Emissions to Air & Energy Efficiency
Regulation (EC) No 1005/2009 on substances that deplete the ozone layer.
Purpose – Prohibition on using products and equipment containing or relying on controlled substances, and the use of controlled substances.
Principal Requirement – global ban on Chlorofluorocarbons, Halons and other Ozone depleting substances.
Why is this also important for environmental management in MOD Shipping?
The production, placing on the market, placing on the market of products and equipment containing or relying on controlled substances, and the use of controlled substances shall be prohibited.
Fire protection systems and fire extinguishers containing halons shall be prohibited and shall be decommissioned (ref JSP 418 Leaflet 5 ODS).
Hydrochlorofluorocarbons may be produced provided that each producer ensures the requirements in Article 11 of this rule are met.
Fluorinated Greenhouse Gases Regulations 2015
Purpose – Adds measures to reduce the amount of F-gases being placed on the market – both technical and market driven (via a quota system).
Principal Requirement – The regulation introduces a phase-down mechanism involving a gradually declining cap on the total placement of bulk HFCs (in tonnes of CO2 equivalent) on the market in the EU reaching 21% of the levels sold in 20092012 by 2030.
* Annual leak checks for equipment over set GWP.
* Clarifies requirements for training and certification of personnel working with F-gases.
* Requires monitoring of F-gas releases although this does not include ships.
* Placing new refrigeration equipment on the market is banned where GWP is over 2000.
Why is this also important for environmental management in MOD Shipping?
Not applicable to non-stationary or military equipment however, annual reporting is required within MOD [JSP 418 Leaflet 6].
Materials/Consumables
Registration Evaluation Authorisation and restriction of Chemicals (REACH)
Purpose – aims to improve protection of human health and environment by placing restrictions and communication requirements throughout supply chain for substances and articles, thus driving change to safer alternative chemicals or technologies.
Principal Requirements –
Registration – of chemicals imported into the EU in quantities >1tonne.
Evaluation – examination of a chemical dossier by the Regulatory bodies [HSE in UK].
Authorisation – for use of chemicals identified as Substances of Very High Concern (SVHCs) for a specific purpose following evaluation.
Restriction – limiting the use of some chemicals.
Why is this also important for environmental management in MOD Shipping?
Applies to all substances (unless covered by equivalent legislation).
All uses of these substances.
Across the whole lifecycle of a product.
Includes the presence in Articles (once an Article, always an Article) as well as concentrated form.
REACH applies a minimum standard.
Obsolescence issues.
ASG REACH
https://www.aof.mod.uk/aofcontent/tactical/safety/content/rest_mat.htm?zoom_highlight=REACH
REACH MOD
https://www.gov.uk/government/publications/reach
Materials/Consumables
The Waste Electrical and Electronic Equipment Regulations 2006
Purpose – To set collection, recycling and recovery targets for all types of electrical goods.
Principal Requirement –
Crossed out Wheelie Bin symbol on articles containing a battery or requiring a lead.
Compliance scheme for recovery of Waste Electrical and Electronic Equipment.
Treatment, Reuse, Recovery, Recycling and Environmentally sound disposal of EEE.
Why is this also important for environmental management in MOD Shipping?
Does not apply to Electrical or Electronic Equipment connected with the protection of the essential interests of the security of member States, such as arms, munitions and war material, and is intended for specifically military purposes.
However, non-connected (i.e. office equipment rather than on board systems) electronic equipment (such as computers & navigation equipment) is not exempt therefore a duty of care applies to disposal of EEE.
Materials / Consumables
OECD Due diligence guidance for responsible supply chains of Minerals from conflict-affected and high-risk areas
and
EU Regulation – TBC (Under Council Review since Nov-16).
Purpose – clarify how companies can identify and better manage risks throughout the entire mineral supply chain that use these minerals in their products.
Principal Requirement – The EU Regulation is underway within EU Parliament and will require the OECD guidelines to be mandated on all but small importers of Tin, Tantalum, Tungsten, & Gold from areas of known conflict (Congo & Great Lakes area of Africa).
