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The Belgian model: an example to other countries?

Gudrun Janssens Policy Advisor Public Waste Agency for Flanders OVAM Brussels - 14th October

Belgian model: an example to other countries? Applicable legislation concerning PRFs

IMO Regulations and Guidelines European Directive on Port Reception Facilities (PRFs) ISO standards

Practical implementation in Belgian ports

Belgian model: an example?

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IMO Regulations and Guidelines The MARPOL 73/78 Convention Important requirements MEPC Guidelines

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IMO Regulations and Guidelines MARPOL

International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocols of 1978 and 1997, relating thereto, and amendments
Preamble: desire to achieve the complete elimination of intentional pollution of the marine environment Belgium: Party to MARPOL
Ratified MARPOL Annexes I - VI

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IMO Regulations and Guidelines Important requirements MARPOL

Record books & garbage management plans and placards
Which ships? Which Residues? Described in MARPOL Review Annex V

Discharge MARPOL Residues into the sea / the shore (PRF)

Where and which ships? Described in MARPOL

Each Party has to ensure the provision of adequate Port Reception Facilities (PRFs) that meet the needs of ships using them, without causing undue delay
Obligation often delegated to the Port Authority (PA)
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IMO Regulations and Guidelines

Delivery of MARPOL residues to PRFs is excluded from the Basel Convention BASEL Convention
Waste, deriving from normal operation of a ship is excluded, when covered by another international instrument

Waste Shipment Regulation EC/1013/2006 excludes

waste, deriving from normal operation of a ship, when covered by another international instrument + waste generated on board ships, until such waste is offloaded in order to be recovered or disposed of !!!

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IMO Regulations and Guidelines

MEPC Guidelines
Guidelines for ensuring the Adequacy of PRFs MEPC.83(44)

Guide to Good Practice for PRF Providers and Users MEPC.1/Circ.671

Advanced Notification Form (ANF) Waste Delivery Receipt (WDR) Report Alleged inadequacies

http://gisis.imo.org
List inadequacies

Database existing PRFs

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IMO Regulations and Guidelines MEPC Guidelines

Comprehensive Manual on PRFs

Try to provide answers to practical questions e.g. adequacy? Undue delay,?

Supplemented to MARPOL

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Belgian model: an example to other countries?

Applicable legislation
IMO Regulations and Guidelines European Directive on Port Reception Facilities (PRFs)

ISO standards

Practical implementation in Belgian ports Belgian model: an example?

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Directive 2000/59/EC 1. Ensure availability of adequate port reception facilities

2. Development waste reception and handling plans

3. 24 Hours notification

4. Mandatory discharge
5. Cost recovery system

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Directive 2000/59/EC 4. Mandatory discharge for ship generated waste

Deliver all ship generated waste before leaving port Exemption: when sufficient storage capacity untill port of delivery Nevertheless mandatory when reasonable doubt about port reception facilities in port of delivery Different from IMO Regulations

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Directive 2000/59/EC 5. Cost Recovery System for ship generated waste

System principles
no incentive to discharge at sea all ships contribute, irrespective of the use exemption possible for frequent and regular ships fee covers at least 1/3 cost of PRFs, incl. treatment and disposal waste cost port reception facilities covered through collection of fee from ships

Mandatory: different IMO Regulations

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Belgian model: an example to other countries? Applicable legislation

IMO Regulations and Guidelines

European Directive on Port Reception Facilities (PRFs)

ISO Standards

Practical implementation in Belgian ports Belgian model: an example?

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Belgian model: an example to other countries? Applicable legislation

IMO Regulations and Guidelines

European Directive on Port Reception Facilities (PRFs)

ISO Standards

Practical implementation in Belgian ports Belgian model: an example?

