1、PORT WASTE RECEPTION lFAcllLITlES International Maritime Organization Guidelines for Ensuring the Adequacy of PQRT WASTE RECEPTION FACILITIES IMO London, 2000 Published in 2000 by the INTERNATIONAL MARITIME ORGANIZATION 4 Albert Embankment, London SE1 7SR Printed in the United Kingdom by Ashford Ope
2、n Learning 2 4 6 8 10 9 7 5 3 1 ISBN 92-801-5101-0 I IMOPUBLICATION I 1 Sales number IMO-598E I Copyright 0 IMO 2000 All rights reserved. in any form or by any means, electronic, electrostatic, magnetic tape, mechanical, photocopying or otherwise, without prior permission in writingfrom the Internat
3、ional Maritime Organization. No part o this publication mu for sales purposes, be produce d , stored in a retrieva? 2. URGES Governments to meet their obligations to ensure the pro er provision of adequate facilities and arrange for effective receipt of s K ips wastes in their ports; 3. FURTHER URGE
4、S Governments to take necessary steps to ensure that the planning and establishment of new facilities are achieved in accordance with these Guidelines: 4. FURTHER ENCOURAGES Governments to make use of the assessment form appended to the Guidelines to conduct regular assessments of their waste recept
5、ion facilities in their ports and advise IMO of the outcome of such assessments, including any inadequacies of port reception facilities, as well as any technical co-operation assistance needed to address those inadequacies. 2 1 INTRODUCTION 1.1 States Parties have obligations under UNCLO9 and MARPO
6、L 73/782 to tackle the problems associated with the illegal discharge of shipigenerated wastes from all types and sizes of ships, including sailing boats. Marine pollution is indiscriminate. By its nature it is transboundary. Its effects have repercussions on a global scale. The illegal discharge of
7、 oil has a detrimental effect on the marine and coastal environment. Oil may wash ashore as tar balls far away from its point of discharge. Persistent pollution such as plastic is capable of remaining in the marine environment for hundreds of years. 1.2 These Guidelines, prepared by the Marine Envir
8、onment Protection Committee (MEPC) of the International Maritime Organization (IMO), contain information for the provision and improvement of port waste reception facilities and are designed to complement IMOs Comprehensive Manual on Port Reception Facilities? The Guidelines provide, in summary, inf
9、ormation relating to the ongoing management of existing facilities, as well as for the planning and establishment of new facilities. The Guidelines are also intended to encourage States to provide adequate port waste reception facilities and ships to make more effective use of these facilities. This
10、 will make a substantial contribution to the ultimate aim of MARPOL 73/78 to achieve the complete elimination of intentional pollution of the marine environment. 1.3 The main objective of the Guidelines is to remind States that wastes arise from all maritime activities - commercial, fishing and recr
11、eational - and that each activity requires specific attention. In particular, the Guidelines are intended to: .1 assist States in planning and providing adequate port waste reception facilities; and .2 encourage States to develop environmentally appropriate methods of disposing of ships wastes ashor
12、e. 1.4 These Guidelines are designed to address Member Governments, port States and port authorities for their activities aimed at provision of adequate port waste reception facilities required under the provisions of MARPOL 73 / 78. United Nations Convention on the Law of the Sea, 1982. Internation
13、al Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto. IMO publication IMO-597E. * 3 2 OBLIGATIONS AND PRINCIPLES 2.1 UNCLOS provides that: .1 States have a general obligation to protect and preserve the marine environment (Article 192);
14、 .2 States have a duty to take measures, using the best practicable means at their disposal and in accordance with their capabilities, to minimize to the fullest possible extent pollution from ships, . in particular measures for preventing intentional and unintentional discharges (Article 194); and
15、flag States have a duty to adopt laws and regulations which have at least the same effect as that of generally accepted international rules and standards established through IMO (Article 211(2). .3 2.2 UNCLOS and MARPOL establish a framework of rights and duties. Coastal States have the right to pro
16、hibit polluting discharges from foreign and domestic shipping in their coastal zones. If they exercise this right, they have a duty to ensure the provision of adequate reception facilities for ships wastes in their ports. This duty is explicit in MARPOL. It is implicit in UNCLOS that each right also
17、 entails a duty. 2.3 States Parties to MARPOL 73/78 have specifically undertaken to ensure the provision of adequate waste reception facilities in their ports. Most States have delegated this duty to their ports industry or to other public or private bodies, but States retain the ultimate responsibi
