ecm maritime ecm europe - 09 nov 2011
TRANSCRIPT
Introduction toECM Maritime Services, LLCECM Maritime Services, LLC
andandECM Europe Srl
Organization & ServicesOrganization & Services
09 Novembre 2011
Introduction toECM Maritime Services, LLCECM Maritime Services, LLC
andandECM Europe Srl
Organization & ServicesOrganization & Services
ECM Three pillars
1. Maritime regulatory compliance
2. Emergency preparedness
3. Environmental and responsemanagement
1. Maritime regulatory compliance
2. Emergency preparedness
3. Environmental and responsemanagement
ECM Europe’s Main Services
1. Integration of Management Systems *2. Ship Management Consultancy *3. Security Management
* From January 2012 these servicesWill be rendered with main partner
1. Integration of Management Systems *2. Ship Management Consultancy *3. Security Management
* From January 2012 these servicesWill be rendered with main partner
ECM Japan
POLARIS / Agent in Japan
607 B's Tower, 6-2-2 Hashimoto
Midori-Ku, Sagamihara-City
252-0143 Japan
Office Locations
ECM Norwalk, Connecticut
(Headquarters)
1 Selleck Street
Suite 511
Norwalk, CT 06855
ECM Houston, Texas
11550 Fuqua StreetSuite 315Houston, TX 77034
ECM Roanoke, Virginia
3959 Electric Road SW
Suite 200
Roanoke, VA 24018
ECM Seattle, Washington
900 Winslow Way EastSuite 250Bainbridge Island, WA 98110
ECM EuropeAgent in EuropePorto Turistico di Roma
Lungomare Duca Degli Abruzzi, 872
Rome 00121 Italy
Tel: +39 06 9760 6135
Fax: +39 06 9725 6010
Email: [email protected]
ECM Roanoke, Virginia
3959 Electric Road SW
Suite 200
Roanoke, VA 24018
ECM Irvine, California
320 Goddard
Suite 100
Irvine, CA 92618
ECM Seattle, Washington
900 Winslow Way EastSuite 250Bainbridge Island, WA 98110
ECM Panama
ECM (Panama) S.A.
P.O. Box 2007
Balboa, Ancon
Panama
ECM EuropeAgent in EuropePorto Turistico di Roma
Lungomare Duca Degli Abruzzi, 872
Rome 00121 Italy
Tel: +39 06 9760 6135
Fax: +39 06 9725 6010
Email: [email protected]
ECM EuropePorto Turistico di Roma (Lido di Ostia)
ECM provide Response Services in USA: Qualified Individual (QI) services as required under OPA 90
and California Law Spill Management Team (SMT) services USCG, California and Alaska Certificate of Financial
Responsibility arrangements Plan Writing
USCG Tank and Nontank Plans SOPEPs SMPEPs PCSOPEPs (Panama Canal SOPEP) OSRO and SMFF Vetting and Contracting AMPD Coverage Arrangements
Full Service Maritime RegulatoryCompliance Provider
ECM provide Response Services in USA: Qualified Individual (QI) services as required under OPA 90
and California Law Spill Management Team (SMT) services USCG, California and Alaska Certificate of Financial
Responsibility arrangements Plan Writing
USCG Tank and Nontank Plans SOPEPs SMPEPs PCSOPEPs (Panama Canal SOPEP) OSRO and SMFF Vetting and Contracting AMPD Coverage Arrangements
Additional Plan Writing California Tank and Nontank Alaska Nontank Washington VBAP and ECOPRO Ballast Water Management Plan (BWMP) Garbage Plans Security Plans (vessels and Facilities) Ship to Ship (STS) Transfer Plan All plans may be Class approved
Full Service Maritime RegulatoryCompliance Provider
Additional Plan Writing California Tank and Nontank Alaska Nontank Washington VBAP and ECOPRO Ballast Water Management Plan (BWMP) Garbage Plans Security Plans (vessels and Facilities) Ship to Ship (STS) Transfer Plan All plans may be Class approved
Inspections/Audits Assistance with USCG COC exams in USand/or Europe
World Wide assistance with Port State Control (PSC) On Board Attendance (Port Captain) Inspections / Audits (i.e. Navigational, etc) Leading provider to US Dept of Justice Environmental Crimes
Section of Auditing Services• External Audit Group/Independent Environmental Compliance
Program Consultant• Court Appointed Monitor• Third Party Auditor• Environmental Management System Manuals• Over 40 ECP cases
Full Service Maritime RegulatoryCompliance Provider
Inspections/Audits Assistance with USCG COC exams in USand/or Europe
World Wide assistance with Port State Control (PSC) On Board Attendance (Port Captain) Inspections / Audits (i.e. Navigational, etc) Leading provider to US Dept of Justice Environmental Crimes
Section of Auditing Services• External Audit Group/Independent Environmental Compliance
Program Consultant• Court Appointed Monitor• Third Party Auditor• Environmental Management System Manuals• Over 40 ECP cases
Drills & Exercises Quarterly QI Notification Annual SMT TTX AP Notification in Panama SMFF Annual TTX Facilitation
Training HAZWOPER Incident Command System (ICS) National Pollution Discharge
