The sea using the sea, law and control

GENERAL RESPONSIBILITIES OF THE STATEDELIVERING OUR OBJECTIVES UK •Objective 1: To promote a secure international maritime domain and uphold international maritime norms •Objective 2: To

THE SEA

USING THE SEA- LAW and CONTROL

ORLANDO TEMES DE OLIVEIRA – Navy Captain Ret

•PORTUGUESE NAVY (1962-1992),

- Navy School (1962-1965)

- Navigator officer at Frigate “Álvares Cabral” (1966-68 Mozambique)

- Commanding Officer: Small Patrol Vessel “Albufeira” (1968 /69)

Small Surveying Ship “Cruzeiro do Sul” (1969/1970)

Patrol Ship “Zaire” (1974)

Minesweapper “Horta” (1975)

Corvette “Baptista de Andrade” (1980/81)

Frigatte “Vasco da Gama” (1991/92)

- 5 years at Surveying ships (Portugal cost and Mozambique)

- 4 years at Navy Personal Administration (1976/80)

- Cabinet Assistant of National Defence Minister (1984-1989)

•NATIONAL DEFENCE COURSE -1988

•CHIEF of STAFF at CULTURE SECRETARY (1993-1994)

•“FISHING AND MERCHANT MARINE SCHOOL” DIRECTOR (1995-1996)

•"EXPO 98"- Director of the Operational Control Centre (1997-1998)

•“CONFORNAULUSA” – Partner and CEO (1998 - ….)

• “MARITIME MAGAZINE” – Maritime Security Chronicle

NEED FOR SAFETY AT SEA

The Sea covers about two-thirds of the planet and is:

A huge source of resources

(food, energy, raw materials and even drinking water)

A privileged route for the transfer of goods

An important way for power projection

And today, where about 97% of radio and digital

communications are moving, through submarine cables

THE SEA VALUE

•The trading growth

•The shortage of some products inland

•Technological advances in research and exploration

•Much more people living near the coast

•The large extent of continental

platforms of some countries

Maritime Trade

- More than 6.500 mi Ton

- More than 100 mi of containers

- +/- 9.000 bi dol

60% Dry Loads

20% - Coal / Iron / Cereals 40% - General Load/Containers / Ro-Ro

35% Oil and Derivates

5% Passengers and other

SHIPPING ROUTES

NAVIGATION CHOCK POINTS

Ships in the world (www.isl.org)

World fleet – total number of ships, by type and size (equasis 2018)

Movement of goods (www.isl.org)

Container Movement (www.isl.org)

Container troughput world wide 2012-2019

and forecast 2020-2021

Unctad – Review of maritime transport 2019

STATE RESPONSIBILITIES

ARE RELATED TO

INTERESTS OF THE STATE AT SEA

or jurisdiction

subsoil

INTERESTS OF THE STATE AT SEA

• It is up to the State to establish the degree of effort it wants to make, in terms of resources to

DEFEND INTERESTS AT SEA

RESPONSIBILITIES OF THE STATE AT SEA

• Development

• Security

• Military Defense

They are interdependent

Safety at sea is mandatory

Foreign policy is part of all of them

Elaborating "Strategic Concepts”

GENERAL RESPONSIBILITIES OF THE STATE

DELIVERING OUR OBJECTIVES (UK)

•Objective 1: To promote a secure international maritime domain and uphold international maritime norms

•Objective 2: To develop the maritime governance capacity and capabilities of states in areas of strategic maritime importance

•Objective 3: To protect the UK and the Overseas Territories , their citizens and economies

by supporting the safety and security of ports and offshore installations and Red Ensign Group (REG)-flagged passenger and cargo ships

•Objective 4: To assure the security of vital maritime trade and energy transportation

routes within the UK Marine Area, regionally and internationally

•Objective 5: To protect the resources and population of the UK and the Overseas

Territories from illegal and dangerous activity, including serious organised crime and

terrorism

PROMOTE THE DEVELOPMENT

PROMOTE THE SECURITY

• Depends on threats and risks at national and international level

• Became Contracting Governments of conventions / codes

SOLAS / STCW / SUA / GMDSS / ISPS / PSC

• Safety –

to give confidence to the navigation

rescue system

combating pollution

• Protecting resources - including cultural heritage

• Deter and crack down on violations of the law and ensure normality of

maritime traffic (necessary to know maritime situation)

• Scientific research - knowing and evaluating existing wealth

• States have the advantage in promoting cooperation:

Internal -improve effectiveness and efficiency

International -information exchange

PROMOTE MILITARY DEFENCE

• Naval Force system:

Amounts and Expenses

• Long-term planning

• Onshore structures / training / maintenance

• Study of the internal and external situation

• Naval forces

naval presence

naval diplomacy

ONU / UN

Organização das Nações Unidas / United Nations

• Founded: 24 Oct, 1945, with the ratification of its

Charter by the five permanent members of the

Security Council (France, Republic of China, Soviet

Union, United Kingdom and the United States) and

by the majority of the other 46 signatory countries (replaces the Society of Nations 1919-1946)

