Republic of Latvia Cabinet Regulation No. 193 Adopted 22 March 2022

Procedures for the Reception of Ship Generated Waste and Procedures for the Development of the Plans for the Management of Ship Generated Waste

Issued pursuant to
Section 7, Paragraph two, Clause 6 of the Law on Ports

I. General Provisions

1. The Regulation prescribes the procedures for the reception of ship generated waste and polluted water, and the procedures for the development of the plans for the management of ship generated waste.

2. The following terms are used in the Regulation:

2.1. ship - a seagoing vessel of any type operating in the marine environment, including fishing vessel, recreational craft, and also hydrofoil boat, air cushion vessel, submersible, and vessel;

2.2. recreational craft - a ship of any type with a hull length of 2.5 metres or more (regardless of the means of propulsion) which is intended for sports or leisure purposes, and not engaged in commercial activity;

2.3. fishing vessel - any ship equipped or used industrially for catching fish or other living resources from the sea;

2.4. ship generated waste - all waste, including cargo residues, which is generated during the service of a ship and during cargo operations and which falls within the scope of Annexes I, II, IV, V, and VI to the International Convention for the Prevention of Pollution from Ships of 1973 and its Protocol of 1978 in the up-to-date version (hereinafter - the MARPOL Convention), as well as passively fished waste. Ship generated waste shall be considered to be waste within the meaning of the Waste Management Law;

2.5. cargo residues - the remnants of any cargo material on board which remain on the deck or in holds or tanks, including loading and unloading excess or spillage, whether in wet or dry condition or entrained in wash-water, except for the cargo dust remaining on the deck after sweeping or dust of the external surfaces of the ship;

2.6. passively fished waste - waste collected in nets during fishing operations;

2.7. marina - a berth in or outside a port or an appropriately equipped aquatorium or its part where recreational craft may moor (in conformity with the definition thereof in the laws and regulations regarding port formalities);

2.8. port waste reception facility - any facility which is fixed, floating, or mobile and capable of receiving the ship generated waste;

2.9. waste treatment - recovery or disposal operations, including preparation of waste prior to recovery or disposal in conformity with the laws and regulations regarding waste management;

2.10. sufficient waste storage capacity - enough capacity which is determined in conformity with Commission Implementing Regulation (EU) 2022/89 of 21 January 2022 laying down rules for the application of Directive (EU) 2019/883 of the European Parliament and of the Council as regards the method to be used for the calculation of sufficient dedicated storage capacity (hereinafter - Regulation (EU) 2022/89). Waste storage capacity must be sufficient to store the waste on board from the moment of departure until the next port of call, including the waste that is likely to be generated during the voyage;

2.11. frequent port calls - visits by a ship to the same port taking place at least once a fortnight;

2.12. regular port calls - repeated voyages of the same ship forming a constant pattern between identified ports or a series of voyages from and to the same port without intermediate calls;

2.13. scheduled traffic - traffic based on a published or planned list of times of departures and arrivals between identified ports or recurrent crossings that constitute a set of recognised systematic voyages.

3. The Regulation shall apply to:

3.1. all ships, irrespective of their flag, calling at or operating within any port of Latvia;

3.2. all ports of Latvia normally visited by ships falling within the scope of Sub-paragraph 3.1 of this Regulation.

4. This Regulation shall not apply to:

4.1. ships which are engaged in port services in accordance with Article 1(2) of Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports;

4.2. warships, naval auxiliaries, or other ships which are in the ownership or use of any country and which are used by the abovementioned country in the relevant time period only for the needs of the country and for non-commercial purposes.

5. The ships referred to in Paragraph 4 of this Regulation shall, according to the possibilities, deliver ship generated waste in accordance with the requirements of this Regulation. The ships referred to in Sub-paragraph 4.2 of this Regulation (except for warships and naval auxiliaries) shall, in delivering ship generated waste, conform to the requirements laid down in the laws and regulations of Latvia and the international agreements binding to Latvia in relation to the management of ship generated waste, except for the requirement referred to in Paragraph 8 of this Regulation to submit a prior notice regarding delivery of waste and the requirement referred to in Paragraph 52 of this Regulation to submit the information of the waste delivery receipt.

6. The indirect fee referred to in Paragraph 21 of this Regulation shall not be applied to ships at port anchorages.

7. In internal maritime waters and port aquatoriums of Latvia, the valves of the drainage systems of unpurified waters to ships shall be closed and sealed.

II. Delivery and Reception of Ship Generated Waste

8. The agent of the ship or, if none, a shipping company or the master of the ship shall, in accordance with the laws and regulations regarding port formalities, submit electronically a prior notice regarding delivery of waste (hereinafter - the prior notice) to the International Cargo Logistics and Port Information System (hereinafter - the SKLOIS System).

9. A ship shall, before leaving a port, deliver all the ship generated waste to port waste reception facilities, including the passively fished waste on board, in accordance with the requirements of the MARPOL Convention.

10. A ship may proceed to the next port of call without delivering the ship generated waste if:

10.1. according to the prior notice and the information indicated in the waste delivery receipt referred to in Annex 1 to this Regulation (hereinafter - the waste delivery receipt), there is sufficient dedicated waste storage capacity for all ship generated waste which has been accumulated and will be accumulated during the intended voyage of the ship until the next port of call. However, it shall not exempt the ship from the obligation to deliver all its waste if:

10.1.1. on the basis of the information available, including information which is electronically available in the European Union Maritime Information and Exchange System (hereinafter - the European Union SafeSeaNet System) or the Global Integrated Shipping Information System of the International Maritime Organisation (hereinafter - the GISIS System), it is not possible to determine whether appropriate port waste reception facilities are available at the next port of call;

10.1.2. the next port of call of the ship is not known;

10.2. the ship only calls at anchorage for less than 24 hours or under adverse weather conditions.

11. Notification regarding reception of ship generated waste in port waste reception facilities shall take place in accordance with Chapter VI of this Regulation.

