GRANT OF OBSERVER STATUS

Transcription

1 Agenda Item 1 IOPC/OCT18/1/3 Date 1 October 2018 Original English 1992 Fund Assembly 92A Fund Executive Committee 92EC71 Supplementary Fund Assembly SA15 GRANT OF OBSERVER STATUS Note by the Secretariat Summary: Action to be taken: Cedre (Centre of Documentation, Research and Experimentation on Accidental Water Pollution) has applied for observer status Fund Assembly (a) Establish a group of five States to examine the request for observer status and report its findings to the governing bodies; and (b) decide whether to grant observer status to Cedre. Supplementary Fund Assembly (a) Note decision of the 1992 Fund Assembly; and (b) decide whether to grant observer status to Cedre. 1 Introduction 1.1 Cedre (Centre of Documentation, Research and Experimentation on Accidental Water Pollution) has applied for observer status. 1.2 Pursuant to Article of the 1992 Fund Convention, the 1992 Fund Assembly shall determine which intergovernmental and international non-governmental organisations shall be admitted to take part, without voting rights, in meetings of the 1992 Fund Assembly and subsidiary bodies. At its first session the 1992 Fund Assembly adopted Guidelines on relations between the International Oil Pollution Compensation Fund 1992 (1992 Fund) and intergovernmental organisations and international nongovernmental organisations (document 92FUND/A.1/34/1). These Guidelines contain the following criteria for the granting of observer status to international non-governmental organisations: Observer status may be granted by the Assembly to an international non-governmental organisation, at its request, if: (a) the organisation concerned is of truly international character and its objectives are in harmony with those of the 1992 Fund; (b) it has aims, responsibilities or activities in the fields related to those of the 1992 Fund or which are of concern or interest to the 1992 Fund, particularly in connection with pollution and environmental matters, maritime and shipping affairs, marine insurance, production or transport of oil or relevant questions of international law; and

2 IOPC/OCT18/1/3-2 - (c) it is able to make a contribution to the work of the 1992 Fund, for example by providing specialised information, advice or expertise, or by identifying or helping to procure the services of experts or consultants, or by otherwise furnishing technical assistance or by making research facilities available. 1.3 There are 16 non-governmental organisations which have observer status with the 1992 Fund: BIMCO, Comité Maritime International (CMI), Conference of Peripheral Maritime Regions (CPMR), European Chemical Industry Council (CEFIC), Iberoamerican Maritime Law Institute (IIDM), International Association of Classification Societies (IACS), International Chamber of Shipping (ICS), International Group of P&I Associations, International Salvage Union (ISU), International Spill Control Organization (ISCO), International Union of Marine Insurance (IUMI), INTERTANKO, ITOPF, Oil Companies International Marine Forum (OCIMF), Sea Alarm Foundation and World LPG Association (WLPGA). 1.4 In April 2018, the 1992 Fund Administrative Council decided to adopt a new procedure for considering requests for observer status, whereby a group of five Member States would be appointed during the opening of a session of the 1992 Fund Assembly to examine requests for observer status and make a recommendation based on its findings at that session <1>. In light of this decision, the 1992 Fund Observer Status Guidelines were amended accordingly to include the new procedure, under paragraph B.2 of those Guidelines <2>, which reads as follows: 2 Cedre The Assembly may decide to seek the advice of a group formed of five Member States, nominated at the opening of a session. The group will examine the request for observer status based, in particular, on the criteria listed in paragraph B.1 and report its findings to the Assembly at that session. 2.1 Cedre has provided the following information on its activities and has indicated those areas in which it has interests in common with the 1992 Fund. The English translation of the letter requesting observer status is attached at Annex I. 2.2 General Information Cedre is a non-governmental organisation founded in France, in It is comprised of some 50 doctors, engineers and technicians, specialising in the area of prevention of accidental water pollution by oil in marine water and inland waters. Its scope also covers hazardous chemicals as well as all other types of pollutants. At present Cedre obtains more than half of its funding from contracts with industry, States, international and foreign public service sectors. 2.3 Work of the organisation Cedre s scope of activity mainly focuses on response preparedness through training, site audits and the development of emergency anti-pollution plans, testing of products, materials and equipment, as well as studies and research programmes. In terms of response, Cedre mainly provides advice and expertise to the authorities in charge of operations, from the Cedre command post in Brest or directly on site and provides environmental monitoring and the management of lessons learned from accidental water pollution incidents. <1> See document IOPC/APR18/9/1, paragraph <2> The revised Guidelines on relations between the International Oil Pollution Compensation Fund 1992 (1992 Fund) and intergovernmental organisations and international non-governmental organisations are attached at Annex II of this document.

