the mandatory delivery obligation
10. Unclear definition of the sufficient storage capacity
11. Advance Waste Notification not used for selecting
ships for inspection
12. Uncertainty over legal framework for inspections
13. Lack of reporting, monitoring and exchange of
information
14. Fishing vessels and small recreational craft not
subject to inspections
4. Inconsistent and outdated
definitions and forms
15. Differences in definitions used in the Directive and
MARPOL
5. Inconsistent application of
exemptions to ships in
scheduled traffic
16. Exemption regime not harmonised: different criteria
and conditions for ships in scheduled traffic
2.2.1.
Problem driver 1: Inadequate reception and handling of waste by Port
Reception Facilities
Adequate port reception facilities are a precondition for increasing the delivery of waste
onshore and reducing discharges at sea. The Directive describes “adequacy” of reception
facilities as being “capable
of receiving the types and quantities of ship-generated waste and
cargo residues from ships normally using a port”.
However, questions remain around the
exact meaning and interpretation of this concept, as well as problems in terms of the reception
and handling of waste. In particular, the following issues pose a challenge to ensuring the
adequacy of waste facilities in ports:
1. EU Waste Hierarchy not fully implemented in the context of ship-generated waste;
no separate collection of ship-generated waste in ports
(root causes 1 and 2)
The majority of the Waste Reception and Handling Plans do not include the basic principles
20
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of the waste hierarchy. This is a missed opportunity as the waste plans, in which both ports
and port users are involved, provide a strong base for connecting the waste flows at the ship-
port interface. This was also pointed out by a majority of respondents (47
51
out of 79
respondents, i.e. 60%) in the Open Public Consultation. The lack of implementation of the
waste hierarchy in the delivery and processing of ship-generated waste on land also
discourages port users from applying the principles of environmentally sound management of
waste on board of ships. However, it should be noted that more than half of the respondents
coming from the port sector (15 out of 26) did not consider the implementation of the waste
hierarchy important, while, almost all of the port users that responded to the survey (12 out of
13) and most of the PRF operators (7 out of 10) considered this an important issue.
In the context of the implementation of the waste hierarchy, the problem of a lack of separate
collection of waste from ships in ports has come to the foreground. Under the Waste
Framework Directive, Member States may still deviate from the general obligation to provide
for separate collection at local/municipal level if the segregation is not considered
“economically/financially viable”
52
. As a result, many ports do not provide for separate
collection in ports, and collect garbage in one container for further disposal. In particular for
smaller ports, and thus in remote locations, setting up separate collection systems may pose
significant challenges, as also shown in a recent study in relation to the separate collection of
solid waste at municipal level
53
. It should be taken into account that the majority of
respondents in the targeted survey (22 out of 33 who responded to the question, mainly
consisting of port authorities and ship operators) believed that reinforcing the waste hierarchy
would result in an increase of the administrative burden, whereas more than half of the
respondents (17 out of 30, mostly port authorities and PRF-operators) thought that this would
increase their operational costs.
The lack of separation of waste on shore hinders the proper handling of waste on board,
including the willingness and motivation of the crew on board
54
. This issue has been
mentioned at various occasions by representatives from the shipping sector during stakeholder
consultations meetings where the revision of the Directive was discussed
55
. The lack of
separate collection also hinders further reuse and recycling of the waste, based on its residual
value, as required by the waste legislation, especially the EU Waste Framework Directive.
The waste hierarchy, which gives preference to recycling and reuse over incineration and
landfill, is often not properly reflected in the waste reception and handling plans of the
ports
56
.
An additional problem is posed by the application of the Animal By-Products Regulation
(Regulation 1069/2009), which requires catering waste from ships operating internationally,
to be incinerated, in particular when this catering waste has been in contact with animal by-
products (food waste). This includes plastic bottles and other packaging waste with a high
51
Among which: 11 out of the 26 ports, 12 out of the 13 ports users, 5 out of the 11 Member States authorities, 7 out of the 10 PRF
operators/associations, and all 4 NGOs responding to the Open Pubic Consultation. Of the remaining respondents, 17 were neutral or had
no firm opinion about the question (20%) and 17 said that this is not an important issue (20%)
52
Article 10 par.2 Directive 2008/98/EC states: 'Where necessary to comply with paragraph 1 and to facilitate or improve recovery, waste
shall be collected separately if technically, environmentally and economically practicable and shall not be mixed with other waste or other
material with different properties.'
53
Only 19% of generated municipal waste is collected separately in EU-28 capitals: in other words, 80% of the waste still ends up in the
residual waste bin (European Commission, DG ENV, (2015), 'Assessment of separate collection schemes in the 28 capitals of the EU',
page unnumbered). See also in the same report 'Table: Headline scoreboard including results from 28 EU-Capitals', page 17
54
As also established by the ex-post Evaluation (Panteia, 2015, p.103)
55
Meetings of the ESSF PRF Subgroup, as well as more recently the TIA Workshop organised by DG REGIO on 17 March.
56
This is also a reflection of the overall problem of MS to achieve the general targets for re-use and recycling set in the Waste Framework
Directive: Out of 32 European countries, 'the majority… will need to make an extraordinary effort in order to achieve the target of 50%
recycling by 2020', as defined under Article 11 Waste Framework Directive 2008/98/EC. (EEA Report no. 2/2013 'Managing municipal
solid waste – a review of achievements in 32 European countries', p.6)
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potential for recycling, and will especially affect those ports with a high level of international
traffic
57
.
2. Port users are not properly consulted in the development and re-assessment of the
Waste Reception and Handling Plans
(root cause 3)
Although the Directive expressly requires consultation of the relevant parties at the stage of
development of a new plan, it is less clear on consultations at the stage of evaluation and re-
approval. The lack of consultation contributes to inadequacies in port reception facilities, as it
will be more difficult to align the facilities with the needs of the port users, when these needs
have not been sufficiently heard and defined during the consultation process. The targeted
survey has indicated that port users generally do not feel that they are properly consulted in
the development, implementation and revision of the Waste Reception and Handling Plans
58
.
Smaller ports in particular claim that they miss the capacity to properly draft plans and
include port users in this process.
According to the EMSA horizontal assessment report (2010), especially fishing and
recreational ports, often did not have a Waste Reception and Handling Plans in place and if
they did then these plans were poorly monitored. The relevant authorities had either failed to
require and/or verify that these ports drafted a waste plan, or had exempted smaller
recreational ports from this requirement.
59
The ex-post evaluation of the PRF Directive found
that among the WRH plans developed by fishing ports, only 48% included an assessment on
the need for port reception facilities
60
.
3. MARPOL Annex VI waste not included in the scope of the Directive
(root cause 4)
Exhaust gas cleaning systems, also referred to as "scrubbers", are installed on board of ships
as a way to meet the new sulphur emission limits to reduce air pollution from ships, as
introduced by the latest amendment of Directive 1999/32/EC on the sulphur content of marine
fuels
61
. These systems produce waste in the way of sludge and bleed off water, which is not
allowed to be discharged under MARPOL and has to be delivered to waste facilities in ports.
Given the chemical composition, the waste requires special reception and treatment on shore.
However, since MARPOL Annex VI waste is not included in the scope of the Directive, there
is no EU obligation for the provision of facilities adequate for the reception and handling of
this type of waste, nor a mandatory delivery requirement. As a consequence, currently few
ports in Member States today provide facilities that are capable of handling the waste from
scrubbers, whereas in other ports the scrubber sludge is reported and collected as oily waste
62
.
Annex VI waste is particularly relevant for vessels operating exclusively or primarily in
(Sulphur) Emission Control Areas, notably the Baltic Sea and the North Sea area
63
, and it may
be expected that in the future more sea basins will be designated as special emission zones
under MARPOL. By extension, the IMO has recently decided
64
that a global low sulphur cap
57
This issue was discussed in detail with DG SANCO in the context of the 5
th
meeting of the ESSF PRF Subgroup (25/5/2016); reflected in
Points 50-53 of the Minutes of the meeting
58
49 respondents (i.e. 60%) to the Open Public Consultation were of the opinion that the insufficient consultation of port users is an important
or very important factor contributing to the inadequacy of PRF. Among them are 10 ports (out of 26 responding), 12 port users (out of 13),
7 MS authorities (out of 11), 6 PRF operators/associations (out of 10), and all 4 NGOs responding to the Open Public Consultation
59
EMSA Horizontal Assessment Report – Port Reception Facilities (Directive 2000/59/EC), 2010, p.10
60
Ex-post evaluation (Panteia, 2015), p.46
61
Directive 1999/32/EC was amended by Directive 2012/33/EU of the European Parliament and of the Council of 21 November 2012
62
For estimates on sludge and bleed off generation from scrubbers, please refer to section 2.1.1 and Annex 5
63
The Baltic Sea and the North Sea were designated as Sulphur Emission Control Areas under MARPOL Annex VI
64
MEPC 70, October 2016
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will be introduced in 2020, resulting in a growing pressure to comply with overall sulphur
emission norms through application of scrubber technology on board.
For the Member States bordering Emission Control Areas, scrubber waste only significantly
affects some segments of the shipping industry. Most of these segments already have
agreements in place with waste operators for delivering their scrubber waste. However, It is
has been noted in interviews and sector publications
65
that, due to relatively low fuel prices
over the past two years, many ship owners have opted for using low sulphur fuel instead of
investing in scrubber technology. As a consequence, volumes of scrubber waste have
remained low. However, this trend could be reversed by an increase in fuel prices.
In the targeted survey, the majority of the respondents
66
indicated that they expected an
increase in the amount of scrubber waste delivered to ports from broadening the scope of the
Directive by including MARPOL Annex VI waste. However, the ports that were assessed as
part of the case studies undertaken in the context of the Impact Assessment support study
concluded that: (i) there is a high degree of uncertainty about the delivery of future scrubber
waste volumes; and (ii) required investments and operational costs are strongly dependent on
current facilities and systems in place. The interviewees indicated that, so far, they have seen
little or no demand for scrubber waste delivery, and stated that it is highly uncertain if this
will increase in the near future.
2.2.2.
Problem driver 2: Insufficient cost incentives for the delivery of ship
generated waste
The Directive requires that the costs of port reception facilities for ship-generated waste,
including the treatment and disposal of the waste, are covered through the collection of a fee
from ships. This obligation is based on the "polluter pays principle", in that the costs should
be borne by the port users, as opposed to any other stakeholder. In order to ensure that the
cost recovery systems provide no incentive for ships to discharge their waste into the sea, the
Directive requires that all ships "contribute significantly" to the costs of the facilities,
irrespective of their actual use of the facility (the indirect fee component)
67
. At the same time,
ports have the possibility to differentiate the fee on basis of the category, type and size of the
ship, as well as on the basis of the environmental performance and operation.
1. Lack of harmonisation of cost recovery systems in EU ports (root cause 5)
The significant contribution has been interpreted widely and has resulted in different models
of Cost Recovery Systems being applied in EU ports: some ports apply systems based on a
100 % indirect fee (with variations), whereas others operate systems where the indirect fee is
only partially implemented (only covering some of the waste types) or applied through a
reimbursement or penalty in case of non-delivery. There are also still a number of ports with
100% direct fee systems in place, where the ship pays on basis of volumes delivered, although
these systems do not meet the significant contribution requirement in the Directive
68
. Fees for
garbage are typically of an indirect nature, while fees for sewage and oily waste are of a direct
nature.
65
66
67
See
http://www.platts.com/latest-news/shipping/houston/oil-price-collapse-hits-sales-of-exhaust-gas-2601602
30 respondents (73% of the 35 expressing an opinion)
The Commission specified in a separate Declaration annexed to the Directive that the significant contribution should be understood as " a figure
of the order of at least 30 % of the costs referred to in article 8(1); O.J. L 332/90, 28.12.2000
68
A detailed description of cost recovery systems in in Member State ports is provided by an EMSA study from 2005 (Carl Bro, p.9) and
updates of this assessment have been reported in the ex post evaluation (Panteia, 2015)
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The variations in Cost Recovery Systems can partly be explained by the differences in
strategy and administration of ports across the EU, in particular whether the port is publicly
owned and operated private or privately owned/operated.
Table 6: Cost Recovery Systems in EU ports
69
1. 100% Indirect Fee System:
these charge ships a waste handling fee, irrespective of
their use of facilities (this model is also referred to as a
"No Special Fee Systems");
2. Administrative Waste Fee Systems:
these charge ships a fee, which is partly based on
the amount of waste, delivered, and an additional fixed fee, which is refundable on
delivery of waste;
3. 100% Direct Fee Systems:
charge port users based on the volumes of waste
discharged, without an additional standard fee.