12. The port authority or the authority ensuring port administration (hereinafter - the port authority) shall organise reception and management of ship generated waste, taking into account the type, dimensions, and capacity of the incoming ships, the quantity and type of ship generated waste, the exemptions provided for in this Regulation, and also the size and geographical location of the port in order to preclude the idle time and delay of the ship in the port. Management of the excess of cargo shall be ensured by the consignor or consignee.

13. The port authority or waste management merchant shall manage the received ship generated waste in conformity with the laws and regulations regarding waste management. The requirements laid down in Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal By-products Regulation) shall be applied to the management of catering waste received from the ships involved in international traffic.

14. The port authority shall ensure separate collection of ship generated waste in the port to facilitate the reuse and recycling thereof in conformity with the laws and regulations regarding waste management, management of separate types of hazardous waste, and management of waste from electrical and electronic equipment. The port waste reception facilities may receive separate fractions of ship generated waste in accordance with the waste categories laid down in the MARPOL Convention in conformity with the Guidelines for the Introduction to Annex V to the MARPOL Convention of the International Maritime Organisation in their up-to-date version.

15. The port authority shall ensure that the delivery or reception activities of ship generated waste in port waste reception facilities are carried out, using sufficient safety measures to prevent threats to human life and health and the port environment.

16. Any party involved in the delivery or reception of ship generated waste may request compensation of losses which have arisen in relation to undue delay caused by the formalities and practical aspects related to the use of the port waste reception facilities.

17. The operator of port waste reception facilities shall ensure employees with working conditions in accordance with the laws and regulations regarding safety at work, and also training regarding the technical aspects of waste management.

18. Small non-commercial ports or berths which are rarely entered by ships (mainly recreational crafts and small fishing vessels) and ports which are not used throughout the year and in which port waste reception facilities operate without the presence of a natural person or which are located far from populated areas, management of ship generated waste shall be ensured by a municipal waste manager which has been selected in accordance with the procedures laid down in the laws and regulations regarding waste management by the local government in the administrative territory of which the relevant port is located.

III. Fee for Reception of Ship Generated Waste

19. The port authority shall approve the fee for reception of ship generated waste. It shall consist of:

19.1. a direct fee for reception of ship generated waste (hereinafter - the direct fee);

19.2. an indirect fee for reception of ship generated waste (hereinafter - the indirect fee).

20. The indirect fee and the direct fee shall include the elements referred to in Annex 2 to this Regulation.

21. The operation costs of port waste reception facilities and the management costs shall be covered by the ships entering the port, paying the indirect fee. Ships shall pay the indirect fee regardless of whether they use or do not use port waste reception facilities.

22. The port authority shall calculate the indirect fee according to the category, type, size, and capacity of the ship entering the port.

23. The port authority shall determine the direct fee (the part of the fee for reception of ship generated waste which is not covered by the indirect fee), if any, according to the types and quantity of waste actually delivered by the ship.

24. The direct fee is not collected for:

24.1. delivery of ship generated waste (except for cargo residues) to port waste reception facilities. The direct fee shall be collected only if the quantity of waste delivered exceeds the maximum dedicated waste storage capacity on board the ship indicated in the prior notice;

24.2. delivery of passively fished waste.

25. The indirect fee shall not be applied to cargo residues and waste from exhaust clean-up systems. The ship shall cover their costs depending on the type and quantity of waste delivered.

26. The port authority shall ensure that an essential part of the direct operation costs of port waste reception facilities, conforming to at least 30 % of the total direct costs for actual delivery of ship generated waste to port waste reception facilities in the previous calendar year, is covered with the indirect fee, taking also into account the planned costs related to the foreseeable amount of traffic in the port in the following year to the extent possible.

27. The port authority shall use the collected indirect fee for the following purposes:

27.1. for the investments in fixed and mobile port waste reception facilities;

27.2. for ensuring the operation of port waste reception facilities;

27.3. for the repair and maintenance of port waste reception facilities;

27.4. for the reception and management of ship generated waste;

27.5. for the indirect administrative costs in accordance with Annex 2 to this Regulation.

28. The port authority has an obligation to inform port users of the amount, calculation procedures, and use of the indirect fee also if the indirect fee has been included in the total port fee.

29. The port authority has the right to reduce the indirect fee if the master of the ship can prove that the environmental management, structure, equipment, and servicing of the ship is such that the quantity of waste from the ship has been reduced in conformity with Commission Implementing Regulation (EU) 2022/91 of 21 January 2022 defining the criteria for determining that a ship produces reduced quantities of waste and manages its waste in a sustainable and environmentally sound manner in accordance with Directive (EU) 2019/883 of the European Parliament and of the Council, in conformity with introduction of Annex V to the Guidelines for the Introduction of the MARPOL Convention of the International Maritime Organisation.

30. Recreational craft shall pay the indirect fee for reception of ship generated waste.

31. Collection and processing costs of passively fished waste, if necessary, shall be covered from the income obtained from alternative financing systems, including from waste management schemes and from the available European Union, national, or regional financing.

IV. Port Waste Reception Facilities

32. Taking into account the operational needs of the port users, the size, geographical location of the port, and the type of ships calling at that port, port waste reception facilities shall be considered to be corresponding if they are able to receive waste of the relevant type and quantity and cargo residues from ships which usually use the relevant port, without causing undue delay for the ship.

33. If the master of the ship flying the flag of Latvia detects non-conformity of port waste reception facilities of a foreign port, the master of the ship shall fill in a report form on non-conformity of port waste reception facilities (Annex 3) and submit it to valsts sabiedrība ar ierobežotu atbildību "Latvijas Jūras administrācija" (State limited liability company Maritime Administration of Latvia) (hereinafter - the Maritime Administration of Latvia). Using the forms and procedures laid down in the guidelines of the International Maritime Organisation for providers and users of port waste reception facilities, the Maritime Administration of Latvia shall, without delay, notify the competent authority of the port State and the International Maritime Organisation of the detected non-conformity of port waste reception facilities.

