An Ocean of Opportunity: An integrated maritime policy for the EU

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Places of refuge: General legal framework and developments within IMO and the EU

Alexandros KailisEuropean Commission

DG MARESymposium on Coastal States Regulation of Marine Shipping

University of Tromsø, 30-31 October 2008

An Ocean of Opportunity: An integrated maritime policy for the EU

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An Ocean of Opportunity: An integrated maritime policy for the EU

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Places of refuges : Starting point

Main incidents

• Erika (December 1999)

• Castor (December 2000)

• Prestige (November 2003)

↓ Need for action and measures at International and European level

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An Ocean of Opportunity: An integrated maritime policy for the EU

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IMO Level

• Discussions in the Maritime Safety Committee (MSC)

• Guidelines on places of refuge for ships in need of assistance [Res A.949(23, December 2003)]

• Maritime Assistance Service (MAS) [Res. A.950(23)]

European Community Level

• Introduction of provisions on Places of refuge in ERIKA-II package (December 2000)

Directive 2002/59/EC of June 2002 establishing a Community vessel traffic monitoring and information system (repealing Council Directive 93/75/EEC)

New provisions of Places of refuge in ERIKA-III package (December 2005)

Proposal for a Directive amending Directive 2002/59/EC

The Legal Framework of Places of Refuge at International and European Level

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An Ocean of Opportunity: An integrated maritime policy for the EU

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1. Guidelines on places of refuge for ships in need of assistance - IMO Resolution A.949(23) -

Basic Concepts

• Ships in need for assistance

«Ship in need of assistance means a ship in a situation, apart from one requiring rescue of persons on board, that could give rise to loss of the vessel or an environmental or navigational hazard».

• Places of refuge

«Place of refuge means a place where a ship in need of assistance can take action to enable it to stabilize its condition and reduce the hazards to navigation, and to protect human life and the environment»

IMO Framework

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An Ocean of Opportunity: An integrated maritime policy for the EU

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• Applicable to ships in need of assistance (the safety of life not involved – 1979 SAR Convention on Maritime Search and Rescue)

• Setting-up of a common operational framework

• Guidelines for Masters/Salvors

• Guidelines for Coastal States

Objective

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An Ocean of Opportunity: An integrated maritime policy for the EU

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2. Maritime Assistance Service (MAS)

- IMO Resolution A.950(23) -

Main Purpose

• Receiving reports, consultation and notifications on incidents

• Serving as the point of contact between the shipmaster and the Coastal State authorities and those involved in a marine salvage operation

IMO Framework

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An Ocean of Opportunity: An integrated maritime policy for the EU

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Directive 2002/59/EC of June 2002

vessel traffic monitoring and information system

Overall Objective

Reinforce the preventive dimension of the Community maritime safety legal framework

Enhance the safety and efficiency of maritime traffic Improve the response of authorities to incidents, accidents or

potentially dangerous situations at sea including search and rescue operations

Better prevent and detect pollution by ships

EU Framework

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An Ocean of Opportunity: An integrated maritime policy for the EU

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Specific Objectives

• Supplement the ''prevention'' component of the EU's maritime safety policy with the operational management of maritime risks at Community level

• Harmonisation and organisation of all the maritime traffic management and vessels monitoring tools and systems

• Coordination process between national authorities

Main Measures

• Provision of full ship reporting and monitoring system

• Introduction of on-board ship monitoring equipments → Automatic Identification System (AIS)

• Notification of dangerous or polluting goods on boards ships Creation of Places of Refuge Cooperative framework between Member States

Directive 2002/59/EC of June 2002

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An Ocean of Opportunity: An integrated maritime policy for the EU

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Places of refuge

Definition

Article. 3 (m)

«Place of refuge means a port, the part of a port or another protective berth or anchorage or any other sheltered area identified by a Member State for accommodating ships in distress»

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An Ocean of Opportunity: An integrated maritime policy for the EU

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• Title III of Directive 2002/59/EC : Places of refuge as a component of the coastal State’s “emergency response scheme'‘

• Several Articles:

- Article 20: basic requirements concerning national plans

- Article 23: cooperation between MS

- Art. 26.3: Compensation

General Context

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An Ocean of Opportunity: An integrated maritime policy for the EU

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Places of refuge

’’Member States, having consulted the parties concerned, shall draw up, taking into account relevant guidelines by IMO, plans to accommodate, in the waters under their jurisdiction, ships in distress. Such plans shall contain the necessary arrangements and procedures taking into account operational and environmental constraints, to ensure that ships in distress may immediately go to a place of refuge subject to authorisation by the competent authority’’

Article 20§1 of directive 2002/59

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An Ocean of Opportunity: An integrated maritime policy for the EU

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Article 23 of Directive 2002/59/EC

Cooperation

• Towards an EU Network of places of refuge Member States and the Commission shall cooperate with a view to:

- developing appropriate information exchange links between coastal stations and port authorities on traffic monitoring and routing systems

- drawing up concerted plans to accommodate ships in distress

• Regulation (EC) 1406/22: EMSA to facilitate cooperation in areas covered by Directive 2002/59

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An Ocean of Opportunity: An integrated maritime policy for the EU

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Article 26§3 of Directive 2002/59/EC

Compensation

• Article 26.3: Commission to examine feasibility of a Community regime for compensation of costs and damages

• Parliament Resolution of September 2003: request for rapid measures

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An Ocean of Opportunity: An integrated maritime policy for the EU

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Commission Proposal of 23 November 2005 for a Directive amending Directive 2002/59/EC

Grounds for the proposed amendments Prestige Disaster in November 2002 → Demands by the Council

and the European Parliament Commission Consultation with Member States, the maritime

industry (2004-2005) and EMSA Experience with implementing the Directive 2002/59/EC and

need for harmonised application of the Directive especially in the area of places of refuge

Consistency with international instruments (IMO Guidelines) and progress at the Community level

Application of AIS to fishing vessels and concerns with specific safety risks in hostile environment – navigation in ice conditions

Adaptation to operational and technical developments in the maritime sector (i.e SafeSeaNet data exchange network)

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An Ocean of Opportunity: An integrated maritime policy for the EU

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Planned Amendments to Places of Refuge

Main Purpose – Commission’s Objectives

• Clarifications and detailed provisions

Interpretation – application of Accommodating Plans

Responsibilities of the authorities concerned

Operational procedures

Compensation for costs and damages of the accommodation plans

• Harmonised application at Community level

• Transparency and legal security

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An Ocean of Opportunity: An integrated maritime policy for the EU

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Proposed Measures

Amended Art. 20

• Setting-up a decision making chain

• Establishing an independent authority

• Inventory of potential places of refuges

• Increased dissemination and sharing of information

• Ships with insurance coverage / financial guarantee

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An Ocean of Opportunity: An integrated maritime policy for the EU

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Codecision Procedure(Commission, European Parliament and Council of the EU)

On-going discussions between the European Parliament and the Council to reach an

agreement at second reading

Main Negotiating Issues

• Issue of distress (EP)– assistance (Council Position)

• Independent authority (EP) –competent authority

• Information on the Accommodating Plans- confidentiality

• Responsibility and tasks of the authority (EP)

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An Ocean of Opportunity: An integrated maritime policy for the EU

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Conclusion

Places of refuge

Need for a common legal framework

↓- Decision taken on a case-by-case basis

- Prior Technical/operational evaluation

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An Ocean of Opportunity: An integrated maritime policy for the EU

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Thank you very much!

http://ec.europa.eu/maritimeaffairs