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Esbjerg 2001 / Stade 1997/ Leeuwarden 1994 / Esbjerg 1991 /

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The  Ninth Trilateral Governmental Conference on the Protection of the Wadden Sea  Esbjerg, October 31, 2001

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Ministerial Declaration
Annex 1 Seal Management Plan (pdf file)	Annex 2  Adaptation of Delimitation Wadden Sea Area and Conservation Area
Annex 3  National, IMO and EU activities to improve safety of shipping	Annex 4  Map of the Particularly Sensitive Sea Area (PSSA) Wadden Sea
Annex 5  Statement to the 5th North Sea Conference	Annex 6 Wadden Sea Forum

ANNEX 3

Measures to Improve Safety of Shipping and Protection of the Marine Environment – Examples of IMO, EU and National Activities

I           General

To achieve a sound maritime safety policy two components have to be considered: preventing and combating maritime casualties and consequently protecting the marine environment, and supporting developments to achieve environmental friendly shipping by, e.g. reducing pollution of the air and the marine environment. The development of the above measures are supported on three levels.

a. International Maritime Organization

According to the International Law of the Sea IMO has the global mandate to adopt and amend world-wide safety and environmental standards. As a specialized agency of the United Nations system it has a global demand. The responsible committee at IMO dealing with environmental protection with regard to maritime shipping is the Marine Environment Protection Committee (MEPC). The uncontested legitimacy of IMO’s universal mandate enhances the wide acceptance of IMO instruments by flag and coastal states and is preferable for the shipping industry and the marine environment.  

b. European Union

IMO standards are legally binding on all ships flying the flag of a Member State. These standards may be implemented into EU-legislation, if considered necessary and appropriate. The EU may also enact self‑standing legislation supplementing IMO‑instruments in accordance with international law in particular with regard to ships flying the flag of the EU‑member states.

c.  States

After a number of serious ship accidents a lot has been done on all three levels, not only with regard to closing gaps in maritime safety, but also concerning the introduction and further development of new safety systems and improvements to prevent pollution.

II    Activities Within the framework of the IMO

1.        At the 40^th session of MEPC in September 1997, it was adopted to define the North Sea and its coastal waters west of Great Britain and Ireland (North West European Waters) as a special area under MARPOL Annex I (Regulations for the Prevention of Pollution by Oil). This was implemented on a national level and entered into force in Denmark 1999, in Germany 1999 and will enter into force in the Netherlands by November 2001.

2.    The North Sea has also been defined as a special area under MARPOL Annex V. (Regulations for the Prevention of Pollution by Garbage from Ships). Annex V entered already into force in all States concerned.

3.        Resolution MEPC 78(43) amending Annexes I and II to MARPOL 73/78 (including more stringent design regulations for oil tankers, requiring shipboard oil pollution emergency plans and shipboard marine pollution emergency plans for noxious liquid substances) was implemented in Denmark by technical regulations issued by the Maritime Authorities, in Germany in 2001 and in the Netherlands in November 2001.

4.        Since 1 July 1998, the International Safety Management (ISM) Code is compulsory for passenger ships, tankers and bulk carriers world-wide and from 1 July 2002 ISM will be applicable to all other ships over 500 gross tonnage. ISM is mandatory for ship owners and masters, and prescribes that ship owners must maintain a shore-based safety management system aiming to ensure that safe vessels and well-trained crews are employed, and that the master must maintain an on-board management system to guarantee a safe operation of the ship. ISM is implemented on  all relevant Danish, German and Dutch ships.

5.    The revised chapter V "Safety of Navigation" of the International Convention for the Safety of Life at Sea (SOLAS), which was adopted by IMO’s Maritime Safety Committee (MSC) at its 73^rd session  (2000) and which enters into force on 1 July 2002, requires all passenger and cargo ships to be equipped with an automatic identification system (AIS) and a voyage data recorder, following a specific phasing-in schedule. This obligation enters into force on 1 July 2002 for new ships, and by 1 July 2008 it will cover all existing ships. It will apply to tankers not later than the first survey for safety equipment on or after 1 July 2003. Passenger ships, ships other than passenger ships of 3,000 gross tonnage and upwards constructed on or after 1 July 2002  will have to carry voyage data recorders (VDR). For existing passenger ships the VDR will be phased in between 1 July 2002 and 1 January 2004.    

