Dáil Éireann debate -
Wednesday, 29 Jan 2003

Vol. 560 No. 1

Written Answers. - Marine Environment Protection.

Bernard J. Durkan

Question:

568 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has taken initiatives at EU level or otherwise to improve the law of the sea to provide greater protection for the environment through the enforcement of safety standards at sea affecting oil tankers; and if he will make a statement on the matter. [2146/03]

Bernard J. Durkan

Question:

572 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the improvements of international legislation affecting the transport of hazardous substances by sea; and if he will make a statement on the matter. [2150/03]

Minister for Communications, Marine and Natural Resources (Mr. D. Ahern)

I propose to take Questions Nos. 568 and 572 together.

Like most Irish people, I am very conscious of our island status and extensive and vulnerable coastline and am accordingly only too aware of the potential for marine and environmental damage caused by pollution from oil and other hazardous substances.

Legislation is continually under review at both EU and international level. Ireland has consistently supported measures to improve maritime safety and the protection of the marine environment.

The catastrophe of the tanker Erika, which ran aground on 12 December 1999, polluting almost 400 km. of the French coastline, triggered two packages of measures to protect the marine environment.

The first Erika package of measures comprised: a directive amending Directive 95/21 on Port State Control; a directive amending Directive 94/57 on Common Rules and Standards for Ship Inspection and Survey Organisations (Classification Societies); and a regulation on the accelerated phasing out of single hull tankers.

The amending directives on port state control and classification societies were adopted by the European Parliament and Council in December 2001 and are expected to be transposed into Irish law during the first half of this year.

Following agreement at the International Maritime Organisation, IMO, single hulls tankers are to be phased out in 2003 for vessels delivered in 1973 or earlier and in 2015 for those delivered in 1989 or later. While there are no oil tankers on the Irish register, I am very concerned about the dangers of oil spills in international waters close to our coast. Irish legislation giving effect to MARPOL, the International Convention on Marine Pollution, will have to be amended to provide for the phasing out of single hull tankers and, as of this process, I am examining the options for prohibiting the movement of these tankers in Irish waters at this time.

The secondErika package contained three proposals. The first proposal was a directive on the establishment of a Community system for the monitoring and control of vessels transporting certain dangerous or polluting goods on board ships – HAZMAT Directive. It also requires member states to provide places of refuge for ships in distress. The directive was adopted in June 2002. Member states are required to introduce statutory measures to give effect the directive by February 2004. The second proposal was a regulation concerning the creation of a fund for compensation in the case of oil pollution in Euro pean waters and the adoption of related measures. A review of the international liability and compensation regime is currently under way; liability thresholds have been increased with effect from 1 November 2003; and a protocol establishing a supplementary fund at international level is expected to be adopted in May 2003. The third proposal was a regulation setting up a European agency for maritime safety to monitor the effectiveness of EU maritime safety rules. The agency will provide technical assistance to the Commission and facilitate exchanges of good practice between member states. The first meeting of the administrative board of the agency, which includes a representative from each member state, took place on 4 December 2002.

ThePrestige incident off the coast of Spain in November 2002 has added further impetus to the drive to improve pollution prevention arrangements. The Council of EU Transport Ministers adopted a set of conclusions which committed EU member states and the Commission to undertake a number for further measures, including an accelerated phasing out of single hull oil tankers, further strengthening of port state control provisions, and earlier implementation than had previously been planned of aspects of the measures which followed the Erika incident

The Dáil has recently passed the Second Stage of the Sea Pollution (Hazardous and Noxious Substances) (Civil Liability and Compensation) Bill 2000 which will give effect in Irish law to agreed changes to the International Convention on Liability and Compensation for Damage in connection with the carriage of Hazardous and Noxious Substances by Sea (HNS Convention). The main objective of the HNS convention, which was adopted at the IMO in 1996, is to provide adequate, prompt and effective compensation for loss or damage arising in connection with the carriage of HNS on sea-going ships. The convention complements arrangements which have been in place since 1969 regarding civil liability and compensation in relation to oil pollution, and which have been the subject of regular review and updating.

Question No. 569 answered with Question No. 152.