call.
50 For instance, in the Baltic Sea area, a direct fee is the most common recovery
system in the case of cargo residues from MARPOL, Annexes I and II, i.e., oil and
hazardous chemicals respectively.
51 However, direct fees may encourage illegal
discharges. So, more resources need to be allocated for monitoring and enforcement
mechanisms. Additionally, ships could hold wastes to discharge them at cheaper
ports, which may affect ports’ competitiveness.
52 According to the IMO, States
could impose “compulsory discharge for certain types of ship-generated wastes/
residues”
53 to avoid ships to discharge their wastes elsewhere. Compulsory discharge criteria are unusual because States face challenges not just in relation to the
reception of ship wastes, but also in terms of their management on land.
4.2.4 Contribute to the Improvement of the Marine Environment
The aim of establishing port reception facilities is to prevent and reduce marine
pollution. This is closely connected with incentives to avoid illegal discharges at sea.
At the same time, it relates to monitoring and enforcement mechanisms to punish
illegal discharges.
4.2.5 Allow the “Final Disposal” of Wastes Generated on Board Ships
on Land in an Environmentally Appropriate Way
A reception facility is adequate when it is integrated into national or regional waste
management systems. Final disposal should not be understood only as operations
without the possibility of recovery. According to Chapters 9 and 10 of the IMO’s
Manual on Port Reception Facilities, “final disposal” includes operations of
recycling, recovery.
At first glance, it is outside the IMO’s competences to deal with the management
of ship wastes after their discharge. According to Article 1 (a) of the Convention on
the International Maritime Organization, the purpose of the IMO is to provide the
institutional machinery for cooperation among States and facilitate the adoption of
highest standards in relation to the prevention and control of ship-source pollution.
In the Advisory Opinion regarding Reparation of Injuries Suffered in the Service of
the United Nations, the ICJ discussed the powers vested in the United Nations and
stated that:
50 IMO Port Reception Facilities – How to Do It (2016), pp. 161–169.
51 Ramboll: EMSA/OP/06/2011 (2012), p. 45.
52 Tan (2006), p. 256; Georgakellos (2007), p. 511.
53 IMO Port Reception Facilities – How to Do It (2016), p. 156.
26
G. Argüello
50 For instance, in the Baltic Sea area, a direct fee is the most common recovery
system in the case of cargo residues from MARPOL, Annexes I and II, i.e., oil and
hazardous chemicals respectively.
51 However, direct fees may encourage illegal
discharges. So, more resources need to be allocated for monitoring and enforcement
mechanisms. Additionally, ships could hold wastes to discharge them at cheaper
ports, which may affect ports’ competitiveness.
52 According to the IMO, States
could impose “compulsory discharge for certain types of ship-generated wastes/
residues”
53 to avoid ships to discharge their wastes elsewhere. Compulsory discharge criteria are unusual because States face challenges not just in relation to the
reception of ship wastes, but also in terms of their management on land.
4.2.4 Contribute to the Improvement of the Marine Environment
The aim of establishing port reception facilities is to prevent and reduce marine
pollution. This is closely connected with incentives to avoid illegal discharges at sea.
At the same time, it relates to monitoring and enforcement mechanisms to punish
illegal discharges.
4.2.5 Allow the “Final Disposal” of Wastes Generated on Board Ships
on Land in an Environmentally Appropriate Way
A reception facility is adequate when it is integrated into national or regional waste
management systems. Final disposal should not be understood only as operations
without the possibility of recovery. According to Chapters 9 and 10 of the IMO’s
Manual on Port Reception Facilities, “final disposal” includes operations of
recycling, recovery.
At first glance, it is outside the IMO’s competences to deal with the management
of ship wastes after their discharge. According to Article 1 (a) of the Convention on
the International Maritime Organization, the purpose of the IMO is to provide the
institutional machinery for cooperation among States and facilitate the adoption of
highest standards in relation to the prevention and control of ship-source pollution.
In the Advisory Opinion regarding Reparation of Injuries Suffered in the Service of
the United Nations, the ICJ discussed the powers vested in the United Nations and
stated that:
50 IMO Port Reception Facilities – How to Do It (2016), pp. 161–169.
51 Ramboll: EMSA/OP/06/2011 (2012), p. 45.
52 Tan (2006), p. 256; Georgakellos (2007), p. 511.
53 IMO Port Reception Facilities – How to Do It (2016), p. 156.
26
G. Argüello