• Objective: to facilitate cooperation on international

law, international security, economic development, social progress, human rights and the realization of world peace

CNUDM / UNCLOS

Convenção das Nações Unidas para o Direito do Mar /

United Nations Convention on the Law Of the Sea

I UN Conference (Geneva 1958)

II UN Conference (Geneva 1960)

III Conference (New York 1973 - Montego Bay 1982)

•Territorial Waters - up to 12 mi

•High Sea - from 12 mi

•Contiguous zone - from 12 to 24 mi

•EEZ - up to 200 mi

•Continental Shelf Extension

OMI / IMO

Organização Marítima Internacional / International Maritime Organization

• In 1948 , the Maritime Intergovernmental Advisory

Organisation was established in Geneva;

• In 1982 its name was changed to the International

Maritime Organization

• It is a specialized UN agency;

• Objective: to create a system of collaboration

between governments on technical issues of

international trade navigation, as well as to

encourage the general adoption of standards on

maritime safety and the effectiveness of navigation

SOLAS CONVENTION

• It is the most important treaty on maritime safety

• The first version of SOLAS was signed in 1914 (SOLAS – Safety

Of Life At Sea CONVENTION)

• It is a direct consequence of the Titanic accident

- 1928 the 2nd Amendment was adopted,

- 1948 the 3rd

- 1965 the 4th.

• On 01Nov1974 - adoption of SOLAS 74

• On 11Nov1988 - adoption Protocol 88

• Amendments

2006 (May)

2010 (May)

2010 (November)

SOLAS Convention consists of 9 Articles (setting out the general obligations,

amendment procedures), followed by an Annex divided into 14 Chapters:

Chapter I – General Provisions

Chapter II – 1 – Construction-Subdivision and Stability, Machinery and Electrical Installations

Chapter II – 2 – Fire Protection, Fire Detection and Fire Extinction

Chapter III – Life-saving Appliances and Arrangements

Chapter IV – Radiocommunications

Chapter V – Safety of Navigation

Chapter VI – Carriage of Cargoes

Chapter VII – Carriage of Dangerous Goods

Chapter VIII – Nuclear Ships

Chapter IX – Management for the Safe Operation of Ships

Chapter X – Safety Measures to Enhance Maritime Safety

Chapter XI-1 – Special Measures to Enhance Maritime Safety

Chapter XI-2 – Special Measures to Enhance Maritime Security

Chapter XII – Additional Safety Measures for Bulk Carriers

Chapter XIII – Verification of Compliance

Chapter XIV – Safety Measures for Ships Operating in Polar Waters

MARPOL CONVENTION 73/78

• International Convention for the Prevention of Pollution by Ships, 1973, amended by the 1978 Protocol Entered into

force on 2Oct1983

• Objective: the establishment of rules for the complete

elimination of intentional pollution of the environment by oil and other harmful substances from ships, as well as the

minimization of accidental discharge of those substances into the air and the marine environment.

• Member states are responsible for ships and vessels

registered in their respective flags

STCW CONVENTION

Standards of Training, Certification and Watchkeeping for Seafarers Padrões de Instrução, Certificação e Serviço de Quarto para Marítimos

• Objective: To establish international standards for

the training of seafarers, issuance of qualification

certificates for on-board functions and room service

on seagoing vessels

• Situation : Adoption : 07Jul78

Effective: 28Apr1984

Amendments in 1995 and 2010

• STCW-F for fishing vessels (vessels larger than 24m)

comes into force Oct 2011

RIEAM -72

International Regulation to Prevent Collision at Sea

• It contains the rules of maneuver at sea, ships lights, sound signals …

• It was completed at the conference in London on

20Oct72 by the Maritime Intergovernmental Advisory Organisation (predecessor of IMO)

• The 1972 rules replace the 1960 rules annexed to the Final Act of the International Conference for the Safety

of Life at Sea

• Amendments in 1981, 1987, 1989, 1993 and 2001

RIEAM -72

International Regulation to Prevent Concussions at Sea

SAR CONVENTION

International Convention on Maritime Search and Rescue, 1979 Convenção Internacional Sobre Busca e Salvamento Marítimo, 1979

• Objective: To establish international standards for

search and rescue operations in cases of maritime

accidents

• Situation: Adoption: 27/04/1979

Entry into force: 22/06/1985

SAR CONVENTION - Areas of Responsibility

SFV CONVENTION – 77

Safety of Fishing Vessels / Segurança de Navios de Pesca

• Objective: To establish the minimum

requirements for the construction and safe

operation of fishing vessels larger than 24m.

• Situation: Adoption: 02Abr1977 in Torremolinos

• Validity: The Convention has not entered into

force and was replaced by its Protocol of

2Apr1993, which has not yet entered into force.

