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SAFETY ENVIRONMENT AT SEA CONVENTIONAL
WISDOM Barcelona 30 October 2003 Peter Swift
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SAFETY ENVIRONMENT AT SEA A TANKER
PERSPECTIVE
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Oil into the Sea Annual Releases, best estimates
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US Oil Spills m gallons Source USCG
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US Oil Spills from Tankers m gallons Source USCG
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Development of tanker oil spills
Source ITOPF 2003
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Accidental oil spills from tankers 1970-2003
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Tanker incidents improving record
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Tanker incidents by cause All tanker sizes, most
incidents without pollution or fatalities
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Conventional Wisdom A Tanker
Perspective

• But what exactly is the problem ?
• - Safety ? Environmental damage ?
• Oil in water ?
• Spills from tankers ?
• Emissions to air ?
• Inadequate compensation ?

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Conventional Wisdom Plenty of Solutions

• We have to legislate we need more sanctions
• or
• We do not need more legislation
• We need implementation and enforcement not new
  legislation
• We need better regulations not arbitrary
  regulations
• We need rational legislation not knee-jerk
  reactions
• but
• It must be at the international level

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Conventional Wisdom

• International Maritime Conventions
• UNCLOS
• IMO
• And also US EU regulations and directives

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United Nations Convention on the Law of the Sea
(UNCLOS)

• Adopted 1982
• Number of signatories 143 countries
• Still not ratified by the U.S., but now under
  review
• The United Nations Convention on the Law of the
  Sea lays
• down a comprehensive regime of law and order in
  the world's
• oceans and seas establishing rules governing all
  uses of
• the oceans and their resources. It embodies in
  one instrument
• traditional rules for the uses of the oceans like
  freedom of
• Navigation and at the same time introduces new
  legal concepts
• and regimes and addresses new concerns. The
  Convention also
• provides the framework for further development of
  specific
• areas of the law of the sea.

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Conventional Wisdom A STATUS REPORT

• CONVENTION
• Protocol on Preparedness, Response and
  Co-operation to Pollution Incidents by Hazardous
  and Noxious Substances (OPRC-HNS Protocol 2000)
• RATIFIED BY
• Ecuador, Greece, Malta, The Netherlands, Poland,
  Singapore, Sweden, Uruguay

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Conventional Wisdom A STATUS REPORT

• CONVENTION
• Carriage of Hazardous and Noxious Substances by
  Sea (HNS 1966)
• RATIFIED BY
• Angola, Morocco, Russian Federation, Tonga
• EU Transport Council, December 2002
• ENCOURAGES Member States, as soon as possible,
  to ratify or accede to the International
  Convention on Liability and Compensation for
  Damage in Connection with the Carriage of
  Hazardous and Noxious Substances by Sea, 1996

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Conventional Wisdom A STATUS REPORT

• CONVENTION
• Bunkers Convention (2001)
• RATIFIED BY
• Jamaica, Spain, Tonga
• EU Transport Council, December 2002 ENCOURAGES
  Member States, as soon as possible, to ratify or
  accede to the International Convention on Civil
  Liability for Bunker Oil Pollution Damage, 2001

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Conventional Wisdom A STATUS REPORT

• CONVENTION
• MARPOL Annex VI Prevention of Air Pollution
  from Ships (Sept. 1997)
• RATIFIED BY
• Bahamas, Bangladesh, Denmark, Germany, Greece,
  Liberia, Marshall Islands, Norway, Panama,
  Singapore, Spain, Sweden
• Europe 1999/32 (Seriously flawed and now being
  amended)

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Conventional Wisdom A STATUS REPORT

• CONVENTION
• Antifouling Convention (2001)
• RATIFIED BY
• Antigua Barbuda, Denmark, Japan, Nigeria,
  Norway
• European Ban on TBT since 1.1.2003 plus
  encouragement to Member states to ratify AFS
  Convention

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Conventional Wisdom A STATUS REPORT

• CONVENTION
• MARPOL Annex IV Prevention of Pollution by
  Sewage from Ships (1973, modified 1978)
• - Discharges of sewage with related requirements
  for on-board treatment equipment, on-board
  management systems, and requirements for port
  states to provide reception facilities
• ENTERED INTO FORCE
• OCTOBER 2003 !

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Port Reception Facilities

• An International Failure
• - Inadequacy of Reception of Annex I wastes still
  an issue for Tanker Owners
• - States turning to policing measures w/o first
  providing the solution (Mediterranean aerial
  surveillance, Baltic oil tagging) must return
  to the source of the problem, not end of pipe
  solutions
• A European Concern
• Implementation of Directive not uniform ports
  allowed to implement w/o direction from state
  leading to different interpretation of
• Capability of ship to reach next port w/o need
  for discharging waste
• Fee systems increased beyond previous levels
• Over-regulation of facilities causing closures,
  e.g. Italy

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Places of Refuge
A Solution Waiting to be Implemented Erika II
Package December 2000 Requires Each Member
State to Draw up Emergency Plans for Hosting
Ships in Distress in Places of Refuge
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Conventional Wisdom - It would be Wise to
ratify existing Conventions States need to
Walk the Talk
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The Solution ?
SHIPOWNER
CLASS SOCIETIES
CHARTERER

• PARTNERSHIP
• Working with regulators and legislators

SHIPYARDS
CARGO OWNER
INSURERS
PORTS TERMINALS
BANKS INVESTORS
FLAG STATES
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Barcelona - a great city, with great hospitality
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Spain rejects Mangouras appealSpains
constitutional court in Madrid has rejected an
appeal by Prestige master Apostolos Mangouras
against the bail sum on him following the sinking
of the Prestige.
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Thank you www.intertanko.com
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