The e Pre restige stige Disaster ter and d the the Role of - - PowerPoint PPT Presentation

The e Pre restige stige Disaster ter and d the the Role of Classificati ification

• n

Societies ieties

International ternational Tribunal al for the Law of the Sea, 4 M March h 2006

Lu Luis Figa gared edo

PREST ESTIGE

ABS CLASS SOCIETY TY SHIP BUILDE DER Hitach chi i Shipbuild ldin ing & Engineering Co. MANA NAGERS RS Universe se Maritime ime TRUST COLOUTH UTHRO ROS FAMI MILY SHIP REPAIR R YARD D Cosco-Guanzho zhou Shipyar yard CHARTE RTERE RERS RS Crown wn Resource ces SALVORS RS

POLLU LUTION TION DAMAG AGES ES

SPANISH AUTHORI RITI TIES ORDER R TO SEND D THE VESSEL OUT CONTRO ROL OVER R TRAFFI FFIC C SEPARA RATO TOR MASTE TER Mangouras CYPRUS RUS Mast ster Certifica cate INSURA URANCE NCE H&M P&I London P&I OWNE NERS RS Mare Shippin ing FLAG STATE TE Bahama mas ALFA FA GROUP SASEMAR TUGS

Com

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pani nies es Net etwor

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ABS (Class ass Soci ciet ety) y) Hitac achi hi Shipb pbui uildi ding ng & Engi nginee neeri ring ng Co. (Shi hip p Bui uilder der) Mare e Shippi pping g (Owners) ers) Crow

• wn

n Resour

• urces

es (Char hartere erers rs) Universe erse Maritime me (Manage nagers rs) Flat at State Cos

• sco
• Shipy

pyard ard (R (Repai epairs rs) Smit Salvage age (Sal alvors

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Spani panish Authori horities es P & I

Diffe fere rent nt na nation

• nal

alitie ities s inv nvol

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ELEMEN EMENTS TS OF NEGLIGEN ENCE NEGLI LIGEN ENCE: : The failur lure to exercise rcise the standa dard rd of care e that a prude dent nt perso son would uld have e exercised rcised in a similar ilar situa uatio ion ELEMEN MENTS TS OF NEGLI LIGEN ENT T MISREPR EPRESE ESENTATI ATION

Neg eglige genc nce e an and d Neg eglige gent nt Misrepre eprese sentat ntation ion

• 1. DUTY OF CARE BASED

“SPECIAL RELATIONSHIP” BETWEEN REPRESENTOR AND REPRESENTEE

• 2. REPRESENTATION MUST BE

UNTRUE, INACCURATE OR MISLEADING

• 3. REPRESENTOR MUST HAVE

ACT NEGLIGENTLY

• 4. REPRESENTEE MUST HAVE

RELIED (IN A REASONABLE MANNER) ON THE NEGLIGENT REPRESENTATION

• 5. THE RELIANCE MUST HAVE

BEEN DETRIMENTAL TO THE REPRESENTEE AND DAMAGES SHALL RESULT

• 1. DUTY

Y OF CARE EXISTEN ENCE E BETWEEN EN THE PARTIES IES

• 2. BREACH OF THE DUTY OF

CARE

• 3. DAMAGES

ES RESULTIN ING FROM THAT DUTY

Communicate

• to transmit information to someone
• social relation
• message
• transmit

Authenticate

• validate the authenticity of something
• communicate
• proof

Validate

• the cognitive process of establishing a

valid proof Proof

• testing the truth of something
• certify
• communicate
• evidence

Inform

• implies imparting of knowledge

especially of facts

• communicate knowledge to

someone Evidence

• stands as proof
• communicate
• inform
• testify
• proof
• authenticate

Registration

• official record of events
• communication
• certification
• inform

A certification provides an information to the market, as a proof or evidence that the data contained therein are accurate “The purpose of the ship classification is to assure that the vessel is safe and fit for its intended use” Does the market (i.e. third parties rely on this information? Certify

• provide evidence for guarantee as meeting certain standards
• guarantee, secure, warrant, authenticate, testify
• communicate

Erika ka Pac ackag ages es

EXIST STING MEASU SURES ES

Directive 95/21/EC on Port State control Council Directive 94/57/EC on ship inspection International Marpol Convention for the Preventionof Pollution from Ships adopted in 1973 Directive 2000/59/EC on port reception facilities for ship-generated waste and cargo residues

ERIKA KA I

Directive 2001/105/EC on stricter supervision of the activities of classification societies by the Commission Regulation No 417/2002 on the accelerated phasing-in of double hull (or equivalent) for single oil tankers Directive 2001/106/EC amending Directive 95/21/EC on Port State control Communication of 21 March 2000 on the safety of the seaborne oil trade

ERIKA KA II

Regulation No 1406/2002 establishing a European Maritime Safety Agency Proposal for a regulation on the establishment of a fund for the compensation of oil pollution damage in European waters Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system and the problem of places of refuge Communication of 6 December 2000 on a 2nd set of Community measures on maritime safety Proposal of Directive amending Directive 2001/106/EC on Port State control Proposal of Directive amending Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system and the problem of places of refuge

ERIKA KA III

Communication of 23 November 2005 on a 3rd set of Community measures on maritime safety Direct ctive ve 2001/25/EC EC on training seafa farers Directive 2002/59/EC EC also combats discharges of oil waste te and flushing of ballast tanks

ADDITIONAL L MEASU SURES ES

PREST ESTIGE MEASU SURES ES

Prest estige ge Mea easur ures es

Communication of 3 December 2002 on the strength thening of the mariti time secu curity ty afte ter the casualty ty of the vesse sel Prestig tige Implementatio tion of the Erika Packages Stricte ter timeta table for the phasing out t of single-hull vessels and the prohibitio tion of the carriage of heavy fuel oil in single- hull vessels Intr troducing criminal penaltie ties at community ty level for marine pollutio tion caused by ships Monitoring of seafarer’s level of training Wish of the UE to increase its influence with thin the IMO Proposal for a Directive on ship- source pollution and on the introduction of sanctions for pollution

• ffences (5 March 2003)

Early setting up of the European Maritime Safety Agency Directive 2003/103/EC makes English the language of communication

• f the crew

Speeding up of preparation of plans for the reception of vessels in places

• f refuge

New concrete te initia tiative tives Regulation Nº 2099/2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships

SPAN ANISH SH MEASURES

Spanish Proposal of a decision for start administrative proceedings revoking the authorization given to ABS as an EU recognized Classification Society Spanish Proposal that the Galician coast to be declared internationally as Particularly Sensitive Sea Area Administrative proceedings to investigate the competence and license

• f the Master of the

M/T Prestige Royal Decree 210/2004 implementing Directive 2002/59/EC Administrative proceedings against the ship owner and the owners of the cargo/charters for the extraction of the oil from the shipwreck Publication of black list of ships on 3 December 2002 by the IMO Increase of the IOPC (International Oil Pollution Compensation)