ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003...

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ITOPF INTERNATIONAL SEMINAR ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Singapore, 3 December 2003 Peter M. Swift Peter M. Swift

Transcript of ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003...

Page 1: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

ITOPF INTERNATIONAL SEMINARITOPF INTERNATIONAL SEMINAR

SPILL PREPAREDNESS, RESPONSE AND SPILL PREPAREDNESS, RESPONSE AND COMPENSATIONCOMPENSATION

Singapore, 3 December 2003Singapore, 3 December 2003

Peter M. SwiftPeter M. Swift

Page 2: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

All in the same boat

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Shipowners are Shipowners are the primary link in the primary link in the responsibility the responsibility

chainchain

PORTS & PORTS & TERMINALSTERMINALS

CHARTERERSCHARTERERS

SHIPOWNERSHIPOWNERCLASS CLASS

SOCIETIESSOCIETIES

SHIPYARDSSHIPYARDS

INSURERSINSURERS

BANKS & BANKS & INVESTORSINVESTORSFLAG STATESFLAG STATES

CARGO OWNERSCARGO OWNERS

Chain of Responsibility

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EFFECTIVE PARTNERSHIPEFFECTIVE PARTNERSHIP

SHIPOWNER

SHIPYARDS

INSURERS

BANKS &INVESTORS

CARGO OWNERS

CHARTERERS

PORTS & TERMINALS

CLASSSOCIETIES

FLAG STATES

PARTNERSHIP:Working with regulators and legislators

Page 5: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

Tripartite discussions between owners, builders and class

- practical means to address design margins, issues

and standards

Deck Head Corrosion

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UNDER DECK WALK WAY OF DOUBLE SIDE TANK OF SUEZMAX SHOWING VERY SMALL DISTANCE FROM WALK WAY HAND RAIL TO

SIDE SHELL

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Industry Flag State Guidelines

Page 8: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

Need Realistic Master-Pilot Exchange

Passage Planning• Known navigational hazards• Recommended anchorages• Possible grounding areas• Expected berthing locations

Ship characteristics exchange

Page 9: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

Terminal Vetting

• Database of ships’ experiences at terminals and berths

• Standard one-page report

• NOT an “approval” process

• Report used in non-confrontational dialogue with terminal operators

Page 10: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

All in the Same Boat

But…

Are all the crew on board ?

Page 11: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

All in the same boat, but are all the crew on board ?

CONVENTION :Bunkers Convention (2001)

RATIFIED BY :Jamaica, Spain, Tonga

EU Transport Council, December 2002: ”ENCOURAGES Member States, as soon as possible, to ratify or accede to the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001”

Page 12: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

All in the same boat, but are all the crew on board ?

CONVENTION :Carriage of Hazardous and Noxious Substances by Sea (HNS 1996)

RATIFIED BY :Angola, Morocco, Russian Federation, Tonga

EU Transport Council, December 2002: ”ENCOURAGES Member States, as soon as possible, to ratify or accede to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996”

Page 13: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

All in the same boat, but are all the crew on board ?

CONVENTION :

Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances (OPRC-HNS Protocol 2000)

RATIFIED BY :

Ecuador, Greece, Malta, The Netherlands, Poland, Singapore, Sweden, Uruguay

Page 14: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

All in the same boat, but are all the crew on board ?

CONVENTION :MARPOL Annex VI: Prevention of Air Pollution from Ships (Sept. 1997)

RATIFIED BY :Bahamas, Bangladesh, Denmark, Germany, Greece, Liberia, Marshall Islands, Norway, Panama, Singapore, Spain, Sweden

Europe : 1999/32 (Seriously flawed and now being amended)

Page 15: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

All in the same boat, but are all the crew on board ?

CONVENTION :Antifouling Convention (2001)

RATIFIED BY :Antigua & Barbuda, Denmark, Japan, Nigeria, Norway

European Ban on TBT since 1.1.2003 plus encouragement to Member states to ratify AFS Convention

Page 16: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

Port Reception Facilities

An International Failure:

- Inadequacy of Reception of Annex I wastes still an issue for Tanker Owners

- States turning to policing measures w/o first providing the solution (Mediterranean aerial surveillance, Baltic oil tagging) – must return to the source of the problem, not end of pipe solutions

Problems in Europe and elsewhere:

Disputes over capability of ship to reach next port without the need for discharging waste

Fee systems progressively increased

Over-regulation of facilities causing closures, e.g. Italy

Page 17: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

The chain that we The chain that we ignore at our perilignore at our peril

SHIPPING SHIPPING INDUSTRYINDUSTRY

PUBLICPUBLIC

POLITICIANSPOLITICIANS

NON-SHIPPING NON-SHIPPING MEDIAMEDIA

Communication Chain

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Annex VI compliant engines since 2000

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Ship Recycling

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The VOCON ProjectCargo loss to atmosphere during

transportation

Loss of Volatile Organic Compound Vapour during Transportation

Crude Oil Cargo

Vapour from the Cargo plus Inert Gas

Vapour Pressure Generated by the Cargo

When the Vapour

Pressure is too

great for the hull, release occurs

Page 21: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

Ballast Water Management

Industry working with IMO and others: – workshops and seminars, training initiatives,

prototype trials

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Safety: Complete double hull*

*no tank containing cargo, fuel oil, lubricating oil or contaminated water is in contact with the outer hull

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All in the same boat

Page 24: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

Places of RefugePlaces of Refuge

A Solution Waiting to be A Solution Waiting to be ImplementedImplemented

Page 25: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

• “ Coastal states should review their contingency arrangements so that disabled ships are provided with assistance and facilities as may be required in the circumstances. “ Bill O’Neil, IMO

• “ Member states should draw up plans whereby ships in distress may, if the situation so requires, be given refuge in their ports or any other sheltered area in the best conditions possible. Where necessary and feasible these plans should include the provision of adequate means and facilities for assistance, salvage and response pollution. “ EU Monitoring Directive

• “ The Baltic Sea states will intensify the cooperation on adequate emergency capacity (fire fighting, emergency lightering and towing capacities) by drawing up plans to ensure that ships in distress may go to a place of refuge.”Helsinki Commission

Supported by INTERTANKO, INTERCARGO, ICS, BIMCO, ISU

PLACES OF REFUGEPLACES OF REFUGE

Page 26: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

THE CRIMINALISATION OF SEAFARERS FOR ACCIDENTAL POLLUTION

DOES NOTHING TO PROMOTE SAFER SHIPPING AND ENVIRONMENTAL PROTECTION

“Spain rejects Mangouras appeal”

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Shipping industryShipping industry

• Feedback mechanisms weak

• We must learn from accidents and from our mistakes

SHIPOWNER

SHIPYARDS

INSURERS

TRAFFICMANAGEMENT

CARGO OWNER

CHARTERER

PORTS & TERMINALS

CLASSSOCIETIES

FLAG STATES

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All in the same boatworking for

SAFE, SECURE AND CLEAN SEAS

Page 29: ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Singapore, 3 December 2003 Peter M. Swift.

Thank you

www.intertanko.com