HELCOM Recommendation 28/1

supersedes HELCOM Recommendations 19/8 and 26/1

Adopted 7 March 2007 having regard to Article 20, Paragraph 1 b) of the Helsinki Convention

Application of the no-special-fee ssystem to ship-generated wastes in the Baltic Sea Area

THE COMMISSION,

RECALLING Article 8 of the Convention on the Protection of the Marine Environment of the Baltic Sea Area, 1992 (the Convention) which calls for development and application of uniform requirements for the provision of reception facilities,

RECALLING ALSO Article 9 of the Convention stipulating a need for special measures in relation to pleasure craft, which includes the establishment of adequate reception facilities for wastes from pleasure craft,

CONSCIOUS that the "no-special-fee" system constitutes a system with the dual purpose of encouraging ships to deliver waste ashore and to avoid undesirable waste streams between ports, thereby encouraging a sound sharing of the waste burden,

CONSCIOUS ALSO that the no-special-fee system constitutes one of the prerequisites for a substantial decrease in the number of operational and illegal discharges and thus for the prevention of pollution of the marine environment from ships,

NOTING that the port authorities are responsible for providing reception facilities for wastes covered by Annex I (oil), Annex II (noxious liquid substances), Annex IV (sewage) and Annex V (garbage) of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78),

NOTING ALSO that the consignor in the loading port is responsible for reception arrangements for cargo related wastes covered by Annex I (oil residues from cargo tanks) of MARPOL 73/78,

NOTING FURTHER that the consignee in the unloading port is responsible for reception arrangements for wastes covered by Annex II (residues of noxious liquid substances) of MARPOL 73/78,

RECOMMENDS that the Governments of the Contracting Parties apply the attached Guidelines for the establishment of a harmonized "no-special-fee" system for the operation of reception facilities in their ports as of 1 January 2000 for ship-generated wastes covered by Annex I (oily wastes from machinery spaces) of MARPOL 73/78 and as of 1 January 2006 for wastes covered by Annex IV (sewage) and Annex V (garbage) of MARPOL 73/78,

TAKING NOTE of the adoption within the European Union of Directive 2000/59/EC on port reception facilities for ship-generated waste and cargo residues,

REQUESTS the Governments of the Contracting Parties to support or seek active co-operation with the North Sea States for the purpose of establishing a similar "no-special-fee" system also in the North Sea Region,

REQUESTS ALSO the Governments of the Contracting Parties to report on the implementation of this Recommendation and attached Guidelines in accordance with Article 16(1) of the Convention.