6.    Denmark, Germany and the Netherlands support an increase of the maximum compensation amounts within the existing international system, i.e. according to the International Oil Pollution Compensation Fund 1992 (IOPC Fund). The maximum amount payable by the 1992 Fund for any one incident was raised to 203 million Special Drawing Rights (SDR) as defined by the International Monetary Fund. Denmark, Germany and the Netherlands further support a supplementary oil pollution fund to ensure compensation for victims where these limits are exceeded.

 7.  In March 2001, the International Convention on Civil Liability for Bunker Oil Pollution Damage was adopted by IMO with the aim to improve compensation for damage by oil pollution from ship’s bunkers, and has yet to meet the conditions for entry into force. This Convention governs liability and compensation for pollution from bunker oil (implementing a recommendation by the German Pallas Commission of Experts). Main elements are:

-   ship owner's strict liability, regardless of negligence or default, for pollution damage caused by bunker oil, and

-   compulsory insurance, which must be demonstrated by an international insurance certificate.

8.    In April 2001, MEPC 46 approved to accelerate the phasing-out of single hull oil tankers (enters into force in September 2002):

-   phase-out begins 2003;

-   last single hull oil tanker of 5,000 tons deadweight and above but less than the tonnage specified for Category 1 and 2 tankers will be phased out by 2015 and hence will not be allowed to enter ports of EU member states;

-   A Condition Assessment Scheme (CAS) will have to be applied to all Category 1 vessels continuing to trade after 2005 and all Category 2 vessels after 2010 in order to ensure permanent good maintenance.

9.    0n 5 October 2001, IMO adopted a Convention of Harmful Anti-fouling Systems, outlawing TBT and other organotin compounds in marine anti-foulants. A ban on application of paints containing organotins is applicable as of 2003, with a total ban as of 2008. The convention will enter into force one year after 25 states with not less than 25% of world merchant gross-tonnage have ratified it. 

10.   Annex VI to MARPOL (Regulations for the Prevention of Air Pollution from Ships) was adopted in 1997. At MEPC 44 (6-13 March 2000) the Committee approved a proposed amendment to regulation 14 (3) (a) of Annex VI to MARPOL 73/78 to include the North Sea as a SO_x Emission Control Area. It will take effect after the entry into force of the 1997 Protocol to MARPOL 73/78. Denmark, Germany and the Netherlands are in the process of preparing ratification of Annex VI. 

11.   The objectives of the International Convention on Oil Pollution Preparedness, Response and Cooperation (OPRC) (1990) is to strengthen the legal framework of the control of environmental pollution by oil, in general, and marine pollution by oil in particular, by providing a basis for preparedness, and for a response-capability, to deal with incidents of oil pollution in the marine environment. The convention was ratified by Denmark (1996), Germany (1994) and the Netherlands (1994). In March 2000, a Diplomatic Conference, chaired by Germany, adopted a Protocol to the OPRC Convention, which extends the Convention to hazardous and noxious substances (HNS). This OPRC-HNS Protocol establishes a framework for international co-operation in such incidents.

 

III   Activities Within the framework of the EU

The European Union has already issued numerous Directives to improve maritime safety and protection of the marine environment, this includes e.g. directives on Port State Control, minimum requirements for training of seafarers, marine equipment, notification obligations, and on the management of ship generated waste and cargo residues. These are continually being updated and implemented into national legislation as quickly as possible.

For example:

Implementation of the EU Directive 93/75/EEC, which requires the master and operator of vessels carrying dangerous or polluting goods to report cargo details entering or leaving EC ports. This directive has been implemented in Danish, German and Dutch legislation.

The EU Commission has proposed that the Council Directive 93/75 on minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods should be extended and i.a. include bunker fuels. Furthermore, the EU examines the possibility of equipping all ships with Voyage Data Recorders, so-called “black boxes”, where possible, and identification equipment.

