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Oil Tanker Anchorage Threat: EU Share League Concerns

The European Commission has indicated it shares the concern of the Celtic League about the environmental hazard posed by the storage of oil in tankers at coastal anchorages. The League had

Par Cathal Ó Luain pour Celtic League le 16/11/09 0:31

The European Commission has indicated it shares the concern of the Celtic League about the environmental hazard posed by the storage of oil in tankers at coastal anchorages.

The League had raised the concern when it was revealed earlier this year that fully laden oil tankers were lying-up at off-shore anchorages because of fluctuations in crude oil prices.

In one instance up to a dozen such vessels were anchored off the South-West of Britain.

The Commission has also highlighted the problem posed by older single hulled tankers and the fact that whilst lying off-shore they are not subject to the port safety inspections introduced after the PRESTIGE and ERIKA pollution catastrophes.

See below:

"EUROPEAN COMMISSION Directorate-General for Energy and Transport Brussels

10 Nov 2009

Dear Mr Tal-e-bot,

I would like to thank you for your letter of 27 April 2009 to Commissioner Borg concerning the pollution threat of oil tankers at anchorage. As this matter falls under the responsibility of DGTREN, your letter was passed to my unit for reply. Let me also take this opportunity to apologise for the unacceptable delay in replying to you.

The Commission is fully aware of the risks to safety and the environment linked to vessels carrying dangerous or polluting goods in anchorage areas oft the coasts of Member States. Whether due to vessels in poor condition, to bad weather or to ship-to-ship transfer operations, the threat of an accidental pollution in such areas may he significant.

In the framework of the third maritime safety package which was adopted in May 2009, the negotiation between the Commission, the EU Member States and the European Parliament enabled all actors involved, including the UK government, to discuss and finally agree on the appropriate measures aiming at improving the prevention and emergency handling in relation with ships at anchorage.

The surveillance of maritime traffic in European waters has significantly improved in recent years through the development of Community-based monitoring information systems such as SafeSeaNet which enable data exchange between Member States on ships movements and polluting cargoes, as well as through the setting-up of an EU Long Range Identification and tracking system Data Centre for the long-distance monitoring of ships. Both systems are being operated by the European Maritime Safety Agency (EMSA).

Ships at anchor may pose a risk due to their substandard condition. As shown by the examples of the Erika and the Prestige accidents, ships in dubious conditions may tend to avoid calling at EU ports in order to avoid a possible detention. The issue of ships calling at anchorages has been subject to special attention in the framework of the recast of the port State control Directive. Such ships, when carrying out a ship-port interface, will be subject to port state control inspections in accordance with the Directive and if appropriate, be further detained or refused access to EU ports and anchorages.

Single-hull oil tankers arc more vulnerable to accidents. The adoption after the Erika and the Prestige accidents of specific measures have led to the exclusion of such ships from EU ports, which may however still call at anchorages. Although this cannot legally he prevented, it should he stressed that such occurrences are becoming more and more unlikely to happen, due to the progressive phasing-out of single-hull oil tankers. Besides, the movements of such ships are closely monitored by EMSA, which maintains a list of such vessels and their movements at the disposal of member states' competent authorities.

The risk of pollution linked to ship-to-ship transfer operations is particularly important in case of had weather conditions. In the aftermath of the Erika, Directive 2002/59/EC included provisions aiming at reducing the risk of accidents in such circumstances. In particular, Member States are required to take appropriate measures to limit as much as possible or, if necessary, prohibit the hunkering of' ships in their territorial waters in the event of exceptionally bad weather or sea conditions.

With regard to your question relative to the storage of large amount of oil in certain maritime areas, I fully agree with you that the proximity of an environmentally protected area has to be taken into account. In case of an accident in an anchorage area, it is crucial that a rapid and independent decision concerning the accommodation of ships can he taken. In the framework of the third maritime safety package, Member States are required to designate authorities having the power to take independent decisions concerning the accommodation of ships on the basis of the emergency plan for places of refuge. When carrying out their assessment of the situation, those authorities should in particular take into consideration environmental aspects.

Finally, in case of pollution, the precise knowledge of the characteristics of the oil on board is also crucial for the choice and the success of combating operations. Directive 2002/59/EC as amended requires that the master or operator is provided with the Marpol safety data sheet detailing the physico-chemical characteristics of the products, including, where applicable, their viscosity and their density. This information shall he communicated to the competent authorities in case of emergency.

With the third maritime safety package, a coherent legislative framework is now in place which will contribute to enhancing maritime safety, pollution prevention and dealing with catastrophes. The ongoing development of an integrated maritime policy will bring further synergies into this process, in particular through an improved sharing of maritime surveillance information. The Commission will of course continue, with the assistance of EMSA, to promote cooperation on maritime safety issues between Member States as well as to ensure that EU maritime safety legislation is properly implemented.

Yours sincerely,

Simon Mordue Head of Unit"

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