Please find enclosed Council Directive 2009/13 implementing the ECSA/ETF Social Partners Agreement on the MLC as published in the Official Journal on 20th May.

 OFFICIAL JOURNAL

UNFCCC NEGOTIATION TEXT

Members will be interested to note that UNFCCC published negotiation text related to international shipping in the lead up to COP 15 in Copenhagen (see extract below).  It will be noted that the text aligns well with assumptions proposed to the Executive Committee, in a presentation made by the ICS secretariat, on Monday 18 May.    

 The text (extracted from FCCC/AWGLCA/2009/8 of 19 May 2009) is the negotiating text offered as a starting point for the next round of discussion in the UNFCCC Ad Hoc Working Group on Long-term Cooperative Action.  In respect of international shipping, it must be anticipated that one of the three options offered will be incorporated into the expected Copenhagen agreement.  In determining which of the three options could be chosen, clearly much depends on the degree to which IMO can demonstrate control of the issue in the negotiation meetings leading up to Copenhagen.  As noted at the ICS AGM, it is important for national associations to assure their Administration of their confidence that IMO can deliver GHG reduction instruments and the support of the industry for this way forward.  ICS will continue to support the role of IMO at the various UNFCCC meetings and to brief on the unfolding ICS position.   

QUOTE

International bunker fuels

135. All sectors of the economy should contribute to limiting emissions, including international maritime shipping and aviation. Sectoral approaches could address emissions that cannot be attributed to any particular economy, and multilateral collaborative action would be the most appropriate means to address emissions from international aviation and the maritime transport sector.

136. Option 1

The International Maritime Organization shall be encouraged to continue without delay its activities for the development of policies and measures to reduce GHG emissions, and specifically: 

(a) To achieve, through the use of its policies and mechanisms, total GHG emission reductions which are at least as ambitious as the total GHG emission reductions under the

Convention;

(b) To report regularly to the COP {and its subsidiary bodies as appropriate} on relevant activities, emission estimates and achievements in this respect;

(c) To report to the COP {at its seventeenth session} on policies, established measures, measures under development, and expected emission reductions resulting from these measures.

137. Option 2

Parties shall take the necessary action to reduce emissions of GHGs not controlled by the Montreal Protocol from aviation and marine bunker fuels. Global reduction targets for such emissions from aviation and marine bunker fuels shall be set as equal to, respectively, {X per cent} and {Y per cent} below {year XXXX} levels in the commitment period {20XX to 20XX}. Units from existing and potential new flexibility mechanisms may contribute towards achieving these targets.

Parties shall work through the International Civil Aviation Organization and the International Maritime Organization to enable effective international agreements to achieve these targets to be approved by 2011. Such agreements should not lead to competitive distortions or carbon leakage. Parties shall assess progress in the implementation of this work, and take action to advance it, as appropriate.

138. Option 3

{Parties}{Annex I Parties} shall pursue limitation or reduction of emissions of GHGs not controlled by the Montreal Protocol from aviation and marine bunker fuels, working through the International Civil Aviation Organization and the International Maritime Organization, respectively.

Attached please find the press release following the ICS/ISF Annual Meetings in London.

 ICS&ISF(09)38 Annex PRESS RELEASE- ICS AND ISF SHIPOWNERS MEET IN LONDON

  Europe is in a deep recession. Adverse feedback between the financial and real sectors and across borders is likely to delay the recovery and create downside risks. Unprecedented policies have been undertaken to address the crisis-but are they likely to be successful and sufficiently coordinated for a tightly integrated region? To restore trust and confidence in financial markets, additional and forceful action will be essential. Maintaining fiscal support should help soften the downturn, in particular if sustainability is supported by solid medium-term strategies and fiscal frameworks. To be effective, these policies require coordination across advanced and emerging economies. The report's analytical work underpins the link between fiscal sustainability, coordination, and effectiveness, and stresses that emerging markets have been affected differently by the crisis, with the quality of policies and external vulnerabilities being key factors.   

The full 73 page report is attached.

 IMF report Europe

The report covers, inter alia: 

• A report on the discussions taking place in the US government, and between government and industry, concerning piracy off the coast of Somalia and in the Gulf of Aden.  The report describes US policy developments concerning ship security and protection of US flag vessels.

• A further update on the US/Canada proposal to IMO MEPC 59 to establish an Emissions Control Area 200 miles from the coastline of the United States and Canada, as also reported in MC(09)44.

• A report of CSA comments to the Docket on Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification Systems (Federal Register, December 16, 2008, pgs. 76295-76318)

• A summary of two new bills (the Oil Pollution Prevention and Response Act 2009 and the Oil Spill Prevention Act of 2009) being introduced in this session of Congress, including a summary of key sections and draft CSA positions on specific sections of the bill.

