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Consistency – The ideal world International Regulations (via IMO, ILO, UNCLOS) Flag State – requirements, interpretation and application Port State Control Classification Societies – rules and interpretations Liability Regimes Civil and Criminal Penalties Commercial Inspection Practices Operating procedures and manuals – especially for safety critical items
Citation preview
The Connecticut Maritime Association 23 March 2009
Has industry lost the “International versus Unilateral”
argument ?
Peter M. Swift
What does the shipping industry seek ?
Global Governance Structures for a Global Industry
• A consistent framework of rules, regulations and standards, implemented uniformly and applied in the same time frame.
Why ?
• To ensure a level playing field• To avoid uncertainty, confusion and complications• To facilitate trade
Consistency – The ideal world
• International Regulations (via IMO, ILO, UNCLOS)
• Flag State – requirements, interpretation and application
• Port State Control
• Classification Societies – rules and interpretations
• Liability Regimes
• Civil and Criminal Penalties
• Commercial Inspection Practices
• Operating procedures and manuals – especially for safety critical items
Consistency – The real world
Countervailing forces – local, national, regional
• National interests• Environmental impact locally• Frustration with effectiveness of international
regimes• Inconsistency / conflict with national law• Societal expectations / political ambitions• Commercial pressures• ………..
Accommodating “local” pressures
InternationallyIMO• MARPOL – opt-out for flag and port states on tanker
phase-out deadlines• Emission control areas (SECAs and ECAs)• “Voluntary” member state audit• Port State Control – regional regimesIOPC• Voluntary supplementary fundUNFCC• Common but differentiated responsibilities
Reactions to “local” pressures
Nationally / RegionallyEUCommission and Parliament keen to drive regional
solutions and legislation – environmental, class, liability, compensation…..
USFederal programmes historically not fully aligned to
IMO conventions, and with individual states prepared to pre-empt Federal legislation………..
ElsewhereAustralasia, Norway introduce local laws –
principally environmental Port State Control regimes not harmonised
Living with “local” pressures - it ain’t all bad news !!
Leading by example
Port State ControlParis MoU – “Beacon Regime”
Classification SocietiesIACS Unified Requirements and Interpretations
CommercialOCIMF’s SIRE Programme
Particular EU problems – not always helpful
EU • Competition law challenges to Class and Common
Structural Rule
• Mutual Recognition within Class Regulations / Marine Equipment Directive
• Potential for RO (Recognised Organisation) Code not consistent with IMO
• Criminalisation legislation not consistent with international law
What can we do ?
The BASICS:
• Support the IMO with active participation• Encourage ratification of IMO (and ILO)
Conventions ( Including those already Entered / Entering into Force )
• Discourage unilateral local, national and regional legislation
• Maintain “open” dialogue in regional centres, e.g. Europe (Brussels), US (Washington) and elsewhere (incl. Asia)
• but also advocate faster / easier Entry into
Force criteria ??
Encourage Ratification by States of International Conventions
IMO Conventions including:
• International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS), 2001 (*)
• International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004
• Annex VI: Prevention of Air Pollution from Ships, 1996: International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78) (*)
• !996 Protocol to Convention on Limitation of Liability for Maritime Claims (LLMC), 1976
(*)Even though Entered/Entering into Force
Encourage Ratification by States of International Conventions
• International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969
• International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND), 1971
• International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS), 1996
• International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (*)
ILO Convention(s):• Seafarers' Identity Documents Convention (Revised),
(C185), 2003• Maritime Labour Convention, (MLC) 2006
(*) Even though Entered/Entering into Force
Encourage Ratification by States of International Conventions
and
UNCLOS !
Support IMO Member State Audit scheme
Encourage full transparency in findings
Stress responsibilities for undertaking casualty investigations *
Remind Coastal States of their obligations, - ensuring fair and consistent processes **
* RT Guidelines on Flag State Performance** BIMCO Quality Coastal State programme
Champion Consistency in International Standards
Joint Industry Programmes
CLASSIFICATION SOCIETIES• Support IACS on uniform requirements and uniform
interpretations, as well as survey procedures, etc.
CLASSIFICATION SOCIETIES AND SHIPBUILDERS
• Maintain Tripartite dialogue between international shipbuilders, classification societies and shipowners
• Seek uniformity of standards, e.g. coating performance; lifeboats and lifesaving equipment, construction survey plans; operating manuals, provision of cadet berths, etc.
What else can we do ?
Be alert to local / national issues
Speak out - with a strong united voice:No matter be it:• Equipment not fit for purpose• Failure to adhere to IMO/ILO Guidelines• Political interference• Industry failings or shortcomings • Or other…..
While ALWAYS championing High Standards and Best Practices as a Responsible Industry
THANK YOUFor more information, please visit:
www.intertanko.com www.poseidonchallenge.com
www.shippingfacts.comwww.maritimefoundation.com