Overview of existing and expected

EU legislation on environmental
issues

Lisbon, 9 April 2014

Sergio Alda
Project Officer
Marine Environment & Port State Control

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

This is Shipping

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

 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

Port Reception Facilities

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.

Directive 2000/59 on Port Reception Facilities for ship generated

waste and cargo residues:
MARPOL PORT RECEPTION FACILITY 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
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Current developments:
Possible inclusion of MARPOL Annex V revisions and waste from
scrubbers (Annex VI and Sulphur Directive) in the Directive
Promoting harmonization on exemptions, Waste Plans, approval
and enforcement through guidelines
Developing the obligation for Electronic Reporting (SSN, June
2015)
Further guidance on the Directive provisions
(based on EMSAs cycle of monitoring and inspecting visits in all MSs)
EC undertaking and Evaluation Review of the implementation of the
Directive to identify potential areas of improvement
Potential legal revision of the Directive (TBC)

Air Pollution

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 Sulphur dioxide (SO2), particulate matter (PM), nitrogen

(NOx) from shipping
Sulphur emissions from shipping were forecast to exceed those
from all land-based sources in the EU by 2020
Sulphur emissions alone account for 50.000 annual premature
deaths
11

Directive 1999/32/EC as amended by 2005/33/EC (as regards the

sulphur content of marine fuels) commonly known as the Sulphur
Directive
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

12

Ship Recycling

13

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 killed
while dismantling ships (Toxic Watch Alliance)

beaching
14

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 the
development 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

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 is
80000, in France 15 million) concrete fine in Portugal in 2006 was
90.000
Need for harmonisation especially for imposition of penalties which
differ significantly among MS
18

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

19

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

Criminal sanctions often apply only to pollution occurred within waters under
state jurisdiction territorial waters (as the penal code traditionally applies
to 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 mainly
EEZ, territorial seas and ports)
Majority of cases fines were imposed on shipowners or shipss operator
(companies) and the ship master. The few cases known of imprisonment
involved ship master, first officer and other crew

20

Green House Gases

21

Greenhouse Gases (GHG) stimulate climate change, sea level rise and
changing temperatures;
According to the Second IMO GHG Study 2009, international shipping
was estimated to have emitted about 2.7% of the global man-made
emissions 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 scope
of Kyoto Protocol

22

MARPOL Annex VI / new Chapter 4 entitled Regulations on energy

efficiency for ships, making mandatory the Energy Efficiency Design Index
(EEDI) for new ships and the Ship Energy Efficiency Plan (SEEMP) for all
ships
There is no EU legislation in relation to GHGs or energy efficiency from
ships
global approach to further improve its energy efficiency and effective
emission control is sought through IMO

23

Current developments:
2009 policy statement: EU CO2 emissions from maritime transport should
be 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

24

Ballast Water

25

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 worlds tonnage)
26

Convention: Ballast Water Exchange Standard D1 Interim

At least 95 % volumetric exchange
Pumping through 3 times the volume of each
ballast water tank
Less than 3 times accepted when ship proves that
at 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 may
be 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 m minimum size per m, and
< 10 viable organisms < 50 m and 10 m minimum size
per ml
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Indicator microbes as a human health standard (not be

limited to):
Toxicogenic Vibrio cholerae (O1 and O139): <1 colony forming unit (cfu)
per 100 ml or < 1 cfu per 1 g (wet weight) zooplankton samples
Escherichia coli: < 250 cfu per 100 ml
Intestinal Enterococci: < 100 cfu per 100 ml

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 of

the 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 implementation

issues following some industry concerns about BWMS
EMSA is finalizing original Action Programme, new Actions
suggested by MSs
DG ENVs new Legislative Proposal for Invasive Alien Species

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Role of EMSA
30

Article 1 (objectives) of Regulation 1406/2002

as amended by Regulation 100/2013:
This Regulation establishes a European
Maritime Safety Agency (the Agency) for the
purpose of ensuring a high, uniform and
effective level of maritime safety, maritime
security, prevention of, and response to,
pollution caused by ships as well as
response to marine pollution caused by oil
and 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
32

EU waters
VP Kallas & IMO SG Sekimizu

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

THANK YOU
sergio.alda@emsa.europa.eu