Regulations on the prohibition on the discharge of sewage from recreational craft in the Oslofjord

The Ministry of Climate and Environment tasked the NMA, in cooperation with the Norwegian Environment Agency (NAE), with developing a prohibition on the discharge of sewage from recreational craft in the Oslofjord. The draft Regulations on the prohibition on the discharge of sewage from recreational craft in the Oslofjord were circulated for review between 5 January and 9 April 2024. A total of 33 consultative statements were received. Three statements did not include any comments on the proposal, and one was entirely positive. 

 

Following the consultation, two amendments have been made to the Regulations. An exemption has been added to section 4 (see subparagraph c). Recreational craft that are protected or given historical status by the Norwegian Directorate for Cultural Heritage are exempt from this prohibition. This change was made in response to feedback from the Norwegian Ship Preservation Association. The original section 6 has been removed from the Regulations. 

 

This provision granted the police supervisory authority for ensuring compliance with the Regulations. This amendment followed feedback from police districts around the Oslofjord indicating that the police lack clear authority to supervise recreational craft and sewage discharge. The possibility of introducing supervision provisions at a later date remains open. 

 

An overall review and compilation of the consultation statements can be found below. The consultation matrix, containing all consultative statements and comments, is attached to this Circular (only available in Norwegian). 

 

We received numerous and varied consultation statements. Unfortunately, it is not feasible to address every concern or resolve every issue when introducing new Regulations. One of the primary goals of these Regulations is to raise awareness about the discharge of sewage into the Oslofjord. Recreational craft owners affected by these Regulations likely reside near the Oslofjord and can play a significant role in improving their local environment by complying with these Regulations. While recreational craft themselves may not be a major source of sewage discharge, implementing this prohibition is a crucial step toward cleaner waters in the Oslofjord. These Regulations are part of a broader initiative aimed at improving the overall condition of the Oslofjord. 

 

Below is a compilation of the consultation statements categorized, with additional comments provided at the end of each category.

 

Nearly a third of the consultation statements highlighted the inadequate infrastructure for recreational craft owners to comply with the proposed Regulations. Many respondents emphasised that an organised and developed network of disposal facilities is essential for effectively enforcing the prohibition on sewage discharge from recreational craft in the Oslofjord. The increased demand for sewage disposal will necessitate additional facilities in municipalities surrounding the Oslofjord. 

 

In 2022, the Norwegian Environment Agency and the NMA prepared a report at the Ministry of Climate and Environment's request. According to this report, there were 44 reception facilities along the Oslofjord as of the autumn of 2022. Since then, three new reception facilities have been established: two in Færder municipality and one in Asker municipality. From autumn 2024 through autumn 2025, five new plants are planned: two in Færder municipality, one in Sandefjord municipality, one in Larvik municipality and one in Hvaler municipality (Edholmen marina). These facilities are expected to be operational by the autumn of 2025. In total, seven additional facilities are planned in Oslo and Asker municipality (dates pending) and one in Fredrikstad municipality.  

 

Currently, the capacity for recreational craft sailing in the Oslofjord to dispose of sewage waste is insufficient. However, ongoing initiatives aim to address this infrastructure gap, with several facilities planned to become operational in the coming year, significantly improving the situation. 

 

For the municipalities and relevant ports, it is important to clarify how the new Regulations will interact with chapter 20 of the Environmental Safety Regulations on the delivery and reception of waste from ships. Several municipalities have noted that current end-user financing does not fully cover establishment and operational costs of discharge facilities. Additionally, several consultative bodies have commented that discharge facilities should be free to use, or that the fee should be as low as possible. They emphasise that the financial burden on recreational craft owners should not be overly burdensome, potentially leading to non-compliance with the sewage delivery requirement. 

 

Administrative clarifications regarding operation and finances must be made between the State, municipalities and ports. Consultative input has provided valuable insights into user experiences and future considerations for discharge facilities. These inputs must be carefully considered in ongoing efforts. Given the critical condition of the Oslofjord, the prohibition on discharge must be implemented promptly. However, it is important to recognise that comprehensive clarifications and arrangements will require time. This prohibition is part of a broader initiative aimed at enhancing the Oslofjord's environmental health.

 

Consultative bodies have highlighted the insufficient information regarding existing discharge facilities, including their availability and maintenance status. Currently, no such information is available. It is important to establish web-based or app-based services that provide accurate information about the location, operational status and condition of the discharge facilities throughout the Oslofjord.  

