1. Leven Siano 31/10/13

3. BUNKERS OIL SPILL FOLLOWING THE VESSEL´S EXPLOSION REACHING ABOUT 30 KILOMETERS WITHOUT IMMEDIATE CONTAINMENT

4. 20 15B 9B 9A 22 13 11A 11B 14 21B 21C 23C 23D 3A 24 23B 6 17A 17B 17C 23A 19B 25 15A 21A 0 1 5 7A 7B 8 19A 3B INEXISTENCE OF A PREVIOUS PLAN MAPPING THE SENSITIVE AREAS AND DETERMINING THE CORRECT CLEAN UP TECHNIQUES FOR EACH AFFECTED AREA

5. Different affected areas demanding different clean up techniques

8. Position/VesselYearLocation Spill Size (tonnes) 1 Atlantic Empress1979Off Tobago, West Indies287,000 2 ABT Summer1991 700 nautical miles off Angola 260,000 3 Castillo Bellver1983 Off Saldanha Bay, South Africa 252,000 4 Amoco Cadiz1978Off Brittany, France223,000 5 Haven1991Genoa, Italy144,000 6 Odyssey1988 700 nautical miles off Nova Scotia, Canada 132,000 7 Torrey Canyon1967Scilly Isles, UK119,000 8 Sea Star1972Gulf of Oman115,000 9 Irenes Serenade1980Navarino Bay, Greece100,000 10 Urquiola1976La Coruna, Spain100,000 11 Hawaiian Patriot1977 300 nautical miles off Honolulu 95,000 12 Independenta1979Bosphorus, Turkey95,000 13 Jakob Maersk1975Oporto, Portugal88,000 14 Braer1993Shetland Islands, UK85,000 15 Khark 51989 120 nautical miles off Atlantic coast of Morocco 80,000 16 Aegean Sea1992La Coruna, Spain74,000 17 Sea Empress1996Milford Haven, UK72,000 18 Nova1985Off Kharg Island, Gulf of Iran70,000 19 Katina P1992Off Maputo, Mozambique66,700 20 Prestige2002Off Galicia, Spain63,000 35 Exxon Valdez1989 Prince William Sound, Alaska, USA 37,000 Largest oil spills from vessels since 1967 Fonte: www.itopf.com

9.  PROTECTION OF THE ENVIRONMENT  PRECAUTIONARY AND PROTECTIVE MEASURES  QUICK AND EFFECTIVE ACTION FOR MITIGATING DAMAGES  EFFECTIVE PREPARADNESS  ART.3º: EMERGENCY RESPONSE PLANS FOR OIL POLUTION FROM VESSELS, RIGS AND PORTS.

10. 10  Provides policy and response framework for government organisation (s)  Allows implementing a complex response organization in a calm, non-emergency environment - free from any pressure  Fulfils the requirements of I nternational Agreements, e.g. OPRC

11.  MAPPING  ALERT  RESPONSE  EMERGENCY AND CRISIS MANAGEMENT  WHO PAYS?

12. 12 Strategy plan study of the risks and impacts of spills identification of adequate response strategy definition of a response organisation Operational plan summarizes the findings of the strategic study formatted in a clear document for responders

13. 13  Analyze the risk of oil spills  Estimate the likely behaviour and fate of the oil spilled  Assess the threat to sensitive areas  Analyze the risk of oil spills  Estimate the likely behaviour and fate of the oil spilled  Assess the threat to sensitive areas Define best-suited oil spill response strategy Define resources needed to implement the strategy Define requirements for training and exercises Define best-suited oil spill response strategy Define resources needed to implement the strategy Define requirements for training and exercises

14. 14  Justifies the technical choices based on scientific risk analysis and assessment of potential impacts

15. 15  Behaviour of oil: ◦ Estimate at least evaporation and likelihood of emulsifying as a function of time spent at sea  Likely movements of oil slicks: ◦ Use historical data on winds and currents ◦ Calculate drifting of oil slicks

16. 16  Technical choices should be based on NEBA analysis, based on following principle: “The aims of oil spill response are to minimize damage to environmental and socioeconomic resources, and to reduce the time for recovery of affected resources by achieving an acceptable standard of cleanliness.” Source: IPIECA – Volume no. 10

17. 17 WHO ALERTS WHO? WHO COMMANDS WHO? WHO DOES WHAT? WHO PAYS WHAT? Operational plan

