SHIPPING FEDERATION OF CANADA GREEN SHIPPING: A NEW LICENSE TO TRADE

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SHIPPING FEDERATION OF CANADAGREEN SHIPPING A
NEW LICENSE TO TRADE

• THE NEW ENVIRONMENTAL IMPERATIVE ANDITS IMPACT
  ON SHIPPINGJOSEPH ANGELOAPRIL 6, 2006

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• THE ENVIRONMENTALIMPERATIVE
• CRIMINAL SANCTIONS
• UNILATERAL ACTION
• INTERTANKO ACTION

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1970s - 1980s

• OIL POLLUTION
• - OPERATIONAL
• - ACCIDENTAL
• BULK CHEMICAL POLLUTION
• GARBAGE

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1990s

• ACCIDENTAL OIL POLLUTION
• DOUBLE HULLS
• HARMFUL SUBSTANCES IN PACKAGED FORM
• AIR EMISSIONS

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2000s

• HARMFUL ANTI-FOULING SYSTEMS
• SEWAGE
• BALLAST WATER
• RECYCLING OF SHIPS

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CRIMINAL SANCTIONS

• BILL C-15 IN CANADA
• EUROPEAN DIRECTIVE ON SHIP-SOURCE POLLUTION
• ENFORCEMENT UNDER UNITED STATES LAW

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CRIMINAL SANCTIONS

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

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CRIMINAL SANCTIONS

• CANADIAN BILL C-15
• CRIMINAL PENALTIES IN THE ABSENCE OF FAULT ON THE
  PART OF A CREW MEMBER
• MASTER MAY BE CHARGED FOR CRIMINAL ACTIONS OF
  CREW
• ACCUSED PERSON MUST PROVE THEIR INNOCENCE

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CRIMINAL SANCTIONS

• EUROPEAN DIRECTIVEON SHIP SOURCE POLLUTION
• CRIMINAL SANCTIONS MAY BE IMPOSED IN THE CASE OF
  ACCIDENTAL INCIDENTS (SERIOUS NEGLIGENCE)
• APPLIES TO ALL ELEMENTS OF THE MARINE
  TRANSPORTATION CHAIN (CHARTERS, CLASS SOCIETIES,
  CREW)

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CRIMINAL SANCTIONS

• ENFORCEMENT IN THE US
• CRIMINAL PENALITES FOR THOSE WHO KNOWINGLY
  VIOLATE THE LAW
• CONCENTRATES ON FLAGRANT, REPETITIVE VIOLATORS
  AND THOSE THAT ATTEMPT TO OBSTRUCT AN
  INVESTIGATION
• AGGRESSIVE POSTURE TOWARD PROSECUTION

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CRIMINAL SANCTIONS

• NEGATIVE EFFECTS
• FEAR OF PROSECUTION COULD LEAD TO
• FAULTY ACCIDENT INVESTIGATIONS
• MINIMAL ACTION BY CREW
• MASTER/OFFICER FATIGUE DUE TO CONSTANT CREW
  MONITORING
• TRAGIC CONSEQUENCES

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UNILATERAL ACTION

• BALLAST WATER
• MANAGEMENT
• AIR POLLUTION

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UNILATERAL ACTION

• BALLAST 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

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UNILATERAL ACTION

• AIR POLLUTION
• IMO TREATY (ANNEX VI TO MARPOL) ENTERED INTO
  FORCE IN MAY 2005
• US EPA ISSUED FINAL RULE FOR ANNEX VI STATING
  THAT HIGHER STANDARDS WILL BE IMPLEMENTED IN 2007
• EUROPEAN COMMISSION DIRECTIVE ON MARINE FUELS
  (0.1 SULPHUR BY 2010)
• CALIFORNIA AIR EMISSION STANDARDS (0.5 SULPHUR
  BY 2007, 0.1 BY 2010)

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INTERTANKOSTRATEGIC PLAN

• LEAD THE CONTINUOUS IMPROVEMENT OF THE TANKER
  INDUSTRYS PERFORMANCE IN STRIVING TO ACHIEVE THE
  GOALS OF
• ZERO FATALITIES
• ZERO POLLUTION
• ZERO DETENTIONS

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STRATEGIES

• GUIDELINES ON SHIP WASTES
• OWNER MAINTENANCE MANUAL
• LOWER AIR EMISSION STANDARDS
• KEY PERFORMANCE INDICATORS (KPI)
• BEST PRACTICE GUIDE
• DIALOGUE WITH US DEPT OF JUSTICE
• POSEIDON CHALLENGE

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LEGAL ACTIONS

• STATE OF WASHINGTON LAWSUIT
• MASSACHUSETTS STATE LAWSUIT
• US FEDERAL COURT LAWSUIT ON BALLAST WATER
  DISCHARGES
• LITIGATION OF EU DIRECTIVE ON SHIP SOURCE
  POLLUTION
• CANADA BILL C-15 ??

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POSEIDON CHALLENGE

• AN INVITATION TO EVERY LINK IN THE CHAIN OF
  RESPONSIBILITY AND EVERY INDIVIDUAL PARTICIPANT
  IN THEIR SECTOR OF THE CHAIN TO TAKE PRACTICAL
  STEPS TO ACHIEVE THE GOAL OF
• ZERO TOLERANCE