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INTERTANKO Seminar
Madrid
2 December 2004
Peter M Swift
Antitrust Compliance Statement
INTERTANKO is 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
this market. These laws include the antitrust laws, which the US, the European Economic Community 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.
This meeting will be conducted in compliance
with INTERTANKO’s antitrust guidelines .
2005 : DATE FOR THE DIARY
April 10-13 Athens
Council, Annual Tanker Event, AGM
Council Agenda – Amsterdam, Oct. 2004
• IOPC Conventions• Maritime Security• Goal Based Standards• Chain of Responsibility• Massachusetts State Law• Air Emissions Regulations• Committee Reports – Vetting, Chemical, other• Membership criteria – Ship Managers• Membership drive• Alliances & cooperation with other Associations• 2005 Budget and Fee Structure
INTERTANKO’s Vision for the tanker shipping industry:
“ A responsible, sustainable and respected industry able
to influence its own destiny.”
Major Issues for the Tanker Industry
• Liability limitations under threat• Criminalisation for pollution incidents• Common Structural Rules for Tankers• Maritime Security• Phase-out uncertainties• Recent chemical tanker accidents• Challenges to the international regulatory
structures
Phase out tankers - dwt
0
10
20
30
40
50
60
70
-200
220
0320
0420
0520
0620
0720
0820
0920
1020
1120
1220
1320
1420
15
MARPOL*
EU
Phase out year
*subject to administrations
The changing maritime landscape
• Politicization of technical regulation
• Threat to authority of IMO
• Threat to international law
• Criminalisation of companies and seafarers
Our AIMS / Key industry goals
• Regulatory environment which supports safe shipping operations, environmental protection and adherence to internationally adopted standards and procedures
• Properly considered international regulation of shipping
• Global regulation for a global industry
Increasing politicization of regulation
Examples:• Phase out of single hull tankers• West European Particularly Sensitive Sea Area • Moves to open up CLC/FUND and link with
substandard shipping• Maritime security (e.g hijacking of AIS)
Why? Port states versus flag states, and reduced influence of maritime constituency
HOW IT WAS: Examples of positive regulatory developments (the “IMO spirit”)
• ISM Code and STCW (training)• post ‘Estonia’ passenger ferry measures• IMO bulk carrier safety package• Development of ILO ‘Super Convention’
Outcomes broadly based on technical merits of arguments put forward. Industry viewpoint understood, if not always accepted.
HOW IT IS: The Challenges Today
• More political drivers and less consideration of the technical, operational, and commercial interests
• More unworkable, inconsistent and illogical regulation and less consideration of the practical aspects
• More pressure for local / regional regulation and less willingness to adopt and apply international regulation
Threat to authority of IMO
Global industry needs global regulation
• IMO agreed to acceleration of single hull phase-out (twice), but under duress
• EU Directives going beyond MARPOL
• Interference of UN in New York – genuine linkage to flag
CHALLENGES TO INDUSTRY GOVERNANCE
International vs. local, national and regional
• Liability – EU Penal Sanctions vs. International Conventions
• Safety & Environment – EU (Post Erika & Prestige) vs. IMO/Marpol & SOLAS
• Sulphur Levels / Air Emissions – EU, USA vs. IMO
• Security – MTSA vs. ISPS
• Ballast Water Management – US et al vs. IMO
Threat to international law
• Escorting of single hull tankers out of EEZ by Spain, France et al, in contravention of MARPOL and UNCLOS obligations
• Detention of seafarers, e.g. in Spain and Pakistan in contravention of UNCLOS
• European Commission suggestion that UNCLOS might be revised to alter the balance between flag states and coastal states.
• Willingness of EU to implement measures in conflict with MARPOL
Criminalization
• Imprisonment of seafarers (Captain Mangouras)
• Activities of US Department of Justice (bounty for whistle blowers)
• EU Directive on Criminal Sanctions (including accidental damage)
• SUA (Suppression of Unlawful Acts) Convention
Action in Brussels
• Dutch Presidency, New Commissioner and Commission staff, New Parliament and MEPs
• Sulphur levels in fuels still a major issue
• EMSA Double Hull panel making progress ?
