audit chamber for eu and international affairs …

AUDIT CHAMBER FOR EU AND INTERNATIONAL AFFAIRS

CHAMBER FOR THE PERFORMANCE AUDIT ON THE MANAGEMENT OF

THE STATE ADMINISTRATIONS

EFFICIENCY AUDIT OF MANAGING INTERVENTIONS IN CASE OF SUDDEN

POLLUTION IN THE ADRIATIC SEA




EFFICIENCY AUDIT OF MANAGING INTERVENTIONS IN CASE OF

SUDDEN POLLUTION IN THE ADRIATIC SEA

Rapporteurs

President Giovanni Coppola

Counsellor Giancarlo Antonio Di Lecce

Acknowledgements to Anna Teresa Piccinin for her collaboration in data processing and editing activities.

CONTENTS

EXECUTIVE SUMMARY ........................................................................................................................... 1

PURPOSE AND METHODOLOGY OF THE AUDIT ........................................................................................ 5

1. Purpose and methodology of the audit ..................................................................................................... 5

2. Audit queries .............................................................................................................................................. 5

THE PREVENTION, PREPAREDNESS AND RESPONSE SYSTEM FOR MARINE POLLUTION FROM SUDDEN AND

ACCIDENTAL SPILLS OF HYDROCARBONS AND OTHER NOXIOUS SUBSTANCES ......................................... 7

1. The Italian system for preventing and combating marine pollution. Organisation.................................... 7

THE ROLE OF PREVENTION IN THE RESPONSE MANAGEMENT SYSTEM OF MARINE POLLUTION CAUSED BY

SPILLS OF HYDROCARBONS OR OTHER NOXIOUS SUBSTANCES .............................................................. 11

1. Introduction .............................................................................................................................................. 11

2. Shipping safety .......................................................................................................................................... 11

3. The Adriatic corridor and transportation of crude oil, refined products and chemicals .......................... 11

4. The maritime traffic control system and shipping safety information .................................................... 12

5. The legislative framework for shipping: traffic separation schemes ....................................................... 13

6. Inspection duties of the Harbour Masters/Coast Guard ......................................................................... 14

7. Summary considerations .......................................................................................................................... 15

THE PRINCIPAL CAUSES OF MARINE POLLUTION AND ACCIDENT RATES IN THE ADRIATIC SEA ............... 17

1. The principal causes of marine pollution .................................................................................................. 17

2. Marine accidents occurring in Italian territorial waters in 2018 - 2019 .................................................. 18

3. Accident rates in the Regions facing the Adriatic Sea .............................................................................. 19


EMERGENCY PREPAREDNESS: EMERGENCY RESPONSE PLANNING AND ANTI-POLLUTION EXERCISES ..... 21

1. Emergency response planning for protecting the sea against pollution from hydrocarbons and other noxious substances .................................................................................................................................. 21

2. Emergency response planning for protecting the coasts against pollution from hydrocarbons and other noxious substances .................................................................................................................................. 22

3. Emergency response plans for offshore oil platforms ............................................................................. 23

4. Anti-pollution exercises ........................................................................................................................... 23


THE EMERGENCY RESPONSE SYSTEM .................................................................................................... 27

1. The Harbour Masters/Coast Guard ........................................................................................................... 27

2. Anti-pollution management ..................................................................................................................... 28

3. Monitoring hydrocarbon pollution in the high seas and from oil rigs ..................................................... 29

4. Anti-pollution services at ports and port reception facilities ................................................................... 30

5. EMSA facilities .......................................................................................................................................... 32


FINANCIAL RESOURCES ........................................................................................................................ 35

1. Management of financial resources ........................................................................................................ 35

2. Royalties ................................................................................................................................................... 36


INTERNATIONAL COOPERATION ........................................................................................................... 39

1. International agreements and duty of co-operation in the management of accidents .......................... 39

2. The international bodies responsible for supporting the States in the prevention and management of pollution from hydrocarbons and other noxious substances ................................................................... 40

3. Regional cooperation agreements and participation in projects of common interest ........................... 41

4. Participation in the projects financed by the European Union ................................................................ 42


OUTCOME OF THE CONTRADICTORY PROCEDURE, CONCLUDING CONSIDERATIONS AND

RECOMMENDATIONS ........................................................................................................................... 45

***

INDEX OF FIGURES

Figure 1 – Principal causes of accidents – Cargo ships, 2018-2019 ................................................................19

Figure 2 – Number of accidents occurring in the territorial waters and neighbouring areas of the

Regions facing the Adriatic Sea in 2018-2019.............................................................................. 20

INDEX OF TABLES

Table 1 - Overview ......................................................................................................................................... 35

LEGEND OF ABBREVIATIONS AND ACRONYMS ………………………………………………………………........................... 52

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1

The Mare Nostrum, a common heritage we

are today only trustees of and therefore we

are called to preserve, enhance, clean up

and pass on the future Mediterranean

generations1

EXECUTIVE SUMMARY

The Mediterranean Sea represents a vulnerable ecosystem, in terms of its

biodiversity, subject to multiple stress factors, such as coastal anthropization, high

density of shipping and intense exploitation of its fish and energy resources. The Adriatic

Sea, a semi-enclosed arm of the Mediterranean, due to its narrowness and shallow

waters combines these critical elements with the added risks posed by heavy oil and

chemical tanker traffic, offshore oil rigs and petroleum refineries.

In such a delicate environmental context, the sudden and accidental occurrence of oil

spills not only jeopardises the integrity of the more fragile habitats – such as lagoon and

island systems or marine protected areas – but also can have very serious repercussions

on specific sectors of the coastal economy, such as tourism, trade, fishing, mariculture

and related activities, which directly or indirectly depend on the good state of the marine

environment.

In order to tackle these scenarios, Italy has put into place a national pollution

prevention, preparedness and response system based on a clear definition of the roles

and responsibilities of the public and private entities involved in intervention

management activities and featuring a high level of synergy of all the relevant

1 In these terms, the Ministers and Heads of Delegation of the contracting parties to the Convention for the

Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention)

renewed their commitment to establishing a responsible process for the protection and sustainable

development of the Mediterranean Sea (Naples Declaration of 5 December 2019).

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components (strategic management, logistical support, technical-scientific consultancy

and operational activities).

Within this system, the prevention of maritime accidents, entrusted to the Corpo delle

Capitanerie di Porto – Guardia Costiera (Harbour Masters/Coast Guard), includes the

control and monitoring of maritime traffic and supervision of compliance with the

international conventions on the safety/security of vessels and marine pollution, as well

as supervision over activities that may harm the marine environment and coastal strip.

With regard to emergency preparedness, Italy has adopted the Emergency Response

Plan prepared by the Ministry for Ecological Transition (hereinafter also referred to as

Mite), as well as the National Response Plan of the Civil Protection Department, which

is activated in very serious cases of marine pollution subject to the declaration of a state

of national emergency.

As far as governance is concerned, the strategic management of response operations

is responsibility of the General-Directorate for the Sea and Coasts of the Mite, with the

coordination and logistical support of the Harbour Masters/Coast Guard and the

competent regional bodies (Maritime Directorates and Districts). In cases of very serious

marine pollution and following the declaration of a state of national emergency the

strategic management of response operations is taken over at the highest level by the

Civil Protection Department of the Presidency of the Council of Ministers.

At local level, the Head of the Maritime District involved is in charge of and responsible

for the response operations, in the case of pollution hazards or ongoing pollution

incidents, acting on the basis of a local emergency response plan, while the operations

for containing and removing oil spills are outsourced to groupings of specialised clean-

up companies, operating under the instructions of the Harbour Masters/Coast Guard,

using vessels located along the entire Italian coastline. Technical and scientific advice

for the response and clean-up effort is provided by the Istituto Superiore per la

Protezione e la Ricerca Ambientale (ISPRA) (Supreme Institute for Environmental

Protection and Research).

Over the last five years, the budget allocated to the General-Directorate for the Sea

and Coasts of the Mite for combating marine pollution has been gradually reduced.

Therefore, it is desirable that this Government body, besides expanding its ability to raise

additional financial resources by more consistently involving businesses and the general

public for the implementation of specific environmental projects, should also participate

more extensively in the EU calls for proposals regarding innovative oil spill prevention

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3

and management projects, while also activating a programme for reviewing and

rationalising oil platform monitoring costs.

Based on the analyses carried out in this audit and in compliance with the EU’s

EUSAIR Strategy guidelines, it is more than ever expedient to define a common

response plan among the States bordering the Adriatic Sea, to ensure effective action

against sudden and accidental pollution from petroleum hydrocarbons or other

hazardous and noxious substances.

The inception of a constructive dialogue, at the level of the Adriatic-Ionian Region, on

the issues of risk prevention and pollution fighting, in all its forms, could provide an

opportunity to implement broader shared strategies on the issues of the protection and

conservation of the marine environment.

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5

PURPOSE AND METHODOLOGY OF THE AUDIT

Contents: 1. Purpose and methodology of the audit. 2. Audit queries.

1. Purpose and methodology of the audit

This audit – conducted by the Audit Chamber for EU and International Affairs and the

Chamber for the Performance Audit on the Management of the State Administrations –

is part of a joint initiative of the Supreme Audit Institutions of Italy, Albania, Bosnia-

Herzegovina, Croatia, Montenegro and Slovenia, aimed at determining the efficiency of

the national emergency response systems for pollution from sudden and accidental spills

of petroleum hydrocarbons or other hazardous and noxious substances.

The Italian audit was carried out through documentary investigations, consultation of

institutional websites and databases, contradictory with representatives of the General-

Directorate for the Sea and Coasts of the Ministry for Ecological Transition (Mite), the

General HQ of Harbour Masters/Coast Guard, the Ministry of Sustainable Infrastructure

and Mobility (Mims), ISPRA, the Civil Protection Department of the Presidency of the

Council of Ministers, the Civil Protection Services of the Adriatic Regions, and the Port

System Authorities of the Adriatic Sea.

2. Audit queries

In order to assess the efficiency of the national preparedness and response systems

to sudden and accidental marine pollution on a common benchmark, the Supreme Audit

Institutions of the countries participating in the audit, pursuant to the ISSAI 3000

standard, agreed on the following main query:

“How efficient is the national emergency response system to sudden and

accidental marine pollution?”

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An additional set of questions was prepared by each Supreme Audit Institution. The

Corte dei Conti (Italian Court of Auditors) decided to further investigate some specific

regulatory, organisational, operational and financial aspects of the response system to

environmental emergencies at sea, by formulating the following additional questions:

"Is the national emergency response system for pollution accidents at sea

governed by adequate rules, regulations, directives and operational plans?

"Is the national emergency response system for pollution accidents at sea

suited to dealing with sudden and accidental pollution contingencies?"

"Are the emergency response plans updated to adapt to the international best

practices?"

"Has a transnational operational response plan been put into place to address

major pollution accidents in international waters?"

"Does the State budget provide for adequate financing of the national

emergency response system for pollution accidents at sea?"

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7

THE PREVENTION, PREPAREDNESS AND RESPONSE SYSTEM FOR MARINE

POLLUTION FROM SUDDEN AND ACCIDENTAL SPILLS OF HYDROCARBONS

AND OTHER NOXIOUS SUBSTANCES

Contents: 1. The Italian system for preventing and combating marine pollution. Organisation.

1. The Italian system for preventing and combating marine pollution.

Organisation.

The pollution prevention, preparedness and response system meets the need to

prevent and contain the impact of marine pollution on the environment, relying on an

organisation capable of responding rapidly to sudden and accidental spills of

hydrocarbons and other noxious substances.

Law 979/19822, even before the establishment of a specific Ministry dedicated to

environmental protection3, provided for the introduction of a “nationwide service for the

protection of the marine environment, as well as coastal monitoring and intervention for

the prevention and control of pollution of the sea”.

The Italian organisation for preventing and combating marine pollution involves the

following players, with specific administrative, technical, scientific and operational

competences:

Dipartimento della Protezione civile presso la Presidenza del Consiglio dei Ministri

(Civil Protection Department of the Presidency of the Council of Ministers).

This Department, at the apex of the system, is responsible for the strategic management

of all pollution response operations and activities in the event a state of national

emergency is declared. One of the arms of the Civil Protection Department is the Centro

Operativo per le Emergenze Marittime (COEM) (Operations Centre for Maritime

emergencies.

2 Law 979/1982, laying down provisions for marine protection, establishes a joint air and naval task force for

the prevention and control of pollution. 3 The Ministry of the Environment was established by Law 349/1986. The Ministry has recently been

renamed “Ministry for Ecological Transition”, following the entry into force of D.L. 22/2021.

