The Connecticut Maritime Association 23 March 2009 Has industry lost the “International versus Unilateral” argument ? Peter M. Swift

What does the shipping industry seek ? Global Governance Structures for a Global Industry A consistent framework of rules, regulations and standards, implemented uniformly and applied in the same time frame. Why ? To ensure a level playing field To avoid uncertainty, confusion and complications To facilitate trade

Consistency – The ideal world International Regulations (via IMO, ILO, UNCLOS) Flag State – requirements, interpretation and application Port State Control Classification Societies – rules and interpretations Liability Regimes Civil and Criminal Penalties Commercial Inspection Practices Operating procedures and manuals – especially for safety critical items

Consistency – The real world Countervailing forces – local, national, regional National interests Environmental impact locally Frustration with effectiveness of international regimes Inconsistency / conflict with national law Societal expectations / political ambitions Commercial pressures ………..

Accommodating “local” pressures Internationally IMO MARPOL – opt-out for flag and port states on tanker phase-out deadlines Emission control areas (SECAs and ECAs) “Voluntary” member state audit Port State Control – regional regimes IOPC Voluntary supplementary fund UNFCC Common but differentiated responsibilities

Reactions to “local” pressures Nationally / Regionally EU Commission and Parliament keen to drive regional solutions and legislation – environmental, class, liability, compensation….. US Federal programmes historically not fully aligned to IMO conventions, and with individual states prepared to pre-empt Federal legislation……….. Elsewhere Australasia, Norway introduce local laws – principally environmental Port State Control regimes not harmonised

Living with “local” pressures - it ain’t all bad news !! Leading by example Port State Control Paris MoU – “Beacon Regime” Classification Societies IACS Unified Requirements and Interpretations Commercial OCIMF’s SIRE Programme

Particular EU problems – not always helpful EU Competition law challenges to Class and Common Structural Rule Mutual Recognition within Class Regulations / Marine Equipment Directive Potential for RO (Recognised Organisation) Code not consistent with IMO Criminalisation legislation not consistent with international law

What can we do ? The BASICS: Support the IMO with active participation Encourage ratification of IMO (and ILO) Conventions ( Including those already Entered / Entering into Force ) Discourage unilateral local, national and regional legislation Maintain “open” dialogue in regional centres, e.g. Europe (Brussels), US (Washington) and elsewhere (incl. Asia) but also advocate faster / easier Entry into Force criteria ??

Encourage Ratification by States of International Conventions IMO Conventions including: International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS), 2001 (*) International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004 Annex VI: Prevention of Air Pollution from Ships, 1996: International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78) (*) !996 Protocol to Convention on Limitation of Liability for Maritime Claims (LLMC), 1976 (*)Even though Entered/Entering into Force

Encourage Ratification by States of International Conventions International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND), 1971 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS), 1996 International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (*) ILO Convention(s): Seafarers' Identity Documents Convention (Revised), (C185), 2003 Maritime Labour Convention, (MLC) 2006 (*) Even though Entered/Entering into Force

Encourage Ratification by States of International Conventions and UNCLOS !

Support IMO Member State Audit scheme Encourage full transparency in findings Stress responsibilities for undertaking casualty investigations * Remind Coastal States of their obligations, - ensuring fair and consistent processes ** * RT Guidelines on Flag State Performance ** BIMCO Quality Coastal State programme

Champion Consistency in International Standards Joint Industry Programmes CLASSIFICATION SOCIETIES Support IACS on uniform requirements and uniform interpretations, as well as survey procedures, etc. CLASSIFICATION SOCIETIES AND SHIPBUILDERS Maintain Tripartite dialogue between international shipbuilders, classification societies and shipowners Seek uniformity of standards, e.g. coating performance; lifeboats and lifesaving equipment, construction survey plans; operating manuals, provision of cadet berths, etc.

What else can we do ? Be alert to local / national issues Speak out - with a strong united voice: No matter be it: Equipment not fit for purpose Failure to adhere to IMO/ILO Guidelines Political interference Industry failings or shortcomings Or other….. While ALWAYS championing High Standards and Best Practices as a Responsible Industry

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