Environmental National Legislation of Ecoport8 Environmental National Legislation of Ecoport8 Environmental National Legislation of Ecoport8 Environmental National Legislation of Ecoport8 Countries toward EU Environmental DirectivesCountries toward EU Environmental DirectivesCountries toward EU Environmental DirectivesCountries toward EU Environmental Directives

T. Floqi J.KaaniT. Floqi J.KaaniT. Floqi J.KaaniT. Floqi J.Kaani , , , , L. Damiani, J. MarinskiL. Damiani, J. MarinskiL. Damiani, J. MarinskiL. Damiani, J. Marinski

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Introduction

In order to improve a common safeguard policy for marine environments

between the range of ports of Corridor8, in order to guarantee healthy, eco-

competition between SEE routes and ports and to avoid irreversible

environmental damage we need

Identification and analytical analysis of EU laws, international IMO

conventions, national laws, acts, regulations, ecological standards (EMAS),

on the ground of ISO 14001, 14004,14031 to share between Ecoport project countries

Strategic documents and plans, policy instruments, local community

regulations etc.

Verify which environmental parameters (of port interest) are actually

regulated by law

Ensure that national laws comply with Europeans ones

Technical-scientific evaluation and consideration of different

adoptions of EU laws at national level

Exploring the possibilities of improving the national legislation

and its harmonizing with EU legislation, within project countries

Collection and exploring of:

EU legislation

national environmental legislation

IMO conventions accessed by project partner countries

Preparing & filling of the forms for this work package:

FORM 1 Environmental Issues & list of IMO convention ratified by project countries

FORM 2 Transposition of EU environmental legislation on national regulations-Port

and Maritime EU Legislation

FORM 3 on port sensible parameters.

Revised FORM1 & 2

Preparing of the draft on standard analyses for all project partners and respective

comments, for each environmental issue

Material and Methods

1. Water quality of port aquatorium

EU Legislation Directive 2006/7/EC, 82/176/EEC , 83/513/EEC 84/156/EEC, 84/491/EEC

86/280 / EEC, 80/68/EEC

Italy(4 doc) & Greece(4 doc)Analyzing the legislative documents, we can say that they are complying with the

above Directives and implement them:

Directive 2006/7/EC concerning the Management of bathing water quality

Directive 80/68/EEC, On Groundwater quality (prohibition of discharges, monitoring, etc)

Directive 2008/56/EEC Marine Strategy Framework Directive

Directive 2008/105/EEC On environmental quality standards in the field of water policy,

amending and subsequent repeal of Council Directives 82/176/EEC, 83/513/EEC,

84/156/EEC, 84/491/EEC and 86/280 / EEC

Directive 2008/105 hasnt been enforced in the Greek legislation yet

Having more detailed rules about the water quality of port Aquatorium

Acting program of continuous improvement of the port water hydrodynamic

conditions

Environmental Issues Complying with EU

Directives

Legislative documents, Bulgaria (5 doc) & Romania ( 4 doc) complying with the

EU Directives Bulgarian and Rumanian environmental legislation is well developed

No action programmes in Bulgaria for application of Measures for monitoring and control

are included in the National Programme for port development

In Rumania monitoring of aquatorium water quality is realised periodically, twice on year

It is not clear in which cases, should oblige users for water quality monitoring

Main legislative documents complying with EU Directives,

for Albania (8 doc) and Montenegro (2 doc) are some laws and Decrees

Montenegro, in compare with Albania, has the classification of surface water complying with

the EU legislation

There is a lack of surface water indicators, even for the water quality of port aquatorium

To have more detailed ministerial decrees, rules, monitoring techniques and

establishment of environmental standards about the water quality for surface waters

in general and for port aquatorium in particular

2. Releases to Water

EU LEGISLATION

Directive 2005/35/EC, 2000/59/EC, 2008/98/EC, 2002/84/EC

All countries have ratified Marpol Convention 73/78 for Prevention of Pollution from Ships, Anex I, II, III, IV

Italy (4 doc) & Greece (3 doc)Leg. Doc. are Implementation of:

Directive 2005/35/EC On ship source pollution & penalties,

Directive 2000/59/EC On port reception facilities for ship generated waste and cargo residues

Directive 2002/84/EC On maritime safety and the prevention of pollution from ships

The Directives 2005/35/EC and 2008/98/EC havent been integrated in the Greek Legislation

yet

Some of the documents are very general laws (as it applies to all areas of the

environment)

The treatment of first flush water must be provided in cases of particular activities that

produce pollutants within the port

Leg. Doc. Bulgaria (11 doc) & Romania (3 doc) complying with the EU

Directives

Bulgarian and Rumanian legislation is well developed

The environmental norms are not applied properly due to existing economic problems and

sometimes poor self-consciousness of the port facility and ship operators (polluters)

