TO IDENTIFY OPTIMUM
MARITIME ADMINISTRATIVE
STRUCTURE AND LEGAL FRAMEWORKS
FOR SAFER SHIPPING IN THE APEC REGION

This is an application for funding under the [ X] Operational Account
                                                                [    ] TILF Special Account

Project No.

Date received by Secretariat

Name of Committee/Working Group: Transportation Working Group

Title of Project : To Identify Optimum Maritime Administrative Structure and Legal Framework for Safer Shipping in the APEC Region

Proposing APEC Member

Republic of Korea

Project Overseer : Mr. Jong-Eui Kim, Director, Safety Planning Division, Maritime Safety Office, Ministry of Maritime Affairs and Fisheries, Republic of Korea

Postal Address

Jinsol Blds. 826-14
Yeoksam-dong, Kangnam-ku,
Seoul, Korea 135-080

Tel : 82-2-3466-2170
Fax : 82-2-554-2145
E-mail :
msossd@momaf.go.kr

Financial Information

Total cost of proposal
Phase 1(2000) : US $42,000
Phase 2 funding will be sought separately

Amount being sought
From APEC Central
Fund : US $42,000

Project Start Date : January 2000

Project End Date : Phase 1 : January 2001

Project Purpose :

?/font> To improve maritime safety and pollution prevention and response through more effective maritime safety and marine environment administration in the APEC region.

?/font> To improve the effectiveness of implementing international treaties, including those of the International Maritime Organization(IMO), related to maritime safety and protection of the marine environment.

?/font> To respond to TPT-WG Transport Action Program which calls for the implementation of IMO standards, regulations and safety measures.

Signature of Project Overseer

Date

Signature of Committee Chair/WG Lead Shepherd

Date

A. PROJECT DESIGN

PROJECT

01. Name of Project : To identify optimum maritime safety administrative structures and legal frameworks for safer shipping in the Asia-Pacific region.

02. Transportation Working Group will take responsibility for the project and the dissemination of its results.

OBJECTIVES

03. The Objectives/Justification of the Project:

Objectives

To provide choices for APEC Economies to improve the effectiveness of their maritime safety and marine environment protection agencies thereby minimizing the risk posed by substandard ships in the APEC region by :

Phase I

?/font> Providing a comparison of the various organizational structures used by maritime administrations in APEC Economies including financial (including revenue base), legal and constitutional arrangements, personnel structure(qualifications and competencies of staff), functional as well as geographical responsibilities, and industry consultative arrangements.

?/font> Providing a comparison of the various legal frameworks and methods used by APEC Economies to implement international maritime treaties into domestic law.

Phase II

?/font> Providing options for the optimum maritime safety administrative organizational structure, including advantages and disadvantages for each option

?/font> Providing options for the optimum legal framework for implementing international conventions in the most effective manner.

Justification

Efforts in recent years to improve maritime safety and marine environment protection have mainly concentrated on regulating vessel management, vessel operations, vessel safety and improving the training and qualification requirements for seafarers. This has been achieved through the implementation of the International Safety Management Code(ISM Code) which entered into force on 1 July 1998 and the revised International Convention on Standards of Training, Certification and Watchkeeping(STCW 95)which entered into force on 1 January 1998.

Little attention has been given to how effectively governmental agencies fulfil their flag or port State responsibilities particularly in relation to how effective their administrative arrangements are and the means by which they introduce international treaties into domestic law.

This project will examine the various organizational structures, administrative arrangements and methods of work used by APEC Economies as well as their means of implementing international treaties into domestic law. The second phase of the project will provide a range of options which APEC Economies may wish to consider in more depth to assess their suitability for improving the effectiveness of their maritime safety administrative and organizational arrangements.

04. Eligibility for APEC Projects

APEC Leaders

This project will promote close cooperation between the APEC member economies by sharing the information on the maritime safety administrative system of each member economy and by identifying an optimum administrative system for maritime safety. This approach reflects the discussion in the Summit Meeting in Canada on November 25, 1997, confirming the objective of continuous economic growth of the countries in Asia-Pacific region, through trade and investment liberalization, facilitation, economic and technical cooperation. Also the need for common efforts to cope with a maritime accident had been emphasized. It also means the Osaka Action Agenda of November 19, 1995, which sought a cooperative program in various fields of the industry in Asia-Pacific region is reflected in the project proposal.

Moreover, the contribution to the protection and improvement of maritime safety and marine environments through this project could be regarded as the direct implementation of the agreement adopted at the Summit Meeting in the Philippines on November 25, 1996 to develop a continuous program for protecting marine environments in the Asia-Pacific region.

