| | THE REDUCTION OF SHIP-GENERATED WASTE IN THE NORTH SEA: A |
| | 3,62 | | MB | CONTEMPORARY ANALYSIS |
| | 308 | | stron |
| | 5515 | | ID | University of Leeds School of Earth and Environment |
| | 2005 | | rok |
| | CONTENTS |
| | Acknowledgements i. |
| | Abstract ii. |
| | Contents iii. |
| | Preface xiii |
| | Abbreviations xv |
| | Chapter 1 – A review of ship-generated waste in the North Sea and related impacts |
| | 1.1 Introduction 1 |
| | 1.2 The North Sea 1 |
| | 1.2.1 Geographical Area 1 |
| | 1.2.2 Economic Issues 3 |
| | 1.2.3 Shipping 3 |
| | 1.3 Oil Pollution in the North Sea 4 |
| | 1.3.1 Definition of Oil 4 |
| | 1.3.2 Legal and Illegal Oil Discharges 7 |
| | 1.3.3 Oil Pollution Occurrences 10 |
| | 1.3.4 Impact of Oil on Marine Life 11 |
| | 1.3.5 Sources of Oil Pollution 11 |
| | 1.4 Conclusions 17 |
| | Chapter 2 – Actors in the development of maritime legislation on ship-generated waste |
| | 2.1 Introduction 21 |
| | 2.2 Participants in the North Sea waste reduction process 21 |
| | 2.2.1 United Nations 23 |
| | 2.2.2 Industry/Trade Associations 25 |
| | 2.2.3 Environmental Organizations 31 |
| | 2.2.4 Other North Sea Conventions and Organizations 32 |
| | 2.2.5 National Governments 35 |
| | 2.2.6 European Commission 37 |
| | 2.3 Conclusions 38 |
| | Chapter 3 – Drivers of change in the control of North Sea pollution |
| | 3.1 Introduction 40 |
| | 3.2 Legislative Drivers 42 |
| | 3.2.1 North Sea States 42 |
| | 3.2.2 Ports/Shipping Companies/Trade Organizations 46 |
| | 3.2.3 NGOs/Other Interested Parties 48 |
| | 3.3 Technological Drivers 48 |
| | 3.3.1 Port Industry and Waste Industry 49 |
| | 3.3.2 Shipping Industry 53 |
| | 3.3.3 Summary 54 |
| | 3.4 Financial Drivers 55 |
| | 3.4.1 North Sea States 56 |
| | 3.4.2 Port Industry and Waste Industry 58 |
| | 3.4.3 Shipping Industry 59 |
| | 3.5 Cultural and Social Drivers 60 |
| | 3.6 Conclusions 64 |
| | Chapter 4 – The development of legal controls on North Sea pollution (pre-Directive) |
| | 4.1 Introduction 66 |
| | 4.2 History of Marine/Oil Pollution Treaties 66 |
| | 4.2.1 Early National Legislation – UK and USA 67 |
| | 4.2.2 1926 International Conference on Oil Pollution/Draft Washington Convention 69 |
| | 4.2.3 1935 League of Nations Draft Convention 71 |
| | 4.2.4 1954 International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL) 71 |
| | 4.3 Regional Agreements 73 |
| | 4.3.1 1969 Agreement for Co-operation in dealing with pollution of the North Sea by Oil (Bonn |
| | Agreement) and its 1983 Amendments 74 |
| | 4.3.2 The Oslo, Paris and OSPAR Conventions 75 |
| | - 1972 Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft (Oslo |
| | Convention) 75 |
| | - 1974 Convention for the Prevention of Marine Pollution from Land Based Sources (Paris |
| | Convention) 76 |
| | - 1992 Paris Convention for the Protection of the Marine Environment of the North-East Atlantic |
| | (OSPAR Convention 77 |
| | 4.3.3 1982 Memorandum of Understanding on Port State Control etc. (Paris MOU) 80 |
| | 4.4 United Nations response to vessel-source pollution 81 |
| | 4.4.1 1973 International Convention for the Prevention of Marine Pollution from Ships (MARPOL) |
| | and Protocols (MARPOL 73/78) 82 |
| | 4.4.2 Third United Nations Conference on the Law of the Sea (UNCLOS III), 1973 and the UN |
| | Convention on the Law of the Sea (LOSC), 1982 83 |
| | 4.5 Conclusions 85 |
| | Chapter 5 – The impetus of European Legislation, and in particular the Directive on Port Reception |
| | Facilities |
| | 5.1 Introduction 87 |
