Notice Concerning Reception Facilities For Waste From Ships, On The Ships ' Delivery Of Waste And Waste Ports Plans

Original Language Title: Bekendtgørelse om modtagefaciliteter for affald fra skibe, om skibes aflevering af affald og havnes affaldsplaner

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Overview (table of contents)



Chapter 1



General provisions and definitions





Chapter 2



Ship-generated waste





Chapter 3



Cargo residues





Chapter 4



Delivery and notification requirements for ship-generated waste and cargo residues





Chapter 5



Payment for the reception of waste





Chapter 6



Waste plans





Chapter 7



Waiver and supervision





Chapter 8



Complaint





Chapter 9



Punishment, entry into force and transitional rule





Annex 1











Annex 2











Annex 3









The full text of the notice on reception facilities for waste from ships, on delivery of the waste ships and ports affaldsplaner1)

Pursuant to article 24, paragraphs 1 to 4, article 48, paragraphs 1-2, section 55, paragraph 2, article 55 (a) and section 61 (1) of the law on the protection of the marine environment, see. lovbekendtgørelse nr. 929 of 24. September 2009, as amended by Act No. 423 of 10. May 2011, and negotiated with the Transport Minister, be laid down: Chapter 1 General provisions and definitions section 1. In all Danish ports must establish reception facilities for ship-generated waste and cargo residues originating from ships normally visiting the port, in accordance with the provisions of this Ordinance, without prejudice. However, paragraph 6.

(2). Reception facilities must, taking into account the operational needs of the users, to the port, the size, geographical location and the type of ships calling at the port, which usually have sufficient capacity to meet the need for passing, without the ships delayed unnecessarily.

(3). Ports and companies may, in accordance with the rules laid down in the law on ports jointly set up and run, like a port reception facilities in accordance with the requirements of paragraph 2 can refer to another port reception facility.

(4). All ships calling at Danish ports covered by this order, see. However, the law on the protection of the marine environment, § 2, paragraph 2.

(5). All ship-generated waste and cargo residues on board all ships calling at the port, subject to the provisions of this Ordinance.

(6). Ports exclusively visited by ships covered by article 2, paragraph 2, of the law on the protection of the marine environment, are not covered by this notice.

§ 2. The environmental protection agency may, in addition, inform the following businesses mandated to set up reception facilities for oil mixed ballast or tank washings: 1) Bunkering companies.

2) companies making shipping or receipt of oil.

3) ship repair companies.

(2). In cold cuts in accordance with paragraph 1 shall be laid down conditions for the establishment of a treatment plant for the separation of the received oil mixed ballast or tank washings in a water phase and oil phase. Conditions for the establishment of treatment facilities can, however, be omitted if it received oil mixed ballast or tank washings are transported to a treatment plant elsewhere or otherwise disposed of in accordance with the law on environmental protection.

(3). Fixed and mobile reception facilities should include connectors, which allow connection to the ships ' discharge wires, see. DMA technical requirements for ship building and equipment, etc.

(4). The environmental protection agency may also announce the following companies mandated to set up reception facilities for ballast water or tank washing fluid containing noxious liquid substances: 1) companies that shipper or receiving noxious liquid substances in bulk.

2) ship repair companies that repair chemical tankers.

§ 3. If a reception facility for waste do not have sufficient capacity, the environmental protection agency after negotiation with the Ministry of Transport to inform the operator of the port, or in section 2 of the mentioned companies injunction requiring the necessary expansion of the receiving facility.

(2). If a user finds that a reception facility does not have enough capacity or otherwise is not functioning satisfactorily, the user may in writing apply to the operator of the port.

(3). The, which operates the port, must submit copy of the referred to in paragraph 2 shall apply to the environmental protection agency, which, as necessary, in accordance with paragraph 1 may issue the injunction to the operator the port, on the necessary expansion of the receiving facility.

§ 4. For the purposes of this order: 1) Waste: the term covers in this order ship-generated waste and cargo residues from ships.

2) generated waste means any waste, including sewage, and residues other than cargo residues, which are generated while a ship is in operation, and which fall under annexes I, IV and V to Marpol 73/78 and cargo-related waste as defined in the guidelines for the implementation of annex V of Marpol 73/78. Ship-generated waste is considered to be waste in accordance with the Ordinance on waste.

