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Service covering the reception of waste generated by ships

1. This service includes the collection of waste generated by ships and, where applicable, the storage, classification and prior treatment of this waste in the port's service area and its transfer to a treatment facility authorised by the relevant department.
For the purposes of this Act, waste generated by ships means all waste, including waste water and waste items different from the shipment, generated by the ship and which are regulated by appendices I and IV (liquids) and V (solids) of the international agreement on the prevention of pollution by ships dated 1973 and modified by the 1978 protocol, in its current version (MARPOL 73/78), as well as waste relating to the shipment as defined in the directives by which appendix V of the aforementioned agreement is applied. Waste generated by ships shall be considered waste according to paragraph a) of article 3 of Act 10/1998 dated 21 April on Waste.

2. The reception of shipment waste is excluded from this service, understood to be the waste from any shipment material, packaging, fittings or fixtures, etc. that are found on board in the ship's hold or tanks once the goods have been unloaded and the ship has been cleaned, including loading and unloading waste and spillages, as well as waste located in the transit and moving areas referred to in article 130 of this Act.

3. Only those companies that have been previously authorised by the relevant environmental body for undertaking the waste management activities referred to in this service may carry out this service and, likewise, only those companies that can provide documented proof of an agreement with the manager receiving the goods for treatment and disposal shall be authorised.

4. In the regulating document and in the specific orders for the service, the technical characteristics and conditions to be met by the operations and facilities receiving waste shall be included and they should be adjusted to the regulations approved by the relevant departments.
The total amount of resources available at each port should be sufficient to meet the needs of the ships that normally use the port and of those that, although not regular users, are considered significant users of the port services, without causing unnecessary delays.
The regulating document and the specific orders for the service shall contain the facilities that the service provider should include in order to work with the relevant departments in the fight against marine pollution, as well as the payments that, when applicable, the service provider should make for the facilities requested.

5. For the purpose of reducing the amount of waste generated by ships that is dumped into the sea, improving the availability and use of port facilities for receiving waste and increasing the protection of the marine environment, the Port Authorities demand the following rate from ships that do not make use of the solid and liquid waste reception services stated in this article at each stopover:

Ship's size in GT Fixed rate (€) 2008 rate
0 - 1.000 0.8 C1 55,741135
1.001 - 5.000 1.5 C1 104,514628
5.001 - 10.000 3 C1 209,029257
10.001 - 25.000 4 C1 278,705676
25.001 - 50.000 6 C1 418,058514
50.001 - 100.000 10 C1 696,764190
> 100.000 12 C1 836,117028

C1 is fixed at 60 euros, which shall be updated annually in accordance with the CPI rate and may be reviewed by the Ministry for Public Works taking into consideration the total average cost of the service per cubic metre of liquid and solid waste collected in the port system. For 2008, the value of C1 is 68,714417 euros.
The fixed rate shall be reduced by 20% when the ship has a certificate from the maritime department which states that due to the ship's environmental management processes, its design, equipment or use, reduced amounts of waste are produced.

6. The following are exempt from this rate:

  • War ships, auxiliary naval units and other ships that, as the property of a European Union State or being in service, only provide non-commercial government services.
  • Fresh fishing boats.
  • Sports boats authorised for a maximum of 12 passengers.
  • Ships that operate regularly with frequent and regular stopovers, particularly those designed for EC cabotage (coastal trade) and those used for internal traffic, when a certificate issued by the maritime department is presented to the Port Authority that proves the existence of a plan that ensures the delivery of waste generated by such ships, as well as payment of the relevant rates at one of the ports located on the ship's route and which ensures the collection of all waste when the ship docks at the aforementioned port, guaranteeing that the ship's storage capacity for each kind of waste is never exceeded on any of its trips.
  • Ships' headed for terminals or other facilities that have the necessary resources to receive and treat waste generated by the ships, which are adapted to the regulations approved by the relevant departments and when delivery of the waste is guaranteed to the Port Authority.
  • Ships that can justify to the Port Authority that they have received the services of a waste company authorised at the port to manage the situation.

In the case outlined in paragraph d), when the plan to ensure the delivery of waste generated by ships does not cover both kinds of waste, the exemption, if granted, shall be partial. When only solid waste is delivered, 70% of this rate shall be paid and if only liquid waste is delivered, 30% of the rate shall be paid.
The application of the exemption outlined in paragraphs e) and f) requires that the amount of liquid waste delivered be equal to or greater than the following amounts:

Ship's size in GT Appendix I MARPOL m3
0 - 1.000 0.8
1.001 - 5.000 1.5
5.001 - 10.000 3
10.001 - 25.000 4
25.001 - 50.000 6
50.001 - 100.000 10
> 100.000 12

The exemption may also be partial when the delivery of waste generated by ships does not cover both kinds of waste and the application of this reduction is included in paragraph d).
However, when waste generated by exempted ships is unloaded at port, the service provider shall have the right to charge the relevant rate for the total cost of the service provided in the same way as relates to other ships using this service.
In terms of ships used for internal traffic that don't have a plan for the collection of waste, they shall pay the rate once every seven days.

7. The money collected from this rate by the Port Authority shall be used to compensate the discounts given by the Port Authority to ships that would have used this service as a discount on the ship's rate in order to encourage better environmental practice. The Port Authority's aim is to discourage throwing waste into the sea. Likewise, when applicable, this money may be put towards funding the cost of providing the service if there is not enough demand to make it financially viable, so that the service can be provided an a continuous and regular basis and at a reasonable price.

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Santander Port Authority. c/ Muelles de Maliaño s/n • 39.009 Santander (Cantabria - Spain)
Tel: (34) 942 20 36 00 • Fax: (34) 942 20 36 33 • e-mail: info(arroba)
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