SOSREP: F. R. Chowdhury (1N)

In recent days I wrote two articles keeping in view that our future Merchant Shipping Act is soon going to be finalised. I am really delighted to see the response from the marine community. They are very keen to know more and they would like the MSA to include all the latest ideas and concepts. This encourages me to write another article today.

It was on 19-November-2002 that 26 years old Bahamian flagged tanker “Prestige” with 77,000 tons of crude oil went down about 130 miles from the Galicia coast. It was one of the worst environmental disasters for Spain, France and Portugal. It was in rough sea condition that on 13-November-2002 a tank gave way spilling oil. The master of the ship requested for sheltered space in Spain so that the vessel could transfer the oil from the damaged tank to another tanker and then stabilize the ship under new condition. Alternatively, if the damage was serious enough to prevent sailing, then to discharge all cargo and bunker to another tanker, to prevent environmental disaster.  The master also said the entire operation could be done in a place enclosed by booms to recover the spillage. Perhaps it was possible to do so with minimum damage to environment but nobody would like to take the responsibility. Everybody wanted to get rid of it.

SOLAS-74 Chapter-V (Safety of Navigation) got an amendment whereby coastal states are expected to assist vessels in distress as was the case with “Prestige”. However, the Convention cannot make it mandatory for any state to take a particular action. This gave enough latitude for the administration to refuse any shelter facility and the Spanish administration did exactly the same. Instead Spain preferred to apply its discretion given under another Convention (Intervention) that allows a state to take early action if a disaster at sea is likely to affect the state. In this case the state may ask the relevant vessel to keep away or if necessary, may even take such vessel away from its own waters so long any such action does not adversely affect another state.

While exercising their option under Intervention Convention it was apparent that Spain had no preparation for such action. First of all the designated person must identify himself and state that it was for Spain that he was exercising the powers under Intervention Convention. Nothing was done that way. Instead of that a person identifying as a Captain of the Port asked the master to steer the vessel in a particular direction. Little later an Admiral came on the microphone who threatened the master of serious consequences unless he complied with the instructions. In stormy sea condition how much can you do with a disabled vessel. The ship brought an abrupt end to all arguments as it sank with all 77,000 tons of oil cargo and the bunker. The coastal states rescued the master and the crew. Thanks for this humanitarian gesture.

To cover all their shortcomings the Spanish authority immediately arrested the master of the ship and kept him in jail for quite a long period without even bringing any charges against him. It is not understood why the Flag State Bahamas never conducted a judicial inquiry. Even Spain could hold one by virtue of being the port and coastal state; but they also preferred to bury the matter quickly. The real reasons still remain in speculations – old tanker, rough sea, refusal of shelter facility etc. etc. The master of the ship (several years of experience as a tanker master) spent a period in jail for no fault of his. This should not happen again.

The United Kingdom quietly observed all that happened and tried to learn what they did not know so far. It was on 5^th January, 1993 that disabled tanker “Braer” hit the Scottish coast causing a big oil spill and pollution that kept UK watching and doing nothing. UK was already a party to Intervention Convention but had done nothing about follow-up administrative arrangements. There was no unified command with powers to employ services of available resources. This time (after “Prestige” incident) UK made positive arrangements so that it does not have to sit tight watching but actually to play its role for saving the earth from repeated pollution. UK came up with a solution by creating a post of SOSREP (Secretary of State Representative) who shall exercise the powers of the secretary of state in a unified command with all resources available nationally at his disposal to take the most prudent action to save life, property and environment. SOSREP is not a full time job to sit idle until a disaster happens. He is a MCA employee (with good knowledge of search, rescue and salvage) but when he thinks an incident has turned into a situation that requires on the spot decision and action, he shall take over his role as SOSREP. At this point he shall have full powers to utilise any of the resources (men and equipment) of the port authorities or coast-guard. In future, everybody knows what to do.

The idea of writing this article now is to remind all maritime nations to ensure that they have appropriate legal and administrative arrangements to face any such situation with best possible course of action to limit the damage. In respect of environment we must remember that we have only one world to save. Let us be ready and prepared. Let us not wait for disaster to happen.

London, 05-July-2020                                                                  <fazlu.chowdhury@btinternet.com>