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Ministry for Ecological Transition (Mite). The department within the Ministry

responsible for dealing with pollution emergencies caused by spills of hydrocarbons or

other noxious substances is the Direzione Generale per il mare e le coste (MAC)

(General-Directorate for the Sea and Coasts), which can rely on an administrative arm

for coordinating its operations (COIMAR)4.

The Mite tackles emergencies arising from marine pollution through the following

technical and operational arms:

- Reparto Ambientale Marino (R.A.M.) del Corpo delle Capitanerie di Porto –

Guardia Costiera. The Harbour Master’s Environmental Marine Department is a

body established within the Mite and staffed entirely by Harbour Master personnel

tasked with the support in the performance of environmental monitoring duties.

- ISPRA (Istituto superiore per la protezione e la ricerca ambientale). The

Higher Institute for Environmental Protection and Research is a public body

performing research, strategic consulting, technical and scientific assistance,

experimental and fact-finding, monitoring and assessment and, last but not least,

information and training activities on environmental matters. A task force on

environmental emergencies within ISPRA provides Mite with technical and

scientific support in preventing and fighting marine pollution caused by spills of

hydrocarbons and other toxic substances.

- CASTALIA S.C.P.A. is a private consortium company providing pollution

response services under an outsourcing agreement entered into with the Mite,

awarded within the framework of a European call for tenders. The company

deploys a fleet of distant-water and near-water vessels along the entire Italian

coastline, as well as equipment for the containment and removal of polluting

agents.

The Harbour Masters Corps – Coast Guard. The Harbour Masters/Coast Guard

is a unit of the Italian Navy, at a legal level, although at a functional and organisational

level it is incardinated into the Ministry of Sustainable Infrastructure and Mobility (Mims).

4 COIMAR is the acronym of “Coordinamento operativo degli interventi in mare”, a 3 staff strong team of the

General-Directorate for the Sea and Coasts of the Mite tasked with coordinating pollution response

operations at sea; when needed, the team is joined by a marine biologist from another department.

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9

For all environmental protection purposes, operates under the instructions of the Mite,

being responsible for the adoption of the measures to remove or mitigate the harmful

consequences of spills of hydrocarbons and other noxious substances at sea.

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11

THE ROLE OF PREVENTION IN THE RESPONSE MANAGEMENT SYSTEM OF

MARINE POLLUTION CAUSED BY SPILLS OF HYDROCARBONS OR OTHER

NOXIOUS SUBSTANCES

Contents: 1. Introduction. – 2. Shipping safety. – 3. The Adriatic corridor and transportation

of crude oil, refined products and chemicals. - 4. The maritime traffic control system and

shipping safety information. – 5. The legislative framework for shipping: traffic separation

schemes. – 6. Inspection duties of the Harbour Masters/Coast Guard. – 7. Summary

considerations.

1. Introduction

As part of the broader “response management” of pollution from hydrocarbons or

other noxious substances, the prevention of pollution accidents is essential for protecting

and preserving the environment. Prevention activities should be understood as an

ongoing improvement process, based on the detection of risk factors for the environment

and the implementation of the measures best suited to minimising the danger of events

capable of resulting in serious pollution accidents.

2. Shipping safety

Shipping safety is one of the key factors in preventing pollution caused by spills of

hydrocarbons or other noxious substances at sea. International shipping safety rules are

drawn up by the IMO (International Maritime Organisation) and set out in conventions on

the prevention of marine pollution by ships (MARPOL Convention 73/78), the

establishment of common safety standards (SOLAS Convention 1974) and the

regulation of cooperation in the event of oil spills (OPRC Convention 1990).

3. The Adriatic corridor and transportation of crude oil, refined products and

chemicals

The importance of the Adriatic corridor in the transport of crude oil, refined products

and chemicals is highlighted by the figures relating to the number of ships and the

amount of freight loaded and unloaded in the main Adriatic Sea ports (Trieste, Venice,

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Ravenna, Ancona, Bari, Brindisi). In 2019 alone, 2,676 oil, chemical and gas tanker

arrivals were recorded, with a significant rise compared to 2,589 arrivals in 20185.

According to the data provided by the Adriatic Sea Port Authorities System, it can be

inferred that, in 2019, 42,286,768 tonnes of crude oil were unloaded in the Port of Trieste

alone, making it the main port of call for crude oil in the entire Mediterranean. In the same

year, the ports of the five Adriatic Sea Port Authorities System recorded the handling of

significant volumes of refined oil products (13,912,841 tonnes) and chemicals (2,087,099

tonnes).

4. The maritime traffic control system and shipping safety information

The General HQ of the Harbour Masters/Coast Guard, in its capacity as National

Competent Authority (NCA), monitors, controls and manages maritime traffic, with

specific competences in terms of shipping safety and protection of the marine

environment. To perform its function, The Maritime Authorities can rely on the Vessel

Traffic Monitoring and Information System (VTMIS)6, consisting of a network of shore-

based radars and traffic control centres that receive AIS (Automatic Identification

System)7 data from ships in transit.

The 12 VTS (Vessel Traffic Service)8 Centres operating in Italy are tasked with

guaranteeing the safety of maritime traffic. These facilities provide the following services:

a) VHS radio information on maritime traffic, weather conditions at sea, navigability,

hazards or other conditions that may affect shipping safety; b) navigation assistance, to

facilitate on-board decision-making, especially in situations of difficulty and adverse

weather conditions; c) traffic planning, to avoid congestion and dangerous situations.

5 The prospects, net of the effects of the economic situation due to the Covid-19 pandemic, suggest a further

increase in merchant traffic. The Memorandum of Understanding signed by Italy and the People's Republic

of China, on 23 March 2019, acknowledged the importance of the Maritime Silk Road of the 21st century,

assigning to the Northern Adriatic ports the function of main trade hub between Asia and Central Europe,

which is home to the largest number of manufacturing companies. 6 VTMIS is an integrated system for the monitoring, control and management of maritime traffic and

emergencies at sea used by the Maritime Authorities. 7 AIS is an automatic vessel tracking system, which transmits static and voyage data such as the vessel

name and type and its port of departure and destination. 8 VTS is a radar-assisted service for monitoring and collecting data on traffic situations.

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The General HQ of the Harbour Masters/Coast Guard, in agreement with EMSA9, has

developed a system for exchange of information on maritime between EU Member

States, called MARES (Mediterranean AIS Regional Exchanges System), which has also

been extended to some non-EU countries. The data acquired is fed into the SafeSeaNet

system, the European network for exchanging navigation information. Further maritime

traffic monitoring tools consist of LRIT (Long Range Information and Tracking), PMIS

(Port Management Information System) and, in the case of vessels sailing in or calling

at Adriatic ports, the mandatory reporting system ADRIREP10, which provides detailed

information on the characteristics of the vessels and their cargoes.

Thanks to all these instruments, the Port Authorities are able to collect comprehensive

information on the position, type of vessel, cargo, ports of origin and destination. Notices

to mariners, broadcast via Navtex (Navigational Telex) by the Hydrographic Institute of

the Italian Navy or on VHF channels by coastal radio stations at specific times, provide

useful shipping safety information, such as reports on any areas temporarily closed to

shipping and weather reports.

5. The legislative framework for shipping: traffic separation schemes

Shipping safety in areas affected by heavy commercial traffic or dangers to navigation

is ensured by traffic separation schemes11. Adopted internationally by the International

Maritime Organisation12, the schemes are shown on nautical charts and serve the

purpose of regulating, channelling and monitoring navigation by assigning specific traffic

lanes (or clearways) to ships navigating in busy maritime areas or in the proximity of

major ports, canals or estuaries and passing through straits.

9 EMSA – European Maritime Safety Agency – provides support and technical assistance to the Commission

and the Member States, in view of the development and implementation of regulations for reducing the risk

of maritime accidents and marine pollution from ships. It is also charged with operational duties, in the field

of vessel monitoring and hydrocarbon pollution response. 10 The automatic reporting system ADRIREP is used by Italy, Albania, Croatia, Montenegro and Slovenia. 11 See the COLREG 72/81 Convention, Rule 10 – for the prevention of collisions at sea; art. 83 of the

Navigation Code. 12 IMO (International Maritime Organisation) is a specialised agency of the United Nations responsible for

laying down the international safety standards applying to shipbuilding, collisions at sea, firefighting

equipment, training and qualification of maritime personnel, thus contributing to ensuring international

maritime security.

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At local level, shipping safety is regulated by the Harbour Masters and the Maritime

District Offices, which have the authority to adopt applying to ships navigating in the

waters under their jurisdiction, in relation to specific risk factors for navigation, regulating

entry to and exit from ports and delimiting anchorage areas in roadstead. As far as the

Adriatic Sea is concerned, navigation in the northern quadrant is regulated by a traffic

separation scheme with four separate lanes running south-north and north-south. Traffic

separation schemes, combined with the prohibition for merchant ships to pass through

or stop in certain areas of the territorial water areas and the application of penalties to

the ship’s captain and shipowner in the event of any breaches of these rules, have proved

to be effective preventive measures in reducing accidents.

6. Inspection duties of the Harbour Masters/Coast Guard

A particularly useful function for preventing maritime accidents is the inspection of

national and foreign merchant ships calling at Italian ports. The purpose of these

inspection activities, carried out by the Harbour Masters/Coast Guard, is to establish

compliance with the shipping and other safety standards set out in the international

conventions of the International Maritime Organisation (IMO) and the International

Labour Organisation (ILO), as well as in the International Convention for the Prevention

of Pollution from Ships (MARPOL Convention 73/78) which, with its technical annexes,

is the main international instrument for the prevention of marine pollution caused by ships

from operational or accidental causes.

It should also be highlighted that, under Directive 2009/16/EC and the Paris

Memorandum of Understanding on Port State control – Paris MoU13, the Member States

are required to inspect all foreign ships calling at their ports, in order to establish their

compliance with the international conventions on shipping safety and the prevention of

pollution14, as well as the living and working conditions of the crew members.

Port State Control (PSC) inspections are carried out on the grounds of information

contained in the Thetis information system managed by EMSA, which provides the

13 Agreement between States to create a harmonised system of PSC procedures. 14 PSC inspections also cover compliance with IMO regulations on reducing polluting emissions. The

provision, effective from 1 January 2020, requiring ships to use fuel oil with a sulphur content of 0.5%,

significantly more stringent compared to the previous regulation that allowed a sulphur content of up to 3.5%, requires regular checks to be carried out by the Harbour Master personnel through documentary checks or

testing of fuel samples.

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Maritime Authorities with reports on ships calling at Italian ports to be inspected,

indicating a priority level that takes into account elements such as the type of ship, year

of construction, shipping company, flag performance and previous inspections. This

system contains records of inspection results and provides for the collected information

to be made available to all Port State Control Authorities.

The inspection operations, carried out by Harbour Master personnel trained as PSC

inspectors, mainly concerns the structural characteristics of the ships, proper functioning

and use of safety devices, besides compliance with regulations on working conditions

and treatment of the crew and other embarked persons15. In 2019, 601 on-board

inspections were conducted in Adriatic Sea ports, 99 of which concerned oil or chemical

tankers.

Failure to comply with international conventions may result in the requirement to

remedy the shortcomings found. In particular, in the event of fatal deficiencies, ship

detention may be enforced until the deficiencies have been rectified.

7. Summary considerations

The volume of hydrocarbons and chemical substances handled along the Adriatic

corridor suggests that particular attention should be paid to accident prevention.

Therefore, the usefulness of on-board inspections carried out by PSC inspectors

should be emphasised. Indeed, the inspections should be stepped up, by also targeting

ships other than those indicated as priorities by EMSA and ensuring an adequate

contingent of PSC inspectors in ports, such as Trieste, with the highest volumes of

hydrocarbon traffic. It would also be useful to promote initiatives, within the Harbour

Masters/Coast Guard, for a regular exchange of the inspection experiences acquired by

the various maritime departments.

Closely related to the theme of navigation control, assisted by technologically

advanced instruments, is the need to guarantee a high level of protection from cyber-

attacks of the systems used by Harbour Masters and, at the same time, to contribute to

15 It is interesting to note that, according to the Paris MoU, more detailed inspections also include

assessments of the crew members’ ability to communicate with each other in an appropriate manner and to

communicate with the Maritime Authorities using a common language or the language of the Maritime

Authorities themselves.

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improving the international standards required by the IMO for mitigating cybercrime risks,

which could jeopardise the governance, security and communication systems of ships.

