The arranges European for the maritime security ( AESM ) ( EMSA in English for European Maritime Safety Agency ), operational since 2003, contributes to reinforce the total system of maritime security in Community water , so as to reduce the accident risks maritime, of pollution by the ships and of death at sea.
It is located in the town of Lisbon at the Portugal.
Structure of the agency
The European Union is competent as regards maritime security only since the treated of Maastricht of February 7th, 1992. The Commission diffused, on February 24th, 1993, the communication entitled For a common policy of the maritime security .After the shipwreck of the Erika in December 1999, several recommendations were made and gathered under name Paquet Erika I (March 21st, 2000):
- the intensifying of the control of the ships in the European ports, for the ships with risk and a banishment of certain categories of ships “payment doubles hulls 1”; this point will be the one hardening object following the accident of the Prestige ;
- an intensifying of the control of the States on the companies of classification and the definition of the responsibilities for each one;
- of “positive” measurements for the construction of databases and a better circulation of the information at the States, of the organizations of certification and other organizations concerned with the maritime security (Equasis, SafeSeaNet).
The Paquet Erika II (December 6th, 2000) comes to reinforce the coherence of the first series of measure by:
- the installation of a Community system of follow-up, control and information on the traffic of the ships;
- of the proposals for a Regulation concerning the creation of funds of compensation says COPE ( Compensation for Oil Pollution in European toilets funds ) to the top of the FIPOL funds; that finally resulted in an action near OMI to increase the FIPOL funds;
- it is suggested there the creation of an Agency of maritime security.
In November 2005, the Commission decided to reinforce the maritime security thanks to a third maritime package ( Paquet Erika III ). The seven proposals are articulated around three major axes:
- reinforced prevention of the accidents and pollution,
- treatment of the continuation of the accidents,
- improvement of the quality of the comprehensive framework of responsibility and compensation for the damages in the event of accidents.
All these measurements led to the payment THIS n°1406 of June 27th, 2002 instituting a European Agency for the Maritime security.
Legal framework
The arranges is an organization of the Community, equipped with the legal personality. It is represented by its executive director.Third countries eager to take part in the operation of the agency must adopt and implement the applicable Community legislation in all the fields of competence of the agency.
After having held his first inaugural meeting on December 4th, 2002, in the presence of the police chief Loyola de Palacio, the Board of directors of the European Agency for the maritime security met once again in Brussels and named Willem de Ruiter executive director of the agency.
Human resources
The executive director
The executive director of the agency is completely independent in the exercise of his functions, without damage of respective competences of the Commission and the Board of directors. He exerts the functions of Gestion naire of the agency and is, for this reason, in charge with the preparation and the execution of the Budget and the work program, as well as all questions concerning the personnel. The executive director of the agency is named by the board of directors for a five years renewable mandate once.Mr. Willem de Ruiter, of nationality Dutchwoman, is 51 years old. He is civil engineer. He worked during ten years as engineer of research and chief engineer with the ministry for the public Travaux of the Netherlands before being committed by the European commission in 1985. At the Commission, he was successively administrator, principal administrator and section head to the head office of Transport. Of 1996 with 1999, he was head of unit with the interior market and the application of the Community legislation in the maritime transport. Since 1999, it directs the unit maritime security of the head office of Energy and Transport (DG TREN).
The board of directors
The board of directors of the agency is composed of:- 27 representatives of the Member States and their substitutes;
- 2 representatives of the European Free Trade Association (EFTA) = European Free Trade Association States (Iceland and Norway);
- 4 managing directors Commission representatives: managing director budget (DG BUDGET), managing director of the environment, 2 directors of transport energy (DG TREN) and their 4 substitutes;
- 4 professionals of the sectors most concerned, named by the Commission and not having the right to vote.
The term of the office is five years renewable once. Resolutions of the Board of Directors are caught in the majority of the 2/3 of all its members having a right to vote.
Personnel of the agency
He is composed, on the one hand, of Fonctionnaire S affected or detached by the Commission or the Member States in a temporary way and, on the other hand, agents recruited by the agency. To postulate by direct recruitment (via Internet site of the agency), it is necessary to be European Citoyen, to have its rights and to be released of the military obligations. Of 8 part-time members in 2003, the agency is now made up of 120 permanent agents.
