INTERTANKO 国国国国国国国国 Asian Panel Meeting Shanghai 27 th April 2009
Anti-Trust/Competition Law Compliance Statement
INTERTANKO’s policy is to be firmly committed to maintaining a fair and competitive environment in the world tanker trade, and to adhering to all
applicable laws which regulate INTERTANKO’s and its members’ activities in these markets. These laws include the anti-trust/competition laws which the
United States, the European Union and many nations of the world have adopted to preserve the free enterprise system, promote competition and protect the public from monopolistic and other restrictive trade practices.
INTERTANKO’s activities will be conducted in compliance with its Anti-trust/Competition Law Guidelines.
国际油轮船东协会Shanghai, 27th April 2009
Asian Member’s Seminar
Seminar Overview
1. Welcome and Introduction1. Asian Panel
2. Regional Meetings and Events
3. Cooperative Mechanism
2. Council Agenda Overview
3. Piracy1. Regional Update
2. International Perspective
4. Greenhouse Gas Emissions
5. Hebei Spirit Update
6. Tanker Incidents1. Overview of trends
2. Regional developments
3. Presentation by Simon Stonehouse, Brit Insurance
7. Any other business
国际油轮船东协会Shanghai, 27th April 2009
1. Welcome and Introduction
1. Asian Panel2. Regional Meetings and Events
April23 INTERTANKO Members Seminar, Singapore24 INTERTANKO Crisis and Media Workshop, Singapore27 INTERTANKO Asian Panel Meetings, Shanghai
OCIMF Seminar, Shanghai28 TradeWinds China Energy Conference, Shanghai29 ShippingTech China Conference, ShanghaiMay5-6 Informal Tanker Operators Safety Forum, Nanjing11-15 IMO Diplomatic Conference to adopt Ship Recycling Convention, Hong Kong12 INTERTANKO Chartering Seminar, Tokyo13-16 INTERTANKO Tanker Event18 International Piracy Conference, Kuala Lumpur19 INTERTANKO Vetting Committee Meeting, Singapore20 INTERTANKO Vetting Seminar, Singapore25-26 Asian Shipowner’s Forum AGM, TainanJune6 Dalian Maritime University 100th Anniversary, Dalian9-10 High-Level Meeting on Piracy off Coast of Somalia, Seoul9 Chemical Tanker Committee, Oslo9 Norshipping: Boat Cruise and BBQ, Oslo
国际油轮船东协会Shanghai, 27th April 2009
1. Welcome and Introduction
1. Asian Panel
2. Regional Meetings and Events
Tokyo AGM and Tanker Event
国际油轮船东协会Shanghai, 27th April 2009
1. Welcome and Introduction
3. Cooperative MechanismCo-operative Mechanism for the Straits of Malacca and Singapore
• Littoral state – Indonesia, Malaysia, Singapore
• Safety of Navigation and Environmental protection
• 5 projects identified– Aids to Navigation Fund a separate initiative
• Buy-in from Industry at the end of State agreement on projects
• INTERTANKO requested greater industry involvement and proposed establishment of Technical Panels
1. Navigational Panel
2. Environmental Panel– Lead by industry– Industry to bring project ideas– Industry to contribute resources in the projects
• INTERTANKO informal dialogue with Singapore MPA to develop the Panels
国际油轮船东协会Shanghai, 27th April 2009
1. Welcome and Introduction
3. Cooperative Mechanism4. Navigational Panel
INTETANKO handed opportunity to steer this work, but...
Requires significantly more issues – Straits focused not just Singapore!
Agenda Item Issue Summary
Small Vessel Traffic
It is recognized that industries other than the international shipping use the waters, from smaller coastal trading vessels to fishing vessels, barges and tugs.
Traffic Separation Schemes
The Straits are a prime example of the successful implementation of a TSS in a busy, international waterway. However, comments have been received relating to the possibility of further improving the TSS taking into account small vessel traffic, crossing traffic, entry and exit points for example.
国际油轮船东协会Shanghai, 27th April 2009
1. Welcome and Introduction
3. Cooperative Mechanism2. Environmental Panel
Agenda Item Issue Summary
Port Reception FacilitiesMarine pollution in the form of oily waste and garbage remains a persistent problem in the region. International shipping is frequently mentioned as a key source of marine pollution in the region.
