29
Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2 – 3 October, 2006. John Howard Ohlson. Kalmar Maritime Academy and

Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Embed Size (px)

Citation preview

Page 1: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Incorporating Safety into Motorways of the Sea.

Places of Refuge in the BSR: The State of the Nations.

Joint MSUO and BSR Interreg IIIB NP Conference

2 – 3 October, 2006.

John Howard Ohlson.

Kalmar Maritime Academy and Baltic Master.

Page 2: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Terminology (1)Terminology (1) Motorways of the SeaMotorways of the Sea

Legal basis: Legal basis: On 29 April 2004, Council and Parliament adopted a revision of the Trans-European Network Transport Guidelines (TEN-T), which gives a legal basis to the concept of motorways of the sea.

Article 12a TEN-T.((Brussels, 30 July 2004 D(2004)

SafetySafetyLegal basis: Legal basis:

Maritime Safety Committee.Maritime Safety Committee.

Page 3: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Safety on MotorwaysSafety on Motorways

Page 4: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2
Page 5: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2
Page 6: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Terminology (2)Terminology (2)

Place of RefugePlace of Refuge

Port of Refuge Place of Safety Sheltered Waters Safe Haven Port of Refuge Place of Safety Sheltered Waters Safe Haven

Estuary Anchorage Roadstead Bay Beach Embayment Estuary Anchorage Roadstead Bay Beach Embayment

R.M.D. Roman (Places of Refuge for Ships) the IMO’s MSC R.M.D. Roman (Places of Refuge for Ships) the IMO’s MSC decided to use the term in May 2001 and advised the decided to use the term in May 2001 and advised the

MEPC and the Legal Committee to do likewise.MEPC and the Legal Committee to do likewise.

Since EMSA was established – Place of Refuge.Since EMSA was established – Place of Refuge.

Page 7: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Background.Background.

IMO Guidelines: Assembly Resolutions A.949(23); A.950 (23). IMO Guidelines: Assembly Resolutions A.949(23); A.950 (23).

EU: Article 20 of 2002/59/EC EU: Article 20 of 2002/59/EC and its amendment and its amendment COM(2005) 589 final.COM(2005) 589 final.

HELCOM Copenhagen Declaration (para XII).HELCOM Copenhagen Declaration (para XII).

NOT MANDATORY TO PUBLICISE PLACES OF REFUGE.NOT MANDATORY TO PUBLICISE PLACES OF REFUGE.

Trelleborg DeclarationTrelleborg DeclarationGovernance vs GovernmentGovernance vs GovernmentLocal and national initiatives Local and national initiatives Interreg / Baltic Master Interreg / Baltic Master

Page 8: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Research: Places of Refuge in the BSR.

Kalmar Maritime Academy

World Maritime University: M.Sc. in Maritime Administration thesis: The State of Play as regards the Allocation of Places of Refuge

in the Baltic Sea

Baltic Master project: Power Point presentation of the study is available.

Page 9: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Results.

1) The chain of command.

The authority that handles the procedure of directing a vessel to a the Place of Refuge and the individual or group of individuals that has the ultimate responsibility in the allocation of a PoR to a vessel. Whether the PoRs within a given state are pre-designated and on the public domain or not?

2) Cooperation with neighbouring states.

3) Financial warranties and compensation procedures.

Page 10: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Germany. 4th April, 2006.Germany. 4th April, 2006.

1)1) Chain of command – CCME (Havariekommando) and within that the Chain of command – CCME (Havariekommando) and within that the MERAC act as the MAS. MERAC act as the MAS. The Head of the CCME has overriding authority on designation of PoR The Head of the CCME has overriding authority on designation of PoR (National Agreement Chapter 7) although no jurisdiction over Hamburg (National Agreement Chapter 7) although no jurisdiction over Hamburg (ibid. Chapter 6) (ibid. Chapter 6)

Head of CCME has an inventory of PoRs and overall authority to direct Head of CCME has an inventory of PoRs and overall authority to direct a ship to a place of refuge. a ship to a place of refuge. These are not on the public domainThese are not on the public domain. .

