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UN Consultative Group
On issues resulting from the sinking of the Oil Tanker ‘Prestige’
29 April 2003
The above group has been formed in response to a letter written in November 2002 by Greenpeace, the ITF and the WWF to the Secretary-General of the UN. The letter identified the lack of flag State implementation and enforcement as the root cause of this type of accident, as well as illegal fishing, the mistreatment of seafarers, crimes at sea and other issues.
Positive responses were received by the UN from FAO, ILO, IMO, OECD and UNCTAD. The group will meet for the first time at the OECD on 7th May and complete its work within 12-14 months.
The preliminary terms of reference for the group are quite revealing. The object of the group will be to conduct a thorough investigation into all aspects – political, legal, economic and social – of the issues raised by the lack of flag State control over substandard vessels, IUU fishing and abuse of seafarers, in contravention of international rules and standards.
Areas of focus will include:
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The ship itself, its owner, its operator and its crew;
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The flag State, including criteria for registration, degree of control
exercised over vessels;
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Port State control;
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Coastal States and jurisdiction for the protection of the marine environment;
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The role of international organisations.
It is significant that the OECD has proposed additional points for
investigation:
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to analyse maritime incidents over the past few years in order to determine what went wrong, not just technically, but also in terms of organisation, management and subsequent liability;
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to develop a comprehensive inventory of the obligations of a flag State arising from the use of its flag;
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to address the issue of liability, including the mechanisms triggering liability, i.e. to look at possible mechanisms for triggering the liability of intermediaries, classification societies and States;
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to examine circumstances in which there could be a financial responsibility for the port and/or coastal States.
Members will be interested to learn that
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the United States has already made clear that it will not support any call to change the framework of international law established by the UN Convention on the Law of the Sea (contrary to the calls, and action, by France and Spain, in particular).
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the OECD Maritime Transport Committee (MTC) intends to discuss at its next meeting, 19-20 June, the possible formation of a High Level meeting to consider a ‘fundamental re-think’ of the shipping industry.
For more information, please contact this office.
Yours faithfully,
Arthur Bowring
Managing Director
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