Inapropriate treatment of domestic and industrial effluents from Bulgarian Corridor 8 ports

(e.g. Port of Bourgas)

The Rumanian stipulate the quality conditions/limits, according to different biochemical

parameters (COD, BOD, N Total, P Total), but the control in aquatorium area is made twice on

year and once per month for waste water

Leg. Doc. Albania (4 doc) & Montenegro(3 doc) complying with the EU Directives

Albanian and Montenegros laws, decrees and decisions obliges Port Authority and the Port

Concessionaire to respect international and national laws and regulations relating to preventing

pollution from ships, protection of the sea and costal areas and also obliges companies and

other entities to install measuring equipment and regularly examine quantity and quality of waste

water

The monitoring of waste water discharges is not implemented yet

The management of rain water and first flush water in the port is lacking (e.g. treatment of first

flush water, In case of handling bulk cargoes especially mineral ores)

It is recommended that legislation (DCM, Guide, Rules etc) aim specifics of port activities

causing pollution

MANAGEMENT OF DISCHARGES FROMA LAND SHOULD BE BETTER

DEFINED

3. Air Quality

EU LEGISLATION

Directive 2004/107/CE, 96/61/CE , 2008/50/EC , 96/62/EC, 99/30/EC, 2000/76/EC, 2000/69/EC,

2002/3/EC,

IT GR BG RO , have ratified Marpol 73/78, Annex VI

Italy (5 doc) & Greece (10 doc)

Leg. doc are the implementation of:

Directive 1999/32/EC as regards the sulphur content of marine fuels

Directive 2004/107/CE relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic

hydrocarbons in ambient air

Directive 96/61/CE On Integrated Pollution Prevention & Control

Directive 96/62/CE On evaluation and management of air quality

Directive 2008/50/EC hasnt been integrated yet in the Greek Law

The Hellenic Coast Guard inspects the ships regarding their emissions

Leg. doc. Bulgaria (2 doc) & Romania (6 doc), complying with EU Directives

Bulgaria hasnt got any document giving actually measures for monitoring or reducing of

emissions

In Rumania actually not all port operators and economic entities that work in the port are

applying the provisions on limits of air pollutant emissions

Air pollutant emissions from industrial sources and traffic are constantly monitored by different

institutions, according to the limits set by law

Legislative documents, Montenegro (2 doc) and Albania (5 doc) aim to comply with

EU legislation, imposing entities and operators of ports but, does not addresses to

the EU directives

In conclusion, we havent got any low aimed specifically at the air quality in portual areas, and any document gives actually any measure for reducing

emissions in all partner countries

It would be necessary to establish specific limit values for homogenic zones, in

particular for waterfront areas and specific measures for all partner countries

4.Waste

Directive 2000/59/EC,

91/156/EC , 2008/98/EC

2002/84/EC , Regulation

(EC) No. 1137/2008 &

1013/2006

EU LEGISLATION

Marpol Convention 73/78

Annex V

Basel Convention 1989 On the

control of Transboundary

movements of hazardous

Wastes and their Disposal

All project countries have ratified the above conventions

Implementation of

Directive 91/156 On hazardous waste

Directive 2002/84/EC On maritime safety and the prevention of pollution from ships,

complying with the EU Legislation

Directive 2008/98/EC On waste prevention promotion

Directive 2006/12/EC Waste management, separation, collection, recycling

The Directive 2008/98 hasnt been integrated yet in the Geek Law

Waste management in ports can be done either by the ports if they have the

required facilities (most of the new parts of the ports have included such

facilities) either by private companies authorized by the ports

It has to be better understood when applying the above leg. doc. inside ports

Legislative doc, Italy

(2 doc) & Greece (5

doc) complying with

the EU legislation

Bulgarian & Romanian national legislation is well developed with laws,

guides, regulation, etc

Waste management program based on the principles of waste hierarchy

source separation, collection and recycling of priority waste streams

(Directive 2006/12/EC), Directive 2008/98/EC On waste prevention

promotion

European Council Regulation no. 1013/2006 referring to the waste

transport transfer in, to & from Europe

Leg doc, Bulgaria (9

doc.) and Romania (

doc.) complying with

the EU directives

Waste Management Plan for ship-generated waste and cargo residues

Annual report documents about the types, volumes and quantities of generated

waste and adopted by ship to fill the public register of waste and the information