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Practical implementation in Belgian ports Target groups:

Commercial ports Fishing ports Marinas Inland waterways

For each target group: tailor made approach

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Practical implementation in Belgian ports Commercial ports

Antwerp, Zeebrugge and Ghent Ostend: slight differences Open market system Ship entering commercial port pays separate waste fee: a fixed part a recoverable part
Notification ok proof waste was/will be delivered to PRF = enforcement !
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Practical implementation in Belgian ports

Cost Recovery System in commercial port

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Practical implementation in Belgian ports

Financial incentives to discharge:

if ship discharges in EU port: refund

+ if ship discharges waste in Flemish port, discount from waste fund Use of PRF is encouraged! Positive financial benefit for ship when delivering waste Tracking system whether waste was / will be delivered to PRF By monitoring: create ship discharge past Enforcement
PSC: team enforcement Directive 2000/59 Yearly audit waste fund
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Practical implementation in Belgian ports

Fishing Ports
Zeebrugge, Ostend, Nieuwpoort: 130 vessels No notification needed! PRFs: container park + mobile waste contractors Waste reception and handling plans: same principles Fee system: subscription system: 1000 euro/year Access to container park (badge) & discharge of all waste Every year: recalculation of fee

Freeriders: inspections!
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Practical implementation in Belgian ports

Before and after: waste in fishing ports

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Practical implementation in Belgian ports Marinas

Port reception facilities:
containers: glass, paper, cans, small hazardous waste (paint, oily rags, batteries, etc.)

pumping station: bilges, sewage

Waste reception & handling plans: same plan in every port

Blue Flag (FEE): WRHP mandatory (inland ports!)

Waste fee included in port dues No notification needed for small recreational crafts
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Practical implementation in Belgian ports

Marinas (Nieuwpoort)

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Practical implementation in Belgian ports Inland waterways receiving sea-going vessels

2 major regional authorities: 500 seagoing vessels per year PRFs: containers + mobile waste contractors separate waste fee: 25 euro = 1 m garbage (Annex V) every year: recalculation

notification needed
regional WRHPs: same for 2 authorities CCR - Convention on waste for inland navigation!
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Belgian model: an example to other countries? Applicable legislation

IMO Regulations and Guidelines European Directive on Port Reception Facilities (PRFs) ISO Standards

Practical implementation in Belgian ports

Belgian model: an example?

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Belgian model: an example? Some strong elements and some weaknesses No copy - paste but tailor made approach needed
Party State to the IMO? Ratify MARPOL? Which Annexes?

Developed country, developing country?

Different port types = different approaches

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Belgian model: an example? Strenghts

Mandatory discharge (as in all EU Member States)
environmentally sound waste treatment

Cost Recovery System that creates true positive incentive

Ship who delivered: rewarded Second incentive: direct discount (waste fund) Reporting system: electronically

Reporting system
Close monitoring ships discharge

Cross-check with data waste contractors and ships notification

Dubious data: PSC inspection

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Belgian model: an example? Strenghts

Enforcement
PSC: Team enforcement waste

Cost Recovery System

Yearly audit

Open market system:

Efficient service (competition improves adequacy) Correct price level

Co-operation between competent authorities / stakeholders

PSC, environmental and maritime agencies, port authorities, waste contractors, ship agents,
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Belgian model: an example? Possibilities to improve through EU legislation?

Mandatory discharge ship generated waste
Depend on GISIS database PRFs and reported alleged inadequacies objective (in stead of reasonable doubt) Develop (international) standards, criteria when to discharge? What is sufficient storage capacity (IOPP?)

Cargo residues
Part of MARPOL Annex V Cost Recovery System and mandatory discharge?

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Belgian model: an example?

Enforcement and monitoring
Sirenac information system for the identification of polluting or potentially polluting ships? Safe Sea Net? Monitoring: creating shipss discharge past!

Making ships aware and responsible for the waste they discharge!

What is excluded from Basel convention / WSR?

Waste, deriving from normal operation of a ship is excluded, when covered by another international instrument All waste generated on board? Normal operation of a ship? Guidance from IMO? When Basel? When MARPOL? Today? No, near future!

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Belgian model: an example? EU and its Member States should

Set high standards for EU ports Try to improve Take into account
Marine pollution is by its nature transboundary Drifts with ocean currents and winds Shipping companies, owners Importance of MARPOL National and even EU legislation also has it limits

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Belgian model: an example? Improve international legislation

Clear

international guidance on some basic principles

More stringent international legislation on the use of PRFs and on the development of PWMP
Development of a cost recovery system tailored to the ports needs
Mandatory discharge is advisable, but take into account waste treatment

Today? In the near future because of increasing need for adequate port reception facilties
E.g water containing cargo residues Unreasonable to ask Party States to provide PRFs without obliging ships to use them
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So we can prevent

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and preserve the marine environment

Thank you for your kind attention !

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Gudrun.Janssens @ovam.be

T: 015 284 361 F: 015 434 403