Elimination System/ Vessel GeneralPermit (NPDES/VGP)
Security Officer
Emergency Preparedness Drills & Exercises
Quarterly QI Notification Annual SMT TTX AP Notification in Panama SMFF Annual TTX Facilitation
Training HAZWOPER Incident Command System (ICS) National Pollution Discharge
Elimination System/ Vessel GeneralPermit (NPDES/VGP)
Security Officer
Preventing Environmental Violation
The prevalence of a highly focused and punitive regime inthe U.S. against MARPOL violators is not news.
Nor is the quantum of fines and penalties (financial andregulatory) levied upon operators
This has been the case since 1999/2000, when the firstcompanies were investigated and prosecuted
The prevalence of a highly focused and punitive regime inthe U.S. against MARPOL violators is not news.
Nor is the quantum of fines and penalties (financial andregulatory) levied upon operators
This has been the case since 1999/2000, when the firstcompanies were investigated and prosecuted
Preventing Environmental Violation
Dept. of Justice enforcement : PleaAgreement/ Environmental ComplianceProgram (ECP) cases:
2005 --- 15 ECP cases 2006 --- 6 ECP cases 2007 --- 15 ECP cases 2008 --- 14 ECP cases 2009 --- 9 ECP cases 2010 --- 7 ECP cases 2011 --- 5 ECP cases (that we are aware of)
Dept. of Justice enforcement : PleaAgreement/ Environmental ComplianceProgram (ECP) cases:
2005 --- 15 ECP cases 2006 --- 6 ECP cases 2007 --- 15 ECP cases 2008 --- 14 ECP cases 2009 --- 9 ECP cases 2010 --- 7 ECP cases 2011 --- 5 ECP cases (that we are aware of)
Preventing Environmental Violation
Even the U.S. Department of Justice (DoJ)recently expressed surprise over thefrequency and recurrence of APPS/MARPOLviolation.
They had (logically) assumed that suchcases would die a natural death over aperiod of a few years, once the message ofenforcement spread.
Yet, news of more violations keeps oncoming…
Even the U.S. Department of Justice (DoJ)recently expressed surprise over thefrequency and recurrence of APPS/MARPOLviolation.
They had (logically) assumed that suchcases would die a natural death over aperiod of a few years, once the message ofenforcement spread.
Yet, news of more violations keeps oncoming…
Escrow Fund established to pay for thisprogram
Vessel owner on probation with thisprogram for three (3) to five (5) years
Independent EMS Consultant retained toaudit office / all vessels
Court Appointed Monitor to be retained tosupervise Consultant
A strict Environmental ManagementSystem (EMS) to be implemented. EMSManual to be approved by USCG
General Plea Agreement Requirements
Escrow Fund established to pay for thisprogram
Vessel owner on probation with thisprogram for three (3) to five (5) years
Independent EMS Consultant retained toaudit office / all vessels
Court Appointed Monitor to be retained tosupervise Consultant
A strict Environmental ManagementSystem (EMS) to be implemented. EMSManual to be approved by USCG
In the majority of cases, a PleaAgreement is negotiated by the lawyers
For our part, the single most importantconstituent of the Plea Agreement is theEnvironmental ComplianceProgram/Plan (ECP), in MARPOL/APPScases
General Plea Agreement Requirements
In the majority of cases, a PleaAgreement is negotiated by the lawyers
For our part, the single most importantconstituent of the Plea Agreement is theEnvironmental ComplianceProgram/Plan (ECP), in MARPOL/APPScases
Environmental Compliance Program (ECP)
The EMS will include and address thefollowing:
environmental policy environmental requirements and voluntary
undertakings objectives and targets structure, responsibility and resources operational controls corrective, preventative action and emergency
procedures training, awareness and competence organizational decision making and planning document control continuous evaluation and improvement
The EMS will include and address thefollowing:
environmental policy environmental requirements and voluntary
undertakings objectives and targets structure, responsibility and resources operational controls corrective, preventative action and emergency
procedures training, awareness and competence organizational decision making and planning document control continuous evaluation and improvement
The “E” in ECP no longer stands for just “Environmental” Following an allision between a container vessel and the San
Francisco Bay Bridge during 2007, a large ship managementcompany has been placed on probation under an “Enhanced”Compliance Program, after being fined $10 Million.