system for wastes from ships

Program for waste management in port as integral part of the municipal

environmental programmes

Environmental Impact Assessment of any development proposals for installations

for hazardous and non-hazardous waste neutralization and installations for

household waste treatment

Etc

There is an economic regulator to minimize ship generated waste

There are not enough economic regulators to promote waste prevention, re-

use, recycling and recovery leading to a general applied scheme for waste

management consisting of collecting, transportation and disposal

Leg doc Albania (3

doc) and

Montenegro (2 doc)

aim harmonization

with EU legislation

In Albania, the act or regulation

for the coordination of actions

between port actors & factors,

especially, environment unit of the

port authority and harbour master

as an executive body, is missing

In Montenegro there is a

Rulebook on Waste Classification

and Methods of Waste Disposal

5. Dredging

The EU Legislation, identified relating to the dredging, is as follow

1 Geotechnical Investigations International Standards

Bathymetric investigation

international Stanadards

2

Environmental Impact Assessment3

Directive 85/3373.1

Directive 2004/353.2

Recommendation 2001/4533.3

Italy (2 doc.) and Greece (3 doc.) are taking in reference the EU directives

It is important to specify that these rules are for SIT, (National Interest Site), so, even if

operations of dredging are well standardized, they maybe will be extended to all Italian site or it

would be useful to define rules for other sites

Italian legislation is too much hard for some aspects

Dredging materials are often classified as special waste so it is impossible, or too much

expensive, their reuse (In Italy)

There isnt any particular regulation about dredging of sediment in Greece, but any dredging

works conducted within the ports are based on environmental studies

Bulgaria (6 doc) and Romania (1 doc) are taking in reference the EU

legislation

There is a convention between 2 countries Protocol on the protection of the Black Sea marine

environment against pollution by dumping

EIA is required for issurance of a permit for dredging activities

In Bulgaria there is not a detailed particular regulation about dredging of sediments

In Romania the sediments are analyzed according rules, for physical, chemical, biological

properties & effects

Romania has adhered intern. Law on OSPAR Guidelines for the management of dregded

material

There are no specific laws, DCM, Regulations for dredging activities, in

Albania and Montenegro

Actually, these activities are managed by EIA Law which requires for every project or activities

There are no laws on hidrodinamic monitoring of dredging activities (turbidity analysis,

sediment dispersion in particular weather condition)

It will be useful to rule all dredging activities taking into account: sediment quantity

and characteristics, site characteristics (bathymetry, meteorology, hydrodynamics, etc),

type and place of storage

Moreover, dredging policy has to be supported by:

Data field and numerical model, able to link hydrodynamics conditions with sediment

dispersion, turbidity, etc.

6. Noise

EU DIRECTIVES Directive 2003/10/CE , 2002/49/CE , 2000/14/EC

Leg doc Italy (5 doc) and Greece (2 doc)

Implementation of:

Directive2003/10/CE On the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise)

Directive 2002/49/CE relating to the assessment & management of environmental noise

In Italy we have got a complete legislation about noise, it is referred too at waterfront areas

and takes into account the involvement of workers

Are established limit values, but are not specified monitoring of noise emissions

(NOISE MONITORING IS REALLY EXPENCIVE)

There is a lack of specific regulations regarding noise pollution within the port areas in Greece

Leg. doc. Bulgaria (6 doc) and Romania (1 doc) complying with the EU

Directives

Ports are refered to the agglomerations and are therefore under the control of the mayor of

the relevant municipality

It would be better if the ports are referred to an independent group under the

control of the Bulgarian Ministry of Transport

The strategic noise Romanian maps have been elaborated taking into

consideration the industrial noise, railroad traffic, road traffic and also the LZSN

indicators (noise indicator for daylight-evening-night)

Albania (2 doc) & Montenegro (2 doc) are complying with the EU Directives

Limit values are established according to the classification, but in port area is not monitored

any noise emission

In Albania, the classification refers to construction sites and not for port areas

There is a lack of specific regulations regarding noise pollution and monitoring emissions within the port areas

7. Odours

EU LEGISLATION EN 13725:2003, . Directive 96/62

Italy, main legislative document complying with EU Directives on this issue is:

UNI EN 13725:2004. implementation of the EN 13725:2003 Air quality-

determination of odour concentration by dynamic olfactometry

Bulgaria

Romania

Albania

Greece

Montenegro

NO IDENTIFIED LAW

There are not ruled limit values for odours emission in waterfront

areas

There are no suggestions about the monitoring of odours and

measures to reduce releases in

It will be necessary to find and rules methods to avoid, prevent or reduce bad

odours emission in the air

8. Light Pollution

EU LEGISLATION No identified EC Directive or any other international treaty

Regional Law n.15/2005 about "Urgent measures for the containment of light pollution and energetic savings

