Attachment 3 to 11 BSPC Resolution Part II

Unofficial translation_____________________________________________________________________________Report of the German Federal Government on"Maritime Safety on the Baltic Sea"Even prior to the disastrous shipping incidents that have occurred in recent decades("Torrey Canyon" tanker accident off the Scilly Islands (1967), the "Amoco Cadiz" off thecoast of Brittany (1978), the "Braer" off the Scottish coast (1993), the "Sea Empress" offthe southwest coast of Great Britain (1996), the "Estonia" on the Baltic Sea (1994) and,finally, the "Erika" off the Atlantic coast of France (1999)), intensive efforts were beingmade with the active support of Germany to close identified safety gaps. In thiscontext, entirely new safety systems have also been introduced and further improved.The German Federal Government holds that the most important international task inmaritime traffic today is to increase ship and traffic safety in the interest of preventingand combating shipping accidents, and thus also of enhancing protection of the marineenvironment. It is committed to achieving this goal and has already made considerableprogress. Policy is implemented on three levels:1. InternationalThe International Maritime Organisation (IMO) - the only internationalorganisation under the UN Convention on the Law of the Sea with responsibility forworldwide ship-related safety and conduct standards in international waters - hasadopted numerous regulations in the last four years to improve the standard ofships (e.g. phasing-out of single-hull tankers, establishment of mandatoryequipping with automatic vessel identification systems (AIS)).2. RegionalThe European Union, which can on a regional basis uniformly enforce the IMOstandards applicable to ships flying the flag of a Member State and issuedirectives for measures to be taken by Member States to ensure traffic safety inthe coastal waters of the European Union, has helped to promote safety andenvironmental protection regulations in the IMO.In addition, where consistent with international maritime law, regionally applicablestandards have been raised by EC directives, such as EC Directive 2000/59/EC,which introduces mandatory disposal of waste and oily residues in all EC ports.Regulations that tighten port state control also contribute to greater safety inshipping and simultaneously promote environmental protection.- 2 -Unofficial translation______________________________________________________________________The EC Directive on the establishment of a common monitoring and informationsystem, which is soon to be adopted, makes IMO regulations on AIStransponders, voyage data recorders and emergency berths binding for ECMember States and supplements them with expanded mandatory ship reportingrequirements, improved ship data exchange between Member States, andregulations for port entry and departure in bad weather.On the basis of the Convention on the Protection of the Marine Environmentof the Baltic Sea Area (Helsinki Convention), the Baltic Marine EnvironmentProtection Commission (HELCOM) issued additional or tighter regulations forthe protection of the ecologically particularly sensitive Baltic Sea area, such as thestrict requirement to dispose of ship-generated waste - including that frompleasure craft - in port reception facilities (mandatory disposal, flat-rate fee), whichis possible under the above EC Directive 2000/59/EC and applies to all Baltic Seastates, i.e. not only EC states.3. NationalThe Federal Republic of Germany has, for example, adopted mandatory pilotagein German territory and restrictions on shipping in the region of national parks andnature conservation areas. A traffic control system is in force in the Kiel Canal, forexample.More extensive national regulations have hardly any impact on internationallydominated maritime traffic, because they are usually only binding for ships flyingthe national flag, not those under a foreign flag, this group including most of thesub-standard ships.All of the regulations mentioned contribute to greater safety and improvedenvironmental protection in the Baltic Sea. Moreover, on the urging of the Baltic Seastates, generally applicable special provisions for the Baltic Sea have been incorporatedin IMO regulations. For example, being designated a special area under theInternational Convention for the Prevention of Pollution from Ships of 1973, as modifiedby the Protocol of 1978 relating thereto (MARPOL 73/78), the Baltic Sea enjoys specialprotection through stricter waste discharge standards.In response to the collision of the tanker "Baltic Carrier" with the freighter "Tern" on 29March 2001, the German Federal Government emphatically supported Denmark inorganising a HELCOM Extraordinary Ministerial Meeting. At the HELCOM Extraordinary- 3 -Unofficial translation______________________________________________________________________Meeting on 10 September 2001, at which the German Federal Government wasrepresented by its Federal Minister of Transport, Building and Housing, and its FederalMinister of the Environment, Nature Conservation and Reactor Safety, a "Declaration onthe Safety of Navigation and Emergency Capacity in the Baltic Sea Area" wasunanimously adopted, the text of which is