Country

Open loop EGCS discharge allowed?

Comments

Argentina

Yes – the prohibition is currently suspended

Regulation No. 15/2020 of the Environment Protection Bureau, which came into force on 10 August 2020, prohibited the discharge of washwater from the exhaust gas cleaning systems (EGCS) of national or foreign-flagged vessels into Argentinean jurisdictional, sea or river waters.

Pandi Liquidadores S.R.L. advise that on 24 September 2020, Prefectura Naval Argentina issued Resolution DISFC-2020-22-APN-DPAM#PNA that suspended the enforcement of the above Resolution 15/2020.

IT&L Legal Consultants advise that this resolution took effect from 3 October 2020 and warn that this suspension is provisional, and the restrictions have not been permanently overturned.

Australia

Yes – conditional and with exceptions

According to AMSA Marine Notice 02/2021:

• AMSA is currently investigating the potential impacts of EGCS wash water discharges on Australian port environments and has commissioned a study to assess the potential cumulative impacts of wash water discharges from open-loop EGCS over time.
• The EGCS must be approved by the vessel’s flag State Administration, or a recognised organisation appointed by the flag State.
• The EGCS must also be operated in accordance with IMO requirements, including the IMO 2015 Guidelines for Exhaust Gas Cleaning Systems (resolution MEPC.259(68)).
• The master, owner or operator of a vessel using an EGCS is requested to notify AMSA before the first arrival at an Australian port after installation and approval of the EGCS.
• Wash water testing should be conducted upon commissioning of the EGCS and repeated every twelve months, as a minimum, for a period of two years.
• Vessels may be directed not to discharge wash-water from an EGCS in Australian waters if this data cannot be provided to AMSA.

The Clean Shipping Alliance advise:

• Port of Sydney: Cruise ships capable of accommodating more than 100 passengers in Sydney Harbour are required to use either low sulphur (maximum 0.10% m/m) fuel or an alternative measure that achieves an equivalent outcome i.e. EGCS.
• Port of Hastings: Discharges from EGCS into Westernport waters are not permitted. This is a more precautionary restriction on EGCS use based on the interpretation of the port regulations by the harbor master.

Bahrain

Not permitted in port or at anchorage

MARINE NOTICE: PMA/03/2019 states that open loop operation not allowed in port or at anchor

Open loop operation is allowed in Bahraini territorial waters and exclusive economic zone (EEZ) as long as it can be proved that the discharge of washwater complies with MEPC.259(68) and there is no negative impact on marine ecosystems.

The Clean Shipping Alliance advise:

Vessels must obtain a permit from the Marine Safety & Environment Protection Directorate before discharging washwater anywhere in Bahrain waters.

Belgium

Not permitted within 3nm of coast

Belgian federal law states discharge only allowed in coastal and open seawaters when at least 3nm off coast

Discharges must not imperil EU Water Framework Directive objectives.

Flemish regional law also confirms discharge not allowed in ports or inland waters.

Belize

Not permitted in port or territorial waters

The Clean Shipping Alliance advise:

Discharge of Exhaust Gas Cleaning Wash Water prohibited in territorial waters and port areas (Marine Circular 01/2018 – BPA/MS/23-1/2018(98) dated 12/12/2018).

Bermuda

Not permitted in port

Allowed in territorial waters subject to prior approval

Ships equipped with Exhaust Gas Cleaning Systems (EGCS) shall seek the prior approval of the Environmental Authority before its use in Bermuda’s territorial waters.

Wash-water and residue from the EGCS shall be not disposed of in Bermuda or discharged into Bermuda’s waters but shall be stored on board the ship until outside of Bermuda’s waters.

See Government of Bermuda’s Environmental Policy for Ships at https://www.gov.bm/environmental-policy-ships.

Brazil

Yes – except at Vale terminals

Prior to 23 July 2020, advice received from local correspondents was “ based on existing provisions in national legislation, especially Law 9.966/00, the discharge of effluents generated by Scrubbers or Exhaust Gas Cleaning Systems (EGCS) is not allowed and the vessel, when in Brazilian waters, must operate with fuel within specifications (sulphur content up to 0.5% m/m)”.

However, correspondents Brazmar advised on 23 July 2020 that the Directorate of Ports and Coasts (DPC) / Navy have changed their previous guidance on the topic, and that the discharge of wash water from open loop and/or hybrid Exhaust Gas Cleaning Systems (EGCS) is allowed within Brazilian Jurisdictional Waters until the competent environmental authority has the opportunity to better assess the scenario. This is under the assumption that the subject EGCS is approved by Class, has a plan for compliance of SOx emissions and is approved as per requirements of resolution MEPC.259 (68) of IMO.

Vale instruct arriving vessels that the discharge of EGCS washwater is not allowed while operating in its Brazilian ports and terminals.

