INTERTANKO in BRUSSELS Presentation to INTERTANKO’s Iberian seminar By Ketil Djonne, ADS-Insight, Brussels

The 1993 EU-Council Resolution on Safe Seas 1) New guiding principles A shift from flag state to port state Continued support for a global approach and to work through the IMO, but subject to Increased co-ordination of EU policies before and at the IMO Mandatory EU implementation of adopted IMO rules In case the IMO fails, the EU may regulate on a regional basis 2) A work programme to be completed end of 1999 18/09/2018 Iberian seminar

1993 No doubt - Brussels is a place for INTERTANKO to be.. I can see a growing importance for the EU! No doubt - Brussels is a place for INTERTANKO to be..

Seen from Brussels the “Erika” highlighted all the weaknesses of the system… Lack of flag state implementation Inadequate class response and control An irresponsible shipowner (did not “show-up”) Lack of transparency Double standards with charterers An international system with agreed rules but serious lack of implementation and control 18/09/2018 Iberian seminar

In the wake of the Erika, INTERTANKO’s mission was: Hinder a European repetition of post-Exxon Valdez! Good INTERTANKO network in Brussels already before the accident happened (first chairman visit in 1993, Brussels tanker event in 1998) Chairman W.Hoegh immediately met with Commission Vice President de Palacio (Jan. 2000) Close co-operation with Commission in initial phase in order to dialogue on the input behind the proposals to come Very close and good co-operation with ECSA 18/09/2018 Iberian seminar

Brussels The main ”players” Commission (The executive) ECJ Commission Court European Parliament (Direct election) Council (Member States) 18/09/2018 Iberian seminar

Interacting with the Commission Loyola de Palacio (Margaritis Schinas) Commissioner for Transport and Energy Policy Francois Lamoureux Director General Fotis Karamitsos Director for maritime policy Willem de Ruiter Jean. Trestour Wolfgang Elsner Unit staff members 18/09/2018 Iberian seminar

Erika I An invitation for the industry to sign-up for “voluntary agreements” Proposal for an EU Regulation on (regional) phasing out of single hull tankers Proposal for radical amendments in the EU directive on Port State Control Proposal for radical amendments to the EU directive on Licensing of Class 18/09/2018 Iberian seminar

Erika II Proposal for a new EU Directive on Monitoring & Reporting of maritime traffic Proposal for EU Regulation establishing a European Maritime Safety Agency Proposal for a European third layer of oil pollution compensation (“COPE”) and a “wish-list” for future changes to the IOPC/CLC system 18/09/2018 Iberian seminar

INTERTANKO’s priorities To have the concept of a “voluntary agreement” abandoned To oppose regional rules (phase-out, COPE, VDR) To ensure long-term EU support for the IMO To fight any erosion of the power of the ship master To promote transparency on charterer in PSC-data To support the establishment of EMSA To avoid inclusion of shipping in the directive on liability for restoration of environmental damage To generally improve the standing of the tanker industry in Brussels 18/09/2018 Iberian seminar

The ”Triangle of power” Commission n EuroParl Council 18/09/2018 Iberian seminar

“Political Agreement” EU “Co-decision” Com Com EP Council Preparation Initiative EP “Pre Decision” Formal Proposal “Political Agreement” & “Common Position” EP opinion “First Reading” EP approves or rejects “Second Reading” Commission withdraws Council adopts “Conciliation” 18/09/2018 Iberian seminar

Erika -status Erika I, finally adopted in December 2001 Implementation in July 2003 Erika II, - COPE-proposal resolved in the context of IOPC - “Monitoring and reporting” close to adoption - EMSA close to adoption and operational end of 2002? 18/09/2018 Iberian seminar

So, what has been achieved? Concept of “voluntary agreement” scrapped “Phase-out” moved from EU to IMO Retrofitting of VDR partly moved from EU to IMO COPE moved from EU to IOPC “Weather ban” from bad to acceptable Shipping exempted from environmental damage directive “Port of refuge” obligation imposed on governments Naming of charterer in PSC detention data 18/09/2018 Iberian seminar

What’s next? Consolidation of the EU’s role in global maritime politics - EU membership in IMO Implementation of Erika I & II as well as PRF-directive Combat of low quality registers through co-ordinate EU initiatives in the IMO and the ILO. Focus on “the human element”? A co-ordinated European approach to post-September 11th maritime security Air pollution from sea going vessels The European Maritime Safety Agency up and running by 2003 Deregulation of port services - focus on pilotage Promotion of Short Sea Shipping A revision of EU competition rules. Implication for “tramp”? 18/09/2018 Iberian seminar

EU membership of IMO Commission’s practical argument: A need for better EU co-ordination Legal rational in EU law: When there is Community law the EU speaks with one voice Needs a mandate in order to renegotiate the Geneva convention The industry must decide whether it believes EU membership of the IMO will enhance maritime safety or not 18/09/2018 Iberian seminar

Environmental Liability Green paper in the early 1990s 2002 Commission proposal for a horizontal directive on liability for environmental damage Shipping generally exempted Important that HNS, bulk and IOPC conventions are ratified and implemented in Europe. Industry focus now on Member States and European Parliament 18/09/2018 Iberian seminar

Air emissions from ships Communication on air emissions from seagoing vessels Revision of Directive 99/32 - 0.2% in MDO Additional measures for HFO? Industry focus on ratification of MARPOL Annex VI. 1.5% in MARPOL SECA areas? 0.2 % in ports? If so how? Focus on input rather than output (fuels quality rather than on the ship emissions) 18/09/2018 Iberian seminar

Short Sea Shipping & Deregulation of port Services SSS as integrated part of EU transport policy ”Botle neck exercise” Informal Transport Council, Gijon May 2002 Focus on Ports (transparency, port services, benchmarking, pilotage) VTS & VTM Harmonisation of legal and administrative frameworks 18/09/2018 Iberian seminar

Thank you