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Chairman and Managing Director's Review
Owning and operating tankers is a challenging business. It always has been. That is nothing new. But the challenges facing today’s tanker owner are greater in number and greater in complexity than ever before; and, if things go wrong, they involve a greater impact on people, on the environment and on the tanker owner and his staff. "Perhaps the biggest challenge of all for the shipping industry is our ability to respond promptly and effectively to rapidly changing expectations and requirements," - INTERTANKO Chairman Stephen Van Dyck, speaking in November 2006 at the World Shipping (China) Summit in Shenzen. Rapid response is crucial as the tanker industry goes about shaping its own future - and that is exactly what we need to continue doing. For as soon as we stop proactively defining our own way forward, identifying the goals and finding the best way of reaching them, others will step in and dictate the route. That is why the tanker industry also has to keep an eye on the expectations of others - no easy task. Politicians, regulators, environmentalists tolerate nothing short of zero deaths and pollution. Other players in the shipping industry, who are links in the same chain of responsibility, demand total efficiency. Other tanker owners challenge their peers to share the same thirst for perfection that they do. Echoing INTERTANKO’s vision of a responsible, sustainable and respected tanker industry committed to continuous improvement and constructively influencing its future, and in accordance with its desire to lead the continuous improvement of the tanker industry’s performance, Van Dyck has highlighted the need for tanker owners to be proactive in meeting the numerous challenges that they face. Part of this proactive approach is the Poseidon Challenge and its encouragement to aspire to achieve continuous improvement in all that they do. While encouraging them to be proud of the very significant improvements in safety and environmental performance that have been achieved over the past decade, he emphasises that there is much work still to do in striving to achieve their goals of zero fatalities, zero pollution, zero detentions. They still face a host of challenges, ranging from the control of engine air emissions to finding effective solutions to ballast water management and the safe and responsible recycling of ships. INTERTANKO stresses the critical need to establish global standards for the industry, linked with global rules and regulations, and to ensure support for a dynamic IMO. We believe that it is crucial that owners take the lead in addressing the issues before them, in acting in an intelligent and proactive way, and also in recognising the need to respond with timely and effective measures when called on. Taking the lead involves understanding the direction of events and then being proactive rather than reactive, in doing what we, the tanker owners, as well as we, the tanker industry, believe is the right course of action for the long term, in building a firm base for the future. This sometimes means sticking our neck out. The alternative course of action, the reactive way, leaves our industry at the mercy of regulators, environmentalists and ultimately at the mercy of their ‘masters’ the general public, responding to other people’s knee-jerk reactions to crises with our own reactive responses, and generally playing catch-up with events. The man in the street has woken up to the fact that he and his children ‘own’ the seas and oceans and their shores and beaches. He feels a new responsibility to hand them on to future generations intact and pristine. He expects the shipping industry to use these waters responsibly and not to spill anything into them.
Well, the high seas have been taken for granted, and have
been the shipping industry’s motorway for thousands of
years. For much of that time, if we are honest, many people
- not just shipping people but also the man in the street and
his family - took a cavalier attitude to the marine
environment, treating the oceans as a giant dustbin which
was able to swallow up massive amounts of rubbish and
pollution and yet could reassume its blue and sparkling
face even before the ripples had disappeared. The growing
realisation that the vast and powerful oceans have a delicate
side to them, and are being permanently damaged by
pollution, have engendered the zero tolerance attitude that
we are starting to see today. It is now simply not acceptable
to say that 99.99% of oil arrives safely, because the man in
the street will straightaway ask about the .01% that does not.
The challenges confronting the tanker industry as it shapes its future are changing and becoming more and more demanding. If the tanker industry does not meet these challenges, there is a loss of trust, manifest in increased rules and regulations - which may come at a massive cost to the industry. INTERTANKO believes that the development of such costly increased rules and regulations can be curbed, through a proactive approach that engenders far more trust than a reactive approach, and through a strong and reasoned resistance to regional and national regulation which can cut right across international regulation with an additional regulatory burden.
