BALTIC SEAENVIRONMENT PROCEEDINGS No. 59 - Helcom

developed and it should address also other areas than shipgenerated
waste. Due regard should be given to pre-disposal
options, such as
minimization of waste generation
recycling of waste.
If in a country legislation for dealing with land-generated
wastes already exists to a certain extent, it should be
reviewed prior to development of complementary legislation on
ship-generated wastes. This will contribute to development of
a coherent legal structure and prevent proliferation of laws
and regulations which are difficult to survey and enforce,
show overlaps or gaps or are otherwise deficient or
susceptible to conflicting interpretations.
If discharge standards are developed for reception facilities,
the standards of MARPOL applicable to discharges of ships
should be taken into account, to avoid shifting pollution from
the sea by ships to pollution by land-based installations (for
example, if ships are allowed to discharge wastewater with 15
ppm of oil, it is not desirable to allow 100 ppm for a
reception facility).
It is recommended that there are provisions in the relevant
legislation which incorporate an easy amendment procedure for
revisions in more detailed standards and subordinate
regulations. Efforts should be undertaken to streamline
national amendment procedures to ensure that MARPOL
regulations become effective at a national level at the same
time they take effect internationally. Legislation should be
broad enough to authorize the appropriate authority to
implement any revisions to the Convention and its Annexes.
Governments may be of the opinion that the MARPOL 73/78
Convention is self-executing, which is to say that its
provisions constitute a body of immediate applicability.
Administrative regulations required for the practical
application can be dealt with separately by way of Codes of
Conduct, guidelines or other appropriate mechanisms.
For each country, the legislative process will have its own
characteristics and procedures. However, it is recommended to
use local expertise of parties involved in and affected by the
waste management strategy and the forthcoming legislation.
Control mechanisms
One of the basic legal requirements for the implementation of
a reliable system of waste management is the establishment of
comprehensive control mechanisms. These mechanisms are
necessary to ensure that the technical and organizational
methods defined are used in practice and that dumping or other
illegal practices are avoided.
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