As a consequence, the level of the incentives to deliver the waste on land is not the same for
all EU ports (from 100% incentive to no incentive at all). This has been confirmed by
stakeholders in response to the Open Public Consultation: 51
70
out of 79 respondents (63%)
indicated that this lack of alignment leads to insufficient incentives for delivery. In addition,
the lack of alignment between the Cost Recovery Systems in EU ports creates unnecessary
administrative costs particularly for the shipping sector, and does not provide for a level
playing field, where all operators can compete under equal conditions.
In the case studies undertaken as part of the Impact Assessment support study, one port
highlighted frustrations among stakeholders due to the different practices applied for defining
“sufficient storage capacity”, as well as the fact that sometimes the ships have to pay the
waste fee, despite of only delivering small volumes of waste ("application of the indirect
fee").
2. Lack of transparency as regards the fee structure and the basis for calculation (root
causes 6 and 7)
Irrespective of the type of cost recovery system in place, the Directive requires that the fees,
and the basis on which they have been calculated should be made clear to the port users. To
this end, the Waste Reception and Handling Plan shall include a description of the charging
system, which is listed also among the information to be made available to all port users
71
.
However, ports do not always provide information on their fee system for waste handling,
including basic fee levels to the port users, and if they do, the relationship between the fees
charged and the costs of the waste handling process is often not clear. This was among the
key findings of the EMSA Horizontal Assessment (2010), which reported 14 out of 22
Member States failing to do so
72
. The lack of transparency was also considered a major issue
69
Following the categorization as stated in EMSA (2010), Horizontal Assessment Report - Port Reception Facilities (Directive 2000/59/EC),
page 18-19
70
Among which: 13 out of the 26 ports, all 13 port users, 6 out of the 11 MS authorities, 8 out of the 10 PRF operators/associations and 2 out
of the 4 NGOs responding to the OPC. Of the remaining respondents, 22 were neutral or had no firm opinion about the question (27%) and
8 said that this is not an important issue (10%)
71
Annex I to Directive 2000/59/EC; this obligation is in line with Article 12 of Regulation (EU) 2017/352 of the European Parliament and of
the Council of 15 February 2017, establishing a framework for the provision of port services and common rules on the financial
transparency of ports
72
As also confirmed in the 2015 ex-post evaluation (Panteia, 2015)
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by stakeholders in the open public consultation: a majority of respondents (55
73
out of 79, i.e.
69%) acknowledged that the relationship between fees and the actual costs of the reception
facilities is unclear. The port users unanimously supported this view, but not all the port
respondents agreed to this, with only 65% of ports (15 out of the 26) sharing the same
opinion.
One of the reasons for this is that many ports have outsourced the service of providing port
reception facilities to external waste operators and therefore do not have the detailed
economic overview of the costs associated with the waste handling process. They may only
have the negotiated price from the waste operator based on the services provided. However,
there are also ports that intervene actively in the process and manage all the payments
between the ship and waste operators. The availability of a transparent
overview of the
cost/fee structure
thus depends on the design and operation of the port’s Cost Recovery
System (see problem driver 1), which reflects the diversity of EU ports as regards governance
structure and administrative set up. With regard to the
calculation of the waste fee,
some
ports charge the costs from the waste operator directly to the ship, while others include
different types of cost in the waste fee, such as administrative costs. It is currently left to the
individual port to determine the payment flow for waste handling services and the level of the
waste fee. As a consequence, there is
no harmonised method for the calculation of the fee
and many different payment and invoicing systems are being implemented.
This is also true when it comes to the application of a reduction in the waste fee to a ship that
can demonstrate that it produces reduced quantities of ship-generated waste ("a green ship in
the context of article 8(2) of the Directive). The lack of common criteria or minimum
requirements for green ships ultimately leads to distortion of competition
74
.
A level playing field is considered of crucial importance for both the shipping sector and port
sector. Fair competition requires equal application of regulations across these sectors. In this
context, the
ex- post
evaluation concluded that due to the lack of harmonisation, the fees are
not always considered “fair, transparent, non-discriminatory and reflecting the costs of the
facilities”.
3. Fishing vessels and small recreational craft not included in the indirect fee (root
cause 8)
Fishing vessels and recreational vessels carrying less than 12 passengers are exempt from the
mandatory 'indirect' fee provided for in the Directive. However, the delivery of waste by such
vessels is still mandatory, and fishing vessels and small recreational crafts may have to pay
(direct) fees based on the volume of waste they deliver. This does not provide a sufficient
incentive for these vessels to deliver waste to port reception facilities.
The provision of appropriate reception facilities is a preventative measure that can reduce the
likelihood that fishermen discharge their waste at sea, but the accessibility of the reception
facilities and the cost of their use discourage delivery by these vessels. The respondents to the
targeted survey confirmed that costs are one of the major deterrents to deliver waste: 9
respondents (50%) indicated that costs for waste disposal discourage the delivery of waste, in
particular garbage (including household waste).
73
Among which: 15 out of the 26 ports, all 13 port users, 8 out of the 11 MS authorities, 8 out of the 10 PRF operators/associations and 2 out
of the 4 NGOs responding to the OPC. Of the remaining respondents, 19 were neutral or had no firm opinion about the question (23%) and
7 said that this is not an important issue (8%)
74
This was concluded during the second stakeholder conference (January 2016) in the context of the DG MOVE Study on differentiated port
infrastructure charges to promote environmentally friendly maritime transport activities and sustainable transportation
(Cogea, 2017)
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A specific issue in this context is the waste made up of
abandoned, lost or otherwise
discarded fishing gear.
Stakeholders from the fishing sector confirmed that it is often
difficult or costly to dispose of end-of life-nets in ports (8 out of the 11 respondents who
expressed an opinion about this topic in the targeted survey). Furthermore, literature confirms
that economic incentives play an important role in addressing the problem. For example, the
2016 GHOST Manual
75
found that economic incentives are potentially important in solving
the problem, provided that they are used in the framework of an integrated strategy. The 2009
FAO Study on Abandoned, lost or otherwise discarded fishing gear
76
found that a fee-for-
service approach (i.e. direct fees) can be a barrier to the use of port reception facilities since
vessel operators may not wish to pay for such fees and, instead, may opt to illegally dispose
of their garbage at sea at no immediate direct cost. A general (i.e. indirect) fee, requiring that
all vessels using a port pay a standard fee, was believed to be more effective.
In addition, economic incentives to deliver
passively fished waste
are also lacking. Passively
fished waste constitutes the waste that is caught in nets during fishing operations, but which
does not form part of the operational or household waste of the vessel itself. Half of the
respondents to the fisheries survey indicated that costs discourage the delivery of waste
collected in nets and garbage (including household garbage) to port reception facilities, while
at the same time the majority (14 out of 18, i.e. 78%) were in favour of the introduction of the
possibility to deliver waste caught in nets or deliberately retrieved from sea free of charge.
Similarly, although less acute, economic incentives are also lacking for small recreational
craft. As explained in chapter 2.2.2 this sector, due to the large number of vessels, is also
responsible for a significant share of garbage (19%) found at sea.
2.2.3.
Problem driver 3: Ineffective and insufficient enforcement of the
mandatory delivery obligation
1. Confusion over the scope of the mandatory delivery requirement for ship generated
waste and the application of the exception based on sufficient storage capacity (root
causes 9 and 10)
The relationship between the Directive's mandatory delivery requirement, which applies to
"all" ship generated waste, and the MARPOL discharge norms, in particular when the next
port of call is a non-EU port, remains unclear. As explained above, MARPOL still allows for
operational discharges to be made at sea under strict conditions. Although the Directive is
based on the international norms contained in MARPOL, the Directive has a number of
provisions that lay down a more ambitious objective, namely to prohibit all discharges at sea
by imposing a strict delivery obligation applicable to all waste, except when the ship has
sufficient storage capacity on board until the next port of delivery (article 7). As regards cargo
residues, the Directive follows a different approach by requiring the delivery to port reception
facilities in accordance with provisions of MARPOL.
However, uncertainty remains around the definition of
all
waste, in particular in the light of
footnote 1 in Annex II (Waste Notification), which specifically refers for the possibility to
legally discharge sewage under MARPOL Annex IV, and specifies that in such a case the
75
GHOST Hands-on Manual to prevent and reduce abandoned fishing gears at sea, 2016;
http://www.ghostgear.org/sites/default/files/attachments/gggi_best_practice_framework_part_2.pdf
76
Abandoned, lost or otherwise discarded fishing gear, United Nations Environment Programme (UNEP), Food and Agriculture Organization
of the United Nations (FAO), 2009, p. 80
26
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waste does not need to be notified before entry into port. This legal ambiguity in the
provisions has resulted in confusion among Member States and stakeholders on the scope of
the mandatory delivery obligation and the application of the sufficient storage capacity
exception. Since there is no clear definition of "sufficient storage capacity" in the Directive,
Member States apply different interpretations and thresholds. This lack of harmonisation has
created inefficiencies in the waste delivery process, as confirmed by a majority of respondents
to the Open Public Consultation
77
.
2. Insufficient use of the waste notification forms
Under the Directive, each ship bound for an EU port - with the exemption of fishing vessels
and recreational crafts carrying no more than 12 passengers - has to notify the authority at
least 24h prior to its arrival. The master of the ship is required to truly and accurately fill in
the form as presented in Annex II of the Directive. This form, and the information contained
therein, should provide the basis for the selection of ships for inspection.
However, in the Open Public Consultation, the majority of the respondents (46 out of 74)
indicated that the insufficient use and inspection of the waste notification forms lead to
insufficient enforcement. The ex-post evaluation of the Port Reception Facilities Directive
also concluded that ports and inspection authorities make insufficient use of the forms for the
purpose of monitoring and inspection.
Since Member State authorities do not always use the information notified for this purpose, or
do not share the information with the enforcement authorities, it becomes difficult to select
ships for inspection based on the criteria laid down in the Directive.
3. Legal uncertainty over the appropriate framework and basis for inspections (root
cause 12)
Although the Directive provides for the possibility that inspections may be conducted within
the framework of the Port State Control Directive
78
, an inspection to verify compliance with
the Directive’s mandatory delivery requirement for ship generated waste, has a different scope
and objective than a Port State Control inspection, which focuses on compliance the
international requirements and certificates. This has created legal uncertainties and explains
why in reality less inspections are conducted than required by the Directive (25%); most of
the inspections conducted in the framework of port state control do not verify compliance
with the Directive’s requirements, but only check compliance with MARPOL. At the same
time, it should be noted that the 25% inspection target stems from the repealed Port State
Control Directive. This Directive has been replaced by Directive 2009/16/EU, which has
introduced a new approach to inspections based on the effective targeting of vessels in view
of their risk profile.
77
More than 60% of the respondents to the OPC noted the following contributing factors to the problem of enforcement: (i) the inconsistency
between mandatory discharge requirement (for ‘all’ ship-generated waste) and the MARPOL discharge norms (52 respondents), (ii) the
insufficient use and inspection of waste notification forms by the relevant authorities, and the insufficient reporting on quantities and types
of waste delivered to EU ports (46 responses), and (iii) the insufficient exchange of information (49 responses)”. 70 % of the respondents
(56 stakeholders) considered the unclear definition of sufficient storage capacity to be an important contributor to the problem of
insufficient and ineffective enforcement of the mandatory delivery requirement
78
Directive 2009/16/EC of the European Parliament and of the Council on port State control (OJ L 131, 28.5.2009, p. 57)
27
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4. Insufficient monitoring and exchange of information (root cause 13)
Not all port authorities keep track of the specific amounts of waste delivered to their port over
time, as the electronic means for doing so are generally not in place and there is no legal
requirement to have an on-site waste accounting system. Ports that collect this information act
on the basis of their own data needs, using their own units of measurement, which
complicates the monitoring of compliance and progress within the overall objectives and
requirements of the Directive. The lack of data on waste streams, in terms of the amounts and
types of waste delivered to port reception facilities, hampers the effective monitoring of the
effectiveness of the Directive, in particular its mandatory delivery. In addition, the port case
studies have indicated that information on the results of inspections, as well as on the
exemptions granted to ships in scheduled traffic, is not systematically reported and exchanged
between Member States, so as to allow for cross-border cooperation in enforcement.
5. Fishing vessels and small recreational craft not included in the enforcement
framework conditions/criteria (root cause 14)
The Directive obliges Member States to establish control procedures,
to the extent required,
for fishing vessels and recreational craft below 12 passengers to ensure compliance with the
Directive. At the same time, these vessels are exempt from the specific inspection
requirements and control procedures laid down in the Directive. This has resulted in a
situation in which control procedures for fishing vessels and small recreational craft in
general are lacking
79
. In addition, fishing vessels and small recreational craft are not obliged
to notify the port of the waste they intend to deliver and the storage capacity on board, as they
are also exempted from the advance waste notification. As a consequence, key information on
waste disposal from these vessels is missing, which also stands in the way of any meaningful
inspection or effective monitoring. In view of the significant contribution of these vessels to
the problem of marine litter, the lack of enforcement is problematic and constitutes a
significant legal gap in the system
80
.