International, not regional regulation The State of Massachusetts Oil Spill Prevention Act was signed into law in Massachusetts on 4 August 2004 in response to a 2003 tank barge accident that resulted in an oil spill in Buzzards Bay. It regulates (pilotage, manning, design, escort, certificates of financial assurance) oil-carrying vessels traveling in interstate and/or international commerce while such vessels are within the waters of Massachusetts. A shipping industry coalition (INTERTANKO, American Waterways Operators, Chamber of Shipping of America, BIMCO) joined the U.S. Government Complaint (lawsuit) against the Commonwealth of Massachusetts. The lawsuit charges that the Massachusetts Oil Spill Act impermissibly treads on federal jurisdiction, specifically the jurisdiction of the U.S. Coast Guard, in making rules governing maritime operations in U.S. waters. It asserts that such interstate commerce requires a single, clear set of federal regulatory standards that are uniform from state to state and locality to locality, in order to avoid confusion that could lead to accidents. In June 2006, the State of Massachusetts was permanently enjoined by the U.S. District Court in Massachusetts from enforcing the State of Massachusetts Oil Spill Prevention Act 2004. The Court called the statute unconstitutional, asserting that it tries to make law in areas that are reserved exclusively to the Federal Government, and concluding, "The challenged provisions of the (Massachusetts) Oil Spill Prevention Act are pre-empted, invalid and unconstitutional under the Supremacy Clause of the United States Constitution. The Commonwealth of Massachusetts is therefore permanently enjoined from enforcing the challenged statutes." This decision means that the regulatory authority of the U.S. Coast Guard over vessel operations in U.S. waters has been upheld and federal regulations and statutes pre-empt state and local regional activity. It reinforces a similar ruling involving the Supremacy Clause when in the year 2000 INTERTANKO won its long-running legal battle against the State of Washington by a unanimous U.S. Supreme Court decision in U.S. v. Locke, 529 U.S. 89. The U.S. State of Massachusetts has submitted an appeal. Other ongoing U.S. regulatory activity in this vein includes a new law in the U.S. State of Rhode Island which prohibits persons, structures, facilities and certain materials from being within any safety or security zone established under the U.S. Coast Guard (USCG) regulations. It has the potential of banning Liquefied Natural Gas (LNG) tankers from transiting Narragansett Bay. The U.S. Coast Guard has sent letters to the Rhode Island legislature warning them that the legislation is potentially pre-empted by federal law - existing USCG regulations specifically establish safety and security zones for high interest vessels (including LNG tankers) operating in Narragansett Bay.
A related situation is the state of California’s Air Resources
Board (CARB) wishing to impose more rigid air emission
standards than the federal government - emissions from
auxiliaries and diesel electric main engines to be not more
than as if using max 0.5% sulphur fuels (0.1% by 2010).
Criminalisation of seafarers. Clarification in this area of law has been sought to safeguard the rights of seafarers - criminalising innocent mistakes will be detrimental to their retention and recruitment. For salvors the possibility of criminal liability may well inhibit their prompt action and therefore put the marine environment at risk and have detrimental effects on others (e.g. class). The shipping industry as a truly global industry needs laws and regulations that are international in scope and applied uniformly rather than conflicting and overlapping regional and national laws. So strongly does INTERTANKO, and a large part of the shipping industry, feel about this Directive that they took their argument to the High Court in London in a case brought against the U.K. Secretary of State for Transport by a broad coalition of shipping industry interests comprising INTERTANKO, INTERCARGO, the Greek Shipping Cooperation Committee, Lloyd’s Register and the International Salvage Union and supported by many other organisations. In June 2006 the High Court ruled that the shipping industry’s arguments against the legality of the E.U. Directive on Ship Source Pollution were well-founded. The High Court remitted a comprehensive list of issues to the European Court of Justice in Luxembourg for determination - including the legality of the Directive within the territorial waters of members states as well as on the high seas; whether the Directive is contrary to the right of innocent passage as enshrined in UNCLOS; and lastly whether the term "serious negligence" is consistent with the principle of legal certainty. The coalition hopes for a hearing and decision in 2007.
EU Third Maritime Safety Package INTERTANKO’s main objectives in this work are to ensure that the final outcomes are in line with internationally adopted rules and regulations and respect the outcome of negotiations in the relevant international organisations; as well as that the final outcome encourages rapid ratification and uniform implementation and enforcement of relevant international conventions. The industry has emphasised the urgent need for the creation of an independent authority in all coastal states to deal with ships in distress and their accomodation in places of refuge. INTERTANKO supports suggestions made by both the European Commission and the European Parliament’s Rapporteur Dirk Sterckx, that the EU Member States should designate an independent competent authority, which should have a clear mandate and command structure to allow ships in distress into a safe haven to safeguard the environment and/or property and, most importantly, human life. Discussions on accident investigation have emphasised the need for independent technical investigations and on finding a role for the European Maritime Safety Agency (EMSA) to make best use of the lessons learned from this kind of investigation. INTERTANKO has emphasised the need for a clear distinction between technical accident investigations and criminal investigations. We understand that the proposal on accident investigation will be put on the Council agenda this spring. The European Parliament’s Rapporteur on the flag state compliance issue, Marta Vincenzi, emphasises the need to impose obligations on EU Member States to comply with the international standards that they have signed up to at the IMO. In order to avoid too much bureaucracy and red tape, however, she wants to diminish part of the burden on national administrations and simplify the coordination procedures with the Commission.