34. If the State Environmental Service (hereinafter - the Service) receives a report from the competent authority of a ship flying the flag of another State or the master of the ship on non-conformity of port waste reception facilities at a port of Latvia, the Service shall conduct an investigation regarding non-conformity of the abovementioned facilities and, using the forms and procedures laid down in the guidelines of the International Maritime Organisation for providers and users of port waste reception facilities, notify, without delay, the International Maritime Organisation and the competent authority of the flag State of the ship of the results of the investigation.

35. Oily waste shall be received in dedicated waste reception ships, tank vehicles, or port waste reception facilities, using pipelines specially intended for this purpose. It is prohibited to use pipelines intended for pumping of other liquids for the reception of oily waste.

36. If port berths are specially equipped for loading of noxious liquid substances, the consignor or consignee shall ensure reception of waters containing such substances, and also provide for their storage and processing.

37. Waste water from a ship shall be discharged to the waste reception ship or on-shore waste reception facilities or tank vehicle via pipelines specially intended for this purpose, using the pumping system of the ship. It is prohibited to use pipelines intended for pumping of other liquids for the discharge of waste water.

38. Pipelines (and connections of pipelines) through which oily waste or waste water is pumped shall conform to the requirements of Regulation 13 of Annex I and Regulation 10 of Annex IV to the MARPOL Convention.

39. The manager of the marina shall ensure reception of ship generated waste from the recreational craft entering the port under its management, including from yachts.

40. The manager of the marina shall ensure equipping of the port under its management with:

40.1. toilets operating all hours of the day;

40.2. at least such individual containers which are intended for food waste, paper, plastic waste, and other municipal waste, and also operational waste of the ship.

V. Exemptions

41. The port authority may, after coordination with the Service, exempt ships which are engaged in scheduled traffic and frequently and regularly call at the particular port from the fulfilment of the requirements referred to in Paragraphs 8, 9, and 21 of this Regulation if delivery of waste from such ships and payment for it are ensured in the ports which are on the route of the ship and the following conditions are met:

41.1. there is an agreement on delivery of waste and payment for it in the port which is part of the route of the ship and:

41.1.1. it is proven by a contract signed with the port or waste manager and by waste delivery receipts;

41.1.2. it has been notified to all ports on the route of the ship;

41.1.3. it has been accepted by the port in which delivery of ship generated waste and payment take place and which may be a port of the European Union or another port where appropriate facilities are available on the basis of information notified electronically in the European Union SafeSeaNet System and the GISIS System;

41.2. the exemption does not have a negative impact on the maritime safety, health, shipboard living or working conditions or on the marine environment.

42. In order to exempt the ship which is engaged in scheduled traffic and frequently and regularly calls at the particular port from the fulfilment of the requirements referred to in Paragraphs 8, 9, and 21 of this Regulation, the master of the ship, the owner of the ship, or the operator of the ship shall submit a relevant application to the port authority. The following shall be indicated in the application:

42.1. the port in which the ship regularly delivers waste from the ship;

42.2. the frequency with which the ship enters the port;

42.3. the duration of the voyage;

42.4. the capacity of waste storage tanks or containers of the ship;

42.5. the information referred to in Sub-paragraph 41.1 of this Regulation.

43. The port authority shall issue the certificate for granting the exemption referred to in Annex 4 to this Regulation (hereinafter - the exemption certificate) to the ship which is engaged in scheduled traffic, frequently and regularly calls at the particular port, and conforms to the requirements referred to in Paragraph 41 of this Regulation.

44. The port authority shall notify electronically the information referred to in Annex 4 to this Regulation in the European Union SafeSeaNet System on the ships which have received the exemption certificate. The port authority shall, without delay, inform the Service about each ship to which the exemption certificate has been issued.

45. The Service shall inform the Baltic Marine Environment Protection Commission (hereinafter - the Helsinki Commission) about the ships which have been exempted from the fulfilment of the requirements referred to in Paragraphs 9 and 21 of this Regulation.

46. Regardless of the exemption granted, the ship shall not go to the next port if it does not have sufficient waste storage capacity specified in conformity with Regulation (EU) 2022/89 in order to store all ship generated waste accumulated and to be accumulated in the planned voyage of the ship until the next port.

47. The authority of the relevant port and the Service shall control the fulfilment of the conditions referred to in Paragraph 41 of this Regulation. If the Service detects a non-conformity, it shall, without delay, notify the relevant port authority.

48. If it is detected that any of the conditions referred to in Paragraph 41 of this Regulation is not fulfilled, the authority of the relevant port shall, after harmonisation with the Service, take the decision to cancel the exemption certificate and notify electronically of the decision taken in the European Union SafeSeaNet System without delay.

VI. Information on Reception and Control of Ship Generated Waste

49. The master of the ship shall ensure that entries in the Garbage Record Book, Oil Record Book, or Cargo Record Book regarding delivery of ship generated waste and cargo residues at the port are made in accordance with the requirements of the MARPOL Convention. If the requirements of the MARPOL Convention regarding the Garbage Record Book, Oil Record Book, or Cargo Record Book do not apply to the ship, the abovementioned entries shall be made in the logbook.

50. When receiving ship generated waste, the operator of the mobile and fixed port waste reception facilities or the ship generated waste manager, or the authority of such port in which waste has been delivered shall issue the waste delivery receipt to the master of the ship.

51. The operator of the mobile and fixed port waste reception facilities or the ship generated waste manager, or the authority of such port in which waste has been delivered shall enter the information of the waste delivery receipt in the electronic reception system for ship generated waste. If the relevant master of the ship agrees to it, the waste delivery receipt referred to in Paragraph 50 of this Regulation may also be issued to the master of the ship in the electronic reception system for ship generated waste.

