Marine Accident - CivPro

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Nov 8, 2013 (3 years and 9 months ago)

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Ministry of Citizen
΄
s Protection

General Secretariat of Safety
Navigation

Safety of Navigation Directorate

Marine Accidents Department

An Overview in Marine Accidents
with environmental effects

«
A new era
»






Due

to

constant

increase

of

demand

for

specialized

trade

e
.
g
.

regarding

dangerous

goods

and

hazardous

materials

or

passenger

vessels

for

massive

human

lives

transportation,

relevant

vessels

were

called

to

serve

such

needs
.

However,

the

impact

of

any

given

accident

comes

up

with

significant

repercussions

either

in

terms

of

human

losses,

in

case

of

huge

passenger

vessels

or

in

terms

of

severe

damages

to

the

environment

in

case

of

pollution
.







Shipping

is

perhaps

the

most

international

of

the

world's

industries,

serving

more

than

90

per

cent

of

global

trade

by

carrying

huge

quantities

of

cargo

cost

effectively,

cleanly

and

safely
.

The

ownership

and

management

chain

surrounding

any

ship

can

embrace

many

countries

and

ships

spend

their

economic

life

moving

between

different

jurisdictions,

often

far

from

the

country

of

registry
.

There

is,

therefore,

a

need

for

international

standards

to

regulate

shipping

-

which

can

be

adopted

and

accepted

by

all
.

The

first

maritime

treaties

date

back

to

the

19
th

century
.

Later,

the

Titanic

disaster

of

1912

urged

the

first

international

safety

of

life

at

sea

-

SOLAS

-

convention,

still

the

most

important

treaty

addressing

maritime

safety
.


The

Convention

establishing

the

International

Maritime

Organization

(IMO

A

specialized

agency

of

the

United

Nations

with

169

Member

States

)

was

adopted

in

Geneva

in

1948

and

IMO

first

met

in

1959
.

IMO's

main

task

has

been

to

develop

and

maintain

a

comprehensive

regulatory

framework

for

shipping

and

its

remit

today

includes

safety,

environmental

concerns,

legal

matters,

technical

co
-
operation,

maritime

security

and

the

efficiency

of

shipping
.







The

purposes

of

the

Organization,

as

summarized

by

Article

1
(a)

of

the

Convention,

are

"to

provide

machinery

for

cooperation

among

Governments

in

the

field

of

governmental

regulation

and

practices

relating

to

technical

matters

of

all

kinds

affecting

shipping

engaged

in

international

trade
;

to

encourage

and

facilitate

the

general

adoption

of

the

highest

practicable

standards

in

matters

concerning

maritime

safety,

efficiency

of

navigation

and

prevention

and

control

of

marine

pollution

from

ships"
.

The

Organization

is

also

empowered

to

deal

with

administrative

and

legal

matters

related

to

these

purposes
.


IMO's

first

task

was

to

adopt

a

new

version

of

the

International

Convention

for

the

Safety

of

Life

at

Sea

(SOLAS),

the

most

important

of

all

treaties

dealing

with

maritime

safety
.

This

was

achieved

in

1960

and

IMO

then

turned

its

attention

to

such

matters

as

the

facilitation

of

international

maritime

traffic,

load

lines

and

the

carriage

of

dangerous

goods,

while

the

system

of

measuring

the

tonnage

of

ships

was

revised
.


Purposes tasks & initiatives of IMO


But

although

safety

was

and

remains

IMO's

most

important

responsibility,

a

new

problem

began

to

emerge

-

pollution
.

The

growth

in

the

amount

of

oil

being

transported

by

sea

and

in

the

size

of

oil

tankers

was

of

particular

concern

and

the

Torrey

Canyon

disaster

of

1967
,

in

which

120
,
000

tonnes

of

oil

was

spilled,

demonstrated

the

scale

of

the

problem
.


During

the

next

few

years

IMO

introduced

a

series

of

measures

designed

to

prevent

tanker

accidents

and

to

minimize

their

consequences
.

