WSC Observations on Spain’s Draft Royal Decree on the Use of Exhaust Gas Cleaning Systems on Ships

The World Shipping Council (WSC), representing more than 90% of global liner shipping capacity, appreciates the opportunity to submit observations on the Proyecto de Real Decreto sobre el uso de los sistemas de limpieza de gases de escape de buques (Draft Royal Decree on the Use of Exhaust Gas Cleaning Systems on Ships). WSC recognises the environmental objectives of OSPAR Decision 2025/01 and the importance of coherent regional implementation.

Spain’s initiative to strengthen environmental protection in internal and port waters forms an important part of regional progress under OSPAR. Ensuring clarity on the scope, evidence base and implementation approach of the proposed measures would reinforce this progress and support effective compliance.

1. Clarification of the geographical scope of application

A clear and precise definition of the areas in which the prohibition applies is essential for legal certainty and operational planning. Article 3 refers to aguas interiores marítimas (maritime internal waters), aguas de las zonas de servicio de los puertos (port service-area waters) and zonas de fondeo y detención designadas por la Autoridad Marítima (anchorage and detention areas designated by the Maritime Authority).

To support coherent implementation aligned with OSPAR Decision 2025/01:

• Confirmation is sought that the measure applies exclusively to internal waters, port-service areas and anchorage/detention zones located within the Spanish territorial sea (12 Nautical Miles).

• Further confirmation is sought that the prohibition does not apply in the Exclusive Economic Zone (EEZ) or any maritime areas beyond the territorial sea unless expressly provided for.

Such clarity will ensure consistent application across Spanish ports and maintain alignment with the geographical scope envisaged in OSPAR.

2. Request for access to the underlying evidence base

The draft Royal Decree references “numerous recent studies” indicating acidity, heavy metals and organic contaminants in EGCS discharge water, and cites cumulative risks for marine ecosystems.

To support transparency and enable stakeholders to fully understand the basis for the accelerated Spanish implementation (entry into force 1 July 2026), WSC asks the Ministry to make available, or indicate where to access:

• The full set of scientific studies evaluated by the Ministry;

• Any impact assessment or technical report supporting the decision to apply both 2027 and 2029 OSPAR prohibitions immediately from 2026;

• Any port readiness assessment, particularly regarding the availability and capacity of port reception facilities for closed-loop residues;

• Any economic or operational analysis assessing impacts on ship operators and ports.

A clear understanding of this evidence will reinforce confidence in the measure and ensure that environmental objectives are achieved effectively.

3. Consistency with OSPAR timelines and coordination with other States

In the explanatory memorandum, Spain notes that it has “optado por anticipar su aplicación… desde la entrada en vigor de esta norma” (“chosen to advance its application from the moment this regulation enters into force”), grounded in accumulated evidence and the need for regulatory coherence.

In this context, it would be helpful to understand:

• Whether coordination with other OSPAR Contracting Parties has taken place regarding accelerated implementation under Section 3.3 of the Decision;

• Whether the postponement mechanism under Section 3.2 was considered and what factors informed Spain’s choice of timeline.

This information will make it possible to understand how Spain’s approach integrates with wider regional implementation pathways.

WSC appreciates the opportunity to comment. The clarifications requested aim to support legal certainty, practical implementation, and alignment with international and regional frameworks. WSC stands ready to engage with the Ministry or technical authorities to support the development of clear and workable implementation guidance.

Read the WSC observations here.