VIII INTERNATIONAL SEMINAR RUSSIAN MARITIME REGISTER OF SHIPPING MARINE ENVIRONMENT SAFETY MANAGEMENT JOSEPH ANGELO DIRECTOR REGULATORY AFFAIRS AND THE AMERICAS CHALLENGES FACING THE TANKER INDUSTRY JOSEPH ANGELO DIRECTOR REGULATORY AFFAIRS AND THE AMERICAS

CHALLENGES FACING THE TANKER INDUSTRY CRIMINAL SANCTIONS FOR ENVIRONMENTAL POLLUTION FLAG STATE/COASTAL STATE/ PORT STATE COMMITMENT UNILATERTAL ACTION

CRIMINAL SANCTIONS INTERTANKO FIRMLY BELIEVES THAT ANY SEAFARER OR SHIP OPERATOR THAT VIOLATES THE LAW WILLINGLY OR KNOWINGLY CONTRIBUTES TO THE VIOLATION OF THE LAW SHOULD BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW, HOWEVER

CRIMINAL SANCTIONS BILL C-15 IN CANADABILL C-15 IN CANADA EUROPEAN DIRECTIVE ON SHIP-SOURCE POLLUTIONEUROPEAN DIRECTIVE ON SHIP-SOURCE POLLUTION ENFORCEMENT UNDER UNITED STATES LAWENFORCEMENT UNDER UNITED STATES LAW

CRIMINAL SANCTIONS CANADIAN BILL C-15 PENALTIES IN THE ABSENCE OF FAULT ON THE PART OF A CREW MEMBER, INCLUDING ACCIDENTAL DISCHARGES MASTER MAY BE CHARGED FOR CRIMINAL ACTIONS OF CREW ACCUSED PERSON IS GUILTY UNTIL PROVEN INNOCENT

CRIMINAL SANCTIONS EUROPEAN DIRECTIVE CRIMINAL SANCTIONS MAY BE IMPOSED IN THE CASE OFACCIDENTAL INCIDENTS (“SERIOUS NEGLIGENCE”) APPLIES TO ALL ELEMENTS OF THE MARINE TRANSPORTATION CHAIN (CHARTERS, CLASS SOCIETIES, CREW)

CRIMINAL SANCTIONS ENFORCEMENT IN THE US KNOWINGLYCRIMINAL PENALITES FOR THOSE WHO KNOWINGLY VIOLATE THE LAW AGGRESSIVE POSTURE TOWARD PROSECUTION CONCENTRATES ON FLAGRANT, REPETITIVE VIOLATORS AND THOSE THAT ATTEMPT TO OBSTRUCT AN INVESTIGATION

CRIMINAL SANCTIONS NEGATIVE EFFECTS FEAR OF PROSECUTION COULD LEAD TO: FAULTY ACCIDENT INVESTIGATIONS MINIMAL ACTION BY CREW MASTER/OFFICER FATIGUE DUE TO CONSTANT CREW MONITORING TRAGIC CONSEQUENCES

COMMITMENT RECEPTION FACILITIES RATIFICATION OF TREATIES PORTS OF REFUGE

COMMITMENT RECEPTION FACILITIES 130 NATIONS HAVE RATIFIED MARPOL WHICH REQUIRES THE INSTALLATION OF RECEPTION FACILITIES A NUMBER OF NATIONS HAVE NOT MET THEIR TREATY OBLIGATIONS LACK OF RECEPTION FACILITIES LEADS TO “INNOVATIVE” MEASURE

COMMITMENT RATIFICATION OF TREATIES THREE MAJOR IMO ENVIRONMENTAL TREATIES HAVE BEEN ADOPTED AIR POLLUTION (ANNEX VI) IN FORCE (2005) – 22 COUNTRIES ANTI-FOULING CONVENTION NOT IN FORCE – 11 COUNTRIES BALLAST WATER MANAGEMENT NOT IN FORCE – 4 COUNTRIES

COMMITMENT PORTS OF REFUGE IMO ADOPTED GUIDELINES FOR COUNTRIES TO IDENTIFY AREAS VERY FEW COUNTRIES HAVE DONE SO DURING AN EXERCISE WITH A TANKER IN DISTRESS, ONE COUNTRY INDICATED THAT NONE OF ITS PORTS WOULD BE CONSIDERED AS A PORT OF REFUGE FOR THE TANKER DUE TO ENVIRONMENTAL CONCERNS

UNILATERAL ACTION BALLAST WATER MANAGEMENT MANAGEMENT AIR POLLUTION

UNILATERAL ACTION BALLAST WATER MANAGEMENT IMO TREATY ADOPTED IN 2004 IN 2005 US SENATE COMMITTEE PASSED BWM BILL WITH STANDARDS THAT EXCEED IMO TREATY USCG DEVELOPING BWM STANDARD THAT MAY EXCEED IMO TREATY

UNILATERAL ACTION BALLAST WATER MANAGEMENT MARCH 2005, US FEDERAL JUDGE RULES BALLAST WATER DISCHARGES MUST BE REGULATED BY US ENVIRON- MENT PROTECTION AGENCY (EPA) UNDER THEIR PERMIT SYSTEM HEARING IN NOVEMBER 2005 INDUSTRY COALITION PARTY TO CASE

UNILATERAL ACTION AIR POLLUTION IMO TREATY (ANNEX VI TO MARPOL) ENTERED INTO FORCE IN MAY 2005 MEPC 53 (JULY 2005) AGREES TO REVIEW ANNEX VI WITH A VIEW TO REVISION US EPA ISSUED FINAL RULE FOR ANNEX VI STATING THAT HIGHER STANDARDS WILL BE IMPLEMENTED IN 2007

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