It

also

tackled

the

environmental

threat

caused

by

routine

operations

such

as

the

cleaning

of

oil

cargo

tanks

and

the

disposal

of

engine

room

wastes

-

in

tonnage

terms

a

bigger

quantity

than

accidental

pollution
.


The

most

important

of

all

these

measures

was

the

International

Convention

for

the

Prevention

of

Pollution

from

Ships,

1973
,

as

modified

by

the

Protocol

of

1978

relating

thereto

(MARPOL

73
/
78
)
.

It

covers

not

only

accidental

and

operational

oil

pollution

but

also

pollution

by

chemicals,

goods

in

packaged

form,

sewage,

garbage

and

air

pollution
.


Brief reference to Marine Accidents

involving Tanker Vessels & Environmental
effects



January

5
th

1993


Braer

(Liberian)


The

Braer
,

carrying

84
,
000

tons

of

Gullfaks

oil

from

Norway

to

Quebec,

lost

engine

power

and

grounded

at

Garths

Ness,

Shetland

Islands

(lat

59

41

N,

long

01

77

W)

losing

all

cargo
.

Fisheries

(shellfish,

finfish

including

farmed

salmon)

were

heavily

impacted

by

the

oil

pollution
.

Location

of

grounding

designated

as

an

“area

to

be

avoided”

(WWF
-
UK)
.



February 15
th

1996


Sea Empress (Liberian)


The tanker, carrying 140,000 tonnes North Sea crude oil on route from
Scotland to the Texaco refinery in Milford Haven ran aground at St Ann’s Head.
72,000 tonnes of oil was lost to sea impacting environmentally sensitive area
(important for its birds and marine mammals), more than 2,200 birds were
reported to have been killed in the three weeks after the incident. A voluntary
ban on working 40 miles of coastal water was imposed by the south Wales
fishing fleet. Tourism industry also impacted
.



October

26
th

1998


Pallas

Athene

(Bahamas)



The

vessel

loaded

with

a

cargo

of

timber

destined

for

Casablanca

caught

fire

in

rough

weather

in

the

North

Sea

about

60

miles

off

the

west

coast

of

Denmark

near

Esberg
.

One

death

and

one

severe

injury

resulted

from

the

incident
.

The

crew

were

evacuated
.

600

tonnes

of

heavy

fuel

and

50

cbm

of

diesel

oil

were

on

board

the

ship
.

The

vessel

drifted

before

running

aground

on

one

of

Germany’s

Friesian

Islands
.

60

tonnes

of

oil

leaked

from

the

damaged

vessel
.

Ecological

impacts

were

significant

as

bunker

oil

was

spilled

into

a

nature

reserve
.

Thousands

of

birds

died
.

Highest

figures

(International

Fund

for

Animal

Welfare)

suggested

25
,
000

sea

birds

died

with

50
,
000

birds

coated

in

oil
.

Common

and

grey

seals

were

also

threatened
.

Contamination

of

beaches

on

popular

holiday

islands
.

The

crew’s

failure

to

extinguish

the

fire

was

partly

due

to

inadequacies

on

board

the

ship
.





December 12
th

1999


Erika (Malta)


Tanker

broke

in

two

in

severe

weather

about

40

miles

to

the

south

of

Pointe

de

Penmarch

off

the

Britanny

coast

in

the

Bay

of

Biscay

(lat

47

10

N,

long

04

36

W)
.

The

vessel

was

on

loaded

passage

between

Dunkirk

and

Milazzo

with

a

cargo

of

25
,
000

tonnes

of

diesel

fuel
.

The

aft

section

of

the

vessel

holding

up

to

20
,
000

tons

of

fuel

oil

was

towed

away

from

the

coast

by

a

tug

before

sinking
.

Up

to

15
,
000

tonnes

of

fuel

oil

escaped

from

the

vessel

in

the

course

of

her

break
-
up
.

The

bow

section

previously

sank

45

miles

south

of

Finistere

Peninsula
.

The

oil

polluted

extensive

stretches

of

the

coastline
.

