Britain toughens stance on pollution

Britain toughens stance on pollution

Britain toughens stance on pollution

Britain is to enact tougher legislation on non-oil marine pollution after publication on 29 October 1998 of the Marine Accident Investigation Board report into the Cita grounding of March 1997. It will also press opposition to one man bridge operation within the International Maritime Organisation.

In addition, the government pledged to step up its fight for compensation from the vessel's German owners. Transport minister John Reid said: "We will continue to pursue the owners of the Cita, through the German courts if necessary, in respect of the outstanding claims against them".

Antigua-flagged and Polish-crewed 1977-built 3,083gt conbulker Cita was declared a constructive total loss after running aground at Newfoundland Point off the Isles of Scilly while heading westwards at 18 knots. Pollution from bunkers was light, but Cita's deck cargo of containers was subsequently washed up, generating free-for-all scenes as local residents helped themselves to doors, clothes, tyres, trainers, computer equipment and rolls of plastic film.

As most of these items are not marine pollutants under international definitions, it remains unclear who should foot the bill for the damage caused.

Settled

A number of claims have not been settled by the owners and the insurers, and the municipal authorities have been left »100,000 ($170,000) out of pocket.

The vessel was owned by Germany's Reederei Gerd A. Gorke, and on charter to Bugsier Line, where she was traded on a feeder service linking Britain and Northern Ireland to Antwerp.

"Steps will be taken to amend UK law to clearly establish liability and responsibility with UK waters," a statement from the Department of the Environment, Transport and the Regions said. Primary legislation will be introduced to provide a national regime for dealing with cargoes which, while not marine pollutants, require action to protect the environment and the safety of coastal waters. A major factor in the incident was that the sole watch-keeper on the bridge fell asleep and failed to correct Cita's course. A watch alarm was fitted, but not turned on.

The master and mate were subsequently fined »2,000 and »1,500 respectively under section 58 of the 1995 Merchant Shipping Act, after pleading guilty to neglecting their duties.

Among the recommendations contained in the report were:

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  the Maritime and Coastguard Agency should revise instructions to stress that surveyors should assess owners' written instructions on watch-keeping and watch alarms;

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  a Marine Guidance Note should draw attention to UK legislation requiring a lookout in addition to the watch-keeper during darkness;

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  the Internet and other means should be used to circulate information affecting non-UK vessels;

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  the requirement for a lookout at night should be pressed within the International Maritime Organisation, as it is not explicit in the Standards of Training, Certification and Watch-keeping convention 1995;

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  the Department of Transport, Environment and the Regions should quiz Antigua on how "a ship on their register was sailing in UK waters without regard for STCW 78 or abiding by UK statutory instruments";

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  clear guidelines should be produced on procedures the authorities should follow where cargo is washed ashore; and

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  the receiver of wreck should issue guidelines for local authorities and police forces.

All of the bodies to which the recommendations were addressed said that they accepted them.

(Lloyd's Casualty Week, Vol. 314 No. 5, 30 October 1998).