Download - 02. Ovegrview of Eu Legislation on Environmental Issues

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Overview of existing and expectedEU legislation on environmental

issues

Sergio Alda

Project Officer

Marine Environment & Port State Control

Lisbon, 9 April 2014


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Content

• Introduction

• Overview of existing/expected legislation

– Port Reception Facilities

– Air pollution

– Ship Recycling

– Sanctions for ship source pollution

– Greenhouse gases

– Ballast Water

• Role of EMSA

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This is Shipping


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However….this is (can) also (be) shipping

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• Shipping is the “cleanest” mode of transport

• Almost 90% of the EU external freight trade is seaborne

• Short Sea Shipping represents 40% of intra-EU exchanges

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Port Reception Facilities 6


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• Ship wastes discharges from ships is a serious environmental threat,• Shipping accounts for about 20% of the global discharges into the sea,

• Wastes include: garbage, cargo residues, oily waste, hazardous waste,slop & tank washings, toilet, shower, kitchen water, etc….


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Directive 2000/59 on Port Reception Facilities for ship generated

waste and cargo residues:

– MARPOL PORT RECEPTION F ACILITY REQUIREMENTS

– PORTS HAVE A PRF PLAN

– SHIPS HAVE TO NOTIFY, DELIVER WASTE AND + CARGO RESIDUES AND PAY A FEE

FOR THE PROVISION OF PRFS AND THE DISPOSAL OF WASTE

– MS TO APPROVE PLAN AND ENFORCE

http://www.google.co.uk/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&docid=SrPzxjZcjc0D5M&tbnid=CeyY3H-8jJljFM:&ved=0CAYQjRw&url=http%3A%2F%2Fwww.bristolport.co.uk%2Fmarine-information%2Fenvironmental-requirements%2Fport-waste-management&ei=tGgqU9z-CuWd0QWdqYCAAQ&bvm=bv.62922401,d.d2k&psig=AFQjCNGRtI48zcdK_gc-cVt8vggNFwl53A&ust=1395374600517329http://www.google.co.uk/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&docid=SrPzxjZcjc0D5M&tbnid=CeyY3H-8jJljFM:&ved=0CAYQjRw&url=http%3A%2F%2Fwww.bristolport.co.uk%2Fmarine-information%2Fenvironmental-requirements%2Fport-waste-management&ei=tGgqU9z-CuWd0QWdqYCAAQ&bvm=bv.62922401,d.d2k&psig=AFQjCNGRtI48zcdK_gc-cVt8vggNFwl53A&ust=1395374600517329


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Current developments:• Possible inclusion of MARPOL Annex V revisions and waste fromscrubbers (Annex VI and Sulphur Directive) in the Directive

• Promoting harmonization on exemptions, Waste Plans, approvaland enforcement through guidelines

• Developing the obligation for Electronic Reporting (SSN, June2015)

• Further guidance on the Directive provisions

(based on EMSA’ s cycle of monitoring and inspecting visits in all MSs)

• EC undertaking and Evaluation Review of the implementation of theDirective to identify potential areas of improvement

• Potential legal revision of the Directive (TBC)

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http://www.google.co.uk/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&docid=SrPzxjZcjc0D5M&tbnid=CeyY3H-8jJljFM:&ved=0CAYQjRw&url=http%3A%2F%2Fwww.bristolport.co.uk%2Fmarine-information%2Fenvironmental-requirements%2Fport-waste-management&ei=tGgqU9z-CuWd0QWdqYCAAQ&bvm=bv.62922401,d.d2k&psig=AFQjCNGRtI48zcdK_gc-cVt8vggNFwl53A&ust=1395374600517329http://www.google.co.uk/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&docid=SrPzxjZcjc0D5M&tbnid=CeyY3H-8jJljFM:&ved=0CAYQjRw&url=http%3A%2F%2Fwww.bristolport.co.uk%2Fmarine-information%2Fenvironmental-requirements%2Fport-waste-management&ei=tGgqU9z-CuWd0QWdqYCAAQ&bvm=bv.62922401,d.d2k&psig=AFQjCNGRtI48zcdK_gc-cVt8vggNFwl53A&ust=1395374600517329


