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INTERTANKO / INTERCARGOJoint Technical Seminar
MUMBAI
22 November 2006
INTERTANKO INTERCARGO
INTERTANKO / INTERCARGOJoint Technical Seminar
Global Governance Structuresand
Upholding International Law
Peter M. Swift
Managing Director, INTERTANKO
International Association of Independent Tanker Owners
Represents responsible oil and chemical tanker owners worldwide, promoting their interests and providing members
with technical, operational, legal, documentary and other support services, information and advice.
250 + members representing > 80% of the independent oil tanker fleet and > 85% of the chemical carrier fleet, with strict
membership criteria 300 + associate members in oil and chemical tanker related
businesses
15 Committees - 4 Regional Panels
Representative Offices in Europe, US and Asia
Observer status at IMO, IOPC and UNCTAD
Mission and Vision
MISSION “Provide leadership to the Tanker Industry in
serving the world with the safe, environmentally sound and efficient seaborne transportation of oil,
gas and chemical products.”
VISION FOR THE TANKER INDUSTRY“A responsible, sustainable and respected Tanker Industry, committed to continuous improvement
and constructively influencing its future.”
One of the Association’s primary goals:
Lead the continuous improvement of the Tanker Industry’s performance in striving to achieve the goals of:
Zero fatalitiesZero pollution
Zero detentions
Society and the International Shipping Industry share the same goals
Shipping should be:
• Safe and secure • Environmentally
responsible• Reliable• Efficient (Low cost)
For International Shipping to be effective and efficient
We need:
• GLOBAL GOVERNANCE STRUCTURES FOR A GLOBAL INDUSTRY
(However remembering that all politics are local)
• A BALANCE BETWEEN REGULATION AND SELF-REGULATION
Achieving the Balance between Regulation & Self Regulation
REGULATION
Effective Regulation
SELF-REGULATION
Best Practice
“Effective” Regulation
Regulation, which is:
• Developed at the global level, wherever appropriate (consistent with existing law)
• Fit for purpose (provides solutions)• Properly considered (stakeholders
involved)• Impact(s) fully assessed (economic and
social)• If adopted, implemented uniformly and
promptly
For ”Self-Regulation” to be accepted
• Shipping has to be seen as a “Responsible” industry
and
• To be respected by the public, legislators, regulators and media
Industry works to develop and promote “Self Regulation”
By
• Adopting industry “best practices”
• Producing industry guidelines
• Developing programmes, procedures, etc. - Design, Shipbuilding, Operations, Training, Inspections, Investigations and more…
Industry “best practices”
Examples:• Adopting IMO Pilotage “Recommendations”• Signing-up to Early Warning Information
(Sharing) Systems• Implementing Green Passport / Preparing
Applying Hazardous Material Inventory• Applying VOC control on passage• Implementing anti-fouling regulations ahead of
IMO timetable• Establishing Emergency Response procedures• Developing & rehearsing crisis management
procedures, (including media training) • ……………………
Industry “Guidelines”
Examples:– Flag State Performance– Recycling guidelines– ISGOTT– Newbuilding Awareness guide– Model Ballast Water Management plan– Garbage Management plan– ISO 14001 planning– Oil record book completion, OWS guidance– Mooring, STS, COW, etc. – ………
Industry “programmes and procedures” / Quality Initiatives
Examples:• Ship & Terminal vetting • Management self-assessment programmes• Casualty reporting and analysis• PSC record analysis• Establishment of Inter-Industry Group
(Chemical Tanker accidents):Recommendations for Inert Gas for Cargo Tanks on presently exempted ships,Establishment of Human Element Task Force
• ………..
Other Examples of Industry’s Quality Initiatives / Acting “responsibly”
• Industry-Government Programmes– Marine Electronic Highway– Reception Facilities Forum– Double Hull Panel (EMSA)– ………
• With many similar programmes on the dry side, plus sector specific
- BC Capesize Loading Rates
- Carriage of DRI fines
- Annex V issues
- ………
Other Examples of Industry’s Quality Initiatives / Acting “responsibly”
Acting “Ahead of” regulatory implementation:– Annex VI (Nox & Sox, VOC)– Anti Fouling Systems (TBT Ban)– Fixed Gas detection systems (Ballast tanks)– Cargo tank coatings– IG on smaller chemical tankers– BW management trials– OWS alternatives– Green Passport and HMI standards– ……….