enclosed in Appendix 1. This declaration, towhich the German Federal Government made a decisive contribution, covers all issuesaddressed in Part II of the Resolution adopted by the 10th Baltic Sea ParliamentaryConference in Greifswald, Germany, on 3 and 4 September 2001. The most importantmeasures for enhancing safety on ships and protecting the marine environment weresimultaneously adopted as new regulations amending the Helsinki Convention on theProtection of the Marine Environment of the Baltic Sea Area. National ratification hasbeen initiated.The Ministerial Meeting further appointed an expert working group to support jointEuropean efforts to ensure the compatibility of data exchange standards throughoutEurope. One of the group's goals is to link national AIS monitoring systems with thoseof the other Baltic Sea states. The expert working group is also intended to ensuremutual support and an exchange of experience in connection with the establishmentand operation of national AIS monitoring systems.Implementation of the measures adopted by the Ministerial Meeting is beingcoordinated by a working group of the HELCOM states. An initial progress report wasapproved by the Helsinki Commission in March 2002 and is enclosed in Appendix 2.Finally, on the initiative of Germany, a joint HELCOM, IMO and EC workshop is to beconducted in spring 2003 on the "Environmental Impacts due to the Increased Densityof Shipping in the Baltic Sea", one aim of which is to review the implementation statusand effect of the measures adopted in the HELCOM Copenhagen Declaration. It willalso have to be made clear at this workshop that additional measures are required toincrease marine environmental protection in the Baltic Sea, because only about 10% ofpollutant discharge originates from shipping, while roughly 90% comes from land-basedsources.The following comparative overview indicates the extent and degree to which theeighteen directives of the 10th Baltic Sea Parliamentary Conference (BSPC), whichare enclosed in Appendix 3, have already been implemented or initiated on the basis ofthe HELCOM Copenhagen Ministerial Declaration:BSPC Directive No. 1:- 4 -Unofficial translation______________________________________________________________________"Initiating a review and investigating the benefits of designating further parts of theBaltic Sea area as a Particularly Sensitive Sea Area"The Extraordinary Meeting of the Transport Ministers of the Baltic Sea States (HELCOMEXTRA 2001, Copenhagen, 10 September 2001) resolved to investigate of the benefitsof possibly designating further Baltic Sea areas as a "Particularly Sensitive Sea Area"(PSSA). In an initial step, the HELCOM Sea-Based Pollution Group is compiling theregulations currently applicable in the Baltic Sea and the measures already taken. Inthis context, a distinction is made between whether the regulations or measures applyat the international (IMO), regional (HELCOM) or even national level. Germany'scontribution in terms of national regulations and measures has already been submittedto HELCOM.BSPC Directive No. 2:"Establishment of mandatory pilotage and of a Vessel Traffic Management andInformation System (VTMIS) in Route T, the Sound and the Kadet fairway"1. Mandatory pilotageIn the opinion of the German Federal Ministry of Transport, Building and Housing(BMVBW), the safety of traffic through the Kadet fairway continues to be an issue ofparamount importance. Recently, awareness of the risks of shipping incidents has alsobeen growing in other countries.At the Extraordinary Meeting of the Transport Ministers of the Baltic Sea States, theBaltic Sea states unanimously adopted an initiative to extend the IMO's mandatorypilotage recommendations to vessels with critical draughts of more than 11 m, insteadof 13 m as was previously the case. Together with the targeted guidelines likewiseadopted for shipping that refer to the IMO recommendations, this will further improve thesafety of shipping traffic in the Baltic Sea. Denmark submitted a corresponding proposalto the IMO in April 2002 on behalf of the HELCOM states.2. Routing measuresIn accordance with a proposal submitted jointly by Germany and Denmark at the 47thsession of the IMO Sub-Committee on Safety of Navigation (NAV 47) in London from 2to 6 July 2001, the extension of the "North-East of Gedser" deepwater route inside the"South of Gedser" traffic separation area (the Kadet fairway) was enacted ahead ofschedule on 7 January 2002. The deepwater route coming from the northeast was thus- 5 -Unofficial translation______________________________________________________________________extended 5 nautical miles inside the Kadet fairway and marked out with six additionalbuoys. The associated marking with pair lights was completed in the same week.Marking the deepwater route with buoys and pair lights greatly facilitates navigation,particularly for deep-drawing vessels.The IMO Maritime Safety Committee subsequently expressed its approval of thesemeasures at its 75th session on 22 May 2002.Vessels operated by the Waterways and Shipping Authority and the Coast Guard arebeing used to test the effectiveness of the measures.3. Maritime traffic managementAgainst the backdrop of the international introduction of the Automatic IdentificationSystem (AIS) between 2002 and 2008, the Waterways and Shipping Directorates(WSDs) are drawing up an overall concept for the use of the AIS data to be provided byvessels in future (cf. also BSPC Directive No. 9). The "AIS Operation Concept" WorkingGroup, which addresses the implementation and operation of AIS in traffic controlcentres, has already completed an interim report. According to the report, maritimetraffic management is to be expanded to include the entire German territory and theExclusive Economic Zone (EEZ) and implemented with the help of AIS (establishmentof VTMIS).Moreover, an agreement signed with the Danish Shipping Authority stipulates that thetraffic control centre in Warnemünde, Germany, is to monitor shipping in the entireKadet fairway, including the Danish EEZ, and that the traffic control centre inTravemünde, Germany, is to monitor shipping in the entire Fehmarn Belt up to theDanish coast.Following establishment of the AIS-based monitoring system, shipping in Germanterritory, in the region of the German EEZ and in the entire area of the Kadet fairwayand the Fehmarn Belt will be monitored as a single unit. By way of a data network thattransmits traffic data to the next responsible traffic control centre in the direction ofvessel travel, the traffic control centres have the opportunity to prepare for passageeven before ships enter their territory.Any potential dangers can thus be identified at an early stage and the necessarycountermeasures initiated. This substantially enhances the safety and smooth flow ofshipping traffic and the protection of the marine environment.BSPC Directive No. 3:- 6 -Unofficial translation______________________________________________________________________"Leaflet on the navigational peculiarities of particularly dangerous traffic areas (Kadetfairway, etc.) and updated navigational charts"The German Federal Shipping and Hydrography Agency (BSH), in coordination with theBMVBW, has frequently provided information and charts on safe navigation in the Kadetfairway in both German and English in the annexes of the "Notices to Mariners"("Nachrichten für Seefahrer" - NfS).Because only vessels with a draught of less than 15 metres can pass through the Kadetfairway, adding a 17-metre isobath to the navigational charts was considered helpful.Following talks with the Danish Hydrographic Service, the BSH added the 17-metreisobath to the navigational charts for the Kadet fairway area at the request of theBMVBW.Furthermore, vessels are recommended to use electronic navigational chart systems,particularly for the Kadet fairway area (cf. BSPC Directive No. 8), which automaticallydisplay a vessel's location and course (in conjunction with GPS).As an additional measure, the Warnemünde traffic control centre broadcasts a statusreport on VHF radio with current information on the sea area and tips on passingthrough the traffic separation area.BSPC Directive No. 4:"Procedure for directing distressed ships to a port of distress (port-of-distress law)"Germany has launched an international initiative for the elaboration of decision-makingprocedures for the assignment of emergency berths, which is based on the guidelinesfor the establishment of an integrated system of intervention planning for shipboardemergencies (IMO Resolution A.852(20)). The content of the initiative also correspondsto a directive of the European Parliament and the Council concerning the establishmentof a joint monitoring and information system for maritime traffic. This directive calls onthe Member States to draw up and implement plans to accept distressed ships in theirterritorial waters on the basis of the relevant IMO guidelines.A comprehensive survey of the port-of-distress problem was conducted in the "MaritimeAccident Prevention" project.Furthermore, a future agreement between the Federal Government and the coastalLänder will regulate the principles of cooperation between the two with regard to the- 7 -Unofficial translation______________________________________________________________________approach or assignment of emergency berths, including the cost regulations. Thedetails, particularly the tactical response strategy, are currently being elaborated.This agreement is intended to give the Emergency Response Command Office, which iscurrently being set up (cf. also response to Directive No. 15), the opportunity to providedistressed ships with suitable berths.BSPC Directive No. 5:"ERIKA I and II packages"The Erika I package comprises the following elements:- Further development of port state control: greater concentration of inspections onsubstandard ships; heavier sanctions; more information exchange.- Strengthening of the criteria for ship classification societies: the requirementsimposed on societies that inspect vessels on behalf of ship owners for the purposeof certification by the flag states ("vessel inspection") are to be tightened; the EU-wide accreditation (after review) of such societies is to be introduced.