52. If the obligation laid down in the laws and regulations regarding port formalities to submit a prior notice applies to the ship, the agent of the ship or, if none, the shipping company or the master of the ship shall, before the ship leaves the port or as soon as the waste delivery receipt is received, submit the information of the waste delivery receipt in the SKLOIS System.

53. The master of the ship shall ensure that the received waste delivery receipt together with entries in the corresponding logbooks are available on board for at least two years from the moment of receipt of the information and it shall be made available to the competent authorities upon request.

54. Paragraph 50 of this Regulation shall not be applied to the ports or berths referred to in Paragraph 18 of this Regulation. The Service shall notify electronically the names and location coordinates of the abovementioned ports or berths in the European Union SafeSeaNet System.

55. The Service shall compile information on the management of ship generated waste in ports of Latvia.

56. If the ship has not delivered ship generated waste in the port in accordance with the procedures laid down in this Regulation, inspectors of the ship and port control shall detain the ship until the moment when an assessment of conformity of delivery of ship generated waste with this Regulation is completed and the ship generated waste is delivered in accordance with the requirements of this Regulation.

57. If the ship has entered the sea and has not delivered ship generated waste in the port in accordance with the procedures laid down in this Regulation, the Service shall inform the Coast Guard Service thereof. The Coast Guard Service shall inform the relevant competent authority of the next port in accordance with the laws and regulations regarding the procedures for the use of Latvian waters and the navigation regime therein.

58. The operator of port waste reception facilities or the waste manager shall ensure that, in conformity with Table 3 of Annex to Commission Implementing Regulation (EU) 2022/92 of 21 January 2022 laying down rules for the application of Directive (EU) 2019/883 of the European Parliament and of the Council as regards monitoring data methodologies and the format for reporting passively fished waste (hereinafter - Regulation (EU) 2022/92), monitoring data regarding the amount and quantity of passively fished waste is collected and the compiled information (Annex 5) on the passively fished waste received in the previous year is sent to the Service by 15 March of the economic year following the reporting year. The Service shall compile the data submitted by the operators of port waste reception facilities or waste managers and notify them to the European Commission within the time period laid down in Regulation (EU) 2002/92.

59. The operator of port waste reception facilities or the ship generated waste manager, or the authority of such port in which waste has been delivered shall, on a quarterly basis, submit electronically a report to the Service on reception of ship generated waste (Annex 6). The report shall be submitted within the following time periods:

59.1. for the period of time from 1 January until 30 March of the current year - by 30 April of the current year;

59.2. for the period of time from 1 April until 30 June of the current year - by 30 July of the current year;

59.3. for the period of time from 1 July until 30 September of the current year - by 30 October of the current year;

59.4. for the period of time from 1 October until 31 December of the current year - by 31 January of the following year.

60. In addition to the requirements laid down in the laws and regulations regarding the safety of seagoing fishing vessels in relation to the prevention of waste pollution, fishing vessels which carry out fishing beyond the coastal band and which are more than 12 metres in length shall ensure separate collection of passively fished waste on board.

61. The Service shall control the conformity with the requirements of this Regulation in relation to reception of ship generated waste and delivery of ship generated waste before the ship leaves the port.

62. The Service shall ensure control of the ships referred to in Paragraph 61 of this Regulation to the extent which conforms to at least 15 % of the average number of such individual ships which have called at ports of Latvia within the previous three years and to which the laws and regulations regarding port formalities apply in relation to submission of the prior notice.

63. The Service shall perform selection of the ships to be inspected in conformity with Commission Implementing Regulation (EU) 2022/90 of 21 January 2022 laying down rules for the application of Directive (EU) 2019/883 of the European Parliament and of the Council, insofar as it regards the detailed elements of the Union risk-based targeting mechanism for selecting ships for inspection. The Service shall, in conformity with the possibilities, also control the ships to which the laws and regulations regarding port formalities do not apply in relation to submission of the prior notice.

64. The Service shall, without delay, enter the information on the performed control of the ship, including information on non-conformities and orders issued on the prohibition of departure of the ship, in the inspection database maintained by the European Commission (THETIS-EU), as soon as one or several of the following activities has been carried out:

64.1. the deed of inspection has been completed;

64.2. the order on the prohibition of departure of the ship has been revoked;

64.3. it has been detected that exemption in accordance with this Regulation has been granted to the ship.

VII. Procedures for the Development of Plans for the Reception and Management of Ship Generated Waste

65. The port authority shall develop a plan for the reception and management of ship generated waste (hereinafter - the plan for the management of ship generated waste) for the relevant port for the period of five years, ensuring its discussion with the parties involved and the interested persons before approval thereof.

66. Authorities of several ports may develop a joint plan for the management of ship generated waste, providing for a separate chapter regarding management of ship generated waste in the plan for each port and conforming to the needs of each port according to the port waste reception facilities. The plan for the management of ship generated waste shall be approved by the board of the port. If authorities of several ports have developed a joint plan, it shall be approved by the board of each port or the authority ensuring the port administration.

67. The plan for the management of ship generated waste shall apply, according to the size of the port and the types of the ships entering the port, to all types of ship generated waste usually calling at the port.

68. In developing the plan for the management of ship generated waste, the port authority shall take into account:

68.1. the recommendations of the International Maritime Organisation regarding waste reception facilities at ports;

68.2. the requirements of the Convention on the Protection of the Marine Environment of the Baltic Sea Area of 9 April 1992 and the recommendations of the Helsinki Commission.