Oil and Chemical Spill Response
Environmental Awareness
The international shipping industry ha taken steps to improve awareness of environmental issues aboard and ashore. This improves understanding of the significance of environmental issues and improves the development of an environmentally aware culture. This in turn improves awareness of environmental legislation and motivation to implement voluntary measures to improve environmental protection.
Ballast Water ManagementInvasive species through ships’ ballast water is a global problem with regional and national consequences. The current global problem surrounds the shipping industry’s ability to find equipment to meet the standards prescribed in the IMO’s Convention.
Biofouling Management
Invasive specie carried on the hull’s of ships can contribute as much of a risk as those species carried in ballast water tanks. The industry has been increasing its management practices to reduce invasive species transfer and improve emissions from shipping. Problems arise in finding suitable locations to undertake such management options. Note the IMO is currently developing guidelines on biofouling management.
Information SharingThis would be a stand-alone item on the agenda of both Panels and would allow sufficient time for both users and littoral states to share information on developments of importance.
Anti-fouling Coatings …
Air Pollution (MARPOL Annex VI) ...
Air Emissions (GHG) …
国际油轮船东协会Shanghai, 27th April 2009
Asian Member’s Seminar
Seminar Overview
1. Welcome and Introduction1. Asian Panel
2. Regional Meetings and Events
3. Cooperative Mechanism
2. Council Agenda Overview
3. Piracy1. Regional Update
2. International Perspective
4. Greenhouse Gas Emissions
5. Hebei Spirit Update
6. Tanker Incidents1. Overview of trends
2. Regional developments
3. Presentation by Simon Stonehouse, Brit Insurance
7. Any other business
国际油轮船东协会Shanghai, 27th April 2009
Council Agenda – 13 May 2009, Tokyo• Corporate Affairs• Piracy status report *• Greenhouse Gas Emissions *
• Report items- Chemical items- Load Line Zones – Off South Africa- Criminalisation of Seafarers – update *- Paris MoU – New Inspection Regime *- Human Element – Roll out of TOTS- EU and US Issues – EU Sulphur Directive, EU Mutual Recognition of Certificates by ROs
2. Council Agenda Overview
国际油轮船东协会Shanghai, 27th April 2009
Better targeting !!!
“ Every ship eligible for a periodic inspection as follows:
• High Risk Ship (HRS) every 5-6 months• Standard Risk Ship (SRS) every 10-12 months• Low Risk Ship (LRS) every 24-36 months ”
New Inspection Regime – Paris MoU
国际油轮船东协会Shanghai, 27th April 2009
Asian Member’s Seminar
Seminar Overview
1. Welcome and Introduction1. Asian Panel
2. Regional Meetings and Events
3. Cooperative Mechanism
2. Council Agenda Overview
3. Piracy1. Regional Update
2. International Perspective
4. Greenhouse Gas Emissions
5. Hebei Spirit Update
6. Tanker Incidents1. Overview of trends
2. Regional developments
3. Presentation by Simon Stonehouse, Brit Insurance
7. Any other business
国际油轮船东协会Shanghai, 27th April 2009
• Malacca Straits
• Nigeria / Gulf of Guinea
• Somalia – Gulf of Aden / W Indian Ocean
Piracy
国际油轮船东协会Shanghai, 27th April 2009
3. Piracy
1. Regional UpdateRECAAP Statistics
• Increase in successful incidents between 2007 and 2008 (77 to 83)
• Increase generally around Straits of Malacca and Singapore, South China Sea and off Malaysia
• Reductions seen at the anchorages of Indonesia and around the port of Chittagong, Bangladesh
• Tankers appeared to have been targeted on more occasions than other ship types
• Significant proportion of attacks continues to take place at anchor and in hours of darkness
• Use of guns reducing
• Possible escalations? – Market downturn– International coverage – new models developing
国际油轮船东协会Shanghai, 27th April 2009
Piracy - Somalia
The International Response
EUNAVFOR (EU Naval Forces)
MSCHOA (Maritime Security Centre (Horn of Africa)
INTERTANKO providing Merchant Navy Liaison Officer (Howard Snaith)
国际油轮船东协会Shanghai, 27th April 2009
• 2009 GoA + EC Somalia statistics (first quarter): • 50 approaches/attacks (4 a week)• 8 hijackings (0.7 a week) (Feb/Mar down to 0.5 a week)• April hijackings up again (figures tbc)• Confirmed attacks on vessels using GT: 2• Hijackings of vessels following GT: 1• 8 captive vessels (as of 3.09) • 94 captive crew
• 2008 GoA + EC Somalia statistics (full year): • 111 approaches/attacks (2 a week)• 42 hijackings (0.8 a week) • 14 captive vessels (as of end Nov)• 680+ taken hostage over the year.