3 IOPC/OCT18/1/ Cedre also shares and disseminates information, publishes and distributes manuals, guides and newsletters, which includes sharing knowledge with stakeholders through training courses, and in particular through lectures given by practitioners within the maritime industry Cedre maintains a comprehensive website where such information is freely available in English and French at It also contributes actively to the work of the International Maritime Organization (IMO) on matters related to oil and chemical pollution awareness and response Since its establishment, Cedre has developed and maintained close links to the IOPC Funds and has been engaged as experts for the IOPC Funds on a number of occasions, notably for the Aegean Sea, Sea Prince, Nakhodka and Nissos Amorgos incidents. 2.4 Objectives of the organisation Cedre s fundamental purpose is to provide advice and expertise to French and foreign authorities and private businesses in charge of spill response. In doing so, Cedre strives to uphold three core values: (a) Expertise: over the years, Cedre has built up its spill response knowledge and skills through its field experience, scientific knowledge and efficient information collection; (b) Efficiency: Cedre is constantly looking ahead to anticipate the needs and requests of its partners and clients, yet is also able to proficiently respond to urgent requests; and (c) Environmental protection: from pre-spill preparedness to post-spill restoration, Cedre s actions always focus on reducing environmental impacts to a minimum while integrating personal protection and economic aspects. 3 Director s considerations Having considered the information provided by Cedre, the Director is of the view that Cedre meets the criteria for the granting of observer status to international non-governmental organisations. The IOPC Funds have over the years benefitted directly from Cedre s expertise and assistance for a number of incidents which demonstrates that Cedre is an organisation of truly international character, that its objectives are in harmony with those of the 1992 Fund, and that its aims, responsibilities and activities are clearly related to those of the 1992 Fund. There is no doubt that Cedre is able to make a contribution to the work of the Funds and the Director therefore recommends that the organisation be granted observer status to the 1992 Fund. 4 Action to be taken Fund Assembly The 1992 Fund Assembly is invited to: (a) establish a group of five States to examine the request for observer status and report its findings to the governing bodies; and (b) decide whether to grant observer status to Cedre.

4 IOPC/OCT18/1/3-4 - Supplementary Fund Assembly The Supplementary Fund Assembly is invited to: (a) take note of the decision of the 1992 Fund Assembly; and (b) decide whether to grant observer status to Cedre. * * *

5 ORIGINAL: French ANNEX I IOPC Funds For the attention of the Director 4 Albert Embankment London SE1 7SR United Kingdom Brest, 16 August 2018 Dear Sir, I have the honour to hereby submit an application for the grant of observer status to the 1992 Fund for Cedre (Centre of Documentation, Research and Experimentation on Accidental Water Pollution). Cedre was formed at the beginning of 1979, with not-for-profit, non-governmental association status (Act 1901) to cover the area of prevention of accidental water pollution by oil in marine waters. In 1985, its scope was extended to inland waters and hazardous chemicals, and then to all types of pollutants. While at the time of its establishment, Cedre had only a single partner, funder and client, the French State, that situation changed rapidly (1984) to arrive at the present situation where Cedre obtains more than half its funding from contracts with private industry, States and international and foreign public services. Cedre s scope of activity covers: Response preparedness, especially through training (over people trained annually), site audits and development of emergency anti-pollution plans, testing of products, materials and equipment, as well as studies and research programmes the list is not exhaustive. Response, mainly through the provision of advice and expertise to authorities in charge of operations, from the command post in Brest or directly on site. Post-crisis actions, notably environmental monitoring and management of lessons learned from accidental water pollution incidents. In addition to its technical activities, Cedre also has an important role in sharing and disseminating information, publication and distribution of manuals, guides and newsletters. This includes sharing knowledge with actors in the maritime industry, for example, through the training course Merchant ships and the role of maritime transport stakeholders in the event of accidental pollution, the objective of which is to give operational personnel a more detailed view of the industry, in particular through lectures given by shipowners, insurers, lawyers, classification societies, ship safety centres, court officers... Attached to this letter you will find some documents produced by us, in English and French, and our last annual activity report, to complete this submission. Since its establishment, Cedre has maintained close links with the IOPC Funds and has frequently carried out expert studies on its behalf. Our team, which comprises some fifty doctors, engineers and technicians, all from the private sector, always follows the work of the Funds with great interest, as it matches that of Cedre and supplements its knowledge, thus allowing better dissemination of that knowledge to our partners and clients. IOPC/OCT18/1/3, Annex I, page 1

