ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift

All in the same boat

Shipowners are the primary link in the responsibility chain PORTS & TERMINALS CHARTERERS SHIPOWNER CLASS SOCIETIES SHIPYARDS INSURERS BANKS & INVESTORS FLAG STATES CARGO OWNERS Chain of Responsibility

EFFECTIVE PARTNERSHIP SHIPOWNER SHIPYARDS INSURERS BANKS & INVESTORS CARGO OWNERS CHARTERERS PORTS & TERMINALS CLASS SOCIETIES FLAG STATES PARTNERSHIP: Working with regulators and legislators

Tripartite discussions between owners, builders and class - practical means to address design margins, issues and standards Deck Head Corrosion

UNDER DECK WALK WAY OF DOUBLE SIDE TANK OF SUEZMAX SHOWING VERY SMALL DISTANCE FROM WALK WAY HAND RAIL TO SIDE SHELL

Industry Flag State Guidelines

Need Realistic Master-Pilot Exchange Passage Planning Known navigational hazards Recommended anchorages Possible grounding areas Expected berthing locations Ship characteristics exchange

Terminal Vetting Database of ships’ experiences at terminals and berths Standard one-page report NOT an “approval” process Report used in non-confrontational dialogue with terminal operators

All in the Same Boat But… Are all the crew on board ?

All in the same boat, but are all the crew on board ?  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”

All in the same boat, but are all the crew on board ?  CONVENTION : Carriage of Hazardous and Noxious Substances by Sea (HNS 1996)  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”

All in the same boat, but are all the crew on board ?  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

All in the same boat, but are all the crew on board ?  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)

All in the same boat, but are all the crew on board ?  CONVENTION : Antifouling Convention (2001)  RATIFIED BY : Antigua & Barbuda, Denmark, Japan, Nigeria, Norway  European Ban on TBT since plus encouragement to Member states to ratify AFS Convention

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 Problems in Europe and elsewhere: Disputes over capability of ship to reach next port without the need for discharging waste Fee systems progressively increased Over-regulation of facilities causing closures, e.g. Italy

The chain that we ignore at our peril SHIPPING INDUSTRY PUBLIC POLITICIANS NON-SHIPPING MEDIA Communication Chain

Annex VI compliant engines since 2000

Ship Recycling

The VOCON Project Cargo loss to atmosphere during transportation

Ballast Water Management Industry working with IMO and others: – workshops and seminars, training initiatives, prototype trials

Safety: Complete double hull* *no tank containing cargo, fuel oil, lubricating oil or contaminated water is in contact with the outer hull

All in the same boat

Places of Refuge A Solution Waiting to be Implemented

“ Coastal states should review their contingency arrangements so that disabled ships are provided with assistance and facilities as may be required in the circumstances. “ Bill O’Neil, IMO “ Member states should draw up plans whereby ships in distress may, if the situation so requires, be given refuge in their ports or any other sheltered area in the best conditions possible. Where necessary and feasible these plans should include the provision of adequate means and facilities for assistance, salvage and response pollution. “ EU Monitoring Directive “ The Baltic Sea states will intensify the cooperation on adequate emergency capacity (fire fighting, emergency lightering and towing capacities) by drawing up plans to ensure that ships in distress may go to a place of refuge.” Helsinki Commission Supported by INTERTANKO, INTERCARGO, ICS, BIMCO, ISU PLACES OF REFUGE

THE CRIMINALISATION OF SEAFARERS FOR ACCIDENTAL POLLUTION DOES NOTHING TO PROMOTE SAFER SHIPPING AND ENVIRONMENTAL PROTECTION “Spain rejects Mangouras appeal”

Shipping industry Feedback mechanisms weak We must learn from accidents and from our mistakes SHIPOWNER SHIPYARDS INSURERS TRAFFIC MANAGEMENT CARGO OWNER CHARTERER PORTS & TERMINALS CLASS SOCIETIES FLAG STATES

All in the same boat working for SAFE, SECURE AND CLEAN SEAS

Thank you