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Damage Caused by Ships

crime and water pollution Discharges from ships Henk Ruessink ECENA course, Boedapest, December 2008. Damage Caused by Ships. Damage Caused by Ships. Examples of particular issues: Oil pollution Chemicals Sewage Garbage Mystery spills Anti-fouling systems Harmful aquatic organisms

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Damage Caused by Ships

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  1. crime and water pollutionDischarges from shipsHenk RuessinkECENA course, Boedapest, December 2008

  2. Damage Caused by Ships

  3. Damage Caused by Ships Examples of particular issues: • Oil pollution • Chemicals • Sewage • Garbage • Mystery spills • Anti-fouling systems • Harmful aquatic organisms • Dumping wastes at sea • Groundings • Collisions

  4. result: coastline contamination

  5. Need for immediate resonse

  6. Water is life ! “It is a precondition for human, animal and plant life as well as an indispensable resource for the economy. Water also plays a fundamental role in the climate regulation cycle. Protection of water resources, of fresh and salt water ecosystems and of the water we drink and bathe in is therefore one of the cornerstones of environmental protection in Europe. The stakes are high and the issues transcend national boundaries and concerted action at the level of the EU is necessary to ensure an effective protection”

  7. International Maritime Organization Established through UN Convention on Law of the Sea • Competent international organization (UN Agency) Established 1948; first assembly 1959 • Maintain the balance between protection of the environment and navigation rights • Challenge: closing the implementation gap IMO Marine Environment Protection Committee • Primary forum for maritime conventions • Focus upon all types of ship related pollution

  8. Some history • 1950s  recognition of prroblem of sea pollution • 1954  first international convention: OILPOL • Primary focus on oil: crude, fuel,lubricating, oily waste • Concentration limit, forbidden discharge zones • 1959  first 100,000t crude tanker • 1962  more restrictions in OILPOL • 1967  Torrey Canyon disaster • Shipwreck in Channel, 120,000t crude oil spill • 1971  further amendmends of OILPOL

  9. More history • 1973  International conference leads to treaty • International Convention for the Prevention of Pollution from Ships (MARPOL) • Also sees to chemicals, cargo, sewage and garbage • 1976: only 3 ratifications: Jordan, Kenya and Tunisia • 1976-1977  more grave accidents • 1978  new MARPOL 73/78 (includes 1973 treaty) • 1978  Amoco Cadiz shipwreck, France • 1989  Exxon Valdez disaster; call for double hullsS (effective for new tankers, 1996)

  10. MARPOL 73/78 at a glance • Ship-generated pollution as part of normal operations • Ensures that ships are adequately designed, equipped, certified, operated and inspected • Requires States to deal with wastes from ships – reception facilities • Applies to all ships (discharge requirements) • Convention with 6 technical Annexes

  11. MARPOL 73/78 • Convention with 6 technical annexes

  12. MARPOL 73/78

  13. MARPOL 73/78

  14. MARPOL 73/78

  15. MARPOL 73/78

  16. Standards of MARPOL re. oil • Discharge of oil or oily mixtures forbidden, unless: • Oil content of ship machinery < 15 ppm (after proper treatment/separation) • Oil cargo residue is discharged at distance > 50nm to nearest coast • Oil/water treatment equipment on ships > 400 grt • Oil Record Book I/II • Segregated ballast tanks • Crude oil washing system • Double hull (new tankers)

  17. MARPOL and enforcement “Wherever visible traces of oil are observed on or below the surface of the water in the immediate vicinity of a vessel or its wake, Governments of Parties to the present Convention should, to the extent that they are reasonably able to do, promptly investigate the facts bearing on the issue of whether there has been a violation of the provisions of this regulation.” • Primary obligation: flagstate • Concurrent jurisdiction: port state and coast state (art. 4.2) • Flagstate enforcement thusfar rather disappointing….

  18. MARPOL enforcement challenges Detecting a violation not always easy Collecting good evidence is a hurdle Jurisdiction sometimes unclear Tactical approaches depend on State system Choice of sanction: penal, administrative, civil Choice of defendant

  19. Areas of off shore jurisduction FS CS CS PS

  20. Modus operandi of offenders • False statements • Failure to record • Failure to report • Bypassing equipment • Overruling systems • Switching off systems

  21. Surveillance and inspection • Surveillance boats and vessel tracking • Aerial surveillance • Airplanes • Visible spectrum (photographs, videos) • Radar, Infrared, ultra-violet (UV) • Satellites (optical or microwave) • On board inspections • Essential for evidence • Requires a good preparation

  22. False or true ORB entries?

  23. Bypassing pipes

  24. Flexible ‘solutions’

  25. Switch to overrule alarm

  26. More information • www.imo.org • www.interpol.int • Investigative Manual for Illegal Oil Discharges from Vessels (CD-ROM) • www.aquapol-police.com

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