• Important information regarding the US Coast Guard Final Rule on Crewmember Identification Documents (effective May 28, 2009), including details of acceptable documents and the applicability of the rule.

• Information about Pacific Merchant Shipping Association (PMSA) Litigation against the California Air Resources Board (CARB) on the Marine Vessel Air Emissions Regulation.

  ICS Report - Apr 2009

The May 2009 Asia and Pacific REO looks at the impact of the global financial crisis on Asia. Chapter 1 argues that a sustained recovery will need to await an improvement in the global economy, given Asian economies’ specialization on advanced manufacturing and increasing financial ties with the rest of the world. Indeed, Chapter 2 shows that Asia has typically not recovered until exports have started to revive. An expansionary policy stance would provide insurance against the risks that a delayed global recovery could hurt the corporate and bank sectors, as discussed in Chapter 3. Some useful insights on how to deal with the adverse impact of the crisis may come from Japan’s experience during the 1990s, discussed in Chapter 4.

The full report is attached.

 IMF_on_Asia_and_Pacific_May_09

 EMSA newsletter_april2009

ICS BRIEF FOR THE INTERNATIONAL CONFERENCE ON THE SAFE AND ENVIRONMENTALLY SOUND RECYCLING OF SHIPS

The IMO International Conference on the Safe and Environmentally Sound Recycling of Ships will take place in Hong Kong 11-15 May 2009. 

The ICS brief for the meeting is attached

 MC(09)52 - Annex - Ship Recycling Dip Con Brief

Attached: letter of 29 April from the ICS/ISF Chairman/President to the Supreme Court of the Republic of Korea requesting that the two officers of the “Hebei Spirit” be permitted to return home to India pending the Court of Appeal’s consideration/approval of the Supreme Court decision that the officers are innocent of the imprisonable charge of causing vessel destruction.  

Members will have noted from the public statement issued on behalf of ICS/ISF as attached to ICS/ISF(09)25, that the Supreme Court of the Republic of Korea spared the officers of the ‘Hebei Spirit’ further imprisonment on the basis that they are innocent of the charge of vessel destruction (which was the basis of the imprisonment imposed by the Daejeon District Court of Appeal).  However, according to the judicial process in the Republic of Korea, before the officers can be released from the terms of their detention in Korea, the findings of the Supreme Court have to be referred back to the Daejon District Court of Appeal and this Court is required to endorse the Supreme Court decision.  It is not known how long this process will take.  In these circumstances, the ICS/ISF Chairman/President submitted a letter to the Supreme Court on 29 April urging that the two officers be permitted to return to their homes in India in the interim pending the Court of Appeal’s consideration of the matter.  A copy of this letter is attached at annex. 

More generally, and as was noted in the ICS/ISF statement, whilst the officers were found innocent of the charge of causing vessel destruction, their conviction of the charge of causing pollution was upheld and this is of great concern to the industry.  ICS and ISF are considering the details of the judgement in detail particularly with regard to the safety and technical issues which arise from the guilty verdict and will revert with a further report if needed.

 

‘HEBEI SPIRIT’  

The International Chamber of Shipping (ICS) and the International Shipping Federation (ISF) are very pleased that the master and chief officer of the ‘Hebei Spirit’ have been spared further imprisonment following yesterday’s decision by the Korean Supreme Court that they are innocent of the charge of vessel destruction, based upon which imprisonment was imposed by the Daejeon District Court of Appeal.  We understand that pursuant to the Korean legal system requirements this aspect of the case will now be referred back to the Daejeon District Court to endorse the Supreme Court’s findings.  We hope that the lower court will decide the matter promptly, and that in the interim the seafarers will be able to return home to their families in India. However, we are disappointed that the Supreme Court did not reinstate the innocent verdict of the First Instance Court with regard to the charge of causing pollution.  We remain at a loss to understand how the two officers of the tanker, which was at anchor when it was struck by the crane barge, could be guilty of causing pollution but will reserve further comment on this aspect until we have seen the Supreme Court’s judgement.

More generally, we remain deeply concerned about the impact on serving officers and potential recruits of this case, and other cases where seafarers have been imprisoned or detained for lengthy periods sometimes without charge following

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maritime incidents.  There seems to be an increasing tendency on the part of coastal States to impose criminal sanctions for accidental pollution when there has been no intentional or wilful misconduct.  This in contrary to the principles in the international Law of the Sea and MARPOL treaties, to which States have subscribed.  Seafarers are exposed to a variety of legal jurisdictions in the service of world trade, and have no control over where their ships will trade.  They deserve the security of uniformity and certainty as to how their conduct and actions will be determined by local courts, based on the internationally agreed standards, so they know where they stand.

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