2) 2) Cooperation with neighbouring states – SweDenGer; NETGER; Cooperation with neighbouring states – SweDenGer; NETGER; Poland and Germany; Bonn Agreement; HELCOM. Poland and Germany; Bonn Agreement; HELCOM.

3) 3) Financial warranties – The existing IMO Conventions. Financial warranties – The existing IMO Conventions.

IMO Guidelines present in NLPV (Notliegeplatzverinbeirang). IMO Guidelines present in NLPV (Notliegeplatzverinbeirang).

Page 11: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Denmark. 6th April, 2006. Denmark. 6th April, 2006.

1)1) Chain of command – Based in Åarhus – All information via The Admiral of the Danish Fleet Chain of command – Based in Åarhus – All information via The Admiral of the Danish Fleet (SOK). In SOK – team of 6 former Naval Captains in contact with the Ministers from the (SOK). In SOK – team of 6 former Naval Captains in contact with the Ministers from the three Ministries Defence, Environment and Trade. The team that works upon the three Ministries Defence, Environment and Trade. The team that works upon the designation of a PoR at any one time is: designation of a PoR at any one time is:

A Captain (one of the six), the regular Åarhus surveillance team, SAR Sea, SAR Air also A Captain (one of the six), the regular Åarhus surveillance team, SAR Sea, SAR Air also contact with Ministers. The ultimate responsibility is the Captain’s. Places of Refuge – contact with Ministers. The ultimate responsibility is the Captain’s. Places of Refuge – Well Well publicised system of 22 A and B level PoRs – other areas can and would be used adhoc. publicised system of 22 A and B level PoRs – other areas can and would be used adhoc.

2) 2) Cooperation – SweDenGer; planned development within HELCOM of a system involving Cooperation – SweDenGer; planned development within HELCOM of a system involving Heads of Sweden, Germany and Denmark in a computerised system similar to the one Heads of Sweden, Germany and Denmark in a computerised system similar to the one being developed in Denmark including data from all 22 PoRs. being developed in Denmark including data from all 22 PoRs.

3) 3) Financial warranties – IMO – IOPC and CLC funding. Denmark opposed the proposed Financial warranties – IMO – IOPC and CLC funding. Denmark opposed the proposed COPE Fund. COPE Fund.

IMO Guidelines already present in existing Legislation: IMO Guidelines already present in existing Legislation: Para 43 National Maritime Law – Lov om beskyttelse af havmiljoet.Para 43 National Maritime Law – Lov om beskyttelse af havmiljoet.

Lov. Nr.476 af 30 juni 1993.Lov. Nr.476 af 30 juni 1993.

Page 12: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Latvia. 26th April, 2006. Latvia. 26th April, 2006.

1) Chain of command - 1) Chain of command -

Ship encounters serious difficulty - MRCC – Duty Officer at MRCC informs the Response Commander (RC) Ship encounters serious difficulty - MRCC – Duty Officer at MRCC informs the Response Commander (RC) of the MRCC Committee who assesses situation – summons the MRCC Committee - RC Informs Master that of the MRCC Committee who assesses situation – summons the MRCC Committee - RC Informs Master that PoR will be granted if written confirmation received covering all losses caused to port, environment and third PoR will be granted if written confirmation received covering all losses caused to port, environment and third persons. MRCC RC can allocate PoR WITHOUT Committee’s consent if ship has not encountered serious persons. MRCC RC can allocate PoR WITHOUT Committee’s consent if ship has not encountered serious difficulty – then informs the Harbour Master. difficulty – then informs the Harbour Master.

