The handing over of commodities with commodity codes 723, 724 and 729 on the list of substances as per annex 2 appendix III of the CDNI to an agricultural enterprise for application to a field is permissible on condition that the receiving agricultural enterprise receiving the fertilisers confirms the reception of fertilisers
The CDNI’s objective is to keep waste disposal to a minimum. Washing immediately after brushing (clean-swept) would create a higher concentration of waste in the wash water. To that extent, the consignee/handling facility might incur higher costs. The quantity of wash water should however be comparable. There is therefore no objection to this approach. A higher downloading standard typically complies with the objective of a clean environment, but may result in higher costs for the consignee/handling facility. Provided that the consignee/handling facility pays these costs, then there are no grounds for objection here.
The addition of wash water to offloaded cargo is comparable to spraying onto stored cargo. To that extent the list of substances should possibly be expanded. In an initial step, until the list of materials is amended, there might be national exceptions based on article 6.01 paragraph 4.
The spreading of fertiliser on the field could be permitted subject to compliance with the relevant national fertiliser regulations and, where required, any other waste regulations for the transport of the fertiliser wash water to the field in question. The undertaking that the aforementioned regulations are being complied with would have to be provided by the farmer in question to the consignee / handling facility in a legally valid written form.
The CDNI does not currently envisage such a possibility. What would be conceivable is a solution in which the charterer gives the carrier an attestation of unloading in which he quotes and confirms the necessary commodity numbers (e.g. with a company stamp and signature).
Concerning contractual agreements, the CDNI says:
A transfer of the cleaning obligation to the carrier without his agreement (if necessary in contractual form) is not envisaged in the CDNI; moreover it would not be consistent with the polluter pays approach required by the CDNI, i.e. the polluter is required to ensure removal.
In numerous cases the sewer system leads into a sewage treatment plant. Sewage treatment plants are typically authorised in accordance with national provisions. These may differ from the CDNI standards or be made contingent on corresponding volume restrictions.
The authorisation to discharge into the sewage system in accordance with column 4 of the table in the unloading standard as per annex 2 appendix III of the CDNI provides that the party responsible for compliance with the unloading standard (consignee, charterer, handling facility) has previously satisfied himself that where appropriate the sewage connection is authorised in terms of the product characteristics and product volume in accordance with national provisions for a discharge of the product in question, as sewage disposal plants may, for example, be subject to corresponding restrictions.
Note: It should however be pointed out that the Contracting States are obliged under article 4 to set up the corresponding reception stations or have them set up That means that the party under a reception obligation must also be able to discharge the wash water himself into the sewer system or at a reception station, as the case might be.
CONVENTION ON THE COLLECTION, DEPOSIT AND RECEPTION OF WASTE PRODUCED DURING NAVIGATION ON THE RHINE AND INLAND WATERWAYS
Secrétariat de la CDNI, PALAIS DU RHIN
Palais du Rhin 2, place de la République F-67082 Strasbourg cedex
Tél. 03 88 52 52 72
Fax. 03 88 32 10 72