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APPENDIX B 289 6.3.1.5 duration of voyage; 6.3.1.6 time spent in areas where discharge into the sea is prohibited or restricted; and 6.3.1.7 time spent in port. 6.3.2 Governments, in assessing the adequacy of reception facilities, should also consider the technological problems associated with the treatment and disposal of garbage received from ships. Although the establishment of waste management standards is not within the scope of the Convention, governments should take responsible actions within their national programmes to consider such standards. 6.3.2.1 The equipment for treatment and disposal of garbage is a significant factor in determining the adequacy of a reception facility. It not only provides a measure of the time required to complete the process, but it also is the primary means for ensuring that ultimate disposal of the garbage is environmentally safe. 6.3.2.2 Governments are urged to initiate, at the earliest opportunity, studies into the provision of reception facilities at ports in their respective countries. Governments should carry out the studies in close cooperation with port authorities and other local authorities responsible for garbage handling. Such studies should include information such as a port-by-port listing of available garbage reception facilities, the types of garbage they are equipped to handle (e.g. food wastes contaminated with foreign disease or pest organisms, large pieces of derelict fishing gear, or refuse and operational wastes only), their capacities and any Special procedures required to use them. Governments should transmit the results of their studies to the Organization for inclusion in the Annex V library (see section 2.2). 6.3.2.3 While selecting the most appropriate type of reception facility for a particular port, consideration should be given to several alternative methods available. In this regard, floating plants for collection of garbage, such as barges or self-propelled ships, might be considered more effective in a particular location than land-based facilities. 6.3.3 The purpose of these guidelines will be attained if they can provide the necessary stimulus to governments to initiate, and continue studies of, reception facilities as well as treatment and disposal technology. Information on developments in this respect should be forwarded to the Organization. 7 Ensuring compliance with Annex V Recognizing that direct enforcement of Annex V regulations, particularly at sea, is difficult to accomplish, governments are encouraged to consider not only restrictive and punitive measures but also the removal of any disincentives, creation of positive incentives, and the development of voluntary measures within the regulated community when developing programmes and domestic legislation to ensure compliance with Annex V.
APPENDIX B 290 7.1 Enforcement 7.1.1 Governments should encourage their flag vessels to advise them of ports in foreign countries Party to Annex V which do not have port reception facilities for garbage. This will provide a basis for advising responsible governments of possible problems and calling the Organization's attention to possible infractions. An acceptable reporting format is reproduced in the attached appendix. 7.1.2 Governments should establish a documentation system (e.g. letters or certificates) for ports and terminals under its jurisdiction, stating that adequate facilities are available for receiving ship-generated garbage. Periodic inspection of the reception facilities is recommended. 7.1.3 Governments should identify appropriate enforcement agencies, providing legal authority, adequate training, funding and equipment to incorporate the enforcement of Annex V regulations into their responsibilities. In those cases where customs or agricultural officials are responsible for receiving and inspecting garbage, governments should ensure that the necessary inspections are facilitated as much as possible. 7.1.4 Governments should consider, where applicable, the use of garbage discharge reporting systems (e.g. existing ship's deck log-book or record book) for ships. Such logs, at a minimum, should document the date, time, location by latitude and longitude, or name of port, type of garbage (e.g. food, refuse, cargo- associated waste or maintenance waste) and estimated amount of garbage discharged. Particular attention should be given to the reporting of: 7.1.4.1 the loss of fishing gear; 7.1.4.2 the discharge of cargo residues; 7.1.4.3 any discharge in special areas; 7.1.4.4 discharge at port reception facilities; and 7.1.4.5 discharge of garbage at sea. 7.1.5 The issue of documents or receipts by port reception facilities might also assist the reporting system. 7.2 Compliance incentive systems 7.2.1 The augmentation of port reception facilities to serve ship traffic without undue delay or inconvenience may require capital investment from port and terminal operators as well as the waste management companies serving those ports. Governments are encouraged to evaluate means within their authority to lessen this impact, thereby helping to ensure that garbage delivered to port is actually received and disposed of properly at reasonable cost or without charging special fees to individual ships. Such means include, but are not limited to: 7.2.1.1 tax incentives; 7.2.1.2 loan guarantees; 7.2.1.3 public vessel business preference;
APPENDIX B 291 7.2.1.4 special funds to assist in problem situations such as remote ports with no land-based waste management system in which to deliver ships' garbage; 7.2.1.5 government subsidies; and 7.2.1.6 special funds to help defray the cost of a bounty programme for lost, abandoned or discarded fishing gear or other persistent garbage. The programme would make appropriate payments to persons who retrieve such fishing gear, or other persistent garbage other than their own, from marine waters under the jurisdiction of government. 7.2.2 The installation of shipboard garbage processing equipment would facilitate compliance with Annex V and lessen the burden on port reception facilities to process garbage for disposal. Therefore, governments should consider actions to encourage certain types of garbage processing equipment to be installed on ships operating under its flag. For example, programmes to lessen costs to shipowners for purchasing and installing such equipment, or requirements for installing compactors, incinerators and comminuters during construction of new ships would be very helpful. 7.2.3 Governments are encouraged to consider the economic impacts of domestic regulations intended to force compliance with Annex V. Unrealistic regulations may lead to higher levels of non-compliance than an education programme without specific regulatory requirements beyond Annex V itself. Due to the highly variable nature of ship operations and configurations, it seems appropriate to maintain the highest possible level of flexibility in domestic regulations to permit ships the greatest range of options for complying with Annex V. 7.2.4 Governments are encouraged to support research and development of technology that will simplify compliance with Annex V regulations for ships and ports. This research should concentrate on: 7.2.4.1 shipboard waste handling systems; 7.2.4.2 ship provision innovations to minimize garbage generation; 7.2.4.3 loading and unloading technology to minimize dunnage, spillage and cargo residues; and 7.2.4.4 new ship construction design to facilitate garbage management and transfer. 7.2.5 Governments are encouraged to work within the Organization to develop port reception systems that simplify the transfer of garbage for international vessels. 7.3 Voluntary measures 7.3.1 Governments are encouraged to assist ship operators and seafarers' organizations in developing resolutions, by-laws and other internal mechanisms that will encourage compliance with Annex V regulations. Some of these groups include:
APPENDIX B 292 7.3.1.1 seamen's and officers' unions; 7.3.1.2 associations of shipowners and insurers, and classification societies; and 7.3.1.3 pilot associations, fishermen's organizations. 7.3.2 Governments are encouraged to assist and support, where possible, the development of internal systems to promote compliance with Annex V in port authorities and associations, terminal operators' organizations, stevedores' and longshoremen's unions and land-based waste management authorities.