Places of Refuge – Published in Regulations of Cabinet of Ministers of the Republic of Latvia of 12 July, Places of Refuge – Published in Regulations of Cabinet of Ministers of the Republic of Latvia of 12 July, 2005, No. 508 `Regulations on use of Latvian waters navigational regime in thereof.´: 2005, No. 508 `Regulations on use of Latvian waters navigational regime in thereof.´:

Port of Liepaja, Liepaja Port anchorage L3, Port of Riga, Riga Port anchorage, Port of Ventspils, Ventspils Port of Liepaja, Liepaja Port anchorage L3, Port of Riga, Riga Port anchorage, Port of Ventspils, Ventspils Port anchorage V2, Anchorage in the lee of Kolka Coastal Guard of the Navy (NB not oil leakage), Port anchorage V2, Anchorage in the lee of Kolka Coastal Guard of the Navy (NB not oil leakage),

2) Cooperation – Helcom, Bonn Agreement. 2) Cooperation – Helcom, Bonn Agreement.

3) Financial warranties – CLC, LLMC transposed into the Latvian Maritime Code (0553).3) Financial warranties – CLC, LLMC transposed into the Latvian Maritime Code (0553).

Page 13: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Poland. 28th April, 2006.Poland. 28th April, 2006.

1) Chain of command. Three coastal regions. Each has responsibility for allocation of the PoR 1) Chain of command. Three coastal regions. Each has responsibility for allocation of the PoR within its region. My focus was on Szczecin and Swinoucsjie. within its region. My focus was on Szczecin and Swinoucsjie.

Relevant legislation: ´Regulation No.1 of the Director of the Maritime Office in Szczecin of 1st Relevant legislation: ´Regulation No.1 of the Director of the Maritime Office in Szczecin of 1st March 2006 on determining the plan for providing Places of Refuge for Ships in Distress in March 2006 on determining the plan for providing Places of Refuge for Ships in Distress in Polish Sea Areas´. Polish Sea Areas´.

The VTS acts as MAS. The Director of the Maritime Office in Szczecin (DMO) has the ultimate The VTS acts as MAS. The Director of the Maritime Office in Szczecin (DMO) has the ultimate responsibility for sending a ship to a PoR. The DMO cooperates with: West Pomeranian responsibility for sending a ship to a PoR. The DMO cooperates with: West Pomeranian Voivode (WPV), Regional inspector for the planned PoR, the Master, SAR, State Fire Voivode (WPV), Regional inspector for the planned PoR, the Master, SAR, State Fire Brigades, Navy and the VTS.Brigades, Navy and the VTS.The vessel notifies VTS or a coastal radio station – DMO (also SAR) – the DMO notifies the The vessel notifies VTS or a coastal radio station – DMO (also SAR) – the DMO notifies the responsible Minister, the WPV by means of RCC, and the regional inspector the intention to responsible Minister, the WPV by means of RCC, and the regional inspector the intention to send to a PoR. After consulting with the WPV, the DMO may call for expert help from a team send to a PoR. After consulting with the WPV, the DMO may call for expert help from a team of experts: Harbour Master/representative for the PoR, Voivode rep, SAR, Coastguard rep, of experts: Harbour Master/representative for the PoR, Voivode rep, SAR, Coastguard rep, Polish Navy staff rep, Fire rep, Meteorology and Water Economy rep.Polish Navy staff rep, Fire rep, Meteorology and Water Economy rep.DMO bases decision on National Plan for fighting against Threats and Pollution at Sea and DMO bases decision on National Plan for fighting against Threats and Pollution at Sea and the opinion of the proper voivode, makes the decison to grant a PoR and then notifies the the opinion of the proper voivode, makes the decison to grant a PoR and then notifies the resp Minister, West Pomeranian Voivode and the regional inspector for environmental resp Minister, West Pomeranian Voivode and the regional inspector for environmental protection. protection. Places of refuge: The inventory is a confidential document. Accessed by DMO and SAR Places of refuge: The inventory is a confidential document. Accessed by DMO and SAR services.services.