Piracy - Somalia
国际油轮船东协会Shanghai, 27th April 2009
United Nations Contact Group
• WG 1 : measures to improve the coordination of, and information sharing between, the various naval forces present in the region and their interfacing with civilian shipping
• WG 2 : programmes to facilitate the prosecution of those caught and suspected of piracy
• WG 3: facilitates development of industry “Best Management Practices” to counter piracy and their application within the international shipping community
•
• WG 4 : communications and outreach strategies for use within Somalia and to the wider international community as part of capacity building programmes - this latter to be in conjunction with other UN programmes already on the ground within the region
2. Council Agenda Overview
国际油轮船东协会Shanghai, 27th April 2009
Summary of 1q09 versus 2008
Approaches/attacks UP
Hijackings DOWN
BUT MOST IMPORTANTLYOnly 2 attacks in 3 months on ships- Staying more than 600 miles from the coast- Making use of Group Transit- Following industry guidelines
3. Piracy
国际油轮船东协会Shanghai, 27th April 2009
Recent developments
significant hijackings in waters in April
EAST of Somalia
Nipayia 450 miles E
Bow Asir 250 miles E
Piracy - Somalia
国际油轮船东协会Shanghai, 27th April 2009
INTERTANKO activities
Documentary Committee:Developed Piracy Model Clauses (VC, TC)
Information:Piracy information alerts and security bulletinsJoint industry booklet "Practical Measures to Avoid, Deter, and Delay
Piracy Attacks”
IMO: Member of Correspondence Group revising MSC Guidance CircularIndustry spokesperson at Djibouti meeting finalising regional code
UN:Member of Best Practices Working Group; observer at UN Contact Group
EU Naval Coordination:Part-time secondee as Merchant Navy Liaison Officer
US Congress:Testimony on International Piracy
Piracy – Somalia
国际油轮船东协会Shanghai, 27th April 2009
U.S. Congress hearing on international piracy
INTERTANKO emphasised that governments must take appropriate action to -
• provide/maintain sufficient military assets • ensure coordinated approach among military assets for
effective protection and response• ensure single/compatible rules of engagement• develop legal authority to prosecute captive pirates • develop long-term solution on land - solve problem at root
not just fight symptoms
Piracy – Somalia
国际油轮船东协会Shanghai, 27th April 2009
Piracy - Somalia
Guidance to Industry
Generic: • IMO Circular 623 (Rev 3)
Region Specific:• UN Contact Group: Best Management
Practices
• OCIMF/INTERTANKO/Industry Guide: Piracy - The East Africa/Somalia Situation
Practical Measures to Avoid, Deter or Delay Piracy Attacks
国际油轮船东协会Shanghai, 27th April 2009
Guidance for Gulf of Aden / Somalia
• Pre-transit:Assess RiskPlan self-defensive measuresRegister with MSCHOAIF appropriate, join Group Transit
• During transit: Stay alertReport to UKMTOFollow “best practices”
Piracy - Somalia
国际油轮船东协会Shanghai, 27th April 2009
0
100
200
300
400
500
600
19701972 1975 1978 1981 1984 1987 1990 1993 1996 1999 2002 2005 20080
2,000
4,000
6,000
8,000
10,000
12,000
14,000Trade in billion Tonne-miles (Fearnleys)
'000 tonnes spilt in tanker accidents (ITOPF)
0.0
0.7
1.4
2.1
2.8
3.5
1970s 1980s 1990s PR00s
0
21
42
63
84
105
1000 ts spilt
'0000 bntonne-miles
- 63% -3% -81%
0
210
420
630
840
1050
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
00
01
02
03
04
05
06
07
08
0
120
240
360
480
600
Misc
Security
Fire/Expl
Hull & Machinery
Grounded
Coll/Contact
Oil pollution
2009 is a projection based on 68 days
Fire / Explosion 6%
Security8%
Grounding 16%
Collision / contact 28%
Misc / unknown
14%
Collision/contact
Grounding
Fire/Explosion
Hull & machinery
Misc/unknown
Hostilities
312 reported tanker incidents
2008
Hull & Machinery (28%), 87 of which 60 engine related+ 3 black outs
1000ts spilt
Billion tonne-miles
Record low pollution in 2008
Number incidentsNumber incidents
Source: INTERTANKO/ITOPF/Fearnleys/LMIU/Others
