Environmental National Legislation of Ecoport8 Countries toward EU Environmental Directives. T. Floqi J.Kaçani, L. Damiani, J.

Transcription

1 Environmental National Legislation of Ecoport8 Countries toward EU Environmental Directives T. Floqi J.Kaçani, L. Damiani, J. Marinski

2 Your Topic Goes Here YOUR SUBTOPICS GO HERE Introduction In order to improve a common safeguard policy for marine environments between the range of ports of Corridor8, in order to guarantee healthy, ecocompetition between SEE routes and ports and to avoid irreversible environmental damage we need Identification and analytical analysis of EU laws, international IMO conventions, national laws, acts, regulations, ecological standards (EMAS), on the ground of ISO 14001, 14004,14031 to share between Ecoport project countries Strategic documents and plans, policy instruments, local community regulations etc. Verify which environmental parameters (of port interest) are actually regulated by law Ensure that national laws comply with Europeans ones

3 Technical-scientific evaluation and consideration of different adoptions of EU laws at national level Exploring the possibilities of improving the national legislation and its harmonizing with EU legislation, within project countries

4 Material and Methods Collection and exploring of: EU legislation national environmental legislation IMO conventions accessed by project partner countries Preparing & filling of the forms for this work package: FORM 1 Environmental Issues & list of IMO convention ratified by project countries FORM 2 Transposition of EU environmental legislation on national regulations-port and Maritime EU Legislation FORM 3 on port sensible parameters. Revised FORM1 & 2 Preparing of the draft on standard analyses for all project partners and respective comments, for each environmental issue

5 Environmental Issues Complying with EU Directives 1. Water quality of port aquatorium EU Legislation Directive 2006/7/EC, 82/176/EEC, 83/513/EEC 84/156/EEC, 84/491/EEC 86/280 / EEC, 80/68/EEC Italy(4 doc) & Greece(4 doc) Analyzing the legislative documents, we can say that they are complying with the above Directives and implement them: Directive 2006/7/EC concerning the Management of bathing water quality Directive 80/68/EEC, On Groundwater quality (prohibition of discharges, monitoring, etc) Directive 2008/56/EEC Marine Strategy Framework Directive Directive 2008/105/EEC On environmental quality standards in the field of water policy, amending and subsequent repeal of Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280 / EEC Directive 2008/105 hasn t been enforced in the Greek legislation yet Having more detailed rules about the water quality of port Aquatorium Acting program of continuous improvement of the port water hydrodynamic conditions

6 Legislative documents, Bulgaria (5 doc) & Romania ( 4 doc) complying with the EU Directives Bulgarian and Rumanian environmental legislation is well developed No action programmes in Bulgaria for application of Measures for monitoring and control are included in the National Programme for port development In Rumania monitoring of aquatorium water quality is realised periodically, twice on year It is not clear in which cases, should oblige users for water quality monitoring Main legislative documents complying with EU Directives, for Albania (8 doc) and Montenegro (2 doc) are some laws and Decrees Montenegro, in compare with Albania, has the classification of surface water complying with the EU legislation There is a lack of surface water indicators, even for the water quality of port aquatorium To have more detailed ministerial decrees, rules, monitoring techniques and establishment of environmental standards about the water quality for surface waters in general and for port aquatorium in particular

7 2. Releases to Water EU LEGISLATION Directive 2005/35/EC, 2000/59/EC, 2008/98/EC, 2002/84/EC All countries have ratified Marpol Convention 73/78 for Prevention of Pollution from Ships, Anex I, II, III, IV Italy (4 doc) & Greece (3 doc) Leg. Doc. are Implementation of: Directive 2005/35/EC On ship source pollution & penalties, Directive 2000/59/EC On port reception facilities for ship generated waste and cargo residues Directive 2002/84/EC On maritime safety and the prevention of pollution from ships The Directives 2005/35/EC and 2008/98/EC haven t been integrated in the Greek Legislation yet Some of the documents are very general laws (as it applies to all areas of the environment) The treatment of first flush water must be provided in cases of particular activities that produce pollutants within the port

8 Leg. Doc. Bulgaria (11 doc) & Romania (3 doc) complying with the EU Directives Bulgarian and Rumanian legislation is well developed The environmental norms are not applied properly due to existing economic problems and sometimes poor self-consciousness of the port facility and ship operators (polluters) Inapropriate treatment of domestic and industrial effluents from Bulgarian Corridor 8 ports (e.g. Port of Bourgas) The Rumanian stipulate the quality conditions/limits, according to different biochemical parameters (COD, BOD, N Total, P Total), but the control in aquatorium area is made twice on year and once per month for waste water