Initial

signs

of

ecological

(oiled

birds



13
,
000

have

so

far

been

contaminated)

and

economic

disaster

are

evident
.



November

14
th

2002

Prestige

(Bahamas)


The

M/T

Prestige

suffered

a

fracture

in

the

side

shell

on

14

November

2002

during

a

spell

of

very

severe

weather

outside

Spain
.

The

M/T

Prestige

was

a

1976

built

Pre
-
Marpol

single

hull

crude

oil

tank
.

She

was

26

years

old
.

The

Spanish

authorities

unfortunately

denied

a

safe

port

of

refuge
.


On

the

19

November

in

the

morning

the

tanker

broke

into

two

halves

and

soon

both

halves

and

77

000

tons

were

lost

polluting

the

Spanish

and

French

coasts
.



Why

do

such

tragedies

still

occur

with

such

regularity

with

ecological

and

economic

impacts,

not

to

mention

human

loss

of

life

and

injury
?


What

of

the

numerous

incidents

that

have

no

consequent

impacts,

but

potentially

could

have

escalated

into

a

major

episode?

What

lessons

can

and

are

being

learnt

from

these

incidents?


General view of causes to marine accidents


Accidents

are

often

attributed

to

human

error

(navigation

or

pilotage

error)
.

Crew

training

and

crew

skills

have

been

recognized

as

key

elements

in

improving

safety

at

sea
.

In

addition,


working

conditions

constitute

an

equally

important

factor,

particularly

as

fatigue

is

recognized

as

a

growing

cause

of

accidents

at

sea
.


There

is

a

general

correlation

between

the

age

of

vessels

and

the

accidents

that

have

occurred
.

60

of

the

77

oil

tankers

lost

between

1992

and

1999

were

more

than

20

years

old
.


The

chartering

practices

peculiar

to

the

oil

trade

also

add

to

the

complexity

of

the

situation
.



The

oil

trade

and

the

charter

market

operate

in

a

highly

competitive

atmosphere
.


Substandard

Vessels
΄

trading
.



Other

accidental

reasons
.

Human element




Two

initiatives

in

the

1990
s

are

especially

important

as

they

relate

to

the

human

element

in

shipping
.

On

1

July

1998

the

International

Safety

Management

Code

entered

into

force

and

became

applicable

to

passenger

ships,

oil

and

chemical

tankers,

bulk

carriers,

gas

carriers

and

cargo

high

speed

craft

of

500

gross

tonnage

and

above
.

It

became

applicable

to

other

cargo

ships

and

mobile

offshore

drilling

units

of

500

gross

tonnage

and

above

from

1

July

2002
.


On

1

February

1997
,

the

1995

amendments

to

the

International

Convention

on

Standards

of

Training,

Certification

and

Watchkeeping

for

Seafarers,

1978

entered

into

force
.

They

greatly

improve

seafarer

standards

and,

for

the

first

time,

give

IMO

itself

powers

to

check

Government

actions

with

Parties

required

to

submit

information

to

IMO

regarding

their

compliance

with

the

Convention
.

A

major

revision

of

the

STCW

Convention

and

Code

was

completed

in

2010
.


As

IMO

instruments

have

entered

into

force

and

been

implemented,

developments

in

technology

and/or

lessons

learned

from

accidents

have

led

to

changes

and

amendments

being

adopted
.






European Commission
΄
s Initiatives

following Erika
΄
s Disaster


The

sinking

of

the

oil

tanker

Erika

off

the

French

coast

in

December

1999

spurred

new

developments

in

the

establishment

of

Europe’s

maritime

safety

policy
.

Only

some

three

months

after

the

accident,

on

21

March

2000
,

the

Commission

adopted

a

“Communication

on

the

safety

of

the

seaborne

oil

trade”

together

with

a

number

of

proposals

for

specific

measures

to

prevent

such

accidents

happening

again
.

The

European

Council

called

for

the

speedy

adoption

of

the

first

“Erika”

package

and

urged

the

Commission

to

propose

as

soon

as

possible

a

second

set

of

measures
.




