Marine Pollution

Marine pollution from ships and gas and oil installations

In July 2014, the EU adopted a law which guarantees funding for the work of the European Maritime Safety Agency (EMSA) to fight pollution at sea for the 2014-20 period.

Regulation (EU) No 911/2014 of the European Parliament and of the Council of 23 July 2014 on multiannual funding for the action of the European Maritime Safety Agency in the field of response to marine pollution caused by ships and oil and gas installations.

In July 2014, the EU adopted a law which guarantees funding for the work of the European Maritime Safety Agency (EMSA) to fight pollution at sea for the 2014-20 period.

EMSA was originally set up to ensure high levels of safety at sea and to prevent and deal with pollution from ships, such as leaks of oil and dangerous substances. In 2013, EMSA’s remit was extended to cover pollution from oil and gas installations.

It provides funding to enable EMSA to fulfil its tasks of responding to marine pollution. It explicitly states that EMSA’s existence should not relieve countries from their responsibility of having the necessary mechanisms in place

KEY POINTS

The funding allows EMSA to invest in:

—specialised ships and equipment which would be on stand-by to assist when called upon;
—satellite images and equipment to detect pollution and to help plan how to address it.

EMSA’s main tasks are to:

—work closely with and provide the European Commission and EU countries with technical and scientific assistance to fight pollution;
—analyse and disseminate best practices and expertise;
—coordinate its activities with existing regional cooperation agreements;
—maintain the European satellite oil monitoring service (Cleanseanet), which helps to detect pollution early and to identify the ships and installations responsible.

The countries affected request EMSA’s assistance via the EU’s Civil Protection Mechanism.

EMSA will also encourage non-EU countries that share a regional sea basin with the EU to pool information about their ships and equipment and provide details of their response mechanisms and capabilities.

€160.5 million. EMSA pays for the contracts for the stand-by vessels and equipment, however, the countries affected pay for the costs of clean-up operations in their waters.

REFERENCES

Regulation (EU) No 911/2014

Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, pp. 1-9).

Regulation (EC) No 724/2004 of the European Parliament and of the Council of 31 March 2004 amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency (OJ L 129, 29.4.2004, pp. 1-5).

Regulation (EU) No 100/2013 of the European Parliament and of the Council of 15 January 2013 amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency (OJ L 39, 9.2.2013, pp. 30-40).

Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, pp. 924-947).

Protecting the sea and the food chain from the effects of organotin compounds

A ban on the use of certain chemical compounds on ships and nets can help protect the marine environment and human health.

Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships

This regulation incorporates the rules of the International Maritime Organisation’s (IMO) Anti-Fouling Systems (AFS) Convention* into European Union (EU) law. It aims to prohibit organotin compounds on all ships entering EU ports in order to reduce or eliminate the adverse effects of these products.

KEY POINTS

What are organotin compounds?

Organotin compounds are chemicals from anti-fouling paints used on boat hulls and nets. These surface coatings act as biocides, designed to prevent the attachment of algae, molluscs and other organisms which slow down vessel speeds.

What are their effects?

They are highly toxic for sea life (larvae, mussels, oysters and fish) and, for this reason, have been banned in many EU countries.

The regulation applies to:

ships flying the flag of an EU country;
ships not flying the flag of an EU country but operating under the authority of an EU country;
ships entering a port in an EU country but not covered by the two previous points.
It does not apply to any warship, naval auxiliary or other ships owned by a State, whether part of the EU or not, and used on government service.

It imposes the following restrictions:

from 1 July 2003, organotin compounds which act as biocides in AFS may no longer be applied on ships flying the flag of an EU country;
from 1 January 2008, ships entering port in an EU country must either bear no coating of organotin compounds acting as biocides or must bear a second layer to prevent organotin compounds escaping from the non-compliant anti-fouling under layer.

