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TRABAJO SOCIAL: REFLEXION Y RETOS EN LA PRACTICA

It is important to note that in the event of an oil or hazardous and noxious substances spill at sea or at terminals, time is the most important factor for an immediate response operation. It will be possible to take a quick action to protect or minimise the spillages from getting worse. In view of this, it is necessary that oil terminals, ports and oil handling facilities (or refineries) to have oil pollution emergency plans.

According to part II of the IMO Manual on Oil Pollution an analysis of oil spill incidents between 1974 and 1990 indicates that over 70% occurred in port during loading and discharging operations and a further 12% were from ships in port that were engaged in bunkering operations. The majority of the incidents involved spill volumes of less than 7 tonnes and it is therefore important that the authorities and terminal operators develop plans designed to respond to the most likely spill scenarios.

The authorities or operators should follow the same general outlines as a national contingency plan when preparing seaport, offshore platforms, or oil handling facility

oil spill contingency plans. (See Appendix 2) Potential location of spills and types of oil are more easily identified in ports and terminals. However, in preparing oil emergency plans due consideration should be given to all emergency incidents which could occur, such as collision, groundings and fires. The issues and essential elements of these plans are shown in detail in appendices 3 and 4.

Article 3 of the 1990 Oil Pollution Preparedness, Response and Co-operation (OPRC) gives provisions for the establishment of oil pollution emergency plans by vessels, offshore units, seaports and oil handling facilities. This article states:

1. (a) Each State party is required that ships entitled to fly its flag have on board a shipboard oil pollution emergency plan as required by and in accordance with regulation 26 of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973 as amended by the protocol of 1978 relating thereto, as amended (MARPOL 73/78).

(b) A ship required to have on board an oil pollution emergency plan in accordance with subparagraph (a) of this article is subject, while in a port or at an offshore terminal under the jurisdiction of a State party, to inspection by officers duly authorised by that state party, in accordance with the practices provided for in existing international agreements (i.e. article 5 and 7 of MARPOL 73/78) or its national legislation.

2. Each State party requires that operators of offshore units under its jurisdiction have oil pollution emergency plans, which are co-ordinated with national system established in accordance with procedures established by the competent national authority.

3. Each State party requires that authorities or operators in change of such sea ports and oil handling facilities under its jurisdiction as it deems appropriate have oil pollution emergency plans or similar arrangements which are co-ordinated with the national system established in accordance with article 6 and approved in accordance with procedures established by the competent national authority. If petroleum terminals within a port are independently owned and operated, spillages at a terminal should initially be the responsibility of the operator. The port

authorities should be advised of the spill and should take appropriate measures to ensure the safety of other vessels and harbour installations and monitor the clean-up. If the spill proves to be beyond the capability of the terminal operator, the oil handling facility oil pollution emergency plan should make provisions for requesting additional resources from the port authorities or elsewhere.

The oil emergency plan should define accurately the types of incident with which it is intended to deal and who has authority to activate the plan. It should also delineate the geographical area covered by the plan. Reference should be made to any appropriate supporting legislation. The plan must be compatible with other emergency plans in the area.

However, in Eritrea, the two oil terminals located in Massawa have neither established their own organisational nor physical capability to respond to any oil spill that might occur during operational discharge and/or in case of accidents. According to the IMO Mission Report on the assessment of the ability of the State of Eritrea to respond to marine pollution emergencies, 1995 “the two fuel terminals in Massawa receive approximately 25 million litters of black oil annually and four times that much in ‘White’ products.’ This indicates that there is a potential threat of spill to the marine environment during loading and unloading operations.

The two Eritrean ports of Massawa and Assab have also neither the organisational nor physical capability to respond to an emergency of a spill of oil and hazardous and noxious substances. On the other hand, the Department of Maritime Transport (DMT) under the Ministry of Transport and Communications (MTC) has the organisational structure but lacks the physical capability (trained personnel and the necessary equipment). There is no designated person or agency to act as On-Scene Co-ordinator (OSC) which is the most critical element in mobilising the emergency response operations (persons and equipment).

However, recognising the threat of pollution by oil and hazardous and noxious substances posed on the Eritrean marine environment, the DMT considers as its highest priority to fill the gap of its organisational structure as well as to improve the safety and efficiency of the ports and shipping administrations. In demonstrating its

commitment, the DMT puts efforts into sending its employees to acquire knowledge and skills abroad for a higher and middle level education and training. Furthermore, it also exerts unreserved effort to have a technical assistance from IMO, among others, drafting the maritime legislation, maritime safety administration and national contingency plan which are at present in the pipeline. Therefore, in view of this the author believes that in the near future the Eritrean Maritime Administration (DMT), in co-operation with other concerned public and private sectors, will be capable to protect the Eritrean marine environment in particular, and the Red Sea or beyond in general.

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