| | 5.2 The Development of Directive 2000/59/EC on Port Reception Facilities, etc. 88 |
| | 5.2.1 Role of “A Common Policy on Safe Seas” in the development of the Directive 88 |
| | 5.2.2 Process of Development of the Directive 90 |
| | 5.3 Potential Strengths and Weaknesses of Directive 2000/59/EC and its overlap with other |
| | legislation 95 |
| | 5.3.1 Mandatory Provision of Port Reception Facilities 98 |
| | 5.3.2 Mandatory Discharge Principle 99 |
| | 5.3.3 Notification 100 |
| | 5.3.4 Common Charging System 102 |
| | 5.3.5 Compliance and Monitoring 103 |
| | 5.3.6 Recommendations 104 |
| | 5.4 Directive 2000/59/EC within the framework of other European Legislation on the marine |
| | environment 106 |
| | 5.4.1 Waste Legislation and Maritime Transport Legislation 106 |
| | - Waste Legislation 106 |
| | - Maritime Transport 107 |
| | 5.4.2 Impact of the 1999 Erika Oil Spill on European Legislation 108 |
| | 5.5 Other Legislation with relevance to Directive 2000/59/EC 111 |
| | 5.5.1 Regulation (EC) No. 2099/2000 establishing a Committee on Safe Seas 111 |
| | 5.5.2 Proposed Directives COM (2001) 139 final on protection of the environment through criminal |
| | law and COM (2003) 92 final on shipsource pollution and on the introduction of sanctions etc. 113 |
| | 5.6 Conclusions 114 |
| | Chapter 6 – Existing Data on Reception Facilities, and levels of compliance and Monitoring in the |
| | North Sea Region |
| | 6.1 Introduction 116 |
| | 6.2 Mandatory Provision of Reception Facilities 117 |
| | - Belgium 118 |
| | - Denmark 118 |
| | - Germany 119 |
| | - The Netherlands 119 |
| | - Norway 120 |
| | - United Kingdom 121 |
| | 6.3 Charging Systems for Port Reception Facilities 122 |
| | 6.3.1 Direct Fee System 124 |
| | 6.3.2 Non-Special Fee System 124 |
| | 6.3.3 Free of Charge System and German 3-year “Free of Charge” Experiment 125 |
| | 6.4 Compliance and Monitoring 126 |
| | 6.4.1 Bonn Aerial Surveillance Data 126 |
| | - Belgium 131 |
| | - Denmark 131 |
| | - Germany 132 |
| | - The Netherlands 132 |
| | - Norway 133 |
| | - United Kingdom 134 |
| | - Summary 134 |
| | 6.4.2 Paris MOU Data 134 |
| | 6.5 Conclusions 139 |
| | Chapter 7 – New Data: Longitudinal Surveys of Port Reception Facilities |
| | 7.1 Introduction 142 |
| | 7.1.1 Aim of Chapter 142 |
| | 7.1.2 Survey Methods 142 |
| | 7.2 North Sea Ports – General Background Information 144 |
| | 7.2.1 Business Activities 145 |
| | 7.2.2 Physical Environment and Geographical Location of Ports 147 |
| | 7.2.3 Vessel Traffic in Ports 148 |
| | 7.2.4 Summary 155 |
| | 7.3 Port Reception Facilities in North Sea Ports – Longitudinal Analysis of Survey Responses 155 |
| | 7.3.1 Awareness of Directive in Ports 155 |
| | 7.3.2 Physical Type and Ownership of Facilities 155 |
| | 7.3.3. Provision and Uptake of Facilities by MARPOL 73/78 Annex 157 |
| | - Annex I – Oily Wastes 157 |
| | - Annex II – Noxious Liquid Substances (Chemical Wastes) 158 |
| | - Annex IV – Sewage Wastes 160 |
| | - Annex V – Garbage 162 |
| | 7.3.4 Provision of Facilities by Vessel Type – further discussion 163 |
| | 7.3.5 Waste Reception and Handling Plans 164 |
| | 7.4 Additional Questions – Transposition, Charging, and Inspection and Administration 166 |
| | 7.4.1 Transposition of EU Directive into National Law 166 |
| | 7.4.2 Charging for Waste Reception Facilities 167 |
| | 7.4.3 Vessel Inspections and Administration Issues 168 |
| | 7.5 Data Validation 169 |
| | 7.5.1 Validation of Data using IMO MEPC Circulars for Annex I Wastes 170 |
| | 7.5.2 Validation of Data using internet and other sources 171 |
| | 7.5.3 Summary 172 |