Survey and certification

The regulation introduces a survey and certification system for ships flying the flag of an EU country. It requires:

ships of 400 gross tonnage and above to be surveyed and certified, irrespective of the voyage;
ships of 24 metres or more in length, but less than 400 gross tonnage, to simply carry a declaration of compliance with the regulation or with the AFS Convention.
no survey or certification is envisaged for ships of less than 24 metres in length, i.e. mainly pleasure and fishing boats.
Commission Regulation (EC) No 536/2008, which amends the original regulation, sets out how ships flying the flag of a non EU country must comply with the restrictions. It requires:

ships flying the flag of a State which is party to the AFS Convention to show their compliance through an international AFS certificate;
ships flying the flag of a State which is not a party to the AFS Convention to hold a statement of compliance issued by the flag State in accordance with the AFS Convention and the Marine Environment Protection Committee (MEPC) of the IMO.

REFERENCES

Regulation (EC) No 782/2003

Regulation (EC) No 536/2008

Regulation (EC) No 219/2009

Port facilities for waste from ships, including cargo residues

Directive (EU) 2019/883 — port reception facilities for the delivery of waste from ships

It aims to protect the marine environment from the negative effects of waste from ships using EU ports, by improving port reception facilities for waste from ships.

Fees

Under the new rules, ships will pay an indirect fee to cover the cost of the scheme, giving them the right to deliver their waste to a port, whether or not they deliver any waste. This fee will also apply to fishing vessels and recreational craft, aiming to help prevent discarded fishing nets and waste accidentally caught in fishing nets going directly into the sea.
In certain cases, if a ship delivers an exceptional amount of waste, an additional direct fee may be charged to ensure that the costs related to receiving such waste do not create a disproportionate burden on a port’s cost-recovery system.
Fees may be differentiated depending on, for example, the category, type and size of the ship and the type of traffic the ship is engaged in. A reduced fee applies to ‘green ships’, meaning vessels that can demonstrate reduced quantities of waste and sustainable on-board waste management.

Port facilities

EU countries ensure that port facilities:

can receive the types and quantities of waste from ships normally using that port;
avoid delays;
don’t charge excessive fees which may discourage ships from using them;
manage ships’ waste in an environmentally appropriate way in accordance with Directive 2008/98/EC (EU waste management law) and other EU legislation on waste.

Exemptions and exceptions

The directive does not apply to naval vessels.

The directive contains rules on delivering waste, including advance notice of deliveries, with special arrangements applying to ships running to a schedule and making frequent and regular port calls.

Inspection and penalties

Ships may be inspected to verify compliance with the requirements of the directive. EU countries must ensure that the directive is implemented and apply effective, proportionate and dissuasive penalties.

Legislative alignment

The directive aligns EU legislation with the amended International Convention for the Prevention of Pollution from Ships (MARPOL) which focuses on operations at sea, to which the EU is a party.

The directive repeals Directive 2000/59/EC and amends Directives 2009/16/EC on port State control and 2010/65/EU on reporting formalities for ships.

The directive is part of the Circular Economy policy and the plastics strategy of the European Commission.

It has applied since 27 June 2019 and has to become law in the EU countries by 28 June 2021.

DOCUMENTS

Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, pp. 116-142)

Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC (OJ L 283, 29.10.2010, pp. 1-10)

Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ L 131, 28.5.2009, pp. 57-100)

Successive amendments to Directive 2009/16/EC have been incorporated into the original document. This consolidated version is of documentary value only.

Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, pp. 3-30)

Safety of offshore oil and gas operations

Offshore oil and gas accidents are a constant possibility. The regulation establishes minimum safety requirements to prevent them and to limit their consequences for the marine environment and coastal economies if they do occur.

Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC.

As the Deepwater Horizon disaster in the United States in 2010 or the Usumacinta incident in Mexico 3 years earlier demonstrated, offshore oil and gas accidents can have disastrous environmental and financial consequences as well as leading to loss of life.