First

maritime

safety

package,

21

May

2000
,

proposals

for

adoption
:

1.
A

Directive

amending

Council

Directive

95
/
21
/EC

concerning

the

enforcement,

in

respect

of

shipping

using

Community

ports

and

sailing

in

the

waters

under

the

jurisdiction

of

the

Member

States,

of

international

standards

for

ship

safety,

pollution

prevention

and

shipboard

living

and

working

conditions

(port

State

control),

adopted

in

19
/
12
/
2001

(
2001
/
106
/EC)
.

2.
A

Directive

amending

Council

Directive

94
/
57
/EC

on

common

rules

and

standards

for

ship

inspection

and

survey

organizations

and

for

the

relevant

activities

of

maritime

administrations,

adopted

in

19
/
12
/
2001

(
2001
/
105
/EC)
.

3.
A

Regulation

on

the

accelerated

phasing
-
in

of

double

hull

or

equivalent

design

requirements

for

single

hull

oil

tankers

adopted

in

18
/
02
/
2002

(
417
/
2002
)
.


Second

maritime

safety

package,

6

December

2000
,

proposals

for

adoption
:

1.
A

Directive

for

establishing

a

Community

monitoring,

control

and

information

system

for

maritime

traffic,

adopted

in

27
/
06
/
2002

(
2002
/
59
/EC)
.

2.
A

Regulation

on

the

establishment

of

a

fund

for

the

compensation

of

oil

pollution

damage

in

European

waters

and

related

measures,

not

adopted
.

3.
A

Regulation

establishing

a

“European

Maritime

Safety

Agency”

adopted

in

27
/
06
/
2002

(
1406
/
2002
)



EMSA
΄
s main objectives &Tasks


The

Agency's

main

objective

is

to

provide

technical

and

scientific

assistance

to

the

European

Commission

and

Member

States

in

the

proper

development

and

implementation

of

EU

legislation

on

maritime

safety,

pollution

by

ships

and

security

on

board

ships
.



to

reduce

the

risk

of

maritime

accidents,

marine

pollution

from

ships

and

the

loss

of

human

lives

at

sea
.


improve

cooperation

with,

and

between,

Member

States

in

all

key

areas
.

In

addition,

the

Agency

has

operational

tasks

in

oil

pollution

preparedness,

detection

and

response
.




collaboration

with

many

industry

stakeholders

and

public

bodies,

in

close

cooperation

with

the

European

Commission
.

EMSA
΄
s Activities


Implementation activities

1.
Safety

Assessments

&

Inspections
:

Assessment

of

Classification

Societies

,

training

of

seafarers,

Maritime

Security
.

2.
Ship

Safety
:

Ship

safety

&Marine

Equipment,

Port

State

Control,

Accident

Investigation
.

3.
Environment,

Training

&

Statistics
:

Environmental

Protection,

training

&

co
-
operation,

Equasis

&

Statistics
.


Operational

Activities

1.
Pollution

preparedness

&

response

:

Vessels



Oil

recovery

Service,

Cleanseanet

Satelite

Servive
,

CTG

Marine

Pollution
.

2.
Vessel

traffic

&

reporting

services

:

Safeseanet
,

EU

LRIT

Data

centre

(to

gather

information

about

ships

and

cargo

movements

around

EU

waters
;

and,

2
)

to

monitor

the

position

of

EU

ships

worldwide),

STIRES,

THETIS
.







Legal Basis for Marine Accidents Investigation


United

Nations’

Convention

on

the

Law

of

the

Sea

(UNCLOS),

in

Article

94
,

states

that

it

is

the

responsibility

of

the

Flag

State

to

institute

an

“inquiry”

(investigation)

into

accidents

on

the

high

seas
.


Article

2

of

UNCLOS

establishes

the

right

of

Coastal

States

to

investigate

the

cause

of

any

marine

casualty

occurring

within

their

territorial

seas

(
12
miles)

which

might

pose

a

risk

to

life

or

to

the

environment,

involve

the

coastal

State’s

search

and

rescue

authorities,

or

otherwise

affect

the

coastal

State
.


