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  • 2009 October 12

    Functional system of OSP in IWW needs revision, SLA

    Shipping Lines Association (SLA) carried out an analysis of the Order Draft issued at the site of the RF Ministry of Transport "Functional subsystem of arrangement of works on prevention and elimination of oil and oil products spillage (OSP) from vessels and objects of sea and river shipping within inland waterways (IWW) of a single state system of emergency situations prevention and elimination". As per the opinion of SLA’s specialists and that of the shipping lines experts the draft has a number of drawbacks.

    Isn’t own Search-and-Rescue Unit (SRU) enough?

    As for the shipping lines responsibilities, the aforementioned Order “severely violates” clause 5 of the Federal Law “On Search-and-Rescue Units and Rescuers Status” dated August 22, 1995, N 151-FL, SLA is sure. The aforementioned clause defines the list of search-and-rescue works and it does not include elimination of oil and oil products spillage (OSP) in water objects.

    It means the shipping lines have the right to found there own units for localization and liquidation of oil and oil products spillage and bear responsibility for their training and fitting out. Vessels crews are considered to be such units and there are no obligations on their attestation under the present legislation.


    The order (clauses 11, 13 in particular) needs significant revision taking into consideration the comment given, pointed out Andrei Schesnyak, SLA President’s advisor on legal matters.

    Irregular responsibilities

    A ship-owner is not at all an “organization that carries out exploration, extraction of oil, refining, transportation, storage of oil and oil products” (here the “transportation” term can be only applied to pipeline service), highlighted the experts. As per SLA opinion, the confusion of notions brought in by the Order elaborators leads to illegal binding of shipping lines with responsibilities that can only be applied to stationary objects (oil-derricks, oil storages, oil refineries, crude oil loading terminals, oil pipelines).


    Many shipping business representatives pointed out that the Order does not contain the norms defining branch specifics of OSP schedules elaboration by the shipping lines. It is necessary to exclude from the Order the requirements to shipping lines on OSP units schedules elaboration that can only be applied to stationary on-shore objects, highlighted Schesnyak in an interview with PortNews IAA.

    Clause 9 of the Order caused a great number of discussions on the part of business sphere. This clause delegates the right of OSP units approval onto Federal Agency of sea and River Transport of the RF Ministry of Transportation (Rosmorrechflot). SLA representatives find it “not based on the law”. Introduction of such a function should undergo additional anti-corruption expertise, pointed out the source specializing in oil products shipping within inland waterways in the interview to PortNews IAA.

     

    SLA was surprised to mention that the Draft of the Order introduces a new service to the shipping lines. In particular, in clause 12 of the Order a new term “services on OSP alert status” was introduced without grounds into the legislation, as per SLA opinion. The authors of the Draft should bring their pinion into compliance with the norms of the Civil and the Tax code, announced Andrei Schesnyak.

     

    PortNews IAA with reference to SLA materials

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