Portugal

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Portugal is a member of the European Union, Directive(EU) 2016/802 therefore applies and a maximum of 0.10% sulphur fuel is to be used in port. Portugal’s territorial waters outside of ports are not in an Emission Control Area as defined under MARPOL Annex VI Regulation 14 and therefore the limit of 0.50% sulphur fuel applies.

The national legal instrument enacting these requirements is Ministry of the Environment, Decree-Law no. 170-B / 2014, of 7 November, which is available in the Portuguese language at Portugal’s Directorate-General for Natural Resources, Safety and Maritime Services (DGRM) website (click here)

Background information on the sulphur in fuel limits and an overview of enacting regulation are also available in English at this DGRM website page (click here)

Portuguese ports

While Article 4C of Decree-Law no. 170-B / 2014, of 7 November allows for the use of EGCS as an alternative method of compliance provided that sulfur dioxide emissions are reduced to at least that achieved by the sulphur in fuel limits, DGRM has advised EGCSA that Decree law n.º 226-A/2007 of 31st of May on the use of water resources prohibits any kind of discharge into surface waters, groundwater and on the lands included in the water resources.

EGCS discharges are therefore not permitted within Portuguese port jurisdictions and open loop systems cannot be operated. Closed loop scrubbing is permitted if wash water is stored on board or discharged at port reception facilities.

 “The rules referred to [below] are issued by Ports, which are autonomous authorities under dependence of Ministry of Infrastructures and Housing. They are not, in any way, subject to DGRM, which is allocated to Ministry of Sea. The exception is Decree-law n.º 226-A/2007 of 31st of May (Use of Water Resources Regimen), which derives from general national law.

This is to say that you can reference our response as a national position, prohibition to discharge, but ports rules should be considered, so as the previous consultation of the port, prior to berthing.”

It should be noted that there does not appear to be any explicit reference to EGCS discharges in the port regulation documents cited above.

Sweden

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Sweden is a member of the European Union, Directive(EU) 2016/802 therefore applies and a maximum of 0.10% sulphur fuel is to be used in port. Swedish coastal waters are in the Baltic and North Sea Emission Control Areas as defined under MARPOL Annex VI Regulation 14 and therefore the limit of 0.10% sulphur fuel also applies to vessels in territorial waters outside of port jurisdictions.

EGCS can be used as per Swedish Transport Agency’s Regulations and General Advice on Measures against Pollution from Ships (TSFS 2010: 96). The Google translation of TSFS 2010: 96 Chapter 13, paragraph 2 is as follows:

Equivalence 2 §244 The Swedish Transport Agency may allow such accessories, materials, devices or apparatus to be installed in a ship, or other procedures, alternative fuel oils or equivalent methods used as an alternative to the requirements of this chapter, if these accessories, materials, devices or appliances installed in a ship or other procedures, alternative fuel oils or equivalent methods at least meet the emission reduction requirements specified in this chapter.

TSFS 2010:96 and its various amendments can be found at the Swedish Trasport Agency website (click here).

Swedish Transport Agency rules implement Swedish law. Sulfur Regulation (2014: 509), issued by the Ministry of the Environment, 05 June 2014, can be found at the Swedish Parliament website (click here) . In addition to the sulphur in fuel limits, the use of EGCS is permitted in line with Directive(EU) 2016/802, however the following is worthy of note:

Section 27 When an exhaust gas purification system is used which means that the flue gas is washed, the washing water may be discharged into the sea only if it can be shown that the washing water has no significant effect on and does not constitute a risk to human health or the environment. This also applies to discharges into the sea that are made in protected ports or estuaries.

It has been widely reported by both P&I club correspondents and International Chamber of Shipping, that a number of Swedish ports do not permit discharges from open loop scrubbers (including Brofjorden, Gävle, Norrköping, Umeå, Sundsvall, Skellefteå and Stockholm), although this does not appear to be reflected in the local regulations of any of these ports.

Two port areas do however specifically prohibit open loop discharges:

Stenungsund and PetroPort

Regulations (in English) can be downloaded from the port website (click here) and state under paragraph 12:
“Vessels calling at the Port are not allowed to use Open-loop System for scrubbers”

Trelleborg

Regulations (in Swedish) can be downloaded from the port website (click here) and state under paragraph 29 (Google translation)
“…nor is it permitted to discharge scrubber water from onboard treatment plants into the harbour basin”