This “ECP” requires fleetwide and training center audits of theCompany to promote navigation safety
Preventing Environmental Violation
The “E” in ECP no longer stands for just “Environmental” Following an allision between a container vessel and the San
Francisco Bay Bridge during 2007, a large ship managementcompany has been placed on probation under an “Enhanced”Compliance Program, after being fined $10 Million.
This “ECP” requires fleetwide and training center audits of theCompany to promote navigation safety
The upcoming scenario
31th December 2010 - Penalties for ship-source pollution arenow effective in Europe, EU Directive 2009/123/EC.
07th July 2011 - Penalties for ship-source pollution are noweffective in Italy, when the Italian Government implemented theduties imposed by above Directive. The Italian Decree 231/01 hasbeen amended accordingly.
Oct 2011 – ECM Europe launch the Voluntary EnvironmentalCompliance Program (VECP)
2012 - ?
31th December 2010 - Penalties for ship-source pollution arenow effective in Europe, EU Directive 2009/123/EC.
07th July 2011 - Penalties for ship-source pollution are noweffective in Italy, when the Italian Government implemented theduties imposed by above Directive. The Italian Decree 231/01 hasbeen amended accordingly.
Oct 2011 – ECM Europe launch the Voluntary EnvironmentalCompliance Program (VECP)
2012 - ?
Conclusion
Shipowners should protect to the maximum possible extenttheir assets against possible violations of environmentalrequirements by ships, office and shipboard personnelparticularly in the US waters;
One single violation could lead to : criminal prosecution of crewmembers and of the Company; to serious financial losses due to fines, legal expenses,
preparation and implementation of the ECP and initial andthird part audits as established in the Plea Agreement withthe US DoJ.
Protection may be achieved by implementing the USCG“Voluntary disclosure of Marpol violations” policy and VECP.
Shipowners should protect to the maximum possible extenttheir assets against possible violations of environmentalrequirements by ships, office and shipboard personnelparticularly in the US waters;
One single violation could lead to : criminal prosecution of crewmembers and of the Company; to serious financial losses due to fines, legal expenses,
preparation and implementation of the ECP and initial andthird part audits as established in the Plea Agreement withthe US DoJ.
Protection may be achieved by implementing the USCG“Voluntary disclosure of Marpol violations” policy and VECP.
ECM Europe’s Services
Our services acting as ECM’s EuropeanRepresentative
1. Environmental Compliance Program (ECP)2. In-office exercise based on VRP or SOPEP3. USCG Assistance
Training OPA’90 and other US Regulations NPDES Training ECP Training Incident Command System (ICS)
Our services acting as ECM’s EuropeanRepresentative
1. Environmental Compliance Program (ECP)2. In-office exercise based on VRP or SOPEP3. USCG Assistance
Training OPA’90 and other US Regulations NPDES Training ECP Training Incident Command System (ICS)
Our Team
Managing DirectorBruno Di Lascio
ECP Team
John BalaiGeorge Papoutsoglou
Davor BakotaMauro Castagnola
Safety Team
Carlo TrombettaJohn Bussells
Brian Vanderberghe
Quality Team
Andrea MonniAlina Zawadzka
Executive Senior Coach
Alessandro Palumbo
Lungomare Duca Degli Abruzzi, 87200121 Porto di Roma (Ostia)
RomaTel. 06.97.60.61.35Fax. 06.97.25.60.10www.ecmeurope.net
Lungomare Duca Degli Abruzzi, 87200121 Porto di Roma (Ostia)
RomaTel. 06.97.60.61.35Fax. 06.97.25.60.10www.ecmeurope.net