1. Regulating ship waste from a European perspective
HIELC, Hamburg, 5 April 2019

2. Policy Context MARPOL Convention
EU maritime policy and ship-source pollution
EU environmental policy (waste and water management): Marine Litter
Main EU Directives:
Directive on Port Reception Facilities
Directive on Ship-source pollution

3. 1. Directive on Port Reception Facilities
Directive 2000/59/EC on port reception facilities for ship generated waste and cargo residues
New Directive 2019/XX/EU on port reception facilities for the delivery of waste from ships
Evaluation (2016)
Impact Assessment (2017)
Commission proposal (2018)

4. Scope and Objectives
Scope: all ‘sea-going vessels’ and all EU ports visited by those vessels.
Objective(s):
Reduce discharges of waste from ships into the marine environment
and
Facilitate maritime transport operations by reducing the administrative burden
 Contribute to the Circular Economy

5. Links with the Circular Economy
Rationale: contribution of sea-based sources to overall problem of marine litter: merchant ships, fishing vessels, recreational craft. Environmental vulnerability of different sea-basins. Management of waste from ships in ports.

6. PRF Directive - MARPOL
Allow for proper implementation/enforcement of the relevant MARPOL provisions;
Waste defined as per MARPOL Annexes
Additional instruments/obligations:
Waste Reception and Handling Plans
Advance waste notification
Cost Recovery systems (PPP, and indirect fee)
Exemptions
Inspections
Information and monitoring system

7. New provisions Three main sections:
Adequacy of port reception facilities: Operational and environmental conditions
Delivery of waste from ships on land:
Economic Incentives
Enforcement
Exemptions
Administrative provisions

8. Adequacy
Definition: operational conditions and environmental operation (IMO Guidance)
New categories of waste: MARPOL Annex VI, Passively fished waste
Application of EU waste legislation in the context of ports: separate collection of waste
Waste Reception and Handling Plans: consultations, 'appropriate plan', 'significant changes'

9. Incentives for delivery
Main principles for all CRS:
Transparency fees and costs
calculation of significant contribution: to be applied to all ships, including fishing/recreational vessels
100% indirect fee for garbage (MARPOL Annex V): including passively fished waste, and old/derelict fishing gear
Differentiation of the fee based on category, type, size and type of traffic
Reductions to Green Ships and ships in SSS

10. Enforcement – mandatory delivery
Mandatory delivery in line with MARPOL norms, Exception based on sufficient storage capacity
Reporting of the Advance waste notification (Annex II) and Waste receipt (Annex 3);
Information, Monitoring and Enforcement System for Electronic reporting /exchange
of information (SSN/THETIS)
Inspection regime:
inspection commitment (15%)
selection of ships based on Union
Risk-Based targeting mechanism

11. Exemptions
'Ships in scheduled traffic with frequent and regular port calls'
Evidence of an arrangement for delivery and payment in a port along the ship’s route
Standard exemption certificate: Annex 5
Electronic reporting and exchange of information

12. Adoption & Implementation
Timeline for adoption and entry into force:
Adoption EP: 13 March 2019
Adoption Council: 9 April 2019
Entry into force: 20 days after publication (May)
Implementing acts ( ):
Calculation of sufficient storage capacity
Criteria for Green Ships (Mid-2020)
Union risk-based targeting mechanism
Methodology for reporting passively fished waste

13. 2. Directive 2005/35/EC on Ship-source pollution
Objective(s): 1. to incorporate international standards for SSP into EU law (MARPOL Annexes I and II) and provide an effective implementation/enforcement mechanism;
2. To ensure that those responsible are subject to adequate penalties, including criminal penalties
Scope: discharges within and beyond the territorial sea, but within the jurisdictional boundaries set by UNCLOS
Amended by Directive 2009/123/EC introducing the specific criminal law elements

14. Amending Directive 2009/123/EC
Replaces Council Framework decision 2005/667/JHA of 12/07/2005 to strengthen the criminal law framework for the infringement of the law against SSP
Introduction of (criminal) penalties: ‘effective, proportionate and dissuasive’
Illicit discharges from ships considered to be criminal offences when committed ‘with intent, recklessly, or with serious negligence’…and result in ‘deterioration in the quality of water’; ‘minor cases’ do not qualify as criminal offences
Liability of natural/legal persons

15. Monitoring and enforcement
Enforcement measures to ships in a port of a MS
Enforcement measures by coastal states to ships in transit: system of collaboration and information exchange
Close cooperation between MS, Commission and EMSA in the identification/monitoring and tracing of pollution: CleanSeaNet

16. Next steps
Work on harmonised reporting of waste discharges in line with MEPC/Circ.318 (discharge violations) and reporting to GISIS
Need for a revision of the SSP Directive: extension of the scope to include other MARPOL Annexes (Annexes III and V)
Timeline:

17. Thank you for your attention
Anna Bobo-Remijn European Commission DG MOVE – D.2