9 Leg. Doc. Albania (4 doc) & Montenegro(3 doc) complying with the EU Directives Albanian and Montenegro s laws, decrees and decisions obliges Port Authority and the Port Concessionaire to respect international and national laws and regulations relating to preventing pollution from ships, protection of the sea and costal areas and also obliges companies and other entities to install measuring equipment and regularly examine quantity and quality of waste water The monitoring of waste water discharges is not implemented yet The management of rain water and first flush water in the port is lacking (e.g. treatment of first flush water, In case of handling bulk cargoes especially mineral ores) It is recommended that legislation (DCM, Guide, Rules etc) aim specifics of port activities causing pollution MANAGEMENT OF DISCHARGES FROMA LAND SHOULD BE BETTER DEFINED

10 3. Air Quality EU LEGISLATION Directive 2004/107/CE, 96/61/CE, 2008/50/EC, 96/62/EC, 99/30/EC, 2000/76/EC, 2000/69/EC, 2002/3/EC, IT GR BG RO, have ratified Marpol 73/78, Annex VI Leg. doc are the implementation of: Italy (5 doc) & Greece (10 doc) Directive 1999/32/EC as regards the sulphur content of marine fuels Directive 2004/107/CE relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air Directive 96/61/CE On Integrated Pollution Prevention & Control Directive 96/62/CE On evaluation and management of air quality Directive 2008/50/EC hasn t been integrated yet in the Greek Law The Hellenic Coast Guard inspects the ships regarding their emissions

11 Leg. doc. Bulgaria (2 doc) & Romania (6 doc), complying with EU Directives Bulgaria hasn t got any document giving actually measures for monitoring or reducing of emissions In Rumania actually not all port operators and economic entities that work in the port are applying the provisions on limits of air pollutant emissions Air pollutant emissions from industrial sources and traffic are constantly monitored by different institutions, according to the limits set by law

12 Legislative documents, Montenegro (2 doc) and Albania (5 doc) aim to comply with EU legislation, imposing entities and operators of ports but, does not addresses to the EU directives In conclusion, we haven t got any low aimed specifically at the air quality in portual areas, and any document gives actually any measure for reducing emissions in all partner countries It would be necessary to establish specific limit values for homogenic zones, in particular for waterfront areas and specific measures for all partner countries

13 4.Waste EU LEGISLATION Directive 2000/59/EC, 91/156/EC, 2008/98/EC 2002/84/EC, Regulation (EC) No. 1137/2008 & 1013/2006 Marpol Convention 73/78 Annex V Basel Convention 1989 On the control of Transboundary movements of hazardous Wastes and their Disposal All project countries have ratified the above conventions

14 Legislative doc, Italy (2 doc) & Greece (5 doc) complying with the EU legislation Implementation of Directive 91/156 On hazardous waste Directive 2002/84/EC On maritime safety and the prevention of pollution from ships, complying with the EU Legislation Directive 2008/98/EC On waste prevention promotion Directive 2006/12/EC Waste management, separation, collection, recycling The Directive 2008/98 hasn t been integrated yet in the Geek Law Waste management in ports can be done either by the ports if they have the required facilities (most of the new parts of the ports have included such facilities) either by private companies authorized by the ports It has to be better understood when applying the above leg. doc. inside ports

15 Leg doc, Bulgaria (9 doc.) and Romania ( doc.) complying with the EU directives Bulgarian & Romanian national legislation is well developed with laws, guides, regulation, etc Waste management program based on the principles of waste hierarchy source separation, collection and recycling of priority waste streams (Directive 2006/12/EC), Directive 2008/98/EC On waste prevention promotion European Council Regulation no. 1013/2006 referring to the waste transport transfer in, to & from Europe

16 Waste Management Plan for ship-generated waste and cargo residues Annual report documents about the types, volumes and quantities of generated waste and adopted by ship to fill the public register of waste and the information system for wastes from ships Program for waste management in port as integral part of the municipal environmental programmes Environmental Impact Assessment of any development proposals for installations for hazardous and non-hazardous waste neutralization and installations for household waste treatment Etc There is an economic regulator to minimize ship generated waste There are not enough economic regulators to promote waste prevention, reuse, recycling and recovery leading to a general applied scheme for waste management consisting of collecting, transportation and disposal

