Press Release
ESC Calls For Reform Of Liability System In Relation To Maritime Oil Pollution
27 February 2001
The European Shippers' Council has called for new European legislation which would introduce financial liability in the case of maritime pollution - similar to OPA 90 legislation which operates in the US.
Responding to a second set of Community measures on maritime safety following the sinking of the oil tanker Erika, ESC has expressed its concern that the proposed introduction of a European third tier fund (COPE), entirely financed by oil receivers will fail in preventing future serious maritime incidents and will continue to allow shipowners to operate substandard vessels in European waters.
Commenting on the paper, Chris Welsh, Secretary General of the ESC said: 'The current Commissions proposals perpetuate the faults of the present international conventions, and worse, widens the inequity of the existing arrangements which the Commission has rightly identified as being inadequate and in need of reform.
'The US practice has been extremely beneficial in promoting the adoption of much higher loss prevention standards and in reducing the amount of oil pollution from ships and the damage suffered thereby. The Commission would have better served maritime safety by following the example of the US and proposed European legislation comprising of both financial liability and a compensation system in the case of maritime pollution in European waters.'
ESC has recommended that the European Commission adopt a US style approach, forbidding vessels access to European ports unless they can demonstrate that they have cover corresponding to the environmental risks posed by the cargoes they carry. The Commission should enforce these arrangements by introducing at the European level financial fitness conditions through a Certificate of Financial Responsibility imposed on charterers and shipowners before they can operate in EU waters.
ESC recommends that compensation for major accidents on top of the existing CLC/IOPC funds be provided on an equal basis by direct contributions provided by both individual shipowners and individual charterers at the European level in a case where the parties are not declared at fault. At this third level the strict liability of the parties would provide a major incentive towards enhancing quality shipping.
ESC has been closely following the Commission initiatives following the Erika incident and in this respect has given its firm support to the first Erika package. While critical of the Commission's liability proposals, ESC broadly welcomes the proposals on reporting and monitoring of ships in EU waters and the creation of a European Maritime Agency.
For further information contact: Nicolette van der Jagt, Secretary General of the ESC - Brussels 00 322 230 2113
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