2)2) Cooperation – Helcom. Cooperation – Helcom.

3) Financial warranties – Chapter 8 of Regulation No. 1 relates to insurance guarantees. 3) Financial warranties – Chapter 8 of Regulation No. 1 relates to insurance guarantees. Relevant IMO Conventions apply. Relevant IMO Conventions apply.

Page 14: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Sweden. 3rd May, 2006.Sweden. 3rd May, 2006.

1) Directive 2002/59/EC has led to: 1) Directive 2002/59/EC has led to: Amendment 2004:416 of Ship Safety Act Amendment 2004:416 of Ship Safety Act FartygssäkerhetslagenFartygssäkerhetslagen (2003: 364) (2003: 364)Amendment 2004:415 of Ship Safety Ordinance Amendment 2004:415 of Ship Safety Ordinance Fartygssäkerhetsförordning Fartygssäkerhetsförordning (2003:438)(2003:438)SMA: SMA: Föreskrifter och allmänna rådFöreskrifter och allmänna råd (SjöFS 2004:8) from 1st Jan 2006 SjÖFS 2005:19 (SjöFS 2004:8) from 1st Jan 2006 SjÖFS 2005:19

Rescue Services Act Rescue Services Act RäddningstjänstlagenRäddningstjänstlagen (2003:778). 2003 – 2005 The SMA (SMSI) and SCG presented a (2003:778). 2003 – 2005 The SMA (SMSI) and SCG presented a report to the Swedish Government suggesting amendments to clarify responsibilities. State/ Council/ private report to the Swedish Government suggesting amendments to clarify responsibilities. State/ Council/ private ports and harbours and harbour master contra SMA and SCG. Not finalised. As yet no formal arrangement ports and harbours and harbour master contra SMA and SCG. Not finalised. As yet no formal arrangement between local govt authorities or communities and SCG /SMA(SMSI). As at 7 July the relationship between between local govt authorities or communities and SCG /SMA(SMSI). As at 7 July the relationship between local and state rescue services was being overlooked by the Swedish Ministry of Defence: Civil Defence local and state rescue services was being overlooked by the Swedish Ministry of Defence: Civil Defence section section - report received from SCG and SMA revised and received new identity (Diary Number - report received from SCG and SMA revised and received new identity (Diary Number Fö2006/1264/CIV)Fö2006/1264/CIV)

The MRCC in Gothenburg acts as the MRCC. The Swedish Maritime Safety Inspectorate SMSI (a division of The MRCC in Gothenburg acts as the MRCC. The Swedish Maritime Safety Inspectorate SMSI (a division of the Swedish Maritime Administration) and the Swedish Coast Guard to prevent accidents(2003:778) share the Swedish Maritime Administration) and the Swedish Coast Guard to prevent accidents(2003:778) share responsibility for the designation of PoR. SMA – SAR and the SMSI within it deals with ships threatening to responsibility for the designation of PoR. SMA – SAR and the SMSI within it deals with ships threatening to pollute or polluting Swedish waters. SCG – Combats pollution from ships. pollute or polluting Swedish waters. SCG – Combats pollution from ships.

The Director of the SMSI bears overall responsibility within his sphere. This authority can be delegated. The Director of the SMSI bears overall responsibility within his sphere. This authority can be delegated. Chain of events: MRCC – operating team + senior ship surveyor + ship surveyor: the senior surveyor has Chain of events: MRCC – operating team + senior ship surveyor + ship surveyor: the senior surveyor has delegated authority to take decisions. delegated authority to take decisions.

Places of Refuge: Sweden decided to use off -shore anchorages/ possible PoRs: `Swedish Pilot´, Swedish Places of Refuge: Sweden decided to use off -shore anchorages/ possible PoRs: `Swedish Pilot´, Swedish Charts and Ports. Case-by-case system. Charts and Ports. Case-by-case system. PoRs not on public domain. Heads of SCG and SMSI on 22 May PoRs not on public domain. Heads of SCG and SMSI on 22 May 2006 decided to make available two examples. Working Group set up – next meeting October 2006. 2006 decided to make available two examples. Working Group set up – next meeting October 2006.