The EU is examining how to establish strengthened controls of the classification societies, is looking at the level of fines for underperforming societies and the possibility of mutual recognition of class certificates. INTERTANKO supports the proposed establishment of an independent, internationally constituted auditing body for classification societies acting as recognised organisations through IMO guidelines, but has reservations with regard to some of the mutual recognition proposals. Another significant European regulatory development in 2006 was on the competition front.
Competition Despite the fact that the tramp shipping sector has all the time been subject to the rules of the EC Treaty’s Article 81 (concerted practices) and Article 82 (abuse of dominant position), the latest change is significant because it lifts the exclusion of tramp shipping services from the scope of the general Commission implementation rules for competition laid down in Regulation 1/2003, bringing the tramp shipping sector much more to the forefront as far as EU enforcement of the competition rules is concerned. The publication of this regulation in the Official Journal only three days after the decision was extremely fast by normal standards - it can often take up to three months - and emphasised the importance being attached to this regulation. The tanker shipping industry, as well as other maritime transport operators, would accordingly be well advised always to take the provisions of the EU competition rules into account when planning and providing its services. Many of the other key issues that have preoccupied INTERTANKO and its members during 2006 demonstrate that our world is changing, that people have a genuine concern for our environment and that the politicians know that visible, tangible, political action on the environment is a vote winner. INTERTANKO believes that confronting these issues proactively will do more to help the tanker industry shape its own future and live up to expectations rather than reacting to them only when it is obliged to.
Ship recycling A five-point Interim Strategy has been developed out of the desire by the shipping industry to implement and adopt a general industry procedure before the entry into force of the international instrument. It is based on the latest draft of the IMO Convention, as provided by the IMO’s Marine Environment Protection Committee at its last meeting in October 2006. It is intended to be put into practice by the relevant industry stakeholder associations and their members. Each of the elements forming the Interim Strategy has been selected for its direct and short-term impact on improving recycling practices as well as being practical and workable options identified in the draft IMO Convention.
Voluntary flag state audit The finished scheme has been well-supported in principle by member states, and was developed and adopted with overwhelming support. More than 20 member states have already applied for voluntary audit and the list is growing. The scheme may be voluntary, but few flag states are likely in practice to be able to avoid it. INTERTANKO is strongly in favour of flag state audit recommendations being implemented and also being made public. We will only work with flags which do undergo an audit, which do make these findings public, and which do implement the recommendations.
Air emissions
INTERTANKO’s members believe that it is important that there is an open debate at the international level on the subject of how best to meet the rapidly changing expectations for lower ship emissions and to ensure that the full burden of responsibility is not placed solely on the owner, ship and ship’s staff. The submission of this document has contributed positively to a full and frank discussion by the Working Group of the various solutions possible The next round of debates will take place at BLG 11 due to be held in London in April 2007. As far as INTERTANKO is concerned, we believe that the industry should give high priority to identifying the best possible solutions for a longterm and predictable regulatory regime which would, on the one hand, reduce air emissions from ships and, on the other, ensure that new engines are designed and built to meet foreseeable tighter regulatory regimes on emissions from ships.
Anti-fouling paints The shipping industry and the paints industry support the Convention, which bans tributyltin (TBT) from marine paints. Many leading paint manufacturers stopped producing TBT-based paint systems three years ago and have been marketing alternatives. Most shipbuilders and ship repair yards ban TBT paints - though not all. But TBT-based coatings had already been stockpiled and a few people continue to buy them, using non-ratification of the Convention to salve their consciences. Plenty of responsible ship owners have been proactively abiding by the Convention’s requirements since the 2003 target date - irrespective of non-ratification. But the laudable actions of these responsible owners are jeopardised by those who are still trading their ships with TBT paint systems - because the Convention has not been ratified. Not only are TBT systems cheaper, but the fact that they are still in use takes away from the beneficial effect on the environment of all those who have changed their ways. Again the good suffer because others are able to circumvent the "law" which has been laid down but not had sufficient ratification by states and therefore still has not entered into force. This is a situation where inaction prompts reaction. From 1st January 2008, European Union legislation bans the use of TBT paints on EU flagged vessels, and any ship using TBT paint systems, regardless of its flag, will be barred from EU ports. However the EU is watching very closely the situation at the IMO. The EU states have their directive, but, embarrassingly, the majority have not yet signed up to the international convention. They are also worried about how they are going to enforce their directive in practice on ships that are trading worldwide. Paint sampling has never been part of port state control officers’ duties.