• New Maritime safety Package under discussion – “Erika III”
Commission(The executive)
Brussels - The main ”players”
EuropeanParliament
(Direct election)
Council(Member States)
EMSA
EU Maritime Safety Package• Marine Casualty Investigations in the EU
• Amendment to Directive on Vessel Traffic Monitoring and Information
• Liability and Compensation
• Flag State Initiative
• Recasting of Legislation on Port State Control
• Maritime Labour Standards
But how about earlier programmes – Places of Refuge, Ratification of Conventions, Alignment of EU Regulations with IMO revisions ?
Action in the US
• Increasing support for signing UNCLOS
• Presidential support for ratification of Annex VI
• Overturning of proposals for escort tugs
BUT
• Pressure at state and federal level for regulation of Air emissions, Ballast Water controls, Spill response and more
• Massachusetts State Law
Action at the International Level
• Ratification of Key Conventions:HNS / Bunker Convention / HNS-OPRC Protocol / AFS
• Action on:Places of Refuge / Port Reception Facilities / Annex VI
• Support for FLAG STATE AUDIT
Examples of Round Table cooperation:
• Improved dialogue with IACS
• Tripartite meetings of owners, builders and class
• Flag State guidelines
• Industry guidelines on Recycling
• The “image” of shipping
Round Table Cooperation
www.shippingfacts.com
INTERTANKO News
• Pro-active Environmental Programme
• New Charter Party Clauses
• New Publications
• Q88 going from strength to strength
• Terminal Vetting Database going strong
• “Image” programme
INTERTANKO’S ENVIRONMENTAL PROGRAMME
• Port Reception Facilities – Forum, IMO and EU
• Recycling – renewed challenges for industry
• Ballast water management – a difficult road ahead
• Air emissions under review around the world
Recently published INTERTANKO charter party clauses
• Maritime Security Clauses for Time and Voyage Charters
• Material Safety Data Sheets (MSDS) Clause
• Port Costs Worldscale clause
Hot off the Press
• A Guide to bunkering of ships for the purposes of Annex VI to MARPOL
• A Guide for correct entries in the Oil Record Book
• A Guide to Crude Oil Washing and Cargo Heating Criteria
• Tanker Bills of Lading - A Practical Guide
Popular Publications- firm favourites
• Tanker Specification Awareness Guide
• A Guide to the Vetting Process, 5th. Edition
• A Guide to Tanker Charters (2001)
In the Pipeline
• Guiding Principles to Emergency Management and Crisis Communications - available imminently
Q88 Tanker questionnaire generator
New service for members
THE “IMAGE” DEBATE
• Raising awareness - public, media, politicians & regulators; www.shippingfacts.com
• Meeting the Press – mainstream & shipping
• Improved preparedness for incident management
• Education initiatives – Maritime Industries Foundation
Accidental oil pollution from tankers and seaborne oil trade
Bn tonne-miles’000 tonnes
0
250
500
750
1,000
1990-96 1997-03
0
18,000
36,000
54,000
72,000
m ts spilt
bn tonne-miles
Tanker incidents 2003 - 130
12%
25%
24%25%
14%
Collision
Groundings
Hull&machinery: 28
13 engine,6 steer/prop/rudder5 hull5 other
Fire&Expl.
Misc.
.
dw t. Tankers involved
36 below 10,00038 10-29,999 dw t35 30-99,999 dw t17 > 100,000 dw t
Age tankers involved :
24 built 1970s or earlier48 built 1980s43 built 1990s12 built 2000s, 3 unknow n
7 involving pollution of
which Tasman Spirit most serious
Oil into the Sea Annual Releases, best estimates
Average 1990-1999, '1000 ts
Natural seeps
Extraction of oil
Tanker accidents
Tanker operation
Other transportation
River and run-offs
Other shipping
Other consumption related
Source: National Academy of Science
47%
21%
11%
8%
3%
3%
