Framework
Environmental policies, in particular on waste, are based on basic principles such as Prevention and Reduction, Management Responsibility, Caution and the Polluter-Pays Principle. The provision and use of port reception and waste management facilities contributes to the protection of the environment, in particular the marine environment, by reducing waste discharges at sea.
The basic regulation for this purpose is the International Convention for the Prevention of Pollution from Ships (MARPOL), adopted in 1973 and subsequently amended by the Protocol of 1978, known as MARPOL 73/78. In order to increase the protection of the marine environment through the reduction of discharges at sea, and in accordance with the Convention, Directive 2000/59 / EC, 27 November, has been published.
The purpose of the MARPOL Convention is to establish rules for the complete elimination of intentional pollution of the marine environment by oils and other hazardous substances from ships and the minimization of accidental discharges of such substances into the air and sea water.
This Directive was transposed into the national legal system through Decree-Law no. 165/2003, of July 24, amended by Decree-Law no. 197/2004, of August 17, by Decree-Law no. 57/2009, 3 of March and by the Decree-Law nº 83/2017, of 18 of July. Decree-Law no. 165/2003, of July 24, in its current wording, regulates the facilities and use of port facilities for the reception of ship-generated waste and cargo residues from ships, which climb national ports.
Waste Collection and Management Plan (PRGR) Generated in Ships and Cargo Residues
According to the provisions of paragraph 1 of article 5 of Decree-Law no. 165/2003, of July 24, in its current version, the port authorities must prepare and implement plans for the reception and management of (PRGR), after consulting the economic operators concerned, in particular port users or their representatives, and shall comply with Articles 4, 6, 7, 8, 11 and Annex I of the same Diploma. The PRGR must contain all the elements defined in Annex I of this Diploma.
Pursuant to paragraph 2 of the same article, it is the responsibility of the DGRM to evaluate and approve the PRGR, to monitor its execution and to ensure that it is approved again, at least every three years and regardless of the period elapsed, whenever significant changes in the functioning of the port.
Communication of Alleged Insufficiency of Port Means of Receiving
Under article 11 of Decree-Law no. 165/2003, of July 24, in its current version, it is incumbent upon the DGRM to report to the European Commission the alleged inadequacies of the port reception facilities.
Notification to the Port Authority
Pursuant to article 6 of Decree-Law no. 165/2003, of July 24, in its current version, the commanders of ships bound for a national port, except fishing vessels and recreational craft with maximum authorized seating capacity of 12 passengers must complete the form set out in Annex II to the aforementioned Diploma, to be sent to the operator of the port reception centre for transmission to the respective port authority.
Reports on the application of Decree-Law no. 165/2003, of July 24
Under the no. 1 of article 12 of Decree-Law no. 165/2003, of July, in its current version, the port authorities must submit to DGRM, in each three-year period, a report on the application of Decree-Law no. 165/2003, of July 24, in its current version, relating to the previous three-year period.