3) Fishing vessel "means any vessel equipped or used for commercial catching fish or other living resources from the sea.

4) recreational craft: Any type of ship, regardless of the means of propulsion, intended for sports or leisure use.

5) port: a place or a geographical area where there is carried out the works and fitted equipment, which mainly makes it possible to receive ships, including fishing vessels and recreational craft.

6) port dues: the amount ships normally pay for port calls, with the exception of pilotage, towing, isafgift, as well as land and warehouse lease. Port dues shall also include the amount that certain types of ships such as the URf.eks. recreational craft pays for rental of the berth.

7) cargo residues: Residues of cargo materials in cargo holds or tanks, after unloading procedures and cleaning has been completed, including the residual quantities from the cargo and spills at loading/unloading. Cargo residues is regarded as waste in accordance with the Ordinance on waste.

8) Marpol 73/78 ' means the international Convention of 1973 for the prevention of pollution from ships, as modified by the Protocol of 1978 relating thereto, in its up-to-date version.

9) Small vessels: Ships with a gross tonnage not exceeding 200 or ships that have been approved for sailing with 10 people or less.

10) reception facilities means any facility, which is fixed, floating or mobile and capable of receiving ship-generated waste or cargo residues.

11) Receive system: a system whereby multiple ports are collaborating on a reception facility that can be fixed, floating or mobile.

12): EU maritime information exchange system SafeSeaNet, developed by the Commission in cooperation with Member States in implementation of Community legislation.

13) ship: a seagoing vessel of any type whatsoever operating in the marine environment and shall include hydrofoil boats, air-cushion vehicles, submersibles and floating structures.

Chapter 2-generated waste in General



§ 5. The, which operates the port, must ensure the establishment of reception facilities for ship-generated waste.

Oily waste



§ 6. The operator of the port, in the case of oily waste to ensure the establishment of reception facilities for oil sludge, used lubricating oil, oily mixtures from machinery spaces bilges, ballast or tank washings, mixed oil and other oil residues.

(2). The requirements of section 2, paragraphs 2 and 3 shall also apply to the reception facilities referred to in paragraph 1.

(3). Ports exclusively visited by recreational vessels, are not covered by paragraph 2.

Sewage



§ 7. The, which operates the port, must ensure the establishment of reception facilities for sewage.

(2). Fixed and mobile installations for the reception facilities referred to in paragraph 1 shall include connectors, which allow connection to the ships ' discharge wires, see. DMA technical requirements for ship building and equipment, etc., see. However, paragraph 3.

(3). For ports that exclusively served by smaller vessels, however, applies to the established system must be able to receive receive sewage from ships through a coupling that is carried out in accordance with ISO 8099 regulation. DMA technical requirements for ship building and equipment, etc., the system shall also be able to provide the required pumping capacity.

Chapter 3 cargo residues Generally



§ 8. The, which operates the port, must ensure the establishment of reception facilities for cargo residues.

Noxious liquid substances



§ 9. The, which operates the port, must ensure the establishment of reception facilities for the collection of residues and mixtures of noxious liquid substances, as referred to. DMA technical regulation for ship building and equipment, etc., communication from the Danish maritime authority B, Chapter XXII, Appendix II list of noxious liquid substances in bulk (with reference to ' the International Bulk Chemical Code ').

(2). Receiving facility shall be so arranged that reflux to the ship's tanks cannot take place.

Oil cargo residues



§ 10. The, which operates the port, must ensure the establishment of reception facilities for oily cargo residues, including oil mixed ballast and tank washings.

(2). The requirements of section 2, paragraphs 2 and 3 shall also apply to the reception facilities referred to in paragraph 1.

Chapter 4 Delivery and notification requirements for ship-generated waste and cargo residues, section 11. The master of a ship calling at a port, has a duty to ensure that all ship-generated waste and cargo residues handed to all port reception facility, see. However, paragraph 2.


(2). If it's in the section 12 indicated in review is documented that in the case of smaller amounts of waste, environmentally sound can be stored on board, and if the waste, together with the later produced waste, can be delivered to a port, the master of the ship is later exempted from its obligation under paragraph 1.