In the targeted survey for fisheries the majority of the respondents (9 out of 18) considered the
introduction of a measure requiring fishing vessels to notify ports in advance of the waste
they are bringing ashore as negative. However, as regards the introduction of a measure to
include fishing vessels in the specific inspection requirements, the majority (9 out of 18
respondents) believed that this would have a positive impact.
2.2.4.
Problem driver 4: Inconsistent and outdated definitions and forms
There are important differences between the definitions used in the Directive and those
employed in the MARPOL Convention. This is particularly the case for the definition of
"ship-generated waste" in the Directive, which only covers certain categories of waste
contained in MARPOL (those defined in Annexes I, IV and V), and the definition of "cargo
residues" which apart from the MARPOL Annex V cargo residues also covers the remnants of
cargo material after cleaning operations, and thus also tank washings falling under MARPOL
Annex I and II.
The current misalignment between the Directive and MARPOL creates confusion among the
different actors in implementing the Directive, while at the same time complicates compliance
with the MARPOL norms and requirements. For example, the differences in definitions
hinder full alignment with the IMO circular for the waste notification, as there are significant
79
80
EMSA Horizontal Assessment Report (2010) on Directive 2000/59/EC, p.12
As also concluded by Eunomia (2016), p.144
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differences in the different categories of waste and cargo residues. This creates an
unnecessary administrative burden for port users being confronted with different forms and
reporting requirements, depending at which port they call
81
.
In addition, the case studies conducted have indicated that a lack of electronic exchange of
information, and/or the existence of parallel systems, results in additional administrative
burden, as information exchange is more complicated and not well streamlined. Taking away
those barriers would reduce administrative burden for different stakeholder groups, e.g. ship
operators, ports and port reception facility operators.
2.2.5.
Problem driver 5: Inconsistent application of exemptions for ships in
scheduled traffic
Different procedures and criteria are employed to evaluate exemption requests across the EU,
which creates unnecessary administrative burden on port users, while limiting the potential
for relevant authorities in different Member States to cooperate in the process.
The parameters for granting exemptions under article 9 of the Directive are not well defined
and leave room for different interpretation and application by Member States. As a
consequence, different criteria and procedures are employed to evaluate exemption requests in
the ports across the EU, which leads to a disproportionate administrative burden on port users,
while limiting the potential for relevant competent authorities in different Member States to
coordinate the exemptions granted to vessels. Coordination between Member States is
necessary for assessing whether the conditions for granting an exemption are fulfilled. Poor
coordination is also due to insufficient reporting of exemptions and limited exchange of
information between competent authorities in Member States. The inconsistent application
and the lack of information exchange result in multiple inefficiencies for ports, port users and
competent authorities
82
.
The relationship between the two main problems and the defined problem drivers is
summarised in the table below.
Table 7:
Problem
driver
Adequacy
Relationship between main problems and problem drivers
Relation
to
administrative
burden
Inadequate port reception facilities Facilities are not adequate to the
are a disincentive to deliver waste.
needs of port users, which may lead
to undue delay in ports and
complicated
administrative
procedures.
Proper (cost) incentives promote Lack of harmonisation of the fee
delivery of waste on shore.
systems, and lack of transparency
cause administrative burden for
port users.
Enforcement is needed to prevent / Unclear rules on enforcement (e.g.
Relation to waste discharges
Incentives
Enforcement
81
This was confirmed by 57 out of 79 respondents to the to the Open Public Consultation (70%) indicating that differences in definitions
constitute an important contributor to the problem of administrative burden, whereas 65% of respondents indicated that reporting forms
which are no longer up to date are also an important factor adding to administrative burden
82
55 (i.e.68%) of the respondents to the Open Public Consultation were of the opinion that the inconsistent application of exemptions leads
to an excessive administrative burden. Among them are 14 ports (out of 26 responding), 11 port users (out of 13), 10 MS authorities (out of
11), 8 PRF operators/associations (out of 10), and 2 out of the 4 NGOs responding. This problem was also noted in the 2011 EMSA report
on PRF exemptions, as well as in the ex-post evaluation study (Panteia, 2015), p.68
29
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Problem
driver
Relation to waste discharges
monitor discharges into sea. In
practice,
less
inspections
undertaken than required.
Definitions
and forms
Complicated reporting procedures
may trigger waste discharges at sea
rather than compliance with the
Directive.
Exemptions
Invalid issuing of exemptions may
open the door to illegal discharges
into sea
Relation
to
administrative
burden
definition of sufficient storage
capacity,
mandatory
delivery
requirements
and
MARPOL
discharge
norms)
lead
to
administrative burden.
Inconsistencies between EU Waste
Notification and the IMO Circular
create administrative burden for
ports and port users. In addition,
there is a lack of electronic
exchange of information and/or
parallel systems are in place.
Unclear
and
inconsistent
application of exemption criteria
causes administrative burden for
port users.
The analysis of the different problem drivers and the underlying root-causes shows that
approximately one third of the drivers relates directly to the problem of (unnecessary)
administrative burden, whereas approximately two thirds are related to waste being
discharged at sea.
2.3. Most affected stakeholders
The Directive evenly distributes responsibilities across the different stakeholders involved in
the process of waste delivery and management. It should be noted that the Directive has a
very wide scope of application: it covers all type of sea-going vessels, from small fishing
boats to large container vessels, and all ports receiving sea going vessels, from small marinas
to large commercial ports. Hence, the group of affected stakeholders is substantial.
Ports are among the key players, as they have to ensure that adequate facilities are provided to
receive the waste from ships. They must also develop Waste Reception and Handling Plans
and organise the necessary consultations with the port users to better understand operational
needs. Furthermore they have to operate the fee systems to recover the cost from ships and
deal with exemption requests. Depending on the administrative set up of the port and its size,
tasks may be divided between the harbour master and the port authority. Ports often share the
monitoring and enforcement responsibilities with the Member State competent authorities,
e.g. in the area of assessing exemption requests, waste notification and inspections. Member
State authorities are either vested in the maritime transport departments or the environmental
departments at national or regional level.
The other key actors are the actual operators of the port reception facilities, which also
include the terminal operators, which normally operate under a concession or licence in the
port. They normally relate directly with the ships' agents and the port authorities with regard
to the amounts of waste delivered and payment of the fees. They are mostly private
companies, of which some can be qualified as small and medium sized enterprises (SMEs).
In parallel, ship owners bear the responsibility for the delivery of their waste to PRF and for
compliance with the advance waste notification. As the producers of the waste they have to
pay the indirect fee charged for the reception and handing of the waste, under "the polluter
pays principle". An important segment of the shipping industry is the cruise sector, which -
30
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given their increasing size and the number of passengers their vessels transport - produce
significant amounts of waste to be delivered in accordance with the Directive.
Improvement of the marine environment resulting from a reduction of waste discharges will
also benefit EU citizens, in particular those living in coastal regions and near ports. Better
waste management makes those areas more attractive for tourism and wider habitation, and
has beneficial effects in terms of air and water quality. In addition, protection of the marine
ecosystem should also result in an improvement of fish stocks, thus also affecting the fishing
and aquaculture industries. These interest groups are often represented by Non-Governmental
Organisations and Regional bodies (such as the regional sea conventions and Fishery
Advisory Councils).
Most of these stakeholders have been participating in the Port Reception Facilities Subgroup
that was established under the European Sustainable Shipping Forum, which has been
consulted by the Commission on a regular basis on issues related to the implementation and
the planned revision of the Directive.
2.4. Evolution of the situation without EU legislative intervention (baseline
scenario)
The baseline scenario builds on the application of the provisions in the current PRF Directive,
complemented by initiatives that have already been adopted and are currently being
implemented. It will furthermore be defined by economic and technological developments in
the shipping sector, which are defined below.
2.4.1.
Legal/policy developments
During the last two years, the Commission has been developing different initiatives in order
to improve the implementation of the Directive in the short to medium term.
In November 2015, the Commission adopted a Directive for amending Annex II to the PRF
Directive
83
. The amendments concerned the incorporation of the new garbage categories in
MARPOL (Annex V), as introduced by the IMO in 2013, which should allow for further
alignment with the IMO waste notification form. In addition, the Commission introduced a
requirement for ships to report on the types and quantities of waste delivered in the previous
port of call through the Advance Waste Notification, in order to improve the information
reported on waste streams in ports. To reflect these changes in the electronic reporting
systems of MS, which should allow for the information to be reported into the National Single
Window and further exchanged through SafeSeaNet, the existing waste business rules were
amended
84
, which also allowed for the information to be stored at central level, so that the
data can be more easily exchanged with other electronic databases (such as THETIS, the
inspection database). These measures are fundamental for the further development of the
Common Monitoring and Information System set up under article 12(3) of the PRF Directive,
and to move towards a system of more targeted inspections (where ships can be selected for
inspection on basis of the information reported). To this end, apart from the necessary
changes to SafeSeaNet (both at central and MS level), EMSA has set up a specific reporting
module for PRF inspections in the THETIS database, referred to as THETIS-EU, which is
linked to Safe Sea Net. This module allows for the results from PRF inspections to be
83
84
Commission Directive 2015/2087/EU adopted on 18 November 2015, O.J. L 302/99, 19.11.2015
The new Waste Business Rules were endorsed by the SSN High Level Steering Group in October 2016
31
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electronically reported and exchanged between MS, thus supporting MS in the inspection
tasks.
To support a more harmonised implementation of the main provisions of the Directive, the
Commission adopted Interpretative Guidelines in March 2016
85
. In these Guidelines, the
Commission presents its interpretation of certain key concepts in the Directive, i.e., the
adequacy of Port Reception Facilities, the adoption and consultation of the Waste Reception
and Handling Plans, the scope of the mandatory delivery obligation, the advance waste
notification, inspections, and the exemption regime for ships in scheduled traffic. Building on
the Interpretive Guidelines as well as good practice identified in the Member States, EMSA
published a set of Technical Recommendations in November 2016
86
, which provides advice
on how best to implement the Directive. In addition, EMSA has developed Guidance for
Inspections
87
, aiming to facilitate ship inspections to enforce the mandatory delivery
obligation in the Directive.
The impact of these initiatives, in particular the Amendment of Annex II of the Directive
(advance waste notification form), the Interpretative Guidelines, the EMSA Technical
guidelines, and the Common information and monitoring system, is still premature
88
. While
these initiatives are aimed at increasing waste delivery (and as a result lower the waste gap or
discharges at sea), quantitative estimates of their impact are not yet available and will need to
be assessed going forward.
In the baseline scenario, the current legal inconsistencies between the Directive and
MARPOL will continue to exist, or even increase:
1. The scope of the mandatory delivery obligation is implemented by a majority of
Member States
in accordance with MARPOL,
i.e. not applied to the delivery of
sewage
in port (which can - to a large extent - be discharged under MARPOL). This is
not supported by the legal provisions of the Directive, which clearly state that sewage
is included in the definition of Ship Generated Waste in the Directive and also require
that all waste be delivered before departure except when the ship has sufficient storage
capacity on board
89
. This is also reflected in the application of the Cost Recovery
Systems in the Member States, which in most cases do not include sewage in the
indirect fee part of the fee system. Implementation of the key concepts in the Directive
will continue to vary between the Member States, as guidance on how to interpret and
implement the Directive will only be provided through soft law, which is not legally
binding on Member States.
2. The Directive will not be considered "up to date" with the international framework, as
legal amendments to MARPOL are not incorporated in the European legal framework.
This concerns in particular: 1. changes to Annex V (garbage, including a new
definition of cargo residues), 2. the introduction of Annex VI, including a new
category of waste (waste from exhaust gas cleaning systems and ozone depleting
substances), which is not included in the Directive, and 3. changes to Annex IV
85
86
Commission Notice 2016/C 115/05 of 31 March 2016, O.J. C 115/5, 1/4/2016
http://www.emsa.europa.eu/emsa-documents/latest/item/2875-technical-recommendations-on-the-implementation-of-directive-2000-59-
ec-on-port-reception-facilities.html
87
Published in November 2016
88
Generally, members of the ESSF PRF sub-group interviewed indicate benefits of these actions, although their magnitude varies between
ports, depending on current and past practices (already in line with guidelines or not). Open Public Consultation responses suggest that
these initiatives will contribute to an increase of waste delivery by some 5%, thus reducing discharges into sea.
89
For the Commission’s view on the mandatory delivery obligation, see the Interpretive Guidelines provided in Commission Notice 2016/C
115/05, O.J. C 115/5, 31.3.2016
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(sewage), including special area provisions. As a consequence of these
inconsistencies, parallel legal systems at EU and international level are created,
resulting in inefficiencies and hampering effectiveness of the system. Similarly, the
problems around enforcement will continue to exist, so long as these issues are not
resolved and the relationship to the Port State Control Directive is not settled.