17 Leg doc Albania (3 doc) and Montenegro (2 doc) aim harmonization with EU legislation In Montenegro there is a Rulebook on Waste Classification and Methods of Waste Disposal In Albania, the act or regulation for the coordination of actions between port actors & factors, especially, environment unit of the port authority and harbour master as an executive body, is missing

18 5. Dredging The EU Legislation, identified relating to the dredging, is as follow 1 Geotechnical Investigations International Standards 2 Bathymetric investigation international Stanadards 3 Environmental Impact Assessment 3.1 Directive 85/ Directive 2004/ Recommendation 2001/453

19 Italy (2 doc.) and Greece (3 doc.) are taking in reference the EU directives It is important to specify that these rules are for SIT, (National Interest Site), so, even if operations of dredging are well standardized, they maybe will be extended to all Italian site or it would be useful to define rules for other sites Italian legislation is too much hard for some aspects Dredging materials are often classified as special waste so it is impossible, or too much expensive, their reuse (In Italy) There isn t any particular regulation about dredging of sediment in Greece, but any dredging works conducted within the ports are based on environmental studies

20 Bulgaria (6 doc) and Romania (1 doc) are taking in reference the EU legislation There is a convention between 2 countries Protocol on the protection of the Black Sea marine environment against pollution by dumping EIA is required for issurance of a permit for dredging activities In Bulgaria there is not a detailed particular regulation about dredging of sediments In Romania the sediments are analyzed according rules, for physical, chemical, biological properties & effects Romania has adhered intern. Law on OSPAR Guidelines for the management of dregded material

21 There are no specific laws, DCM, Regulations for dredging activities, in Albania and Montenegro Actually, these activities are managed by EIA Law which requires for every project or activities There are no laws on hidrodinamic monitoring of dredging activities (turbidity analysis, sediment dispersion in particular weather condition) It will be useful to rule all dredging activities taking into account: sediment quantity and characteristics, site characteristics (bathymetry, meteorology, hydrodynamics, etc), type and place of storage Moreover, dredging policy has to be supported by: Data field and numerical model, able to link hydrodynamics conditions with sediment dispersion, turbidity, etc.

22 6. Noise EU DIRECTIVES Directive 2003/10/CE, 2002/49/CE, 2000/14/EC Implementation of: Leg doc Italy (5 doc) and Greece (2 doc) Directive2003/10/CE On the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) Directive 2002/49/CE relating to the assessment & management of environmental noise In Italy we have got a complete legislation about noise, it is referred too at waterfront areas and takes into account the involvement of workers Are established limit values, but are not specified monitoring of noise emissions (NOISE MONITORING IS REALLY EXPENCIVE) There is a lack of specific regulations regarding noise pollution within the port areas in Greece

23 Leg. doc. Bulgaria (6 doc) and Romania (1 doc) complying with the EU Directives Ports are refered to the agglomerations and are therefore under the control of the mayor of the relevant municipality It would be better if the ports are referred to an independent group under the control of the Bulgarian Ministry of Transport The strategic noise Romanian maps have been elaborated taking into consideration the industrial noise, railroad traffic, road traffic and also the LZSN indicators (noise indicator for daylight-evening-night)

24 Albania (2 doc) & Montenegro (2 doc) are complying with the EU Directives Limit values are established according to the classification, but in port area is not monitored any noise emission In Albania, the classification refers to construction sites and not for port areas There is a lack of specific regulations regarding noise pollution and monitoring emissions within the port areas

25 7. Odours EU LEGISLATION EN 13725:2003,. Directive 96/62 Italy, main legislative document complying with EU Directives on this issue is: UNI EN 13725:2004. implementation of the EN 13725:2003 Air qualitydetermination of odour concentration by dynamic olfactometry

26 Greece Bulgaria Romania NO IDENTIFIED LAW Albania Montenegro

27 There are not ruled limit values for odours emission in waterfront areas There are no suggestions about the monitoring of odours and measures to reduce releases in It will be necessary to find and rules methods to avoid, prevent or reduce bad odours emission in the air