10001000ts spiltts spilt
Billion tonne-Billion tonne-milesmiles
Tanker incidents 2008 by type
ICOPCE 2009
6. Tanker Incidents
国际油轮船东协会Shanghai, 27th April 2009
Year<10 years
10-24 years
>25 years
Total
Average age
2002 4 15 3 22 17.5
2003 3 8 3 14 18.4
2004 2 7 3 12 18.8
2005 9 20 5 34 17.6
2006 12 17 3 32 14.3
2007 20 25 3 48 13.2
2008 25 24 10 59 15.6
2009 4 3 7 9.7
Total 79 119 30 228 15.6
0
30
60
90
120
150
180
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
00
01
02
03
04
05
06
07
08
0
30
60
90
120
150
180
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
00
01
02
03
04
05
06
07
08
0
10
20
30
40
50
60
2002 2003 2004 2005 2006 2007 2008
Engine
Other Hull & Machinery
0
100
200
300
400
500
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
00
01
02
03
04
05
06
07
08
Engine
Hull & Machinery
Split engine and other Hull & Machinery
Based on data from LMIU, ITOPF + othersBased on data from LMIU, ITOPF + others
Tanker groundings Tanker hull & machinery
Tanker Engine incidents
Tanker Engine incidents
ICOPCE 2009
6. Tanker Incidents
国际油轮船东协会Shanghai, 27th April 2009
Asian Member’s Seminar
Seminar Overview
1. Welcome and Introduction1. Asian Panel
2. Regional Meetings and Events
3. Cooperative Mechanism
2. Council Agenda Overview
3. Piracy1. Regional Update
2. International Perspective
4. Greenhouse Gas Emissions
5. Hebei Spirit Update
6. Tanker Incidents1. Overview of trends
2. Regional developments
3. Presentation by Simon Stonehouse, Brit Insurance
7. Any other business
国际油轮船东协会Shanghai, 27th April 2009
[ Initiatives to Reduce ][ Initiatives to Reduce ]Greenhouse Gas EmissionsGreenhouse Gas Emissions
Shipping has a head start as the most Shipping has a head start as the most energy efficient means of transportenergy efficient means of transport
4. Greenhouse Gas Emissions
国际油轮船东协会Shanghai, 27th April 2009 32
CO2 Emissions per Unit Load by Transport Mode
Source: Ministry of Land, Infrastructure and Transport (Japan): The Survey on Transport Energy 2001/2002 MOL (Japan): Environmental and Social Report 2004
Large Tanker
Large Containership
Railway
Coastal Carrier
Small-size Commercial Truck
Airplane
Standard-size Commercial Truck
100 200 300 400
398
226
49
11
6
3
1
0
Units Relative
Shipping energy efficient
4. Greenhouse Gas Emissions
国际油轮船东协会Shanghai, 27th April 2009
TANKER SHIPPING A GOOD NEWS STORYTANKER SHIPPING A GOOD NEWS STORY Shipping’s GREEN Credentials
• This car, weighing one tonne, uses 1 litre of fuel to move 20 kms
• This oil tanker uses 1 litre of fuel to move one tonne of cargo 2,500 kms
– more than twice as far as 20 years ago
4. Greenhouse Gas Emissions
国际油轮船东协会Shanghai, 27th April 2009
One particular challenge for the shipping industry- i.e. seaborne trade will continue to grow strongly
Source: Fearnleys/INTERTANKO
IndexIndex
80
100
120
140
160
180
19
80
19
81
19
82
19
83
19
84
19
85
19
86
19
87
19
88
19
89
19
90
19
91
19
92
19
93
19
94
19
95
19
96
19
97
19
98
19
99
20
00
20
01
20
02
20
03
20
04
20
05
20
06
20
07
Population
Energy use
Seaborne trade
CO2 emission
Trends – Population, Energy Use, Seaborne trade & CO2 emissions
4. Greenhouse Gas Emissions
国际油轮船东协会Shanghai, 27th April 2009
• Driven hardest by a limited number of governments– Supported mostly by EU governments, plus Japan,
Australia, Canada and a few others– Until recently only limited support in US (mostly
environmental interests)– Relatively little enthusiasm in much of the developing
world, but now changing ?• Environmental Lobby growing
– And becoming more coordinated• Maritime industries showing considerable support
– Proactive involvement – Although “hesitant” on market based instruments
• Economic incentives strong– Fuel savings translate into potentially significant cost
savings; plus incentives for innovation & new technologies
4. Greenhouse Gas EmissionsDrivers for Change
国际油轮船东协会Shanghai, 27th April 2009
Kyoto Protocol• Established under UN Framework Convention on Climate