6 I remain at your disposal to provide you with any further information that you may wish to receive. Yours faithfully Stephane DOLL Director of Cedre [signed] * * * IOPC/OCT18/1/3, Annex I, page 2

7 ANNEX II (as amended at the 17th session of the 1992 Fund Administrative Council held from 30 April 2 May 2018) GUIDELINES ON RELATIONS BETWEEN THE INTERNATIONAL OIL POLLUTION COMPENSATION FUND 1992 (1992 FUND) AND INTERGOVERNMENTAL ORGANISATIONS AND INTERNATIONAL NON-GOVERNMENTAL ORGANISATIONS A Intergovernmental organisations 1 The United Nations and the International Maritime Organization and any other specialised agency of the United Nations whose interests and those of the 1992 Fund are of common concern, will be invited to be represented by observers at all meetings of the Assembly and may be invited, as appropriate, to meetings of subsidiary bodies. 2 The Assembly will consider requests to be represented by observers received from other intergovernmental organisations whose aims and activities are relevant to those of the 1992 Fund or which are interested in the work of the 1992 Fund. An invitation to attend a session of the Assembly or other meeting may, subject to confirmation by the Assembly, be issued by the Director to any organisation making such a request. The Assembly may decide that invitations be sent to such an organisation either for a specific session or meeting or on a regular basis. 3 An agreement for co-operation may, with the approval of the Assembly, be concluded between the 1992 Fund and any intergovernmental organisation, if it is in their mutual interest to do so. The agreement may provide, where appropriate on a reciprocal basis, for admission as an observer, exchange of information, consideration of suggestions for agenda items, consultation on programmes and joint activities and other practical co-operation. B International non-governmental organisations 1 Observer status may be granted by the Assembly to an international non-governmental organisation, at its request, if: (a) the organisation concerned is of truly international character and its objectives are in harmony with those of the 1992 Fund; (b) it has aims, responsibilities or activities in the fields related to those of the 1992 Fund or which are of concern or interest to the 1992 Fund, particularly in connection with pollution and environmental matters, maritime and shipping affairs, marine insurance, production or transport of oil or relevant questions of international law; and (c) it is able to make a contribution to the work of the 1992 Fund, for example by providing specialised information, advice or expertise, or by identifying or helping to procure the services of experts or consultants, or by otherwise furnishing technical assistance or by making research facilities available. 2 The Assembly may decide to seek the advice of a group formed of five Member States, nominated at the opening of a session. The group will examine the request for observer status based, in particular, on the criteria listed in paragraph B.1 and report its findings to the Assembly at that session. IOPC/OCT18/1/3, Annex II, page 1

8 3 Observer status may be granted on a provisional basis for a period normally not exceeding three years. 4 Observer status will be withdrawn if the Assembly considers that there is no further advantage to the 1992 Fund in continuing with the same or if any conflict of interests arises or is likely to arise between the respective activities of the 1992 Fund and the organisation concerned. 5 The Assembly will review every three years the list of international non-governmental organisations having observer status in order to determine whether the continuance of observer status for any particular organisation is of mutual benefit. 6 The Assembly may decide to seek the advice of a group formed of five Member States nominated at the opening of a session for the review of organisations having observer status. The group will make an assessment based, in particular, on the criteria listed in paragraph B.1 and report its findings to the Assembly at that session. IOPC/OCT18/1/3, Annex II, page 2