Statutory obligation to investigate marine casualties is in all main
IMO/ILO Conventions. IMO Code A.849(20) as amended by A.884(21)
for the investigation of marine casualties and incidents is widely
applied as a recommendation. Additionally has been applied in two EU
Directives


1999/35/EU and 2002/59/EU.


The

new

“Code

of

International

Standards

and

Recommended

Practices

for

a

Safety

Investigation

into

a

Marine

Casualty

or

Marine

Incident

(Casualty

Investigation

Code),

to

replace

the

existing

Code

came

into

force

under

SOLAS

Chapter

XI
-
1
,

regulation

6

from

01
/
01
/
2010
.



“New era” for Marine Accidents Investigation in EU


With

the

adoption

of

the

first

two

legislative

packages

on

maritime

safety

(the

so
-
called

ERIKA

I

and

II

packages),

the

EU

delivered

a

strong

message

that

substandard

shipping

would

no

longer

be

tolerated
.

In

2005

however

it

was

clear

that

much

remained

to

be

done

and

that

one

should

not

wait

for

the

next

catastrophe

to

happen
.


The

third

maritime

safety

package

was

born

in

November

2005
,

with

the

main

objective

to

restore

the

competitiveness

of

the

sector

while

benefiting

only

those

operators

who

respect

the

safety

standards,

in

particular

by

increasing

the

pressure

on

owners

of

sub
-
standard

ships
.


More

than

three

years

later,

with

the

adoption

of

the

measures

proposed

in

the

third

maritime

safety

package,

an

important

step

has

been

achieved

both

on

the

improvement

of

the

effectiveness

of

existing

measures

to

prevent

accidents

if

the

worse

were

to

happen
.

Third Maritime Safety Package adopted 23


April 2009 by the
European Parliament and the Council



DIRECTIVE

2009
/
21

on

compliance

with

flag

State

requirements


REGULATION

(EC)

No

391
/
2009

on

common

rules

and

standards

for

ship

inspection

and

survey

organizations


DIRECTIVE

2009
/
15
/EC

on

common

rules

and

standards

for

ship

inspection

and

survey

organizations

and

for

the

relevant

activities

of

maritime

administrations



DIRECTIVE 2009/16/EC on port State control


DIRECTIVE

2009
/
17
/EC

amending

2002
/
59

establishing

a

Community

vessel

traffic

monitoring

and

information

system


REGULATION

(EC)

No

392
/
2009

on

the

liability

of

carriers

of

passengers

by

sea

in

the

event

of

accidents


DIRECTIVE 2009/20/EC on the insurance of
shipowners

for maritime
claims











DIRECTIVE

2009
/
18
/EC

establishing

the

fundamental

principles

governing

the

investigation

of

accidents

in

the

maritime

transport

sector

and

amending

Council

Directive

1999
/
35
/EC

and

Directive

2002
/
59
/EC

,

necessary

for

MS

to

implement

in

National

legislation

by

17

June

2011
.



Strengthening

the

Marine

Accidents

Investigation

Regime

in

EU

by

providing

mainly
:

1.
Establishment

of

Investigation

Entities

with

own

financial

recourses

independent

from

criminal,

administrative

or

any

other

investigations
.

No

Liability

or

Blame

to

determine
.

2.
Permanent

Personnel

and

Investigators

with

suitably

qualifications

and

experience
.

3.
Obligation

to

investigate

very

serious

and

serious

accidents,

e
.
g

loss

of

life,

total

loss

of

the

ship,

severe

pollution

to

the

environment

,

fire,

explosion

collision,

grounding,

contact,

heavy

weather

damage,

ice

damage,

hull

cracking

or

suspected

hull

defect,

resulting

in

ship

unfit

to

proceed,

pollution,

towage

or

shore

assistance
.