- Initiative for the early phase-out of single-hull oil tankers with simultaneousacceleration of the introduction of double-hull oil tankers that offer better protectionagainst oil damage in the event of an accident.The directives for the first two proposals were published in the Official Journal ofthe European Communities and went into effect on 22 January 2002.In October 2000, the EC Member States launched a joint initiative in theInternational Maritime Organisation (IMO) to accelerate the phasing-out of single-hull oil tankers. The necessary MARPOL amendments were adopted in April 2001.According to them, single-hull tankers, classified according to their respective ageand tanker category, will not be permitted to enter the ports of the Member Statesafter 2015 at the latest. This agreement, which was reached in the IMO, is to beimplemented in the EU as a regulation binding for Member States (see alsoBSPC Directive No. 11).Erika II comprises the following proposals:1. Establishment of a joint monitoring and information system for maritime traffic withthe following measures:- Expansion of mandatory reporting; use of ship reporting systems,- Improved (electronic) ship data exchange between Member States,- Improvement of vessel routing,- Introduction of AIS transponders,- Introduction of voyage data recorders (black boxes),- 8 -Unofficial translation______________________________________________________________________- Establishment of Vessel Traffic Services (VTS systems) and monitoring of theiruse,- Regulations for port entry and departure in bad weather,- Establishment of places of refuge (emergency berths, ports of distress),- Improved cooperation for accident investigation,- Sanctions for violations.2. Establishment of a supplementary fund to pay compensation for oil pollution inEuropean waters, in order to more effectively and quickly cover the rising cost ofdamage from oil spills.3. Establishment of a European Maritime Safety Agency (EMSA), which will beactive in the following areas:- Updating and efficient application of Community regulations for maritime safetyand the prevention of marine pollution from ships,- Review of the Community's port state control system,- Classification societies, passenger vessels and training,- Development and operation of a maritime information system,- Uniform implementation of maritime accident investigations,- Observation of the proper application of European vessel equipment standards.The Transport Ministers of the EU Member States have agreed on the introduction of amonitoring and information system. Agreement has also been reached on theestablishment of a European Maritime Safety Agency (EMSA). The Council ofMinisters (Transport) reached a political settlement on 7 March 2002 concerning arevised draft regulation. Following discussion by the European Parliament, both sets ofregulations could be put into force promptly.The establishment of a supplementary liability fund to pay compensation for oilpollution will be continued within the framework of a joint initiative of the EU MemberStates in the IMO (International Oil Pollution Compensation, IOPC).BSPC Directive No. 6:"Pollution prevention measures in the Gulf of Finland"Germany supports the proposal submitted to the IMO by Finland, Russia and Estoniaconcerning alteration of the traffic separation area and creation of an obligatory shipreporting system in the Gulf of Finland.BSPC Directive No. 7:- 9 -Unofficial translation______________________________________________________________________"More effectively enforcing the prohibition of all discharges from ships, especially oil andsewage, in all traffic in the Baltic Sea"According to the globally applicable regulations of the International Convention for thePrevention of Pollution from Ships (MARPOL 73/78), the Baltic Sea is a "special area"under Annex I (Prevention of pollution by oil), Annex II (Control of pollution by noxiousliquid substances) and Annex V (Prevention of pollution by garbage from ships).Furthermore, Annex VI of MARPOL 73/78 (Prevention of air pollution from ships), whichhas not yet entered into force, provides that the Baltic Sea be designated as a sulphuremission control area. All special area regulations for the prevention of pollution fromships have thus been exhausted, making the Baltic Sea the most highly protected seaterritory in the world in this respect.The 1992 Convention on the Protection of the Marine Environment of the Baltic SeaArea (Helsinki Convention) also issued stricter provisions specifically for the Baltic Sea.Annex IV of the Helsinki Convention (Prevention of pollution from ships) wassupplemented with the following regulations:- Regulation 6: All ships, including pleasure craft, built on or after 1 January 2000 thatare fitted with toilets must be equipped with toilet retention systems for sewage, thecontents of which must be disposed of on land in a port reception facility. Thisregulation applies as of 1 January 2005 to ships built before 1 January 2000.- Regulation 7: Before departing port, ships shall discharge all ship-generatedwastes, including oily residues, to a port reception facility in accordance withMARPOL 73/78 (mandatory disposal). Only minor amounts of waste may be kepton board.