7th International Maritime Science Conference Solin, 20 – 21 April 2017 Prof. dr. sc. Dorotea Ćorić Dr. sc. Adriana V. Padovan Faculty of Law, Adriatic Institute, University in Rijeka Croatian Academy of Sciences and Arts Lukša Čičovački, dipl. ing. Ministry of the Sea, Transport and Infrastructure PREVENTION OF POLLUTION BY YACHTS’ SEWAGE IN THE PORTS OF NAUTICAL TOURISM – THE LEGAL FRAMEWORK

This paper is a result of the authors’ joint research under the installation research project no. 3061: Developing a Modern Legal and Insurance Regime for Croatian Marinas - Enhancing Competitiveness, Safety, Security and Marine Environmental Standards www.delicromar.hazu.hr The project is financed by the Croatian Science Foundation

INTRODUCTION Inspections and sanctioning Standards of prevention of pollution by sewage from yachts/pleasure craft MARPOL EU Croatian law Pollution prevention standards in the ports of nautical tourism reception facilities, reporting and reception of waste, the role of the concessionaries in the implementation of the pollution prevention standards (legal status, statutory duties, business practice of the ports of nautical tourism) Inspections and sanctioning The existing legal framework Obstacles for the implementation of the pollution prevention standards Proposals for improvements

PREVENTION OF POLLUTION BY SEWAGE FROM RECREATIONAL WATERCRAFT MARPOL 73/78 Annex IV – Regulations for the prevention of pollution by sewage form ships: Prohibition of discharge + obligatory equipment (ship sewage systems) Applies to ships of 400 GT, < or certified to carry more than 15 persons Obligatory sewage reception facilities in the ports/terminals In Croatia – general prohibition of discharge of sewage into the sea (CMC, Art. 49.c) MARPOL does not apply to yachts and pleasure craft, except large yachts of 400 GT, < or of over 24 LOA, or certified to carry more than 15 persons (subject to the Rules for the Statutory Certification of Seagoing Ships)

PREVENTION OF POLLUTION BY SEWAGE FROM RECREATIONAL WATERCRAFT 2. EU standards Directive 2013/53/EU on recreational craft and personal watercraft and repealing Directive 94/25/EC Transposition deadline 18 Jan. 2016 Mandatory installation of holding tanks to watercraft fitted with toilets Holding tanks to be fitted with a standard discharge connection for the pipes of the reception facilities Any through-the-hull pipes for human waste to be fitted with valves that are capable of being secured in the closed position. Watercraft to be constructed so as to prevent the accidental discharge of pollutants overboard Directive 94/25/EC: craft fitted with toilets shall have either: a) holding tanks, or b) provision to fit holding tanks (application June 1996 – Jan 2016)

PREVENTION OF POLLUTION BY SEWAGE FROM RECREATIONAL WATERCRAFT 3. Croatian National Law Standards CMC Art. 49.b and 49.c: all types of vessels and floating objects are under a duty to discharge sewage from the holding tanks exclusively on the designated locations in the ports or outside the ports where the adequate reception facilities are provided. National regulation for the prevention of pollution from yachts and pleasure craft registered in Croatia such foreign flag vessels sailing in Croatian territorial waters and berthing in Croatian ports; Seaworthiness of yachts and other pleasure craft (CMC, Art. 111): the vessel must comply with the prescribed pollution prevention standards; regular technical inspections and technical inspections upon the construction and conversion of yachts and boats CRS: seaworthiness of yachts; harbour master’s offices: seaworthiness of boats; CMC, OBY, Rules for the Statutory Certification of Boats and Yachts (harmonised with Directive 2013/53/EU), including the standards of prevention of pollution by sewage (Rules) Mandatory requirement: holding tanks Croatian norm HRN EN ISO 8099:2004 – „small vessels – sewage collection system” – presumed conformity

PREVENTION OF POLLUTION BY SEWAGE FROM RECREATIONAL WATERCRAFT 3. Croatian National Law Standards Croatian flag yachts of up to 24 m, certified to carry up to 15 persons built on 1 Jan 2006 or later must comply with the mandatory holding tank requirement Older yachts – mandatory retrofit – implementation latest by 2007 Yachts older than 2000 may be exempted, provided that the price of the conversion is too high compared to the value of the yacht Larger yachts and those certified to carry over 15 persons must comply to the technical requirements prescribed for ships (MARPOL) No retrofit prescribed for the boats – such retrofit recommended de lege ferenda

PREVENTION OF POLLUTION BY SEWAGE FROM RECREATIONAL WATERCRAFT Pleasurecraft registered in Croatia in 2015 BOATS YACHTS TOTAL: 113.523 2.292 Pleasurecraft registered in Croatia in 2016 9 m < (built before 2000) 2.371 7 – 9 m (built before 2000) 5.673 2,5 – 7 m (built before 2000) 75.135 SUBTOTAL (built before y. 2000) 83.179 SUBTOTAL (built in 2000 or later) 37.090 TOTAL: 120.269 2.544