2.4.2.
Economic and technological developments
How the scenario and problems in relation to waste from ships will develop depends on
economic and technological developments in the sector. The following assumptions have
been made:
The
expected growth of shipping,
driven by global economic and trade growth. Growth
predictions range from 2.5% to 6% volume growth per year.
90 91
For the cruise sector, a
growth of 4.5% per year is considered, based on historic data from CLIA.
92
For the
fisheries fleet, a 6% decline per year has been observed over the past year and taken as a
proxy for the near future, while for the recreational boating sector, an annual growth of
3% is considered;
The generation of
sewage and garbage
from ships is expected to increase along with the
growth of shipping.
Ship size developments,
which will create a cushioning effect on waste generation, as
larger ships generate lower amounts relative to their volume of cargo carried. Growth of
ship size is most visible in the container segment, with an average ship size increase of
about 5%
93 94
, and in the cruise segment, with an annual increase of about 4%.
95 96
For
other ship types, sizes are not expected to increase much.
Technology developments
vis-à-vis particular specific waste categories, notably:
-
Changes in the fuel mix leading to less oily sludge production. With an increased
use of Liquefied Natural Gas and Marine Gas Oil as opposed to Heavy Fuel Oil,
and an upcoming global cap on sulphur contents in Heavy Fuel Oil (as of 2020)
97
, a
significant reduction of oily sludge may be expected;
-
The uptake of scrubbers, resulting in the generation of scrubber sludge and bleed-
off water from these systems. So far, only about 400 scrubbers have been
installed
98
, and no distinction between data for closed and open loop scrubbers is
available
99
. This number appears relatively small, especially given the recent entry
into force of the Sulphur Emission Control Areas in the Baltic and North Sea, and
may be explained by low fuel prices, making the alternative of shifting to low
sulphur fuels more attractive than investing in after treatment equipment. This may
change in the future if fuel prices increase. Moreover, an extension of low sulphur
regimes could further increase the uptake of scrubbers. The scenarios are however
Panteia (2015), ‘Study on the Analysis and Evolution of International and EU Shipping’, p. 59, regarding worldwide GDP growth differs
substantially in the lower fragmented scenario
91
OECD (2011), ‘Strategic Transport Infrastructure Needs to 2030’, p. 9, regarding maritime container traffic
92
CLIA (2015), ‘Cruise industry outlook 2016'
93
Based on UNCTAD shipping statistics
94
https://www.statista.com
95
ISL (2016) ‘Shipping statistics and market review 2016, volume 60 - No. 8’
96
http://www.cruiseindustrynews.com/cruise-industry-analysis/orderbook-data.html.
97
Resolution MEPC 281.(70)
98
Report from ESSF sub-group on Exhaust Gas Cleaning Systems (2016) (2.1.36 Response by CR OCEAN ENGINEERING)
99
The distinction between open loop and closed loop systems is important, as the former generate wash waters that can be discharged at sea
in accordance with pre-defined conditions defined in the corresponding IMO Guidelines, while the latter produce scrubber sludge and
bleed-off water that is not allowed to be discharged under MARPOL and need to be delivered to port reception facilities. See Annex 6
(MARPOL discharge norms)
90
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uncertain, ranging from 25% uptake by the shipping sector by 2020
100
to 60% by
2025,
101
without a clear scope of the relevant market;
102
-
In addition, ongoing technological advancements may contribute to lower amounts
of ship-generated waste per unit of shipping. In this respect, new legislation
promotes technical advancement in the sector more strongly than efficiency
considerations
103
.
-
To summarise, it is expected that waste generation will increase for almost all
waste categories, while delivery is also expected to improve due to recent
initiatives. Which of these two forces will be overriding is uncertain, but it seems
likely that the autonomous growth of the shipping industry and waste generation
will be in orders of magnitude above and beyond 5%. This would call for a need for
further EU intervention to promote good waste management practices on board.
With no EU intervention, it may be expected that the problems that exist under the current
regime will persist and may increase in the future due to potential developments in the sector
outlined above: 1. more waste will be discharged at sea, and 2. the administrative burden is
expected to increase.
3.
W
HY SHOULD THE
EU
ACT
?
Shipping is an international sector, operating in different EU and international waters, being
serviced by ports around the globe. Therefore, it has by nature a strong cross border
dimension. In order to avoid a litany of different port policies, and to ensure a level playing
field for both ports and port users, harmonisation at EU level will be necessary. A more
harmonised implementation of the different provisions in the Directive will improve the
competiveness and economic efficiency of the shipping sector, while ensuring basic
conditions in ports to avoid adverse effects such as “PRF shopping”, where ships keep their
waste on board until delivery in the port where this is economically most advantageous.
Another example of inefficient functioning of the market is provided by the exemption
regime, whereby the conditions for granting an exemption to a ship in scheduled and regular
traffic are different in each and every port along the ship’s route, causing inefficiencies for the
ship and at the port side.
This is also reflected in the Directive’s legal basis, provided in Article 100(2) TFEU, which
includes the adoption of common rules for international (sea) transport to or from the territory
of a Member State as a fundamental part of the EU transport market. Although the Directive
has a transport legal basis, it should be noted that its main objective is the protection of the
marine environment, which has been a guiding principle in this Impact Assessment. Likewise,
the Directive also incorporates some of the fundamental principles of EU environmental law,
such as the “polluter pays” principle. This dual approach is also fully reflected in the overall
objectives of the revision. With the revision of the Directive the Commission seeks to
reconcile the interests and principles of both EU transport and environmental policy.
DNV-GL (2013), ‘An outlook for the maritime industry towards 2020 – future development in maritime shipping’
Ensys Energy & Navigistics consulting (2016), ‘Marine Fuels Outlook Under MARPOL ANNEX VI’
102
The Report from the ESSF sub-group on Exhaust Gas Cleaning Systems (2016) also mentions that the introduction of the global sulphur
cap of 0.5% may provide a stronger case for installation of EGCS, but that some EGCS may be marketed as being 0.5% equivalent
instead of 0.1%, and in doing so greatly reduce size, cost and wash water requirements. The IMO has also provided scenarios for the
uptake of scrubbers in its official fuel availability assessment (MEPC 70/INF.6)
103
EMSA study on waste generated on board, CE Delft 2016
100
101
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At the same time, subsidiarity should apply at the level of implementation of common rules
and principles. Member State authorities are best placed to define the level of the fees to be
charged for the reception and handling of ship generated waste, as well as to determine the
level of detail and regional coverage of the Waste Reception and Handling Plans.
The revision should also facilitate the enforcement of the mandatory delivery obligation in a
more harmonised way. As was shown in the problem definition, the multiplicity of
enforcement practices in EU ports has made the regime generally ineffective and has
undermined its deterrent effect. The public consultation revealed that most stakeholders
(including ports, port users, operators and NGOs) in general support action at EU level
104
. By
extension, the Territorial Impact Assessment indicated that generally stakeholders prioritised
further harmonisation at EU level over regional differentiation.
For these reasons, it is concluded that only EU wide norms will provide a consistent
regulatory framework that provides the necessary safeguards against the problems identified
in this report.
4.
O
BJECTIVES
:
WHAT SHOULD BE ACHIEVED
?
The proposed revision of the PRF Directive aims to resolve two main problems:
1. Ship-generated waste and cargo residues discharged at sea
Significant parts of marine litter originate from sea-based sources, which continue to
discharge their waste at sea in contravention with existing discharge norms/prohibitions and
the EU delivery obligation. This is also the case for other waste streams, such as oily waste
and sewage.
2. Administrative burden/costs caused by the implementation of the PRF Directive
The PRF Directive causes substantial administrative cost, notably related to advance
notification, the development of Waste Reception and Handling Plans and Inspections; a
significant part of this cost is unnecessary and due to inefficiencies in the system.
Therefore, the objectives of the proposed revision have been defined as follows:
Protection of the marine environment through a reduction of discharges of ship-
generated waste at sea;
Facilitation of maritime operations through a reduction of the administrative burden
on ports, port users and competent authorities.
Given that the first objective also aligns with the main aim of the Directive ("to reduce
discharges of waste at sea") and the associated costs from discharges of waste at sea outweigh
the costs associated with the administrative burden, as was shown in chapter two, the first
objective of the
reduction of waste discharges,
should be considered the primary objective
of the revision of the Directive, and the
reduction of the administrative burden
as a
secondary objective.
In addition, the revision seeks to contribute to the wider objectives of the circular economy by
contributing to an improvement of the waste handling process, as well as reduction of marine
litter from sea-based sources.
104
The majority of the respondents to the Open Public Consultation (77 out of 81) considered that the issues addressed by the PRF Directive
continue to require some form of action at EU level
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To achieve these general objectives, five specific objectives have been defined:
SO-1:
SO-2:
SO-3:
SO-4:
SO-5:
5.
To ensure the availability of adequate facilities;
To provide effective (cost) incentives to deliver waste to port reception facilities;
To remove barriers to enforcement;
To harmonise and update definitions and forms;
To harmonise the rules for exemptions.
P
OLICY OPTIONS
5.1. Description of the retained policy measures
A set of measures has been defined and grouped according to the above-mentioned specific
objectives. The policy measures are also linked to underlying root causes, as illustrated in the
Table below.
Table 8:
Objective
SO-1
Adequacy
Policy
Description
measure
PM-1A
Broaden the scope of the PRF Directive to
include MARPOL Annex VI waste
(residues/sludge and bleed-off water from
exhaust gas cleaning systems). Ports will be
obliged to provide for port reception facilities
capable of receiving this type of waste and
include the relevant references in the WRH
Plan. Ships will have to include this waste in
their advance waste notification to ports, and
will be obliged to pay a fee for the delivery.
PRF inspections will also need to check that the
Annex VI waste has been delivered on shore
and not retained on board if storage capacity is
insufficient. It should be noted that, although
Annex VI also covers ozone depleting
substances, these will not be included, as these
are as normally handled by the repair yards.
Wash waters from scrubbers will also not be
included as these can be discharged in
accordance with the relevant MARPOL
Guidelines and should not be considered as
waste in the sense of the Directive
107
.
PM-1B
Reinforce the waste hierarchy as laid down
in the Waste Framework Directive.
This
should be done by incorporating the principles
of the waste hierarchy in the process of waste
processing in ports (description in the Waste
Reception and Handling Plan), and more
specifically by setting up systems of separate
Soft law
option
105
SL
(waste
business
rules)
Related root
cause no.
106
4
(scrubber
waste not
included in
definition of
SGW)
15
(differences in
definitions)
SL
1
(lack of
separate
collection)
2
(waste plans
not reflecting
the Waste
105
This column refers to the possibility of development of (additional) soft law guidance/recommendations; it does not refer to soft law
already existing (Interpretive Guidelines, EMSA Technical Recommendations and Inspection Guidance; see baseline scenario)
106
This column refers to the numbering used in the graph on page 16
107
EMSA technical assessment for the IA (January, 2017, p. 17) and Report from the ESSF Scrubber Subgroup, September 2016
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Objective
SO-2
Incentives
Policy
Description
Soft law
measure
option
105
collection to facilitate subsequent re-use and
recycling of waste collected in ports.
PM-1C
Strengthen the requirements for consultation
of port users,
by clarifying in the Directive that
consultation should take place in the
development, as well as the monitoring and re-
assessment, of the Waste Reception and
Handling Plans.
PM-1D
Clarify the definition of 'adequacy' of PRF,
by defining the main elements of this concept in
the Directive in line with international and EU
Guidelines and practice.
PM-2A
Introduce the use of a shared methodology to
SL
establish the indirect fee part of the Cost
Recovery System in ports.
This measure aims
to streamline the underlying principles of the
indirect fee, including the relationship between
fees and costs, and the “right to deliver”,
without prescribing one specific system for all
ports, as this would not take account of the
differences in geographic location, size and
administrative set up of ports in the EU. This
should also increase the transparency of the
CRS, in particular as regards the basis for the
calculation of the fees, which should also be
included in the information of the WRH Plans
to be communicated to port users.
Related root
cause no.
106
Hierarchy)
3
(insufficient
consultation
of port users)
1, 2 ,3, 4
PM-2B
PM-2C
PM-2D
Introduce a 100% indirect fee for garbage
(MARPOL Annex V).
This measure builds on
PM 2A, but will specify that for garbage the
indirect part shall be 100%, so that it should be
possible that this waste can be delivered without
any additional direct charges, so that a
maximum incentive is provided for delivering
this waste to PRF instead of discharging at sea.
Provide for a list of conditions that can be
SL
used to certify a ship as “green” in the
context of the Directive (article 8(2c)),
i.e. a
ship whose design, equipment and operation are
such that it produces reduced quantities of ship
generated waste. This should facilitate the
operation of certification schemes in ports to
give reductions in the waste fee for such ships
(already provided for in the Directive) and
should promote the uptake of new technologies
on board of ships to generate less waste.