The peculiar situation of the Strait of Otranto – a confined area characterised by very

heavy maritime traffic16 – should be monitored for the purpose to formulate a proposal

for a traffic separation scheme. This maritime area and, indeed, all areas showing

particular critical issues, require stringent monitoring of merchant ships with potentially

polluting cargoes, in relation to traffic congestion and adverse weather conditions17.

Last but not least it should be emphasised that the emergency management

personnel at the Harbour Masters/Coast Guard should receive continuous training, by

way of regular national and international programmes and special webinars or

workshops, to share the experience from pollution preparedness and response

operations and drills (post-crisis analysis).

16 The particular vulnerability of this area to oil spills is due to the presence, in a confined space (at its

narrowest point the distance between the opposite coasts is about 70 km), of a dense network of merchant

and cruise ship routes, as well as a high density of pleasure craft and fishing boats heading to ports on both

sides of the Adriatic. 17 Within the framework of the European HAZADR project, an alert system has been developed capable of

associating each vessel navigating in the Adriatic corridor a specific risk profile related to the following

factors: a) type of ship; b) tonnage; c) date of launch; d) flag state; e) ship registration information; f) sea and

wind conditions. This system (called ATLAS) analyses the main risk factors of marine pollution and

generates automatic alert messages addressed to the Maritime Authorities, allowing selective monitoring of

individual ships or maritime areas for assistance and preparedness purposes, with regard to potential

emergencies.

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THE PRINCIPAL CAUSES OF MARINE POLLUTION AND ACCIDENT RATES IN

THE ADRIATIC SEA

Contents: 1. The principal causes of marine pollution. – 2. Marine accidents occurring in

Italian territorial waters in 2018 - 2019. – 3. Accident rates in the Regions facing the Adriatic

Sea. – 4. Summary considerations.

1. The principal causes of marine pollution

Although marine accidents with serious environmental consequences have been

declining in recent years, as a result of the increasingly stringent construction standards

for tankers, the risk of such accidents occurring is still high given the intensity of

commercial traffic and the variety of situations, often linked to factors that cannot be

predicted or controlled.

The causes of marine pollution can be manifold. They include spills due to accidental

occurrences (collision, fires, groundings, operational activities, breakdown of offshore

installations) and hazardous substances that can be deliberately or accidentally released

into the sea (by way of natural channels and waterways or by engaging in illegal

activities), such as the intentional discharge in the sea of ballast, bilge and tank washing

waters or other pollutants.

The most common situations that give rise to the spillage of pollutants can be grouped

as follows:

▪ Marine accidents (collision, fire, sinking and grounding) entailing the loss of

cargo, bunkers and noxious substances;

▪ Operational (ship loading/unloading) and complementary (discharging

bilge waters or tank washing waters) activities;

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▪ Incidents involving offshore oil platforms (explosions, collisions, structural

failures)18;

▪ Release into the sea of hydrocarbons and other noxious substances

through rivers, canals and waterways;

▪ Intentional illegal conduct, such as discharging tank washing water, bilge

water or other noxious substances.

2. Marine accidents occurring in Italian territorial waters in 2018 - 2019

An analysis of the statistical data provided by the Ministry of Sustainable Infrastructure

and Mobility (Mims), with regard to the Regions bordering the Adriatic Sea, reveals that

795 maritime accidents of different types and severity occurred in 2018-2019. Most of

these involved pleasure craft (499) and fishing vessels (121). The number of accidents

involving cargo vessels was lower in number but still significant (54). Also worthy of

attention is the figure relating to accidents involving passenger and Ro-Ro ferries (97),

in view of the risks associated with the spillage of the large quantities of bunkers stored

in the tanks of these vessels.

The figure below shows the main causes of accidents involving cargo ships. It is worth

noting that the majority of accidents are due to human factors and, in particular, to

inexperience, failure to observe watchkeeping and lookout duties on board, or problems

related to excessive or unstable distribution of cargo and passengers. It is also

interesting to note that a significant number of accidents, amounting to a quarter of the

total, are caused by explosions and fires: this figure – which itself points to the

inadequacy/inefficiency of safety equipment or the inability to properly manage

emergencies on board – is worthy of attention, given the serious environmental risks

associated with this type of occurrence19.

18 The sinking of the Ivana D platform in early December 2020 in the northern Adriatic Sea emphasises the

importance of active oil rig maintenance and dismantling decommissioned platforms. Fixed offshore

installations, especially at night, if not adequately illuminated, can represent a danger to navigation safety. 19 An explosion on board the oil tanker Haven, on 11 April 1991, in the Gulf of Genoa, happened to be the

cause of the worst environmental disaster in the Mediterranean Sea. It is estimated that 144,000 tonnes of

crude oil caught fire and spilled into the sea, with very serious repercussions for the marine environment and

coastal areas.

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19

Figure 1

3. Accident rates in the Regions facing the Adriatic Sea

The data relating to marine accidents occurring in the territorial waters of the Regions

facing the Adriatic Sea, in 2018-2019, highlight a particularly high number of incidents in

the Regions of Puglia (74) and Marche (30) and, more generally, an increasing trend in

accidents in the period. Although the figures are significant and should be taken into

account in relation to the considerable length of the coastline of Puglia (865 km) and its

large fleet of fishing boats and pleasure craft, it should be noted that none of the

accidents involved serious pollution of the marine environment in the period.

Other/unspecified4%

Impact32%

Sinking7%

Collision14%

Fire/explosion25%

Grounding18%

Principal causes of accidents - Cargo ships, 2018-2019

Other/unspecified Impact Sinking Collision Fire/explosion Grounding

20 CORTE DEI CONTI

Figure 2


The data on the number of oil and chemical tankers sailing the Adriatic corridor each

year is useful to assess the risks of oil spillage, not just in absolute terms (number of

ships and quantities of transported products) but also as a contextual element, given

how this type of traffic interacts with other vessels (passengers, freight, Ro/Ro) and the

simultaneous presence of fishing boats and pleasure craft.

Equally significant is the figure for marine accidents, which are primarily caused by

human error. This should lead to a national and international inquiry into the standards

of training and preparedness required for seafarers and for qualifying as fishing and

pleasure boat skippers.

The data on marine accidents should be fed into a constantly updated database

shared by the Government bodies concerned (Mite, Mims, Harbour Masters/Coast

Guard, RAM, ISPRA), in order to enable the national emergency response stakeholders,

at the central and local levels, to analyse critical situations and make proposals for

improvements in the fields of navigation safety, accident prevention and emergency

preparedness and response.

0

20

40

60

80

3 4 913

2

32

13

11 1017

0

42

9615 19

30

2

74

10

Number of accidents occurring in the territorial waters and neighbouring areas of the Regions facing the Adriatic Sea in 2018 - 2019

2018 2019 Totale

CORTE DEI CONTI

21

EMERGENCY PREPAREDNESS: EMERGENCY RESPONSE PLANNING AND ANTI-

POLLUTION EXERCISES

Contents: 1. Emergency response planning for protecting the sea against pollution from

hydrocarbons and other noxious substances. – 2. Emergency response planning for protecting

the coasts against pollution from hydrocarbons and other noxious substances. – 3. Emergency

response plans for offshore oil platforms. 4. Anti-pollution exercises. - 5. Summary considerations.

1. Emergency response planning for protecting the sea against pollution from

hydrocarbons and other noxious substances

Since 198220, Italy has adopted special legislation to protect the sea and coasts, as

well as a system to prevent and combat marine pollution, with emergency response plans

and naval units specialised in the containment and removal of pollutants. The strategic

management of this system is the responsibility of the General-Directorate for the Sea

and Coasts of the Mite, while the operational management of anti-pollution activities is

the responsibility of the General HQ of the Harbour Masters/Coast Guard and the local

Maritime Authorities (Maritime Directors and Maritime District Chiefs).

The “Operational Emergency Response Plan for Protecting the Sea and Coastal

Areas from Pollution by Hydrocarbons and other Noxious Substances”21 prepared by the

Mite establishes the measures for the coordination of the operations required in so-called

first and second-stage situations of marine pollution incidents22. In such cases, local

operational emergency response plans are implemented by each Maritime District

Chief23, or the Coordination Plans prepared by the Maritime Districts if a unitary response

to the pollution is required by several Maritime Districts.

20 The relevant sea and coastal protection regulations are set out in Law 979/1982, as amended. 21 Approved by D.M. of 23 January 2013. 22 A first-stage situation is when the pollution exclusively concerns the water areas in ports, the territorial sea

and the EPZ, without posing any direct, immediate and significant threat for the coastal areas. Instead, a

second-stage situation is when the pollution at sea threatens the coast as well, including any small islands. 23 Art. 11, par. 1, Law 979/1982.

22 CORTE DEI CONTI

The situations involving large-scale pollution of the sea, in areas of high ecological

value or posing a serious threat to public safety24, are regulated by the “National

Emergency Response Plan for Protection from Pollution by Hydrocarbons and other

Noxious Substances”25, prepared by the Civil Protection Department. In this case and

following the declaration of a national state of emergency, the strategic direction of the

operations, both at sea and on the coast, is carried out by the Civil Protection Department

Chief, who liaises with the dedicated facilities of the Ministry for Ecological Transition,

while the operational activities are carried out by the Maritime Authority (at sea) and the

Prefect (on the coast).

2. Emergency response planning for protecting the coasts against pollution from

hydrocarbons and other noxious substances

According to the provisions contained in the National Emergency and Response Plan

of the Civil Protection Department, the provincial authorities are required to integrate “the

prevailing risk forecasts set out in the provincial civil protection plans with the forecasts

of coastal pollution from hydrocarbons or other noxious substances”.

However, it must be pointed out that – according to a specific in-depth study

concerning the Adriatic Sea Regions (Friuli-Venezia Giulia, Veneto, Emilia-Romagna,

Marche, Abruzzo, Molise and Puglia) – the provincial civil protection plans, rare

exceptions aside, do not provide for risk scenarios and emergency response models for

the removal, from the coasts, of hydrocarbons or other hazardous and noxious

substances.

Moreover, it should be emphasised that not all Regions possess the suitable means

to contain and manage spillage of pollutants, while preparedness and emergency

response training activities of administrative personnel and civil protection volunteers are

sporadic at regional, provincial and municipal level. As far as local civil protection plans

24 Management of pollution from substances other than hydrocarbons can be considerably more difficult,

given the number of chemical substances, the diversity of pollution scenarios that can be envisaged and the

danger of mitigation in the absence of appropriate protective equipment. ISPRA's Environmental

Emergencies at Sea Service has prepared four notebooks providing important technical and operational

support for managing major environmental emergencies. The four notebooks deal with the following topics:

1. Oil spills at sea: estimating the environmental consequences and assessing the types of response; 2.

Cleaning up coastlines affected by oil spills; 3. Chemical pollution from HNS (Hazardous and Noxious

Substances) at sea. 4. Methods of sampling hydrocarbons at sea and along the coast. 25 Plan approved by DPCM 4 November 2010 of the Presidency of the Council of Ministers.

CORTE DEI CONTI

23

are concerned, only 17 of the 124 coastal Municipalities of the Adriatic Sea have adopted

preparedness and emergency response plans for tackling coastal pollution incidents.

3. Emergency response plans for offshore oil platforms

Italian regulations26, implementing Directive 2013/30/EU, require that licensees must

prepare emergency response plans describing the main response policies and

containing operational instructions for the management of situations of emergency and

defining the roles, responsibilities, competencies and operations to be carried out. With

Ministerial Decree of 23 January 2017, the Mite established the equipment that must be

present on oil platforms and the relevant support vessels, as well as onshore storage

facilities, to deal with emergencies arising from petroleum hydrocarbon spills. The oil

platform operators provide for surveillance, through both remote-control tools and with

naval units equipped to contain accidental petroleum hydrocarbon spills.

4. Anti-pollution exercises

The Maritime Authorities’ anti-pollution exercises and drills play an essential role in

emergency preparedness and response, allowing the identification of possible critical

points and the necessary corrective actions.

Every year, each Maritime District (or Maritime Directorate where more than one

District is involved) conducts an oil spill simulation exercise, as part of the Pollex

programme, to test:

▪ the proper functioning of the alarm system;

▪ the operational readiness and professional skills of the crews;

▪ the efficiency of the means and equipment deployed;

▪ the effectiveness of the operational emergency response plans;

▪ the coordination of the emergency response and rescue teams;

▪ the effectiveness of communications;

▪ the effectiveness of the emergency response.

26 Legislative Decree 145/2015.

24 CORTE DEI CONTI

EU-wide exercises are important opportunities to determine the level of coordination

of the emergency preparedness and response teams of the various countries and to

build up useful experience for the management of highly complex situations.

