The route to “conscious-shipping”

Genoa - The sinking of the oil tanker Prestige, and earlier that of the oil tanker Erika, on December 12 1999, both of which occurred along the EU’s Atlantic coast, formed the starting point for a common European policy on maritime safety. With three sets of regulations, the so-called ErikaⅠPackage and Erika II Package, approved between 2001 and 2002, and the subsequent third set, passed in December 2008, for once it was the EU to set the standards for the rest of the world. Until then the Un’s International Maritime Organization (Imo) was the customary body that predicted and directed individual member states’ decisions. This time, however grudgingly, the Imo had to react to requests from Brussels and amend its own regulations on marine pollution, the so-called Marpol, to bring them in line with the measures adopted by the Eu.

“In this field – explains Francesco Munari, Genoa University Eu law professor and co-author of the book “Transnational Environmental Protection” – Europe is at the forefront, globally. It has introduced the highest standards”. But what are the salient features of this shift? “Firstly – replies Prof. Munari – ship owners and ship “classification societies” have been made more accountable. Secondly, Port state control authorities have been given greater power. The resulting enhanced standards that require ships to dock at European ports or to be registered under the flag of a European member state have put out of business the so-called ‘substandard’ ships”. It appears, according to Prof. Munari, that the legislation introduced has worked and has been positive. Mr. Giorgio Blandina, maritime accidents expert and court consultant in, among others, Barcelona and Genoa and member of the maritime disasters commission at the Port of Genoa, reaches the same conclusion: “We have capitalized on the Erika and Prestige accidents, extracting all possible clues, leaving nothing out. Surely we can improve, but will do so only when gaining new experience as a result of eventual future accidents”.

The most controversial aspect brought about by the adoption of the European legislation has been the phasing in of the double hull for oil tankers on a fast track basis rather than the longer time frame that had previously been decided internationally. The package of measures called Erika I, besides hastening by several years the introduction of the double hull for ships entering European ports, has also made the inspection of ships by the country of arrival mandatory. Under ErikaⅡ, the European Maritime Safety Agency was instituted, mandated to give technical and scientific support to the commission and to monitor the adherence to legislation in matters of maritime safety. At one point, with the less than enthusiastic back-up of the Italian government, Genoa had submitted its candidacy as a location for the institution; in the end, however, Lisbon ended up on top. The Third Package seeks to improve measures to prevent accidents. It also contains norms on managing the post-accident phase: from setting guidelines to be followed by authorities in investigations to making it mandatory for ship companies to be not only covered against freight and personal liabilities, but also for environmental damages. New responsibilities have also been applied to ships handling passenger services.