Why is this also important for environmental management in MOD Shipping?
Establishes a voluntary requirement for managing the supply chain of these minerals within the EU. – once agreed will be mandatory.
Noise/Nuisance
Solid waste
The Environmental Protection Act Part III Statutory Nuisance
Purpose – Part III empowers local authorities to deal with a range of nuisances (smoke, dust, fumes, noise, light, insects).
Principal Requirement – Shall not cause a statutory nuisance.
In relation to noise, and under the Noise Act of 1996, the night time permitted limit within a complainants dwelling is 35dB(A) above background of 25dB(A) and 10dB(A) if background is above 25dB9A).
Why is this also important for environmental management in MOD Shipping?
The Local Authority may issue an abatement notice to the naval base.
During design, consideration of nuisance from ship can be accounted for such as connecting to shore power and minimising noise outside of daylight hours.
The Environmental Protection Act Part II Section 34 Duty of Care
Purpose – Part II implements controls to improve waste management and disposal on land.
Principal Requirement – All wastes not permitted for disposal at sea (i.e. hazardous wastes, radioactive wastes, plastic) must be retained onboard and landed for disposal in accordance with Part 2 of EPA 90. If overseas waste must be disposed of in line with local port authority requirements or in an approved incinerator.
Why is this also important for environmental management in MOD Shipping?
Applies to MOD and MOD employees unless the Secretary of State certifies that in the interests of national security, the powers should not be exercisable in relation to (Crown) premises.
Waste must be discharged ashore in accordance with local authority regulations.
Solid Waste
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel’89)
Purpose – to protect human health and the environment against the adverse effects of hazardous wastes. Its scope of application covers a wide range of wastes defined as “hazardous wastes” based on their origin and / or composition and their characteristics, as well as two types of wastes defined as “other wastes” – household waste and incinerator ash.
Principal Requirements – The key provisions of the Basel Convention are:
- the reduction of hazardous waste generation and the promotion of environmentally sound management of hazardous wastes, wherever the place of disposal.
- the restriction of transboundary movements of hazardous wastes except where it is perceived to be in accordance with the principles of environmentally sound management.
- a regulatory system applying to cases where transboundary movements are permissible.
Why is this also important for environmental management in MOD Shipping?
Establishes a mandatory requirement prohibiting the transfer of hazardous substances to 3rd world nations including for shipbreaking.
Whilst not applicable to operationally generated wastes, remains applicable to waste equipments leading to a requirement to repatriate broken equipment after replacement.
Applies to the environmentally sound dismantling of ships.
Noise / Nuisance
Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas
Purpose – Protection of small cetaceans – in the areas detailed below.
Principal Requirement – The Parties undertake to cooperate closely in order to achieve and maintain a favourable conservation status for small cetaceans, listed in Appendix II as strictly protected species. Defines protected areas.
Why is this also important for environmental management in MOD Shipping?
Under the Convention on Migratory Species, the Agreement on the Conservation of Small Cetaceans in the Baltic, North East Atlantic, Irish and North Seas (ASCOBANS) is an area for the protection of cetaceans. Within this area cetacean are to be protected under nation state law and cooperative approach taken by parties to the convention in the conservation and reporting of small cetaceans. ASCOBANS emphasises that all parties work towards ”the prevention of the other significant sources of disturbance, especially of an acoustic nature” hence it is applicable to the use of military sonar. Note an agreement also applies separately to the Black and Mediterranean seas.
The Wildlife and Countryside Act
Purpose – Nature conservation agencies are required to identify Sites of Special Scientific Interest (SSSIs). It forms the basis of most statutory wildlife protection in the UK.
Principal Requirement – Part I deals with the protection of animals and Plants.
Why is this also important for environmental management in MOD Shipping?
It is an offence to interfere with animals including sea birds in the UK.
MOD Shipping to be cognisant of Marine Protected Areas.