APEC Transportation Ministers

This project is consistent with the second APEC Transportation Ministers meeting held in June 1997 which emphasized that high priority of the Transportation Working Group should be given to the transportation safety in APEC region and that environmentally sustainable transportation is important to improve the quality of life for people in the region, and also with the principles enshrined in the Declaration of the First Joint Ministerial Conference of the Paris and Tokyo Memoranda of Understanding on Port State Control held on March 24~25 1998.

APEC Transportation Working Group

The study on the effectiveness of maritime safety administrative systems is essential to the economic development of Asia-Pacific region and is important in promoting the efficiency of transportation system of the region. In the maritime transportation field, this study reflects the ministerial direction to the Transportation Working Group in 1997, which emphasized the need to create a competitive and safe maritime transportation environment.

Transportation Ministers directed the TPT WG to "establish an Experts Group on Maritime Safety to address maritime safety concerning in the Region" and urged "economies to work closely with international organizations having competence in the field, such as the IMO, to develop programs and mechanisms to promote the implementation of and compliance with existing international rules and standards adopted by these organizations."

06. Linkages-Organizations to be benefited

The output of this project can be utilized as a reference guide by member economies in their decision making regarding choosing an optimum administrative/organizational structure for maritime safety by comparing the administrative systems for maritime safety with those of other member economies.

Also the implementation of this project will contribute to the continuous development of APEC member economies and the establishment of mutual information exchange and technical cooperation among the member economies, which is consistent with APEC's goal.

Meanwhile the business/private sector and non-governmental institutions such as the shipowner, shipper, underwriter etc. will benefit from the following points :

?/font> government of member economy : through the introduction of an efficient and effective administrative organization for maritime safety and effective restructuring of the organizations the policy and planning functions and effective national implementation of international conventions. Also the investigation of operational procedures for maritime safety and incident investigation system of other member economies will provide essential information to assist member economies to investigate maritime accidents ;

?/font> shipowner : to prevent unnecessary expenses to the shipowner caused by delay or a lack of maritime safety information provided by the port State. Also to reduce non-economic burden through the creation of equitable and competitive environment for maritime transportation between the member economies by reducing "sub-standard shipping" through more effective safety management systems and better meeting of flag state responsibilities.

?/font> shipper: as the shipper will be able to have full understandings of the maritime administrative information of relevant member economies at the time of import and export, the reliability on the sea transportation service could be increased, which results in the facilitation of trade between member economies;

?/font> underwriter: through the establishment of more effective and efficient maritime safety management and administrative systems, marine casualties will be decreased and the extent of damage will be also reduced which in turn will reduce the cost burden of the underwriter which should flow on to the shipowner and eventually the consumer;

?/font> Community: will benefit from improved marine environmental protection and reduced pollution.

07. The Way of Participation by Business/Private and Non-governmental Sectors

Through the use of questionnaire the consultant will obtain a full understanding of the maritime safety administration and the lawmaking infrastructure and procedures of each member economy which is a major part of the implementation of this project. The positive participation and involvement of many governments and business/private sectors of the APEC member economies are required to implement this project successfully. The member economies showing deep interest and concern in this project, through the completion of the questionnaire and consultation by relevant persons of the maritime safety administration in APEC region, will be invited to participate in the implementation of this project. In addition it may be advantageous to involve the International Maritime Organization (IMO) and the Maritime Transportation Committee of OECD.

Relevant parties will be invited to complete the questionnaire and be consulted e.g., the shipowner and the government drafting the policy, so that the output of this project contributes to APEC's goal of a competitive maritime transportation environment through the market approach and investment based on efficiency, safety and equity.

08. Promotion Plan for APEC's Value

This project will contribute to the implementation of the commitment discussed at the meeting of the Expert Group on Maritime Safety in 1997 relating to the improvement of the efficiency and effectiveness of the maritime transportation sector through the reduction of unnecessary systematic controls, the expansion of transparency in administrative procedures and government subsidies for maritime transportation and the implementation of the international conventions related to maritime safety and maritime environment protection. It will also be a foundation for the establishment of improved bilateral collaboration between APEC member economies.

Also the investigation on raising the efficiency and effectiveness of maritime safety administrative system is a new area of this project not dealt with in the previous study of Seafarer's Training Plan (Indonesia) and Study on the Cooperation for Oil Pollution Combat by Each APEC Member Economy (Philippines). This approach will contribute to the establishment of administrative system in the field of maritime safety to seek common development in APEC member economies.

