Opinion of the Committee of the Regions on the "Proposal for a Council Directive on port reception facilities for ship-generated waste and cargo residues"

(1999/C 198/06)

THE COMMITTEE OF THE REGIONS,

having regard to the Proposal for a Council Directive on port reception facilities for ship-generated waste and cargo residues [COM(1998) 452 final - 98/0249 (SYN)](1);

having regard to the decision taken by the Council on 6 August 1998 requesting it to draw up an opinion in accordance with the first paragraph of Article 198c of the Treaty establishing the European Community;

having regard to the decision taken by its Bureau on 15 July 1998 instructing Commission 3 on Trans-European Networks, Transport and Information Society to prepare the opinion;

having regard to the draft opinion (CdR 362/98 rev. 1), adopted by Commission 3 on 22 January 1999 (rapporteurs: Mr Niederbremer and Mr Ervelä);

considering the Council Resolution on a "common policy on safe seas" of 8 June 1993(2), which took the view that improvements in the availability and use of port reception facilities within the Community were among the Community's priority tasks;

considering Council Directive 95/21/EC on the enforcement - in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States - of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control)(3), which took the line that such ships should not be allowed to put to sea if they pose an "unreasonable threat of harm to the marine environment";

considering the International Convention of 1973 on the prevention of marine pollution from ships, as modified by the 1978 Protocol (MARPOL 73/78), which laid down, inter alia, standards and conditions for the discharge of waste and residues at sea, as well as requiring the parties to the Convention to ensure the provision of port facilities;

mindful of the Convention on the protection of the Baltic marine environment (Helsinki Conventions 1974/1992), which will impose stringent discharge requirements on all ships using Baltic ports when it comes into force on 1 January 2000;

taking into account Helsinki Commission Recommendation No 17/11 (HELCOM, Commission on the protection of the Baltic's marine environment) of 13 March 1996, introducing a uniform system of fees for the handling and disposal of ship-generated waste;

considering the Declaration of the Fourth International Conference on the Protection of the North Sea, held in Esbjerg on 8/9 June 1995, which sought to secure appropriate improvements in the use of port reception facilities, as well as a uniform system of fees for the use of North Sea port reception facilities, so that there is no distortion of competition;

aware of the 1995 Report of the European Environment Agency entitled "Europe's Environment - The Dobris Assessment", which stated that discharges from ships were a principal source of oil pollution, particularly in sea lanes and ports,

unanimously adopted the following opinion at its 28th plenary session of 10 and 11 March 1999 (meeting of 11 March).

1. Introduction

1.1. Industrial development and the increasing globalization of world trade mean that the seas and oceans are now being used more intensively as a source of raw materials and food, a means of transport, and a place of recreation. The level of marine pollution has accordingly shown a marked increase in the last few years. Sea transport accounts for approximately one third of intra-Community trade, which makes it the second most important mode of transport in Europe after road haulage. A report carried out for the European Commission concludes that nearly 700 commercial ports in the Community receive at least 750000 visits a year by ships loading or unloading cargo. In addition, ports in the Community receive about 900000 car and passenger ferry visits annually. According to estimates, these ships together produce between five and seven million tonnes of oil residues and one million tonnes of solid waste annually and only a small proportion of this is at present discharged in the ports visited by the ships. Much of the waste and residues not discharged ashore is dumped at sea. Quantitatively speaking, marine pollution from ships is thus more important than pollution caused by oil spills.

1.2. International conventions have been concluded in the interests of reducing persistent marine pollution. Ships' captains and crews nevertheless pay too little attention to existing rules and regulations and some ports do not even have proper reception facilities.

1.3. The Committee of the Regions therefore considers that there is a considerable gap between international Conventions and their actual implementation.

1.4. The Commission proposal aims to reduce the dumping of ship-generated waste and cargo residues at sea, thereby protecting the marine environment.

2. Gist of the Directive

2.1. The harmonized implementation of internationally agreed rules - complemented in some areas by specific Community requirements - is a basic pillar of Community maritime safety policy. Community efforts are therefore geared to effective implementation of the MARPOL agreement and achievement of its objectives.

2.2. The Commission's proposal for a Directive on port reception facilities for ship-generated waste and cargo residues aims to ensure that appropriate steps are taken to protect the seas by consistently applying the provisions of international law. This objective is to be achieved through the provision and use of port reception facilities.

2.3. Unlike MARPOL 73/78, the proposed Directive focuses on the operations of ships in Community ports and does not regulate discharges from ships at sea.