Discharges to Water
Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London 1972 & Protocol 1996)
Purpose – contributes to the international control of marine pollution by prohibiting the dumping of all wastes [under this Protocol and not including operationally generated wastes covered by MARPOL Annex V] except those on a permitted list.
Principal Requirements – The key provisions of the Protocol are:
- That a precautionary approach which requires that appropriate preventative measures are taken when substances are likely to cause harm even when there is no conclusive evidence in support.
- Wastes on the permitted substances list require permits to dispose from the Contracting Parties.
- The Polluter Pays.
Why is this important for environmental management in MOD Shipping?
Important to MOD as whole as deep sea has in the past been seen as a convenient disposal location for munitions [Beauforts Dyke Irish sea].
Ships are on the permitted list [SINKEX] but the physical effects on the marine environment must still be considered.
Combat Systems Trials must be conducted within certified trials areas to minimise the impact on the UK Coastline.
ISM Code & MOD Shipping
Purpose – to ensure Safety at Sea; to prevent human injury or loss of life and to avoid damage to the environment and to the ship.
Principal Requirement – to comply with the ISM Code, each ship class must have a Safety Management System.
Why is this also important for environmental management in MOD Shipping?
- Establishes a mandatory requirement for a Management System which is balanced in its approach to the management of safety and Environmental Protection.
- Coordinated arrangements for emergency planning.
- Consolidated requirement for Pollution prevention i.e. a single source of information.
- Understanding common elements of risk.
- Simplify documentation.
The Defence Maritime Regulator’s Regulatory regime is based on the ISM Code.
To comply with the ISM Code, each ship class must have a working Safety Management System (SMS). Each SMS consists of the following elements which consolidate the provisions within SOLAS and MARPOL for the management of safety and environmental protection:
- Commitment from top management.
- A Top Tier Policy Manual.
- A Procedures Manual that documents what is done on board the ship, during normal operations and in emergency situations.
- Procedures for conducting both internal and external audits to ensure the ship is doing what is documented in the Procedures Manual.
- A Designated Person Ashore to serve as the link between the ships and shore staff and to verify the SMS implementation.
- A system for identifying where actual practices do not meet those that are documented and for implementing associated corrective action.
- Regular management reviews.
For Commercially supported shipping:
The MOD organisations subject to the Merchant Shipping Act 95, including chartered vessels and Government vessels should ensure arrangements are in place to operate as commercial companies and in full accordance with the ISM Code. Each organisation must also obtain relevant Naval Authority Certification for any defence activity they conduct and a Defence Maritime Regulator Document of Compliance to ensure all military features are addressed and to provide assurance that residual risks are captured.
Reference:
http://www.imo.org/en/OurWork/humanelement/safetymanagement/pages/ismcode.aspx
Polar Code
International Code of safety for ships operating in polar waters (Polar Code 2014)
SOLAS provisions adopted by the MSC in November 2014; the environmental provisions and MARPOL amendments were adopted by the MEPC in May 2015. Entry into force 1st January 2017.
Purpose – to cover the full range of design, construction, equipment, operational, training, search and rescue and environmental protection matters relevant to ships operating in the inhospitable waters surrounding the two poles.
Principal Requirements – The key EP provisions of the Polar Code are:
- Zero discharge area of oil and oily mixtures.
- Measures to be taken to minimise the risk of invasive aquatic species though ships ballast and biofouling.
- Re-enforce the provisions of MARPOL IV referencing fast ice or ice shelf in place of acceptable discharge distances.
- Re-enforce the provisions of MARPOL V with zero discharge of food waste onto the ice.
- Recommendation on water-based stern seal lubricants.
Why is this important for environmental management in MOD Shipping?
Establishes operational controls for all ships operating in the Polar regions which now applies to most ships in the RN / RFA if supporting training activities in the Polar Regions including (Northern Canada, Greenland, Russia, & Antarctica).
A precautionary, zero discharge, principle applies.