§ 12. The master of a ship, who plans to call at a port, shall state the quantity and type of waste, the ship is expected to be on board by calls, and at the same time specify what is intended to be delivered, in accordance with article 3. However, paragraphs 5, 7 and 8.

(2). The notification shall be communicated 1) at least 24 hours prior to arrival, if the port of call is known, 2) as soon as the port of call is known, if this information is available less than 24 hours prior to arrival, or 3) at the latest upon departure from the previous port, if the voyage is less than 24 hours.

(3). A copy of the notification provided up to and including 31 December 2002. may 2015, must be kept on board until the ship departs from the next port of call, and shall be produced whenever the supervisory authority.

(4). By notification to the form set out in annex 1 or Annex 2 must be used.

(5). If the port is not staffed, the master, up to and including the 31. may 2015 forward its review of the environmental protection agency.

(6). The, which operates the port, store reviews, which have been granted up to and including 31 December 2002. may 2015 for at least 2 years, and shall, at the request of the Danish environmental protection agency submit a copy.

(7). Fishing vessels shall be exempt from the notification requirement laid down in paragraph 1.

(8). Recreational craft authorised to carry no more than 12 persons, or equipped for normal to carrying not more than 12 persons are also exempt from the notification requirement in paragraph 1.

(9). Notification in accordance with paragraph 1 may up to and including 31 December 2002. may 2015 shall be submitted electronically or in paper format to the port, see. However, paragraph 5. Starting with the 1. June 2015, review be done electronically via SafeSeaNet.

Chapter 5 payment for the reception of waste generated waste



§ 13. Payment for the reception and handling of ship-generated waste must be contained in the normal port tax and should therefore not be dependent on the delivered quantity or type of waste, see. However, paragraphs 2 and 3.

(2). The group that operates the port, are, however, entitled to require separate payment, if one or more of the following is met: 1) If the amount of generated waste to be delivered, is greater than the amount of generated waste, ship by normal operation-having regard to the size and type of the ship-would produce since the last port calls. This applies only to ships covered by the notification requirement in article 12, paragraph 1.

2) If operating waste desired handed outside the port's standard time.

3) If that is not paid for normal port tax.

4) If notification is not made in accordance with § 12.

5) if the ship does not supply the necessary pumping capacity for delivery of oily waste.

6) in the case of cargo or cargo-related waste sewage related covered by Marpol 73/78, annex V.

(3). Port tax may be reduced if the ship's environmental management system, design, equipment and operation are such that the master of the ship can demonstrate that it produces reduced quantities of ship-generated waste.

(4). The, which operates the port, must each year, URf.eks. at the opening, to port users say what costs the port has been handling of ship-generated waste. In the lookup to the basis for calculation of port tax in respect of the waste referred to in paragraph 2 shall be entered.

Cargo residues



§ 14. Payment for the receipt and handling of cargo residues shall be determined depending on the quantity and type of cargo residues handed over.

Chapter 6 Waste plans § 15. The, which operates the port, must draw up a plan for the receipt and handling of wastes from ships (waste management plans). Ports and companies, see. section 1, paragraph 3, can jointly draw up waste management plans. Waste plan must be approved by the environmental protection agency.

(2). Waste disposal plan drawn up in accordance with the requirements and to meet the specifications set forth in annex 3.

(3). Waste plan must be submitted to the environmental protection agency no later than 2 months before the expiry of the existing tailings plan in order to ensure the environmental protection agency's approval of the plan at least every 3. years before the expiry of the approval of the applicable waste plan, see. However, paragraph 4. The environmental protection agency shall forward about six years before the expiry of the 3-years for the most recently approved waste plan a remembrance of the obligation to submit a draft waste plan no later than 2 months before the end of the period, and recalls the obligation of consultation referred to in article 6. § 16. Environmental Protection Agency's commemorative service does not free the port for its obligation to submit a draft waste plan no later than 2 months before the expiry of the approval. Environmental Protection Agency's approval applies to 3 years from the date of expiry of the last approved waste plan.

(4). The, which operates the port, shall subsequently update the waste plan, if there are significant changes in the operation of the airport, URf.eks. by change of ownership, modification, alteration or change of purpose the practice of receiving and handling of waste. The updated plan must be submitted to and approved by the environmental protection agency. Environmental Protection Agency's approval applies to 3 years from the date of approval of the amended waste plan. This also applies to plans submitted in accordance with current applicable legislation.