- Regulation 8: Any incineration of ship-generated wastes on board ships in thecoastal waters of the Baltic Sea States is prohibited.The above regulations are currently being implemented by the German Federal Ministryof the Environment, Nature Conservation and Reactor Safety and the BMVBW withinthe framework of the 1st Baltic Sea Protection Amending Ordinance. This ordinance isscheduled to go into force in autumn 2002.HELCOM Recommendation 19/8 (No special fee system = introduction of a flat rate forwaste disposal in ports) will be implemented by the German Federal Länder inconjunction with the implementation of Directive 2000/59/EC of the EuropeanParliament and the Council of 27 November 2000 concerning port reception facilities forship-generated waste and cargo residues (Official Journal L 332/81). The goal is to- 10 -Unofficial translation______________________________________________________________________establish a harmonised fee system in the Baltic Sea ports, as well as in the North Sea,in order to avoid distortion of competition.BSPC Directive No. 8:"Improved hydrographic services and promotion of the use of Electronic NavigationalCharts (ENC)"a) Hydrographic surveyingIn its capacity as the competent authority, the German Federal Shipping andHydrography Agency (BSH) conducted a full survey of the Kadet fairway in 1997using the latest technology (covering the entire area, using satellite positioning).Coordinated with Denmark, this survey also included the Danish part of the Kadetfairway. All other German territories in the Baltic Sea have also been surveyedaccording to the latest standards and the navigational charts updated accordingly.The BSH works with the other hydrographic services in the Baltic Sea region in aRegional Commission, which has already adopted measures to improve mutualcoordination for conducting hydrographic surveys.b) Electronic navigational chartsThe new Chapter V of the IMO International Convention for the Safety of Life at Sea(SOLAS), which provides for the equivalent replacement of the previously requirednavigational charts with an Electronic Chart Display and Information System(ECDIS) and ENCs, goes into force on 1 July 2002. To this end, Germany hascompiled ENCs for the German territories in the Baltic Sea, including the ports,which it continually updates. It participates in a data distribution service coordinatedwith the other Baltic Sea States and the other European countries. The ENCs andthe necessary updating information are made available to ships worldwide via thisdata distribution service. Advertising campaigns for the use of ECDIS and ENCs arebeing prepared in cooperation with the German Ship-Owners Association (VDR).The BSH, together with equipment manufacturers, is conducting studies on thesuitable display of AIS information on radar units and ECDIS systems. The resultswill be used to elaborate corresponding proposals for the internationalstandardisation of such displays. The BSH is reviewing the suitability of Germanand Danish ENC data on the "Kadet fairway - Central Baltic Sea" area in order tomore effectively support navigation in these waters. This will be followed by thecompilation of recommendations for optimising the analysed data and information ofthe Danish equipment manufacturer. Furthermore, the BSH is analysing problems- 11 -Unofficial translation______________________________________________________________________relating to the use of raster data (ARCS) and private ENC data (C-Map) for thespecified sea area in order to inform the manufacturers of ECDIS systems.BSPC Directive No. 9:"Automatic Identification Systems (AIS)"The initiative and decisive contributions of Germany made it possible in a very shorttime to establish the international prerequisites for the mandatory equipping of all shipsover 300 gross tonnage with an automatic ship identification system and to implementthe corresponding amendment of the International Convention for the Safety of Life atSea (SOLAS). Moreover, AISs have become part of the EU's information andmonitoring directive, which goes beyond these amendments and also regulates theoperational readiness of AISs.On the initiative of the USA, the IMO Maritime Safety Committee resolved at its 75thsession from 15 to 24 May 2002 to convene a diplomatic conference in December 2002on the combating of terrorism in maritime traffic, at which the accelerated, worldwideintroduction of AIS is to be stipulated. The proposal (in various alternatives) provides foran abbreviated phase-in time up to the first inspection date for the safety equipmentafter 1 July 2004 or on 31 December 2004, and by 1 July 2006 for smaller vessels.The Federal Waterways and Shipping Authority will establish an AIS-based monitoringsystem for German territorial waters and the Exclusive Economic Zone. Correspondingbudget funds have been appropriated (see also BSPC Directive No. 3).BSPC Directive No. 10"Promoting an obligatory reporting system for navigation"The directive for establishing a joint monitoring and information system for shippingcontains a number of mandatory reporting requirements:- Prompt registration of a vessel prior to entering ports of a Member State,- Reporting of dangerous or environmentally hazardous goods being transported onboard prior to port entry or departure,- Reporting of dangerous incidents or accidents at sea,- Reporting of potential or actual contamination of waters or coastal zones,- Notification of the competent authorities by the captain, should he wish to actagainst their recommendations in bad weather.BSPC Directive No. 11:- 12 -Unofficial translation______________________________________________________________________"Phasing-out the use of single-hull oil tankers in the Baltic Sea Area up to 2015"At its 46th session in April 2002, the IMO Marine Environment Protection Committeeresolved to amend the International Convention for the Prevention of Pollution fromShips of 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78), inorder to accelerate the phase-out of single-hull tankers. According to revised Regulation13 G in Annex I to MARPOL 73/78, single-hull tankers assigned to different categoriesare to be gradually phased out on the basis of their respective age, starting in 2003 andby no later than 2015. According to the IMO resolution, some vessels can also beregistered for use until 2017 under certain circumstances. However, the contractingstates are also permitted to reject this special regulation and strictly apply the ban onsingle-hull tankers as of 2015 without exception. In this case, they must communicate tothe IMO their intention to refuse such vessels permission to enter their ports or offshoreterminals.In the HELCOM Copenhagen Declaration of 10 September 2001, the HELCOMcontracting parties declared that they accept revised Regulation 13 G of Annex I toMARPOL 73/78 but, like the Member States of the EU, they reject the special regulationallowing an extension after 2015. Furthermore, they will deny entry to their ports oroffshore terminals to any ships sailing under the flag of a non-contracting state that takeadvantage of this extension option.BSPC Directive No. 12:"Port state control"One particular success of the HELCOM Extraordinary Meeting is the fact that thecountries that are not yet members of the EU or the Paris Memorandum ofUnderstanding (Paris MOU) are also willing to gear their port state control practices tothese strict regulations.Under Danish coordination, Germany and other Baltic Sea States attending the 35thsession of the Port State Control Committee of the Paris MOU in Halifax, Canada, on 6to 9 May 2002 obtained an amendment to the Manual for Port State Control Officers.According to the amendment, the navigational charts of specific ship categories withdraught (oil, gas and chemical tankers) are to be inspected particularly thoroughly. Theuse of electronic navigational charts is to be promoted.BSPC Directive No. 13:- 13 -Unofficial translation______________________________________________________________________"Promoting a safety and environmental culture through the establishment of a commonprocedure for the investigation into marine casualties"In the Federal Republic of Germany, the improved investigation of marine casualtiestogether with other affected states will in future be conducted on the basis of theMaritime Safety Investigation Act, which is part of the Second Maritime ShippingAdjustment Act and scheduled to go into force very soon. In this connection, a newFederal Office of Marine Casualty Investigation will be established in Hamburg tohandle the tasks defined in Section 3 of the Maritime Safety Investigation Act.In accordance with the IMO Code for investigating casualties and incidents at sea, theFederal Office is responsible for, among other things:- Investigating the causes of casualties, including determination of major deviationsfrom the ISM Code, during the investigation of shipboard incidents relating to safetyand the environment, and of marine casualties, and- Working together with the flag states and other states that have a major (justified)interest in the investigation.BSPC Directive No. 14:"Economic incentives, e.g. lower port dues for ships complying with certainenvironmental standards"On 1 July 2001, Hamburg, Germany's largest seaport, introduced a bonus system onport dues for incoming ships that comply with certain environmental standards as part ofthe Green Shipping Project, which is initially limited to five years. Approximately 30% ofall containers transhipped in Hamburg are transported by feeder ships through the KielCanal to the Baltic Sea, or brought to Hamburg from there.In addition, a discount on pilotage fees is granted to environmentally compatible vessels(double-hull tankers).Other options are being reviewed.BSPC Directive No. 15:"Adequate emergency capacity (fire-fighting, emergency lightering and emergencytowing capacities)"- 14 -Unofficial translation______________________________________________________________________In May 2001, the German Federal Government adopted the first comprehensiveconcept for state-operated emergency tugboats for the Baltic Sea and launched itsstep-by-step implementation. The goal is to reach a safety standard characterised bymaximum deployment times of two hours along the entire German Baltic Sea coast. Inthe long term, the core fleet responsible for these tasks will comprise two multi-purposegovernment ships (pollution clean-up ships with high emergency towing capacity), aswell as three tugboats to be chartered from private boatyards.The tugboat "Bülk" in Kiel and the tugboat "Fairplay 26" in Warnemünde have beenavailable for deployment since November 2001. Another ocean tug is planned to bechartered for the Sassnitz base in autumn 2002. According to the agenda, fullimplementation of the concept, which includes conversion of the