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

2. 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

3. 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..

4. 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

5. 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
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Iberian seminar

6. Brussels The main ”players”
Commission
(The executive)
ECJ
Commission
Court
European
Parliament
(Direct election)
Council
(Member States)
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Iberian seminar

7. 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
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Iberian seminar

8. 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

9. 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
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Iberian seminar

10. 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
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Iberian seminar

11. The ”Triangle of power”
Commission n
EuroParl
Council
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Iberian seminar

12. “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”
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Iberian seminar

13. 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?
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Iberian seminar

14. 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
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Iberian seminar

15. 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

16. 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
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Iberian seminar

17. 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
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Iberian seminar

18. Air emissions from ships
Communication on air emissions from seagoing vessels
Revision of Directive 99/ % 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

19. 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
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Iberian seminar

20. Thank you