Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) (Amendment) Regulations 2009

My Lords, I am grateful to both noble Lords for their broadly positive responses. The noble Lord, Lord Hanningfield, is concerned about burdens on the industry and asked whether, in the time of economic stringency that we face at the moment, it is unreasonable to expect ports to build sewage reception facilities and whether our industry would be at a disadvantage compared to those of our partner countries within Europe. I should stress to the House that the regulations I am proposing today do not require ports to build any new facilities; they merely require them to ensure that facilities for the reception of ship-generated sewage are available to those port users who need them. That can be achieved through arrangements under which one or more licensed contractors have access to the port and provide a commercial service to users. Therefore, we do not think that the measure is unduly burdensome. We have worked closely with the industry to keep the burdens to a minimum, and the provisions will apply throughout the EU, as other member states must comply with the directive. I should also stress that the provision of port waste reception facilities is one of the requirements contained in MARPOL, the international convention which, as I said at the outset, is intended to prevent pollution from ships. The MARPOL annexe, which addresses ship-generated sewage, has been ratified by more than 120 states worldwide. Accordingly, all those states should be taking steps to ensure that sewage reception facilities are available to users of their ports. The noble Lord asked what proportion of ports already have facilities. We do not have accurate figures on that, but, as I said, there is no legal obligation to build sewage treatment plants, so it is not an issue of direct concern here. Although the number may not be high, there is no obligation to build facilities, provided that contracting arrangements are in place. The noble Lord asked about enforcement. Enforcement will be on the same lines as for oils, waste and garbage under the existing 2003 regulations. There will be no new enforcement regime. He asked why it had taken so long to produce the regulations, considering that annexe 4 of MARPOL came into force in September 2003. The answer is to do with the nature of the consultation that we have undertaken. We initially consulted on the regulations in 2005. After considering responses to the consultation from the industry, we felt that further discussion with the European Commission and other member states was needed to clarify the intention of the 2000 directive about sewage. Directive 2007/71/EC provided the helpful clarification needed. Once the 2007 directive was introduced, we were able to publish further consultation with amended regulations for the industry to consider. It is to try to accommodate as best we can the concerns of the industry that we have undergone this second consultation process and the process of clarification with the Commission. I think that we have met most of the points of concern raised. We have sought to keep the new burdens to a minimum. I stress again that the new burdens do not require ports themselves to build sewage treatment facilities, but require them to have contracting arrangements in place to comply with the new requirements. On that basis, we think that this is a fair way to meet our international obligations. Motion agreed.