Include fishing vessels and small recreational
craft in the indirect fee regime.
This measure
builds on PM 2A and will require these vessels
to pay a fee irrespective of delivery, so as to
provide an incentive for delivery similar to the
incentive given to other vessels.
5
(lack of
alignment
CRS),
6
(lack
of
transparency),
7
(fees not
considered
fair, non-
discriminatory
and reflecting
costs),
8
(fishing
vessels and
recreational
craft excluded
from indirect
fee)
5
(lack of
alignment
CRS)
5, 6 ,7, 8
8(fishing
vessels and
recreational
craft excluded
from indirect
fee)
37
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Objective
SO-3
Enfor-
cement
Policy
Description
Soft law Related root
measure
option
105
cause no.
106
PM-2E
Include “passively fished waste”
in the scope SL
8
of the Directive and include this waste stream in
the 100% indirect fee for garbage. This measure
addresses the waste that fishermen catch in their
nets during normal fishing operations, and
which doesn’t form part of the operational
waste of the vessel itself. Given the current
scope of the Directive, which is limited to ship
generated waste as defined in the MARPOL
annexes (which do not cover passively fished
waste), the inclusion of this waste in the
Directive will thus require extending its scope
beyond MARPOL. By applying this measure in
combination with PM 2B and 2D, the passively
fished waste should be included in the indirect
fee so that it can be delivered to port without
having to pay additional direct charges. This
measure would also facilitate the operation of
existing “fishing for litter” schemes in the EU
PM-3A
Clarify the scope of the mandatory waste
delivery obligation in article 7,
two variants:
PM-
3A.1
Align the delivery obligation with the
MARPOL discharge norms; under this variant
the mandatory delivery requirement would
apply to the waste that cannot be discharged
under MARPOL. The delivery obligation would
thus reflect the discharge norms and provide for
full complementarity.
Strengthen the current mandatory delivery
obligation for all ship-generated waste, beyond
the MARPOL discharge norms. The delivery of
all waste will be strengthened by making clear
in the legal text that this also includes the waste
that can in principle be discharged under
MARPOL. It should be noted, however, that a
delivery obligation does not equal a discharge
ban and that a strict delivery obligation does not
regulate operations at sea (which will continue
to be governed by MARPOL) but rather focuses
on what happens in port.
Introduce a requirement for a waste receipt.
SL
The PRF operator will be required to issue a
waste receipt to a ship upon delivery, stating
the amounts and types of waste delivered. This
receipt shall be communicated to the port
authority which will be reporting its
information electronically into the Common
Monitoring
and
Information
System
(SafeSeaNet) for further exchange with
Member States, as well as for statistical
purposes to ensure better insights on waste
streams in port. Small unmanned facilities shall
be exempted from the requirement of issuing a
9
(unclear
scope of the
mandatory
delivery
obligation)
PM-
3A.2
9
(unclear
scope of the
mandatory
delivery
obligation)
PM-3B
13
(insufficient
reporting,
monitoring
and exchange
of
information)
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Objective
Policy
Description
Soft law Related root
measure
option
105
cause no.
106
waste receipt.
Two variants:
PM-
Waste Receipt in line with IMO Circular 834
13
3B.1
(based on the same definitions and categories
of ship generated waste and cargo residues as
used in MARPOL)
PM-
3B.2
EU Waste receipt
(based on different
definitions and categories of ship generated
waste and cargo residues than those used in
MARPOL)
Clarify the definition of 'Sufficient Storage
Capacity'
(the main exception to the mandatory
delivery obligation, “SSC”); two variants:
13
PM-3C
PM-
3C.1
PM-
3C.2
PM-3D
Flexible variant:
calculation of SSC on board SL
taking into account discharges that can be made
in accordance with MARPOL after the ship has
left the port.
Strict variant:
calculations shall be made of SL
the SSC until the next port of call/delivery and
the exception shall not be allowed in situations
in which the next port of call is located outside
the EU or unknown (outside the port to port
reporting and monitoring system and no
certainty that adequate PRF will be available in
the next port).
Strengthen the inspection regime, by
replacing the 25% minimum inspection
requirement with a risk-based approach.
Two variants:
10
(unclear
definition of
sufficient
storage
capacity)
10
10
PM-
3D.1
Incorporate the PRF inspections into the
PSC Regime.
To achieve this variant, the Port
State Control Directive (Directive 2009/16/EC)
will have to be amended to allow for PRF
inspections to be combined with PSC
inspections and to use the same risk-based
selection system of ships for inspection. Results
of the inspections will be reported in the PSC
database (THETIS). This approach will allow
for the enforcement of the PRF Directive in
parallel to MARPOL enforcement. However, in
addition to the PSC regime, a separate
obligation will have to be provided in the
Directive for inspection of
domestic vessels
(10% annual inspection target), as these do not
fall under PSC, but should not be left out of the
11
(AWN not
used for
selecting
ships for
inspection)
12
(uncertainty
over legal
framework for
inspections)
11, 12
39
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1845874_0041.png
Objective
SO-4
Definitions
SO-5
Policy
Description
Soft law
measure
option
105
scope of PRF enforcement.
PM-
Provide for a dedicated PRF inspection
3D.2
regime.
Under this variant, a specific PRF
targeting mechanism will be provided, as well
as a system to calculate the annual PRF
inspection commitment per MS. The results of
inspections shall be recorded in a separate EU
module of the PSC database (THETIS-EU),
which will also support the targeting
mechanism and calculation of the commitment.
PM-3E
Strengthening the enforcement regime for
fishing vessels and small recreational craft,
by introducing a 10% annual inspection target
for these vessels. Only the larger vessels will be
included, i.e. those over 100 GT, as this is the
MARPOL threshold for carrying a garbage
management plan on board, which will be the
key data source for checking whether waste
delivery obligations have been met.
PM-3F
Extend/adapt the electronic Monitoring and
SL
Information System,
based on THETIS-EU
and SSN, to ensure better electronic reporting
and exchange of information. Under both
inspection variants above, adaptations will be
necessary to THETIS/ THETIS EU, as well as
adaptations of SSN (at central and MS level).
PM-4A
Align the definition of ship generated waste
with the Annexes of MARPOL,
by including
MARPOL Annex VI (see also measure 1A), as
well as incorporating the definition of cargo
residues within the overall scope of ship-
generated waste, in order to fully align with the
definitions used in the MARPOL Annexes. This
will also bring Annexes I and II wash waters,
which under the current Directive are
considered as “cargo residues”, into the scope
of SGW, and the definition of cargo residues
will be limited to MARPOL Annex V cargo
residues. This measure builds on PM 3A
(variant 1); the rationale for a deviant definition
of cargo residues in the Directive has been to
exclude it from the current strict delivery
obligation for all waste and instead have it
covered by the more flexible delivery obligation
in article 10 (delivery in accordance with
MARPOL). With PM 3A (1) there will be no
further need for this distinction, thus opening
the door for alignment of the definitions.
PM-4B
Update the waste notification form(s) to fully
reflect
the
IMO
standard
(IMO
MEPC.1/Circ.834), including its definitions and
waste categorisation. This policy measure
builds on PM 4A above.
PM-5A
Include common criteria for the granting of
Related root
cause no.
106
11, 12
14
(fishing
vessels and
small
recreational
craft not
subject to
inspections)
13
(insufficient
reporting,
monitoring
and exchange
of
information)
15
(differences in
definitions)
15
16
(exemption
40
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Objective
Policy
Description
Soft law
measure
option
105
Exemptions
exemptions to ships in scheduled traffic.
This
will involve the clarification of the terms
already provided in article 9 in line with the
Commission’s Interpretive Guidelines, so that a
truly common exemption regime is provided. A
standardised exemption certificate will be
included in an additional annex to the Directive,
which should also be reported into the Common
Monitoring and Information System (SSN) for
subsequent exchange between MS.
PM-5B
Clarify in the Directive that
vessels operating
exclusively within one port
(tug vessels, pilot
vessels, etc.) can also be exempted under the
same conditions, in line with the Commission’s
Interpretive Guidelines.
Related root
cause no.
106
regime not
harmonised)
13
(insufficient
reporting,
monitoring
and exchange
of
information)
16
Some of the measures proposed as part of the revision of the PRF Directive can also be
implemented through soft law. In general, however, this tends to result in a reduced overall
impact, while potentially lowering costs. The soft law approach has been assessed for the
relevant measures.
5.2. Discarded Policy measures
5.2.1.
Introduction of an EU discharge prohibition
As explained above (chapter 1.1, EU legal context), the PRF Directive focuses on delivery in
port, compared to MARPOL which regulates discharges at sea. Although the delivery
obligation bears a strong connection to discharge operations at sea, it is certainly not
equivalent to a discharge prohibition. To effectively address the discharges of waste in
European waters, it has therefore been considered to introduce a discharge prohibition in the
Directive. This would effectively assign “special area status” to EU waters for all categories
of waste and cargo residues, especially having an effect on sewage discharges from passenger
ships, not least because MARPOL still leaves considerable scope for sewage discharges,
especially beyond the 12 nm zone (see MARPOL discharge norms, Annex 6). However, for
the following reasons such a measure is not considered feasible and should be discarded:
The MARPOL regulatory regime has evolved over time to formulate an adequate and
functional framework for international shipping. This has also been acknowledged by the EU
with the adoption of Directive 2005/35/EU (as amended) on ship source pollution, which
incorporates the MARPOL international standards for ship source pollution into EU law. The
international standards included are the discharge norms contained in MARPOL Annexes I
and II. The Directive requires that the illegal discharge of polluting substances (as defined in
MARPOL Annexes I and II) be considered a criminal offence (under the conditions laid down
in Directive 2009/123) and that criminal penalties be imposed on the polluter. Although this
Directive does not cover all of the Annexes of MARPOL, introducing a discharge ban for all
EU waters would deviate from the approach taken by this Directive to incorporate the
MARPOL norms, and would introduce further inconsistencies between the EU and the
international legal framework. Given that shipping is an international sector, operating both in
European and international waters, deviations between discharge standards should be avoided.
In addition, a discharge ban in EU waters would be very difficult to enforce and control, as it
will be difficult to prove illegal discharges, due to a lack of evidence in open seas, and the fact
41
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that the document proof (certificates and documents held on board) is completed in
accordance with the MARPOL requirements, and would not correspond to the EU needs and
requirements. Taking into account the specific situation of sewage discharges, it should also
be noted that a general discharge prohibition would have an impact on the operational pattern
of ships as additional sewage treatment plants and storage capacity would need to be installed
on board of ships, affecting their design, construction and equipment, making it difficult to
have a flag-neutral implementation in EU waters.
5.2.2.
Full alignment with the MARPOL Convention
Full compliance with MARPOL would mean repealing those specific measures which have
made the MARPOL regime more effective through the application of EU law.
MARPOL only provides for a general obligation to provide adequate PRF in the relevant
annexes. However, while the Directive builds on this general obligation, it goes further by
addressing in detail the legal, financial and practical responsibilities. In particular, the
Directive has provided for:
1. Adoption of the waste reception and handling plans, which is a fundamental
instrument to ensure adequacy of PRF;
2. Requiring mandatory delivery of all waste before departure, in order to ensure that
ships actually use the facilities set up in the ports;
3. Requiring the establishment of Cost Recovery Systems to ensure that the costs of port
reception facilities are covered through a fee from ships;
4. Requiring ships to report the advance waste notification;
5. A system of compliance control (monitoring and enforcement).
The REFIT Evaluation has also shown that overall the Directive has been relevant, effective
and efficient, although the regime can be further improved. Repealing the specific obligations
imposed by the Directive has never been advocated by any of the stakeholders. Full alignment
and abandoning the EU's port approach and obligations would have a serious negative impact
on the delivery of waste to port and lead to more waste being discharged at sea.
5.2.3.
Provide for a delivery exception in case port reception facilities are
(temporarily) unavailable
The current Directive does not provide for situations where port reception facilities are
(temporarily) unavailable, which may result in a ship leaving the port without having
delivered in accordance with the Directive. This has been raised in particular in the context of
passengers ships with significant volumes of sewage on board calling at ports where adequate
facilities for dealing with the quantity or quality of the waste are not available, or in cases
where due to natural disasters or serious problems with the infrastructure ships are not in a
position to deliver their waste. Having to wait in the port until the situation has been resolved
may generate long delays resulting in high costs for the ship, and may be difficult due to
itinerary planning. For these reasons, it has been considered to introduce a provision that
addresses these situations and would allow the ship to depart with waste still on board for
delivery in the nearest port on its route for immediate delivery. This would further build on
the regional approach already embedded in article 5 of the Directive, which allows Member
States to develop the waste reception and handling plans in a regional context, with the
42
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appropriate involvement of each port, specifying the availability of waste facilities on a
regional basis.