The EU would like to see entry into force of the IMO
convention. So would the shipping industry. And so would
our rapidly changing world where society’s expectations are
moving ahead apace and will quite simply no longer accept
the damaging effects of TBT on shellfish and on other
marine life. This foot dragging by IMO member states is
ruining all the efforts of those responsible and pro-active
members of the shipping industry who have already taken
action.
Ballast water treatment A list of concerns was drawn up in respect of the technologies which were reviewed by the Review Group, including system reliability and durability, and more specifically the challenge of achieving sampling and monitoring requirements, the ability to demonstrate that the technology can meet the treatment standards, and the ability of the systems to work in turbid conditions. INTERTANKO’s Environmental Committee will review in detail the outcome of the Review Group and Committee’s decision and decide on an INTERTANKO strategy for the next MEPC meeting in July 2007.
Information Sharing / IACS Early Warning System (EWS). However, the new EWS would only function if ship owners agree to the circulation to other class societies of information on their ships. IACS has proposed a Confidentiality Clause to be added to their Rules, that would need to be endorsed by ship owners. This clause would authorise the release of information on serious structural, engine room and equipment failures to facilitate the proper working of the EWS. INTERTANKO has stressed that from the liability perspective it is important that sufficient safeguards are built into the EWS itself, and that it would be helpful if the ship owner clients of the IACS member were to be advised when information was being considered for passing to the EWS. An amendment to the clause has been proposed by INTERTANKO’s Documentary Committee to reflect this.
INTERTANKO’s Council gave its broad acceptance of the
principle of EWS, with the understanding that the Secretariat
will further discuss with, and obtain more information
Human Element But human beings are not machines and they can make mistakes. In fact more than half of all P&I insurance claims are caused directly or indirectly by human intervention and/or human error. The recruitment and retention of seafarers and shore staff, and the training of these people, is becoming more and more important as the supply of such staff grows tighter and tighter year by year. This has led to the realisation that the only way to achieve tanker industry goals of zero fatalities, pollution and detentions is through addressing the human element of shipping.
Human Element in Shipping Committee
The committee’s main aims are to promote the availability,
training and utilisation of personnel with the highest quality
marine skills and competencies; to achieve compliance with
rules and regulations; to assist in the development of
measures that highlight the role of the human element in safe,
secure and environmentally sound tanker transportation, and
in leading the continuous improvement of the tanker
industry’s performance.
The Committee has agreed to focus its initial work efforts on the supply and recruitment of seafarers; on cadet availability; on retention of officers; and the promotion of focused training by assisting the Vetting Committee on compliance as well as in the production of our Tanker Officer Training Scheme (TOTS). The tanker industry wants to ensure that it secures the best people - placing young cadets coming into shipping in the best possible working environment. Ensuring that top notch people get the finest training and work conditions secures future quality standards.
Cadet berths INTERTANKO members further agreed to consider that newbuildings should include suitable certified cabin space for cadets as part of any newbuilding specification. INTERTANKO will, in parallel to this, include cadet berth availability in the work programme of the Tripartite Forum (owners, shipbuilders and class) and encourage this as a norm in shipbuilding specifications.
Membership Being an association of international independent tanker owners is about giving the individual tanker owner a louder voice and stronger influence on the international stage. It’s about working together and sharing information for the greater good. It’s about learning how others go about their business - and even learning from the mistakes of others. Welcoming so many new members makes the whole association work even better. It means more voices, more expertise. Our Executive Committee looked again at proposed amendments to INTERTANKO’s Articles of Association which would give the Association’s Council the opportunity to admit state-owned companies operating on a normal commercial basis as full members of INTERTANKO. The Committee reaffirmed its previous decision, as well as the Council’s decision last November, to recommend to the Annual General Meeting that the Articles of Association be changed, while reiterating that the Council always has the authority to accept or decline a membership application without specifying any reasons for its decision. We are not expecting 2007 to be an easy year. But we are expecting it to be a year of progress - progress as individuals and progress as companies as we push forward with achieving continuous improvement in what we do. And progress in shaping our future as an industry as we take a few steps closer to our goals, thereby gaining respect and living up to expectations.
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