Need of legal clarity and consistency on the use of the scrubbing technology in EU ports
ECSA has published aposition paper to ask EU Member States to adopt a clear, long-term and above all harmonised position on the issue of the discharges of washwater produced by open-loop scrubbers installed on ships
As part of the implementation of the Sulphur Directive and the Water framework Directive,ECSA urges National Competent Authorities in Member States to define with no delay aharmonised, clear and long-term position on the discharge of scrubbing technology washwater in ports, estuaries and coastal waters.In this view, ECSA stresses that the IMO EGCS Guidelines should prevail and should not beoverruled by diverging local regulations.
As from 1 January 2015, the EU Sulphur Directive requirements impose that ships sailing in theSECAs (Sulphur Emission Control Areas – the Channel, the North Sea and the Baltic Sea) usebunker fuels with a sulphur content of maximum 0.1% or that the same level of emissions is reachedby the use of alternative fuels or compliant abatement technologies. Scrubbers have been identifiedas one of the few abatement technologies available allowing ships to reduce the sulphur content intheir emissions. However, the current lack of clarity in EU rules jeopardises their uptake.
The Sulphur Directive refers to the 2009 Guidelines for Exhaust Gas Cleaning System2(IMO EGCSGuidelines) as applicable standard for the approval of scrubbers. The purpose of the IMO EGCSGuidelines is to specify the requirements for the testing, survey certification and verification ofexhaust gas cleaning systems to ensure that they provide effective equivalence in sulphur emissions.Under the Sulphur Directive, any adaptation of this reference should be justified and scientificallyevidenced in such a way as to ensure strict consistency with the relevant instruments and standardsadopted by the IMO.
Whereas the IMO EGCS Guidelines do not make any distinction between any water areas, it remainsunclear how to solve the issues deriving from the surface water quality in ports, estuaries and coastalwaters under the requirements of the Water Framework Directive (WFD) with regard to thesubstances contained in washwater discharge (open-loop scrubber systems), and bleed-off water(closed-loop scrubber systems). The implementation level of the WFD depends greatly on thecurrent quality status of the various water areas under Member States’ jurisdiction – making such aharmonised implementation at EU level very challenging.
Of particular concern is that the WFD specifies a list of priority substances and priority hazardoussubstances for which progressive reduction should be aimed at whilst there is inaccurate and limitedinformation on the composition of water discharges from scrubbing installation.
In relation to this, ECSA is of the opinion that a wide sampling scheme of the discharge waters wouldonly make the assessment of the results burdensome and more complicated until infinity as manyvarying factors such as the marine fuel characteristics and the local water quality will de facto leadto different interpretations by Member States. Any conclusion drawn from such a sampling analysisshould not lead to a ban on the installation of an approved system. Instead, more scientific researchon the actual marine ecological effects of scrubber washwater discharge in ports, estuaries andcoastal waters is required.
The current uncertainty not only jeopardises investments already made by operators, but alsohampers the commissioning of future installations.
Any envisaged restriction or limited use of any scrubbing systems should only take placeafter a full assessment by IMO and appropriate amendment of the IMO EGCS guidelines. Inthis view, shipowners that have invested in alternative emission abatement methods, asapproved and functioning according the existing IMO EGCS Guidelines, should not bedisproportionally penalised. |
Source: ECSA