BALTIC SEAENVIRONMENT PROCEEDINGS No. 59 - Helcom

4. Lesal aspects
Firstly a few remarks on legal aspects on an international
level.
It has been generally accepted that when taking measures to
prevent or control (marine) pollution, these measures should
not lead to merely transferring wastes and pollution from sea
to land. With respect to the MARPOL 73/78 Convention this
means that a Party's responsibility does not end when it has
ensured the provision of adequate facilities to receive ship's
waste; within the requirements of the global framework there
is also a responsibility to ensure the proper treatment and
disposal of these wastes, along with other land-generated
wastes.
The International Maritime Organization (IMO) is the only
specialized agency of the United Nations wholly dedicated to
maritime affairs. Over the years it has developed a coordinated
scientifically-and technically-sound strategy for
the protection of the marine environment from pollution
generated by the shipping industry.
With respect to the provision of reception facilities, IMO has
always stressed that Governments in assessing the adequacy of
reception facilities should also consider the technological
problems associated with the treatment of the wastes received
and the ultimate disposal of garbage and of the residue and
effluent from the reception and treatment facilities.
Therefore, States should be encouraged to take responsible
action within their national programmes to consider such
disposal and effluent standards along with other shoregenerated
wastes.
With respect to the provision of adequate port reception
facilities, the obligations of Contracting Parties have been
defined by MEPC to include the following. As the Contracting
Parties acquire more experience with the implementation of the
regulations, these definitions evolve over time.
Adequacy
As a minimum, the capacity of reception facilities at cargo
unloading, loading, and repair ports and terminals shall be
capable of receiving those residues and mixtures which are
(normally) handled within that port and which must be
discharged to reception facilities. All ports (including
marinas and fishing ports) regardless of size will need to
provide adequate facilities to receive Annex V wastes
(garbage) and waste oil from engines, etc.
The receiving capability should be at least appropriate in
time and availability to respond to the continuing needs of
ships using the port.
Arrangements, needed to facilitate the discharge of residues,
mixtures and all types of waste without causing undue delay to
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