The development of EU legislation on the control of ship-generated waste and cargo residues

The aim of this paper is to evaluate the need for the new (summer 2000) EU Directive on Port Reception Facilities for Ship-Generated Waste and Cargo Residues. A core issue is the extent to which the new Directive duplicates provisions already in place (the Convention on the Prevention of Marine Pollution from Ships, the Paris Memorandum of Understanding, and the Bonn Agreement) through which all EU member states make available port reception facilities for the disposal of all types of waste from ships in ports, and undertake inspection and monitoring. This includes provision of facilities for timely reception of residues and oily wastes at oil loading terminals, repair ports and other ports in which there is demand; a system of port inspections; and a system of wider monitoring and surveillance. The paper accordingly presents an analysis and critical evaluation of the provisions of the new Directive in comparison with what is already in place under existing agreements. Conclusions are drawn about the extent to which the new Directive duplicates existing provisions, and the extent to which it represents a progressive departure from what is currently there.