2) Cooperation: Sweden – Estonia – Latvia. (Swedish contact at SCG), Helcom: Finland: Gulf of Finland, 2) Cooperation: Sweden – Estonia – Latvia. (Swedish contact at SCG), Helcom: Finland: Gulf of Finland, SweDenGer, Copenhagen Agreement 1969 Sweden, Norway, Denmark. SweDenGer, Copenhagen Agreement 1969 Sweden, Norway, Denmark.

3) Lack of financial warranty does not affect the designation of a PoR. IOPC Fund, CLC Conventions apply, no 3) Lack of financial warranty does not affect the designation of a PoR. IOPC Fund, CLC Conventions apply, no specific national law. All vessels in Swedish waters P+ I coverage.specific national law. All vessels in Swedish waters P+ I coverage.

Page 15: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Finland. 6th June, 2006.Finland. 6th June, 2006.

1)1) The Act on the Prevention of Pollution from Ships (16/3/79) (Chapter 6) outlines the The Act on the Prevention of Pollution from Ships (16/3/79) (Chapter 6) outlines the Finnish Environment Institute (SYKE) as the competent pollution response authority. Finnish Environment Institute (SYKE) as the competent pollution response authority. The General Director of SYKE may delegate the responsibilities of granted a vessel a The General Director of SYKE may delegate the responsibilities of granted a vessel a PoR to the Duty Officer in charge who has the authority to order the vessel to a PoR PoR to the Duty Officer in charge who has the authority to order the vessel to a PoR (refers first to a checklist). SYKE has overall responsibility, Finnish State compensation (refers first to a checklist). SYKE has overall responsibility, Finnish State compensation an important factor. an important factor.

The first information of a vessel in distress. If vessel asks for assistance: MRCC/MRSCThe first information of a vessel in distress. If vessel asks for assistance: MRCC/MRSCIf not, MRCC/MRSC or VTS centre which monitors the vessel’s actions. If not, MRCC/MRSC or VTS centre which monitors the vessel’s actions. Then, MRCC contacts the SYKE’s oil Duty Officer: always available (3 on shift), has Then, MRCC contacts the SYKE’s oil Duty Officer: always available (3 on shift), has computer access to a GIS map application (Environmental Atlas), oil drifting models, computer access to a GIS map application (Environmental Atlas), oil drifting models, Internet and e-mail access. Bases decision on the checklist and the Environmental Atlas Internet and e-mail access. Bases decision on the checklist and the Environmental Atlas (also oil spreading risk scenarios). (also oil spreading risk scenarios). No pre-designated PoRs. Case-by-case system.No pre-designated PoRs. Case-by-case system.

2) 2) Cooperation – HELCOM. Bilateral agreements with Estonia, Russia and with Sweden.Cooperation – HELCOM. Bilateral agreements with Estonia, Russia and with Sweden.Copenhagen Agreement 1969 Sweden, Norway, DenmarkCopenhagen Agreement 1969 Sweden, Norway, Denmark..

3) Compensation – IOPC Fund, CLC Fund and the Finnish Oil Pollution Compensation 3) Compensation – IOPC Fund, CLC Fund and the Finnish Oil Pollution Compensation Fund.: Act on the FOPC Fund (1406/2004) and Government Decree on the FOPC Fund.: Act on the FOPC Fund (1406/2004) and Government Decree on the FOPC (1409/2004). An extra budgetary government fund administered by the Ministry of the (1409/2004). An extra budgetary government fund administered by the Ministry of the Environment – decisions taken by the FOPC Board. Personnel of two working in Environment – decisions taken by the FOPC Board. Personnel of two working in government service. Fairly rare to have national compensation funds (others: Canada, government service. Fairly rare to have national compensation funds (others: Canada, Australia, Draft version: Estonia).Australia, Draft version: Estonia).