18、lity for ensuring that their undertaking is fulfilled. 2.4 The global provision of adequate port waste reception facilities will help pave the way to the elimination of intentional pollution of the marine environment from maritime activities as envisaged in the preamble to MARPOL 73/78. To succeed i
19、n this objective mariners must be provided with the means to dispose of ships wastes ashore. The conditions of use of such facilities must not deter mariners from using them, either for practical or economic reasons. 2.5 States Parties failing to provide adequate reception facilities will be in brea
20、ch of their MARPOL 73/78 obligations, and make it harder to enforce measures to combat illegal discharges at sea from shipping. 2.6 These Guidelines concentrate on the need for adequate port reception facilities, rather than on the enforcement of international obligations. There is international rec
21、ognition of the need for the proper management to achieve and maintain high standards of 4 environmental protection by all those involved in the operation of ships. To address this need, IMO has adopted the International Safety Management (ISM) Code4 to develop a safety and environmental culture bot
22、h ashore and on board ship. It places a responsibility on the flag State to confirm, by means of auditing, that both the shore-side management systems and operational standards on board ships comply with, the ISM Code. 2.7 In addition to the requirements under UNCLOS, MARPOL 73 / 78 and SOLAS: the I
23、SM Code provides a link between the need for compliance with international treaty obligations and the associated responsibilities of the maritime industry. This dual approach - by Administrations and industry - to the provision of adequate facilities should complement other measures taken by the IMO
24、 to protect the marine environment. 3 HOW TO ACHIEVE ADEQUACY 3.1 IMO has agreed that: “To achieve adequacy the port should have regard to the operational needs of users and provide reception facilities for the types and quantities of wastesfiom ships normally using the port. ”6 Notwithstanding 3.1
25、above, adequate facilities can be defined 3.2 as those which: .1 mariners use; .2 .3 fully meet the needs of the ships regularly using them; do not provide mariners with a disincentive to use them; and .4 contribute to the improvement of the marine environment. 3.3 The facilities provided by the por
26、t must: .1 .2 meet the needs of the ships normally using the port; and allow for the ultimate disposal of ships wastes to take place in an environmentally appropriate way. IMO adopted the ISM Code in November 1993 through resolution A.741(18). As from 1 July 1998 compliance with the requirements of
27、the ISM Code is mandatory under the provisions of chapter IX of SOLAS. International Convention for the Safety of Life at Sea, 1974 (as amended). This was agreed upon at MEPC 43. 5 4 OPERATIONAL NEEDS 4.1 In relation to operational needs, the key concern of the master, shipowner and ships agent is l
28、ikely to be to avoid the ship incurring undue delay. The Comprehensive Manual on Port Reception Facilities provides a definition: “The time of transfer (of waste) should be mutually agreed upon and transfer of waste should take place during the cargo-handling working hours of the port unless the shi
29、ps normal call at the port is not at a time within this period. ” 4.2 It is unlikely that a ship would enter port solely to discharge wastes. Nevertheless, ports should make every effort to meet the needs of ships and not create obstacles to ships using reception facilities. 4.3 For logistical reaso
30、ns, the providers of waste reception facilities may require advance notification of the intention to use facilities, particularly if independent waste contractors provide some or all of the orts waste collection services. Providing advance a reception facility should minimise the risk of undue delay
31、 to the s ip. Once alerted to the volumes and types of wastes expected, the waste facility provider will be better able to meet the needs of the ship at a mutually acceptable time. 4.4 Some States have, either on a national or regional basis, developed legislation regulating the provision of port wa
32、ste reception facilities. One legislative aim is to ensure that ports receive advance notification of ships waste discharge intentions. 4.5 A requirement for ships to give advance notification of their intentions as regards waste discharge in ports - or similar procedure - should ensure that ports c
33、an prepare for reception of waste in an adequate manner. They may also use this information to monitor the provision and adequacy of their facilities, which will greatly assist the port waste management planning and review process. The principle of advance notification is complementary to, and consi