The flow chart
It correctly translates the priorities into matters of maritime security. Indeed, one finds 8 units distinct, each one there directed by an administrator. The first three units ensure the operation of the structure and the five other sections tally the actions of the agency.-
Unit a: human Resources and communication
- Unit b: financial and legal Businesses
- Unit C: Support with the operations
- Unit D: Inspections and evaluations of safety
- Unit E: Application of the Community maritime law
- Unit F: Co-operation and development techniques
- Unit G: Fight against pollution by hydrocarbons
- Unit H: Detection of pollution and preparation to the fight against pollution
Financial businesses and budget
The budget of the agency is composed, for the major part, of a contribution of the Community and any third country taking part in work and, in addition, of the royalties income for the publications, formations and any other abundant service by the agency.Financial control is ensured by the Financial Comptroller of the Commission. The Court of Auditors examines the accounts of the agency and publishes an annual report. The the European Parliament gives discharge to the executive director of the agency on the implementation of the budget.
The board of directors adopts each year, for the April 30th at the latest, the draft budget accompanied by the provisional work program and transmits them to the Commission.
Evolution of the budget
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On Tuesday, September 5, 2006, the European deputies adopted in first reading a report/ratio of joint decision, which fixes at the same time the budget appropriation of the agency (154 million euros over the period 2007-2013) and the detail of its missions.
From Brussels to Lisbon
The European cities in competition for the reception of the Agency are Genoa (Italy), Nantes (France), Lisbon (Portugal), Athens (Greece), Glasgow (Scotland) and Gothenburg (Sweden). The project of distribution addressed by the Belgian presidency was rejected by several members, of which France and Italy. On Saturday, December 13, 2003, the Fifteen put finally agreement on the localization of the European agencies which was still the divergence object. It is Lisbon which will accommodate the agency of maritime security.Leaving its provisional buildings of Brussels, the Agency settled on September 14th, 2006 in its new seat. The building was inaugurated in the presence of Jose Manuel Barroso, President of the European commission, Jose Sócrates, Portuguese Prime Minister, Efthimios Mitropoulos, general secretary of the international maritime Organization (OMI), Willem de Ruyter, director of the AESM and Jacques Barrot, police chief with Transport.
Other European agencies of safety of transport
This structure is not isolated since there exists a European Agency of the air security and for the rail-bound transport.The European Agency of the air security, the EASA was created in 2002; its seat is with Cologne (Germany) and its executive director is Patrick Goudou.
The European railway Agence was created in 2004; its seat is with Valencian (France) and its executive director is Marcel Verslyte.
Since 2004, the European transport policy is managed by the European Commissioner Jacques Barrot (France).
Activities of the agency
Each time one is confronted with the construction of analyzes and proposals as regards maritime security, the obliged starting point is always the same one: a sure ship for the people, the goods and the environment, is a ship well designed, built, maintained and used well well well, as well from the nautical point of view as commercial. To improve safety, it is thus necessary to progress in the whole of these fields. This explains the diversity of activities for which the Agency is responsible.
Fight against pollution
The general objective is to effectively contribute to protect the littoral from Europe and its 600 ports from the discharges accidental or deliberated on oil and other pollutants.
The fight against pollution is the first activity of the agency which was defined in a general way by payment 1406/2002, following the shipwreck of the Erika . After the shipwreck of the Prestige , payment 724/2004 comes to be added to it and imposes on the Agency obligations in terms of capacity of answer.
In agreement with this regulation, the agency developed its action plan for the fight against pollution, published under the name “ Action Plan For Oil Pollution Preparedness and Response ”. It contains 67 pages which define the maritime pollution risk in Europe, the type of appropriate responses and comprises an addendum which makes an inventory of the material at disposal in the European ports.
Dépollueurs ships
The serious financial consequences and ecological of a Oil slick can be limited by withdrawing oil before it reaches the shore. For this purpose, the Agency charters trading vessels which can be quickly converted into dépollueurs ships equipped with sophisticated equipment of hydrocarbon recovery.
Since March 2006, the the Baltic, the Western part of the Handle, the the Mediterranean and the Atlantic coast entered the device. In 2007, coinciding with the arrival of the Romania and the Bulgaria in the Union, the Black Sea will be also equipped.
Characteristics common to all the dépollueurs ships:
- permanent presence on board a special Radar allowing the detection of the tablecloths of Hydrocarbon S;
- possibility of elutriating the water pumped with the pollutants to optimize the capacity of recovery;
- device of reheating of the capacities and pumping with high banc to unload quickly;
- material antipollution Container ized specific to the zone, and ready to be embarked in the event of requisition.
Stored antipollution means with ground
The totality of the coastal means and the responsibilities the Member States had were listed by the Agency to obtain a European chart of the capacity of answer against pollution. One finds there for example, for a given littoral commune, the number of floating booms, combinations of protection, buckets, but also the boats and terrestrial machines at permanent disposal. It is to some extent a European inventory POLMAR.
