With the introduction of a specific amendment to the Safety, port police and maritime services regulations of the port and roadstead of Civitavecchia [1], the Harbour Master’s Office of Civitavecchia has authorised, for almost two years now [2], ships equipped with specific treatment plants to discharge sewage (also known as “black water”) into the port.
In particular, the discharge of sewage is allowed to those ships equipped with a treatment system complying with the provisions of Article 9.1.1. [3] of the International Convention for the Prevention of Pollution from Ships (the so-called Marpol Convention).
In strictly legal terms, the admissibility of the amendment introduced by the Harbour Master’s Office of Civitavecchia has raised complaints from economic operators involved in the disposal of ship-generated waste in ports and from environmental associations.
According to said operators and associations, the concept of sea referred to in the Marpol Convention in order to identify the perimeter of the areas where ships equipped with the abovementioned treatment systems are allowed to discharge the so-called black waters, should be distinguished from the concept of port.
Indeed, following the approach of the above-mentioned associations, ships equipped with specific treatment plants are allowed to discharge the so-called black waters only in the open sea - and, therefore, at a certain distance from the coast; on the contrary, within the port, the obligation for all ships to deliver waste to the appropriate port collection facilities remains firm.
As a matter of fact, from a legal point of view, both interpretations - and, hence, the one adopted by the Harbour Master’s Office of Civitavecchia as wells as the one supported by economic operators dealing with the disposal of ship-generated waste - seem admissible.
As mentioned above, The Marpol Convention, merely refers to the generic concept of sea, without specifying whether or not ships must be at a specific distance from the coast in order to discharge waste into the sea.
Moreover, the national legislation does not contain more specific indications.
Indeed, on this point, Legislative Decree No. 182 of 2003 [4], which governs the collection of shipgenerated waste, only makes a general reference to the provisions contained in the Marpol Convention, providing, in Annex 3 [5], that “sewage may be discharged into the sea in accordance with Regulation 11 of Annex IV of Marpol Convention”.
So, at present, the issue of whether specially equipped ships can discharge sewage into port waters appears to be somewhat uncertain.
In the absence of specific prohibitions contained in the regulatory framework of reference, it is believed, however, that the approach of the Harbour Master’s Office of Civitavecchia may be compliant with the regulatory data: in fact, given that port waters must be included in the broader definition of sea, it would be possible to assume that ships equipped with treatment plants may legitimately discharge sewage into port waters.
In any case, given the uncertainty of the regulatory framework of reference, it is desirable that the domestic legislator, in the future transposition of Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships (whose provisions must be transposed by the Italian Republic by 28 June 2021), should address this specific issue. This in order to avoid that the aforementioned interpretative doubts may generate uncertainties in application and inconsistent practices within the national port system.
This article is for information purposes only and is not, and cannot be intended as, a professional opinion on the topics dealt with. For further information please contact Matteo Morosetti.
[1] Adopted by Order of the Harbour Master No. 14 of 31 March 2003
[2] By Order of the Harbour Master of Civitavecchia No. 114 of 16 July 2019.
[3] The treatment plant provided for by Article 9.1.1. of the Marpol Convention, besides being the most advanced in terms of environmental legislation, is not required to have a holding tank; therefore, when the upper level of the treatment tank is reached, it automatically discharges effluent overboard, with no possibility to retain the same on board.
[4] Implementing Directive 2000/59/EC on port reception facilities for ship-generated waste and cargo residues.
[5] Containing the form detailing the information that ships must communicate to the Maritime Authority before entering port.