The European Union directive on the safety of offshore operations, adopted in June 2013, requires operators to take all necessary measures to prevent any major accidents and to have available sufficient physical, human and financial resources to limit the consequences when they do occur. It applies to all existing and future installations.

Licensing and regulation

To carry out offshore oil and gas activities, operators must receive a licence from an independent authority. To prevent any conflict of interest, Member States must ensure a clear separation between this regulation of offshore safety and environmental factors and other functions that relate to economic development, licensing and revenue management.

Before beginning any activities, the operator or owner of an installation must provide the relevant authority with:

a copy of the corporate major accident prevention policy;
the company’s safety and environmental management system; and
a report on major hazards.

Emergency response plans

Operators must also prepare internal emergency response plans to respond to any major hazard. This must include an analysis of how to handle oil spills. In addition, national authorities must develop emergency response plans covering all offshore oil and gas installations and infrastructure, including potentially affected areas within their jurisdiction.

Public information

The directive stipulates that an exploration well cannot be drilled before the public has had an opportunity to be fully informed and make its views known on the possible effects of any planned offshore operations.

The European Maritime Security Agency can help EU countries in drawing up their emergency response plans and in detecting and monitoring oil and gas spills. Given the potential transboundary impact of an accident, national authorities must regularly exchange knowledge, information and experience with their counterparts elsewhere in the EU and consult the industry, other stakeholders and the European Commission.

REFERENCES

Directive 2013/30/EU

Strategy for the marine environment

Directive 2008/56/EC – EU action in the field of marine environmental policy (Marine Strategy Framework Directive)

It establishes a common approach and objectives for the prevention, protection and conservation of the marine environment against damaging human activities.
It requires European Union (EU) countries to develop strategies to achieve ‘good environmental status’* by 2020. The strategies, which span over 6-year cycles, need to include measures that protect the marine ecosystem and that ensure economic activities linked to the marine environment are sustainable.

It emphasises the need for EU countries to cooperate with their neighbours in the marine regions (North-East Atlantic, Baltic, Mediterranean and Black Sea), namely when devising and implementing their marine strategies. The use of existing regional governance structures, such as Regional Sea Conventions, is therefore an important element to be considered by EU countries.

It recognises the importance of spatial protection measures for the marine environment, thereby contributing to the creation of a global network of marine protected.

KEY POINTS

EU countries, as part of their marine strategies, must assess the environmental status of their marine waters and the impact of human activities (including a socioeconomic analysis). They must establish what is ‘good environmental status’ for their marine waters and set environmental targets. They must then develop monitoring programmes and prepare programmes of measures.
EU countries’ evaluations of their waters help improve the knowledge of Europe’s marine waters. This is also supported by programmes such as Marine knowledge or Copernicus.

Europe’s seas are divided into four marine regions: the Baltic Sea, the North-East Atlantic, the Mediterranean and the Black Sea. Countries working in the same marine regions are required to coordinate their actions.

Monitoring programmes are drawn up to measure and evaluate progress in reaching the objectives. If certain objectives are not met, EU countries must explain why and can, if necessary, apply certain exceptions.

The directive contains a set of qualitative ‘descriptors’ for EU countries to consider when devising their strategies to achieve good environmental status of their waters. These include:
maintaining biodiversity;
engaging in sustainable fishing;
safeguarding the seabed; and
keeping marine litter and contaminants in check.

The directive builds on existing EU legislation and covers specific elements of the marine environment not addressed in other policies, such as the Water Framework Directive, the Habitats and Birds Directives.

RECENT DEVELOPMENTS

The EU’s experience in developing a sustainable approach to ocean management through the Marine Strategy Framework Directive is seen as an important contribution to the European Commission’s 2016 vision on Ocean Governance.
In 2015, the Commission reported significant progress in establishing marine protected areas in the EU’s seas, with benefits for the economy and the environment. Under the UN Convention on Biological Diversity, the EU has committed to ensure the conservation of 10% of its coastal and marine areas by 2020.