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Air Pollution 10


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• Sulphur dioxide (SO2), particulate matter (PM), nitrogen(NOx) from shipping

• Sulphur emissions from shipping were forecast to exceed thosefrom all land-based sources in the EU by 2020

• Sulphur emissions alone account for 50.000 annual prematuredeaths

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Directive 1999/32/EC as amended by 2005/33/EC (as regards thesulphur content of marine fuels) commonly known as the SulphurDirective

•Aligns EU legislation with MARPOL Annex VI

•NOx not included and not yet covered by any other EU legislation

•Introduce additional requirements for non SECAs

•Published as Directive 2012/33/EU of 21/11/2012

(transposition by June 2014)

•Impacts of the revised Sulphur Directive for EU 27

€ 15 to 34 billion of annual health benefits

€ 2.6 to 11 billion of costs for shipping industry

to meet the new requirements


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Ship Recycling 13


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• Still many EU ships dismantled in unsafe and environmentally unfriendly

ship recycling yards (mainly Bangladesh, India and Pakistan)• In 2012 more than 365 EU owned ships dismantled in South East Asia

• In 2011 in India 25 people, and 15 in Bangladesh in 2012, were killedwhile dismantling ships (Toxic Watch Alliance)

beaching


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Reg. (EU) No 1257/2013 entered into force 30/12/2013

• Aims at early implementation of the IMO Hong Kong Convention

• Avoids negative impacts linked to recycling EU flagged ships

• Application initiates between 31/12/2014 and 31/12/2018

• Contains requirements for:

- Ship recycling facilities (e.g. authorization process and thedevelopment of an EU approved list of facilities),

- EU flagged ships (e.g. Flag State, PSC regime),

- Non-EU flagged ships (e.g. PSC Regime), and

- EU Shipowners (e.g. EU ships to be recycled in approved facilities)

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Ship Source Pollution 17


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• Most marine pollution is done deliberately (no as a result of accidents),

• MARPOL is violated on a daily basis by ships in EU waters

• MARPOL implementation not uniform amongst EU MSs

• Fines differ very largely from country to country (max. fine in Italy is80000€, in France 15 million€) – concrete fine in Portugal in 2006 was90.000€

• Need for harmonisation especially for imposition of penalties whichdiffer significantly among MS


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Directive 2005/35 on ship source pollution (covering Marpol Annex I

and II ) and on the introduction of penalties, including criminal penalties(amended by Directive 2009/123) , for pollution offences

• In line with MARPOL discharge standards, definitions and exceptions;

• Applies within internal waters (including ports), territorial sea,straits used for international navigation, EEZ or equivalent zone

of a MS, high seas

• CleanSeaNet tool in support of MSs


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2011 EMSA study on implementation level of Ship Source Pollution Dir.

• Criminal sanctions often apply only to pollution occurred within waters understate jurisdiction – territorial waters (as the penal code traditionally appliesto that), while administrative fines can be imposed for pollution on high seas.This is however not in line with Directive 2009/123

• Until now, no known case of sanctions for pollution in high seas (so mainlyEEZ, territorial seas and ports)

• Majority of cases fines were imposed on shipowners or ships’ s operator(companies) and the ship master. The few cases known of imprisonmentinvolved ship master, first officer and other crew

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Green House Gases 21


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• Greenhouse Gases (GHG) stimulate climate change, sea level rise andchanging temperatures;

• According to the Second IMO GHG Study 2009, international shippingwas estimated to have emitted about 2.7% of the global man-madeemissions of CO2

• International shipping is the most energy efficient mode of mass

transport and only a modest contributor to overall carbon dioxide (CO2)emissions

• GHGs in Shipping are currently not regulated and fall outside the scopeof Kyoto Protocol