 

As part of the ongoing work on the Regulations, the Ministry of Climate and the Environment has tasked the Norwegian Environment Agency and the Norwegian Maritime Administration with preparing information and guidance for boat owners and ports about the prohibition. This includes details on available discharge options. Boat owners need specific and targeted information about the prohibition and the locations of discharge facilities. 

 

The Norwegian Maritime Authority and the Norwegian Environment Agency have assumed that the duties of the municipalities, pursuant to the Pollution Control Act section 26 second paragraph, are of a more general character. In the consultation letter, it is indicated that the municipality's task will primarily be to monitor the situation within the municipality and continuously assess whether there is sufficient discharge capacity in the ports for all users. Consultative bodies have commented that the roles and responsibilities of municipalities and individual ports need to be clarified, particularly regarding how far the ports' responsibilities extend and when the municipalities' duties come under the Pollution Control Act and the Pollution Regulations.

 

These are administrative assessments that must be made between the relevant authorities. 

 

Several consultative statements emphasise the necessity of comprehensive information campaigns and preventive measures before the Regulations come into effect. Many suggest that preventive work, particularly through information campaigns, will play a crucial role in ensuring compliance with the Regulations. Boat owners must receive specific and targeted information about the prohibition and the locations of discharge facilities to facilitate compliance. It is essential to thoroughly inform the public about the Regulations. 

 

As previously mentioned, information and guidance for boat owners and ports regarding the prohibition, including discharge options, will be prepared.

 

Many consultative bodies assert that compliance with the Regulations will be highly challenging. They highlight the difficulty in controlling illegal discharge, noting that the chances of detection are very low. Furthermore, concerns have been raised about the lack of supervisory responsibilities for the police. In relation to enforcement, several comments address practical issues arising from the absence of police sanctioning authority under section 6 of the proposed Regulations.

 

Following the consultation, the provision designating the police as the supervisory authority has been removed from the Regulations. The Act relating to Recreational Craft does not clearly grant the police authority to supervise recreational craft and sewage discharge, leading to the removal of this provision. However, the possibility of introducing supervision provisions at a later date remains open. 

 

Many of the consultative bodies have expressed concerns about the limitations municipalities face in establishing and financing discharge facilities. Some suggest considering financial measures or instruments to address the need for additional discharge facilities, ensuring municipalities can effectively maintain and operate them. 

 

The financial aspect is particularly significant concerning the establishment and operation of individual discharge facilities in the future. The Norwegian Maritime Authority considers these matters as clarifications that need to be addressed between the State and the municipalities, although they are not currently pertinent.  

As outlined in the report, certain municipalities in the Oslofjord have already implemented their own regulations prohibiting the discharge of sewage. Several consultation bodies emphasise the need to clarify whether these existing regulations should be replaced by the new Regulations.

 

Furthermore, it has been noted that responsibility for discharge facilities is divided between municipalities under section 26 of the Pollution Act and port operators under chapter 20 of the Pollution Regulations. However, the legislation lacks clarity regarding the establishment, operation, maintenance and accountability for follow-up of these facilities. The ambiguity in regulations and uncertain financial implications highlight the importance of providing municipalities with clear guidance on how to proceed in establishing a sufficient number of discharge facilities. 

 

These are administrative clarifications that must be addressed among the relevant stakeholders. 

  

The consultation letter did not specify a date for the Regulations to take effect. Many consultative bodies have emphasised the importance of granting recreational craft owners ample time to adapt to the prohibition. This consideration arises from the necessity for owners to modify older vessels to comply with the requirement of using discharge facilities. Additionally, numerous municipalities currently have limited or no operational discharge facilities and require time to prepare for the upcoming changes. It is crucial that municipalities are adequately equipped before the prohibition comes into force. Several stakeholders have suggested that the Regulations should take effect no earlier than 1 May 2025.  

 

However, the prohibition on the discharge of sewage from recreational craft in the Oslofjord is scheduled to commence on 1 July 2024. This decision reflects the requirement for craft to refrain from discharging sewage into the fjord, rather than mandating conversion. Efforts are underway to increase the number of reception facilities, as discussed earlier, although it will take time to establish sufficient discharge capacity. Despite the ongoing preparations and the incomplete infrastructure, implementing the regulations is essential to raise awareness among recreational craft owners. It is crucial that recreational craft owners make adjustments promptly to contribute to improved conditions in the Oslofjord.

 

Section 1 specifies the geographical and substantive scope of these Regulations, defining where they apply and to whom. 