The EU Directive 2000/59/EEC on port reception facilities for ship-generated waste and cargo residues, which entered into force in 2000, should be implemented by the concerned states by the end of 2002. It is the aim of the Directive to reduce the discharges of ship-generated waste and cargo residue into the sea, especially discharges, from ships using ports in the Community, by improving the availability and use of port reception facilities for ship-generated waste and cargo residues.

Due to the Erika incident, two other packages of measures are in the legislative procedure. Package 'Erika I' contains the following elements:

-     Further development of Port State Control;

-     strengthening of provisions for and the control of Classification Societies;

-     initiative for early phasing out of single hull tankers, mentioned in paragraph 8 above and being implemented in the EU by a regulation.

The proposals concerning package 'Erika II', passed on to the Council on 8 December 2000, consist of the following elements:

-    setting up a common monitoring and information system for maritime traffic, which will in due course  replace EU-directive 93/75/EEC;

-     setting up an additional compensation fund for damage by oil pollution in European waters;

-     implementation of the  European Maritime Safety Agency (EMSA).

 

IV  Activities Within the framework of the NATIONAL LEVELS

Bi-/Trilateral activities

On the bi-/trilateral level, the common activities are improved and optimized and neighboring countries are improving mutual support.

Germany and the Netherlands are working together in monitoring and improving the traffic law (Verkehrsrecht) in the area of the Ems estuaries.

On proposal of Germany and the Netherlands IMO has approved mandatory routeing schemes western and northern of the Frisian Wadden Sea islands:

-      Deep Water Route and Traffic Separation Scheme (TSS) from North Hinder to the German Bight via the Frisian Junction;

-      Coastal Route and TSS off Texel, Vlieland, Terschelling and which joins the Deep Water Route &TSS at the Jade Approach TSS.

The Deep Water Route is mandatory for the following classes of ship:

-      Tankers of 10,000 GT + carrying oils as defined under Annex I of MARPOL 73/78;

-      Ships of 5,000 GT + carrying noxious liquid substances in bulk categories A or B of Annex II of MARPOL 73/78;

-      Ships of 10,000 GT + carrying noxious liquid substances in bulk categories C or D of Annex II of MARPOL 73/78;

-      Ships of 10,000 GT + carrying liquefied gases in bulk.

 A German-Netherlands’ Memorandum of Understanding on mutual support in the field of emergency-towing capacity was signed in 2000.

Denmark, Germany and the Netherlands are signatories to the Bonn Agreement, which serve as a basis for cooperation in surveillance for pollution and combating pollution of the North Sea by oil and other harmful substances (other countries are Belgium, France, United Kingdom, Norway and Sweden). They are working together in developing a Joint Maritime Contingency Plan on Combating oil and other harmful substances.

Bilateral arrangements also apply between the Netherlands and Germany (NETHGER) and between Denmark and Germany (DENGER).

The three countries are developing plans to setting up a coast-wide radio network with AIS on-shore receiving stations and appropriate AIS infrastructure.

Priority in the establishment of electronic nautical charts of the Danish, Dutch and German coast and acceptance of ECDIS (Electronic Chart Display and Information System) as a substitute for paper charts.

Denmark

In Denmark, the following measures to increase maritime safety and the protection of marine pollution have been adopted or further developed:

1.    Establishment of an Exclusive Economic Zone (EEZ).

2.    Extending the Danish territorial sea to 12 nautical miles.  

3.    Ministerial order on transfer of bunkers in the Danish territorial sea.

4.    The Directive 93/75/EEC of 1993 for vessels carrying dangerous or pollution goods as bulk or in package form has been  implemented by Statutory Order 258 of 1999. All ship owners, agents and the captain of the ship must report to the Admiralty and the information obligation encompasses all vessels departing from or with destination to an EU harbor.

5.      The maritime surveillance and enforcement has been transferred to the Ministry of Defence as of 2000. This includes the air surveillance, oil spill combat and collection of evidence with regard to court cases and action for damage in terms of oil pollution. The air surveillance includes 500 h of flights in the North Sea and the Baltic area.

6.      Implementation of EU Directive 2000/59 on shore reception facilities.

7.      Further intensification of the Port State Control over the next few years.

8.      A ministerial order was adopted in order to impose administrative fines on ships which violate the discharge criteria in Danish waters. The fine is in the range from DKK 15,000 to  DKK 100,000 or more depending on the actual illegal discharge.

