Transcript Port State Control Committee 11 May 2000

INTERTANKO / Braemar Seascope
Seminar
OIL & CHEMICAL SHIPPING TODAY
Shanghai
2 March 2005
Peter M. Swift
2005 : INTERTANKO DATES FOR THE DIARY
March 3-4
TradeWinds-Mare Forum /
SHIPPING China 2005, Shanghai
April 10-13
International Tanker Forum, Athens
Sept (tba)
Vetting seminars, Singapore / China /
Other
Nov 4
Asian Panel (TBC)
Dec 8
ITOPF/INTERTANKO/OCIMF
Oil Spill seminar, Shanghai
Dec 9
INTERTANKO Tanker seminar
INTERTANKO International Tanker
Forum
Athens Tanker Event
10-13 April 2005
Sponsored by:
The Tanker Industry
THE POLITICAL SCENE
The changing maritime landscape
The changing maritime landscape
•
•
•
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Politicization of technical regulation
Threat to authority of IMO
Threat to international law
Criminalisation of companies and
seafarers
Regulations have contributed to
improvement in maritime safety...
…..protection of life at sea
Source: Lloyd’s Register Fairplay
and environmental protection
Source: ITOPF. Number of spills above 700 tonnes.
...notwithstanding growth in
size of maritime trade
Source: Fearnleys Review
Key industry goals
• Regulatory environment which supports
safe shipping operations, environmental
protection and adherence to internationally
adopted standards and procedures
• Properly considered international
regulation of shipping
• Global regulation for a global industry,
adopted and implemented uniformly
Tanker industry
Increasing politicization of regulation
Examples:
• Phase out of single hull tankers
• West European Particularly Sensitive Sea Area
• Moves to open up CLC/Fund Convention and
link with substandard shipping
• Penal sanctions adopted by EU, criminalising
accidental pollution
• Maritime security (e.g hijacking of AIS)
Why? Port states versus flag states, and reduced
influence of maritime constituency
HOW IT WAS:
Examples of positive regulatory
developments (the “IMO spirit”)
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•
•
•
ISM Code and STCW (training)
post ‘Estonia’ passenger ferry measures
IMO bulk carrier safety package
Development of ILO ‘Super Convention’
Outcomes broadly based on technical merits
of arguments put forward. Industry viewpoint
understood, if not always accepted.
CHALLENGES TO INDUSTRY GOVERNANCE
International vs. local, national and regional
•
Liability – EU Criminal penalties vs. International
Conventions
•
Safety & Environment – EU (Post Erika &
Prestige) vs. IMO/Marpol & SOLAS
•
Sulphur Levels / Air Emissions – EU, USA vs.
IMO
•
Security – MTSA vs. ISPS
•
Ballast Water Management – US et al vs. IMO
HOW IT IS:
The Challenges Today
• More political drivers and less consideration
of the technical, operational, and commercial
interests
• More unworkable, inconsistent and illogical
regulation and less consideration of the
practical aspects
• More pressure for local / regional regulation
and less willingness to adopt and apply
international regulation
Threat to authority of IMO
Global industry needs global regulation
• IMO agreed to acceleration of single hull
phase-out (twice), but under duress
• EU Directives going beyond MARPOL
• Interference of UN in New York – genuine
linkage to flag
Threat to international law
• Escorting of single hull tankers out of EEZ by Spain,
France et al, in contravention of MARPOL and UNCLOS
obligations
• Detention of seafarers, e.g. in Spain and Pakistan in
contravention of UNCLOS
• Adoption of Criminal Penalties Directive for ship-source
pollution
• European Commission suggestion that UNCLOS might
be revised to alter the balance between flag states and
coastal states.
• Willingness of EU to implement measures in conflict
with MARPOL
Criminalization
• Imprisonment of seafarers (Captain
Mangouras et al)
• Activities of US Department of Justice
(bounty for whistle blowers)
• EU Directive on Criminal Penalties
(including accidental damage)
• SUA (Suppression of Unlawful Acts)
Convention
Political Action
• In Brussels
• In the US
• Internationally
Action in Brussels
• Luxembourg then UK Presidency, New
Commissioner and Commission staff, New
Parliament and MEPs
• Sulphur levels in fuels still a major issue
• EMSA Double Hull panel making progress ?
• New Maritime safety Package under discussion –
“MSP III / Erika III”
Brussels - The main ”players”
Commission
(The executive)
EMSA
Council
(Member States)
European
Parliament
(Direct election)
Interacting with the
Commission
Jacques Barrot
Commissioner for Transport
Francois Lamoureux
Fotis Karamitsos
M. Burgelle-Vernet
S. Tostman
Unit staff members
Director General
Director for maritime policy
Van Vreckem
EU Maritime Safety Package III
• Amendment to Directive on Vessel Traffic Monitoring and
Information
• Liability and Compensation (principally Passengers)
• Recasting of Legislation on Port State Control
• Role of Classification Societies
• Marine Casualty Investigations in the EU
• Maritime Labour Standards
• Flag State Initiative
But how about earlier programmes – Places of Refuge,
Ratification of Conventions, Reception facilities
Action in the US
• Increasing support for signing UNCLOS
• Presidential support for ratification of Annex VI
• Overturning of proposals for escort tugs
BUT
• Pressure at state and federal level for regulation of
Air emissions, Ballast Water controls, Spill response
and more
• Massachusetts State Law
Action at the International Level
• Ratification of Key Conventions:
HNS / Bunker Convention / HNS-OPRC
Protocol / AFS
• Action on:
Places of Refuge / Port Reception
Facilities
• Support for FLAG STATE AUDIT
THE POLITICAL SCENE
The changing maritime landscape
Summary
Seeking solutions
– Politicians and regulators versus the
Industry
- Everyone has the answer !
 Politicians and legislators propose political and
legislative solutions
 Industry offers technical, operational and procedural
solutions
 Politicians and public want quick fixes
 Industry takes longer term view and cautions against
hasty, ill-considered solutions
Whose agenda ?
Technical versus Political


Industry advocates heavy fuel oil in only double hulls
Politicians demand accelerated single hull phase-out and extra
surveys
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Industry advocates new measures at global level
Politicians demand regional and local legislation
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
Industry pushes for Places of Refuge
Politicians demand information on ’dangerous’ ships and cargoes
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
Industry refers to UNCLOS, MARPOL and SOLAS
Politicians challenge UNCLOS and MARPOL, and support PSSAs


Industry pushes for Reception facilities
Politicians support interceptions and tanker tracking
The drive to Effective Regulation
• Regulatory environment which supports safe
shipping operations, environmental protection
and adherence to internationally adopted
standards and procedures
• Properly considered international regulation of
shipping
• Global regulation for a global industry, adopted
and implemented uniformly
THE INDUSTRY HAS MUCH WORK TO DO
Thank you
谢谢大家
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