INTERTANKO / INTERCARGOJoint Technical Seminar
Global Governance Structures
Shipping’s Governance Structure
1. Legislation & Regulations
2. With licences to operate provided by:
- Flag- Class (newbuild & in-service)
- Insurer (compulsory certificates)
- Charterers (through vetting)
- PSC (on behalf of coastal states)
Flag State Guidelines- industry advice
Working with Classification Societies
• Regular meetings of Industry and IACS
• Development of Common Structural Rules- Tankers and Bulkers
• Tripartite dialogue: owners, builders and class:– Common structural rules– Coatings and coating performance standards– Goal Based Standards (Tiers IV & V)– Information sharing – Shipboard waste management
Working with Insurers, Charterers and Port State Control
• Regular meetings of Industry and the International Group of P&I Clubs - seeking differentiation based on “quality”
- IOPC Quality WG
• Continuing dialogue with Charterers: – OCIMF-SIRE, CDI and others
• Meetings with PSC MoUs- Seeking uniformity in standards and procedures- member of EQUASIS Editorial, seeking consistency
in data and effective analysis of information
Why “good” PSC is important
PSC RECORDS:
Used by charterers (brokers and agents)
Used by media
Used in assessments by flags, insurers and others
Used as membership criteria by associations
INTERTANKO / INTERCARGOJoint Technical Seminar
Upholding International Law
Challenges to the International Governance of the Shipping Industry
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, Australia et al vs. IMO
Maintaining the supremacy of IMO,International and US (Federal) Law
Against the challenges of Local and Regional Legislation
INTERNATIONAL
EU Challenges to UNCLOS
EU Ship Source Pollution Directive
Canada Bill C-15
Ballast Water Legislation
Air Pollution / Fuel Quality regulations
(USA) FEDERAL
Challenges to EPA regs on Ballast Water Discharges
Massachusetts Oil Spill Response legislation
Pending legislation in Rhode Island on LNG
movements
State legislation on Air Emissions
Where does Regional Regulation fit ?
• Addressing purely local issues
• Catalyst for international regulation
• Accelerator for international implementation
INTERTANKO / INTERCARGOJoint Technical Seminar
Upholding International Law
CRIMINALISATION
Criminalisation
A two-fold concern:
Unfair treatment / human rights
and
Counterproductive nature of other measures
Criminalisation
Unfair treatment and violation of human rights
Too many cases of unlawful detentions after shipping accidents
Welcome for the joint IMO/ILO Guidelines for the Fair Treatment of Seafarers
Too many other unjust practices – unjustified fines, denial of shore leave, prohibition of terminal access and more
Criminalisation
Counterproductive consequences not recognised: Destroys “no blame” cultures Discourages openness and frank reporting Curtails surveyors’ reports – detracts from ”good
practice” Deters salvors in circumstances when we need
them most Deflects focus for proper casualty investigation and
denies benefits of same Destroys and damages morale of seafarers and
others Dissuades new recruits and accelerates departure
of experienced staff Drives responsible people and companies from the
businessIs this what the legislators and society are seeking ?
Maintaining the Supremacy of International and US Federal Law
What is being done ? Major industry-wide efforts to remove the threat of
criminal sanctions for accidental discharges, including a Legal Challenge to the European Court of Justice
Industry speaking out against “Unfair treatment” Extensive lobbying in the EU and US Legal Challenge in US with DoJ against the State of
Massachusetts Legal Challenge in US with USCG over Regulation of
Discharges Challenges to use of “Age” as a selection criterion Challenging Torres Straits compulsory pilotage Challenging Mississippi Exclusive Tug Contracts And much more ………………
INTERTANKO / INTERCARGOJoint Technical Seminar
Global Governance Structures
and
Upholding International Law
CONCLUSIONS
Safe & Efficient Shipping
Sound legislation - consistent with customary international law, and
applied uniformly and fairly
Poseidon Challenge- commitment to continuous improvement- commitment to working with all partners
THANK YOUwww.intertanko.com
www.shippingfacts.comwww.themaritimefoundation.com