Limiting the analysis to the activities carried out in the last two years, it should be

noted that, in 2018, the Mite, in collaboration with the Harbour Masters/Coast Guard,

organised a complex exercise at La Maddalena (Sardinia), in implementation of the

Ramoge agreement27, featuring the participation of vessels and aircraft from Italy, France

and EMSA, with a view to testing the degree of coordination between the relevant units

of the signatory countries.

In 2019, the Harbour Masters/Coast Guard and the Guardia di Finanza took up

international coordination responsibilities within the COASTEX exercise. One of the

purposes of the exercise was to assess the capacity and effectiveness of multipurpose

maritime operations.

In the same year, the Mite authorised the RAM to participate in a STRESS TEST

organised by EMSA in Madrid, where the response to a major marine pollution incident

in the north-west Mediterranean was simulated in order to assess the efficiency of the

regional, sub-regional and national emergency response capability and means made

available by EMSA to the Member States.

Finally, it is worth mentioning the NAMIRG project28, coordinated by the Central

European Initiative (CEI), co-financed by the European Commission – DG ECHO and

sponsored by the Regional Firefighting Department of the Friuli-Venezia Giulia Region,

with the support of the Ministry of the Interior, in partnership with the firefighters of

Capodistria and of the Region of Istria, for the purpose of experimenting a fire response

device on board ships in the North Adriatic Sea.

27 A sub-regional scientific, technical, legal and administrative cooperation agreement, signed in 1976

between the French, Italian and Monegasque Governments for the prevention and control of marine pollution

in the maritime areas of the Provence-Alpes-Côte d'Azur region, the Principality of Monaco and the Liguria

Region. This agreement provides for a functional structure consisting of a Commission (decision-making

body made up of the delegations of the Governments of Italy, France and the Principality of Monaco), a

Technical Committee (body made up of water protection experts), working groups (responsible for

implementing the programme of activities established by the Commission) and a Secretariat based in the

Principality of Monaco. 28 North Adriatic maritime incident response group.

CORTE DEI CONTI

25


Law 979/1982 on the protection of the sea and the coast outlines the reference

framework of the national emergency response system of pollution caused by the

spillage of hydrocarbons or other hazardous and noxious substances. Forty years on

from its entry into force, it has become clear that it has become necessary to adapt these

regulations to the changed legal framework.

The said legislation, in fact, predates a number of significant changes that have

occurred not only in the organisation of the central Governments, but also with regard to

regional competences (Legislative Decree 112/1998 and Constitutional Law 3/2001), the

structure of the Provinces (Law 56/2014) and the civil protection regulations (Legislative

Decree 1/2018). In a different respect, it should be pointed out that Law 979/1982 does

not consider large-scale pollution from plastics among the serious threats to the marine

environment.

With regard to the emergency preparedness and response planning, it is considered

appropriate to revise the Civil Protection Department's National Emergency Response

Plan and the Mite's Operational Emergency Response Plan, in order to remedy the

current shortcomings and harmonise the technical aspects and intervention procedures

set out in the two plans. Lastly, it is advisable to attach to the national response plans

brief descriptions of the main types of response to pollution, as well as of the sorbents

and detergents authorised to be used by the Mite, with possible references to more

detailed technical documents.

With regard to emergency response plans for coastline defence, it should be noted

that the risk of hydrocarbon beaching is not adequately mitigated either by specific

response plans or by an adequate supply of machines and equipment (booms,

skimmers, cleaning tools, mechanical removal equipment). From this point of view, it is

desirable for the Civil Protection Department to promote initiatives aimed at ensuring an

adequate level of protection of the coastal areas in order to overcome any critical

situations.

It is also important to note that the national and local response plans, together with

the technical annexes and operational leaflets, should undergo periodic review and

therefore be either confirmed (self-validation) or amended, following a process of

continuous quality improvement that involves all the components of the National

Emergency Response System.

26 CORTE DEI CONTI

Finally, the essential function of international exercises should be stressed as an

essential tool for testing emergency response capacity and as an opportunity for analysis

aimed not only at overcoming the critical issues that emerge and often recur in

emergency response operations, but also at improving the overall emergency response

performance.

CORTE DEI CONTI

27

THE EMERGENCY RESPONSE SYSTEM

Contents: 1. The Harbour Masters/Coast Guard. – 2. Anti-pollution management. – 3. Monitoring

hydrocarbon pollution in the high seas and from oil rigs. – 4. Anti-pollution services at ports and

port reception facilities. – 5. EMSA facilities. – 6. Summary considerations.

1. The Harbour Masters/Coast Guard

The Harbour Masters/Coast Guard has an extensive offshore and coastal naval

apparatus, supplemented by aircraft and helicopters29, to adequately perform its

institutional tasks.

The naval fleet used for pollution monitoring, prevention and response operations

consists of:

▪ 6 ships between 50 and 95 metres in length, for continuous multi-day missions,

equipped with hydrocarbon collection systems, such as skimmers and floating

booms.

▪ 22 deep-sea patrol boats capable of multi-day missions;

▪ 44 patrol boats normally employed at no more than 40 miles from the cast;

▪ 115 patrol boats normally employed at no more than 20 miles from the coast;

▪ 52 Alpha dinghies with 3-strong crew;

▪ 97 Bravo dinghies with 2-strong crew.

29 Data at 30 April 2020.

28 CORTE DEI CONTI

Its aircraft fleet consists of:

▪ 3 ATR 42 aircraft, two of which are fitted with SLAR (Side Looking Airborne

Radar) system for detecting oil spills;

▪ 1 Piaggio P180 aircraft, which can be used for pollution surveillance in daytime

hours;

▪ 14 AW139 helicopters fitted with F.L.I.R. (Forward Looking Infra Red) system for

providing georeferenced images and videos in the visible and infrared spectrum.

The relations between the Ministry for Ecological Transition and the General HQ of

the Harbour Masters/Coast Guard are based on an agreement (for good and valuable

consideration) governing marine pollution surveillance and control activities. In particular,

the agreement provides for the use of aircraft for the detection of marine pollution and

the surveillance of marine protected areas; the monitoring and surveillance of marine

areas with platforms for the extraction of mineral oil hydrocarbons; the use of the vessels

for the surveillance and detection of marine pollution along the coasts; and the

surveillance of Marine Protected Areas through the use of vessels and land vehicles,

national VTMIS sensors, specialist components and related equipment.

2. Anti-pollution management

Following the outcome of the EU invitation to tender, on 24 November 2020, the Mite

entered into a contract with Castalia Consorzio Stabile s.c.p.a. for the provision of a

response service aimed at mitigating, containing and recovering hydrocarbons in the

territorial waters and high seas, for a term of 24 months and for a consideration, based

on the tender invitation, of 58,000,000 euros (including VAT).

Introducing a substantial innovation compared to the previous contract – also awarded

to Castalia s.c.p.a. – the new invitation to tender also required that the patrol units must

provide services for the “containment of marine litter and in particular of plastics, both in

the areas in front of the mouths of the main rivers and in protected marine areas”. It

CORTE DEI CONTI

29

should be pointed out that the measures to combat marine pollution from hydrocarbons

are considered a priority given that, in the event of an emergency, the naval units

engaged in collecting marine litter must interrupt their activities and head towards the

site of the pollution response operations.

The contract entered into with Castalia s.c.p.a. provides for the deployment, in

standby mode and with personnel available round the clock for rapid deployment, of 32

vessels, 9 of which offshore and 23 coastal vessels, located along the Italian coastline

and specialised in the containment and recovery of hydrocarbons. The anti-pollution fleet

– reduced by four units compared to the previous contract – respond to requests received

from the Harbour Masters, following an authorisation by the General-Directorate for the

Sea and Coasts of the Mite. The response methods used consist in the mechanical

removal and/or physical reduction of the pollutants, while the use of chemical detergents

is permitted only subject to specific ministerial authorisation.

Within the anti-pollution fleet, 19 coastal vessels are assigned to both patrolling and

collecting floating waste on the sea surface. The contract also assigns four coastal units

to patrol areas featuring offshore platforms, providing additional equipment for vessels

deployed in port areas with petrochemical plants. With regard to the Adriatic Sea, there

are three high-sea vessels based at the ports of Bari, Ancona and Trieste and five coastal

vessels at the ports of Otranto, Vasto, San Benedetto, Ravenna and Chioggia.

According to the contract provisions, Castalia s.c.p.a. is organised with a national

operations coordination centre and peripheral offices, stock and equipment warehouses,

and a task force of experts. Based on the specifications, the anti-pollution ships must be

able to respond to an emergency, either along the coast or at high sea, within one hour

of the order issued by the Ministry and to head to the emergency area in the shortest

possible time.

The National Pollution Emergency Response Service may be supported by other

Italian Government entities, such as the Italian Navy or EMSA, or those of neighbouring

countries or of the signatories to regional agreements, according to the procedures

agreed with such entities/countries or as established by Community regulations.

3. Monitoring hydrocarbon pollution in the high seas and from oil rigs

The observation and control activities by the Harbour Masters, using both vessels and

aircraft, contribute to shipping monitoring and safety. At European level, the

30 CORTE DEI CONTI

CleanSeaNet satellite service, managed by EMSA, provides radar images for detecting

oil spills, for marine pollution surveillance and response purposes, as well as identifying

the responsible parties. In Italy, the Ministry for Ecological Transition is the focal point of

CleanSeaNet, while the operational management of the service is the responsibility of

the General HQ of the Harbour Masters/Coast Guard.

The Harbour Masters/Coast Guard devotes special attention to the surveillance of

areas with oil platforms30, as well as monitoring compliance with regulations on plant

safety and the release of aquifer water (from the extraction process). This surveillance,

carried out by air and on the sea, is aimed at the timely detection of spills of mineral oil

substances. Daily patrols are also carried out by the vessels of Castalia s.c.p.a.'s anti-

pollution fleet.

The oil platforms are also subject to constant satellite monitoring by the Italian Space

Agency (ASI) using the COSMO-Skymed system. The images captured by the satellites

are processed and analysed in real time by the company E-GEOS s.p.a. for transmission

to the Ministry for Ecological Transition and the General HQ of the Harbour

Masters/Coast Guard. The detailed information provided by E-GEOS s.p.a. regarding

the extent and location of the pollution incident allows a timely response to be activated.

It should also be noted that, at the request of the Directorate General for the Sea and

Coasts of the Mite, the National Research Council (CNR) has carried out a study for

predicting and assessing the risk of spills occurring from oil platforms in the Strait of Sicily

and the middle/lower Adriatic Sea, as well as a system for processing numerical

simulations relating to the spills and their movement from the extraction sites.

4. Anti-pollution services at ports and port reception facilities

The high volume of traffic and the considerable quantities of hydrocarbons handled in

relatively small areas such as ports has prompted investigations to verify whether the

principal port areas possess suitable equipment to handle oil spills. The outcome of these

investigations is that, in many cases, the Port Authorities do have specific services in

place for cleaning up their waters and handling limited amounts of hydrocarbon pollution.

30 In the Adriatic Sea, oil platforms are located in the areas under the jurisdiction of the Harbour Masters of

Termoli, Ortona, Ancona and San Benedetto del Tronto.

CORTE DEI CONTI

31

The vessels employed in these activities vary, in number and type, according to the

commercial importance of the relevant port and are normally composed of tugs, clean-

up boats, support vessels and barges.

The situation of the Port of Trieste, as the largest port of call in the Mediterranean for

the handling of crude oil, deserves special mention31. It should be emphasised how, in

the oil terminal area and in the presence of ships, suction boats, containment systems

(booms and air bubble wall systems) and emergency response firefighting services are

constantly on duty. With regard to navigation safety in the port area, it should be

highlighted that special ordinances issued by the local Harbour Master's Office regulate

both the entry of ships through mandatory routes (North Channel and South Channel)

and the mooring of ships transporting dangerous goods (chemical tankers, oil tankers,

gas tankers) in roadsteads.

With regard to the collection and treatment of marine waste (port reception facilities),

the European Union has adopted various directives aimed at reconciling the interests of

the smooth operation of maritime transport with the protection of the marine environment.

Italy has implemented Directive 2000/59/EC with Legislative Decree 182/2003, which

requires that all ships, before leaving their ports of call, must deliver the waste they

produce (including bilge water and washing water) to the port reception facility, in

accordance with the provisions laid down in the plans prepared by the Port System

Authorities.