The standard promotes reduction oflight pollution and of energetic

consumption, with the aim of store protect environment such as a territory,

into and out of protected areas There are no specific NATIONAL

laws regarding light pollution and light pollution in ports

Italy Bulgaria

EN 13201-2 Road lighting - Part 2:

Performance requirements will be

implemented soon by Bulgarian

Institute for Standardization

Light pollution has already

discussed in national/international

scale and Bulgarian National

Committee on Illumination (BNCI)

organise where the light pollution

and its impact on the environment

take place

Romania

Albania

Montenegro

Greece

Since, there are no

specific laws regarding light

pollution, we can not refer to

any right or wrong practices

or benchmarks to be met

9. Energy Efficiency

EU LEGISLATION Directive 2006/32/CE, repealing Directive 93/76/CEE

Directive 93/76/CEE

Italy (2 doc) & Greece (1 doc)

The legislative documents are:

On the implementation of Directive 2006/32/CE On energy end-use efficiency and energy

services

The obligation of renewable sources use is important but in the Law there is no more

information about waterfront areas

Use of renewable sources is well defined in the Italian legislation

New energy efficiency plans and regulations are under discussions and development, in

Greece

Leg. doc. Bulgaria (3 doc) Romania (2 doc) complying with EU Legislation

In Bulgaria there is a program for Efficient use of Energy and Energy Resources, for the

promoting of the use of biofuels in the transport sector

In the practice of the Bulgarian ports at EU Corridor VIII the sludge and other liquid oil-

containing wastes from ships and ports are treated and partially recycled

Bad coordination among all institutions

Absence of control on implementation of the measures for energy efficiency

Weaknesses in the implementation of target programs, whose main purpose is to encourage end

users to reduce use of energy resources

The increase in the price of electricity could be a limitation for ports to use alternative energy

sources and fuels

Albania & Montenegro (1 law) On Energy Efficiency , related to the issue

Written one statement Energy must not give any negative impact in the environment

There are no DCM, Ministerial Guide, Rule or regulation regarding the environment protection, of

course even for the port areas

It could be useful to improve energy end-use efficiency in waterfront areas

maybe with the creation of energy district into ports, or establishing energy

governance typical for portal areas

The aim would be to make possible that ports provide for themselves at the

treatment of sludges as energy source

10. Rehabilitation of Polluted Areas

EU Legislation Directive 91/156/EEC & 2004/35

Italy (4 doc) and Greece (3 doc)

The legislative documents are on the implementation of above directives

Directive2004/35 On environmental liability with regard to the prevention and remedying of

environmental damage

Directive 91/156/EEC On waste

In case of contamination, there is no DCM, Guide or Regulation on concentration limit (ACL)

values which are considered safe for human health and natural environment, nevertheless on

contamination surveillance limits (CSC) or risk based values (CSR) in case a substance in soil

or water is above the surveillance limit during the preliminary investigations the site is called

potentially contaminated

It has to be better understood when applying the above laws inside ports

Leg. Doc. Bulgaria (2 doc) and Romania (2 doc) complying with the EU

Legislation

Monitoring of the rehabilitation measures is provided

No identified Law for this issue, in Albania & Montenegro

At Law On sea environment protection is mentioned that polluters are obliged to clean

(rehabilitate) the polluted area but there is no Law, DCM, Ministerial Guide, Rule or regulation

regarding the Rehabilitation of polluted areas, of course even for the port areas

11. Soil Contamination

EU Legislation COM/2002/179

Italy and Greece (1doc)

The legislative documents complying with the EU legislation

The Italian Environmental Ministry gives authorization, in accordance with Agricultural Politics

Ministry, and on proposition of Sea Authority of the nearest zone with a port where it have to be

the disposal

There is no Ministerial (Environment or Agricultural) Guide or Regulations for Soil

Contamination, but there are regulations regarding soil contamination which is caused by waste

disposal, in Greece

Bulgaria and Romania (1 doc)

Legislative documents comply with the EU legislation

There is a Regulation on limit values of pollutants in soil

The planned expansion of the Bulgarian sea ports includes highly urbanized areas and does

not lead to significant loss of economically valuable land and soil contamination

Albania has 5 legislative documents related with EU directives

There is no Ministerial (Environment or Agricultural) Guide or Regulations for Soil

Contamination

Montenegro (1 doc) complying with EU Directives, Rulebook on allowable

concentrations of dangerous and harmful substances in soil and methods of their

testing

12. Bunkering

Marpol Convention 73/78

Annex I & II, ratified by

all project countries

EU LEGISLATION

International Convention

On Civil Liability for Bunker

Oil Pollution Damage, 2001

(Bunkers Convention)