STATUS OF CONVENTIONS - PORTUGAL

CODES

IMDG CODE

International Maritime Dangerous Goods Código Marítimo Internacional de Produtos Perigosos

• Objective: To lay down the provisions for

packaging, packaging, labelling, documentation, stowe, etc., relating to dangerous goods, which crew members and carriers must take care of in order to be accepted for sea transport.

• Situation: The IMDG Code, adopted by Res

MSC.122(75), became mandatory, as of January

2004, by amendment to Chapter VII of the SOLAS Convention (adopted by Res MSC.123(75)).

ISM CODE

International Management Code for the Safe Operation of Ships and for Pollution Prevention Código Internacional para a Gestão Segura da Operação de Navios e para a Prevenção da

Poluição

• Objective: To establish an international standard for the safe

operation and management of ships and for pollution

prevention.

• Situation: It is a mandatory Employment Code, in accordance

with Chapter IX of the SOLAS Convention.

This Code was:

 adopted by Resolution A.741(18) of 11/17/1993 and modified

by Resolutions MSC.104(73), 179(79), 195(80) and 273(85)

 The guidelines for their implementation by administrations

were promulgated by Resolution A.913(22).

ISPS CODE

International Ship and Port Facility Security Code Código Internacional para a Proteção de Navios e Instalações Portuárias

 Objective: To establish an international structure involving

cooperation between Contracting Governments, Government agencies, local administrations and the port and shipping

industries in order to detect threats to protection and to take preventive measures against protection incidents affecting

ships or port facilities used in international trade

 Consisting of Part A that provides mandatory requirements and Part B that provides guidance for implementation

 Adopted on 12 Dec 2002 and entered into force on 01Jul2004.

 It was integrated into the Solas 74 Convention as Chapter XI

SFV CODE

Code of Safety for Fishermen and Fishing Vessels Código de Segurança para Pescadores e Barcos de Pesca

• Situation: The Code (not mandatory) is the result

of a joint effort between FAO (Food and

Agriculture Organization of United Nations), ILO (International Labour Office) and IMO

• Consists of two parts:

 Part "A" related to safety and health practices for

Commanders and Crews;

 Part "B" addresses safety and health requirements for the construction and equipment of sea fishing vessels

INTERNATIONAL ORGANIZATIONS

ILO /OIT

International Labour Organization / Organização Internacional do Trabalho

• International organization responsible for

defining and verifying the application of

international labor standards

• Tripartite UN Agency: brings together

representatives of workers' governments and

employers who jointly discuss and approve

policies and programs promoting "honest and

convenient work" for all

• This particular arrangement of The ILO allows the incorporation in the discussion of knowledge of

"real work" in its different aspects

ITU – International Telecommunication Union

• Specialized Agency responsible for matters

relating to information and communications

technology

• Coordinates the use of radio spectrum at global level

• Promotes international cooperation for the

establishment of satellite orbits

• Supports the development and coordination of technical standards

IALA / AISM

International Association of Lighthouse Authorities /

Association Internationale de Signalisation Maritime

• To ensure that sailors find, on their route, necessary

aid and information that they are able to recognize and interpret without ambiguity

• It publishes "recommendations" on a number of

subjects

• World-renowned maritime signaling body.

• Publishes the "Maritime Signaling Regulation"

IALA / AISM signalling regulation

IHO International Hidrographic Organization

• Inter-governmental organization representing the hydrography of the global community and enjoys observer status at the UN.

• Competent authority recognized in

hydrographic surveys and maritime charts

• When referring to hydrography and nautical cartography in conventions and similar

instruments, it is the IHO standards and

specifications that are normally used

Portuguese HYDROGRAPHIC INSTITUTE

Responsible for editing:

EMSA - European Maritime Safety Agency

• EU Agency (based in Lisbon) providing technical

assistance and support to Member States in the

development and implementation of EU legislation

on maritime safety, ship pollution and maritime

security

• It ensures functions in the field of pollution response, navigation monitoring and in the identification and follow-up of long-distance vessels

MSI Ố Maritime Safety Information INFORMAđấO DE SEGURANđA MARễTIMA

Ễ Information needed for sailors for safe navigation

Ễ Common procedures in the collection, promulgation and distribution of information

Ễ Coordinated internationally and transmitted in the form of:

 ANAV - Navigation Notices

 Weather Information

SERVIđO MUNDIAL DOS AVISOS ầ NAVEGAđấO

WWNWS - World Wide Navigational Warning Service

Ễ Collaboration between OHI and IMO to

improve navigation safety standards by

dissecting navigational hazard information.

Ễ OHI publication serves as a guide and is an

explanation of WWNWS for the promulgation

of NAVAREA and coastal warnings

Ễ The Hydrographic Institute, through the

"Manual of Warnings to Navigation and

Warnings to Navigators", provides information

on the organization of this Service in Portugal