» SAFETY AND ENVIRONMENT THE ERIKA PACKAGES A global approach The eighteen months since the Erika disaster off the French coast in December 1999 has been a period of intense activity for those involved in the EU legislative process. This short time has seen the unprecedented adoption of five important pieces of legislation, the main elements of which are set out below. The industry recognised early on that there was a need for action following the Erika and has been proactive in trying to ensure that the measures in place are both practical and consistent with internationally agreed standards. ECSA believes that these objectives have been very largely met. Elimination of single hull tankers Agreement in IMO Towards the end of last year a Regulation was adopted providing for a general ban on single hull tankers by 2015 at the latest, in accordance with a timetable for their gradual phasing out. From ECSA’s perspective, a key factor was that the measure reflects the agreement reached in IMO in April 2001, thereby avoiding the earlier prospect of a regional approach. This satisfactory outcome has been achieved as a result of Member States and the EU Institutions agreeing to first seek an international solution and to use their collective influence to ensure that timely action was taken in IMO. Stepping up controls in ports The industry has long recognised that it is the rigorous enforcement of existing rules, particularly through the means of port state control, which will make the greatest contribution to eliminating substandard ships, operators and crews. Consequently, the Directive adopted in December 2001 to significantly tighten up the existing controls has been welcomed. Notably, all vessels posing a risk will be subject to stringent obligatory annual inspections. In addition, ships with consistently poor detention records due to their condition will be banned and refused entry into EU ports by virtue of a blacklist published by the Commission. The new rules will require a considerable increase in the number of properly trained inspectors in Community ports. ECSA has emphasised the need for Member States to demonstrate their commitment in the coming years to ensure that this is realised. Greater control of classification societies Classification Societies play a crucial role in maritime safety and the Directive adopted in December aims to introduce greater control over their activities. The goal is to provide a better guarantee of the quality of the societies at European level through the possibility of suspension and complete withdrawal of approval if the deficiencies resulting in suspension persist. Tighter control over performance, before Community approval is granted, is introduced together with stricter quality criteria in the event of a switch of class. There will also be greater transparency in relation to the information on vessels in that class. A number of audits designed to establish whether organisations approved by Member States meet the requirements of the Directive have already been carried out. ECSA is hopeful that the Directive will prove an important element in restoring confidence in such vital organisations. A key role for the European Maritime Safety Agency As part of the Erika II proposals, a Directive was adopted in June establishing the European Maritime Safety Agency. It has been set up essentially to monitor the application of agreed safety standards. It will in particular evaluate the effectiveness of safety measures adopted, collect information, evaluate and audit classification societies and verify port state control conditions. It will also assist national inspectors on their control duties and facilitate cooperation between Member States in a number of areas, notably maritime investigations. ECSA has reacted positively to the creation of the Agency, notably as a means of enhancing a consistency of approach within the EU in relation to port state control. It is regrettable, however, that there has yet to be agreement on a location. Ship Reporting and Monitoring The fifth element of the Erika II package was a Directive adopted in the last days of the Spanish Presidency establishing a Community vessel traffic monitoring and information system. Important provisions include a vessel notification system; the strengthening of Member State powers to take action in the event of accidents/pollution off their coasts; the carriage of AIS (transponders) and voyage data recorders; the possibility of preventing vessels from leaving port in bad weather; the establishment of places of refuge for ships in distress; enhanced procedures for data transmission on dangerous goods. While ECSA had concerns that the original proposals relating to the bad weather ban would undermine the role of the Master, the final text is acceptable and it is to be welcomed that the provisions as a whole are consistent with the international requirements. Liability and Compensation for Oil Spills Discussion in Brussels on the Commission’s proposal to establish an additional third tier of compensation at EU level has been postponed against the background of ongoing discussions in IMO. In October last year basic agreement was reached in IMO on the establishment of an international third tier of compensation. ECSA has very much supported a global rather than a regional solution and the prospects remain good that this will be achieved. OTHER ISSUES IN PROGRESS Passenger Safety In June Member States reached a broad understanding on proposals to apply specific stability requirements to all ro-ro passenger ships, irrespective of flag, making international voyages within the EU. The initiative follows eight European States agreeing in 1996 (the Stockholm Agreement) to introduce specific stability requirements for ro-ro