All project countries have ratified the Bunkers Convention,

except ITALY & MONTENEGRO

The legislative documents of all project countries have been made according to the ratification of the Protocol of 1978 relating to the International Convention for the

Prevention of Pollution from ships (ANNEX I and II)

In Italy are described and regulated all the operations of bunkering on quay

and mobile bunkering

Mobile bunkering is the most dangerous, it includes circulation of dangerous

substances and vehicles with the consequently grow of risks of accidents in ports

areas. Mobile bunkering is authorized only for particular situations

There are only two ports in Albania carrying out bunkering activities

One, 7 km far from Port of Durres, and the other about 7 km far from Port of Vlora

These ports are regulated by specific regulations issued from the Ministry of Transport

13. Cargo Handling Transportation & Storage

EU Legislation Directive 2002/59/CE, 2005/65/CE, 2003/44/CE,2002/84/CE,2002/6/CE, 92/106, 96/82/EC (the SEVESO II Directive), 2007/71/EC, Decision 1692/96/EC

Italy (12 doc) and Greece (11doc)Legislative documents are on the implementation of:

Directive 2002/59/EC On the institution of a Maritime Transport Management

and Information System

Directive 2005/65/CE On improvement of port security

Directive 2007/71/EC, On Measures and Conditions regarding the Reception Facilities for Ship

generated Waste and Cargo Residues

Directive 2002/84/EC, On maritime safety and prevention from pollution caused by ships

Directive 96/82/EC for the setting of the measures and conditions to prevent and control of

major-accident hazards involving dangerous substances

Directive 2005/35/CE On pollution provoked by vessels

Directive 2002/6/CE On reporting formalities for ships arriving in and/or departing from ports of

the Member States of the Community

Directive 2000/59/CE On port reception facilities for ship-generated waste and cargo residues

Greece hasnt adopted the Directive 2005/35 yet

Bulgaria and Romania (1 doc) apply mainly national legislation on this

issue, according to the ratification of Marpol Convention 73/78

Albania (2 doc) and Montenegro (2 doc)

Main legislative documents complying with EU directives and Marpol conventions

There is in progress of a new Maritime Code where international experts are stating to cover

most EU requirements on the establishment of the Maritime Administration, inAlbania

14. Biodiversity

EU Legislation Council directives 92/43/EEC, 79/409/EEC

Leg. doc. Italy & Greece ( 2 doc) complying with the EU Legislation

Directive79/409/EEC On the conservation of wild birds

Directive 92/43/EEC On the conservation of natural habitats and of wild fauna and flora

Bulgaria ( 2doc), Romania ( 2doc), Albania (5 doc), Montenegro ( 2 doc)

complying with EU legislation

It seems that Bern convention is ratified from all partner countries, even

there are Laws for biodiversity conservation, but we do not know how to implement these laws in port areas

There are no specific regulations regarding biodiversity within ports,

although no port activity is allowed in protected areas due to their biodiversity (ex. In Greece)

15. Port Development

EU Legislation No identified EC Directive or IMO Convention or Treaty

There is no relevant legislative document complying with EU directives, in this

issues, in project partner countries

In Bulgaria there is a law On the Maritime Spaces, Inland Waterways and Ports

of the Republic of Bulgaria (prom. SG. 12/11 Feb 2000 , amend. SG. 47/23 Jun

2009)

In Albania there is a DCM No. dt. 28.5.2009 On approval of Master Plan for the

Development of Durres Port

In Montenegro there is a Law On Ports (Official Gazette of Montenegro 51/08,

22.08.2008)

It is important to demonstrate the social-economic value of ports and their

care for environmental protection, for a sustainable coexistence between

cities and port areas obtained by a coordinated management of urban and infrastructural development

Protection of the marine environment from land-based activities with

implementation of Integrated Coastal Zone Management (ICZM),

Development of a Specialize Development Scheme for the Territory of the Black Sea Coast (Draft)

Conclusions

FROM EXAMINATION OF LEGISLATIVE DOCUMENTS ON ECOPORT 8 COUNTRIES, COMPARED WITH THE RELATIVE EU DIRECTIVES WE FOUND

THAT:

1Italian & Greek

legislation is most related to the EU

Directives, including implementation

2Bulgarian, and Romanian, despite

the fact that their Nat. legislation

is complete but, often it refers to

EU respective Directives,

despite the fact that there are

shortcomings in implementation

3 Albanian & Montenegro, need time and assistance to establish a system of transposition &

implementation program toward

EU legislation

THANK YOU FOR YOUR ATTENTION!