Change (UNFCCC) and adopted in 1997• Ratified by 181 countries – not the USA• Categorises Annex 1 (Developed) Countries and Non-
Annex 1 (Developing) Countries • Annex 1 are committed to make GHG reductions with set
targets, but also flexible mechanisms • Runs through to 2012, with Conference of Parties
(COP15) to meet in Copenhagen in Dec 2009 to develop successor
• Kyoto recognises “common but differentiated responsibilities”, i.e. developed countries produce more GHGs and should be “responsible” for reductions
• Kyoto looks to IMO to address Shipping and ICAO to address Aviation, and as such these emissions are currently excluded from Kyoto targets
4. Greenhouse Gas Emissions
国际油轮船东协会Shanghai, 27th April 2009
Initiatives underway at the IMO
1998: IMO initiated work on Green House Gas emissions 2003: IMO Assembly adopted Resolution A.963(23): Policies and Practices Related to the Reduction of GHG from Ships Today: Work continues through the MEPC
This year: we can expect MEPC 59 to adopt - Mandatory Energy Efficiency Design Index for new ships Ship Energy Management Plan – existing ships: - Best practices to save energy used by the ship - Use of voluntary Energy Efficiency Operational Indicator
In December: the outcome(s) of MEPC 59 will be presented to UNFCCC COP15 meeting in Copenhagen
4. Greenhouse Gas Emissions
国际油轮船东协会Shanghai, 27th April 2009
Initiatives underway at the IMO
Ship Performance Index: CO2 / work done
e.g. tonnes of CO2 produced per tonne mile of cargo
• Energy efficiency design index mandatory for new -ships incentivises designers and builders. At the next stage: The ship’s design index should be less than a maximum limit to be set by regulations.The maximum value will then be lowered over time.
• Voluntary energy efficiency operational indicator - measures efficiency of ship in service.A management tool for owners and charterers to measure energy efficiency on a voyage. Incentivises the owner to keep hull and machinery “clean” and charterer to use the ship efficiently – capacity, routing and speed.
4. Greenhouse Gas Emissions
国际油轮船东协会Shanghai, 27th April 2009
SEMP: Examples of Best Practicesfor tanker emissions & energy efficiency
1. Programme for Measuring and Monitoring Ship Efficiency2. Voyage Optimization Programme
1. Speed selection optimization2. Optimised route planning3. Trim Optimization
3. Propulsion Resistance Management Programme1. Hull Resistance2. Propeller Resistance
4. Machinery Optimisation Programme1. Main Engine monitoring and optimisation2. Optimisation of lubrication as well as other machinery and equipment
5. Cargo Handling Optimization1. Cargo vapours control procedure on all crude tankers (80-90% reduction of
cargo vapours)2. Cargo temperature control optimization
6. Energy Conservation Awareness Plan1. On board and on shore training and familiarisation of company’s efficiency
programme2. Accommodation-specific energy conservation programme
162
168
174
20 30 40 50 60 70 80 90 100 110 % SMCR
Engineshaft power
SFO
C
ME/ME-C 100% SMCR optimised
MC/MC-C 100% SMCR optimised
ME/ME-C Part load optimised
3-4g/kWh
Economy mode:
3-4g/kWh
国际油轮船东协会Shanghai, 27th April 2009
IMO is also reviewing possible economic measures (instruments) to reduce CO2 emissions
• Emissions Trading Scheme • Bunker Levy• GHG Compensation Scheme• Hybrids of above• Other, e.g. differentiated charges
Industry has established Guiding principles and believe any measure should:
• Be effective in reducing global GHG emissions• Be binding on and applicable to all ships• Be cost effective• Not distort competition• Support sustainable environmental development without penalising
trade growth• Promote technical innovation and leading technologies• Be practical, transparent, fraud-free, easy to administer
国际油轮船东协会Shanghai, 27th April 2009
Key issues:
• Global versus regional ?• Who administers ?• Still needed – if other industry initiatives in place ?