69. The following shall be included in the plan for the management of ship generated waste:

69.1. the procedures for the management of ship generated waste, including the following detailed descriptions:

69.1.1. the evaluation of the necessity for port waste reception facilities, taking into account the needs of such ships which usually call at the port;

69.1.2. the information on the type and capacity of port waste reception facilities;

69.1.3. a description of the procedures for the reception and collection of ship generated waste;

69.1.4. the information on the application of the indirect fee and the direct fee (Annex 2);

69.1.5. a description of the procedure in accordance with which a potential non-conformity of port waste reception facilities is reported;

69.1.6. a description of the procedure in accordance with which discussing of a draft plan for the management of ship generated waste with the users of the port, the waste managers, the operators of terminals, and other interested persons takes place;

69.1.7. a report on the types and quantities of such waste which has been received from ships and processed in port waste reception facilities;

69.2. in addition to the information referred to in Sub-paragraph 69.1 of this Regulation, the plans for the management of ship generated waste shall also include:

69.2.1. a summary of the relevant legal acts, and also the procedure and formalities for the delivery of ship generated waste in port waste reception facilities;

69.2.2. the information on the persons who are responsible for the introduction and fulfilment of the waste management plan;

69.2.3. for the specific streams of waste categories referred to in Annexes to the MARPOL Convention (for example, plastic, oil, passively fished waste), a description of the pre-processing equipment and processes intended in the port, and also a description of the equipment and processes intended for pre-processing of waters containing noxious liquid substances (in ports where unloading of noxious liquid substances and tank pre-washing take place);

69.2.4. the information on the methods which are used in order to determine the actual amount of workload of port waste reception facilities;

69.2.5. the information on the methods which are used in the management of different waste streams and in the registration of waste volumes delivered by ships.

70. The port authority shall coordinate the plan for the management of ship generated waste with the Service before its approval. The port authority shall ensure that ship generated waste in a port is managed in conformity with the plan for the management of ship generated waste.

71. The port authority shall, in conformity with the possibilities, ensure that the procedures for the reception, collection, storage, processing, and disposal of ship generated waste conform to the environmental management programme in accordance with Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC.

72. The port authority shall update the plan for the management of ship generated waste at least once in five years, and also if significant changes in the operation of the port occur. Such changes shall be considered as significant changes in the operation of the port which affect the conformity and implementation of the waste management plan, for example, significant expansion of the operation of the port, changes in the types and amounts of loaded cargoes, changes in the quantity and type of ships entering, significant changes in the waste management system, changes in the demand for port waste reception facilities and the provision with them, and new treatment facilities on board. The port authority or the authority ensuring the port management shall, after coordination with the Service, approve the updated plan for the management of ship generated waste.

73. If no significant changes in the operation of the port have occurred within the time period of five years referred to in Paragraph 72 of this Regulation, re-approval of the plan for the management of ship generated waste may manifest as approval of the current plan for the management of ship generated waste. The port authority shall inform the Service of re-approval of the current plan for the management of ship generated waste.

74. The port authority shall ensure that all users of the port have public access to the following information in Latvian and English:

74.1. a description and a scheme or map, and also working hours of the location of port waste reception facilities;

74.2. a list of ship generated waste received in the port;

74.3. the information on waste managers (name, address, and telephone number), and also on the services offered thereby;

74.4. a description of the process (procedure) of waste delivery;

74.5. the procedures for making payment for the receipt of ship generated waste, including a description of the cost recovery system, also waste management schemes and funds in the relevant case (Annex 2);

74.6. the procedures for notifying a non-conformity of port waste reception facilities;

74.7. a reminder regarding the importance of correct delivery of ship generated waste and cargo residues.

75. The port authority shall indicate the information referred to in Sub-paragraphs 74.1, 74.2, 74.3, 74.4, and 74.5 of this Regulation on the website of the port and regularly update it. The Service shall notify the information referred to in Sub-paragraphs 74.1, 74.2, 74.3, 74.4, and 74.5 of this Regulation in the European Union SafeSeaNet System and regularly update it.

76. The Service shall control how the port authority implements the plan for the management of ship generated waste.

77. The authority of the port referred to in Paragraph 18 of this Regulation need not develop the plan for the management of ship generated waste if the port authority has entered into a contract regarding the management of ship generated waste received in the port waste reception facilities with a municipal waste manager which has been selected, in accordance with the procedures laid down in the laws and regulations regarding waste management, by the local government in the administrative territory of which the relevant port is located.

78. The authority of the port referred to in Paragraph 18 of this Regulation shall ensure that the information on the waste management system in the port in accordance with Sub-paragraph 74.3 of this Regulation is available to the users of the abovementioned port, and also inform the Service of the fact that the plan for the management of ship generated waste of the relevant port will not be developed.

79. The Service shall notify electronically the names and location of the ports referred to in Paragraph 77 of this Regulation in the European Union SafeSeaNet System.

VIII. Closing Provisions

80. Cabinet Regulation No. 455 of 8 October 2002, Procedures for Reception of Ship-generated Waste and Polluted Water and for Development of a Ship-generated Waste Handling Plan (Latvijas Vēstnesis, 2002, No. 159; 2004, No. 204; 2006, No. 26; 2009, No. 92; 2014, No. 236; 2018, No. 251), is repealed.

81. The port authority shall, by 1 June 2023, review the plan for the management of ship generated waste which has been approved until the moment of coming into force of this Regulation and update it or develop a new plan for the management of ship generated waste in conformity with the requirements of this Regulation.

82. Paragraph 51 of this Regulation shall come into force on 1 January 2024.

83. Paragraph 52 of this Regulation shall come into force on 1 January 2024.

84. The waste delivery receipt shall be filled in by 31 December 2023 and sent to the Service and the master of the ship in conformity with the requirements referred to in Paragraph 31 of Cabinet Regulation No. 455 of 8 October 2002, Procedures for Reception of Ship-generated Waste and Polluted Water and for Development of a Ship-generated Waste Handling Plan.

Informative Reference to a Directive of the European Union

The Regulation contains legal norms arising from Directive 2019/883/EU of the European Parliament and of the Council of 17 April 2019 on waste reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC.

