1. ITOPF INTERNATIONAL SEMINAR SPILL PREPAREDNESS, RESPONSE AND COMPENSATION Madrid, 2 December 2004 Peter M. Swift

2. Have we learnt the lessons from PRESTIGE ?

3. Should this ship have been allowed to break up ?

4. Was this well coordinated and the best course of action ? Towing route of ”the Prestige”

5. Should this man have been detained for more than two years without trial ?

6. The principal lessons  Industry’s performance is falling short of Society’s expectations  Society’s tolerance for such accidents is effectively zero

7. Other lessons  Preparedness  Response  Lack of understanding and trust - inadequate dialogue

8. The immediate aftermath  Newsworthy accident invites comments from ALL interested parties  Respondents and commentators have their own agendas

9. Understanding the agenda  Significance of event to local interests routinely underestimated  Industry facts are of limited interest to most  Public and politicians expect ”action” quickly  Scapegoats may be necessary to deflect culpability from others  Media need a good story  Many parties hope to capitalise on the opportunies  Industry is often overcautious – public may doubt the value of investigations, etc.

10. Seeking solutions - Everyone has the answer !  Politicians and legislators propose political and legislative solutions  Industry offers technical, operational and procedural solutions  Politicians and public want quick fixes  Industry takes longer term view and cautions against hasty, ill-considered solutions

11. Seeking solutions Technical versus Political  Industry advocates heavy fuel oil in only double hulls  Politicians demand accelerated single hull phase-out and extra surveys  Industry advocates new measures at global level  Politicians demand regional and local legislation  Industry pushes for Places of Refuge  Politicians demand information on ’dangerous’ ships and cargoes  Industry refers to UNCLOS, MARPOL and SOLAS  Politicians challenge UNCLOS and MARPOL, and support PSSAs  Industry pushes for Reception facilities  Politicians support interceptions and tanker tracking

12. INTERCEPTION ON THE HIGH SEAS The “political” solution

13. Seeking solutions Technical versus Political  Was industry ”listening” ?  Do the public and politicians care what industry says or thinks ? Or only in what they do or do not do ?

14. As time goes by… The cold light of day Two years after the accident :  Legal cases pending  Still much speculation  Flag State Accident Investigation Report published

15. Accident Investigation

16. Accident Investigations  Accident investigations and reports leave much to be desired  Industry generally has very poor feedback mechanisms  Many impediments to information sharing  More can be learnt from more minor incidents and near- misses  Confidential incident reporting (and subsequent analysis) requires more support

17. As time goes by… The cold light of day Two years after the accident:  Action still needed on Places of Refuge  Still more ”sticks” than ”carrots”  Continuing push on ”criminalisation”  Continuing push to increase financial liability  New European safety package in the pipeline  HNS and Bunker Conventions still awaiting sufficient ratifications  CLC and Fund Convention still challenged despite recent revisions  Revisions being sought to UNCLOS and possibly MARPOL

18. As time goes by… The cold light of day Two years after the accident :  Some advances in preparedness – ITOPF, EU/EMSA et al  Some advances in response planning – owners, cargo interests but lacks real co-ordination Spotlight on :  Flag state competence and IMO audits  More effective Port State Control targeting  Classification societies  International Group of P&I Clubs  ”Image” of shipping industry

19. Have we learnt the lessons ? Hopefully YES

20. Have we learnt the lessons ? Conclusions Industry’s deliverables:  More transparency  Greater understanding and trust of public and their representatives  Better Preparedness  Better Response planning  Input to more effective regulation  Commitment to continuous improvement

21. Place of Refuge Would this have helped ?

22. Have we learnt the lessons ? Conclusions Individually we can do much. Together we can do even more.