In 2014, the Commission reviewed the first steps in the implementation of the directive. Since then, EU countries have established their monitoring programmes, the Commission’s assessment of which is expected shortly. EU countries should have also submitted their programmes of measures to the Commission by March 2016.
Innovation in the blue economy is identified as a means by which cost-effective marine protection measures contributing to the implementation of the Marine Strategy Framework Directive can be developed.

The Marine Strategy Framework Directive serves as an environmental guideline for the Directive on Maritime Spatial Planning published in 2014.
The latter is a part of the integrated maritime policy (IMP), which aims for the implementation of an optimal ocean management and maritime governance.

It has applied since 15 July 2008. EU countries had to incorporate it into national law by 15 July 2010.

DOCUMENTS

Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, pp. 19–40)

EU maritime information and exchange system

This European Union (EU) law sets up a vessel traffic monitoring and information exchange system. This seeks to enhance maritime safety, port and maritime security, environmental protection and pollution preparedness. It also permits the exchange and sharing of additional information facilitating efficient maritime traffic and transport.

Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC.

It sets up a system to monitor Europe’s waters and coasts – maritime surveillance and situational awareness (ship positions) – supporting EU countries in their operational tasks.

To improve situational awareness in the maritime domain and to provide tailor-made solutions to authorities, the law was amended by Commission Directive 2014/100/EU. This allows for the information gathered and exchanged using the EU’s maritime information and exchange system (SafeSeaNet (SSN)) to be integrated with data from the EU’s other monitoring and tracking systems, such as CleanSeaNet, and from external systems (e.g. satellite automatic identification systems (AISs)).

It lays down the responsibilities of EU countries, maritime authorities, shippers, shipping operators and masters of ships.

KEY POINTS

All ships of 300 gross tonnes and upwards are covered, whether or not they carry dangerous goods, except for:

—warships;
—fishing vessels, traditional ships and recreational craft less than 45 metres in length;
—bunkers below 1 000 tonnes.

Requirements on operators of ships bound for EU ports

They must notify certain information (ship identification, total number of persons on board, port of destination, estimated time of arrival, etc.) to the maritime national single window (since 1 June 2015).

Equipment and installations

Ships calling at a port of an EU country must be fitted with:

—an automatic identification system; and
—a voyage data recorder (VDR) system (‘black box’) to facilitate investigations following accidents;

EU and European Economic Area (EEA) countries must have AIS receivers and must link the national single windows/national SSN with the central SSN system.
Dangerous or polluting goods onboard ships

—prior to taking such goods on board, shippers must declare these to the operator;
—the operator, agent or master of a ship must also notify general information, such as the ship identification and the information provided by the shipper, to the competent authority.

Monitoring of hazardous ships and intervention in the event of incidents and accidents

Authorities must inform the EU countries concerned if they are notified of ships that have:

—previously been involved in incidents or accidents at sea;
—failed to comply with notification and reporting requirements;
—deliberately discharged pollutants; or
—been refused access to ports.

The master of a ship must immediately report:

—any incident or accident affecting the safety of the ship;
—any incident or accident compromising shipping safety;
—any situation liable to lead to pollution of the waters or shore of an EU country;
—any slick of polluting materials and containers or packages seen drifting at sea.

Places of refuge

All EU/EEA countries have to draw up plans to accommodate ships in need of assistance in places of refuge. They must also meet regularly to exchange experience and take joint improvement measures.

Compliance

EU countries must check the operation of their information systems and introduce a system of financial penalties to act as a deterrent against failure to comply with the directive’s requirements.

Management

The system is developed and managed by the European Commission and the EU/EEA countries. The European Maritime Safety Agency is responsible for its technical operation.

BACKGROUND

This directive is an integral part of the EU’s maritime safety policy. Besides their role in maintaining safety, security and sustainability, the system and platform are central to creating a single European maritime area without barriers – the European Maritime Transport Space.

REFERENCES

Directive 2002/59/EC