Prime Minister A. K. Kariņš

Minister for Environmental Protection and Regional Development A. T. Plešs

 

Annex 1
Cabinet Regulation No. 193
22 March 2022

Waste Delivery Receipt

1. Port waste reception facility and ports particulars

1.1.	Location/terminal name
1.2.	Port waste reception facility provider(s)
1.3.	Treatment facility provider(s) if different from that referred to in Paragraph 1.2
1.4.	Waste delivery date and time	from ___________________ to _____________________

2. Ship particulars

2.1. Name of the ship		2.5. Owner or operator
2.2. IMO number		2.6. Identification number or letters MMSI (Maritime Mobile Service Identity) number
2.3. Gross tonnage		2.7. Flag State
2.4. Type of ship:
Oil tanker	Chemical tanker	Bulk carrier	Container
Other cargo ship	Passenger ship	Ro-ro	Other (specify) ______________

3. Type and amount of the waste accepted

Annex I to the MARPOL Convention - Oil	Quantity (m3)		Annex V to the MARPOL Convention - Garbage	Quantity (m3)
Oily bilge water			A. Plastics
Oily residues (sludge)			B. Food waste
Oily tank washings			C. Domestic waste (e.g. paper products, rags, glass, metal, bottles, earthenware and fine pottery)
Dirty ballast water
Scale and sludge from tank cleaning			D. Cooking oil
Other (please specify)			E. Incinerator ashes
			F. Operational waste
Annex II to the MARPOL Convention - Noxious Liquid Substances (NLS)	Quantity (m3) and name*		G. Animal carcass(es)
Category X substances			H. Fishing gear
Category Y substances			I. Wastes from electrical and electronic equipment
Category Z substances			J. Cargo residues** (non-harmful to the marine environment)
OS - Other substances (specify)			K. Cargo residues** (harmful to the marine environment)
Annex IV to the MARPOL Convention - Sewage	Quantity (m3)		Annex VI to the MARPOL Convention - Air Pollutants	Quantity (m3)
Waste water			Ozone-depleting substances and equipment containing such substances
			Exhaust gas-cleaning residues
			Other waste, not covered by the MARPOL Convention	Quantity (m3)
			Passively fished waste

Notes.

1. * Indicate the proper shipping name of the noxious liquid substance involved.

2. ** Indicate the proper shipping name of the dry cargo.

3. The representative appointed by the provider of waste reception facilities shall issue this receipt to the master of such ship which has delivered waste in accordance with Paragraph 9 of Cabinet Regulation No. 193 of 22 March 2022, Procedures for the Reception of Ship Generated Waste and Procedures for the Development of the Plans for the Management of Ship Generated Waste.

4. This receipt shall be stored on board together with the relevant Oil Record Book, Cargo Record Book, Garbage Record Book, or Garbage Management Plan in conformity with the MARPOL Convention.

 

Annex 2
Cabinet Regulation No. 193
22 March 2022

Categories of Costs and Net Revenues in Relation to the Operation and Administration of Port Waste Reception Facilities

1. Direct costs	2. Indirect costs	3. Net revenues
Direct operational costs that arise from the actual delivery of ship generated waste, including the cost items listed below:	Indirect administrative costs that arise from the management of the system in the port, including the cost items listed below:	Net revenues from waste management schemes and national/regional funding available, including the revenue elements listed below:
1.1. Provision of port waste reception facilities infrastructure, including the containers, tanks, processing tools, barges, trucks, waste reception facilities, treatment installations	2.1. Development and approval of the plan for the waste reception and management, including any audits of the abovementioned plan and its implementation	3.1. Net financial benefits provided by extended producer responsibility schemes
1.2. Concessions due for site leasing (if applicable) or for leasing the equipment necessary for the operation of port waste reception facilities	2.2. Updating the plan for the waste reception and management, including labour costs and consultancy costs, where applicable	3.2. Other net revenues from waste management (such as recycling) schemes
1.3. The actual operation of the port waste reception facilities: collection of ship generated waste, transport of waste from the port waste reception facilities for final treatment, maintenance and cleaning of port waste reception facilities, costs for staff, including costs for overtime, electricity, waste analysis, and insurance	2.3. Organising the consultation procedures for the (re)evaluation of the waste reception and management plan	3.3. Funding under the European Maritime and Fisheries Fund (EMFF)
1.4. Preparing for reuse, recycling, or disposal of the ship generated waste, including separate collection of waste	2.4. Management of the notification and cost recovery systems, including the application of reduced fees for 'green ships', the provision of IT systems at port level, statistical analysis and associated labour costs	3.4. Other funding or subsidies available to ports for waste management and fisheries
1.5. Administration: invoicing, issuing of waste delivery receipts to the ship, reporting	2.5. Organisation of public procurement procedures for the provision of port waste reception facilities, and also issuing of the necessary authorisations for the provision of port waste reception facilities in ports
	2.6. Communication of information to port users through the distribution of flyers, putting up signs and posters in the port, or publication of the information on the port's website, and electronic transmission of the information as required in Paragraph 74 of Cabinet Regulation No. 193 of 22 March 2022, Procedures for the Reception of Ship Generated Waste and Procedures for the Development of the Plans for the Management of Ship Generated Waste (hereinafter - the Regulation)
	2.7. Management of waste management schemes: extended producer responsibility schemes, recycling and application for and implementing of national/regional funds
	2.8. Other administrative costs: costs for monitoring and electronic reporting of exemptions required in Paragraphs 44, 47, and 48 of the Regulation

 

Annex 3
Cabinet Regulation No. 193
22 March 2022

Ziņojuma veidlapa par ostas atkritumu pieņemšanas iekārtu neatbilstību
REPORT FORM ON NON-COMPLIANCE OF PORT WASTE RECEPTION FACILITIES¹

1. Informācija par kuģi

Ship particulars

1.1. kuģa vārds
Name of ship
1.2. īpašnieks vai operators
Owner or operator
1.3. identifikācijas numurs vai burti
Distinctive number or letters
1.4. IMO identifikācijas numurs
IMO identification number2
1.5. bruto tilpība
Gross tonnage
1.6. pieraksta osta
Port of registry
1.7. karoga valsts
Flag State3
1.8. kuģa tips
Type of ship

