Italy

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Italy 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. As Italian waters are outside of the Emission Control Areas defined under MARPOL Annex VI Regulation 14 (and the EU Directive) a fuel sulphur limit of 0.50% applies to vessels outside of ports from 1 January 2020.

Ministry of Infrastructure and Transport Coast Guard Headquarters, Safety of Navigation Department circular “Navigation Safety” No.132/2017/Rev.1, as amended 19 December 2019, (click to view) confirms that EGCS can be used as an alternative method of compliance if approved, have appropriate documentation and are operated as per MEPC.259(68) Guidelines for Exhaust Gas Cleaning Systems.

Coast Guard circulars can be viewed here: https://www.guardiacostiera.gov.it/normativa-e-documentazione/Pages/circolari.aspx

Ports of Livorno and Piombino

EGCSA has been advised the above circular will be applied by the local Maritime Authorities (Harbour Master offices) in Livorno and Piombino (also in the province of Livorno)  and that as of the date of advice there are there are no specific restrictions regarding the use of open-loop scrubbers as an alternative to closed-loop or hybrid systems.

It should however be noted that the document  Agreement for the Environmental Sustainability of the Port of Livorno – Livorno Blue Agreement states that if ECCS are used as a method of compliance, the systems must be operated in closed loop if a fuel of greater than 3.50% sulphur is in use. (This is in line with Directive(EU) 2016/802).

The Livorno Blue Agreement can also be viewed here.

Information compiled with contributions kindly provided by Thomas Miller in the UK / Vincenzini-Batini in Italy

Turkey

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UPDATE: 06 April 2021

As widely reported by P&I clubs and the Turkish Shipowners Association Turkey’s Ministry for Environment and Urbanization General Directorate for Environmental Management has issued notice E-84973951-140.99-698452 prohibiting discharges from Exhaust Gas Cleaning Systems

Quote:

In line with article 23(b) of the Regulation on Controlling Water Pollution dated 31.12.2004 and published in the Official Gazette No. 25687, “Discharge of waste, petrol and petrol derivatives along with bilge water, dirty ballast water, sludge, slop, oil and similar solid and liquid waste, any type of cargo waste originating from ships and any planes which fly over the parts of the seas which are under Turkish sovereignty, is hereby forbidden”, it is forbidden to discharge any washing water of those scrubber systems into Turkish territorial waters and hereby requested that such decision is notified to the relevant authorities.

Unquote

The notice in Turkish and English can be downloaded here

Wording of the notice suggests that use of compliant fuel or operation of scrubbers in zero discharge mode (if the ship’s EGCS has the capability) are the remaining options for ship operators.

04 February 2020

The following is kindly reproduced from Gulf Agency Company Ltd – Hot Port News 4 February 2020:
https://www.gac.com/news–media/hot-port-news/use-of-scrubber-and-fuel-in-turkish-waters

Quote:

The Turkish Ministry of Transport and Infrastructure General Directorate for Maritime Affairs requires information to be provided about types of fuel to be used by ships coming to the country’s territorial waters and ports, and ships transiting the Turkish Straits.

The sulfur content of the fuel used in ships worldwide has been limited to 0.5% as of 1 January 2020 within the scope of Annex VI of International Convention for the Prevention of Pollution from Ships (MARPOL). This limitation also applies to all ships sailing in Turkish waters.

In addition, the “Regulation on the Reduction of Sulfur Rate in Some Fuel Oil Types” is in force in Turkey, and the use of marine fuels of which sulfur amount exceeds 0.1% by mass is prohibited for ships bound or anchored for more than 2 hours in inland waters and in the administrative areas authorized by Port Authorities within the scope of Article 7 of the Regulation. The said article 7 is not applied in cases where the inland water vehicles with valid certificates are located at sea and when the machines of the ships at the dock are not working and powered by land.

Exhaust gas cleaning systems (scrubber) will be considered as equivalent application within the scope of Rule 4 of MARPOL Annex VI, instead of using suitable fuel, in order to comply with the said sulfur limits. The exhaust gas cleaning systems in question are equipped on the ships according to the issues specified in the International Maritime Organization’s (IMO) decision numbered MEPC 259(68) and certified by the Administration or authorized class organizations.

In this context, there is certain criteria related to the standard of the washing water to be discharged to the sea, and these devices are approved by checking these criteria. In Turkey, there are not any restrictions or prohibitions regarding the discharge of scrubber washing waters into the sea and scrubber types and these issues are within the scope of the Ministry of Environment and Urbanization.

It is, however, forbidden to discharge wastes/sludge generated during the treatment of exhaust washing water and collected in the tank into the sea within the framework of IMO’s decision numbered MEPC 259(68) and burn them on board, and these wastes must be recorded in the exhaust gas cleaning system (EGC) registry by giving them to appropriate land facilities against receipt. Separate 1 cubic meter tanks (IBC Tank) are provided to the coastal facilities for the collection of washing water wastes/mud. When there is a notification of high amount of waste from ships, the issue is reported to the Ministry of Environment and Urbanization and to the Provincial Directorates of Environment and Urbanization, and waste receipt ship operators revise their ships so that they can receive these wastes as soon as possible. Waste generated in the scrubber system and the waste in the ship’s sludge tank are given separately without being mixed and specified in the waste transfer form. The fee is determined for the purchase of such wastes not covered by the “Communiqué on the Fees and Principles to be Applied in the Framework of Waste Collection and Control of Wastes from Ships” and ,in case of disagreement, determined by the relevant Governorship (Provincial Directorate of Environment and Urbanization).

