Environmental Legislation Website This Page Last Updated 5 April, 2011

Waste - Ship Generated Waste - Port Reception

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Legislation Back to Top
Key Legislation

These regulations replace the Merchant Shipping (Port Waste Reception facilities) Regulations 1997 and serve to transpose EU Directive 2000/59/EC on Port Reception Facilities for Ship-Generated Waste and Cargo Residues.

These Regulations amend the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 to include the requirement of the master of a ship to notify the harbour authority where he intends to deliver sewage, which has been generated on board the ship, to waste reception facilities in port (see Sewage). Consequently, the duty in regulation 4 of the 2003 Regulations to ensure the provision of adequate waste reception facilities will now cover ship-generated sewage as well as other prescribed waste. Similarly, the requirement in regulation 6 of the 2003 Regulations to prepare and submit a waste management plan for approval will also now cover reception facilities for sewage.
Supporting Legislation
  • International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78) Annex V

Annex V: Prevention of pollution by garbage from ships (entered into force December 1998). Deals with the different types of garbage and specifies the distances from land and the manner in which they may be disposed of. The Annex also designates Special Areas (including the North Sea) where the disposal of any garbage is prohibited except food wastes. The dumping of plastics at sea is also prohibited by this Annex.

These regulations implement Annex V of MARPOL 73/78. Under SI 1998/1377 the disposal of garbage overboard is prohibited with the exception of ground food waste. The Regulations apply different conditions for the disposal of waste within and outwith Special Areas as designated under Annex V.

These Regulations define International Catering Waste as any food or galley waste from vessels that have landed in countries outside the EU. International catering waste must be handled as a Category 1 Animal By-Product.

  1. The Waste Batteries and Accumulators Regulations 2009

The EU's Directive on Batteries and Accumulators and Waste Batteries and Accumulators (2006/66/EC) aims to reduce the environmental impact of portable, automotive and industrial batteries by increasing recycling and 'greening' the supply chain that produces and distributes them. It applies to all types of batteries regardless of shape, volume, weight, material composition or use.

The Waste Batteries and Accumulators Regulations 2009 came into force on 5th May 2009 which establish the legislative framework for the collection, treatment and recycling of waste batteries and accumulators in the UK.

A key element requires persons placing batteries on the market to register as a producer of batteries, and report on waste batteries collected and sent for recycling.

These regulations establish the scope of 'producer responsibility', requiring producers of batteries and accumulators to take responsibility for separately collecting and recycling batteries and accumulators once they become waste.
Guidance
Consent Needed and How to Obtain It Back to Top
Vessel Requirements

No specific consent is required by vessels, however under the Port Waste Reception Facility Regulations 2003, ships are required to:

(i) provide notification before entry into a port, of the waste they will discharge, including information on the type and quantity;

(ii) deliver their waste to port reception facilities before leaving port, unless they have sufficient storage capacity; and

(iii) pay a mandatory charge to significantly contribute to the cost of port reception facilities for ship generated waste whether they use them or not. Exemption may be granted as per Marine Guidance Note 259 where ships are engaged in "Scheduled traffic with frequent and regular port calls" and give evidence "of an arrangement ensuring the delivery of waste and payment of charges in a harbour or terminal along the ships route"

Ships must also have a Garbage Management Plan see Waste - Storage and Handling Offshore

Port and Harbour Requirements

Ports, Harbours and some terminals are required:

(i) to have adequate waste reception facilities for ship landed waste including cargo residues, noxious liquid substances and ship generated waste (including sewage);

(ii) to draw up a Waste Management Plan for approval by the MCA as per Schedule 1 of the Port Waste Reception Facilities Regulations 2003.

(iii) to have a pre-notification and mandatory charging system in place.
Who to Apply to

Ports and Harbours - Port Waste Management Plans must be approved by the MCA.
When to Apply

Existing facilities must submit an updated Port Waste Management Plans within 3 years of the date on which the last Waste Management Plan (under SI 1997/3018) was submitted.

New facilities should submit a Waste Management Plan within 9 months of commencing operations.

Subsequent plans should be submitted within 9 months of any significant change or no later than three years after the most recent submission was approved.
Performance Standards Back to Top
Permit Conditions

Not applicable.
Sampling/Monitoring Requirements Back to Top
Monitoring

Ships which are subject to SI 2003/1809 are open to inspection while in UK ports.
Reporting Requirements Back to Top
What to Report

Garbage record books should be in the form specified in Merchant Shipping Notice No. 1720.
Who to report to Not applicable.
When to Report Not applicable.
Non Compliance Back to Top
Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003

The Harbour Authority must inform the MCA in the case of a ship failing to provide notification or failing to dispose of ship-generated wastes or cargo residues in waste reception facilities.

Harbour Authorities which fail to provide waste reception facilities, prepare a Waste Management Plan will be liable to a fine or conviction on indictment to a fine.

Ships masters in contravention of the regulations and ships masters are also liable to conviction.

As above ships are also liable to inspection and detention in port under these regulations.
Renewal and Variation Back to Top
Port Waste Management Plans Subsequent plans should be submitted within 9 months of any significant change or no later than three years after the most recent submission was approved.
Pending Legislation Back to Top
  None at present
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