multi-purpose ship"Scharhörn" and the building of a new pollution clean-up ship optimised for use in theBaltic Sea, is to be completed by late 2004.The central operations coordination unit of Emergency Response Command Office,which is currently being established, will be responsible for the emergency tugboats.This new joint arrangement between the Federal Government and the coastal Länderrepresents the implementation of a key project to optimise national maritime emergencyreadiness and the fulfilment of a core requirement formulated by an independent expertcommission headed by former Senator Claus Grobecker that was appointed in 1999. AMaritime Situation Centre that is on-call 24 hours a day is the heart of this integrated,central operations coordination unit, which is in charge of all the federal and Länderforces required to respond to actual incidents. Responsibility for the planning,preparation, training and implementation of measures for human rescue, pollutioncontrol, fire fighting, assistance and precautionary salvaging are pooled in acompetence centre under uniform management. With its Maritime Situation Centre, theEmergency Response Command Office is also the national and international reportingoffice for accidents at sea and maritime accident prevention. Consequently, anintegrated and competent partner is available to promote increased cooperationbetween the Baltic Sea States in the field of maritime accident prevention.BSPC Directive No. 16:"Cooperation of the Baltic Sea States in order to prevent the catastrophic effects ofaccidents and technogenic catastrophes"The German Federal Government considers this directive to be essential and hasalready largely implemented it in the past in the framework of the Helsinki Convention- 15 -Unofficial translation______________________________________________________________________(1992). In addition, Germany has for many years had a bilateral agreement withDenmark concerning mutual assistance in combating marine pollution (DENGER Plan).However, one of the recommendations of the "Grobecker Commission" (accident of thewood freighter PALLAS) also points in the same direction: for example, the Commissioncalled for an operative agreement with Poland for the "Pomeranian Bay" sea areaconcerning cooperation in the event of shipping accidents and the combating of marinepollution, which was signed at the end of 2001.Another agreement is soon to be concluded with Sweden concerning more intensivecooperation in the event of wide-area marine pollution. This cooperation is seen as aprecautionary measure in response to the environmental dangers emanating from theincreasing number of draught-restricted vessels carrying dangerous cargoes throughthe Kadet fairway. An envisaged, trilateral agreement (Denmark, Sweden, Germany) inthe region of the western Baltic Sea expands and improves the already goodcooperation between these countries - as evidenced by the most recent, major marineenvironmental incidents (e.g. collision of the BALTIC CARRIER).BSPC Directive No. 17:"Cooperation between the governments during shoreline clean-up operations"Experience has shown that, in addition to pollution control measures at sea, clean-upoperations are frequently also necessary on beaches. The national federal/Länderagreement concerning the control of marine pollution in Germany covers the high seasand coastal waters, as well as the shorelines and beaches.Because it is impossible to control some marine pollution incidents on the water, andonly polluted coastal areas can be cleaned up, international cooperation in combatingmarine pollution should cover all of these areas.The German Federal Government actively supported this view at HELCOM EXTRA andadvocated the incorporation of a corresponding addition to Annex VII of the HelsinkiConvention. Instead of a formal amendment, however, only the following appeal to thegovernments of the Contracting Parties was adopted:"by requesting the governments of the Contracting Parties to strengthen theirinternal operational capacities such that they are in a position to offer otherContracting Parties support and cooperation also for operations along theshoreline."Furthermore, the responsible HELCOM Working Group was commissioned to elaboratespecific proposals for the expansion of cooperation in shoreline operations.- 16 -Unofficial translation______________________________________________________________________BSPC Directive No. 18:"Observer status at the International Maritime Organisation (IMO)"The Baltic Sea States are Member States of the International Maritime Organisation(IMO) and, through their governments, represented in the bodies of this organisation.This also ensures the availability of information to the political bodies of the MemberStates and their influence.Other indirect opportunities for obtaining information and exercising influence exist inthe status of an observer, which has been granted by the IMO to the EuropeanCommission and HELCOM as bodies of international organisations. The Baltic SeaParliamentary Conference has observer status at HELCOM, meaning that influence canalso be exercised via this channel.Beyond this, the guidelines of the IMO do not provide for the granting of observer statusto political bodies of the Member States.