Port Policy on Open Loop Scrubbers

Port policy on evidence gathering for enforcement and prohibition of open-loop scrubber wash water discharges within Milford Haven.

Notice Summary

This Annual Standing Notice to Mariners (ANTM) consolidates and replaces:
•    ANTM 14 – Warning that photographs and video may be used as evidence, and
•    ANTM 24 – Policy on the use of open-loop exhaust gas scrubbers.

The Notice sets out MHPA policy on regulatory enforcement, including the collection of evidence, and the environmental policy prohibiting the discharge of open-loop exhaust gas scrubber wash water within the Port’s jurisdiction. These measures support MHPA’s statutory duties under the Ports and Marine Facilities Safety Code, environmental legislation, and the Milford Haven Conservancy Act.

Further detail, including enforcement policy and supporting documentation, is available on the Port of Milford Haven website. www.mhpa.co.uk. 

1. Enforcement, Evidence and Surveillance
   1. Mariners are reminded that Milford Haven Port Authority (MHPA) is committed to compliance with the Port Marine Safety Code, which requires the Harbour Authority to regulate vessel conduct and, where necessary, take enforcement action.
   2. MHPA recognises that the majority of Haven users seek to comply with legal and safety requirements. Where possible, the Authority will provide advice and assistance to facilitate compliance. However, firm action, including prosecution, may be taken against those who act irresponsibly or in breach of applicable legislation.
   3. Authorised officers of MHPA may collect such evidence as they consider necessary where an offence or breach is suspected. This may include:
      1. Photographs;
      2. Video footage;
      3. Radar images; and
      4. Recordings of VHF radio and telephone communications with Milford Haven VTS.
   4. MHPA hereby gives public notice that, within its jurisdiction, photographs, radar images, video footage, and recorded communications may be taken of vessels, persons on board, or other individuals suspected of breaking the law. Such material may be used by MHPA and other enforcement agencies as evidence in legal proceedings.
   5. This Notice is issued to provide transparency. MHPA will not conduct covert surveillance and will not collect private information unrelated to lawful enforcement activities.
2. Policy on the Use of Open-Loop Exhaust Gas Scrubbers
   1. Mariners are advised that this section sets out MHPA’s policy on the prohibition of the discharge of exhaust gas scrubber wash water within waters under its jurisdiction, as defined by the Milford Haven Conservancy Act 1983 and subsequent legislation.
   2. The policy is informed by, and consistent with, relevant environmental legislation and guidance, including:
      1. Habitats Directive (92/43/EEC);
      2. Water Framework Directive (2000/60/EC); and
      3. Environmental Quality Standards Directive (2008/105/EC).
   3. The tightening of sulphur limits under IMO 2020 has encouraged the use of exhaust gas scrubbers. While scrubbers may reduce atmospheric emissions, wash water discharges - particularly from open-loop systems - may contain heavy metals, PAHs, nitrogen compounds, and acidic effluent with potential adverse impacts on marine ecosystems.
   4. Natural Resources Wales (NRW), in consultation with the Maritime and Coastguard Agency (MCA), advises that acceptable compliance options for coastal waters are:
      1. The use of ultra-low sulphur fuel, or
      2. The use of closed-loop exhaust gas scrubber systems.
         By extension, open-loop scrubbers are not considered an acceptable option in coastal waters.
   5. NRW further advises that the discharge of scrubber wash water constitutes the deposit of waste into the marine environment, which would require a marine licence under the Marine and Coastal Access Act 2009 (as amended). There is no assurance that such a licence would be granted.
   6. Given the presence of Natura 2000 sites and other Marine Protected Areas, including SSSI and the SAC, within the Milford Haven Waterway, and MHPA’s duties as a Competent Authority under the Conservation of Habitats and Species Regulations, MHPA applies the Precautionary Principle.
   7. Accordingly, it is MHPA policy that wash water from exhaust gas scrubber systems shall not be discharged to surface waters within its jurisdiction, unless expressly authorised by a valid marine licence issued by NRW.
3. This Notice will self-cancel at 23:59hrs on 31st December 2026.