Material of fight against pollution
In the event of major crisis (standard Erika or Prestige ) and if he realizes that his average nationals are not enough, each Member State can call upon the AESM by the channel of the Monitoring and Information Centers (MIC) which is in Brussels, which functions 7 days a week and all the year and depends on the head office of the environment.
The Commission, the states candidates and the Member States of the European Free Trade Association can also ask for the operational assistance of the AESM. For example, if a shipwreck of the type Erika occurred, it is the maritime police chief of Brest which would have a complete control on the action of the dépollueur ship Île of Bréhat .
Monitoring of pollution
The agency is responsible for the monitoring of pollution on behalf of the EU. Until now, the monitoring was carried out by the planes of the Member States. She now develops a system which will be operational during 2007 to detect the layers of oil by using satellite images and to thus better anticipate their displacements.
A satellite (Radarsat) with polar orbit produces images radar of synthesis obtained by sensors SAR ( Synthetic Aperture Radar , is Radar with synthesis of opening). The principal advantage is that the produced system of the images of day like night, independently of the luminosity and cloud cover.
After analyzes, the images can allow:
- to locate pollution: oil slick, offshore oil rig exploitation , natural oil seepage… and to anticipate the drift of the tablecloths for the prevention of the damage;
- to detect in time quasi-reality the suspect ships;
- to identify the contraveners by recutting all information available: satellite images radar and optics, BOARD ( Automatic Identification System , automatic System of identification), echo radar;
- to optimize the interventions on site for an effective dissuasion.
The analyzed images and data, as well as knowledge and the best practices will be widely diffused in order to support the activities of fight of the Member States.
Management of the waste produced by the ships
An average ship consumes approximately 35 tons of heavy fuel and produces nearly a ton of mud per day, 50 kg of residues of cargo and the household refuse… This waste, taking into account the growth of the sea traffic, constitutes a threat for the environment, if they are poured at sea.
The Europe, through the Agency, seeks means of making sure that these substances are evacuated in suitable harbor installations (directive THIS 2000/59 in conformity with Marpol 73/78). However, those are often unsuited and when they are present, they often propose dissuasive tariffs. The AESM also collects information on the tariffing systems of the Member States, which will make it possible to work out a regulation. It defines also the criteria qualifying the clean ships ( green ships ) (ships which reduce their waste considerably).
Evaluation of the companies of classification
The companies of classification are organizations which develop and apply technical standards to the design, construction and the Certification of the ships and other maritime installations. The state of the house can authorize the companies of classification to inspect and certify their ships. There is more than 50 companies throughout the world, but only 12 of them are currently recognized by the EU (directing THIS 2002/221).
Intensifying of the control of the Port state
It is essential for the EU that the maritime transport around its coasts, takes place in a respected, sure and made safe environment. To this end, the Union set up the directive THIS 1995/21 which is added to the systems in place in each country, and which regulates the control of the Port state. That guarantees an inspection of the ships in the ports of the Union and makes it possible to be ensured thus that the ships which sail in European water are built and maintained in a suitable way.
The number of ships aimed by the mode of obligatory thorough inspections thus passed from 700 to close to: 4000, after the shipwreck of the Erika . Today, it is a question of passing from an individual objective annual of 25%, with a total objective of 100% of ships inspected in the plan of the whole of the Union, which guarantees in theory that more no ship out-standards will be able to pass through the meshs of the net. The frequency of the inspections will not be random any more, like today, but will depend on the " profile of risque" of each ship, established according to criteria related to the ship (age, standard), with the house, the company of classification and deficiencies and detentions already marked. Thus, the ships more at the risk could be inspected twice a year, and in a more thorough way, whereas the ships of quality are to it only all both or three years.
It is the agency which with the technical responsibility for the application of the control of the state of the port. That implies the monitoring of the systems of each Member State, while being given the responsability to analyze the statistics on the entries and exits of the ships in the European ports and the individual data on each inspected ship. These results make it possible to develop procedures to improve control of the port state.
Moreover, the agency brings an technical assistance to the countries and to the Commission, it also contributes to collaboration between the Member States.
The directive provides in addition that the Commission publishes every six months the list of the ships to which the access was refused in the Community ports. The table of appendix 3 recapitulates the list of the ships having been the subject of a measurement of refusal of access in the Community ports between on April 1st, 2005 and on June 26th, 2006.
Report of the ships
The continuous increase of the sea traffic in European water and the accident risks related to tightened water imply a follow-up in real-time of the position of the ships.
The directive THIS 2002/59 stipulates the creation of and a Community information security service of the sea traffic. Network SAFESEANET, developed and managed by the agency answers this directive. It is a system of electronic information, in network, paneuropéen which provides data on the loadings and the position of the ships. Information comes from the various data-processing networks of the Member States (example: TRAFIC2000 for France). The access to the data is restricted with the maritime administrations.