passenger ships in northern Europe. The new requirements would apply to all vessels of that type built after October 2004, while for ships built before that date the proposal provides for compliance by October 2010. For ships reaching a certain internationally agreed IMO standard at the date of adoption of the directive (SOLAS 90) there is a possibility of compliance by 2015. Member States also agreed to improve safety on all passenger vessels operating in domestic voyages by extending the Stockholm Agreement to certain categories of vessel built after October 2004. Existing vessels will have to comply by October 2010. The Stockholm Agreement, while applied to a particular region, was introduced within the IMO framework. ECSA would have preferred that any extension to southern Europe would have been introduced through IMO. However, it is recognised that the text as provisionally agreed by Member States is broadly practical and acceptable by industry and ECSA very much hopes that the approach will be endorsed by the European Parliament. Maritime Air Emissions The last year has seen an increasing focus in Brussels on maritime air emissions and the issue will certainly be of prime importance for Member States and industry over the coming year(s). A Commission Communication on an EU Strategy on Air Pollution from Seagoing Ships is due to be published this autumn and there have been extensive industry/Commission consultations in advance of the document. There will undoubtedly also be considerable debate both within industry and within the EU institutions after its publication. ECSA has consistently held the view that international seaborne trade is most appropriately regulated through IMO instruments. The industry would consequently prefer that the Community concentrate its efforts on facilitating and encouraging the early entry into force of the International Convention for the Prevention of Pollution from Ships (MARPOL Annex VI). Annex VI establishes in particular a global sulphur cap of 4.5% for heavy fuel oil burned by ships and designates Sulphur Emission Control Areas (SECAs) where fuel burned by ships must be below 1.5%. The industry is actively urging ratification of Annex VI and, through ICS, has developed a voluntary Code of Practice on the selection of low bunker fuels based on the intention of Annex VI. While there is no doubt scope for improvement in the detail of Annex VI due to changes in environmental requirements since it was adopted, it is only at the stage when it is in force that constructive amendments can be proposed and adopted. In last year’s Annual Report attention was drawn to the uncertainty and practical difficulties surrounding the application of the 1999 Directive on the sulphur content in liquid fuels. The Communication will be proposing amendments. ECSA and other industry bodies have advocated that a Directive requiring a uniform standard of 1.5% sulphur content in the SECA (namely the Baltic, North Sea and English Channel) for all grades of oil is the most practical and effective way forward. Moreover, the industry can understand the logic of applying a 1.5% sulphur level to all EEA ports outside the SECA. However, ECSA argues that this be pursued through IMO, rather than via purely regional initiatives. As mentioned, it is clear that the forthcoming Communication will raise many issues that will need to be discussed over the coming months, including the possibility of emission trading in the future, and ECSA will be adopting a pro-active and constructive role in that context. Environmental Liability In January 2002 the European Commission issued a proposal for a Directive on environmental liability relating to the prevention or restoration of environmental damage. This follows a White Paper published some two years earlier. The proposal aims to create a Community framework based on environmental liability where the polluter prevents or restores future environmental damage. Environmental damage is defined as biodiversity, water or land damage. The detailed discussions between Member States mainly focused on whether insurance schemes covering environmental liability should be encouraged or imposed. They have also addressed the situation of preventive or restorative measures where the polluter cannot be identified or is exempted. The European Parliament will discuss the proposal in the autumn. In relation to shipping, ECSA is pleased that the Commission proposal recognises that the international maritime conventions should continue to govern liability and compensation for the maritime sector. ECSA, however, stressed that the proposal should include a clear reference to all relevant international conventions. Security Following September 11, greater attention has recently been given to security measures in the maritime chain including the cargo, the vessel, ports and people involved in it. Evidently, the IMO is the most appropriate place to sharpen security measures and the outcome of the discussions in IMO in May 2002 seemed to strike a fairly good balance. ECSA appreciates that, together with the port Associations ESPO and FEPORT, the industry could participate in a co-ordination meeting with the Commission and Member States to review the latest developments and to prepare for the further discussions in IMO. It was accepted that security should be dealt with on an international basis and that regional measures should be avoided. On ports, multilateral generic criteria were considered necessary. Though enhanced security measures were supported, it was also stressed that such measures should not result in tasks of the judicial authorities and/or the police being shifted to the industry. ECSA will further liase with the EU Institutions, the port associations and ICS on this important issue.