28 8. Light Pollution EU LEGISLATION No identified EC Directive or any other international treaty Italy Bulgaria Regional Law n.15/2005 about "Urgent measures for the containment of light pollution and energetic savings The standard promotes reduction of light pollution and of energetic consumption, with the aim of store protect environment such as a territory, into and out of protected areas There are no specific NATIONAL laws regarding light pollution and light pollution in ports EN Road lighting - Part 2: Performance requirements will be implemented soon by Bulgarian Institute for Standardization Light pollution has already discussed in national/international scale and Bulgarian National Committee on Illumination (BNCI) organise where the light pollution and its impact on the environment take place

29 Greece Romania Albania Since, there are no specific laws regarding light pollution, we can not refer to any right or wrong practices or benchmarks to be met Montenegro

30 9. Energy Efficiency EU LEGISLATION Directive 93/76/CEE Directive 2006/32/CE, repealing Directive 93/76/CEE The legislative documents are: Italy (2 doc) & Greece (1 doc) On the implementation of Directive 2006/32/CE On energy end-use efficiency and energy services The obligation of renewable sources use is important but in the Law there is no more information about waterfront areas Use of renewable sources is well defined in the Italian legislation New energy efficiency plans and regulations are under discussions and development, in Greece

31 Leg. doc. Bulgaria (3 doc) Romania (2 doc) complying with EU Legislation In Bulgaria there is a program for Efficient use of Energy and Energy Resources, for the promoting of the use of biofuels in the transport sector In the practice of the Bulgarian ports at EU Corridor VIII the sludge and other liquid oilcontaining wastes from ships and ports are treated and partially recycled Bad coordination among all institutions Absence of control on implementation of the measures for energy efficiency Weaknesses in the implementation of target programs, whose main purpose is to encourage end users to reduce use of energy resources The increase in the price of electricity could be a limitation for ports to use alternative energy sources and fuels

32 Albania & Montenegro (1 law) On Energy Efficiency, related to the issue Written one statement Energy must not give any negative impact in the environment There are no DCM, Ministerial Guide, Rule or regulation regarding the environment protection, of course even for the port areas It could be useful to improve energy end-use efficiency in waterfront areas maybe with the creation of energy district into ports, or establishing energy governance typical for portal areas The aim would be to make possible that ports provide for themselves at the treatment of sludge s as energy source

33 10. Rehabilitation of Polluted Areas EU Legislation Directive 91/156/EEC & 2004/35 Italy (4 doc) and Greece (3 doc) The legislative documents are on the implementation of above directives Directive2004/35 On environmental liability with regard to the prevention and remedying of environmental damage Directive 91/156/EEC On waste In case of contamination, there is no DCM, Guide or Regulation on concentration limit (ACL) values which are considered safe for human health and natural environment, nevertheless on contamination surveillance limits (CSC) or risk based values (CSR) in case a substance in soil or water is above the surveillance limit during the preliminary investigations the site is called potentially contaminated It has to be better understood when applying the above laws inside ports

34 Leg. Doc. Bulgaria (2 doc) and Romania (2 doc) complying with the EU Legislation Monitoring of the rehabilitation measures is provided No identified Law for this issue, in Albania & Montenegro At Law On sea environment protection is mentioned that polluters are obliged to clean (rehabilitate) the polluted area but there is no Law, DCM, Ministerial Guide, Rule or regulation regarding the Rehabilitation of polluted areas, of course even for the port areas

35 11. Soil Contamination EU Legislation COM/2002/179 Italy and Greece (1doc) The legislative documents complying with the EU legislation The Italian Environmental Ministry gives authorization, in accordance with Agricultural Politics Ministry, and on proposition of Sea Authority of the nearest zone with a port where it have to be the disposal There is no Ministerial (Environment or Agricultural) Guide or Regulations for Soil Contamination, but there are regulations regarding soil contamination which is caused by waste disposal, in Greece

36 Bulgaria and Romania (1 doc) Legislative documents comply with the EU legislation There is a Regulation on limit values of pollutants in soil The planned expansion of the Bulgarian sea ports includes highly urbanized areas and does not lead to significant loss of economically valuable land and soil contamination Albania has 5 legislative documents related with EU directives There is no Ministerial (Environment or Agricultural) Guide or Regulations for Soil Contamination Montenegro (1 doc) complying with EU Directives, Rulebook on allowable concentrations of dangerous and harmful substances in soil and methods of their testing