(5). The, which operates the port, shall notify the environmental protection agency, if there is a change in who owns or operates the port.

§ 16. The, which operates the port, do not submit a disposal plan to the environmental protection agency's approval before a proposed waste plan has been posted in consultation with the relevant parties, in particular with port users or their representatives, in accordance with article 3. (2). Relevant parties are the port's location in the municipality and may be the port's owner, local associations and clubs located on the Harbor, representatives of port users and others.

(2). The following representatives of the port users must always be transmitted to proposals for waste plan: 1) Commercial ports: the Danish Shipowners ' Association, the shipping Association of 2010, Danish transport and logistics (DTL), the Danish Shipbrokers ' Association and Bilfærgernes shipowners ' Association.

2) fishing ports: the Danish fishermen's Association.

(3). In paragraph 1, without prejudice to article. (2) the said relevant parties should have a time limit from the date of receipt of the proposal of at least 3 to 6 weeks to comment on the draft waste plan.

§ 17. The, which operates the port, shall inform all the users of the information referred to in annex 3B.

Chapter 7 waiver and supervision section 18. For ships in scheduled traffic with frequent and regular port calls may environmental protection agency upon application from the ship's owner and setting from the operator the port, grant a derogation from the obligation of delivery stated in section 11 (1), the notification requirement in article 12, paragraph 1, as well as the payment in section 13, however, only for ship-generated waste. A derogation presupposes that there is sufficient evidence of the existence of a system which ensures that operational waste and the payment of fees in a port on the ship's route.

(2). Application in accordance with paragraph 1 shall be submitted to the who operates the port. The operator of port forwarding the application together with an option for the environmental protection agency.

§ 19. The environmental protection agency oversees that the rules laid down in this Ordinance are complied with.

(2). To be inspected on an annual basis at least 25% of the ships referred to in article 12, paragraph 1. In the selection of the ships to be inspected shall, in particular, the emphasis is on: 1) Ships, where the master has not notified properly, see. § 12.

2) ships which the information master have forwarded in accordance with § 12, has revealed other grounds to believe that the master does not comply with this Ordinance.

(3). If a ship has proceeded to sea in contravention of section 11, paragraph 1, provides for the environmental protection agency, 1) if the next port is a foreign port, and the country in which the port is located, is a member of The European Union, to the competent authority of the port shall be informed, or 2) if the next port is a Danish port, to carry out a more detailed assessment of factors relating to the ship's compliance with this order , URf.eks. the accuracy of the information provided pursuant to section 12.

Chapter 8 section 20 Complaint. Environmental Protection Agency's decisions after this order cannot be appealed to any other administrative authority.

Chapter 9 Penalty, entry into force and transitional rule § 21. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who 1) fails to comply with the environmental protection agency's imposition of establishing a reception facility in accordance with article 2, paragraph 1, or article 2, paragraph 4, 2) fails to ensure that the receiving facility, receiving system or treatment plant is designed in accordance with the requirements of section 2, paragraphs 2 and 3, article 6, paragraph 2, article 7, paragraphs 2 and 3 , § 9, paragraph 2, and article 10, paragraph 2, 3) fails to comply with an injunction to carry out the necessary expansion of the receiving facility under section 3, paragraph 1, 4) fails to forward an inquiry about receiving facility under section 3, paragraph 3, or a review under section 12, paragraph 6, of the environmental protection agency, 5) fails to establish reception facilities or receive arrangements pursuant to section 5, section 6, paragraph 1, article 7, paragraph 1, § 8 , section 9, paragraph 1, and article 10, paragraph 1, 6) fails to deliver waste under section 11, paragraph 1, 7) does not declare the waste in accordance with article 12, paragraph 1, 8) violates the rules for notification in article 12, paragraphs 2 to 5,


9) abandon the false or misleading information in connection with waste notification, see. section 12, or in connection with any application for an exemption under section 18, 10) fails to report electronically via SafeSeaNet from the 1. June 2015, see. section 12, paragraph 9, 11) establishes the payment in contravention of section 13, paragraphs 1 to 3, and section 14, 12) fail to disclose the in section 13, paragraph 4, stated conditions, 13) fails to draw up a waste plan pursuant to section 15, paragraphs 1 and 2, 14) fails timely to file a waste plan to the environmental protection agency under section 15, paragraphs 3 and 4, 15) not updating a waste plan pursuant to section 15 (4) , 16) fails to make consultation after consultation or make in violation of section 16 or 17) fail to inform the users under section 17.