PREVENTION OF POLLUTION BY SEWAGE IN THE PORTS OF NAUTICAL TOURISM 1. The reception facilities Croatia, as a party to MARPOL must ensure the provision of sewage reception facilities in its ports and terminals MARPOL standards applying to ports implemented through CMC, MDSA and bye-laws CMC harmonized with the Directive 2000/59/EC on port reception facilities for ship-generated waste and cargp residues, as amended joint ecological standards for port reception facilities in all ports within the EU enhances the availability and use of port reception facilities establishes a regime of enforcement, including a system of inspections and information exchange environmental protection standards apply to all vessels (incl. yachts and boats) sailing into the EU ports and to all EU ports, including the ports of nautical tourism (special purpuse ports) The obligation to comply with the pollution prevention standards (MARPOL; EU; national law) is on the concessionary of the port of nautical tourism, as the operator of the port responsible for the maintenance of the port order

PREVENTION OF POLLUTION BY SEWAGE IN THE PORTS OF NAUTICAL TOURISM 1. The reception facilities Concessionarie’s obligations: Duty to equip the port with the waste reception facilities Duty to prepare and implement the waste reception and handling plan – approved by the harbour master’s office for a period of max. 3 years Obligation to report to the Ministry on the condition of the waste reception facilities yearly Mandatory sewage reception facilities for all ports since 2013 (CMC) In practice – weak implementation Problem: inadequate subsidiary legislation, lack of demand by the users of the recreational craft, inadequate communal sewage and drainage infrastructure Inconformity in the ports open to public traffic (increase of the number of nautical berths)

PREVENTION OF POLLUTION BY SEWAGE IN THE PORTS OF NAUTICAL TOURISM 1. The reception facilities Solutions: Furhter investments into the port reception facilities in harmony with the development of the adequate infrastructure of the ports’ hinterland New Ordinance on the Method and Conditions for the Maintenance of the Order in the Ports and other Parts of the Internal Waters and the Territorial Sea of the Republic of Croatia (final draft)

PREVENTION OF POLLUTION BY SEWAGE IN THE PORTS OF NAUTICAL TOURISM 2. Reporting and reception of waste Ordinance on the Conditions and Methods for the Maintenance of the Order in the Portsand other Parts of Internal Waters and Territorial Sea : duty to deliver the waste to the port reception facilities applies to all ships, yachts and boats (excl. warships) entering the Croatian ports and to all the ports used by these vessels duty to report on the waste in writing prior to entry does not apply to yachts and boats (only to ships) The corresponding duty of the concessionary in the port of nautical tourism – to ensure that the reception of waste actually occurs in the port

PREVENTION OF POLLUTION BY SEWAGE IN THE PORTS OF NAUTICAL TOURISM 3. The role of the concessionary (marina operator) in the implementation of the pollution prevention standards Equips the port with the RF Adopts the Regulations on the Order in the Port Adopts the Waste Reception and Handling Plan Responsible for the implementation of the port order and the waste reception plan Orders the polluter to stop the pollution and remove the waste Secures the evidence of pollution Reports the pollution to the harbour master’s office and maritime police Takes preventing and cleaning measures May notice a lack of technical conformity of the vessel with the prescribed standard (influence on the clients? contractual penalties? reporting the offence?)

INSPECTIONS AND SANCTIONING Inspection control over compliance with the prescribed standards applying to the ports and to the vessels is in the competence of the inspectors of the safety of navigation of the Ministry Inspection of a yacht or a boat undertaken in case of a report, doubt or direct observation of a lack of conformity or in case of an actual pollution Regular technical inspection of seaworthiness of yachts and boats (statutory certification) – inspectors of the CRS (Y) / harbour master’s offices (B) Recommendations: to intensify the inspections of yachts and recreational boats berthed in the ports (marinas and ports open to public traffic) organise concentrated random inspections within the inspection control system targeted surveys within the regular technical inspections of seaworthiness

INSPECTIONS AND SANCTIONING Non-conformity with the standards - maritime offences under CMC and MDSPA Practically difficult to prove the offence of discharge of sewage into the sea, unless it occurs whilst on berth New administrative measures for yachts and boats are not reccomendable (reporting, certificates, logbooks and similar) Rather stimulate the users to regularly empty the holding tanks in the PRF

CONCLUSIONS General prohibition of sewage discharge into the sea Mandatory delivery of the waste into the PRF In practice inadequate implementation Lack of conformity of the yachts and boats with the mandatory requirement of sewage holding tanks Lack of conformity of the ports with the mandatory requirements of the PRF Reccomendations: Prescribe retrofit for all recreational craft Intensify inspections of the vessels (control and technical) New subsidiary legislation implementing MARPOL and Directive 2000/59/EC on PRF Further investments in the PRF and communal infrastructure Potentially significant role of the marina operators in the implementation of the pollution prevention standards

Thank you for the attention… Questions?