. .

Page 16: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Estonia. 7th June, 2006.Estonia. 7th June, 2006.

1)1) The Border Guard (Ministry of the Interior) Administration makes the decision to send a The Border Guard (Ministry of the Interior) Administration makes the decision to send a ship to a PoR and obtains approval of the Maritime Administration (Ministry of Economic ship to a PoR and obtains approval of the Maritime Administration (Ministry of Economic Affairs and Communications) and the Environmental Inspectorate (Ministry of the Affairs and Communications) and the Environmental Inspectorate (Ministry of the Environment). Environment). The Border Guard acts as the MAS. It’s role is The Border Guard acts as the MAS. It’s role is to organise, conduct and manage search to organise, conduct and manage search and rescue operations in the Estonian marine rescue region and to discover, localize and rescue operations in the Estonian marine rescue region and to discover, localize and liquidate marine pollution;and liquidate marine pollution; The Maritime Safety Act 2005. The Maritime Safety Act 2005. § 1. Scope of application of Act§ 1. Scope of application of Act(1) This Act regulates the seaworthiness of ships, recreational craft and other water craft (1) This Act regulates the seaworthiness of ships, recreational craft and other water craft and their navigability in navigable inland waters, the safety of ships and ensuring the and their navigability in navigable inland waters, the safety of ships and ensuring the safety of vessel traffic on waterways.safety of vessel traffic on waterways.

The Estonian Maritime Administration determined the specific areas and their The Estonian Maritime Administration determined the specific areas and their restrictions. The Govt. Of the Republic determined the PoRs on proposal of the Minister restrictions. The Govt. Of the Republic determined the PoRs on proposal of the Minister of Economic Affairs and Communications.of Economic Affairs and Communications.Three ports have been named: Muuga, Paldiski South and Kunda.Three ports have been named: Muuga, Paldiski South and Kunda.

2)2) Sweden – Latvia – Estonia. Helcom. Within SAR Convention Finland, Russia, Latvia Sweden – Latvia – Estonia. Helcom. Within SAR Convention Finland, Russia, Latvia and Sweden. and Sweden.

3)3) Compensation at the national level involves the National Marine Pollution Abatement Compensation at the national level involves the National Marine Pollution Abatement Plan – Working Draft May 2006.Plan – Working Draft May 2006.Plan covers coast, inland and territorial seas, EEZ of Estonia. It creates a basis for Plan covers coast, inland and territorial seas, EEZ of Estonia. It creates a basis for drafting response plans for other agencies. MRCC and JRCC. drafting response plans for other agencies. MRCC and JRCC.

Page 17: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Lithuania. 15th June, 2006.Lithuania. 15th June, 2006.

(1) (1) Order No.- 3-333 is the relevant legislation. Under Clause 5, the MRCC after initial event-Order No.- 3-333 is the relevant legislation. Under Clause 5, the MRCC after initial event-specific assessment, in cooperation with the Harbour Master (Klaipeda State Sea Port specific assessment, in cooperation with the Harbour Master (Klaipeda State Sea Port Authority) and Klaipeda Region Environmental Protection Department shall: Authority) and Klaipeda Region Environmental Protection Department shall:

- consult the master of the ship on in initial actions necessary for vessel stability, buoyancy, etc;- consult the master of the ship on in initial actions necessary for vessel stability, buoyancy, etc;

- make an analysis of ship accident particulars and plan to accommodate the ship in a place of - make an analysis of ship accident particulars and plan to accommodate the ship in a place of refuge;refuge;

- when appropriate, organise an inspection team to board the ship to evaluate the level of risk - when appropriate, organise an inspection team to board the ship to evaluate the level of risk involved.involved.

