Scope:

Evaluation of Directive 2000/59/EC on port reception facilities (PRF) for ship-generated waste and cargo residues

Evaluation findings:

The evaluation found that the approach of the PRF Directive remains relevant in terms of objectives and has been partially effective, efficient and coherent. Although it has demonstrated clear EU added value, it has not reached its full potential in this respect. In line with the main evaluation findings, the following issues were identified:

• Incomplete tracking of waste delivered and different systems for tracking complicates monitoring progress to the objectives of the PRF Directive.
• Inadequacies in port reception facilities due to insufficient consultation of port users.
• Inefficiencies at the interface between handling waste on ships and in ports.
• Intransparency in waste fees charged to port users mainly due to a large variety of cost recovery systems.
• Administrative burden due to inconsistent notification forms, differences in scope and definitions between the international (MARPOL) and the EU legal framework, and differences in exemption procedures. Insufficient enforcement of the mandatory delivery of ship generated waste to PRF. Inconsistencies between the PRF and Port State Control frameworks for inspection have resulted in uncertainty as regards the legal conditions and scope of PRF inspections.

Estimated savings and benefits

The difference between benefits and costs is estimated at EUR 7.1 million annually, based on the avoidance of garbage discharges at sea (excluding oily waste and sewage discharges). It should however be noted that these are very general estimates, and there are significant data limitations when it comes to estimating exact quantities of waste discharged at sea.

Which objective(s) did the Commission pursue?

With its proposal, the Commission aimed:
• To ensure the availability of adequate waste reception facilities in ports;
• To provide effective (cost) incentives to deliver waste at port reception facilities;
• To ensure effective and efficient enforcement of the mandatory waste delivery requirement;
• To harmonise and update definitions and forms in line with the forms developed by the International Maritime Organisation (IMO);
• To clarify the rules for exemptions for ships in scheduled traffic.

The ultimate objective of the proposal was to reduce discharges of waste from ships at sea, thereby enhancing protection of the marine environment.

The initiative was also expected to reduce administrative burden associated with the functioning of the Directive and simplify the administrative framework and procedures by seeking more alignment with the MARPOL Convention (on which the Directive is based).

Estimated savings and benefits

By better aligning the definitions with MARPOL, the standard forms developed by the IMO for waste notification and waste receipt can be fully incorporated into the Directive. By doing so, parallel forms and systems can be avoided as much as possible. In addition, it is proposed to include the PRF inspections in the Port State Control regime and employ the information and monitoring system, which was developed on basis of the current Directive (Article 12(3)) and which is based on electronic reporting in SafeSeaNet and THETIS, to facilitate monitoring and enforcement. These measures are expected to generate a EUR 7.1 million reduction in administrative costs as they should result in more effective inspections.

The proposed revisions are also expected to increase business opportunities for waste operators in ports, as well as operators in the recreational and tourism sector, most of which qualify as SMEs, as more waste should be landed in ports, resulting in a cleaner marine environment, with positive effects for local and regional tourism.

The proposal for a new Directive leaves a considerable margin of discretion to Member States to: (i) organise the reception facilities in their ports, as reflected in the waste reception and handling plans; and (ii) design the appropriate fee systems, taking into account the size and geographic location of the ports, as well as the type of traffic to those ports.

The proposed revision envisaged the further development and operation of the information, monitoring and enforcement system that was already set up under the present Directive to facilitate monitoring and enforcement of the Directive. The system would be based on the Union Maritime Information and Exchange System provided for under Directive 2002/59/EC and the Inspection Database set up under Directive 2009/16/EC. Data would be reported electronically using the ‘national single window’ system, in line with Directive 2010/65/EU, and exchanged between Member States for monitoring and enforcement purposes. The proposal would also further standardise electronic reporting formats for waste receipt, waste notification and the exemptions for ships in scheduled traffic.

Outcome of Legislative Procedure

Political agreement on the text of the new Directive was reached between the co-legislators in December 2018. Compromises were found on a number of key elements, in particular: a) the relationship between the Directive mandatory delivery obligation and the MARPOL discharge norms, b) the application of the cost recovery system, including mandatory application fee reductions for ships that produce reduced quantities of waste and manage their waste in a sustainable and environmentally sound manner and short-sea shipping, the coverage of the costs of passively fished waste and 2-yearly reporting, c) inspection regime, i.e. a dedicated PRF inspection regime instead of incorporation in Port State Control, and the development of a union risk-based targeting mechanism to allow for a risk-based approach of inspections, d) reporting procedures for alleged inadequacies of PRF, and e) exemptions for small unmanned ports and non-commercial ports for recreational craft from having to issue a waste receipt or having to develop a waste reception and handling plan. In addition, the Commission supported a revision clause with respect to the Directive on ship-source pollution (2005/35/EC) and presented a statement regarding its possible future revision.

Estimated savings and benefits

The Directive as finally adopted by the co-legislators stayed very close to the original Commission proposal, therefore estimated savings and benefits should largely be the same. No additional estimations were made.

Implementation reported by Member States:

Member States communicated to the Commission the text of national law which they adopted in the field of the Directive.

Implementation by Commission

The Directive’s implementation prevents marine pollution from ships by ensuring that waste generated on ships, and passively fished waste, is not thrown into the sea but returned to land and adequately managed. As part of this Directive, the Commission adopted four implementing regulations, prepared in cooperation with Member State experts, and in consultation with stakeholders:

Storage capacity for waste in a ship - Commission Implementing Regulation (EU) 2022/89 of 21 January 2022

When calling at an EU port, ships must deliver all waste to the port facilities. An exemption to this rule is applied for ships with sufficient capacity to store the waste accumulated during their intended voyage until they reach the next port of call. This Implementing Regulation defines how to determine whether a ship has sufficient storage capacity for this exemption to apply. This allows for more simple compliance checks of ship operators by Member State authorities.

Ships that produce reduced quantities of waste and manage it sustainably - Commission Implementing Regulation (EU) 2022/91

Reducing the amount of waste produced on board a ship is as important as the obligation to deliver it to a port. In order to incentivise this, the Directive requires that port fees are lower for ships that produce reduced quantities of waste, and manage it in a sustainable and environmentally sound manner. This Implementing Regulation defines the criteria for determining when a ship is entitled to a reduced fee for producing less waste and managing it well. This allows for a streamlined approach at EU ports towards those ships that are sustainably managed.

Reporting of waste caught in fishing nets - Commission Implementing Regulation (EU) 2022/92

Ports must collect passively fished waste, i.e. waste caught in fishing nets during normal fishing vessel operations. So that such waste can be counted, the Directive requires Member States to report on the amount and characteristics of passively fished waste delivered to their ports. This Implementing Regulation defines how to collect and report these data. This allows for streamlined reporting by Member States on a topic of importance i.e., how much marine litter is there in the seas.

Selecting which ships to inspect - Commission Implementing Regulation (EU) 2022/90

Member States are required to inspect 15% of ships calling in their ports to verify compliance with waste rules. When doing so, Member States must target those ships for which the risk of non-compliance is highest. This Implementing Regulation defines a mechanism for the selection of ships for inspection, based on common criteria, so that the selection is made in the same way across the EU. This allows for more simple compliance checks of ship operators by Member State authorities.