This policy measure has been discarded in the Impact Assessment, as it risks introducing a
loophole to the main obligations (provision of adequate port reception facilities and
mandatory delivery), which would undermine the overall objective of the Directive. Even
with a more detailed description of what should be considered adequate in terms of the
facilities in line with international and EU Guidance (see policy measure 1D), some degree of
uncertainty will remain on when this exception could be invoked, as this concept is strongly
dependent on local conditions and the type of traffic to the port. This argument has also been
discussed in the IMO’s Marine Environment Protection Committee, in the context of a request
for an amendment of MARPOL
108
. The fact that the issue is still being discussed at the
international level provides an important reason for not considering such a measure in the
context of the revision of the PRF Directive.
Finally, it should be mentioned that practical measures to address the issue are already
available under the current Directive: the advance waste notification allows for timely
arrangements to be made in case adequate facilities may not be available for the waste
reported to be delivered. In addition, the waste reception and handling plan provides a key
instrument in planning the waste delivery process, as it provides the basic information to the
port users, including information on the reception facilities available in the port, and can
include contingency planning and arrangements covering situations of force majeure.
5.2.4.
Exempt smaller ports and marinas from the obligation to develop a
Waste Reception and Handling Plan
The Waste Reception and Handling Plans are fundamental for ensuring that adequate port
reception facilities are provided. For this reason, the Directive requires that such an
appropriate plan is developed for each port, including small fishing ports and marinas. It has
been argued by stakeholders that the requirement for developing a WRH Plan places an
unreasonable burden on smaller ports, only servicing a limited number of ships.
However, this policy measure has been discarded, as the current provisions in the Directive
leave a sufficient degree of flexibility for Member State authorities as regards the
development and monitoring of the WRH Plans, with due consideration being given to the
type of port as well as its size and location.
This has been confirmed in the Commission's Guidelines for the interpretation of the
Directive
109
, which explain that the plans may vary significantly in detail and coverage and
some of the items in Annex I to the Directive (setting out the requirements for the Waste
Reception and Handling Plans) may be only partially applicable to smaller ports. The
Guidelines note that what is considered to be an “appropriate” plan depends on the size,
geographic location and type of port, which would also determine the level of detail required.
Furthermore, the Guidelines also point to the possibility provided in article 5(2) of the
Directive of adopting a regional Waste Reception and Handling Plan, which combines the
essential elements into one plan covering several ports in the same region, in order to
facilitate port waste management planning.
108
109
Submission from CLIA to MEPC 70, October 2016
Commission Notice 2016/C 115/05, adopted on 31.03.2016
43
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The EMSA Technical Recommendations have also reflected this flexibility in the
development of the plans, by presenting an overview of the different types and formats that
can be developed, showing large variety in coverage and detail depending on the size and
geographic location of the port(s), as well as the waste streams normally delivered.
Another reason for not considering an exemption for “smaller” ports from having to develop a
Waste Plan, is that part of the focus of the revision is on the reduction of marine litter,
including the litter generated by fishing vessels and recreational craft, which are the vessels
most likely to be calling at smaller harbours and marinas. Having a basic waste management
plan in place for the smaller ports, and also communicating information about available waste
facilities to port users, will increase the likelihood of these vessels delivering their waste on
shore.
5.2.5.
Require fishing vessels and small recreational craft to submit an
advance waste notification
The Directive exempts fishing vessels as well as small recreational craft (carrying less than 12
passengers on board) from the obligation to notify the port of entry of the information
contained in Annex II (advance waste notification). In order to collect the relevant data from
the amounts of waste carried on board by these vessels, their storage capacity, and whether or
not they have delivered in the previous port, it has been considered to include these vessels in
the scope of the advance waste notification requirement. This should also support the
enforcement of the mandatory delivery requirement, as well as facilitate the waste
management process.
However, it should be noted that most of these vessels operate from and to the same port.
Furthermore, the majority will not be equipped to electronically notify the required
information. Requiring fishing vessels and small recreational craft to report waste information
would thus induce considerable administrative cost to the operators of such vessels, as well as
to national authorities for having to process the information. Even if a threshold is applied
(only ships over 100 GT or 45 mtr in length overall
110
) it would still imply a considerable
burden on the vessels concerned, given that they would be required to submit the advance
waste notification every time they call in port. In addition, the measure would require both
Member States and EMSA to upgrade their electronic reporting systems (SafeSeaNet and the
National Single Window) to cater for the additional notifications.
5.3. Description of the Policy options
The policy options have been constructed in such a way as to provide clearly identifiable
packages of policy measures focusing on the objectives outlined above.
In the development of these policy options, three main guiding principles have been
considered, as presented below:
The scope of the revision.
Policy option 2 concentrates on a minimum legislative
revision, focusing mainly on adequacy and incentives measures to be included in the
revised Directive (while other areas are to be covered through parallel soft law
measures). The other policy options focus on a more extensive legislative revision of
the Directive, addressing the different operational objectives;
110
In line with the thresholds applicable under Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002
establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC
44
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The scope of the mandatory delivery of waste
in ports (article 7). The interpretation
and enforcement of the delivery requirement define the main differences between
Policy options 3 and 4. Policy option 3 seeks to align the delivery requirement with
the discharge norms laid down in MARPOL, i.e. explicitly requiring that the waste
which cannot be discharged under MARPOL has to be delivered to a facility on land.
This will also reflect on other aspects, as elaborated below. Policy option 4 aims to
have all waste delivered at ports, including the waste that can be legally discharged at
sea in accordance with MARPOL. This position will also reflect on other aspects, such
as the application of the Cost Recovery Systems, and the type of inspection regime in
place;
The potential for addressing the specific problem of
marine litter (garbage)
from
ships. Policy options 3 and 4 both have two variant options; one with and one without
focus on marine litter, as described below.
The potential for reducing
administrative burden and simplification
of the regime
has been considered for all the options presented.
5.3.1.
Policy option 1: Baseline scenario
Policy option 1 provides the baseline scenario as described in section 2.4 above. Ambiguities
in the application of the Directive would continue to exist, as no legal clarity would be
provided on the relationship between the delivery obligation in the Directive and the
discharge norms under MARPOL, as well as the concept of adequacy of port reception
facilities. Soft Law measures that have been developed by the Commission and EMSA in the
past can help provide further guidance on the main concepts of the Directive, but Member
States will not be legally required to apply the recommendations. Through effective reporting
and exchange of information of waste information through the Common Monitoring and
Information System, enforcement of the mandatory delivery requirement can be supported,
provided that the National Single Window is properly set up and implemented in all EU
Member States. EMSA Guidance on enforcement will also help inspection authorities to
conduct proper inspections under the Directive.
5.3.2.
Policy option 2: Minimum legislative revision of the PRF Directive
Policy option 2 builds on the baseline scenario, including targeted initiatives that have already
been prepared and planned (as described in section 2.4 above), complemented by concise
legal adjustments to the Directive, as well as development of soft law measures on certain
aspects that need further clarification. As such policy option 2 would contain all the measures
which would be necessary
as a minimum
to ensure effective continuation of the regime.
More specifically, the minimum legislative changes to be made include basic alignment with
recent changes in MARPOL, such as the inclusion of MARPOL Annex VI waste (scrubber
waste) into the scope of the Directive, as well as updating legal references in the PRF
Directive which are no longer valid. The Directive contains old references to EU legislation
which has meanwhile been amended, such as the Waste Framework Directive and the Port
State Control Directive. Furthermore, the "adequacy" concept could be further clarified in the
text of the Directive in line with the interpretation provided in the Commission Guidelines
111
.
In addition, Policy option 2 would also envisage a number of the proposed policy measures to
be developed through soft law, providing further guidance on their implementation. The
111
Commission Notice 2016/C 115/05, Guidelines for the interpretation of Directive 2000/59/EC
45
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following policy measures (“PM”), which seek to provide for better incentives for the
delivery of waste, would qualify for further development through soft law:
PM-2A: Introduce a shared methodology to calculate the indirect fee and the ‘right to
deliver’;
PM-2C: Incentivise measures that reduce the amount of waste produced on-board. For this
the current provisions for green ships should be further improved;
PM-2E: Development of "fishing for litter” schemes to effectively deal with passively
fished waste from fishing vessels.
5.3.3.
Policy option 3: MARPOL alignment
Policy option 3 is referred to as "MARPOL alignment" as it seeks
further approximation
to
the MARPOL Convention, in particular the MARPOL Annexes. At the same time,
it does not
mean a full alignment with MARPOL
either, as this would require abandoning existing
requirements in the Directive, such as the development of Waste Reception and Handling
Plans and the development of cost recovery systems, which are important features of the PRF
regime that should remain and even be further strengthened in order to fully respond to the
concerns identified in the ex-post evaluation.
In the first place, the MARPOL alignment option defines the
scope of the mandatory
delivery
requirement in article 7 in relation to MARPOL: the delivery obligation will reflect
the MARPOL discharge prohibition, i.e.: what cannot be discharged under MARPOL shall be
delivered to PRF by ships calling in EU ports. This should also be reflected in the
interpretation of the sufficient storage capacity exception in article 7.2, which in turn should
be more flexible and take account of MARPOL legal discharges until the next port of
delivery.
In addition, Policy option 3 aims to
fully align the definition of ship-generated waste
(article 2 of the Directive) with the Annexes of MARPOL.
This would involve including a
reference to MARPOL Annex VI, as well as the cargo residues which are currently defined as
a separate category of waste under the Directive (including MARPOL Annexes I and II wash
waters, as well as MARPOL Annex V cargo residues).
By extension, this would allow for the
waste notification form to be aligned with the IMO
Circular
MEPC.1/Circ. 834, notably for the same categories of waste to be reflected. The
same would be the case for the waste receipt to be introduced under this option, which would
also fully reflect the waste receipt included in IMO Circular 834.
Policy option 3 will also bring the Directive’s
inspections fully under the Port State
Control
Regime, which provides for a risk-based selection system of ships for inspection.
This would imply that every initial Port State Control inspection also checks compliance with
the Directive, in particular the mandatory delivery of ship-generated waste. This will require
the Port State Control Directive to be amended to incorporate these inspections, as well as
new priority criteria
112
to be incorporated in Annex I to the Port State Control Directive.
Combining PRF inspections with Port State Control inspections
would allow for checking
MARPOL and compliance with the Directive simultaneously.
As mentioned before, Policy option 3 also includes measures for improving the adequacy of
port reception facilities (defined in accordance with IMO Guidelines), which address both the
112
Additional overriding factors and/or unexpected factors; EMSA assessment of the enforcement options for the revision (see Annex 7)
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operational conditions of the facilities through a more refined definition of "adequacy", as
well as the environmental operation of the facilities in accordance with EU waste legislation.
In addition, it contains measures for improving the incentives for delivery, such as further
streamlining the underlying principles of the Cost Recovery Systems, in particular with regard
to the requirement for an indirect fee, and providing rebates for ships that reduce waste
generation on board ("green ships").
5.3.4.
Policy option 4: EU PRF Regime beyond MARPOL
This option seeks to further strengthen the EU regime for the delivery of all ship-generated
waste to port: the mandatory delivery applies to all waste from ships, and this will include an
express reference to the waste that can be legally discharged under MARPOL. As
demonstrated by the overview of the MARPOL discharge norms, this would mostly have an
effect on the delivery of small quantities of oily waste and sewage, which under strict
operational conditions can be discharged at sea.
As it was not deemed appropriate to include a discharge prohibition in the Directive (see
chapter 5.2 above), the effectiveness of this option depends on a strict enforcement of the
mandatory delivery requirement in each EU port. It also depends on a restrictive interpretation
of the exception of sufficient storage capacity, backed up by an electronic monitoring and
information system
113
, where the information from the advance waste notification as well as
the waste receipt will be reported and exchanged between Member States. Policy option 4
would thus require the introduction of a dedicated targeting mechanism, defining the priorities
for inspection (to be determined by alerts created on basis of the information
notified/reported), as well as an inspection commitment for Member States to check
compliance.
Policy option 4 implies keeping the distinction between ship-generated waste and cargo
residues
114
, as there are no valid reasons for subjecting the latter to the stricter EU regime,
given their specific nature and the fact that they are mostly handled by the terminals, which is
different from the ship-generated waste. The cargo residues would thus continue to be
delivered in accordance with MARPOL, as is the case under the current Directive.
As a consequence, the forms to be used (waste notification and waste receipt) cannot be fully
aligned with IMO Circular 834 either, as MARPOL applies different definitions for cargo
residues as reflected in the Circular. Option 4 would only allow for the forms to be aligned
with the Circular
to the extent possible,
which has already been the approach adopted so far
by the waste expert group for implementing Annex II to the Directive
115
.