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•MARPOL Annex VI / new Chapter 4 entitled “Regulations on energyefficiency for ships”, making mandatory the Energy Efficiency Design Index(EEDI) for new ships and the Ship Energy Efficiency Plan (SEEMP) for allships

•There is no EU legislation in relation to GHGs or energy efficiency fromships

•global approach to further improve its energy efficiency and effectiveemission control is sought through IMO


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Current developments:

•2009 policy statement: EU CO2 emissions from maritime transport shouldbe reduced by 40% by 2050 compared to 2005 levels.

•Proposed Regulation on Monitoring, Reporting and Verification of CO2

emissions from maritime transport: 28 June 2013– Currently being discussed in co-decision

– Could serve as ‘pilot’ for a possible international MRV

– Development of a MRV Centralised Database,

– Final scope of the Regulation under discussion:

•possible inclusion of NOx emissions; and

•extending scope to smaller vessels: from 5000 GT to 400 GT.

•MEPC66 has clearly spoke out in favour of an international MRV

•Working Group (& CG) on Further Energy Efficiency Measures established


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Ballast Water 25


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• 1032 aquatic invaders in European Seas• Non-native species can disturb ecological balance, threaten native species

and ecosystems, spread diseases, cause economic harm (fisheries,aquaculture and coastal industry (blocking water intakes), etc

• Awaiting entry into force of IMO Ballast Water Convention(Conditions of entry into force: 30 States + 35% of the world's tonnage –

38 States ratified but representing only 30,42% of world’s tonnage)


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Convention: Ballast Water Exchange Standard -

D1 Interim

At least 95 % volumetric exchange

Pumping through 3 times the volume of eachballast water tank

• Less than 3 times accepted when ship proves thatat least 95% volumetric exchange is met

At least 200 nm from nearest land and 200 m. depth

• If not possible - as far from the nearest land as possible,

and:

• at least 50 nm /200 m. depth

• Where these parameters can not be met special areas maybe designated after consultation of relevant states

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Convention: Longer Term Ballast Water Performance

Standard - D2 Ships conducting ballast water management shall discharge

• < 10 viable organisms ≥ 50 μm minimum size per m³, and

• < 10 viable organisms < 50 μm and ≥ 10 μm minimum size

per ml

Indicator microbes as a human health standard (not be

limited to):• Toxicogenic Vibrio cholerae (O1 and O139):


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Current developments

• MEPC 65 agreed on a package of changes:

– Sampling Trial Period – 3 years after entry into force

• No enforcement based on sampling alone

– Additional Guidance for Type Approval of BWMS and the form ofthe Type Approval Certificate

– Delay of application dates existing vessels

• first IOPP Certificate review date after entry into force(up to 5 years)

(Agreed by Assembly 28th in Nov. 2013)

• MEPC 66 agreed on an independent review of all implementationissues following some industry concerns about BWMS

• EMSA is finalizing original Action Programme, new Actionssuggested by MSs

• DG ENV’s new Legislative Proposal for Invasive Alien Species

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Role of EMSA

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Article 1 (objectives) of Regulation 1406/2002as amended by Regulation 100/2013:

This Regulation establishes a EuropeanMaritime Safety Agency (“the Agency”) for thepurpose of ensuring a high, uniform andeffective level of maritime safety, maritimesecurity, prevention of, and response to,pollution caused by ships as well as

response to marine pollution caused by oiland gas installations.

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• Increasing EU environmental legislation affecting shipping

• Cooperation with MSs and the Commission

• Provision of technical, operational and scientific assistance

• Alignment of EU legislation and international regulations

• Additional measures

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EU waters

VP Kallas & IMO SG Sekimizu


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THANK YOU

[email protected]

http://www.emsa.europa.eu/implementation-tasks/environment.html

Download - 02. Ovegrview of Eu Legislation on Environmental Issues

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