Vale recommends that vessels should be changed over to compliant fuel before entering contiguous zone or coastal waters (24 nautical miles from coastline).

The Clean Shipping Alliance advise:

As a result of CSA engagements, the Brazilian Environmental Authority (IBAMA) sent a formal letter confirming that the Directorate of Ports and Coasts (DPC) has the authority to regulate the country’s jurisdictional waters.

China (P.R.)

Not permitted in Inland river Emission Control Areas (ECAs), Port areas within coastal ECAs and Bohai Sea

China MSA guidance prohibits the discharge of water washings from open- loop scrubbers in certain areas. The prohibited areas are:

• Inland river Emission Control Areas (ECAs);
• Port areas within coastal ECAs; and
• Bohai Sea – the sea area within lines connecting the junction point of shorelines of Dandong, Dalian and shorelines of Yantai, Weihai.

The guidelines also prohibit the incineration of the water washing residues from any type of exhaust gas scrubber. Ships are required to keep accurate records of the stowage and disposal of the washing washings.

If a vessel is not able to store the washing water it is required to switch to low sulphur fuel (not exceeding 0.5%) prior to entering the above areas. The guidelines also state that under certain circumstances a vessel may apply for an exemption if it uses fuel that does not meet the MSA’s requirements.

A copy of the MSA’s guidelines for ships operating within the ECAs, including enforcement details can be found here.

Croatia

Not permitted in port

The Clean Shipping Alliance advise that the Ministry of the Sea, Transport and Infrastructure Notice from 27/10/2017 states only loop operation is allowed.

Cyprus

Yes – conditional

The Clean Shipping Alliance advise:

In accordance with  CPA Regulations of CA 373/2016 Part II – Cyprus Port Authority, ships requiring to use ECGS at Cyprus’ ports or anchorage area must submit a written request for assessment and approval by the CPA at least 48 hours prior to the arrival of the ship. The written request shall provide the following detailed information:

• the location that EGCS will be used (port, anchor); and
• the type of EGCS.

Egypt

Not permitted in Suez Canal

Suez Canal:

• Suez Canal Authority has issued Circular 08/2019. Clarification on this circular is provided here.
• The authority puts no conditions or restrictions on marine fuels until Egypt ratifies MARPOL Annex VI – as such, sulphur cap is not in force.
• Wash water from open-loop scrubbers is not permitted to be discharged during transit of the canal.

Estonia

Yes – conditional

Circular Number 4 (21.10.19) refers to paragraph 10.1.6.1 of MEPC 184(59) and the restrictions on discharging chemical EGCS wash water including enclosed ports and estuaries.

See: https://veeteedeamet.ee/sites/default/files/content-editors/clarification_of_exhaust_gas_cleaning_system_egcs_operations_in_territorial_waters_and_ports_of_estonia.pdf.

Exceptions for discharge into the sea are made if the ship operator can demonstrate that the washing water meets international requirements, required pH levels and does not cause adverse effects on human health or the environment.

Prior authorisation is always required to discharge into the port area.

The Water Act which entered into force on 01.10.2019 does not treat washing water discharges as a violation of pollutant discharge from ships, if in compliance with MARPOL.

The use of closed-loop EGCS is permitted in the territorial waters and ports of Estonia, if it meets the relevant requirements and is certified, however discharging of the waste water is not permitted.

Finland

Not permitted in Port of Porvoo

The Clean Shipping Alliance advise:

• Open loop discharge not permitted in harbour area of port of Porvoo.
• Ministry of Transport and Communications informs: Under Finnish legislation, the discharge of wash waters from open-loop scrubbers is allowed in Finnish ports and territorial waters. However, some ports have restricted the discharge in the port area under their own competence.

France

Not permitted in various ports.

A nationwide prohibition within 3nm is anticipated

Major seaports such as Marseille, Nantes-St Nazaire and La Rochelle have amended their port regulations to include a ban on discharges. Others ports such as Bordeaux and Le Havre have issued a ban in principle on the use of these systems under their port police power, which they disseminate via information to ships entering into application of the provisions of Article R.5333-28 of the Transport Code.

In July 2021, the French authorities issued Proposed Amendments to Division 213 – Pollution Prevention – Prohibition of the discharge of open loop scrubbers from the limit of 3 nautical miles. Date of implementation TBC.

Discharges of effluents to the marine environment from Emissions operating in an open system are prohibited within 3 nautical miles of land on closer in waters under French jurisdiction. As a transitional measure, the administration may grant an existing ship on a regular voyage a exemption whose period of validity must be limited to the strict minimum and may not exceed 1 January 2026.

A penalty of 4000 euros for the master if he causes a discharge of polluting substance by recklessness, negligence or non-compliance with laws and regulations.

The Clean Shipping Alliance advise:

In Cannes, as per the Cannes Bay Sustainability Charter, the restriction applies to the cruise ships only.