This option includes the adequacy measures which build on the definition of adequacy in the
IMO Guidelines and the principles of EU waste law. It also includes the measures for
improving the incentives for delivery, including the introduction of harmonised criteria for
considering a ship to be a “green ship” in the context of the Directive, i.e. that it reduces its
waste generation on board, and may thus qualify for a reduction in the waste fees charged by
the port
116
.
113
Building on the new version of SafeSeaNet, taking account of the latest changes to Annex II PRF Directive, as well as the dedicated
module in THETIS-EU (available since April 2016)
114
The definition of cargo residues in the Directive includes wash waters, as well as solid/liquid cargo residues, which is different from
MARPOL, which only refers to cargo residues in the context of MARPOL Annex V
115
To implement the changes to Annex II (waste notification) for the electronic reporting of the waste information in the National Single
Window, new waste business rules were developed by a group of experts set up under the High Level Steering Group, which were
adopted in July 2016 and endorsed by the HLSG in October 2016
116
Article 8(2)c of the Port Reception Facilities Directive, also referred to as the “Green Ship concept”
47
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5.3.5.
Policy option variants 3b and 4b: additional focus on marine litter
An option variant has been defined to specifically address the issue of marine litter from ships
(mostly covered by MARPOL Annex V waste). This option variant will group all the
measures that can effectively make a contribution to reaching the overall reduction target set
in the circular economy. The following two approaches are proposed:
1. Approach based on incentives:
to provide for a maximum incentive not to discharge at
sea but instead deliver the waste to a facility on land, the indirect part of the fee is set at
100%. Furthermore, as has been shown in the analysis, fishing vessels and small
recreational craft can be held accountable for a significant part of the marine litter from
sea-based sources. Therefore, in this approach fishing vessels and small recreational craft
have been included in the indirect fee regime of the Directive. In addition, passively fished
waste would also be brought under the scope of the Directive, and arrangements put in
place so that this type of waste can be delivered on shore without fishing vessels having to
pay additional charges.
2. Approach based on enforcement and incentives
(more stringent variant): this approach
includes the incentive part mentioned above, but also addresses the enforcement of the
waste delivery obligation for fishing vessels and recreational craft. The current regime can
be strengthened by including specific targets for these vessels in the Directive, including
reporting on the results from inspections in the monitoring and information system
(THETIS-EU module). For the enforcement part, a differentiated approach is adopted for
fishing vessels and recreational craft, based on GT: Fishing vessels and recreational craft
over 100 GT will be targeted, as these vessels according to MARPOL need to carry a
garbage management plan on board
117
, which constitutes a crucial document to be checked
in the inspection.
This option variant (3b and 4b) will include the adequacy measures, as well as the measures
for improving the incentives for delivery, including the Green Ship concept.
The Table below presents an overview of the policy measures per policy option. Please note
that all options are scored against the baseline scenario (Policy option 1), which has scores of
“0”, and also refers to the relevant Guidance already available (Interpretive Guidelines-IG,
Technical Recommendations-TR, and/or Inspection Guidance-IG
118
).
117
MARPOL Annex V, Regulation 10 reads: "the garbage management plan shall provide written procedures for minimizing, collecting,
storing, processing and disposing of garbage, including the use of the equipment on board. It shall also designate the person or persons in
charge of carrying out the plan. Such a plan shall be based on the guidelines developed by the Organization and written in the working
language of the crew”
118
"IG" refers to Interpretive Guidelines (Commission Notice 2016/C 115/05 providing Guidelines for the Interpretation of Directive
2000/59/EC), TR refers to the Technical Recommendations developed by EMSA (Technical Recommendations for the implementation
of the PRF Directive, 2016) and “GI” to Guidance for Inspections (EMSA, 2016)
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Table 9: Policy measures and policy options
PO-3A: MARPOL alignment
- no special focus on marine
PO-3B: MARPOL alignment
litter
- - special focus on marine
litter
PO-4A Stringent PRF regime
- no special focus on marine
litter
PO-4B: Stringent PRF
regime - - special focus on
marine litter
49
PM-1A:
Broaden the scope of the PRF Directive to
include MARPOL Annex VI waste (residues from
exhaust gas cleaning systems).
PM-1B:
Reinforce the waste hierarchy as laid down
in the Waste Framework Directive, promoting
separate collection in view of reuse and recycling
of ship-generated waste.
PM-1C:
Strengthen the requirements for
systematic consultation of stakeholders in the
development and updating of waste reception and
handling (WRH) plans.
PM-1D:
Provide a better definition of 'adequacy' in
line with international guidance.
PM-2A:
Introduce a shared methodology to
calculate the indirect fee, including higher levels of
transparency on the various elements of costs
charged to port users for the use of PRFs, and
introduce the "right to deliver".
PM-2B:
Introduce a 100% indirect fee for garbage.
PM-2C:
Incentivise measures that reduce the
amount of waste produced on-board. For this, the
current provisions for green ships should be further
improved.
PM-2D:
Incentivise the delivery of all waste from
fishing vessels and small recreational craft to port
reception facilities by including them in the indirect
fee regime.
PM-2E:
Fishing for litter: include passively fished
waste into the scope of the Directive and in the
indirect fee
PM-3A.1:
Clarify the position of the PRF Directive
related to delivery of ship-generated waste.
Variant 1:
Align the scope of mandatory delivery
with the MARPOL discharge norms
PM-3A.2:
Clarify the position of the PRF Directive
related to delivery of ship-generated waste.
Variant 2:
Strengthen / emphasize the current
Article 7 provision on delivery of all ship-generated
waste, beyond the MARPOL discharge norms.
PM-3B:
Introduce requirement for a waste receipt
0
IG
IG
IG
0
SL
0
0
SL
0
0
0
0
PO-2: Minimum Revision
PO-1: Baseline scenario
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1845874_0051.png
to be issued upon delivery (Variant
1:
fully aligned
with IMO Circular 834,
Variant 2:
EU waste receipt
based on IMO Circular).
PM-3C.1:
Clarify the definition of ‘sufficient storage
capacity’
Variant 1:
Sufficient Storage Capacity
exception takes account of MARPOL legal
discharges
PM-3C.2:
Clarify the definition of ‘sufficient storage
capacity’
Variant 2:
Sufficient Storage Capacity
exception does not take account of MARPOL legal
discharges, and is not allowed when the next port
of call is located outside the EU.
PM-3D.1:
Replace the 25% minimum inspection
requirement with a risk-based approach.
Variant 1: Incorporate the inspections into the Port
State Control Regime (amending Directive
2009/16/EC)
PM-3D.2:
Replace the 25% minimum inspection
requirement with a risk based approach.
Variant 2 Dedicated targeting mechanism.
PM-3E:
Provide an annual inspection target for
fishing vessels and small recreational craft
PM-3F:
Extend the electronic Monitoring and
Information System, based on THETIS (EU) and SSN,
to ensure better reporting and exchange of
information, including the essential information
from the Waste Reception and Handling Plans.
PM-4A:
Align the definitions of "cargo residues"
and "ship-generated waste" with the definitions
used in MARPOL
PM-4B:
Align and update the forms to reflect the
IMO standard (IMO MEPC.1/Circ.834)
PM-5A:
Develop common criteria to be applied for
the application and approval of exemptions,
including the introduction of a standardised
exemption certificate, while also setting minimal
requirements on information exchange between
relevant authorities.
PM-5B:
Clarify in the legal text of the Directive that
vessels which are operating exclusively within one
0
TR
0
IG,
GI
0
0
0
0
IG,
TR
IG
PO-3A: MARPOL alignment
- no special focus on marine
PO-3B: MARPOL alignment
litter
- - special focus on marine
litter
PO-4A Stringent PRF regime
- no special focus on marine
litter
PO-4B: Stringent PRF
regime - - special focus on
marine litter
50
PO-2: Minimum Revision
PO-1: Baseline scenario
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port can also be exempted, provided they comply
with the relevant conditions.
As was explained at the beginning of this section, the approximation with the MARPOL
convention has been a determining factor in designing the policy options. The degree of
alignment with MARPOL differs between the options and is depicted in the Table below.
Table 10: policy options- degree of alignment with MARPOL
Policy options
Scope (Ship
Generated Waste
– MARPOL
Annexes)
+ inclusion Annex
VI waste
Definitions (Ship
Generated Waste ,
Cargo Residues)
Delivery
obligation vs
MARPOL
discharge
norms
- delivery
beyond
MARPOL
discharge norms
+ delivery in
accordance with
MARPOL
discharge norms
+ delivery in
accordance with
MARPOL
discharge norms
Inspections
(PRF vs PSC)
PO-2
- distinction
between SGW and
CR maintained
++ alignment
definitions and
forms
PO-3
PO-3b (ML
variant)
PO-4
++ inclusion
Annex VI waste,
and delete
distinction SGW
and CR)
+ inclusion Annex
VI waste;
- inclusion
passively fished
waste, and small
fishing vessels and
recreational craft
in CRS
+ inclusion Annex
VI waste
++ alignment
definitions and
forms
- distinction
between SGW and
CR maintained
- distinction
between SGW and
CR maintained
PO-4b (ML
variant)
+ inclusion Annex
VI waste;
- inclusion
passively fished
waste, and small
fishing vessels and
recreational craft
in CRS
- delivery
beyond
MARPOL
discharge norms
- delivery
beyond
MARPOL
discharge norms
PO-3A: MARPOL alignment
- no special focus on marine
PO-3B: MARPOL alignment
litter
- - special focus on marine
litter
PO-4A Stringent PRF regime
- no special focus on marine
litter
PO-4B: Stringent PRF
regime - - special focus on
marine litter
- PRF inspection
regime
+ PSC
inspections (of
the PRF delivery
obligation)
+ PSC
inspections (of
the PRF delivery
obligation,
including for
fishing vessels
and recreational
craft > 100GT)
- PRF inspection
regime
- PRF inspection
regime
51
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PO-1: Baseline scenario
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It should also be noted that the measures addressing the
fishing vessels and small
recreational
craft in option variants 3b and 4b as outlined above, constitute an add-on to the
current regime, which already covers these vessels, but excludes them from the indirect fee,
waste notification and the application of enforcement conditions and criteria. The following
table provides an overview of the changes envisaged for these vessels under variant options
3b and 4b compared to their current position under the Directive.
Table 11: position of fishing vessels and recreational craft
Scope/obligation
Overall scope
Current regime
All ships, including fishing vessels
and recreational craft,
irrespective
of their flag, calling at a port of a
Member State
Principles of the indirect fee to
apply to ships
other than fishing
vessels and recreational craft
authorised to carry no more than
12 passengers.
Any ship may be subject to an
inspection.
The criteria and procedures for
selecting ships for inspection do not
apply to
fishing vessels and
recreational craft authorised
to carry no more than 12
passengers.
Option variants 3b and 4b
All ships, including fishing
vessels and recreational
craft,
irrespective of their flag,
calling at a port of a MS
Principles of the indirect fee
(including 100% indirect fee
for garbage) to apply to
all
ships,
including fishing
vessels and recreational craft.
Any ship may be subject to an
inspection.
20%
of the total of number of
fishing vessels
of
100 GT and
above
calling in the MS
annually;
20%
of the total of number of
recreational craft
of
100 GT
and above
calling in the MS
annually
Procedures for inspections to
be established for fishing
vessels and recreational craft
below 100 GT
Payment of the indirect fee
Inspections
Control procedures to be developed
for inspections,
to the extent
required,
for
fishing vessels and
for recreational craft authorised
to carry no more than 12
passengers
6.
A
NALYSIS OF IMPACTS
6.1. Environmental impacts
Environmental impacts, in particular those defined as an increase in waste delivery to port
reception facilities and a decrease in waste discharged at sea, are described below per policy
option. The impact on the circular economy, which was introduced as an additional objective,
has also been included in the assessment of expected environmental impacts of the different
policy options.
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6.1.1.
Volume of waste discharged at sea and/or delivered in ports
Policy Options 2, 3, 4 and variants 3b and 4b all envisage the inclusion of MARPOL Annex
VI waste in the scope of the Directive (PM-1A), which will require the provision of additional
capacity in ports for the reception of this type of waste. Although MARPOL does not allow
this waste to be discharged at sea, and requires reception facilities to be provided in ports, the
current Directive does not include the corresponding provisions for this type of waste. It can
be expected that inclusion of this waste in the Directive will improve enforcement of the
MARPOL discharge prohibition and result in more deliveries of Annex VI waste in port
119
.
However, this increase in delivery will highly depend on the uptake of Exhaust Gas Cleaning
Systems (scrubbers) by the shipping market, which has been estimated at approximately
24,000m3 of sludge, and 360,000m3 bleed-off annually
120
.
Also included in all policy options is the strengthened requirement for consultation (PM 1-C),
which should improve the adequacy of PRFs as better tailored to the needs of port users.
