1. SAFETY & ENVIRONMENT AT SEA “CONVENTIONAL WISDOM” Barcelona 30 October 2003 Peter Swift

2. SAFETY & ENVIRONMENT AT SEA “A TANKER PERSPECTIVE”

3. Oil into the Sea Annual Releases, best estimates

4. US Oil Spills m gallons Source: USCG

5. US Oil Spills from Tankers m gallons Source: USCG

6. Development of tanker oil spills Source: ITOPF 2003

7. Accidental oil spills from tankers 1970-2003

8. Tanker incidents – improving record

9. Tanker incidents by cause All tanker sizes, most incidents without pollution or fatalities

10. Conventional Wisdom – A Tanker Perspective But what exactly is the problem ? - Safety ? Environmental damage ? Oil in water ? Spills from tankers ? Emissions to air ? Inadequate compensation ?

11. Conventional Wisdom Plenty of Solutions: “We have to legislate – we need more sanctions” or “We do not need more legislation” “We need implementation and enforcement not new legislation” “We need ‘better’ regulations not ‘arbitrary’ regulations” “We need ‘rational’ legislation not ‘knee-jerk’ reactions” but It must be at the international level

12. Conventional Wisdom International Maritime Conventions UNCLOS IMO And also US & EU regulations and directives

13. United Nations Convention on the Law of the Sea (UNCLOS) Adopted 1982 Number of signatories: 143 countries Still not ratified by the U.S., but now under review “The United Nations Convention on the Law of the Sea lays down a comprehensive regime of law and order in the world's oceans and seas establishing rules governing all uses of the oceans and their resources. It embodies in one instrument traditional rules for the uses of the oceans like freedom of Navigation and at the same time introduces new legal concepts and regimes and addresses new concerns. The Convention also provides the framework for further development of specific areas of the law of the sea.”

15. Conventional Wisdom – A STATUS REPORT  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

16. Conventional Wisdom – A STATUS REPORT  CONVENTION : Carriage of Hazardous and Noxious Substances by Sea (HNS 1966)  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”

17. Conventional Wisdom – A STATUS REPORT  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”

18. Conventional Wisdom – A STATUS REPORT  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)

19. Conventional Wisdom – A STATUS REPORT  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

20. Conventional Wisdom – A STATUS REPORT  CONVENTION : MARPOL Annex IV : Prevention of Pollution by Sewage from Ships (1973, modified 1978) - Discharges of sewage with related requirements for on-board treatment equipment, on-board management systems, and requirements for port states to provide reception facilities  ENTERED INTO FORCE : OCTOBER 2003 !

21. 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 A European Concern: Implementation of Directive not uniform – ports allowed to implement w/o direction from state leading to different interpretation of: - Capability of ship to reach next port w/o need for discharging waste - Fee systems increased beyond previous levels - Over-regulation of facilities causing closures, e.g. Italy

22. Places of Refuge A Solution Waiting to be Implemented Erika II Package – December 2000 Requires Each Member State to Draw up Emergency Plans for Hosting Ships in Distress in Places of Refuge

23. Conventional Wisdom - It would be Wise to ratify existing Conventions States need to “Walk the Talk”

24. The Solution ? SHIPOWNER SHIPYARDS INSURERS BANKS & INVESTORS CARGO OWNER CHARTERER PORTS & TERMINALS CLASS SOCIETIES FLAG STATES PARTNERSHIP: Working with regulators and legislators

25. Barcelona - a great city, with great hospitality

26. Spain rejects Mangouras appeal Spain’s constitutional court in Madrid has rejected an appeal by Prestige master Apostolos Mangouras against the bail sum on him following the sinking of the Prestige.

27. Thank you www.intertanko.com