2010 Port Waste Reception and Handling Plan - Port of Rotterdam

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SECTION 2: STATUTORY FRAMEWORK AND AREA OF APPLICATIONIn this section, in addition to a summary of applicable legislation and formalities for deliverythe geographical area of application to which the Port Waste Reception and Handling Planapplies is given.2.1 Statutory framework2.1.1 International regulations: MARPOL 73/78The purpose of MARPOL 73/78 is the reduction of marine pollution which is the result of discharges ofharmful substances from ships. Rules and regulations are attached to discharges at sea. Furthermorespecific requirements are set for the construction, fitting out and equipping of ships.In its capacity as contracting state the Netherlands implements the conditions and provisions of MARPOL73/78 and the ratified Annexes (I, II, III, IV, V and VI) for its territory and territorial waters. MARPOL 73/78has been implemented via the Wet voorkoming verontreiniging door schepen (Wvvs – Prevention ofPollution from Ships Act) whereby the structure of MARPOL 73/78 is followed as much as possible.2.1.2 European regulationsThe following European regulations play a role:• Council Regulation (EEC) No. 2913/92 of 12 October 1992 establishing the CommunityCustoms Code (delivered ship waste is regarded as non-Community goods which arereleased for free circulation as referred to in Article 79 of this Regulation);• Council Directive 91/156 amending Directive 75/442/EEC on waste;• Council Directive 75/439/EEC on the disposal of waste oils;• Council Directive 91/689 on harmful waste;• Council Directive 95/21 concerning the enforcement, in respect of shipping usingCommunity ports and sailing in the waters under the jurisdiction of the Member States,of international standards for ship safety, pollution prevention and shipboard living andworking conditions (port State control)2.1.3 National regulations: Wvvs and Wet Milieubeheer (Environmental Management Act)The above described international and European frameworks have been implemented in theNetherlands via the Wvvs. Pursuant to the Wvvs further rules are set in this respect in the followinggovernmental decrees and ministerial regulations:• Besluit havenontvangstvoorzieningen (Bhov - Port Reception Facilities Decree)• Regeling havenontvangstvoorzieningen (Rhov - Port Reception Facilities Regulations)• Besluit voorkoming verontreiniging door schepen (Bvvs - Prevention of Pollution from ShipsDecree)• Regeling voorkoming verontreiniging door schepen (Rvvs - Prevention of Pollution from ShipsRegulations)• Regeling inzake het scheiden en gescheiden houden van gevaarlijke afvalstoffen (Regulationsconcerning the segregation of harmful waste)Rules are also set regarding the collection and processing of waste in the Environmental ManagementAct and the governmental decrees and regulations pursuant thereto. It concerns:• Besluit inzamelen afvalstoffen (Collection of Waste Decree)• Regeling inzamelaars, vervoerders, handelaars en bemiddelaars van afvalstoffen (Collectors,Carriers, Traders and Brokers of Waste Regulations)• Regeling melden bedrijfsafvalstoffen en gevaarlijke stoffen (Regulations for Reporting ofcommercial waste and harmful waste)Version 3 October 2009 page 6 of 36 2010 Port Waste Reception and Handling Plan
• Landelijk afvalbeheerplan 2002-2012 (2002-2012 National Waste Management Plan)In addition the following regulations are important:• Scheepvaartreglement territoriale zee (Territorial Seas Shipping Regulations);• Wet op de economische delicten (Economic Offences Act).2.1.4 Port Bye-LawsThe Port (Management) Bye-Laws of all Port Managers contain rules with regard to the designation ofowners of Port Reception Facilities.It is prohibited for the owner of a Port Reception Facility who does not possess a designation to takereceipt of ship waste, harmful substances or residues from seagoing vessels.An owner who does possess a designation is, by reason of the stipulations included in thedesignation, obliged to collect ship waste, harmful substances or residues from seagoing vesselsoffered to him and offer them for further processing.2.2 Area of applicationRotterdam-Rijnmond Port RegionThis Port Waste Reception and Handling Plan – as is evident from the introduction – has been jointlyprepared, made available for inspection and adopted by the port managers of the ports in Rotterdam,Schiedam and Vlaardingen, Dordrecht, Moerdijk and Maassluis. These ports are collectively referred toas the Rotterdam-Rijnmond Port Region. The PWP’s area of application is the ports located in theRotterdam-Rijnmond Port Region.Version 3 October 2009 page 7 of 36 2010 Port Waste Reception and Handling Plan
Page 1 and 2: 2010Port Waste Reception and Handli
Page 3 and 4: INTRODUCTIONAs European Mainport Ro
Page 5: Cargo residuesThe remnants of any c
Page 9 and 10: 3.2.2 Fee obligationIn general the
Page 11 and 12: Category Fee (€) delivery entitle
Page 13 and 14: The following paragraphs state the
Page 15 and 16: SECTION 5:VISITING SEAGOING VESSELS
Page 17 and 18: delivery obligation or in case the
Page 19 and 20: 5.5 Exceptions: Recreational craft
Page 21 and 22: 5.7.1 ReportComplaints with regard
Page 23 and 24: SECTION 7: REPORTINGThe port manage
Page 25 and 26: Appendix 1: List of designated Port
Page 27 and 28: Name of companyWith registered offi
Page 29 and 30: Appendix 3: Adoption decisions by p
Page 31 and 32: Version 3 October 2009 page 31 of 3
Page 33 and 34: Adoption decisions by the Port Auth
Page 35 and 36: Appendix 4: quantities of ship wast

2010 Port Waste Reception and Handling Plan - Port of Rotterdam

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