Final decison to direct a ship to a place of refuge lies with the Director of the Lithuanian Final decison to direct a ship to a place of refuge lies with the Director of the Lithuanian Maritime Safety Administration. If dangerous or hazardous cargo involved the decision is Maritime Safety Administration. If dangerous or hazardous cargo involved the decision is coordinated with the Harbour Master (Klaipeda State Sea Port Authority) and Klaipeda Region coordinated with the Harbour Master (Klaipeda State Sea Port Authority) and Klaipeda Region Environmental Protection Department Environmental Protection Department

The list of potential places of refuge are presented in the Order and have been defined by the The list of potential places of refuge are presented in the Order and have been defined by the Minister of Transport and Communications of the Republic of Lithuania. They are Berth No. 1 - Minister of Transport and Communications of the Republic of Lithuania. They are Berth No. 1 - 6 and the outer Roads of Klaipeda Sea Port.6 and the outer Roads of Klaipeda Sea Port.

(2) (2) Lithuania is operative within HELCOM’ s South-east region.Lithuania is operative within HELCOM’ s South-east region.

(3) Clause 10 of Order No. 3-333: Once access for a PoR to a ship is granted, the ship owner (3) Clause 10 of Order No. 3-333: Once access for a PoR to a ship is granted, the ship owner shall cover all expenses/damages in relation to the granted access and take into account all shall cover all expenses/damages in relation to the granted access and take into account all appropriate insurance and financial guarantee requirements. Relevant IMO Conventions apply. appropriate insurance and financial guarantee requirements. Relevant IMO Conventions apply.

Page 18: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

The Russian Federation.The Russian Federation.Kaliningrad, 28th July, 2006.Kaliningrad, 28th July, 2006.

1)1) Relevant legislation: the ‘Federal Act on the internal maritime waters, territorial sea and Relevant legislation: the ‘Federal Act on the internal maritime waters, territorial sea and contiguous zone of the Russian Federation’ (the ‘Federal Act’)contiguous zone of the Russian Federation’ (the ‘Federal Act’)It is primarily in Article 9 of the Federal Act entitled ‘Emergency calls by foreign ships, foreign It is primarily in Article 9 of the Federal Act entitled ‘Emergency calls by foreign ships, foreign warships and other government ships in the territorial sea, internal maritime waters and warships and other government ships in the territorial sea, internal maritime waters and seaports,’ that the issue of places of refuge is addressed. Article 9 Section 8 of the Federal Act seaports,’ that the issue of places of refuge is addressed. Article 9 Section 8 of the Federal Act reads:reads:‘‘‘‘The decision to refuse exercise of the right of an emergency call shall be taken by the official The decision to refuse exercise of the right of an emergency call shall be taken by the official of the federal executive body for the border service independently or in agreement with an of the federal executive body for the border service independently or in agreement with an official of the seaport, naval base or area where warships are based.’’official of the seaport, naval base or area where warships are based.’’ The MRCC contacts the Harbour Master in Kaliningrad directly. Ultimate responsibility as The MRCC contacts the Harbour Master in Kaliningrad directly. Ultimate responsibility as above. above. All vessels allowed access to Kaliningrad. However, NB observation of Article 9 Para 7 All vessels allowed access to Kaliningrad. However, NB observation of Article 9 Para 7 regarding refusal in respect of damaged foreign ships, foreign warships and other govt. ships regarding refusal in respect of damaged foreign ships, foreign warships and other govt. ships with nuclear engines or foreign ships transporting nuclear or other inherently dangerous or with nuclear engines or foreign ships transporting nuclear or other inherently dangerous or noxious substances or materials (damage or harm to citizens/resources/environment outweighs noxious substances or materials (damage or harm to citizens/resources/environment outweighs damage to the ship concerned).damage to the ship concerned).

