The e Pre restige stige Disaster ter and d the the Role of Classificati ification on Societies ieties International ternational Tribunal al for the Law of the Sea, 4 M March h 2006 Lu Luis Figa gared edo
Com ompa pani nies es Net etwor ork TRUST COLOUTH UTHRO ROS FAMI MILY ALFA FA GROUP CHARTE RTERE RERS RS MANA NAGERS RS INSURA URANCE NCE H&M Crown wn Resource ces Universe se Maritime ime P&I London P&I OWNE NERS RS Mare Shippin ing SHIP BUILDE DER Hitach chi i Shipbuild ldin ing & Engineering Co. CYPRUS RUS MASTE TER FLAG STATE TE SALVORS RS Mast ster Mangouras Bahama mas Certifica cate ABS CLASS SOCIETY TY ORDER R TO SEND D THE PREST ESTIGE SASEMAR VESSEL OUT TUGS SHIP REPAIR R YARD D Cosco-Guanzho zhou Shipyar yard CONTRO ROL OVER R SPANISH AUTHORI RITI TIES TRAFFI FFIC C SEPARA RATO TOR POLLU LUTION TION DAMAG AGES ES
Diffe fere rent nt na nation onal alitie ities s inv nvol olved ed Crow own n Resour ources es Universe erse Maritime me Mare e Shippi pping g (Owners) ers) Hitac achi hi Shipb pbui uildi ding ng & (Char hartere erers rs) (Manage nagers rs) Engi nginee neeri ring ng Co. (Shi hip p Bui uilder der) Flat at State ABS (Class ass Soci ciet ety) y) P & I Spani panish Smit Salvage age Cos osco o Shipy pyard ard Authori horities es (Sal alvors ors) (R (Repai epairs rs)
Neg eglige genc nce e an and d Neg eglige gent nt Misrepre eprese sentat ntation ion ELEMEN MENTS TS OF NEGLI LIGEN ENT T MISREPR EPRESE ESENTATI ATION 1. DUTY OF CARE BASED 4. REPRESENTEE MUST HAVE 5. THE RELIANCE MUST HAVE 2. REPRESENTATION MUST BE “SPECIAL RELATIONSHIP” 3. REPRESENTOR MUST HAVE RELIED (IN A REASONABLE BEEN DETRIMENTAL TO THE UNTRUE, INACCURATE OR BETWEEN REPRESENTOR AND ACT NEGLIGENTLY MANNER) ON THE NEGLIGENT REPRESENTEE AND DAMAGES MISLEADING REPRESENTEE REPRESENTATION SHALL RESULT NEGLI LIGEN ENCE: : The failur lure to exercise rcise the standa dard rd of care e that a prude dent nt perso son would uld have e exercised rcised in a similar ilar situa uatio ion 1. DUTY Y OF CARE 2. BREACH OF THE DUTY OF 3. DAMAGES ES RESULTIN ING FROM EXISTEN ENCE E BETWEEN EN THE CARE THAT DUTY PARTIES IES ELEMEN EMENTS TS OF NEGLIGEN ENCE
• provide evidence for guarantee as meeting certain standards Certify • guarantee, secure , warrant, authenticate, testify • communicate Communicate Authenticate Validate • to transmit information to someone • validate the authenticity of something • the cognitive process of establishing a valid proof • social relation • communicate • message • proof • transmit Proof • testing the truth of something • certify • communicate • evidence Evidence • stands as proof • communicate Registration • inform Inform • official record of events • testify • implies imparting of knowledge • communication • proof especially of facts • certification • authenticate • communicate knowledge to • inform someone A certification provides an information to the market, as a proof or evidence that the data contained therein are accurate “The purpose of the ship classification is to assure that the vessel is safe and fit for its intended use” Does the market (i.e. third parties rely on this information?
Erika ka Pac ackag ages es EXIST STING MEASU SURES ES International Marpol Convention for the Preventionof Directive 2000/59/EC on port reception facilities for Directive 95/21/EC on Port State control Council Directive 94/57/EC on ship inspection Pollution from Ships adopted in 1973 ship-generated waste and cargo residues ERIKA KA I Communication of 21 March 2000 on the safety of the seaborne oil trade Directive 2001/106/EC amending Directive 95/21/EC on Directive 2001/105/EC on stricter supervision of the Regulation No 417/2002 on the accelerated phasing-in of Port State control activities of classification societies by the Commission double hull (or equivalent) for single oil tankers ERIKA KA II Communication of 6 December 2000 on a 2nd set of Community measures on maritime safety Directive 2002/59/EC establishing a Community vessel Regulation No 1406/2002 establishing a European Maritime Proposal for a regulation on the establishment of a fund for traffic monitoring and information system and the problem of Safety Agency the compensation of oil pollution damage in European waters places of refuge ERIKA KA III ADDITIONAL L MEASU SURES ES Communication of 23 November 2005 on a 3rd set of Directive 2002/59/EC EC also Community measures on maritime safety Direct ctive ve 2001/25/EC EC on training combats discharges of oil waste te seafa farers and flushing of ballast tanks Proposal of Directive amending Directive 2002/59/EC Proposal of Directive amending Directive 2001/106/EC on establishing a Community vessel traffic monitoring and Port State control information system and the problem of places of refuge
Prest estige ge Mea easur ures es PREST ESTIGE MEASU SURES ES Communication of 3 December 2002 on the strength thening of the mariti time secu curity ty afte ter the casualty ty of the vesse sel Prestig tige Stricte ter timeta table for the phasing out t of Intr troducing criminal penaltie ties at Wish of the UE to Implementatio tion of the Monitoring of seafarer’s single-hull vessels and the prohibitio tion of community ty level for marine pollutio tion increase its influence Erika Packages level of training the carriage of heavy fuel oil in single- caused by ships with thin the IMO hull vessels Proposal for a Directive on ship- Directive 2003/103/EC Early setting up of the Speeding up of preparation of plans source pollution and on the makes English the European Maritime Safety for the reception of vessels in places introduction of sanctions for pollution language of communication Agency of refuge offences (5 March 2003) of the crew New concrete te initia tiative tives SPAN ANISH SH MEASURES Regulation Nº 2099/2002 establishing a Committee on Safe Seas and the Prevention of Spanish Proposal of a Administrative proceedings Pollution from Ships decision for start Spanish Proposal that Administrative proceedings against the ship owner administrative proceedings the Galician coast to be to investigate the Royal Decree 210/2004 and the owners of the revoking the authorization declared internationally as competence and license implementing Directive cargo/charters for the given to ABS as an EU Particularly Sensitive Sea of the Master of the 2002/59/EC extraction of the oil from recognized Classification Area M/T Prestige the shipwreck Society Publication of black list of Increase of the IOPC ships on 3 December (International Oil Pollution 2002 by the IMO Compensation)
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