37 12. Bunkering EU LEGISLATION Marpol Convention 73/78 Annex I & II, ratified by all project countries International Convention On Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunkers Convention) All project countries have ratified the Bunkers Convention, except ITALY & MONTENEGRO

38 The legislative documents of all project countries have been made according to the ratification of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from ships (ANNEX I and II) In Italy are described and regulated all the operations of bunkering on quay and mobile bunkering Mobile bunkering is the most dangerous, it includes circulation of dangerous substances and vehicles with the consequently grow of risks of accidents in ports areas. Mobile bunkering is authorized only for particular situations There are only two ports in Albania carrying out bunkering activities One, 7 km far from Port of Durres, and the other about 7 km far from Port of Vlora These ports are regulated by specific regulations issued from the Ministry of Transport

39 13. Cargo Handling Transportation & Storage EU Legislation Directive 2002/59/CE, 2005/65/CE, 2003/44/CE,2002/84/CE, 2002/6/CE, 92/106, 96/82/EC ( the SEVESO II Directive), 2007/71/EC, Decision 1692/96/EC Italy (12 doc) and Greece (11doc) Legislative documents are on the implementation of: Directive 2002/59/EC On the institution of a Maritime Transport Management and Information System Directive 2005/65/CE On improvement of port security Directive 2007/71/EC, On Measures and Conditions regarding the Reception Facilities for Ship generated Waste and Cargo Residues Directive 2002/84/EC, On maritime safety and prevention from pollution caused by ships Directive 96/82/EC for the setting of the measures and conditions to prevent and control of major-accident hazards involving dangerous substances Directive 2005/35/CE On pollution provoked by vessels Directive 2002/6/CE On reporting formalities for ships arriving in and/or departing from ports of the Member States of the Community Directive 2000/59/CE On port reception facilities for ship-generated waste and cargo residues Greece hasn t adopted the Directive 2005/35 yet

40 Bulgaria and Romania (1 doc) apply mainly national legislation on this issue, according to the ratification of Marpol Convention 73/78 Albania (2 doc) and Montenegro (2 doc) Main legislative documents complying with EU directives and Marpol conventions There is in progress of a new Maritime Code where international experts are stating to cover most EU requirements on the establishment of the Maritime Administration, inalbania

41 14. Biodiversity EU Legislation Council directives 92/43/EEC, 79/409/EEC Leg. doc. Italy & Greece ( 2 doc) complying with the EU Legislation Directive79/409/EEC On the conservation of wild birds Directive 92/43/EEC On the conservation of natural habitats and of wild fauna and flora

42 Bulgaria ( 2doc), Romania ( 2doc), Albania (5 doc), Montenegro ( 2 doc) complying with EU legislation It seems that Bern convention is ratified from all partner countries, even there are Laws for biodiversity conservation, but we do not know how to implement these laws in port areas There are no specific regulations regarding biodiversity within ports, although no port activity is allowed in protected areas due to their biodiversity (ex. In Greece)

43 15. Port Development EU Legislation No identified EC Directive or IMO Convention or Treaty There is no relevant legislative document complying with EU directives, in this issues, in project partner countries In Bulgaria there is a law On the Maritime Spaces, Inland Waterways and Ports of the Republic of Bulgaria (prom. SG. 12/11 Feb 2000, amend. SG. 47/23 Jun 2009) In Albania there is a DCM No. dt On approval of Master Plan for the Development of Durres Port In Montenegro there is a Law On Ports (Official Gazette of Montenegro 51/08, )

44 It is important to demonstrate the social-economic value of ports and their care for environmental protection, for a sustainable coexistence between cities and port areas obtained by a coordinated management of urban and infrastructural development Protection of the marine environment from land-based activities with implementation of Integrated Coastal Zone Management (ICZM), Development of a Specialize Development Scheme for the Territory of the Black Sea Coast (Draft)

45 Conclusions FROM EXAMINATION OF LEGISLATIVE DOCUMENTS ON ECOPORT 8 COUNTRIES, COMPARED WITH THE RELATIVE EU DIRECTIVES WE FOUND THAT: 1 Italian & Greek legislation is most related to the EU Directives, including implementation

46 2 Bulgarian, and Romanian, despite the fact that their Nat. legislation is complete but, often it refers to EU respective Directives, despite the fact that there are shortcomings in implementation

47 3 Albanian & Montenegro, need time and assistance to establish a system of transposition & implementation program toward EU legislation

48 THANK YOU FOR YOUR ATTENTION!