Redegørelse fra Miljøstyrelsen, 1/2004 – Redegørelse om udpegning af nødområder i de danske farvande

Redegørelse om udpegning af nødområder i de danske farvande

Summary and conclusions

This report deals with preliminary designation of places of refuge as part of implementation of Article 20 of the Directive 2002/59/EC on a Community vessel traffic monitoring and information system (see bilag A)

There has been emphasis on establishing a list of places of refuge distributed geographically evenly in the immediate vicinity of the main shipping lanes through Danish waters. However, the nature of Danish waters makes it difficult to indicate places of refuge that can be used without reservation under all conditions. Therefore, the places of refuge that have been designated reflect these difficulties.

In general there has been priority that ships with a draught of 10 metres and more should be able to use the designated places of refuge. At the same time, in the shallow Danish coastal waters there are significantly more suitable places of refuge for ships with a draught of less than 10 metres.

Priority has also been placed on ensuring that potential pollution can be contained in as best possible. Therefore, a number of ports have been designated to which a ship in need of assistance with high pollution potential could be assigned so that possible pollution of the aquatic environment can be restricted to the port area using cut-off barriers. Before a place of refuge is assigned to a ship in need of assistance, there must be no danger of emissions of toxic fumes, particles, or explosion that could expose the local population to unnecessary health risks.

Initially, 14 places of refuge have been designated where ships in need of assistance with a high pollution potential can be assigned: Esbjerg Harbour, Thyborøn Harbour, Hanstholm Harbour, Hirtshals Harbour, Ålbæk Bugt, Frederikshavn Harbour, Grenå Harbour, Kalundborg Harbour, Knudshoved Harbour, Lindholm Terminal, Langelandsbælt, Københavns Red ankerområde 2, Bøtø Øst, and Rønne Harbour.

In addition, 8 places of refuge have been designated for use in cases with ships with low pollution potential: Pakhusbugt (Isle of Anholt), Fredericia, Kalundborg Fjord, Romsø Syd, Lindeskov Flak, Køge Flak Øst, Vang Pier, and Tejn Bugt.

However, it cannot be excluded that acute situations may arise where places outside the established places of refuge will be assigned because of the nature of the event, special weather conditions, etc.

In the end, the list of preliminarily designated places of refuge should be regarded as a catalogue of places that are relevant today. At a later juncture needs may arise for places of refuge in other parts of Danish waters, for example if the frequency of maritime oil transport through the Little Belt area becomes significantly more intensive.

During preliminary designation of possible places of refuge, it has not been necessary to include detailed information about the local areas such as information about commercial activities in an area or conservation aspects, fishing, location of monitoring stations, listed shipwrecks, or spawning areas.

During the next phase in the establishment of places of refuge, in accordance with the IMO guidelines, specific plans will be prepared for each designated area. The plans will contain all relevant information regarding possibilities for tug boats and towing assistance, availability of fire-extinguishing equipment and baling/pumping equipment, reaction times for environmental facilities, including oil pollution combattingships, as well as other relevant information on both state and private equipment available from the immediate vicinity to the area.

Figure 1B. Places of refuge for ships in distress in need of assistance with either a high (?) or a low (?) potential for polluting the marine areas.

Figure 1B. Places of refuge for ships in distress in need of assistance with either a high (?) or a low (?) potential for polluting the marine areas.

In relation to a ship in need of assistance, the registered owner of the ship is strictly but limited liable for expenses incurred in connection with operations for the clean up or limitation of pollution damage. In cases of pollution damage from oil carried as cargo in bulk, the registered owners' liability is supplemented by a requirement for compulsory insurance, and work is carried out in order to introduce a similar requirement for compulsory insurance against pollution damage from oil carried as bunkers and damage from hazardous and noxious substances.

In cases of pollution by heavy and polluting oil carried as cargo, the level of compensation is very high because experience with these types of accidents shows that they may entail very high expenses. Experience shows that other types of pollution damage are not as costly, and the compensation available has therefore been fixed at a lower level for these types of damage. The old limits in the 1976 LLMC are, however, not adequate in all cases, and Denmark has, as one of the first countries in the world, therefore decided to put the new limits in the 1996 Protocol in force before the international entry into force of the Protocol.

Location of oil pollution combattingships has been on the basis of an understanding of where traffic intensity is greatest and where it is most difficult to navigate; ie. in the Great Belt and Øresund, where there are bridges and narrow waters, etc. With regard to location of emergency stores, these are spread as much as possible to cover the whole of Denmark.

The location of oil pollution combattingships may, however lead to a certain amount of reaction time, especially with regard to the west coast of Jylland and around Bornholm. In addition, it is only the bigger oil pollution combattingships that due to the weather conditions may be inserted along the coast of Jylland. These units are on 16-hours' notice. On the basis of the designation of places of refuge and the national vulnerability study, there will be reassessments of whether the state emergency services should enter into a cooperation agreement with emergency units of off-shore operators with a view to shortening reaction times for situations with ships in the North Sea.

With regard to towing capacity for a ship in need of assistance, a number of private firms operate in the Danish area. As there is no general tradition for establishing state competitors to private companies in Denmark, the working group does not consider there is reason to propose establishing further tug boat and towing capacity under the auspices of the state.