Improved consultation is expected to result in jointly agreed procedures and principles, as
recorded in the Waste Reception and Handling Plans, as well as more commitment from port
users to the proper management of their waste, including delivery, and more clarity on the
operational aspects of the waste delivery and handling process. This should result in more
waste being delivered in port.
Besides these, the relatively small number of policy measures in
Policy Option 2
(minimum
revision) has a limited combined impact on waste delivery. Through soft law measures,
additional waste impact can be generated if Member States wish to adhere to the policy lines
recommended.
Policy Options 3 and 4
both contain additional measures which improve the adequacy of port
reception facilities, incentives for delivery of the waste to those facilities, and the exemption
regime for ships in scheduled and regular traffic. The measures with the greatest potential for
generating increased waste delivery are described below.
As confirmed by the results of the Open Public Consultation
121
, inefficient cost incentives are
an important reason for the illegal discharge of waste at sea. By streamlining the indirect fee,
and making the link between fees and costs more transparent – while clarifying that the
payment of the fee also provides a right to deliver the waste – the incentive regime will be
more harmonised, in particular as regards
the level
of the financial incentive provided. A
stronger incentive through harmonisation of the indirect fee is expected to lead to more
deliveries of the different waste types in specific ports, which before introduction of the
measure applied a lower indirect fee. However, it has been questioned whether this will result
in an overall increase of volumes of waste delivered at the EU aggregate level
122
.
119
As also confirmed by stakeholders to the targeted surveys: 30 respondents (i.e.73% of the 41 who replied to this specific question) in the
targeted survey indicated an expected increase in the amount of scrubber waste delivered to ports from the introduction of this measure,
accompanied by a decrease of discharges of this waste at sea, as expected by 15 out of 27 respondents (i.e. 56%).
120
See Annex 5, waste analysis
121
59 of the 79 (75%) respondents to the Open Public Consultation considered that inefficient incentives are an important or very important
contributing factor to the (illegal) discharge of ship-generated waste and cargo residues at sea. This makes it the first contributing factor
according to the responses to the OPC. Respondents were mostly composed of port authorities and their associations, port users, PRF
operators and their associations, and Member States authorities
122
There was general agreement among respondents to the targeted survey that the introduction of a shared methodology to calculate the
indirect fees would lead to a higher level of incentive for delivery in port. However, 13 out of 20 respondents on this question (65%) did
not expect a significant increase in volumes of waste to be delivered at the aggregated EU level. This was also confirmed by the ESSF
PRF Subgroup, which assessed the impacts of the recommendations for streamlining the cost recovery systems as developed by the
Correspondence Group
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The main differences between Options 3 and 4 in terms of waste delivery will come from the
proposed enforcement measures, which are different for the two Policy Options. Generally it
can be expected that improved inspections will result in more waste being delivered.
Policy Option 3
(MARPOL alignment) relies on the inclusion of the inspections in the Port
State Control regime. Compared to the baseline scenario, where 25% of all individual ships
calling annually need to be inspected, the incorporation of inspections into the Port State
Control regime, and the subsequent scope for applying a risk-based approach, will result in a
considerable decrease of inspections to be undertaken. At the same time, the system will be
more effective than the current regime, as it also allows for checking compliance with the
Directive’s delivery obligation and the MARPOL requirements through the same procedures,
which overall is expected to result in better compliance and implementation than is currently
the case
123
. A more effective inspection regime will also have a deterrent effect on ships
visiting EU ports, and it is to be expected to result in more waste being delivered, as was also
confirmed by 42 % of the respondents to the targeted survey (mainly PRF operators and port
authorities).
Policy Option variant 3b
(MARPOL alignment, with special focus on marine litter) would
lead to even more waste to be delivered to port, in particular from the fishing sector. This
would result mainly from the following additional measures: PM-2B (100% indirect fee for
garbage) is expected to contribute to the delivery of garbage waste, as it should allow the ship,
after having paid the indirect fee, to deliver all its garbage to the port without having to pay
any additional direct charges
124
. The inclusion of fishing vessels and small recreational craft
in the indirect fee obligation would also provide a better incentive for these vessels to deliver
their waste to port instead of discharging at sea
125
. This can be further strengthened by more
effective enforcement of larger fishing vessels and pleasure craft (over 100GT), which
according to MARPOL rules are obliged to carry a garbage management book on board. An
additional increase in waste delivered in ports is to be expected from PM-2E (incentivising
the delivery of passively fished waste by fishing vessels to port reception facilities through the
fishing for litter programmes). This would bring passively fished waste into the scope of the
Directive, as well as the indirect fee, allowing fishing vessels to deliver this waste to port
without having to pay additional direct charges. A majority of respondents to the targeted
survey for the fishing sector (14 out of the 18 who expressed an opinion, i.e. 78%) were in
favour of the introduction of the possibility to deliver the waste caught in nets or deliberately
retrieved from sea under the indirect fee.
Policy Option 4
(EU PRF regime, without additional focus on marine litter) is expected to
result in more waste being delivered to port reception facilities than policy option 3
(MARPOL alignment), as this policy option would also target the waste that could otherwise
be kept on board for subsequent discharge under the MARPOL norms. This would be
particularly relevant for sewage, in particular the sewage that has been generated in the port,
as well as small quantities of oily waste. As a result, the discharge of these categories of waste
at sea is expected to be reduced. However, it should be noted that having a strict delivery
obligation in place is not the same as a discharge prohibition (which has been discarded as a
policy measure; see chapter 5.2). A delivery obligation will not directly regulate the ship's
123
As explained in the baseline scenario and problem definition, MS currently do not meet the 25% inspection requirement set out in the
Directive and insufficient PRF inspections are undertaken
124
47% of the respondents to the targeted survey confirmed that the application of the 100% indirect fee system for garbage will have a
positive impact on waste delivery in ports
125
However, it should be acknowledged that currently in most fee systems in EU ports, fishing vessels already pay a monthly or yearly fee
(as part of the port dues), which should cover their household and operational waste, as reported at the 6
th
meeting of the PRF Subgroup
under the ESSF, panel discussion on waste from the fishing sector (4 October, 2016)
54
kom (2018) 0033 - Ingen titel
operations at sea, but may at most reduce
the need
for the ship to discharge, in particular
through a strict application of the exception of sufficient storage capacity on board until the
next port of call. If the application of this exception does not take into account potential legal
(MARPOL) discharges at sea but requires the storage capacity to be sufficient until the next
port, then the ships will have less operational needs to discharge
en route.
Therefore, limited
additional waste deliveries may be expected, but will be difficult to estimate due to the fact
that this depends on the ship's operations at sea.
In
Policy Option 4b
(EU PRF regime, with special focus on marine litter), additional delivery
of garbage waste can be expected, in line with the description of the impacts for Policy option
3b, as explained above.
In
Policy Options 3 and 4
(both variants), a significant contribution to all illegal waste
discharges could be provided. While it is not possible to provide an exact quantification of the
expected increase in waste deliveries, it is important to note the substantial marginal effects of
every 1%-increase in terms of reduction of the waste gap. Taking into account the estimates
of the waste gap provided in chapter 2, every 1%-increase in deliveries in all waste categories
would result in: 11,900 m
3
of additional oily waste delivered (waste gap reduced by 40%),
12,300 m
3
of additional sewage delivered (waste gap reduced by 9%) and 5,800-8,200 tonnes
of additional garbage delivered (waste gap reduced by 2-14%).
This indicates that even slight changes in delivery would have substantial environmental
impacts. As regards Policy options 3b and 4b, additional delivery of garbage may be expected
in comparison to options 3a and 4a.
The significance of the potential environmental benefits can be illustrated by looking at the
example of
garbage
discharges and their potential environmental costs. Every
1% increase
of discharges of garbage at sea, corresponding to between 5,800 to 8,200 tonnes of garbage
delivered on-shore, may result in:
1.6 to 2.3 M€ beach clean-up costs;
1.2 to 1.6 M€ damage for the fishing sector (based on studies mentioned in section 2.1);
Costs to the marine ecosystems which cannot be monetized, but have been described by
marine biologists, as also shown in the environmental vulnerability analysis (annex 8).
These figures also include the garbage waste from fishing vessels and recreational craft,
which - considering the share of these vessels in the total annual on-board generation of
garbage (30% and 19% respectively, corresponding to 437,000 tonnes of garbage) - contribute
significantly to the problem of marine litter and the associated costs. This justifies including
specific measures for these vessels in Options 3b and 4b in order to maximise the potential for
garbage delivery on shore.
Therefore, even focusing on garbage alone and on those impacts which can be monetised, a
1% increase in delivery of waste to port reception facilities will generate environmental
impacts high enough to outweigh the regulatory costs. Indeed, for all the options considered,
the order of magnitude of costs does not exceed hundreds of thousands of euros, as opposed
to millions of euros as regards the expected environmental benefits.
55
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Table 12: Waste potentially discharged at sea in the baseline scenario (as absolute value
and as percentage of total waste to be delivered)
Oily waste
Sewage
Garbage
Annex VI waste
(*including fishing
vessels and small
recreational craft)
60,000-300,000
tonnes (7-34%)
Unknown
31,000 m
3
(2.5%)
136,000 m
3
(10%)
The results of the environmental vulnerability analysis indicate that, for a given volume of
waste delivered to port reception facilities, avoidable negative environmental impacts are not
equal for all types of waste. It appears, for example, that negative effects are higher for
garbage in all sea basins. Therefore the potential for additional garbage to be delivered should
be assigned a higher weighting factor when considering the actual environmental impacts.
Furthermore, for oily waste and sewage, the environmental impacts are different per sea
basin. Taking into account the outcomes from the vulnerability analysis, it may be concluded
that Policy Options 3b and 4b will generate the highest environmental benefits, as these are
the options that are the most effective in reducing garbage.
6.1.2.
Circular economy
In addition to increasing waste delivery in ports, the options have the potential to contribute to
the circular economy, in particular by improving waste management practices in ports as well
as on board vessels. This is mostly the case through PM 1B and 1D, which seek to reinforce
the waste hierarchy in EU law, in particular through separate collection of waste
126
, and a
better definition of adequacy, which should also cover the environmental operation of port
reception facilities. In addition, PM 1C seeks to improve consultation of stakeholders in the
process, which also allows for the principles of the circular economy to be better
implemented
127
. Providing for harmonised criteria for green ships will promote the uptake of
sustainable waste practices on board, including segregation and waste minimisation, thus also
contributing to the circular economy.
Policy Option 2
(minimum revision), which includes measures 1C (consultation with port
users) and 1D (adequacy definition) as part of a minimum legislative revision, is thus
expected to generate a positive impact on the circular economy. However, the important
measure of separate collection is not included, limiting this potential contribution.
Encouraging incentive schemes to promote better waste practices on board (“green ship award
schemes”) can be fostered and aligned through soft law guidance.
Both
Policy Option 3
(MARPOL alignment) and
Policy Option 4
(EU PRF regime) provide
for measures 1B (waste hierarch), 1C (consultation with port users), as well as 1D (adequacy
definition), thus including the main elements that will generate positive effects for the circular
economy. In addition, both policy options include PM–3B (waste receipt), which may
produce additional benefits from increased monitoring of waste streams delivered in ports.
126
A recent study conducted for DG ENV on separate collection concluded that 'Separate collection of waste fractions leads to higher
recycling levels, as the fractions collected separately are usually sent to recovery operations, in particular to recycling' (p.18),
http://ec.europa.eu/environment/waste/studies/pdf/Separate%20collection_Final%20Report.pdf
127
Stakeholder involvement may lead to better recycling results as was shown in a recent study carried out by La Sapienza University on
door-to door collection schemes in three communities in Italy;
https://www.uclgcisdp.org/sites/default/files/Capannori_2010_en_FINAL.pdf.
56
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The policy measures dedicated to marine litter contained in
Policy Options 3b and 4b
are all
expected to result in additional deliveries of garbage waste to port reception facilities. This
waste, which would also include passively fished waste (i.e. the waste caught in nets during
fishing operations) through the application of the fishing for litter schemes, has the potential
to be further re-used or recycled. This in turn will generate further revenues for waste
operators. These options thus score even higher in terms of their contribution to the circular
economy.
Table 13:
Synthesis of environmental impacts
Waste delivered
Potential:
+ for oily waste
+ for sewage
+ for garbage
++ for oily waste
++ for sewage
++ for garbage
++ for oily waste
++ for sewage
+++ for garbage
++ for oily waste
+++ for sewage
++ for garbage
Additional potential for waste
treated/legally discharged
++ for oily waste
+++ for sewage
+++ for garbage (additional potential
for treated / legally discharged waste)
Circular economy
+
Option 2
Option 3a
++
Option 3b
+++
Option 4a
+++
Option 4b
++++