 

These Regulations apply to all recreational craft that have toilets on board and are operated within the specified geographical area as defined in the provisions. The legal basis for the Regulations stems from the Act relating to Recreational Craft. Therefore, these Regulations pertain specifically to recreational craft with an overall length of less than 24 metres which are not used for commercial purposes.

 

These Regulations provide definitions for two terms: “toilet" and “sewage".

 

The definition of "toilet" is broad and encompasses all types of onboard sanitation facilities. It includes installed toilets, pump toilets and portable toilets, which can also refer to a bucket used as a sanitary solution on board. 

 

The definition of "sewage" aligns with the general understanding found in maritime legislation. It is partly derived from the Environmental Safety Regulations section 10, which also defines sewage. Only subparagraph a of this definition is included, as it pertains directly to recreational craft. The definition of sewage is based on MARPOL Annex IV. The definition of "toilet" draws from both the Environmental Safety Regulations and MARPOL, ensuring comprehensive coverage relevant to the specific user group.

 

For recreational craft, it is important that the definition of "sewage" remains clear and concise, aligning with legislation governing other areas along the Norwegian coast, such as the 300-metre limit for discharge. This approach avoids inconsistencies between different definitions in legislation, including those governing the 300-metre limit for discharge from recreational craft placed on the EEA market before 16 June 1998, and the Regulations on the prohibition on the discharge of sewage in the Oslofjord.

This provision establishes the main rule of these Regulations, stipulating that the discharge of sewage from recreational craft in the Oslofjord is prohibited. The specific types of recreational craft to which this ban applies are defined in the scope of application (see section 1).

Specific exemptions are provided in the Regulations.

 

Sewage discharge is permitted in cases of damage to the recreational craft or its equipment, provided the owner or skipper has taken all necessary precautions to prevent or minimise discharge both before and after the damage occurred.

 

The Regulations also provide an exemption for recreational craft equipped with sewage treatment systems that comply with international standards, a feature more common in larger vessels nearing the 24-metre limit. This exemption is outlined in MARPOL Annex IV, which allows vessels with installed and operational sewage treatment systems to discharge treated sewage within prohibition zones. A condition for this exemption is that the equipment must comply with the NS-EN ISO 8099-2 standard. Recreational craft with a wheel-marked sewage treatment plant also qualify for this exemption.

 

Additionally, recreational craft protected or given historical status by the Norwegian Directorate for Cultural Heritage are exempt from the prohibition (see subparagraph c). This means that the craft has been assessed and identified as being of historical interest by the Directorate. In other words, it is not sufficient for the craft to simply be old and have historical value to be exempt from the provision. 

The skipper is responsible for ensuring compliance with the legislation. The skipper is the individual who operates the recreational craft when it is used in the geographical area specified in section 1 of these Regulations. Therefore, the skipper can be the owner of the recreational boat or a person who rents or otherwise has the right to operate the recreational craft.

These Regulations will enter into force on 1 July 2024. 

As the Regulations do not impose any construction requirements or necessitate specific conversions of the recreational craft covered by the Regulations, this new legislation will initially have minimal financial impact on owners of recreational craft within the geographical scope of the Regulations. 

 

However, there will be some costs and disadvantages in the form of restrictions on the use of the boats. Compared to the current situation, many boat owners will need to pay to empty sewage from their recreational craft. This cost is difficult to quantify at present, as the price levels of the planned discharge facilities are not yet known. Additionally, there are currently only a few discharge facilities available. Consequently, those who use onboard toilets and comply with the ban may have to sail some distance to find a suitable facility for emptying sewage. We understand that this may be impractical and inconvenient for recreational craft owners. However, this situation is expected to be temporary, as more reception facilities will be built.

 

Moreover, the consultation statements highlight various administrative tasks that will need clarification in the future. These tasks include clarifications regarding adjacent regulations, the roles and duties of municipalities and ports, and financial measures related to the establishment and financing of reception facilities. The work is in its initial phase, making it difficult to specify the necessary tasks at present. However, it is evident that numerous clarifications will be needed as the work progresses, and the authorities are aware of this.

 

The ban will also entail some preventive and information work for the authorities. As mentioned, the Ministry of Climate and Environment has tasked the Norwegian Environment Agency and the NMA with preparing information and guidance for boat owners and ports regarding the prohibition. This may incur some costs for the authorities, depending on the individual measures implemented. The measures may include posters and advertisements on site, applications, website updates and similar initiatives. At this stage, it is therefore difficult to specify the exact costs.