(2). The penalty can rise to imprisonment for up to 2 years if the infringement was committed intentionally or through gross negligence, and if the infringement is 1) caused damage to the environment or caused danger for doing so, or 2) achieved or intended an economic advantage for the person himself or others, including savings.

(3). Paragraph 2 shall not apply to offences committed by foreign vessels, unless the offence is committed in internal territorial waters. For infringements committed by foreign vessels in the outer territorial waters may increase to prison in punishment up to 2 years, in the case of wilful and serious pollution of the marine environment.

(4). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter, see. § 62.

§ 22. The notice shall enter into force on 19 September. may 2012.

(2). Executive Order No. 1632 by 13. December 2006 on the reception facilities for waste from ships, on the ships ' delivery of waste and port waste plans are hereby repealed.

§ 23. Cases pending on the approval of the waste plans finalised in accordance with the existing rules.

The Ministry of the environment, the 10. may 2012 Ida Auken/Michel Schillings



Annex 1



Notification form on Danish, see. section 12 (4) of information to be provided PRIOR to ENTRY into port of

(Port of destination as specified in § 12 of this notice)

1. Name, radio call sign and possibly the ship's IMO port external identification:

2. the Flag State:

3. Expected time of arrival at the port (ETA):

4. estimated time of departure (ETD):

5. Previous port of call:

6. Next port of call:

7. Last port where the ship-generated waste was delivered, and the date:

8. Return The (please tick the appropriate box) all □





some of □





None of □









Their waste to the receiving facility at the port?

9. Type and quantity of the waste and the residues that must be delivered and/or retained on board, and the maximum storage capacity in percent: If all waste delivered, the program automatically fills in the second column, where it is relevant.











If some or no waste delivered, please fill in all the columns.







 

 

 

 

 

 





Type





Waste to be delivered

m 3 maximum storage capacity m 3 amount of waste retained on board

m 3 the port at which remaining waste will be delivered





Estimated amount of waste that will be produced between the notification and the next port of call

m 3





 

 

 

 

 

 





1. Waste oil







Sludge



 

 

 

 

 





Cargo water



 

 

 

 

 





Other (specify)



 

 

 

 

 





2. Garbage







Food scraps



 

 

 

 

 





Plastic



 

 

 

 

 





Second



 

 

 

 

 





3. Waste water (1)



 

 

 

 

 





4. Cargo related

waste (2) (specify)



 

 

 

 

 





5. Cargo residues (2)

(specify)



 

 

 

 

 







(1) waste water must be discharged at sea in accordance with rule 11 of annex IV to Marpol 73/78. If it is intended to make a permitted discharges at sea, the fields of waste water is not filled in.

(2) Can be an estimate.

Notes:

This information can be used for port State control and other inspection purposes.

This form must be completed, unless the ship is subject to a derogation in accordance with this order section 18.

I confirm that the above details are accurate – and correct, and



– that after handing over only small quantities of waste on board, and that there is sufficient storage capacity available on board to store this waste and the waste that is generated between that message and the next port, in which the waste will be delivered.

Dato . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tidspunkt . . . . . . . . . . . . . . . . . . . . . . . .

Underskrift . . . . . . . . . . . . . . . . . . . . . .



Annex 2



Notification form in English, see. Article 12, paragraph 4.

Notification form in English

INFORMATION TO BE NOTIFIED BEFORE ENTRY INTO THE PORT OF

(Port of destination as referred in section 12 of this two statutory order)

1. Name, call sign and, where appropriate, IMO identification number of the ship:

2. the Flag State:

3. Estimated time of arrival (ETA):

4. Estimated time of departure (ETD):

5. Previous port of call:

6. Next port of call:

7. Cargo port and date when ship-generated waste was delivered:

8. Are you delivering (tick appropriate box):* all □





some □





None □









of your waste into the port reception facilities?

