viii international seminar russian maritime register of shipping marine environment safety...

VIII INTERNATIONAL SEMINARVIII INTERNATIONAL SEMINARRUSSIAN MARITIME REGISTER OF SHIPPING

MARINE ENVIRONMENT SAFETY MARINE ENVIRONMENT SAFETY MANAGEMENTMANAGEMENT

CHALLENGES FACING THE TANKER INDUSTRY

JOSEPH ANGELOJOSEPH ANGELODIRECTOR REGULATORY AFFAIRS AND THE AMERICASDIRECTOR REGULATORY AFFAIRS AND THE AMERICAS

CHALLENGES FACING THE CHALLENGES FACING THE TANKER INDUSTRYTANKER INDUSTRY

CRIMINAL SANCTIONS FOR CRIMINAL SANCTIONS FOR ENVIRONMENTAL POLLUTIONENVIRONMENTAL POLLUTION

FLAG STATE/COASTAL STATE/FLAG STATE/COASTAL STATE/PORT STATE COMMITMENTPORT STATE COMMITMENT

UNILATERTAL ACTIONUNILATERTAL ACTION

CRIMINAL SANCTIONSCRIMINAL SANCTIONS

INTERTANKOINTERTANKO FIRMLY BELIEVES THAT FIRMLY BELIEVES THAT ANY SEAFARER OR SHIP OPERATOR ANY SEAFARER OR SHIP OPERATOR THAT VIOLATES THE LAW WILLINGLY THAT VIOLATES THE LAW WILLINGLY OR KNOWINGLY CONTRIBUTES TO THE OR KNOWINGLY CONTRIBUTES TO THE VIOLATION OF THE LAW SHOULD BE VIOLATION OF THE LAW SHOULD BE PROSECUTED TO THE FULLEST EXTENT PROSECUTED TO THE FULLEST EXTENT OF THE LAW,OF THE LAW,

HOWEVERHOWEVER


• BILL C-15 IN CANADABILL C-15 IN CANADA

• EUROPEAN DIRECTIVE ON EUROPEAN DIRECTIVE ON SHIP-SOURCE POLLUTIONSHIP-SOURCE POLLUTION

• ENFORCEMENT UNDER ENFORCEMENT UNDER UNITED STATES LAWUNITED STATES LAW


CANADIAN BILL C-15CANADIAN BILL C-15

• PENALTIES IN THE ABSENCE OF FAULT ON THE PART OF A CREW MEMBER, INCLUDING ACCIDENTAL DISCHARGES

• MASTER MAY BE CHARGED FOR CRIMINAL ACTIONS OF CREW

• ACCUSED PERSON IS GUILTY UNTIL PROVEN INNOCENT


EUROPEAN DIRECTIVEEUROPEAN DIRECTIVE

• CRIMINAL SANCTIONS MAY BE IMPOSED IN THE CASE OFACCIDENTAL INCIDENTS (“SERIOUS NEGLIGENCE”)

• APPLIES TO ALL ELEMENTS OF THE MARINE TRANSPORTATION CHAIN (CHARTERS, CLASS SOCIETIES, CREW)


ENFORCEMENT IN THE USENFORCEMENT IN THE US

• CRIMINAL PENALITES FOR THOSE WHO KNOWINGLYKNOWINGLY VIOLATE THE LAW

• AGGRESSIVE POSTURE TOWARD PROSECUTION

• CONCENTRATES ON FLAGRANT, REPETITIVE VIOLATORS AND THOSE THAT ATTEMPT TO OBSTRUCT AN INVESTIGATION


NEGATIVE EFFECTSNEGATIVE EFFECTS

FEAR OF PROSECUTION COULD LEAD TO:FEAR OF PROSECUTION COULD LEAD TO:

• FAULTY ACCIDENT INVESTIGATIONS

• MINIMAL ACTION BY CREW

• MASTER/OFFICER FATIGUE DUE TO CONSTANT CREW MONITORING

• TRAGIC CONSEQUENCES

COMMITMENTCOMMITMENT

RECEPTION FACILITIESRECEPTION FACILITIES

RATIFICATION OF TREATIESRATIFICATION OF TREATIES

PORTS OF REFUGEPORTS OF REFUGE


RECEPTION FACILITIESRECEPTION FACILITIES

• 130 NATIONS HAVE RATIFIED MARPOL WHICH REQUIRES THE INSTALLATION OF RECEPTION FACILITIES

• A NUMBER OF NATIONS HAVE NOT MET THEIR TREATY OBLIGATIONS

• LACK OF RECEPTION FACILITIES LEADS TO “INNOVATIVE” MEASURE


RATIFICATION OF TREATIESRATIFICATION OF TREATIES

THREE MAJOR IMO ENVIRONMENTAL THREE MAJOR IMO ENVIRONMENTAL TREATIES HAVE BEEN ADOPTEDTREATIES HAVE BEEN ADOPTED- 1997 AIR POLLUTION (ANNEX VI) IN FORCE (2005) – 22 COUNTRIES- 2001 ANTI-FOULING CONVENTION

NOT IN FORCE – 11 COUNTRIES- 2004 BALLAST WATER MANAGEMENT NOT IN FORCE – 4 COUNTRIES


PORTS OF REFUGEPORTS OF REFUGE

• IMO ADOPTED GUIDELINES FOR COUNTRIES TO IDENTIFY AREAS

• VERY FEW COUNTRIES HAVE DONE SO• DURING AN EXERCISE WITH A TANKER IN

DISTRESS, ONE COUNTRY INDICATED THAT NONE OF ITS PORTS WOULD BE CONSIDERED AS A PORT OF REFUGE FOR THE TANKER DUE TO ENVIRONMENTAL CONCERNS

UNILATERAL ACTIONUNILATERAL ACTION

BALLAST WATERBALLAST WATER

MANAGEMENTMANAGEMENT

AIR POLLUTIONAIR POLLUTION


BALLAST WATER MANAGEMENTBALLAST WATER MANAGEMENT

• IMO TREATY ADOPTED IN 2004

• IN 2005 US SENATE COMMITTEE PASSED BWM BILL WITH STANDARDS THAT EXCEED IMO TREATY

• USCG DEVELOPING BWM STANDARD THAT MAY EXCEED IMO TREATY


BALLAST WATER MANAGEMENTBALLAST WATER MANAGEMENT

• MARCH 2005, US FEDERAL JUDGE RULES BALLAST WATER DISCHARGES MUST BE REGULATED BY US ENVIRON-MENT PROTECTION AGENCY (EPA) UNDER THEIR PERMIT SYSTEM

• HEARING IN NOVEMBER 2005• INDUSTRY COALITION PARTY TO CASE


AIR POLLUTIONAIR POLLUTION

• IMO TREATY (ANNEX VI TO MARPOL) ENTERED INTO FORCE IN MAY 2005

• MEPC 53 (JULY 2005) AGREES TO REVIEW ANNEX VI WITH A VIEW TO REVISION

• US EPA ISSUED FINAL RULE FOR ANNEX VI STATING THAT HIGHER STANDARDS WILL BE IMPLEMENTED IN 2007

THANKTHANK

YOU!!YOU!!

viii international seminar russian maritime register of shipping marine environment safety...

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