Portugal

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 31^st 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.”

• Port of Lisbon:
  • Regulamento de Autoridade Portuáriada APL –Administração do Porto de Lisboa, S.A.
• Port of Leixões:
  • Edital da Capitania do Porto de Leixões (Notice of the Captaincy of the Port of Leixões) – see CAPÍTULO V
• Port of Sines:
  • Regulamento de Exploração, Ambiente e Segurança do Porto de Sines
• Port of Figueira da Foz:
  • Normas Segurança da Maritima Portuaria

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