ITOPF INTERNATIONAL SEMINARITOPF INTERNATIONAL SEMINAR

SPILL PREPAREDNESS, RESPONSE AND SPILL PREPAREDNESS, RESPONSE AND COMPENSATIONCOMPENSATION

Madrid, 2 December 2004Madrid, 2 December 2004

Peter M. SwiftPeter M. Swift

Have we learnt the lessons from PRESTIGE ?

Should this ship have been allowed to break up ?

Was this well coordinated and the best course of action ?

Towing route of ”the Prestige”

Should this man have been detained for more than two years without trial ?

The principal lessons

Industry’s performance is falling short of Society’s expectations

Society’s tolerance for such accidents is effectively zero

Other lessons

Preparedness

Response

Lack of understanding and trust

- inadequate dialogue

The immediate aftermath

Newsworthy accident invites comments from ALL interested parties

Respondents and commentators have their own agendas

Understanding the agenda

Significance of event to local interests routinely underestimated

Industry facts are of limited interest to most

Public and politicians expect ”action” quickly

Scapegoats may be necessary to deflect culpability from others

Media need a good story

Many parties hope to capitalise on the opportunies

Industry is often overcautious – public may doubt the value of investigations, etc.

Seeking solutions- Everyone has the answer !

Politicians and legislators propose political and legislative solutions

Industry offers technical, operational and procedural solutions

Politicians and public want quick fixes

Industry takes longer term view and cautions against hasty, ill-considered solutions

Seeking solutionsTechnical versus Political

Industry advocates heavy fuel oil in only double hulls Politicians demand accelerated single hull phase-out and extra

surveys

Industry advocates new measures at global level Politicians demand regional and local legislation

Industry pushes for Places of Refuge Politicians demand information on ’dangerous’ ships and cargoes

Industry refers to UNCLOS, MARPOL and SOLAS Politicians challenge UNCLOS and MARPOL, and support PSSAs

Industry pushes for Reception facilities Politicians support interceptions and tanker tracking

INTERCEPTION ON THE HIGH SEASThe “political” solution

Seeking solutionsTechnical versus Political

Was industry ”listening” ?

Do the public and politicians care what industry says or thinks ?

Or only in what they do or do not do ?

As time goes by…The cold light of day

Two years after the accident :

Legal cases pending Still much speculation Flag State Accident Investigation

Report published

Accident Investigation

Accident Investigations

Accident investigations and reports leave much to be desired

Industry generally has very poor feedback mechanisms

Many impediments to information sharing

More can be learnt from more minor incidents and near-misses

Confidential incident reporting (and subsequent analysis) requires more support

As time goes by…The cold light of day

Two years after the accident:

Action still needed on Places of Refuge Still more ”sticks” than ”carrots” Continuing push on ”criminalisation” Continuing push to increase financial liability New European safety package in the pipeline HNS and Bunker Conventions still awaiting sufficient

ratifications CLC and Fund Convention still challenged despite recent

revisions Revisions being sought to UNCLOS and possibly MARPOL

As time goes by…The cold light of day

Two years after the accident :

Some advances in preparedness – ITOPF, EU/EMSA et al Some advances in response planning – owners, cargo

interests but lacks real co-ordination

Spotlight on :

Flag state competence and IMO audits More effective Port State Control targeting Classification societies International Group of P&I Clubs ”Image” of shipping industry

Have we learnt the lessons ?

Hopefully YES

Have we learnt the lessons ?Conclusions

Industry’s deliverables:

More transparency Greater understanding and trust of public

and their representatives Better Preparedness Better Response planning Input to more effective regulation Commitment to continuous improvement

Place of RefugePlace of Refuge

Would this have helped ?Would this have helped ?

Have we learnt the lessons ?Conclusions

Individually we can do much.

Together we can do even more.

Muchas graciasThank you

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