2)2) One of the results of the recent Helcom Action Plan was to create sub-regions within the Baltic One of the results of the recent Helcom Action Plan was to create sub-regions within the Baltic Sea. Kaliningrad, Sweden, Lithuania and Poland comprise the South-east region and are at Sea. Kaliningrad, Sweden, Lithuania and Poland comprise the South-east region and are at present working on an elaboration of the sub-regional contingency plan that is to include places present working on an elaboration of the sub-regional contingency plan that is to include places of refuge. The planned Helcom Response Conference in Gdynia on 13-15 September is likely of refuge. The planned Helcom Response Conference in Gdynia on 13-15 September is likely to contain issues concerning places of refuge in its draft agenda.to contain issues concerning places of refuge in its draft agenda.

3)3) IOPC and CLC. The Russian Federation has ratified the LLMC.IOPC and CLC. The Russian Federation has ratified the LLMC.

Page 19: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

So, what is needed

for a functional system of MOS with their incorporated PORs?

Political sensitivity

Local vs national concerns

EU and the IMO

Transparency

Technology

Effectiveness

Page 20: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

National chartsNational charts

International Hydrographic OfficeInternational Hydrographic Office

SymbolsSymbols

International chartsInternational charts

ECDISECDIS

Page 21: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2
Page 22: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2
Page 23: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2
Page 24: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Regional steps:

HELSINKI COMMISSION HELCOM RESPONSE 6/2005 Response Group Sixth Meeting Klaipeda, Lithuania, 30 November - 2 December 2005

PLACES OF REFUGE

HELCOM MARITIME 4/2005 discussed the issue of places of refuge and, inter alia, invited HELCOM RESPONSE to consider the inclusion of the chapter on places of refuge in the HELCOM Response Manual, which would contain information on:

− places of refuge in each Contracting Party (when available); − contact information of the authorities responsible for taking decision on the places of

refuge; − contact information of the marine assistance services in each Contracting Party.

The Meeting is invited to discuss the proposal of HELCOM MARITIME 4/2005 and decide as appropriate.

The Meeting might also wish to agree on the scope of information to be provided by the Contracting Parties for inclusion into the HELCOM Response Manual as well as the timing.

The Meeting is also invited to further discuss on the steps to be taken by HELCOM on the places of refuge.

Page 25: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

HELCOM RESPONSE 7/2006 Response Group Seventh Meeting Gdynia, Poland, 13-15

September 2006

7.6 Places of refuge

Following the decisions by HELCOM MARITIME 4/2005 and by HELCOM RESPONSE 6/2005 the Contracting Parties were requested to submit information on places of refuge. The Meeting is invited to discuss the results of the reporting and further cooperation with regard to places of refuge.

To be discussed at HELCOM (BSAP) October 2006To be discussed at HELCOM (BSAP) October 2006

Page 26: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Regional steps:

Added value

Accidents in the south Baltic Sea Area will be prevented through joint actions and measures. Common standards for preparedness and planning will be developed and recommended to the responsible authorities of each country.

• Increased local and regional preparedness for accidents involving oil.

• Increased environmental protection through measures on local and regional level.

• Increased cooperation between authorities on different levels within the field of maritime safety (e.g. municipalities, county administrative boards, regions,national authorities, etc.).

• Integration of coastal zone management and marine area spatial planning in the planning processes of local and regional authorities.

Page 27: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

The EU Green Paper on Maritime Safety proposes that: The EU Green Paper on Maritime Safety proposes that:

Maritime governance should make use of the experience gained from regional policy in sectoral policy coordination, cooperation, exchanging good practice and partnership involving all stakeholders.

and that:

An annual conference on best practice in maritime governance could be useful in bringing together different layers of government and stakeholders.

and asks:

How can an integrated approach to maritime affairs be implemented in the EU?

Page 28: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

How can an integrated approach to Places of Refuge be implemented in the Baltic Sea Region?

Page 29: Incorporating Safety into Motorways of the Sea. Places of Refuge in the BSR: The State of the Nations. Joint MSUO and BSR Interreg IIIB NP Conference 2

Thank you for listening.Thank you for listening.