2.4. The laws in place have not so far been effective enough to prevent illegal discharges from ships. Thus, for example, MARPOL 73/78 does not impose a legal obligation on ships to dispose of oil waste before leaving port. Waste disposal costs in European ports have not been put on a standardized footing and this is liable to distort competition. Expecting the community at large to bear such costs is at odds with the polluter-pays principle.

2.5. By bringing out a draft Directive on European ports the Commission's intention is to remedy these shortcomings. The main points of the new draft Directive are as follows:

2.5.1. Every ship is in principle required to deliver all ship-generated waste and cargo residues in ports.

2.5.2. Every ship pays a standard fee for waste disposal, irrespective of whether the facilities have actually been used. The fee is either collected together with the harbour fees or else charged separately. There is no "special fee" system. The Directive nevertheless permits hybrid systems comprising a standard fee combined with a direct fee charged on the basis of the polluter-pays principle. The waste disposal fee may be reduced in the case of environmentally-friendly ships generating less waste.

2.5.3. Ports must provide adequate reception facilities for ship-generated waste and cargo residues.

2.5.4. The submission of "waste reception and handling plans" by ports is seen to be a key instrument in improving the provision of port facilities. Such plans would be tailored to the needs of regular users of the ports in question. The plans would be monitored and evaluated by the Member States. A re-assessment would take place at least every three years and whenever there were major changes in the level of port activities.

2.5.5. Inspection systems and arrangements for the transmission of information from one port to another are to be further developed. Ships which fail to deliver waste in one port are to be the subject of a more detailed inspection at the next port of call.

3. Conclusions

3.1. The Committee of the Regions comes to the conclusion that,

despite the existence of many international Conventions, there is still a great deal to be done to implement their provisions and so protect the seas; this has not so far been the case.

3.2. The Committee of the Regions is therefore pleased:

3.2.1. that, under the new proposed Directive, ports will be obliged to provide adequate reception facilities for ship-generated waste and cargo residues, whilst ships will be required to use these facilities. This is expected to lead to a substantial reduction in marine pollution.

3.2.2. that ports will be required to draw up waste reception and handling plans.

3.2.3. that a Community-level regime will be introduced which will place more specific demands on ports and port States in respect of the provision of adequate reception facilities linked to a waste delivery requirement and an efficient monitoring system.

3.3. The Committee of the Regions supports the port-oriented approach of the Commission with its pragmatic, political and legal arguments since the dumping of ship-generated waste, and of operating and cargo residues, at sea is closely linked to the availability and accessibility of reception facilities in ports. A substantial improvement in this state of affairs would facilitate the effective reduction of waste discharges at sea. The Commission's approach is thus complementary to that of MARPOL.

3.4. The Committee of the Regions urges

3.4.1. that, in respect of fees for delivering ship-generated waste, standard cost-recovery systems become the rule and combined systems involving the simultaneous collection of additional fees remain the exception;

3.4.2. that varying fee-collecting systems in Member States and Community ports must not be allowed to have an adverse effect on competition which means that the key features of each port must be respected, such as their size, geographical and strategic location, as well as the volume of cargo loaded or unloaded;

3.4.3. that the Directive allow scope for inter-port cooperation in order to protect the competitiveness of smaller or specialized ports, in particular providing the possibility of drawing up a single plan for groups of ports that are geographically close to each other;

3.4.4. that waste reception and handling plans not be re-assessed at rigorously fixed intervals, but flexibly and whenever new circumstances prevail;

3.4.5. that duly proven waste delivery agreements with third countries be accepted by the Member States, provided that such arrangements are satisfactory and reliable. Steps must be taken to ensure that the quality of such arrangements - taking proper account of ecological bans and waste management planning - is proved to be satisfactory. Proof would be in the form of a Community certificate attesting the satisfactory nature of the waste delivery agreement concluded with the third country;

3.4.6. that the Commission continually update Member States on changes in Community quality-guarantee certificates and on duly proven delivery agreements concluded with third countries;

3.4.7. that the existing IMO notification procedure be used for informing the Commission in order to minimize bureaucracy;

3.4.8. that the proposed Directive be based on the rules of the Helsinki Convention and contain a specific reference to this Convention;

3.4.9. that as many states as possible from outside the Community be allowed to take part in the new scheme since marine pollution has cross-border implications.

Brussels, 11 March 1999.

The President

of the Committee of the Regions

Manfred DAMMEYER

(1) OJ C 271, 31.8.1998, p. 79.

(2) OJ C 271, 7.10.1993, p. 1.

(3) OJ L 157, 7.7.1995, p. 1.