The agency takes part in the sides of OMI to the development of technical solutions in order to create a system of identification and follow-up of the ships with large scales, the LRIT ( Long Arranges off Identification and Tracking off Ships ). This system, in the spirit of the system BOARD ( Automatic Identification Systems ) must allow the automatic identification of the ships the Broad .
The agency must also create a list of the places of refuge accessible to the ships in distress. However, for lack of precise details on the contents of these plans and the decisional mechanisms, of the differences in comprehension appeared between the Member States. Those were convened on several occasions in order to accelerate the preparation of plans for this type of reception. On the basis of data collected by the agency, the Commission must propose the suitable modifications of the directive to raise the remote regions.
In addition, the Agency studies the guarantee and the compensation for the damage related to the reception of the ships in distress in places of refuge, in order to propose, if necessary, legislative measures suitable (cf § Responsabilités and compensations.
Crisis cell
The AESM, in the event of maritime crisis (accident, pollution…), is the support of a fast alarm system. This imposes 2 paramount functions: to inform the EU in order to facilitate decision making, and to place at the disposal the antipollution service of the agency, if necessary. This structure is available 24 hours over 24,7 days out of 7 via a call number urgently single. Once informed, the agency will be put in relation to the MRCC ( Maritime Rescue and Co-ordination Center ) of the Member State which will have called upon its technical support. It also holds a daily database on the maritime incidents throughout the world.
Technical assistance
All the fields covered by the agency have the vocation to improve the individual systems of the Member States and to provide them on their request or that for a third country an adapted technical assistance. This assistance is done by the means of accessible publications in line ( Rapport on the tanker doubles hulls , Action Plan For Oil Pollution Preparedness and Response , or on request, as well as software of assistance to decision making ( Utilization of the dispersing products ,…)
Maritime equipment
In order to decrease the accident risks, it is very important to regularly raise the standards of the ships and the equipment on board. If it is difficult to standardize the quality standards on a world level (main role of the OMI), at the European level it is possible to reach higher standards. The agency has as a role to take care, in agreement with the directive THIS 1996/98, in a preoccupation with an equity between the Member States, with the respect of the application of common standards.
Training of the sailors
It is estimated that approximately 80% of the maritime accidents are caused by an human error. It happens that the crew is unable to react quickly in the event of failure of an engine or another equipment. It is consequently vital that the sailors follow a Formation conforms to the highest standards.
In this respect, approximately 75% of the sailors working on ships flying flag of the EU are originating of more than 40 third countries. It is thus difficult to evaluate the quality of their formation.
International convention on the standards of training of the day before and, delivery sailors of the patents (STCW), adopted by the OMI, makes it possible the Flag state to check the quality of the training of the sailors employed on their ships. The European countries thus decided to delegate this task to the European commission, which entrusts technical work of them to the AESM. This centralization guarantees not only one increased effectiveness, but also an coherent approach of the evaluations. The experts of the AESM undertake every five years an evaluation of the education system of each third country which trains sailors employed aboard ship of the EU. That requires in practice 8 to 12 annual evaluations and a later examination.
Safety of the ships
The attacks of September 11th, 2001 with New York and the terrorist activities in Europe involved an awakening of the failures of the Sûreté of transport. The European Union to answer this threat adopted directive 2005/65 EC. The original intention is to take care that the Member States have an adapted level of safety. The agency is in load of the diffusion of the good practices in the field and currently works with legislative solutions to improve safety which will be proposed with the the Council of Europe.
Responsibilities and compensations
During the last decade, the accident risk evolved/moved. Efforts were carried out to improve safety, through a better technology, a reinforced legislation and an heightened surveillance. In same time, the maritime accidents became potentially more serious for the Environnement and the human life. The factors which contributed to this report are:
- increase in the Tonnage S transported, including polluting and dangerous goods,
- the revaluation of the interests of the thirds,
- higher recognition of the value of the environment.
Inquire after accident
The AESM is seen entrusting by the European commission and on the basis of article 2 of payment 1406/2002, the responsibility to create a Database gathering the reports/ratios of investigations on the maritime accidents. By analyzing these files, the agency must establish a methodology to make it possible to improve and standardize the investigations in the event of incident and to produce thus suggestions at the commission, as regards legislation.
With an aim of better including/understanding and of analyzing the causes of the events of sea, the agency makes the promotion of the installations of the type VDR ( Voyage Dated Recorders ), which allow the recording of the data.
An work group, consisted the representatives of the offices of investigations of the Member States and conduit by the agency, named CTG CMAI ( Advisory Technical Group for Co-operation in Marine Accident Investigation ), works and communicates its reflections on these investigations.
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References
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