Naftas tankkuģis/ Oil tanker	Ķīmiskais tankkuģis/ Chemical tanker
Beramkravu kuģis/ Bulk carrier	Cits kravas kuģis/ Other cargo ship
Pasažieru kuģis/ Passenger ship	Cits (norādiet)/ Other (specify) ___________

2. Informācija par ostu

Port particulars

2.1. valsts
Country
2.2. ostas vai rajona nosaukums
Name of port or area
2.3. atrašanās vieta/ termināļa nosaukums (piemēram, piestātne/ terminālis/ mols)
Location/ terminal name (e. g. berth/ terminal/ jetty)
2.4. ostas atkritumu pieņemšanas iekārtu apsaimniekošanas komercsabiedrības nosaukums (ja nepieciešams)
Name of company operating the port waste reception facility (if applicable)

2.5. operāciju veids ostā

Type of port operation:

Izkraušanas osta/ Unloading port	Iekraušanas osta/ Loading port
Kuģu būvētava/ Shipyard	Cits (norādiet)/ Other (specify)

2.6. datums, kad kuģis ienācis ostā
Date of arrival	__/__/____ (dd/mm/yyyy)
2.7. notikuma datums
Date of occurrence	__/__/____ (dd/mm/yyyy)
2.8. datums, kad kuģis izgājis no ostas
Date of departure	__/__/____ (dd/mm/yyyy)

3. Pieņemšanas iekārtu neatbilstība

Non-compliance of facilities

3.1. kuģu radīto atkritumu / pārpalikumu daudzums un veids, attiecībā uz kuriem tika konstatēta ostas atkritumu pieņemšanas iekārtu neatbilstība, un radušās problēmas veids

Type and amount of wastes/ residues for which the port waste reception facility was inadequate and nature of problems encountered

Atkritumu/ pārpalikumu veids Type of wastes/ residues	Nododamo atkritumu daudzums Amount for discharge (m3)	Nepieņemto atkritumu daudzums Amount not accepted (m3)	ProblēmasProblems encountered Norādiet radušos problēmu, izmantojot vienu vai vairākus attiecīgos koda burtus Indicate the problems encountered by using one or more of the following code letters, as appropriate. A - Iekārtas nav pieejamas/ No facility available B - Nepamatota kavēšanās/ Undue delay C - Iekārtu izmantošana tehniski nav iespējama/ Use of facility technically not possible D - Neērta atrašanās vieta / Inconvenient location E - Kuģim bija jāmaina piestātne, izraisot kavēšanos/ papildu izmaksas/ Vessel had to shift berth involving delay/ cost F - Nepamatotas iekārtu izmantošanas izmaksas/ Unreasonable charges for use of facilities G - Citas (lūdzu, norādiet 3.2. punktā)/ Other (please specify in paragraph 3.2)
MARPOL I pielikums MARPOL Annex I-related
Sateču ūdeņi Oily bilge water
Naftas atliekas (nosēdumi) Oily residues (sludge)
Naftu saturoši kravas tanku mazgājamie ūdeņi Oily tank washings (slops)
Netīrie balasta ūdeņi Dirty ballast water
Naftas nosēdumi pēc kravas tanku mazgāšanas Scale and sludge from tank cleaning
Citi (lūdzu, norādiet ………….) Other (please specify …………)
MARPOL II pielikums MARPOL Annex II-related
Kaitīgās šķidrās vielas no tilpņu mazgāšanas, kuras paredzēts nodot Category of NLS4 residue/ water mixture for discharge to facility from tank washings
X kategorijas viela Category X substance
Y kategorijas viela Category Y substance
Z kategorijas viela Category Z substance
MARPOL IV pielikums MARPOL Annex IV-related
Notekūdeņi Sewage
MARPOL V pielikums MARPOL Annex V-related
A. Plastmasa Plastics
B. Pārtikas atkritumi Food waste
C. Sadzīves atkritumi (piemēram, papīra izstrādājumi, lupatas, stikls, metāls, pudeles, trauki) Domestic wastes (e. g. paper products, rags, glass, metal, bottles, crockery, etc.)
D. Cepamā eļļa Cooking oil
E. Pelni no atkritumu dedzināmās krāsns Incinerator ashes
F. Ekspluatācijas atkritumi Operational waste
G. Dzīvnieku kautķermeņi (arī dzīvnieku līķi) Animal carcasses
H. Zvejas rīki Fishing gear
I. Elektrisko un elektronisko iekārtu atkritumi E-waste
J. Kravas pārpalikumi (nebīstami jūras videi) Cargo residues (non-HME)
K. Kravas pārpalikumi (bīstami jūras videi) Cargo residues (HME)5
MARPOL VI pielikums MARPOL Annex VI-related
Ozona slāni noārdošas vielas un šādas vielas saturošs aprīkojums Ozone-depleting substances and equipment containing such substances
Izplūdes gāzu attīrīšanas procesā radušies atlikumi Exhaust gas-cleaning residues

3.2. papildu informācija par tabulā norādītajām problēmām Additional information with regard to the problems identified in the above table

3.3. vai problēma tika pārrunāta ar ostas atkritumu apsaimniekotāju, vai par to ir ziņots ostas atkritumu apsaimniekotājam? Did you discuss these problems or report them to the port waste manager?
Jā/Yes	Nē/No

Ja "Jā", lūdzu, norādiet, ar ko tika pārrunāts vai kam ziņots If Yes, with whom (please specify)

Ja "Jā", lūdzu, norādiet, kāda bija ostas atkritumu apsaimniekotāja atbilde uz jūsu aizrādījumiem If Yes, please specify what was the response of the port waste manager to your concerns

3.4. vai iesniedzāt iepriekšēju paziņojumu (saskaņā ar ostas noteikumiem) par kuģa prasībām ostas atkritumu pieņemšanas iekārtām? Did you give prior notification (in accordance with relevant port requirements) about the ship's requirements for port waste reception facilities?
Jā/Yes	Nē/No	Nav attiecināms/Not applicable

Ja "Jā", lūdzu, norādiet, vai saņēmāt pieņemšanas iekārtu pieejamības apliecinājumu? If Yes, did you receive confirmation on the availability of reception facilities?
Jā/Yes	Nē/No

4. Citas piezīmes/ komentāri Additional remarks/comments

Kapteiņa paraksts Master's signature

Datums Date __/__/____ (dd/mm/yyyy)

¹ Ziņojuma veidlapa apstiprināta IMO MEPC 53. sesijā./ This report form was approved by IMO MEPC 53.