34、stent with, best practice of port waste management planning. States may wish to consider the positive merits of introducing into their domestic regimes an obligation for ships to submit a waste discharge form prior to entry into port. 4.6 In any case, to maintain and improve the adequacy of its faci
35、lities the port administration, working with port waste facility providers, should ensure that an effective advance notification and monitoring arrangement is in place. Such arrangements need to be communicated clearly and concisely to all ships (and their agents) prior to port entry. For the arrang
36、ements to be effective, ships masters should provide the port with their waste discharge requirements at least 24 hours in advance of arrival, or for passages of shorter duration, as soon as is practicable. notification oft R e type and quantity of wastes on board for delive 6 5 PLANNING A PORT WAST
37、E RECEPTION FACILITY 5.1 MARPOL 73/78 provides that States Parties have an ongoing obligation to ensure the provision of adequate waste reception facilities in their ports. States intending to become Parties to this Convention will also be bound by the same obligations in accordance with the require
38、ments of .1 regulation 12 of Annex I; .2 regulation 7 of Annex 11; .3 regulation 7 of Annex V; .4 regulation 10 of Annex IV (when it enters into force); and .5 regulation 17 of Annex VI (when it enters into force). The mere provision of facilities, which are then not fully 5.2 utilised, does not nec
39、essarily mean they are adequate. Poor location, complicated procedures, restricted availability and unreasonabl high costs for the service provided, are all factors which may deter t K e use of reception facilities. 5.3 The obligation to provide adequate facilities covers all ports, terminals, harbo
40、urs and marinas visited by commercial shipping and other types of vessel. The effort made by the port to ensure the provision of adequate facilities should be commensurate with the quantities and variety of wastes to be delivered ashore. 5.4 Ports cannot provide adequate facilities for users without
41、 an accurate assessment of their needs. The Comprehensive Manual on Port Reception Facilities provides extensive guidance on this issue. The development of a port waste assessment procedure, or management plan is vital. This need not be an onerous task and the concept behind such a plan is simple. S
42、hips are customers of the port, and meeting the needs of the ships while they are in port is simple customer care. 5.5 Port waste management planning is intended to identi a number of common elements which all ports should consider w 2 en planning waste management facilities; regardless of the size
43、and type of the port or the types of wastes received. These common elements are embodied in a framework which can be applied flexibly to any port. 5.6 States Parties will need to consider how they can best promote the port waste management concept. The options are: .1 as a statutory obligation in th
44、eir ports, harbours and marinas; or .2 through voluntary industry initiatives. 7 5.7 The most effective method for ports to provide adequate facilities is through the consultative process. All interested parties, including port authorities, ship operators, agents and waste service providers and vari
45、ous Government agencies (including those with responsibility to ensure the safe and environmental disposal of wastes) have a role in the consultative process. They should all have the opportunity to express their opinion and influence the provision and use of port waste reception facilities. 5.8 Fol
46、lowing the initial period of consultation it is important that a process of consultation continues with users. This will ensure that the provision of adequate facilities within the port is consistent and continues to meet users needs, which may vary as the type and volume of traffic change. 5.9 Duri
47、ng the process of consultation, the port should give consideration to some common elements. In summary, these might include ensuring that facilities: .1 are available during a ships visit to the port; .2 do not cause undue delay to ships; I .3 are conveniently located and easy to use; .4 cater for a
48、ll types of waste streams usually entering the port; and .5 do not cost so much to use as to present a disincentive to users. 5.10 Ports should also carry out a eriodic review of the facilities to maritime and environmental agencies should contribute to this review process, as appropriate. Reference
49、 is made to the Sample Assessment Procedure for Ports in the appendix to these Guidelines. It should be emphasized that this merely serves as an example and the procedure should be amended to suit local circumstances and requirements. Periodic assessment with the aim of identifying areas for improvement is also in the commercial interest of the port. Rectifying deficiencies will enhance the uality of services provided and thus the commercial ensure that they continue to meet t K e needs of users. Government, attractiveness of 9, e port. 5.11 Ports should consult their app