ETS• Sets Cap – reduces over time• Open versus Closed system ?• Value of carbon – different schemes
Levy• Does not set cap• A tax on fuel (used)
GHG Compensation scheme• Does not set cap• A tax for a good cause – i.e. a charity !
4. Greenhouse Gas EmissionsMarket Based Instruments
国际油轮船东协会Shanghai, 27th April 2009
Initiatives already under way- parallel voluntary measures
For most ship types, some form of :• Speed optimisation• Voyage optimisation• Capacity optimisation
is already in hand.
For Tankers:• Liaison is encouraged between owners and charterers to optimise vessel speed and voyage schedules
http://www.ocimf.com/view_document.cfm?id=1147
国际油轮船东协会Shanghai, 27th April 2009
Other initiatives under discussion
Pending the setting of mandatory upper limits for the Energy Efficiency Design Index of new ships, there exists the potential for:
• The Establishment of a Reference Value for a New Ship (i.e. a Target)
• Development of a Rating System relative to the Reference Value
Similar to the performance rating of white goods
国际油轮船东协会Shanghai, 27th April 2009
Other initiatives already under way- parallel voluntary measures
Ports / terminals• Ports developing Environmental Ship Index (for pollutants and GHGs)
• Incentives to improve port efficiency• Reward environmentally friendly ships with lower port dues
国际油轮船东协会Shanghai, 27th April 2009
UNCTAD ConferenceMaritime Transport and the Climate Change Challenge
Engine Design
Fuel Efficiency
Gain
Engine derating < 3.5%
Diesel electric drives 5-30%
Combined diesel electric
and diesel mechanical drives
<4%
Waste heat recovery <10%
Enhanced engine tuning and part load operation
<4%
Common rail engine <1%
New
Bu
ild
Ret
ro-f
it
Op
erat
ion
al
Source: International Transport Forum 2009, OECD
Estimates of fuel efficiency improvements are drawn from (Wartsila, 2008), (Green, Winebrake, & Corbett, 2008), (Bond, 2008)
Tanker/Bulker
Container
Ro-ro
Ferry-Cruise
Offshore Supply
国际油轮船东协会Shanghai, 27th April 2009
UNCTAD ConferenceMaritime Transport and the Climate Change Challenge
Propulsion Systems
Fuel Efficiency
Gain
Wing thrusters <10%
Counter-rotating propellers <12%
Optimised propeller-hull interface <4%
Propeller-rudder Unit <4%
Optimised propeller blade sections <2%
Propeller tip Winglets <4%
Propeller nozzle <5%
Propeller Efficiency Monitoring <4%
Efficient Propeller Speed Modulation <5%
Pulling Thruster <10%
Wind power: Flettner rotor <30%
Wind power: Kites & Sails <20%
New
Bu
ild
Ret
ro-f
it
Op
erat
ion
al Tanker/Bulker
Container
Ro-ro
Ferry-Cruise
Offshore Supply
国际油轮船东协会Shanghai, 27th April 2009
Criminalisation of the Seafarer- and unfair treatment
• Criminalisation legislation
- “Find the guilty” culture rather than a thorough investigation of the cause
• Failure to adhere to “IMO/ILO Guidelines on the Fair Treatment of Seafarers in the Event of a Maritime Accident”
2. Council Agenda Overview
国际油轮船东协会Shanghai, 27th April 2009
Criminalisation of Seafarers - Update
• EU Ship Source Pollution Directive
• “Hebei Spirit” officers
2. Council Agenda Overview
国际油轮船东协会Shanghai, 27th April 2009
EU Ship Source Pollution Directive “Criminalises accidental pollution”
• Review of the legality of the EU Ship Source Pollution Directive was brought in December 2005 by an industry coalition led by INTERTANKO.
• June 2006, the English High Court remitted the case to Luxembourg. Case heard before the Grand Chamber of the European Court of Justice (ECJ) September 2007. Opinion of Advocate General Kokott published November 2007.