For further details, and information about operations in Turkey, contact GAC Turkey at turkey@gac.com

Unquote

Also see http://www.mevzuat.gov.tr/MevzuatMetin/3.5.200915478.pdf

 

Estonia

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February 2021

2019 advice below remains valid following confirmation from the Estonian Maritime Administration:

“Using open-loop exhaust gas cleaning systems in Estonian ports are not prohibited, but their washwater must comply with the requirements of the IMO resolution MEPC.184(59).

“In addition, Estonian domestic law specifies (Annex 9 to Regulation No. 73 of the Minister of the Environment):

“Washwater from exhaust gas cleaning systems using chemicals, additives, preparations or relevant cemicals created in situ, as referred to in MEPC.184 (59) paragraph 10.1.6.1, shall not be discharged into the sea, including closed ports, unless the shipowner demonstrates that the discharge of such washwater into the sea does not have a significant adverse effect on or endanger human health or the environment. If the chemical compound used is sodium hydroxide, it is sufficient that the washwater meets the criteria set out in MEPC.184 (59) and has a pH of not more than 8,0”

The last paragraph typically applies to closed loop scrubbing, however this is not specifically mentioned and so it is assumed that discharges from closed loop scrubbers remain prohibited as per the circular below

A copy of the email (contact details removed) courtesy of the Clean Shipping Alliance can be viewed here.

October 2019

Circular No. 4 21.10.19, Clarification of Exhaust Gas Cleaning System (EGCS) operations in territorial waters and ports
of Estonia can be downloaded from the Estonian Maritime Administration website here.

Other circulars can be found at https://www.transpordiamet.ee/en/safety-and-supervision/maritime-safety/estonian-transport-administrations-circulars

The circular confirms advice received from the Adminstration in July 2019 in response to a request for information from an EGCSA member:

“Thank You for the inquiry. Estonian Maritime Administration will make public the official information concerning EGCS (Exhaust Gas Cleaning System) operations in territorial waters and ports of Estonia in due time. With the regulation no. 73 by Minister of Environment Annex 9 the open-loop EGCS is not prohibbited if the systems comply with resolution MEPC.184(59) and other appropriate international regulatory requirements including MARPOL Annex VI. Also it is important that the port authorities will issue approval of using open-loop EGCS in the port area.”

The communication with contact details redacted can be viewed here.

It should be noted the circular ends with the following regarding closed loop scrubbers:

“The use of closed-loop EGCS is permitted in the territorial waters and ports of Estonia, provided that it meets the relevant requirements and is certified. Discharging of washing water from closed-loop EGCS is not permitted.“

Germany

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Germany 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. German coastal waters are in the North Sea and Baltic Emission Control Area 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.

Scrubbers as an alternative method of compliance

EGCSA is currently seeking further advice on overboard discharges from scrubber systems in Germany and practical interpretation of the documents cited below.

It should be noted that an EGCSA member has also discussed the matter of scrubber discharges in German waters with a German ship operator. The ship operator has advised that: “They have no clear documentation on what kind of EGCS operation is allowed in each individual port. They will always check with the port authorities regarding possible requirements before berthing.”

Rechtliche Vorgaben zum Umgang mit Schiffsabwasser Völker-, unions- und nationalrechtliche Anforderungen an Einleitungen von Scrubber-Abwasser, Ballastwasser undhäuslichem Abwasser durch Schiffe – Legal requirements for the handling of ship waste water. International, union and national law requirements for discharges of scrubber waste water, ballast water and domestic sewage through ships was published by the German Environment Agency (Umweltbundesamt – UBA) February 2019.

The document (which can be downloaded from here and here) has a summary in English explaining the complex interrelationship of international, regional and German national legal instruments and how MARPOL Annex VI and the EU Sulphur Directive are implemented via:

Further advice is to follow on applicable regulations in:

  • Exclusive Economic Zone (EEZ) waters
  • Territorial/coastal waters including
    • Sea and inland waterways that are shipping lanes and link ports to the sea
  • ‘Sea’ ports

However, it should be noted that discharges from scrubbers are prohibited in State (Länder) sea ports adjacent to federal (national) inland waterways that are ship navigable

For information, the WHG, Water Resources Act and the CDNI and its implementing laws apply in parallel for those state sea ports adjacent to inland waterways, which are open to ships e.g. Hamburg and Bremen, however the CDNI and its implementing laws have primacy in practice, and scrubber discharges are not permitted.

Click for an Info Sheet from Hamburg Port Authority (dated 20 Aug 19) that lists, in addition to Hamburg and Bremen, Bremerhaven, Brunsbüttel, Cuxhaven, Minden, Nordhafen Kiel and Rostock, as ports where EGCS discharges are prohibited.

It should be noted that even though Hamburg is located 110km inland on the River Elbe it is considered a sea port because of the ability to handle sea-going vessels. Similarly, Bremen on the River Weser is a sea port.

With the exception of the German part of Lake Constance and the Rhine section North of Rheinfelden, the CDNI is applicable to all German inland waterways open to general transport. The German Environment Agency (UBA) document cited above explains that the Convention aims to protect aquatic ecosystems and to improve safety of navigation in inland waterways by avoiding ship-related waste. As such it establishes an absolute prohibition for scrubber washwater discharges including those from sea-going vessels.

(EGCSA is seeking further advice on this interpretation and more port names where EGCS discharges are officially confirmed as not permitted).