9. Type and amount of waste and residues to be delivered and/or remaining on board, and percentage of storage capacity: If delivering all waste, complete second column as appropriate.











If delivering some or no waste, complete all columns.







 

 

 

 

 

 





Type





Waste to be delivered Maximum dedicated storage capacity m 3 m 3 Amount of waste retained on board m 3






Port to which remaining waste will be delivered





Estimated amount of waste to be generated between notification aand next port of call m 3 1. Waste Oils







Sludge



 

 

 

 

 





Bilge water



 

 

 

 

 





Others (specify)



 

 

 

 

 





2. Garbage







Food waste



 

 

 

 

 





Plastic



 

 

 

 

 





Second



 

 

 

 

 





3. Sewage (1)



 

 

 

 

 





4. Cargo–associated waste(2) (specify)



 

 

 

 

 





5. Cargo residues (1) * (specify) (1) Sewage may be discharged to sea in accordance with Regulation 11 of annex IV of Marpol 73/78. The corresponding boxes do not need to be completed if it is the intention to make an authorised discharge at sea.

(2) May be estimates.

Notes:

This information may be used for port State control and other inspection purposes.

This form is to be completed unless the ship is covered by an exemption in accordance with section 18 of this statutory order.

In the confirm that the details below are accurate and correct and



– that after delivery only minor amounts of waste are on board, and that there is sufficient dedicated onboard capacity two large this waste, and all waste generated between notification and the next port to which waste will be delivered.

Date. . . . . . . . . . . . . . . . . . . . .

Time. . . . . . . . . . . . . . . . . . . . .

Signature...............



Annex 3-REQUIREMENTS for waste reception and handling plans in PORTS, see. section 15, paragraph 2.

A. the plan must cover all types of ship-generated waste and cargo residues from ships normally visiting the port, and shall be developed taking into the port, the size and the type of ships calling at the.

The following elements must be included in the plan:-an assessment of the need for port reception facilities, in the light of the need of the ships normally calling at the port,



– a description of the type and capacity of port reception facilities,



– a detailed description of the procedures for the reception and collection of ship-generated waste and cargo residues,



– a description of the charging scheme,



-procedures for reporting alleged inadequacies of port reception facilities,



– procedures for ongoing consultations with port users, waste management companies, terminal operators and other interested parties,



– types and quantities of ship-generated waste and cargo residues received and handled.

In addition, the plan, which it deemed relevant, include: – a summary of relevant legislation and formalities for delivery,



– information about who is responsible for the implementation of the plan,



– a description of any equipment and any processes to pre-treatment of waste in the port,



– a description of the methods for detection of the actual use of the facilities,



– a description of the methods for detection of the received quantities of ship-generated waste and cargo residues,



– a description of how operational waste and cargo residues are disposed of.

The procedures for reception, collection, storage, treatment and disposal should conform in all respects to an environmental management scheme suitable for the progressive to reduce the environmental impact of these activities. Such conformity is presumed to exist if the procedures are in accordance with Council Regulation (EC) No 1782/2003. 761/2001 of 19. March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme.

B. the plan should also indicate the below mentioned information shall be made available to all users of the port: – a short reference to the importance of proper delivery of ship-generated waste and cargo residues,



– facility location for each berth with diagram/map



– a list of ship-generated waste and cargo residues normally dealt with,



– a list of contact points, managers and the services offered,



– a description of the delivery procedures,



– a description of the charging scheme and



-procedures for reporting alleged inadequacy of reception facilities.

Official notes 1) Ordinance contains provisions transposing a European Parliament and Council Directive 2000/59/EC of 27. November 2000 on port reception facilities for ship-generated waste and cargo residues from ships, the official journal of the European communities 2000, nr. L 332, p. 81, as amended by European Parliament and Council Directive 2002/84/EC of 5. November 2002 amending the directives on maritime safety and prevention of pollution from ships, the official journal of the European communities 2002, nr. L 324, p. 53, and parts of the European Parliament and of the Council directive 2010/65/EU of 20. October 2010 on reporting formalities for ships arriving in or departing from ports in Member States and repealing Directive 2002/6/EC, official journal 2010, nr. L 283, page 1.