However, it should be noted that not all ports are equipped with the necessary facilities

for receiving and handling liquid mineral oils. The situation could improve in the near

future, given that Directive (EU) 2019/883 of the European Parliament and of the Council

of 17 April 201932 has introduced new and more detailed measures for the delivery of

waste from ships to the port reception facilities, aimed not only at ensuring an adequate

collection plan at each port, but also fostering the delivery of waste by applying more

favourable disposal fees.

There is no doubt that the construction of port waste collection facilities and the

adoption of a waste delivery tariff policy that encourages the use of these facilities could

31 The SIOT terminal feeds the TAL Group's transalpine pipeline, through which crude oil unloaded in the

Port of Trieste is transferred to refining plants located in Austria and Germany. 32 Member States are required to adopt the laws, regulations and administrative provisions necessary to

comply with Directive 2019/883/EC by 28 June 2021.

32 CORTE DEI CONTI

prove effective in preventing and combating the still widespread illegal practice of

discharging bilge wastewater and washing tank waters to the sea.

5. EMSA facilities

Operating in accordance with Directive 2004/18/EC, the European Maritime Safety

Agency (EMSA), at the request of the Member States, provides support to emergency

response mechanisms arising from oil spills at sea, ensuring the deployment not only of

vessels capable of recovering polluting materials but also the equipment that can be

used in cases of serious major oil spills.

In Italy, at its Ravenna depot, EMSA makes available, oil containment systems that

can be used in special situations, such as containment booms for containing burning oil

products at sea and decanting and recovery equipment operating to higher standards of

efficiency, speed and capacity than the ordinary equipment available.

The EU Member States may request the use of such equipment, providing for its

transport from the depot and loading onto suitable vessels (called “Vessels of

Opportunity” or VOO). The collection and use of such equipment are subject to the prior

identification and communication to EMSA of the characteristics and location of the anti-

pollution vessels.


Faced with the environmental risks associated with the large quantities of

hydrocarbons and chemical substances transported by sea, Italy has outsourced the

emergency response system for handling and containing polluting incidents, on the basis

of an EU tender procedure, to a consortium of companies specialising in marine clean-

up activities. This service, which is governed by a contract signed on 24 November 2020

between the Ministry for Ecological Transition and Castalia s.c.p.a., provides for a fleet

of 32 vessels (of which 9 high-sea and 23 coastal vessels), operating in standby mode

and with personnel available round the clock for rapid deployment.

The most important innovations in the current contract compared to the previous one

stipulated with the same company are the provision of a plastic collection service in the

marine waters at the mouths of the main rivers and in protected marine areas and the

CORTE DEI CONTI

33

reduction of the anti-pollution fleet which, in its current configuration, has 4 fewer vessels

than the previous one (36 vessels).

It is believed that this new structure requires a cost-benefit evaluation in terms of

comparison with alternative solutions, as well as the periodical inspection into the

adequacy of the means deployed in the maritime areas with the highest density of oil

and chemical tanker traffic (i.e. the northern Adriatic Sea and the Strait of Otranto,

through which passes all the crude oil bound to the northern and central Adriatic sea

ports), also with a view to the possible identification of a second line of response to be

included in the exercise programmes and mobilised in the event of serious environmental

emergencies.

Despite having highlighted the current system’s capacity to bring together several

anti-pollution vessels in the area of an incident within a few hours of its taking place, it

should nevertheless be specified that the prior identification of the vessels required to

support the anti-pollution system should be limited to areas affected by specific risk

factors that suggest suitable precautions to ensure the immediate, joint and coordinated

action of several vessels at the scene of the accident.

For the purpose of medium-to-long term strategic decisions concerning the marine

pollution preparedness and response system, alternative solutions could be considered,

on the basis of the results of a cost-benefit analysis, such as the gradual acquisition, on

an ownership basis or under leasing arrangements, of vessels with low environmental

impact and also suited to combating chemical pollution, managed, on the basis of a

management agreement, by the Harbour Masters/Coast Guard or to the national

firefighters, with a corresponding reduction of the anti-pollution service contract. It should

also be noted that this option would favour the rebalancing of the private and public

components in the operational handling of emergencies.

With regard to the monitoring and surveillance services of marine areas with oil

platforms, the appropriate action would be to carry out an analysis aimed at rationalising

the current naval, air and satellite control system. In particular, a risk assessment of the

individual extraction sites is recommended in order to verify the possibility of introducing

alternative solutions, such as the use of remote monitoring systems, as a partial

replacement of the aircraft and vessels of the Harbour Masters/Coast Guard and the

anti-pollution vessels of Castalia s.c.p.a..

With regard to anti-pollution equipment, it is advisable to identify the facilities

deployable by EMSA in situations of emergency and to fulfil the conditions for the

34 CORTE DEI CONTI

mobilisation of this equipment. Furthermore, it would be useful for the Mite – with the

possible support of REMPEC – to inform EMSA, also in relation to future adjustments of

the stocks for the Ravenna depot, about the types of equipment compatible with the anti-

pollution measures most applied in the Mediterranean Sea and with its characteristics.

CORTE DEI CONTI

35

FINANCIAL RESOURCES

Contents: 1. Management of financial resources. - 2. Royalties. - 3. Summary considerations.

1. Management of financial resources

The marine pollution prevention and combating activities conducted by the Ministry

for Ecological Transition, against pollution from hydrocarbons, are financed with the

resources allocated in expenditure item 1644, within action 2 " Protection of the sea and

operational interventions for preventing and combating pollution from hydrocarbons and

similar substances", management plans 1 (protection of the marine environment) and 5

(monitoring and combating marine pollution), as per the summary table below.

Table 1 - Overview

MISSION PROGRAMME OBJECTIVE ACTION EXPENDITURE ITEM 1644

n. definition m.p. definition

018.Sustainable

development

and protection

of land and the

environment

013. Protection

and

preservation of

the fauna and

flora,

safeguarding

biodiversity and

the marine

ecosystem

14.Protection,

safeguarding and

promotion of the

marine

environment and

promotion of the

sustainable use of

natural resources

02

Protection of the

sea and operational

interventions for

preventing and

combating pollution

from hydrocarbons

and similar

substances

01

protection of the

marine environment

05

monitoring and

combating marine

pollution

Source: data processed by the Corte dei conti.

Over the last five years, the appropriations in expenditure item 1644 (p.g. 1 and p.g.

5) have gradually declined, from € 44,951,416 (FY 2015) to € 32,733,000 (FY 2020), with

an average – in the 2018 – 2019 period – of € 32,324,043.

36 CORTE DEI CONTI

2. Royalties

The marine pollution prevention and management system is partly financed by

royalties based on the production of the offshore oil platforms. Current legislation33

provides, in fact, that the holders of seaward production licences are required to pay an

annual royalty, as a percentage of the oil output, to a specific revenue item of the State

budget.

The royalties thus collected are entirely reallocated, in equal parts, to specific

expenditure items of the Ministry for Ecological Transition and the Ministry for Economic

Development and used for monitoring and combatting marine pollution and for safety

supervision and control activities, including environmental safety, of the seaward

exploration and production facilities.

The royalties paid to the Mite, which are recorded in expenditure item 1644,

management plan 5 (monitoring and combating marine pollution), totalled €

8,540,449.96 in 2018 and € 5,230,592.99 in 201934.


The analysis of item 1644 of the Mite budget over the last five years shows a

downward trend, with regard to the resources allocated for preventing, monitoring and

combating marine pollution, coupled with a parallel decrease in the amount of royalties

paid by the offshore oil platform operators. Considering the great environmental, social

and economic importance of the marine environmental protection functions of the Mite’s

Directorate-General for the Sea and Coasts, it is desirable to reverse this negative trend.

The limited financial resources available also make it advisable to increase the

involvement of the national emergency preparedness and response system stakeholders

(Mite, General HQ of the Harbour Masters/Coast Guard, ISPRA) in the calls for proposals

33 Pursuant to art. 35, paragraph 1, of D.L. 22 June 2012 no. 83, amended and converted into Law 134/2012

” … the holders of Seaward Production Licences are required to pay the annual product rate as referred to

in Article 19, paragraph 1, of Legislative Decree 625/1996, raised from 7% to 10% for gas and from 4% to

7% for oil. The sole or joint holder of each licence is required to pay the sums corresponding to the value of

the increase in the rate to a specific chapter of the State budget revenue, to be entirely reallocated, in equal

parts, to specific chapters set up in the estimates of the Ministry for the Environment and Protection of the

Territory and the Sea and the Ministry for Economic Development, to ensure the full performance

respectively of the actions of monitoring and combating marine pollution and of the activities of supervision

and control of safety, including environmental safety, of the seaward exploration and production". 34 Data provided by the Directorate-General for the Sea and Coasts of the Mite.

CORTE DEI CONTI

37

launched by the European Union with a view to developing innovative projects in the field

of oil spill prevention and management. Widespread awareness of environmental issues

and the progressive integration of the objectives of the UN 2030 Agenda for Sustainable

Development into corporate strategies35, could encourage the implementation of

additional funding tools for marine conservation and protection initiatives, such as

crowdfunding and sponsorship agreements. However, the option of tackling the problem

of increasing resources for environmental protection in innovative ways clearly requires

qualified human resources and the creation or support of a dedicated structure.

With a view to redistributing the costs of environmental protection and ensuring the

sustainability, in the medium-to-long term, of an effective system of preparedness and

response to major marine pollution incidents, the introduction of an environmental fee on

oil and other hazardous and noxious substances unloaded and loaded in ports should

be considered. The adoption of such a measure would enable the recovery of the bills

for oil spill prevention and emergency preparedness response services, which, to a large

extent, are currently footed by the taxpayer36.

The sharing of the above-mentioned fiscal policy measure at the level of the European

Union and of the EUSAIR member countries, together with the provision of a common

minimum rate to avoid competitive asymmetries, would ensure that the Member States

receive definite financial resources that could be earmarked for strengthening their

national emergency prevention and response mechanisms.

35 Goal 14 of the UN 2030 Agenda for Sustainable Development is to "conserve and sustainably use the

oceans, seas and marine resources for sustainable development". The target of this goal, by 2020, is to

"sustainably manage and protect marine and coastal ecosystems to avoid significant adverse impacts,

including by strengthening their resilience, and take action for their restoration in order to achieve healthy

and productive oceans" (target 14.2). 36 According to the EUROSTAT classification, expenditure for pollution prevention and abatement is classed

as “environmental expenditure”.

38 CORTE DEI CONTI

CORTE DEI CONTI

39

INTERNATIONAL COOPERATION

Contents: 1. International agreements and duty of co-operation in the management of accidents.

– 2. The international bodies responsible for supporting the States in the prevention and

management of pollution from hydrocarbons and other noxious substances. – 3. Regional

cooperation agreements and participation in projects of common interest. - 4. Participation in the

projects financed by the European Union. – 5. Summary considerations.

1. International agreements and duty of co-operation in the management of

accidents

Italy is signatory to numerous international conventions on safety of navigation,

environmental protection and cooperation between States in the management of

environmental emergencies caused by oil spills. Of the main conventions addressing

hydrocarbon pollution, Italy's accession to the Barcelona Convention for the Protection

of the Marine Environment and the Coastal Region of the Mediterranean should take

pride of place37. The instrument used to implement the Convention – whose main aims

are to prevent, limit and minimise pollution of the sea and the coast, improve the

environment and enable the sustainable use of its resources – is the Mediterranean

Action Plan (MAP).

With regard to the prevention and fight of marine pollution, the OPRC Convention38,

which entered into force on 13 May 1995 and was ratified by Italy by Law 464/1998,

governs preparedness for and cooperation in responding to oil spills, forcing the member

countries to provide for the necessary vessels, equipment and specialised personnel to

tackle emergency situations arising from accidental oil pollution and to provide

assistance to the other members. Cooperation in combating pollution of the

Mediterranean Sea in the case of spills of oil and other noxious substances was further

strengthened by the adoption of the Emergency Protocol, signed in Malta, on 25 January

2002, and ratified by Italy by Law 79/2016. The Emergency Protocol provides that the

Contracting Parties shall endeavour to maintain and promote, individually or through

37 The Convention, signed in Barcelona on 16 February 1976 and ratified in Italy by Law 30/1979, features

six attached protocols covering specific aspects of environmental protection. 38 International Convention on Oil Pollution Preparedness, Response and Co-Operation.

40 CORTE DEI CONTI

bilateral or multilateral cooperation, emergency plans and other means to prevent and

combat pollution incidents.

2. The international bodies responsible for supporting the States in the

prevention and management of pollution from hydrocarbons and other

noxious substances

The Regional Marine Pollution Emergency Response Centre for the Mediterranean

Sea (REMPEC) plays a key role in coordinating the implementation of the Barcelona

Convention and the operations to combat marine pollution. In the event of a major

accident, the Operations Centre at the Mite sends a formal communication to REMPEC

to share information on the accident, acquire assessments for managing the accident

and, if necessary, requests assistance from the Parties to the Emergency Protocol.