² Saskaņā ar IMO kuģu identifikācijas numuru shēmu, ko pieņēmusi Organizācija ar Asamblejas rezolūciju A.1117(30)./ In accordance with the IMO ship identification number scheme, adopted by the Organization, Assembly resolution A.1117(30).

³ Tās valsts nosaukums, ar kuras karogu kuģim ir tiesības kuģot./ The name of the State whose flag the ship is entitled to fly.

⁴ Norādiet 3.2. punktā precīzu attiecīgās kaitīgās šķidrās vielas oficiālo kravas nosaukumu un to, vai viela ir noteikta kā "cietējoša" vai "augstas viskozitātes" viela atbilstoši MARPOL II pielikuma 1. noteikuma attiecīgi 15.1. un 17.1. paragrāfam./ Indicate, in paragraph 3.2, the proper shipping name of the NLS involved and whether the substance is designated as "solidifying" or "high viscosity" as per MARPOL Annex II, regulation 1, paragraphs 15.1 and 17.1 respectively.

⁵ Norādiet sauskravas oficiālo kravas nosaukumu./ Indicate the proper shipping name of the dry cargo.

 

Annex 4
Cabinet Regulation No. 193
22 March 2022

Exemption Certificate

in conformity with Paragraph 43 of Cabinet Regulation No. 193 of 22 March 2022, Procedures for the Reception of Ship Generated Waste and Procedures for the Development of the Plans for the Management of Ship Generated Waste, in relation to the requirements laid down in Paragraphs 8, 9, and 21 of the abovementioned Regulation*,

in port(s) of Latvia

____________________________________
(name(s) of port(s))

Name of the ship ________________________	Distinctive number or letters ____________________________ (IMO number)	Flag State ___________________
is in scheduled traffic with frequent and regular port calls at the following port(s) of Latvia in accordance with a schedule or predetermined route: […]
and calls at these ports at least once a fortnight: […]
and has made an arrangement to ensure the payment of the fees and the delivery of waste to the port or a third party at the port of: […]
and thus in accordance with Paragraph 43 of Cabinet Regulation No. 193 of 22 March 2022, Procedures for the Reception of Ship Generated Waste and Procedures for the Development of the Plans for the Management of Ship Generated Waste, is exempted from the fulfilment of the following requirements: mandatory delivery of waste the payment of the mandatory fee, at the following port(s): _______________________________________________________________________ (name(s) of port(s)) provision of the prior waste notice in accordance with Paragraph 46 of Cabinet Regulation No. 339 of 15 May 2012, Regulations Regarding Port Formalities
The exemption certificate is valid until [insert date], unless the grounds for issuing the certificate are changed before the abovementioned date.
Place and date	Responsible official ______________________________________ (given name, surname, position)

Note. * Delete if not appropriate.

 

Annex 5
Cabinet Regulation No. 193
22 March 2022

Information on the Amount and Quantity of Passively Fished Waste

Name of the commercial company receiving/managing ship generated waste
Port from which waste has been received

Address, e-mail, telephone number

Report on passively fished waste received in 20

	Fished derelict and lost fishing gear and parts thereof		Other fished waste
	m3	tonnes	m3	tonnes
Passively fished waste received in total
Passively fished waste in division according to types/fractions
	m3	tonnes	m3	tonnes
Plastic
Metal
Rubber
Hazardous waste
Wood, textile, and other waste

Head of the commercial company
	(given name, surname, signature*)

		Place for a seal*
Date*

Note. * The details of the document "signature", "place for a seal", and "date" need not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding drawing up of electronic documents.

 

Annex 6
Cabinet Regulation No. 193
22 March 2022

Report on Receipt of Ship Generated Waste

Name of the commercial company receiving/managing ship generated waste
Address, telephone number

Report on waste received in ________________ quarter of 20

Name of the ship										QUARTERLY IN TOTAL
Date
Port
Annex I to the MARPOL Convention - Oil (m3)
Oily bilge water
Oily residues (sludge)
Oily tank washings
Dirty ballast water
Scale and sludge from tank cleaning
Other (please specify)
Annex II to the MARPOL Convention - Noxious Liquid Substances (NLS) (m3)
Category X substances
Category Y substances
Category Z substances
OS - Other substances (specify)
Annex IV to the MARPOL Convention - Sewage (m3)
Waste water
Annex V to the MARPOL Convention - Garbage (m3)
A. Plastics
B. Food waste
C. Domestic waste (e.g. paper products, rags, glass, metal, bottles, earthenware and fine pottery)
D. Cooking oil
E. Incinerator ashes
F. Operational waste
G. Animal carcasses
H. Fishing gear
I. Wastes from electrical and electronic equipment
J. Cargo residues** (non-harmful to the marine environment)
K. Cargo residues** (harmful to the marine environment)
Annex VI to the MARPOL Convention - Air Pollutants (m3)
Ozone-depleting substances and equipment containing such substances
Exhaust gas-cleaning residues
Other waste, not covered by the MARPOL Convention (m3)
Passively fished waste

Head of the commercial company
	(given name, surname, signature***)

		Place for a seal***
Date***

Notes.

1. * Indicate the proper shipping name of the noxious liquid substance involved.

2. ** Indicate the proper shipping name of the dry cargo.

3. *** The details of the document "signature", "place for a seal", and "date" need not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding drawing up of electronic documents.

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Translation © 2023 Valsts valodas centrs (State Language Centre)