Germany

Not permitted in Inland Waterways, canals and ports within inland waterways

EGCS discharge is not permitted according to the convention on the collection, deposit and reception of waste generated during navigation on the Rhine and other inland waterways (CDNI Convention).

Restrictions apply to all inland waterways intended for general traffic except for the German part of Lake Constance and the stretch of the Rhine upstream of Rheinfelden.https://www.cdni-iwt.org/presentation-of-cdni/?lang=en.

Ghana

Not permitted in ports or in territorial waters

The Clean Shipping Alliance advise:

Ghana Maritime Authority informed the CSA that the Administration does not allow the operation of open-loop scrubbers in Ghanaian waters.

Gibraltar

Not permitted in port or in territorial waters

Closed loop scrubbers are permitted in Gibraltar waters, Hybrid scrubbers operating in closed loop mode are also permitted.

Open loop scrubber are temporarily not permitted as a precautionary measure until the Gibraltar Government arrives at a definitive policy decision with regards to (solely) open loop scrubbers.

Hong Kong

Yes – permitted

A ban on EGCS wastewater is not listed, however Hong Kong regulation L.N 135 of 2018 states that an exemption from use of non-compliant fuel is granted if the authorities are satisfied with the abatement technology used to reduce sulphur dioxide emissions.

More detail on this and the duration of exemption can be found by accessing the document via here: https://www.elegislation.gov.hk/hk/2018/ln135!en.

India

Yes (previous prohibition in Adani ports has now been overturned)

The Clean Shipping Alliance advise:

The use of open loop EGCS is permitted in all Adani ports, provided that they comply with IMO requirements.

This latest information (Circular no. APSEZL/Marine/18/2020, 5 November 2020) reverses a previous decision (Circular no. APSEZL/Marine/16/2020, 3 October 2020) to restrict the use of open loop scrubbers:

“We have received representation from Trade with reference to Trade Circular No: APSEZL/Marine/16/2020. Mundra Port has always supported the Trade and taking cognizance of the representations we have decided to revoke Trade Circular No: APSEZL/Marine/16/2020 dated 03rd Oct’20.”

New circular APSEZL/Marine/18/2020 dated 5 Nov 2020 supersedes Trade circular No.16.

All ships calling Mundra port are advised to strictly comply with guidelines mentioned in attached DGS circular.”

Ireland

Not permitted in ports of Dublin, Cork and Waterford

Dublin: Refer to Port of Dublin’s NOTICE TO MARINERS No. 37 of 2018 Prohibition on the Discharge of Exhaust Gas Scrubber Wash Water http://www.dublinport.ie/wp-content/uploads/2018/06/37-2018-Prohibition-on-the-Discharge-of-Exhaust-Gas-Scrubber-Wash-Water.pdf.

Waterford: Port of Waterford weblink http://www.portofwaterford.com/news/marine-notices-prohibition-on-the-discharge-of-exhaust-gas-scrubber-wash-wa.

The Clean Shipping Alliance advise:

Cork: Notice to Mariners 15/2018 dated 12/01/2018 “Prohibition on the Discharge of Exhaust Gas Scrubber Wash Water” can be read
here.

Ivory Coast

Not permitted in port or territorial waters

No formal documentation sighted or referenced, but Abidjan agents have advised open loop operation is prohibited in territorial waters.

Kenya

Not permitted within Kenyan port limits

The Clean Shipping Alliance advise:

Kenya’s National Guidelines for Implementation of IMO 2020 December 2019 include:

7.1. The  discharge  of  wash-water  from  open-loop  scrubbers  is prohibited in  the Kenyan Ports limits. This is to maintain the standard of Kenya marine water quality.

7.2 While in the port of Mombasa, ships fitted with hybrid type of scrubbers shall switch to the closed- loop mode of  operation.  Ships  fitted with open-loop scrubbers shall switch over to compliant fuel oil.

Latvia

Yes – conditional

Although there are no specific regulations prohibiting the use of open-loop scrubbers, local correspondents advise that national authorities are taking the general position that the discharge of wash-water from open-loops scrubbers is not permitted in territorial and port waters.

The Clean Shipping Alliance advise:

• Maritime Administration of Latvia informs: According to national legislation there are no restrictions on discharge of wash water from open loop scrubber systems in Latvia (within the territorial sea of Latvia).
• Harbour Master Port of Riga informs: There are no special rules regulating operation of class-approved exhaust gas cleaning system operation in port of Riga, therefore discharge of washwater generated by the open loop EGCS is allowed in the port.

Lithuania

Yes – conditional

Although there are no specific regulations prohibiting the use of open-loop scrubbers, local correspondents advise that national authorities are taking the general position that the discharge of wash-water from open-loops scrubbers is not permitted in territorial and port waters.

The Clean Shipping Alliance advise: