Opinion on the proposal for a Council Regulation (EC) on the implementation of IMO Resolution A.747(18), on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers (1) (94/C 295/05)

On 18 January 1994 the Council decided to consult the Economic and Social Committee, under Article 84(2) of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Transport and Communications, which was responsible for preparing the Committee`s work on the subject, adopted its Opinion on 11 May 1994. The Rapporteur was Mr Saïtis.

At its 316th Plenary Session (meeting of 1 June 1994) the Economic and Social Committee adopted the following Opinion unanimously.

1. Introduction

1.1. The present proposal for a Regulation forms part of the Commission`s action programme, as outlined in Commission document COM(93) 66 final, advocating a common policy on safe seas, which was adopted on 24 February 1993.

1.2. The purpose of the proposed Regulation is to implement the 1991 IMO Resolution A.722(17) (now superseded by IMO Resolution A.747(18) of 4 November 1993) laying down the procedure for tonnage measurement of segregated ballast spaces in SBT oil tankers.

1.3. The 1978 amendment of the MARPOL Convention stipulates that tankers built thereafter, and existing tankers under certain circumstances, are required to have segregated ballast tanks with a total capacity sufficient to ensure safe operational conditions at sea, as defined by the Convention, when the ship is unloaded, that is about to ¼ of the ship`s overall capacity (Regulation 13/Annex 1 MARPOL).

1.4. According to IMO Resolution A.747(18) of 4 November 1993, when calculating port dues for ships of this type, the spaces constructed and reserved exclusively for carrying water ballast should be deducted from the tonnage of the ship. It is important to note that tankers of this type comply with the conditions laid down in the International Convention on Tonnage Measurements of Ships (1969) and that they will hold the International Tonnage Certificate (1969).

1.5. Although the abovementioned IMO Resolutions recommend that the tonnage corresponding to the spaces for segregated ballast tanks should be exempted from port dues, in practice these recommendations are either ignored completely, or else a small deduction is made from the total tonnage of the ship.

1.6. It is worth mentioning other resolutions and decisions advocating ways of solving this problem while at the same time promoting both safety at sea and the protection of the marine environment:

a) IMO Resolution A.388(X) 1977

b) Resolution of the International Association of Ports and Harbours (IAPH) 1991 and 1993

c) Council Decision of 8 June 1993 on the environment and transport calling for the application of IMO Resolution A.722(17) (now superseded by Resolution A.747(18) of 4 November 1993) in all Community ports to meet the objective of cleaner seas and supporting the IMO`s stance on the renewal of ships

d) ESC Opinion 1170/93 on a common policy on safe seas which expressly supported the Commission`s proposals on this matter

e) European Parliament Resolution of 27 May 1993 on the future development of Community transport policy.

2. General comments

2.1. The Committee is in favour of the proposed Council Regulation because it feels that:

2.2. It is essential that the Regulation should be universally and uniformly implemented by all Member States.

2.3. There is a need for international standards which take account of the international nature of shipping and which guarantee high safety levels on an international scale.

2.4. Implementing IMO Resolution 747(18) will have beneficial effects for the protection of the marine environment, while at the same time maintaining necessary safety levels for shipping, because SBTs do not discharge any contaminated ballast water (water mixed with residual oil) at all and do not therefore cause oil slicks to form. The Regulation also provides an incentive to remove older and badly maintained ships from service sooner, and to upgrade well maintained tankers to SBT ships so that they can continue to operate for as long as the international legislation permits.

2.5. Furthermore the use of SBT ships reduces the need for ports to provide reception facilities for dirty water ballast. In this way a small reduction in port dues can be seen as an indirect investment towards reduced expenses for reception facilities.

2.6. Apart from rectifying an ethical anomaly, charging port dues based on the actual cargo carried by the SBT tanker, and not on its total tonnage (unfairly including the segregated ballast tanks as well), will act as an incentive for shipowners to replace old-style ships with new, safer ones which are more environmentally friendly. This is a matter of the utmost importance for community policy on cleaner and safer seas.

2.7. Implementing the Regulation will ensure fair competition both between ports and, more important, between SBT and non-SBT tankers, because:

- port authorities will exempt, for the calculation of port dues, the tonnage corresponding to the segregated ballast spaces required of each tanker by the law rather than offer arbitrary deductions as some do at present; and

- all tankers will be charged port dues on the basis of the cargo carrying capacity allotted to them by the law.

2.8. Finally, the Committee feels that implementing this Regulation, along with the Directives on training for maritime occupations (CES 1159/93) and ship inspection and survey organizations (CES 1160/93), will be an important step towards increasing safety levels at sea and protecting the marine environment. Such policy contributes to the protection of the environment and is vital for the tourist industry which employs 7 % of the active population of the Community.

3. Specific comments

3.1. It is expected that EFTA countries will adhere to this regulation through the European Economic area mechanism.

3.2. The Community should also use its best endeavours to ensure that IMO Resolution A 747(17) is complied with by third countries.

Done at Brussels, 1 June 1994.

The Chairman

of the Economic and Social Committee

Susanne TIEMANN

(1) OJ No C 5, 7. 1. 1994, p. 4