INTERTANKO in BRUSSELS

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INTERTANKO in BRUSSELS

• An update on the main issues
• Presentation to INTERTANKOs Hellenic Forum
• By Ketil Djonne, ADS-Insight, Brussels

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The EU-proposals inspired by the Erika
accident have almost all been adopted

• No major new safety initiatives foreseen
• Focus on implementation
• Focus on EMSA
• The issue of liability still remains
• Shift from safety to environment(air
  pollution)
• Security and the EUs role in world maritime
  affairs

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Erika I package adopted December 2001

• Regulation No 417/2002 on the phasing out of
  single hull tankers. Implementation in
  conformity with MARPOL 13G
• Directive 106/2001 on Port State Control.
  Implementation in Member States by 22 July 2003
• Directive 2001/105 on licensing of recognised
  organisations. Implementation in Member States
  by 22 July 2003.

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2/3 of Erika II package adopted in June 2002

• Directive 2002/59 on Monitoring Reporting of
  maritime traffic
• Compulsory VDR by 2007/2008 at the latest
• Compulsory AIS for tankers at first survey after
  1.1.2003
• Coordinated, and adequately equipped, system of
  places of refuge in Europe by Feb. 2004
• A electronically based reporting, monitoring and
  data surveillance system for ships entering or
  passing EU waters by end of 2008

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Erika II package adopted in June 2002

• Establishment of EMSA with a mandate to assist
  Member States and Commission in
• Updating EU legislation on maritime safety and
  pollution
• Implementing maritime safety and pollution
  legislation
• Training of port state and flag state officials
• Facilitating EU-wide co-operation in maritime
  accident investigation
• Provision of objective, reliable and comparable
  information on maritime safety
• Providing technical assistance to new Member
  States

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European Maritime Safety Agency

• To be operational early 2003 in Brussels (pending
  a decision on permanent location)
• EMSA director to be appointed
• EMSA board to be appointed
• First meeting of EMSA board in November?
• To employ director
• To agree budget
• To agree rules of procedure
• EMSA will become an important focal point for
  INTERTANKOs activity

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Erika I The remaining issue of liability

• Proposal for a European third layer of oil
  pollution compensation (COPE) and a wish-list
  for future changes to the IOPC/CLC system
• Annex to IOPC close to adoption
• Amended Commission proposal from June 2002
• The other issues (distribution of financial
  contributions, the limitation rights, criminal
  fines)
• Liability for restoration of environmental
  liability (relationship with IOPC, HNS, Bunkers)

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Whats next?

• A shift from maritime safety to (horizontal)
  environmental issues
• Chemical substances (TBT)
• Climate gases (Halon)
• Air pollution from sea going vessels
• Consolidation of the EUs role in global maritime
  politics
• EU membership of the IMO
• Co-ordination of EU reactions to US security
  initiatives

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Interacting with the Commission
Margot Wallström Cabinet members Commissioner for
Environment
Influence
Catherine Day
Director General
Director DG A
Nicola Robinson (marine air pollution), Gûnter
Hôrmandinger (transport)
Case handlers
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Air pollution
Under the EUs air emissions policy land-based
sources have contributed a lot to reductions.
Now the focus turns to shipping.
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EU Commission on air pollution

• Communication on air pollution strategy to be
  presented end October 2002
• 1.5 sulphur cap on fuel in SECA EU territorial
  waters by 1.1.2005
• Amendment of EU directive 99/32 on sulphur in
  heavy fuel. Focus on 0.2 in ports
• Special regime for ferries
• EU Member States ratification of MARPOL Annex VI
• The future NOx, VOC, climate gasses?

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INTERTANKO Goal Strategy

• To encourage ratification/implementation of Annex
  VI
• To oppose regional restrictions on HFO outside
  IMO SECA areas
• To encourage abolition of 0.2 cap on MDO under
  Directive 99/32 or to limit 0.2 to use in
  ports
• To seek exemptions for fuel utilised for tankers
  main engines whilst in ports
• To inform decision-makers on realities and to
  build alliances

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EU membership of the IMO?
Commission Recommendation to the Council
9.4.2002 Currently the Commission has observer
status but can not speak or vote Strong legal
arguments in favour but resistance amongst EU
Member States Better coordination NOW is the
key objective, especially on security issues
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EU reactions to US security proposals
US leading the discussion in the IMO.
Commission is co-ordinating European reactions
and intends to produce proposals based on IMO
agreement in January/February 2003. Commission
has attacked bilateral agreements (Italy, France,
Netherlands, Belgium, Germany) on CSI but seem
powerless. Focus on competence (customs),
competition (between ports) and external
relations.
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• Commission in talks with US. Prospects for
  EU-US agreement weak however, but a bilateral
  co-operation committee established.
• Commission to look into war risk-insurance?
• INTERTANKO attention mainly focused on the EU
  articulating its views in the international fora
  involved (IMO, ILO, WCO, OECD)

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Conclusions (I)

• Throughout the Erika debate INTERTANKO has fought
  regional initiatives and turned most of these
  into sensible solutions for the tanker industry
• Europe, not the least the Commission and the
  Parliament, has come a long way in accepting the
  role of the IMO
• The EU has gained self-confidence, however, and
  EMSA will develop this further. EMSA must
  therefore become a key partner for INTERTANKO
• The shift of focus to broader environmental
  issues creates new challenges. Different people,
  different priorities and, to some extent,
  different processes.

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Conclusion (2)
The EU will continue to exert its influence on
the world stage by increasing its activity within
the IMO. This development should not be seen as a
threat only. INTERTANKO can make use of the EUs
bargaining power for instance in dealing with
the Bosporus. It will also increase its
contribution to global maritime regulations by
making IMO rules on security EU legislation.
With the advent of EMSA, and of better
coordination within the IMO, the EUs importance
to INTERTANKO can only increase.