4.
Common

principals

for

the

investigation

analysis

and

follow
-
up

of

recommendations

for

all

Member

States
.













5.
Permanent

Cooperation

Framework

for

MS

in

terms

of

sharing

information,

installation,

facilities,

training,

adaptation

of

new

scientific

and

technical

developments

for

investigative

methods,

and

other

pertinent

fields
.

6.
Common

format

for

Accidents

Reports

and

safety

recommendations

addressed

to

involved

respective

Competent

Authorities,

shipping

industry

stakeholders,

Commission,

IMO
.

7.
“Early

Alert”

option

at

Community

Level,

at

any

stage

of

the

investigation

to

prevent

risk

of

new

casualties
.


8.
A

Powerful

Data

Base

“European

Marine

Casualty

Information

Platform



EMCIP”

for

casualties

population,

on

voluntarily

basis

at

present,

expected

full

implementation

by

MS

by

17
th

of

June

2011
.




Expected effects



The

maritime

sector

will

be

treated

in

the

same

way

as

other

means

of

transport
.

There

are

already

similar

EU

rules

on

technical

investigations

into

civil

aviation

accidents

(Directive
94
/
56
/EC)

and

rail

accidents

(Directive

2004
/
49
/EC)
.


Preventive

safety

recommendations

can

be

made

by

systematically

analyzing

the

causes

of

accidents

and

lessons

learnt
.



Cooperation

between

countries

by

having

a

single

technical

investigation

when

several

Countries

involved

will

save

resources

and

produce

quicker

and

more

tangible

results
.




EMSA Accident Review highlights 2009


The

2009

analysis

shows

that

626

vessels

were

involved

in

540

accidents

(
sinkings
,

collisions,

groundings,

fires/

explosions

and

other

significant

accidents)

in

and

around

EU

waters

during

the

year
.

This

compares

with

754

in

670

accidents

in

2008
,

762
/
715

in

2007

and

535
/
505

during

2006
.



It

can

be

seen

that,

although

2009

saw

a

significant

reduction

from

the

2008

and

2007

figures,

largely

due

to

the

global

economic

downturn,

the

number

of

vessels

involved

in

accidents

was

still

17
%

higher

than

in

2006
.


The

EMSA

sources

also

reported

that

52

seafarers

lost

their

lives

on

ships

operating

in

and

around

EU

waters

in

2009

(compared

with

82

in

both

2008

and

2007

and

76

in

2006
)
.



So,

the

total

number

of

ships

involved

in

accidents,

and

also

loss

of

life

were

substantially

down

in

comparison

to

the

market

boom

years

of

2007
/
2008
,

although

the

number

of

accidents

was

still

significantly

higher

than

in

2006
.




Also,

although

accidental

pollution

was

already

at

historically

low

levels,

2009

proved

to

be

the

lowest

since

EMSA

began

recording

comparable

data

four

years

ago
.

With

respect

to

deliberate

pollution,

the

number

of

potential

incidents

spotted

by

the

CleanSeaNet

system

was

down

significantly,

as

were

the

number

of

oil

spills

confirmed
.


However,

despite

these

reductions,

there

were

still

hundreds

of

accidents

and

oil

spills

in

and

around

EU

waters,

so

there

remains

significant

room

for

improvement
.



The

tanker

category

is

of

particular

interest,

as

an

oil

tanker

accident

can

lead

to

huge

environmental

pollution

in

comparison

to

other

ship

types,

and

chemical

and

gas

tankers

can

also

cause

significant

damage

if

they

have

a

serious

accident
.



A

total

of

67

tanker

accidents

occurred

in

EU

Waters

(down

from

76

in

2008
,

but

up

from

63

in

2007
),

it

should

be

noted

that

4
,
434

tankers

called

at

EU

ports

in

2009
,

and

that

121
,
473

port

movements

were

recorded

for

these

vessels
.



There

were

no

major

tanker

spills

in

and

around

EU

waters

until

2009
,

which

means

that

the

record

has

now

been

kept

relatively

clean

for

8

years
.



Thank you