Of particular importance is EMSA's role in ensuring a uniform level of maritime safety

and prevention of pollution caused by ships at European level. EMSA provides ships and

equipment to combat marine pollution at the request of the interested States. It also

organises annual meetings of the CTG - MPPR39 (Consultative Technical Group –

Maritime Pollution Preparedness and Response) and the PRS – UG40 (Pollution

response Services – User Group), which are also attended by personnel from the

General HQ of the Harbour Masters/Coast Guard, on behalf of the Directorate-General

for the Sea and Coasts of the Mite.

Italy, moreover, through the technical staff of ISPRA, also participates in the

Mediterranean Assistance Unit (MAU), a technical-scientific assistance mechanism set

up to deal with the environmental consequences of maritime accidents and accidental

spills. This structure was set up in 1993 by the Contracting Parties to the Barcelona

Convention and coordinated by REMPEC, with the purpose to provide rapid technical

advice and services in emergencies, relying on highly qualified experts in crisis

management, organisation of resources, forecasting the behaviour of pollutants at sea

and response techniques at sea and on the coast.

39 The purpose of the CTG-MPPR is to share best practices, in order to raise the level of pollution

preparedness and response capacity of the Member States, and to define priorities in the field of marine

pollution response. 40 The PRS-UG is the meeting through which EMSA – consistently with its mandate – updates the framework

of services provided to improve the response capacity of the Member States to major pollution and through

which it provides guidance on possible needs for the geographical and operational deployment of anti-

pollution resources.

CORTE DEI CONTI

41

3. Regional cooperation agreements and participation in projects of common

interest

Italy is a partner to "Ramoge", a scientific, technical, legal and administrative

cooperation agreement signed in 1976, by the French, Italian and Monegasque

Governments, to prevent and combat marine pollution in the waters of the Provence-

Alpes-Côte d'Azur Region, the Principality of Monaco and the Liguria Region. In 1993,

France, Italy and the Principality of Monaco decided, within the framework of Ramoge,

to set up an intervention plan (Ramogepol) to combat accidental marine pollution in the

Mediterranean41. The Ramoge Agreement, together with the Lion Plan (signed in 2002

by France and Spain) and the South-Western Mediterranean Plan (signed in 2002 by

Algeria, Morocco and Tunisia), are the most important instruments of cooperation and

mutual intervention between the Mediterranean Sea States, with the aim of limiting,

through a joint response, the impact and damage caused by the spillage of hydrocarbons

or other hazardous and noxious substances.

In 2005, Italy, Slovenia and Croatia, in accordance with the cooperation commitments

undertaken within the framework of the Barcelona Convention, developed, with the

assistance of REMPEC, a "Sub-regional emergency prevention, preparedness and

response plan for serious marine pollution incidents in the Adriatic Sea". A significant

drive towards relaunching initiatives for the negotiation of an international cooperation

agreement is featured in the European Union Strategy for the Adriatic and Ionian Region

(EUSAIR), which has indicated the development of a sub-regional contingency plan for

the prevention of pollution in the Adriatic Sea among the priorities to be achieved in 2021

in the fight against marine pollution.

41 The plan sets out the operational procedures, the available resources and the methods of intervention,

according to which the mutual availability of resources, depending on the site of the incident, may be either

automatic or at the request of the competent national authority. The constant updates of the intervention

plan (2005, 2012, 2016) and the exchange of experts are proof of the vitality of the cooperation established

between the three countries, reinforced by the annual exercises to combat accidental pollution.

42 CORTE DEI CONTI

4. Participation in the projects financed by the European Union

Among the international cooperation initiatives in which MITE participates, it is worth

mentioning the Western Mediterranean Region Marine Oil and HNS Pollution

Cooperation (West MO.Po.Co.)42. Project, in which the institutions of the Western

Mediterranean (Algeria, Morocco and Tunisia, France, Italy, Malta, Monaco and Spain)

involved in preventing and combating marine pollution by hydrocarbons and other

harmful substances. The main purpose of this project is to strengthen international

cooperation and improve the response capacity to pollution from hydrocarbons and other

noxious substances. The initiative is led by the UNEP-IMO Regional Marine Pollution

Emergency Response Centre for the Mediterranean Sea (REMPEC), while Italy

participates in the technical and scientific implementation of the project through ISPRA.

In the framework of the EU Strategy for the Adriatic and Ionian Region (EUSAIR)43,

the European Union has promoted several transnational cooperation initiatives such as

the Adriatic-Ionian Programme (ADRION), one of the objectives of which is the

development and implementation of an intervention plan for tackling marine pollution

caused by oil spills. Among the activities financed by the Programme, of particular

interest is the HarmoNIA (Harmonization and Networking for contaminant assessment in

the Ionian and Adriatic Seas) project, aimed at harmonising the methodologies for

assessing good environmental status and monitoring the risk due to the release of

contaminants from different pollution sources44.

42 A project co-financed by the EC Directorate-General for Civil Protection and Humanitarian Aid Operations

(DG ECHO). In the framework of the West MO.Po.Co. project, the assessment tool called RETOS™

("Readiness Evaluation Tool for Oil Spills") was tested, aimed at assessing the effectiveness of response

planning and emergency management tools adopted in different countries to tackle accidental pollution from

hydrocarbons and other noxious substances. 43 The EU Strategy for the Adriatic and Ionian Region (EUSAIR) is a macro-regional strategy adopted by the

European Commission and endorsed by the European Council in 2014. Through the Adriatic-Ionian

Interregional Plan (ADRION), it promotes cooperation between 9 countries, of which 4 are Member States

(Italy, Slovenia, Croatia and Greece) and 5 are non-Member States (Montenegro, Albania, Bosnia and

Herzegovina, Serbia and North Macedonia), aimed at sustainable economic and social development in the

Adriatic and Ionian regions through economic growth and job creation, the improvement of attractiveness,

competitiveness and connectivity, as well as through the protection of the environment and the preservation

of healthy and balanced marine and coastal ecosystems. Within the "Blue Growth" pillar of the European

Strategy, the theme of water pollution includes, as possible actions, shared planning and capacity building

to prevent and address oil spills and other incidents. 44 Directive 2008/56/EC establishing a framework for community action in the field of marine environmental

policy, transposed into Italian law by Legislative Decree 190/2010, commits EU Member States to develop their own strategy and implement the necessary measures to achieve good environmental status by 2020.

CORTE DEI CONTI

43

At the European level, one of the more recent initiatives for handling and combating

marine pollution is the ASOSCOP project45, presented in the framework of a call for

proposals of the European Union Civil Protection Mechanism (UCPM), with the aim of

strengthening the system of protection of the Adriatic Sea from pollution caused by ships

through the implementation of a sub-regional emergency plan. This proposal, in which

Italy participates with OGS (National Institute of Oceanography and Experimental

Geophysics), stems from the need to update the procedures of the sub-regional plan

adopted by Italy, Croatia and Slovenia in 2005 and never implemented, as well as the

opportunity to extend its effectiveness to all countries of the Adriatic region.


The environmental risks associated with the intense traffic and volumes of

hydrocarbons transported along the Adriatic route have made it essential to consider the

possibility of improving the national system for managing pollution caused by the spillage

of hydrocarbons or other hazardous and noxious substances into the sea. Although this

system has demonstrated its ability to effectively manage highly complex situations, the

high environmental and socio-economic risks associated with the intense transport of

hydrocarbons and other noxious substances call for a system-wide reflection on the

aspects of prevention and emergency preparedness and response.

The experience acquired within the framework of the cooperation projects financed by

the European Union 46 can offer useful tools for drawing a map of the more vulnerable

The Corte dei Conti, in its resolution no. 20/2019/G, examined “Measures for the protection of the marine

environment aimed at achieving good environmental status by 2020”. 45 The ASOSCOP (Adriatic Sea Oil Spill Contingency Plan) project, presented in relation to a call by the EU

Civil Protection Mechanism (UCPM), is coordinated by the Ministry of the Sea, Transport and Infrastructure

of the Republic of Croatia and involves Government bodies, universities and research institutions in Italy,

Montenegro and Slovenia. 46 By way of example only, it should be noted that the European Union has financed numerous projects

dedicated to the protection of the marine environment. Of particular interest are the HAZADR project

(Strengthening common reaction capacity to fight sea pollution of oil, toxic and hazardous substances in

Adriatic sea), aimed at creating a cross-border network for risk prevention and emergency management, in

order to reduce the risk of pollution of the Adriatic Sea; the PORTODIMARE project, which aims at creating

a platform (geoportal) with information, data and tools useful for the management of marine and coastal

areas of the Adriatic-Ionian Region; the SHAREMED project (Sharing and enhancing capabilities to address

environmental threats in Mediterranean Sea", aimed at studying the hazardousness of pollutants and

improving the observation and assessment capacity of the state of the sea; the SHAPE project, which

includes, among other things, the mapping of the vulnerability of the coast and of the distribution of useful

means and materials in case of spillage of hydrocarbons and other hazardous and noxious substances, as

44 CORTE DEI CONTI

areas, the creation of a database on the availability of ships and equipment for

emergency management, and the improvement of warning and response systems to

polluting incidents. It is to be hoped that the Directorate-General for the Sea and Coasts

of the Ministry for Ecological Transition will evaluate the best experiences gained from

these projects, enhancing and possibly developing those most useful for strengthening

the national anti-pollution system.

In more general terms, the Strategy for the Adriatic-Ionic Region, according to the

policies set out by the European Parliament47, represents an opportunity to develop

cooperation projects and address common problems such as maritime traffic safety and

environmental protection. With this in mind and pending the adoption of a common

emergency response plan for all the states in the Adriatic Sea basin, it would be

appropriate to agree on bilateral or multilateral response protocols for areas with a high

level of oil and chemical tanker traffic near the borders of several states.

This is particularly the case in the Gulf of Trieste – a maritime area that includes the

territorial waters of Italy, Slovenia and Croatia – and in the Straits of Otranto, a short

stretch of sea with high traffic density separating Italy from Albania.

well as a real-time position system of ships in the Adriatic Sea with the association of an intrinsic risk index

to each of them (COMADEX). 47 The European Parliament, in its resolution of 28 October 2015 on the EU Strategy for the Adriatic-Ionian

Region, urged the establishment of “joint contingency plan for oil spills and large-scale pollution events, in

order to create an early warning system to prevent natural disasters and those caused by industrial, transport

and other activities, such as floods, fires and exploitation activities in the Adriatic”.

CORTE DEI CONTI

45

OUTCOME OF THE CONTRADICTORY PROCEDURE, CONCLUDING

CONSIDERATIONS AND RECOMMENDATIONS

The capacity to manage an emergency caused by the marine spillage of

hydrocarbons or other hazardous and noxious substances is closely related not only to

the effectiveness of the warning and response planning system, but also to the ability to

ensure a prompt and coordinated response. In recent decades, the Italian emergency

response system to sudden marine pollution, characterised by an organisation that relies

on the managerial, scientific and operational skills of public and private entities, has

demonstrated its ability to deal efficiently and effectively with highly complex situations.

The strengths of the emergency response system lie in the high level of

professionalism involved in the prevention of, preparedness for and response to marine

pollution, as well as in the ability of all the components of the system (Ministry for

Ecological Transition – General HQ of the Harbour Masters – Coast Guard Authority –

RAM – Maritime Directorates and Districts – ISPRA - Anti-pollution fleet operated by

Castalia s.c.p.a.) to effectively and synergistically liaise and cooperate.

Despite a positive opinion of the management in this audit, the Corte dei Conti

nevertheless thinks it is necessary to formulate recommendations and proposals to the

political decision-makers and the government departments concerned in order to

improve the overall efficiency of the anti-pollution system, in terms of the regulation,

prevention, planning and response to serious emergencies that may affect the marine

environment and the economy of coastal areas.

On a regulatory level, it should be noted that, to date, the fundamental provisions

governing protection of the sea are contained in Law 979/1982. Almost forty years after

its entry into force, this fundamental law needs to be overhauled to reflect the changed

legal framework, also taking into account the new forms of pollution that pose a threat to

the biodiversity of the marine environment and to human health.

With regard to emergency preparedness activities, while acknowledging the existence

of operational plans at both national and local level, we recommend a revision of the Civil

Protection Department's National Emergency Response Plan and the Ministry for

Ecological Transition's Emergency Response Operational Plan, with a view to

eliminating the current shortcomings and standardising the technical aspects and

intervention procedures, so as to provide a single reference framework for national

46 CORTE DEI CONTI

operators and international partners on emergency response procedures to marine

pollution.

