Legal problems raised by the pollution of the sea - Consequences of the wreck of the Torrey-Canyon

Recommendation 585 (1970)

Author(s):

Parliamentary Assembly

Origin

Assembly debate on 24 January 1970 (19thSitting) (see Doc. 2697, report of theLegal Affairs Committee). Text adopted bythe Assembly on 24 January 1970 (19thSitting).

The Assembly,

1. Deploring thecontinuous destruction of nature and natural resources and the increasingpollution of sea-water ;

2. Fearing that the sea may become a dumpingground for refuse which the nations want to get rid of;

3. Alarmed bythe disastrous consequences which accidents with large-size tankers such as theTorrey Canyon may have for the marine flora and fauna and the sea coasts, aswell as for fishery and other forms of peaceful use of the sea and itsresources ;

4. Considering that other sources of sea-water pollution,including that resulting from radioactive waste of various kinds and dischargefrom ships, should be systematically assessed, and desirous that the FAO andUNESCO studies in this field should be expedited ;

5. Considering thatthe existing International Regulations for Preventing Collisions at Sea are notadequate and that they should be completed by measures obligatory for allcategories of ships, and especially for large-size tankers ;

6. Deploring the fact that each year several millions of tons ofhydrocarbons are deliberately discharged into the sea and that thousands ofbirds and fish and large quantities of marine micro-organisms are destroyed bythis pollution ;

7. Welcoming the measures which oil companies havebeen taking to reduce the quantity of oil discharged into the sea by developingnew techniques ;

8. Welcoming the agreement which they concluded amongthemselves to reimburse damage caused by accidental oil pollution ;

9. Welcoming the agreement which the North Sea bordering states concluded inJune 1969 on co-operation in dealing with pollution of the North Sea by oil;

10. Expressing the hope that similar agreements be concluded amongthe Baltic Sea states and the Mediterranean bordering countries and convincedthat everything must be done to prevent and suppress all sources of pollutionof the three seas mentioned above ;

11. Welcoming the amendments to theInternational Convention for the Prevention of Pollution of the Sea by Oil of1954 which were adopted in October 1969 by the Assembly of theIntergovernmental Maritime Consultative Organisation (IMCO), though consideringthat some of these amendments are still inadequate ;

12. Welcoming :

a the International Convention relating toIntervention on the High Seas in cases of oil pollution casualties ;

b the International Convention on Liability for Oil Pollution Damage,which were elaborated in November 1969 within the framework of IMCO;

13. Observing, however, that the second of theseConventions limits liability for reparation of damage to the shipowner, whereasthe new risk created by modern means of transport is due to the nature of thecargo, which mainly profits the shipper ;

14. Considering that thirdparty liability for tanker accidents should be unlimited and regrettingtherefore that a limit of 2,000 gold francs per gross tonnage and of 210million gold francs for any one disaster was agreed to in the absence of fault;

15. Welcoming, however, the strict objective liability, i.e.liability regardless of fault, which will be imposed, the compulsory insurancewhich shipowners will have to take out on their ships and the recommendationsof the recent Brussels Conference of IMCO for the establishment of a guaranteefund,

16. Recommends that the Committee of Ministers :

16.1 invite those member states which have notyet done so to :

a sign and ratify as soon aspossible the 1969 amendments to the International Convention for the Preventionof Pollution of the Sea by Oil of 1954 ;

b sign and ratify assoon as possible the two Conventions mentioned in paragraph 12 ;

c introduce as soon as possible effective penal and administrativesanctions in their national legislations to ensure the enforcement of theseConventions ;

17. invite memberstates to :

a give their full support to andpromote any efforts within IMCO for more effective international control of theenforcement of the above-mentioned Conventions ;

b elaboratenew provisions concerning the general problem of sea-water pollution and submitthem to IMCO for approval, paying special attention to the need to preservenature and natural resources ;

c give their full support toand promote the work of IMCO in the field of sea-water pollution, theprevention of accidents at sea and related matters, particularly with a view toestablishing, whenever and for whatever categories of ships necessary, suchmeasures as one-way routing in congested zones, compulsory sea lanes, maximumspeeds, and measures relating to shipborne navigational equipment and theperiodic testing of it, the look-out systems, the training of officers andcrews, the construction and maintenance of ships etc.;

d takecommon action in order to refuse access to their ports to oil tankers which arenot covered by appropriate third party insurance and which do not comply withcertain technical requirements ;

e further the setting up,within the framework of IMCO or at European level, of a fund to be financedfrom duties paid in by shippers on the basis of tonnage transported, to beconstituted as an international public institution managed by representativesof states and of trade organisations and which will contribute both to theprevention and control of accidents and to compensation for any prejudicesuffered by states or private persons as a result of oil pollution and notcovered byinsurance.