9.      Denmark is in a process of ratifying the MARPOL Annex VI in the course of 2002.

Germany

Germany expressly supports the rapid implementation of the measures of the package ‘Erica I’ – as it was accepted by all the Member States in the Transport Council in December 2000.

In principle, the German government also supports the aims of the Commission for the second package of measures. Regarding the guidelines of the common monitoring and information system there is agreement within the European Community. The extension of the liability for damage by oil pollution is planned as a common initiative towards the IOPC fond. 

In Germany's coastal area the following measures to increase traffic safety and protection against marine pollution are adopted or further developed:

1.      Change to the routeing in the German Bight by improving the crossing in the traffic separation scheme off Wilhelmshaven.

2.      Enacting the Ordinance on Conditions for seawards of the area of validity of the Shipping Lanes Order, which will prescribe notification obligations, obligation to accept pilots and observing the routes as conditions for calling at port. The staff will be trained according to international standards

3.      Priority in the establishment of electronic nautical charts of the German coast and acceptance of ECDIS (Electronic Chart Display and Information System) as a substitute for paper charts.

4.      Introduction of a maritime traffic safety system with traffic centers at the major shipping lanes which provide shipping with traffic information, and traffic support and monitor traffic. Where necessary, the maritime police regulate traffic from these centers.

5.      Strengthening penal provisions with tougher fines of up to 50 000 DM in the case of illegal pipe systems existing to and from the oil sludge tank, to prevent illegal discharge of oil residues into the sea. In 2000, the Federal Maritime and Hydrographic Agency (Bundesamt für Seeschifffahrt und Hydrographie) imposed 53 administrative fines for this type of violation.

6.    Agreement with private companies on keeping helicopter capacity in reserve to permit action to be taken swiftly in the case of emergencies and accidents at sea.

In addition the following are currently being developed:

7.      Further development of the sea pilot system. For example, the introduction of compulsory tests is planned for masters permitted to sail without pilots.

8.      Establishing an "Emergency command" to ensure uniform management in cases of complex maritime damage.

9.      A  new concept for maintaining and equipping a reserve of emergency tugs in the North and Baltic Seas is developed.

10.   Further intensification of the Port State Control over the next few years.

Work is constantly going on to improve all these instruments. The aim is always to achieve a balanced solution, which achieves environmental protection to the greatest possible extent, while also taking into account the legitimate interests of shipping, trade and industry and ports.

The Netherlands

The Netherlands supports the rapid implementation of the measures of the package ‘Erica I’ – as it was accepted by all the Member States in the Transport Council in December 2000.

In principle, the Netherlands has a positive attitude with respect to the Commission proposals for the second package of measures. The Netherlands further supports ongoing developments within the framework of the IMO in order to improve existing instruments aimed at the reduction and combating of pollution by ships and effective enforcement of these instruments. These measures are considered contributory but not limited to the increased protection of the Wadden Sea area.

In the Netherlands, among others, the following measures to increase traffic safety and protection against marine pollution have been adopted, are being further developed or are considered desirable:

1.  Implementation of EU Directive 2000/59 on shore reception facilities.

2.  In the Netherlands harbour pilotage is compulsory for ships over 60 m in length and for all vessels carrying oil, gas or chemicals. Voluntary deep-sea pilotage is available for ships required to use the North Hinder - German Bight mandatory route for tankers.

3. Vessel Traffic Services for the Dutch part of the Wadden Sea area are provided.

     A Central Reporting Station has the responsibility for coordinating the relevant maritime authorities with regard to all incidents within the Wadden Sea area, in close cooperation with the national Coast Guard Centre in Ijmuiden.

4.     A considerable expansion of human resources, available from the Port State Control inspections, is being undertaken for realization within the next three years, in order to fulfil the requirements of the amended PSC directive as part of the Erika -I package. 

     Further intensification of the Port State Control over the next few years.

5.      The Netherlands intends to ratify MARPOL Annex VI and the AFS-Convention (anti-foulings / organotins) in the course of 2002.

6.      The Netherlands intends to implement the amendments to MARPOL Annex I, regulation 13G on the accelerated phasing out of single hull tankers, in the course of 2002.