With reference to emergency plans for coastal protection, it is noted that the risk of

oil slicks is not adequately mitigated either by specific intervention plans or by the

availability of adequate means and equipment (booms, skimmers, cleaning tools,

mechanical removal equipment). Therefore, it is highly desirable for the Civil Protection

Department to exert a propulsive and coordinating action on the regional and local Civil

Protection Services, for the purpose of supplementing the provincial and local plans with

special sections dedicated to the management of coastal pollution.

On the prevention side, while acknowledging the efforts made by all the components

of the system, our recommendation is to ensure, on the basis of a shared methodology,

a constant update of the oil spill index, and the definition of the main environmental

indicators (vulnerability of the coasts and levels of sensitivity) and socio-economic

indicators (areas with a high density of tourism or characterized by significant fishing and

mariculture activities), taking into account the data on maritime traffic volumes of

potentially polluting substances (number of ships and quantity of goods handled) and on

the accidents recorded in the various maritime districts.

Also on the subject of prevention, special attention should be paid to the training

programmes of the Harbour Masters/Coast Guard personnel. In this regard, it is

underlined how the experiences built up as a result of the exercises and fight against

pollution represent an important fact-finding tool that can be shared through digital and

communication systems in order to foster the circulation and socialisation of the data, to

the benefit of the organisational learning.

As far as the emergency response activities are concerned, Italy tackles the

environmental risks arising from oil spills through a consortium of companies which

operates by deploying a fleet of vessels equipped to contain and remove the polluting

substances. In view of the changed structure of the naval anti-pollution system, our

recommendation is to verify the adequacy of the vessels deployed in the maritime areas

with the heaviest oil tanker traffic (for the Adriatic Sea, this includes, first and foremost,

the northern Adriatic Sea and in the Strait of Otranto) towards all the Adriatic Sea ports,

as well as the possible activation of a second line of response that could consist of anti-

pollution vessels to be mobilised in the more serious cases of emergency.

On the financial side, there has been a gradual reduction in the amount of resources

allocated to the Directorate-General for the Sea and Coasts of the Mite for activities to

CORTE DEI CONTI

47

prevent and combat pollution from hydrocarbons and other hazardous and noxious

substances, despite an increase in the risks posed not only by the heavy oil tanker traffic

but also by the gradual increase in other major forms of pollution, such as the massive

presence of plastic waste.

On the same subject, it should be noted that cost savings and additional financial

resources could be achieved by wider participation in calls for proposals launched by the

EU for the implementation of applied research projects and innovative systems in the

field of oil spill prevention and management. Furthermore, to achieve greater impact,

private-sector fundraising through calls for sponsors and crowdfunding projects could

provide additional resources for targeted environmental projects.


medium-to-long-term sustainability of an effective marine pollution preparedness and

response system, the possibility of charging environmental fees on hydrocarbons or

other hazardous and noxious substances (loaded and unloaded in ports) could be

explored. Sharing these fiscal policy measures at the EU and EUSAIR Member State

level, together with the provision of a common minimum rate to avoid competitive

asymmetries, would ensure definite financial resources that could be used to enhance

the national prevention and emergency response mechanisms.

The environmental risks associated with heavy commercial traffic of potentially

polluting substances in marine environments necessarily requires cross-border

cooperation in the field of prevention and emergency response. The experience built up

to date, within the framework of the projects financed by the European Union for the

Adriatic-Ionian Region, provides concrete tools for drawing a map of the most vulnerable

areas and for launching projects aimed at improving early warning and response

mechanisms to contain serious pollution incidents.

It is to be hoped that a common emergency response plan for all the states bordering

the Adriatic Sea will be adopted within a reasonable timeframe. Pending the formalisation

of a cooperation agreement based on a fair contribution of resources by the participants,

intervention protocols should be agreed on a bilateral or multilateral basis for areas with

heavy oil and chemical tanker traffic near the borders of several states, accompanied by

annual joint exercise programmes.

The start of a constructive dialogue on the issues of shipping safety and the fight

against marine pollution, facilitated by the cultural, social and economic links that unite

the two Adriatic seaboards, could be the first step towards the attainment of further

48 CORTE DEI CONTI

results, consistent with the objectives of the EUSAIR Strategy and the UN 2030 Agenda,

such as the establishment – within an international co-operation body48 – of a permanent

Committee for the conservation and protection of the Adriatic Sea, as an institutional

forum for exchanging information and experiences, disseminating and transferring good

practices and developing joint environmental projects.

*** *** ***

On the grounds of the audit findings, we believe that we can provide comprehensive

answers to the main and secondary questions as follows.

How efficient is the national emergency response system to sudden and

accidental marine pollution?

The national emergency response system for marine pollution, thanks to a well-

designed organisational structure, with high levels of professionalism and adequate

means, has demonstrated, over the last few decades, that it is capable of efficiently

managing situations of emergency that are also characterised by high levels of

complexity. The strengths of this system are to be found in the clear chain of command

and related responsibilities, the ability to achieve full synergy among all the system

components, the availability of both national and local emergency response plans, and

the prompt deployment of a fleet of vessels specialised in combating pollution along the

entire Italian coastline.

Is the national emergency response system for pollution accidents at sea


48 Among the international cooperation institutions having specific competence for the Adriatic Regions and

the western Balkans, are the Adriatic and Ionian Initiative (AII) and the Central European Initiative (CEI). The

establishment of a standing Committee for the conservation and protection of the Adriatic Sea could facilitate

the exchange of information and experiences, the dissemination and transfer of good practices and the

development of common projects on environmental matters.

CORTE DEI CONTI

49

The national response system to marine pollution emergencies is governed by rules,

regulations and operational plans that identify the competences and responsibilities of

the bodies in charge of emergency management. Although the regulatory and planning

framework is considered to be substantially adequate for emergency management, we

nevertheless recommend the updating of Law 979/1982 (reference legislation for sea

protection purposes) in order to reflect the changed institutional framework. It is also

desirable to revise and harmonise the National Response Plans adopted by the Ministry

for Ecological Transition and the Civil Protection Department by removing the current

shortcomings and harmonising the technical aspects and intervention procedures. This

would provide a single reference framework for national operators and international

partners. Since most provincial and municipal civil protection plans do not include

specific sections tackling these critical issues, shortcomings in the response planning of

oil spills or other pollutants persistently occur.

Is the national emergency response system for pollution accidents at sea suited

to dealing with sudden and accidental pollution contingencies?

The means and equipment used to fight marine pollution have proved to be adequate

for the management of highly complex emergencies. In order guarantee high standards

of protection and response for the management of particularly serious scenarios in the

future as well we recommend the monitoring of the new anti-pollution fleet, the size of

which has been reduced and partially reassigned to marine litter collection duties. The

risk of serious polluting events, due to both the heavy tanker traffic in the Adriatic Sea

and the presence of oil platforms, requires a reflection on the opportunity to provide for

the mobilisation of a second line of response for very serious cases of marine pollution,

in maritime areas with a high risk of oil spills.

Are the emergency response plans updated to adapt to the international best

practices?

Participation in major European and international forums on the prevention and

management of oil spill emergencies, the active role played by the Italian Authorities

under the Ramoge agreement and in the exercises that periodically take place in the

50 CORTE DEI CONTI

Mediterranean Sea, as well as participation in important international research projects

ensure that accident prevention measures and response procedures are constantly

updated to the best practices in the sector.

Has a transnational operational response plan been put into place to address

major pollution accidents in international waters?

In 2005, with the assistance of REMPEC, Italy, Slovenia and Croatia developed a

Joint Response Plan for managing marine pollution incidents. However, this plan was

never implemented. The risk of serious accidents leading to the spillage of large

quantities of hydrocarbons makes it advisable – in accordance with the wish expressed

by the European Parliament – to define a Joint Response Plan by the EUSAIR member

countries. Pending the formalisation of a cooperation agreement based on fair

contributions by the participating States, local response protocols should be adopted and

joint exercises carried out in the areas of the Adriatic Sea that are most vulnerable to oil

spills. Such activities should be considered useful not only for the improvement of the

response capacity to marine pollution but also for the initiation of a virtuous cooperation

among the national and local emergency response authorities, through the mutual

exchange of experiences and knowledge.

Does the State budget provide for adequate financing of the national emergency

response system for pollution accidents at sea?

The emergency preparedness and response system is funded by the Mite budget and

the relevant funds have been steadily decreasing over the last five years. In view of the

need to guarantee high-level response to environmental emergencies, it is considered

necessary to ensure that the Directorate-General for the Sea and Coasts of the Mite

receives adequately financial and human resources to allow it to fully carry out its function

of protecting the marine environment. It is also desirable to increase participation in EU

calls for proposals for research projects on the prevention of marine pollution and to

launch initiatives aimed at obtaining additional financial resources (crowdfunding and

sponsorship contracts). With a view to redistributing the costs of environmental

protection and ensuring the medium-to-long-term sustainability of an effective

preparedness and response system for serious marine pollution incidents, consideration

CORTE DEI CONTI

51

should be given to introducing an environmental fee on hydrocarbons or other hazardous

and noxious substances loaded and unloaded in ports, in order to allow for the recovery

of all or part of the costs incurred for the prevention of, preparedness for and response

to marine pollution, which are currently funded with taxpayer money. The sharing of the

above-mentioned fiscal policy measure at EU and EUSAIR Member State level, together

with the provision of a common minimum rate aimed at avoiding competitive

asymmetries, would ensure that Member States have precise financial resources to

enhance the national emergency prevention and response mechanisms.

52 CORTE DEI CONTI

LEGEND OF ABBREVIATIONS AND ACRONYMS

Abbreviations

art. article

d.i. interdepartmental decree

d.l. decree law

d.lgs. legislative decree

d.m. ministerial decree

d.p.c.m. decree of the President of the Council of Ministers

d.p.r. decree of the President of the Republic

l.r. regional law

Acronyms

EMSA European Maritime Safety Agency

IMO International Maritime Organisation

ISPRA Istituto Superiore per la Protezione e la Ricerca Ambientale / Higher

Institute for Environmental Protection and Research

OCSE Organisation for Economic Co-operation and Development

OPRC International Convention on Oil Pollution Preparedness, Response

and Cooperation

Mite Ministero per la transizione ecologica / Ministry for Ecological

Transition

Mims Ministero delle infrastrutture e della mobilità sostenibili / Ministry of

Sustainable Infrastructure and Mobility

RAM Reparto Ambientale Marino del Corpo delle Capitanerie di Porto –

Guardia Costiera / Harbour Master’s Environmental Marine

Department

REMPEC Regional Marine Pollution Emergency Response Centre for the

Mediterranean Sea

EU European Union

CORTE DEI CONTI

53




EFFICIENCY AUDIT OF MANAGING INTERVENTIONS IN CASE OF SUDDEN

POLLUTION IN THE ADRIATIC SEA

(EXECUTIVE SUMMARY)




EFFICIENCY AUDIT OF MANAGING INTERVENTIONS IN CASE OF

SUDDEN POLLUTION IN THE ADRIATIC SEA

Rapporteurs

President Giovanni Coppola

Counsellor Giancarlo Antonio Di Lecce

Acknowledgements to Anna Teresa Piccinin for her collaboration in data processing and editing activities.

CONTENTS

EXECUTIVE SUMMARY

1. Purpose and methodology of the audit ………………………………………………………………………………………….. 1

2. Audit queries ……………………………………………………………………………………………………………………………….... 1

3. Findings and conclusions ……………………………………………………………………………………………………………….. 2

4. The answers to the main and secondary questions ............................................................................ 6

CORTE DEI CONTI

1

EXECUTIVE SUMMARY

1. Purpose and methodology of the audit

This audit – conducted by the Audit Chamber for EU and International Affairs and the

Chamber for the Performance Audit on the Management of the State Administrations –

is part of a joint initiative of the Supreme Audit Institutions of Italy, Albania, Bosnia-

Herzegovina, Croatia, Montenegro and Slovenia, aimed at determining the efficiency of

the national emergency response systems for pollution from sudden and accidental spills

of petroleum hydrocarbons or other hazardous and noxious substances.

The Italian audit was carried out through documentary investigations, consultation of

institutional websites and databases, contradictory with representatives of the General-

Directorate for the Sea and Coasts of the Ministry for Ecological Transition (Mite), the

General HQ of Harbour Masters/Coast Guard, the Ministry of Sustainable Infrastructure

and Mobility (Mims), ISPRA, the Civil Protection Department of the Presidency of the

Council of Ministers, the Civil Protection Services of the Adriatic Regions, and the Port

System Authorities of the Adriatic Sea.