09. The Way of Contribution to Relevant APEC Projects and Activities

This project has the same goal as the Experts Group on Maritime Safety for the improvement of maritime safety and will be a foundation to achieve the efficiency, simplification and harmony between every transportation system. The identification of the most efficient maritime safety administrative system will be obtained through a comparative research process between the maritime safety administrative systems of the APEC member economies. Meanwhile, this will be helpful to the establishment of a close cooperative relationship between the maritime safety services of Member economies through a possible workshop and training program which could be held in the course of the project and will contribute to the maintenance of maritime safety which is the common concerns of the member economies through the mutual support and information exchange.

10. Feasibility of the Project and Method to meet the Needs of Beneficiaries

This project will provide information on the current maritime administrative structures of APEC member economies and their efforts to improve the administrative structure. The comparative analysis will focus on presenting an efficient case for change. This project will be implemented through cooperation between relevant organizations and use of readily available information about organizational arrangements in each economy. Also the output could be utilized to demonstrate an efficient administrative system for maritime safety, allowing each member economy to examine the various structures of those in other member economies.

The project will be conducted primarily by means of a survey however interview of one or two of maritime administration is envisaged to ensure full benefits from such a study are achieved.

11. Methodology

This project will be implemented in two phases - Phase I and Phase II.

Phase I: Collection of Information on Maritime Safety Administrations in APEC Member Economies

The purpose of Phase I project is to collect and analyze data related to the organizational structures of the maritime safety administration of the various APEC member economies and to provide a comparison of the various legal frameworks used by APEC member economies.

Phase I will:

?/font> Analyze the information resulting from the APEC TPT WG circulated by Canada and the implication of the result of Australian Safer Shipping Project.

?/font> Draw up a new questionnaire in order to achieve full understanding of the organizational structures of the maritime safety administration and the legal framework used to introduce international conventions into domestic legislation of each APEC member economy. The questionnaire will be drawn up to find out the following matters:

- the function of maritime safety administration and the extent of concentration of the responsibility such as the improvement of seafarer's quality, safety of vessel, maritime safety etc.;

- the cultivation and disposition of experts on maritime safety administrative organization;

- the extent of priority for each function of maritime safety;

- the extent of independence and specialization of the implementing organization for the maritime safety function;

- the methodology used for the continuous securing of the budget for the organization to properly perform the maritime safety function;

- the extent of consistency and efficiency of the maritime safety policy such as the analysis of the realities of maritime safety, establishment and enforcement of the preventive measures for marine casualty, countermeasures for marine accidents, analysis of the cause of marine accidents, amendment of the policy and etc.

?/font> Distribute the questionnaire to APEC member economies and relevant international organizations such as IMO, Maritime Transportation Committee of OECD and etc. and collect from them the comparative analysis and examination.

?/font> Analyze the efficiency and priority of the policy of the maritime safety administration. Interviews and consultation will be conducted with the personnel in charge of some of the administrations if necessary and supplementing the questionnaire for the efficiency and priority of the policy of the maritime safety administration;

?/font> Identify the factors influencing the efficiency and priority of the policy on maritime safety administration and analyze the reasons;

?/font> Distribute the output of this project to APEC member economies and the Maritime Transportation Committee of the OECD and if necessary, carry out further inquiries through the call on the spot or invitation of relevant personnel.

?/font> Submit the final output to TPT-WG and utilize it for Phase II.

Phase II: To Provide Options for Maritime Safety Administrative Structures

The real benefits from this proposal will be achieved in Phase II where by using the information obtained in Phase I, APEC member economies will be provided with options which they can review and from which possibly select the maritime safety administrative organizational structure which best suits their requirements. APEC member economies will also have the opportunity of reviewing options for implementing international conventions including introducing domestic legislation in the most cost effective manner.

?/font> Economies will be advised on the steps, which could be taken to improve their maritime safety administration

?/font> The output of this project will be distributed to APEC member economies and Maritime Transportation Committee of OECD.

?/font> The output will be verified through a seminar or workshop of about one week involving all APEC member economies.

?/font> The final output shall be submitted to TPT-WG.

12. Components of the Project

?/font> Status of the function, organization and legal framework, method of introducing new laws and amendment of the maritime safety administration;

?/font> Function of the maritime safety administration and the extent of concentration of the responsibility such as the improvement in the quality of seafarers, safety of vessel, maritime safety facility, etc.;

?/font> Status of the cultivation and disposition of the expert on maritime safety in the maritime safety administrative organization;

?/font> Status of the specialization and independence of the organization for the implementation of maritime safety function;

?/font> Extent of the political interest in the maritime safety function;

?/font> Extent of continuous securing of the necessary budget for the organization to perform the maritime safety function;

?/font> Extent of consistency and efficiency of the maritime safety policy such as the analysis of the realities of maritime safety, establishment and enforcement of the preventive measures for marine casualty, countermeasures for marine accident, analysis of the cause of marine accident, amendment of the policy and etc.