• ECJ delivered judgment June 2008.• In brief, the ECJ ruled that the Directive: • - cannot be assessed by reference to MARPOL as the Community itself (unlike its
Member States) is not a party to MARPOL.• - cannot be assessed by reference to UNCLOS as, although the Community is a party to
UNCLOS, that Convention does not give individuals rights or freedoms on which they can rely against States.
• The Court has held that the use of the term ‘serious negligence’ does not infringe the requirement of certainty in Community legislation.
• This departs from the opinion of Advocat General Kokott, who concluded that the validity of the Directive should be tested by reference to MARPOL and UNCLOS, and that it exceeds Community powers unless ‘serious negligence’ is construed to have different meanings inside and outside territorial waters. [This leaves the Member State legislators in some difficulty, having to use the same terminology whilst interpreting it differently depending on where the incident takes place.]
2. Council Agenda Overview
国际油轮船东协会Shanghai, 27th April 2009
Dec 07 - Anchored VLCC hit by crane bargeJun 08 - Hebei Two (Master and C/O) found innocentBut prosecutors lodged appeal preventing Hebei
Two’s releaseDec 08 - INTERTANKO published open letter to the
President of Korea in the Korean Times, expressing the hope that Hebei Two cleared.
Dec 08 - Korean Appeal Court concluded Samsung only partially responsible for the allision, and only responsible for 10% of the oil spilled.
Hebei Two considered a "flight risk" and ordered straight to prison in handcuffs - media spectacle to calm public feelings over the pollution.
Hebei Spirit Update
国际油轮船东协会Shanghai, 27th April 2009
15 Jan 09 - Hebei Two bailed by Supreme Court in Seoul (USD 7,500 each). However they must stay at Seoul hotel - not allowed to leave Korea without Supreme Court permission
Supreme Court said that, in granting bail, it took into account international opinion and the special characteristics of the case
Protest rally deferred but not cancelled
Hebei Spirit Update
国际油轮船东协会Shanghai, 27th April 2009
Jan 09 - Plans set in motion for protest rally with the ITF, IMEC and V.Ships on 23 January outside Korean Embassy in London to draw international media attention to this case
Rare unanimity in statements and determined
action from Round Table, ITF, IG, IMEC
Jan 09 - V.Ships representatives organised London meeting with Korean Ambassador Chun Yung-woo; Ki-tack Lim, Maritime Counsellor; and Jung Hyung Taek, Marine Judge of the Korean Maritime Safety Tribunal.
Hebei Spirit Update
国际油轮船东协会Shanghai, 27th April 2009
Supreme Court verdict : Thursday 23 April
INTERTANKO’s Chairman invited top execs of Members to sign strong open letter –
• deep regret and disappointment at sentencing and criminalisation of Hebei Two
• Supreme Court to restore lower court's ‘innocent’ decision• Korea to release and repatriate Hebei Two immediately
Letter signed by 118 CEOs/Chairmen/MDs, mostly from among our Members (+ a few from INTERCARGO, BIMCO, InterManager)
We want exoneration and repatriation
Hebei Spirit Update
国际油轮船东协会Shanghai, 27th April 2009
INTERTANKO statement in Korea’s Supreme Court Appeal against criminal convictions of Hebei Two
Addresses accepted industry good practice, good seamanship and tanker safety.
Highlights absolute priority to ensure safety of crew and ship
Hebei Spirit Update
国际油轮船东协会Shanghai, 27th April 2009
6. Tanker Incidents
2. Regional Developments• Singapore Port Waters
• Straits User Group data
• MPA/INTERTANKO dialogue– INTERTANKO Proposal
1. Tanker Incidents and Near-miss Information Sharing
2. VTIS
3. Pilotage
4. Industry Best Practice
国际油轮船东协会Shanghai, 27th April 2009
Asian Member’s Seminar
Seminar Overview
1. Welcome and Introduction1. Asian Panel
2. Regional Meetings and Events
3. Cooperative Mechanism
2. Council Agenda Overview
3. Piracy1. Regional Update
2. International Perspective
4. Greenhouse Gas Emissions
5. Hebei Spirit Update
6. Tanker Incidents1. Overview of trends
2. Regional developments
7. Any other business
国际油轮船东协会Shanghai, 27th April 2009
7. Any other business
• Singapore Vetting - [email protected]
• Maritime Industry Foundation• ...