SAFETY & ENVIRONMENT AT SEA “CONVENTIONAL WISDOM” Barcelona 30 October 2003 Peter Swift.

SAFETY & ENVIRONMENT AT SEA

“CONVENTIONAL WISDOM”

Barcelona30 October 2003

Peter Swift

SAFETY & ENVIRONMENT AT SEA

“A TANKER PERSPECTIVE”

Oil into the Sea Annual Releases, best estimates

Average 1990-1999, '1000 ts

Natural seeps

Extraction of oil

Tanker accidents

Tanker operation

Other transportation

River and run-offs

Other shipping

Other consumption related

Source: National Academy of Science

47%

21%

11%

8%

3%

3%

US Oil Spills m gallons

Source: USCG

0

5

10

15

20

25

73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01

mill

ion

ga

llon

s

Non shipping

All other shipping

Barges

Tankers

US Oil Spills from Tankers m gallons

Source: USCG

0

2

4

6

8

10

12

14

73 75 77 79 81 83 85 87 89 91 93 95 97 99 01

mill

ion

gal

lon

s

Development of tanker oil spills

Source: ITOPF 2003

0

5

10

15

20

25

30

35

1970 72 74 76 78 1980 82 84 86 88 1990 92 94 96 98 2000 2002

Spills per Year 10 Year average1970-79

24.2 spills per year on average

1980-898.9 spills per year

on average1990-99

7.3 spills per yearon average

Accidental oil spills from tankers 1970-2003

0

100

200

300

400

500

600

70

72

74

76

78

80

82

84

86

88

90

92

94

96

98

00

02

Tonne miles

0

2,000

4,000

6,000

8,000

10,000

12,000

Trade in Tonne-miles Source: Fearnleys)

Pollution tonnes Source. ITOPF

Tonnes

Tanker incidents – improving record

0

100

200

300

400

500

78 80 82 84 86 88 90 92 94 96 98 00 02

CollisionFire/ExplFounderedHull & MachineryMisc WarGrounded

Tanker incidents by causeAll tanker sizes, most incidents without pollution or fatalities

0

200

400

600

800

1000

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

War

Hull & Machinery

Fire/Expl

Grounded

Collision

Misc

Proj.

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 ?

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

Conventional Wisdom

International Maritime Conventions• UNCLOS

• IMO

And also US & EU regulations and directives

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 instrumenttraditional rules for the uses of the oceans like freedom of Navigation and at the same time introduces new legal conceptsand regimes and addresses new concerns. The Convention alsoprovides the framework for further development of specific areas of the law of the sea.”

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

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”

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”

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)

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

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 !

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

Places of RefugePlaces of RefugeA Solution Waiting to be ImplementedA Solution Waiting to be Implemented

Erika II Package – December 2000Erika II Package – December 2000

Requires Each Member State to Draw up Requires Each Member State to Draw up Emergency Plans for Hosting Ships in Emergency Plans for Hosting Ships in Distress in Places of RefugeDistress in Places of Refuge

Conventional Wisdom

- It would be Wise to ratify existing Conventions

States need to “Walk the Talk”

The Solution ?The Solution ?

SHIPOWNER

SHIPYARDS

INSURERS

BANKS &INVESTORS

CARGO OWNER

CHARTERER

PORTS & TERMINALS

CLASSSOCIETIES

FLAG STATES

PARTNERSHIP:Working with regulators and legislators

Barcelona - a great city, with great hospitality

Spain rejects Mangouras appealSpain’s 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.

Thank you

www.intertanko.com