?/font> Factors of securing the efficiency and political interest and causes;

?/font> Development of efficient maritime safety administration; and

?/font> Strategy for the implementation of an efficient maritime safety administration.

13. Implementation Schedule by Each Component

DATE

ITINERARY

ACTIVITIES

PHASE 1

Oct. 1998

TPT-WG 14

Proposal and explanation of the Project

Apr. 1999

TPT-WG 15

Consideration and recommendation of the Project

July. 1999

BAC

Consideration and recommendation of the Project

Aug. 1999

SOM

Final consideration of the Project

Sep. 1999

Ministers

Approval of the Project

Jan. 2000

 

Commencement of the Project

Jan. 2000

 

Preparation of the organizations and structures of maritime safety administrations and legal framework questionnaire Survey and analysis of the work related to maritime safety and marine environment protection implemented by IMO, OECD and Tokyo MOU.

Feb. 2000

 

Distribution of the questionnaire and request for input to the study to APEC member economies and international organization such as IMO, Shipping Committee of OECD, and etc. and business/private parties such as the shipowner, shipper, underwriter and etc.

Apr. 2000

Collection of data and analysis of the questionnaire.

Apr. 2000

TPT-WG 17

Interview the personnel in charge of administrations of two or three APEC member economies. Informal progress report to TPT-WG

June 2000

Distribution of the draft to APEC member economies, IMO and Maritime Transportation Committee of OECD etc. to seek comments.

Dec. 2000

TPT-WG 18

Draw out the final result and submission to TPT-WG.

Jan. 2001

TPT-WG 19

Circulate Final Report to TPT-WG. Prepare draft proposal for Phase II project.

Phase II

To be decided according to the output of Phase 1 project.

14. Project Management

Korea would oversee the project with assistance provided by Australia, Canada, the People's Republic of China and the Republic of Philippines as cosponsors. A Steering Committee, in conjunction with the APEC Secretariat, would prepare a RFP and select a consultant.

15. Budget by Each Component

ITEM

DETAILS

HOURS

UNIT

AMOUNT(USD)

Honorarium

Consultant fees

(including researcher)

500

40

20,000

Consultants secretary cost

100

20

2,000

Travel

Per diem (incl.

accommodation &

additional

payments)

30days(6pps?/font>5days)

350

10,500

Airfare

6 times

1,000

6,000

Photocopying

5,000 copies

0.1

500

Communications

(incl. telephone, fax & mail)

12 months

250

3,000

TOTAL

USD 42,000

USD 54,800

The budget for the implementation of Phase II project (second year) is not accounted in the above items and the application for the budget of Phase II project will be made separately following acceptance of the Phase I project output.

16. Advances and Instalment Payments

DATE

APEC TPT-WG

AMOUNT(USD)

Mar. 1, 2000

June 1, 2000

Oct. 1, 2000

Before TPT-WG 17

After TPT-WG 17

After TPT-WG 18

18,600

12,700

10,700

TOTAL

42,000

17. Details of any request for waiver or exception from the normal APEC financial rules

Not applicable

18. Publication and Dissemination Plan

  1. Characteristics of the major readers: The output of this project will benefit each maritime safety and environmental administrative organization, as well as port state, business and private organizations of APEC member economies. As these organizations and parties affect the maritime safety directly, the major party responsible for ensuring maritime safety in each member economy will be encouraged to distribute copies of the out put to other organizations.
  2. Style and content: All of the content of the final report shall be published in hardcopy electronically and by putting it on the Home page of the TPT-WG. Information to be searched through the Internet.
  3. Format (book, diskette, internet and etc.) :see b above
  4. Accessibility to the project output by target audience: The readers can have access easily to the project output as it will be printed in a scientific journal, and reproduced on the internet.
  5. Public Relations Plan:
  • Briefing on the major components of the project in general and special press media:

As a news item in Asian Shipping of Asia Trade Journal, Fairplay of Fairplay Publication, Lloyd's List Maritime Asia of Lloyd's of London Press etc.

  • Promotion of the sale and dissemination of the final product : By advertisement in major international publications and scientific journals.

19. How the project proponent will assess whether he has met the criteria for APEC projects and how he will measure the impact of the project on expected beneficiaries.

The outcomes of the project will be assessed in terms of the improvements in the efficiency and effectiveness of maritime safety administration within APEC economies, the improvements in the investigation of incidents, and the adoption of improved mechanisms for the implementation of international conventions through domestic legislation by Member economies.

 

 

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