2. Audit queries

In order to assess the efficiency of the national preparedness and response systems

to sudden and accidental marine pollution on a common benchmark, the Supreme Audit

Institutions of the countries participating in the audit, based on the ISSAI 3000 standard,

agreed on the following main query:

“How efficient is the national emergency response system to sudden and accidental

marine pollution?”

An additional set of questions was prepared by each Supreme Audit Institution. The

Corte dei Conti (Italian Court of Auditors) decided to further investigate specific

2 CORTE DEI CONTI

regulatory, organisational, operational and financial aspects of the response system to

environmental emergencies at sea, by formulating the following additional questions:

"Is the national emergency response system for pollution accidents at sea governed

by adequate rules, regulations, directives and operational plans?”

"Is the national emergency response system for pollution accidents at sea suited to

dealing with sudden and accidental pollution contingencies?"

"Are the emergency response plans updated to adapt to the international best

practices?"

"Has a transnational operational response plan been put into place to address major

pollution accidents in international waters?"

"Does the State budget provide for adequate financing of the national emergency

response system for pollution accidents at sea?"

3. Findings and conclusions

The capacity to manage an emergency caused by the marine spillage of

hydrocarbons or other hazardous and noxious substances is closely related not only to

the effectiveness of the warning and response planning system, but also to the ability to

ensure a prompt and coordinated response.

In recent decades, the Italian emergency response system to sudden marine

pollution, characterised by an organisation that relies on the managerial, scientific and

operational skills of public and private entities, has demonstrated its ability to deal

efficiently and effectively with highly complex situations.

The strengths of the emergency response system lie in the high level of

professionalism involved in the prevention of, preparedness for and response to marine

pollution as well as in the ability of all the components of the system (Ministry for

Ecological Transition – General HQ of the Harbour Masters – Coast Guard Authority –

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3

RAM – Maritime Directorates and Districts – ISPRA - Anti-pollution fleet operated by

Castalia s.c.p.a.) to effectively and synergistically liaise and cooperate.

Despite a positive opinion of the management in this audit, the Corte dei Conti

nevertheless thinks it is necessary to formulate recommendations and proposals to the

political decision-makers and the government departments concerned in order to

improve the overall efficiency of the anti-pollution system, in terms of the regulation,

prevention, planning and response to serious emergencies that may affect the marine

environment and the economy of coastal areas.

On a regulatory level, it should be noted that, to date, the fundamental provisions

governing protection of the sea are contained in Law 979/1982. Almost forty years after

its entry into force, this fundamental law needs to be overhauled to reflect the changed

legal framework, also taking into account the new forms of pollution that pose a threat to

the biodiversity of the marine environment and to human health.

With regard to emergency preparedness activities, while acknowledging the existence

of operational plans at both national and local level, we recommend a revision of the Civil

Protection Department's National Emergency Response Plan and the Ministry for

Ecological Transition's Emergency Response Operational Plan, with a view to

eliminating the current shortcomings and standardising the technical aspects and

intervention procedures, so as to provide a single reference framework for national

operators and international partners on emergency response procedures to marine

pollution.

With reference to emergency plans for coastal protection, it is noted that the risk of

oil slicks is not adequately mitigated either by specific intervention plans or by the

availability of adequate means and equipment (booms, skimmers, cleaning tools,

mechanical removal equipment). Therefore, it is highly desirable for the Civil Protection

Department to exert a propulsive and coordinating action on the regional and local Civil

Protection Services, for the purpose of supplementing the provincial and local plans with

special sections dedicated to the management of coastal pollution.

On the prevention side, while acknowledging the efforts made by all the components

of the system, our recommendation is to ensure, on the basis of a shared methodology,

a constant update of the oil spill index, and the definition of the main environmental

(vulnerability of the coasts and levels of sensitivity) and socio-economic indicators (areas

with a high density of tourism or characterized by significant fishing and mariculture

activities), taking into account the data on maritime traffic volumes of potentially polluting

4 CORTE DEI CONTI

substances (number of ships and quantity of goods handled) and on the accidents

recorded in the various maritime districts.

Also, on the subject of prevention, special attention should be paid to the training

programmes of the Harbour Masters/Coast Guard personnel. In this regard, it is

underlined how the experiences built up as a result of the exercises and fight against

pollution represent an important fact-finding tool that can be shared through digital and

communication systems in order to foster the circulation and socialisation of the data, to

the benefit of the organisational learning.

As far as the emergency response activities are concerned, Italy tackles the

environmental risks arising from oil spills through a consortium of companies which

operates by deploying a fleet of vessels equipped to contain and remove the polluting

substances. In view of the changed structure of the naval anti-pollution system, our

recommendation is to verify the adequacy of the vessels deployed in the maritime areas

with the heaviest oil tanker traffic (for the Adriatic Sea, this includes, first and foremost,

the northern Adriatic Sea and in the Strait of Otranto) towards all the Adriatic Sea ports,

as well as the possible activation of a second line of response that could consist of anti-

pollution vessels to be mobilised in the more serious cases of emergency.

On the financial side, there has been a gradual reduction in the amount of resources

allocated to the Directorate-General for the Sea and Coasts of the Mite for activities to

prevent and combat pollution from hydrocarbons and other hazardous and noxious

substances, despite an increase in the risks posed not only by the heavy oil tanker traffic,

but also by the gradual increase in other major forms of pollution, such as the massive

presence of plastic waste.

On the same subject, it should be noted that cost savings and additional financial

resources could be achieved by wider participation in calls for proposals launched by the

EU for the implementation of applied research projects and innovative systems in the

field of oil spill prevention and management. Furthermore, to achieve greater impact,

private-sector fundraising through calls for sponsors and crowdfunding projects could

provide additional resources for targeted environmental projects.


medium-to-long-term sustainability of an effective marine pollution preparedness and

response system, the possibility of charging environmental fees on hydrocarbons or

other hazardous and noxious substances (loaded and unloaded in ports) could be

explored. Sharing these fiscal policy measures at the EU and EUSAIR Member State

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5

level, together with the provision of a common minimum rate to avoid competitive

asymmetries, would ensure definite financial resources that could be used to enhance

the national prevention and emergency response mechanisms.

The environmental risks associated with heavy commercial traffic of potentially

polluting substances in marine environments necessarily requires cross-border

cooperation in the field of prevention and emergency response. The experience built up

to date within the framework of the projects financed by the European Union for the

Adriatic-Ionian Region provides concrete tools for drawing a map of the most vulnerable

areas and for launching projects aimed at improving early warning and response

mechanisms to contain serious pollution incidents.

It is to be hoped that a common emergency response plan for all the States bordering

the Adriatic Sea will be adopted within a reasonable timeframe. Pending the formalisation

of a cooperation agreement based on a fair contribution of resources by the participants,

intervention protocols should be agreed on a bilateral or multilateral basis for areas with

heavy oil and chemical tanker traffic near the borders of several states, accompanied by

annual joint exercise programmes.

The start of a constructive dialogue on the issues of shipping safety and the fight

against marine pollution, facilitated by the cultural, social and economic links that unite

the two Adriatic seaboards, could be the first step towards the attainment of further

results, consistent with the objectives of the EUSAIR Strategy and the UN 2030 Agenda,

such as the establishment – within an international co-operation body1 – of a permanent

Committee for the conservation and protection of the Adriatic Sea, as an institutional

forum for exchanging information and experiences, disseminating and transferring good

practices and developing joint environmental projects.

1 Among the international cooperation institutions having specific competence for the Adriatic Regions and

the western Balkans, are the Adriatic and Ionian Initiative (AII) and the Central European Initiative (CEI). The

establishment of a standing Committee for the conservation and protection of the Adriatic Sea could facilitate

the exchange of information and experiences, the dissemination and transfer of good practices and the

development of common projects on environmental matters.

6 CORTE DEI CONTI

4. The answers to the main and secondary questions

- How efficient is the national emergency response system to sudden and

accidental marine pollution?

The national emergency response system for marine pollution, thanks to a well-

designed organisational structure, with high levels of professionalism and adequate

means, has demonstrated, over the last few decades, that it is capable of efficiently

managing situations of emergency that are also characterised by high levels of

complexity. The strengths of this system are to be found in the clear chain of command

and related responsibilities, the ability to achieve full synergy among all the system

components, the availability of both national and local emergency response plans, and

the prompt deployment of a fleet of vessels specialised in combating pollution along the

entire Italian coastline.

- Is the national emergency response system for pollution accidents at sea


The national response system to marine pollution emergencies is governed by rules,

regulations and operational plans that identify the competences and responsibilities of

the bodies in charge of emergency management. Although the regulatory and planning

framework is considered to be substantially adequate for emergency management, we

nevertheless recommend the updating of Law 979/1982 (reference legislation for sea

protection purposes) in order to reflect the changed institutional framework. It is also

desirable to revise and harmonise the National Response Plans adopted by the Ministry

for Ecological Transition and the Civil Protection Department by removing the current

shortcomings and harmonising the technical aspects and intervention procedures. This

would provide a single reference framework for national operators and international

partners. Since most provincial and municipal civil protection plans do not include

specific sections tackling these critical issues, shortcomings in the response planning of

oil spills or other pollutants persistently occur.

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7

- Is the national emergency response system for pollution accidents at sea

suited to dealing with sudden and accidental pollution contingencies?

The means and equipment used to fight marine pollution have proved to be adequate

for the management of highly complex emergencies. In order to guarantee high

standards of protection and response for the management of particularly serious

scenarios in the future as well, we recommend the monitoring of the new anti-pollution

fleet, the size of which has been reduced and partially reassigned to marine litter

collection duties. The risk of serious polluting events, due to both the heavy tanker traffic

in the Adriatic Sea and the presence of oil platforms, requires a reflection on the

opportunity to provide for the mobilisation of a second line of response for very serious

cases of marine pollution, in maritime areas with a high risk of oil spills.

- Are the emergency response plans updated to adapt to the international

best practices?

Participation in major European and international forums on the prevention and

management of oil spill emergencies, the active role played by the Italian Authorities

under the Ramoge agreement and in the exercises that periodically take place in the

Mediterranean Sea, as well as participation in important international research projects,

ensure that accident prevention measures and response procedures are constantly

updated to the best practices in the sector.

- Has a transnational operational response plan been put into place to

address major pollution accidents in international waters?

In 2005, with the assistance of REMPEC, Italy, Slovenia and Croatia developed a

Joint Response Plan for managing marine pollution incidents. However, this plan was

never implemented. The risk of serious accidents leading to the spillage of large

quantities of hydrocarbons makes it advisable – in accordance with the wish expressed

by the European Parliament – to define a Joint Response Plan by the EUSAIR member

countries. Pending the formalisation of a cooperation agreement based on fair

contributions by the participating States, local response protocols should be adopted and

8 CORTE DEI CONTI

joint exercises carried out in the areas of the Adriatic Sea that are most vulnerable to oil

spills. Such activities should be considered useful not only for the improvement of the

response capacity to marine pollution, but also for the initiation of a virtuous cooperation

among the national and local emergency response authorities, through the mutual

exchange of experiences and mutual knowledge.

- Does the State budget provide for adequate financing of the national

emergency response system for pollution accidents at sea?

The emergency preparedness and response system is funded by the Mite budget and

the relevant funds have been steadily decreasing over the last five years. In view of the

need to guarantee high-level response to environmental emergencies, it is considered

necessary to ensure that the Directorate-General for the Sea and Coasts of the Mite

receives adequately financial and human resources to allow it to fully carry out its function

of protecting the marine environment. It is also desirable to increase participation in EU

calls for proposals for research projects on the prevention of marine pollution and to

launch initiatives aimed at obtaining additional financial resources (crowdfunding and

sponsorship contracts). With a view to redistributing the costs of environmental

protection and ensuring the medium-to-long-term sustainability of an effective

preparedness and response system for serious marine pollution incidents, consideration

should be given to introducing an environmental fee on hydrocarbons or other hazardous

and noxious substances loaded and unloaded in ports, in order to allow for the recovery

of all or part of the costs incurred for the prevention of, preparedness for and response

to marine pollution, which are currently funded with taxpayer money. The sharing of the

above-mentioned fiscal policy measure at EU and EUSAIR Member State level, together

with the provision of a common minimum rate aimed at avoiding competitive

asymmetries, would ensure that Member States have precise financial resources to

enhance the national emergency prevention and response mechanisms.

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