18.  INTERRUPTION OF DISCHARGE AND CONTAINMENT OF SPILL;  PROTECTION OF VULNERABLE AREAS;  SPILL MONITORING;  CLEAN UP AND MECHANICAL OR CHEMICAL DISPERSEMENT;  WHAT TO DO WITH THE RESIDUES;

19. 19 1. Has there been a realistic assessment of the nature and size of the possible threat, and of the resources most at risk, bearing in mind the probable movement of any oil spilled? 2. Have priorities for protection been agreed, taking into account the viability of the various protection and clean-up options? Source : IMO

20. 20 3. Has a strategy for protecting and cleaning the various areas been agreed and clearly explained? 4. Has the necessary organisation been outlined and the responsibilities of all those involved been clearly stated with no ‘grey areas’ - will all who have a task to perform be aware of what is expected of them? Ten questions for assessing the adequacy of a contingency plan Source : IMO

21. 21 5. Are the levels of equipment, materials and manpower sufficient to deal with the anticipated size of spill. If not, have back-up resources been identified and, where necessary, have mechanisms for obtaining their release and entry to the country been established? 6. Have temporary storage sites and final disposal routes for collected oil and debris been identified? Ten questions for assessing the adequacy of a contingency plan Source : IMO

22. 22 7. Are the alerting and initial evaluation procedures fully explained as well as arrangements for continual review of the progress and effectiveness of the clean- up operation? 8. Have the arrangements for ensuring effective communication between shore, sea and air been described? Ten questions for assessing the adequacy of a contingency plan Source : IMO

23. 23 9. Have all aspects of the plan been tested and nothing significant found lacking? 10. Is the plan compatible with plans for adjacent areas and other activities? Ten questions for assessing the adequacy of a contingency plan Source : IMO

24. 24 WHO ALERTS WHO? WHO COMMANDS WHO? WHO DOES WHAT? WHO PAYS WHAT? USA: OPA 90 SECTION 4203 – CONTINGENCY AND RESPONSE PLANS

25.  THE POLLUTER IS A PARTY THAT IS DIRECTLY OR INDIRECTLY RESPONSIBLE FOR AN ACTIVITY THAT CAUSES ENVIRONMENTAL DAMAGE (ART. 3rd, item IV of Law 6.938/81).

26. PORTS, PORT INSTALATIONS AND RIGS:  INSTALATIONS TO RECEIVE AND TREAT OIL RESIDUES (ART. 5);  PROCEDURES MANUAL FOR MANAGEMENT OF POLUTION RISKS (ART. 6);  INDIVIDUAL EMERGENCY PLANS APPROVED BY THE COMPETENT ENVIRONMENTAL AUTHORITY IN ORDER TO BECOME CONTINGENCY PLANS (ARTs. 7 and 8);  INDEPENDENT ANNUAL ENVIRONMENTAL AUDITS (ART.9);

27. Oil Spill Management training course - Durres, Rep. of Albania - 13 to 15 December 2006 27 National Authority takes overall responsibility NO Can response be handled on site using local resources? Can response be handled on site using local resources? Tier 1 / Tier 2 Tier 3 Mobilize resources from other government organizations or through international assistance Notify IMO Initiate response Notify national authorities Initiate response Notify national authorities YES

28.  R$ 115M (caUSD53M) FINES  PORT AND TERMINAL LISTED AS DEFENDANTS IN THE CIVIL PUBLIC ACTION SUIT AS WELL AS RECOVERY MEASURES REACHING CA R$ 196M (caUSD90M)  THE TERMINAL HAS BEEN LISTED AS DEFENDANT IN THOUSANDS OF CLAIMS  THE TERMINAL, THE PRESIDENT OF THE TERMINAL, THE CONSULTANT THAT ELABORATED THE INDIVIDUAL PLAN FOR THE TERMINAL, THE PUBLIC SERVANT WHO APPROVED THE PLAN, THE PORT SUPERINTENDENT, THE OPERATIONAL DIRECTOR OF THE PORT, THE SPILL CLEAN UP COMPANY AND ITS DIRECTOR ARE ALL LISTED AND ARE BEING PROSECUTED IN FEDERAL CRIMINAL PROCEEDINGS FOR ENVIRONMENTAL DAMAGE.

29. OMMISSIONS BEFORE THE INCIDENT INSUFFICIENT EMERGENCY AND AREA PLANS CONDUCTS AFTER THE INCIDENT DECISIONS AGGRAVATING THE RISKS

30.  OBRIGADO!  THANK YOU! levensiano@sianoemartins.com.br