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Published byKerry Bradford Modified over 9 years ago
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Anti-Trust/Competition Law Compliance Statement INTERTANKO’s policy is to be firmly committed to maintaining a fair and competitive environment in the world tanker trade, and to adhering to all applicable laws which regulate INTERTANKO’s and its members’ activities in these markets. These laws include the anti-trust/competition laws which the United States, the European Union and many nations of the world have adopted to preserve the free enterprise system, promote competition and protect the public from monopolistic and other restrictive trade practices. INTERTANKO’s activities will be conducted in compliance with its Anti- trust/Competition Law Guidelines.
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Northern European Panel, Hamburg, 31 March 2009 Update on European Union issues Kristian R. Fuglesang Assistant Director INTERTANKO
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Northern European Panel, Hamburg, 31 March 2009 Backcloth European Union in transition Czech Presidency, to be followed by Sweden European Parliament Election 4 – 7 June New Commission in the autumn Some current EU issues
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Northern European Panel, Hamburg, 31 March 2009 Presidency Changes every 6 months First half 2009: Czech Republic Second half 2009: Sweden Czech Prime Minister lost confidence vote –Has happened before Denmark 1993, Italy 1996 –Hardly any impact on European legislative process However:
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Northern European Panel, Hamburg, 31 March 2009 Presidency ctd. Czech Republic and Ireland only countries that have not ratified Lisbon Treaty If Treaty rejected by Czech Senate, then the Nice Treaty will apply for appointment of new Commission scheduled for November. Constitutional issues: Nice Treaty does not specify procedure to agree on this reduced and unknown number of Commission Either new Czech government or new election in the Czech Republic
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Northern European Panel, Hamburg, 31 March 2009 Sweden now dealing with maritime affairs on behalf of the Czech Presidency Spain first half 2010 Belgium second half 2010
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Northern European Panel, Hamburg, 31 March 2009 New Commission in November Unknown whether Tajani will be re- appointed
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Northern European Panel, Hamburg, 31 March 2009 European Parliament Elections 4 – 7 June – proportional rep. New EP meets 29 June 736 MEPs (currently 785) Month of political group and plenary sessions Month’s summer holiday from 27 July Draft laws passed by Committee carried over, but not those that have not passed Committee stage.
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Northern European Panel, Hamburg, 31 March 2009 Priorty to Environmental issues Climate change IMO preferred solution End 2011 deadline, –If not satisfactory IMO solution, then shipping in EU-ETS by 2013 –Parallel to Aviation –Study underway –UNFCCC COP 15, Copenhagen December
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Northern European Panel, Hamburg, 31 March 2009 3rd Maritime Safety Package adopted Contains good and not so good measures Mainly good Insurance –Outcome far more acceptable than first draft Flag State compliance –Member States put their foot down
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Northern European Panel, Hamburg, 31 March 2009 Vessel Traffic Monitoring and Information Places of refuge –Plans to be drawn up –One or more competent authority with required expertise and power to take independent decisions on their own initiative Obligation on shipper Confidentiality of info for SafeSeaNet Fair treatment of seafarers
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Northern European Panel, Hamburg, 31 March 2009 Port State Control Mirrors changes in Paris MoU Risk based inspection regime Concentration on substandard ships –Quality ships rewarded –Good inspection record –Flag complying with IMO Member State Audit –Name of charterer included when ship banned
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Northern European Panel, Hamburg, 31 March 2009 Reconised organisations (ROs) Directive – Flag State delegation of statutory power to ROs Regulation –Stringent requirements on transparency and class’ self regulation –Mutual recognition where this can be done without jeopardising safety - controversial
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Northern European Panel, Hamburg, 31 March 2009 Future Maritime Policy Maritime Transport Strategy 2009 – 2018 –Cornerstone –No groundbreaking new ideas –Good overview – IMO principles permeate –EU role in IMO controversial –More EU initiatives to come European Maritime transport space without barriers
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Northern European Panel, Hamburg, 31 March 2009 EU strategy for better ship dismantling Dealt with by DG ENV Environment organisations active Early implementation of IMO convention on ship dismantling (to be adopted in Hong Kong in May), but expect some undesirable suggestions
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Northern European Panel, Hamburg, 31 March 2009 Competition rules for tramp shipping Rules in force Expect targeted enforcement action by Commission Ensure that all commercial arrangements are in compliance
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Northern European Panel, Hamburg, 31 March 2009 Ship source pollution and criminal sanctions ECJ annulled Framework Decision Thus revision of original Directive needed to be updated to include main aspects of annulled Framework EP Environment Com. Suggested deletion of “serious” in “serious negligence” Have argued for MARPOL standards
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Northern European Panel, Hamburg, 31 March 2009 Erika – Commune de Mesquer Definition of waste –Oil mixed with water and sediments no longer marketable fuel oil, but waste. –Thus different rules apply –Potential of unlimited liability –Potentially increasing number of liable parties
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Northern European Panel, Hamburg, 31 March 2009 New Union for the Mediterranean Increased cooperation, e.g. –Environmental protection –Illegal immigration –Drug trafficking No security charge or tax on vessels passing through the Mediterranean
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Northern European Panel, Hamburg, 31 March 2009 Baltic Sea Strategy Request by European Council Coordination purpose: –Member States, Regions, Financing institutions, EU, Pan-Baltic organisations, NGO –Environmental sustainability, enhance region’s competitiveness, labour and tourism, safe and secure Will be Swedish presidency priority –Communication and action plan –Drafts available soon, then comment, final June
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Northern European Panel, Hamburg, 31 March 2009 For updates, read Weekly News Thank you for your attention
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