KLRI : KOREA LEGISLATION RESEARCH INSTITUTE

Ⅰ. Background and purpose

○ OPRC-HNS Protocol 2000 (Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances) was adopted as a follow-up measure to OPRC 1990, fearing that an increase in the transport volume of hazardous and hazardous substances on the sea will increase the likelihood of accidents and entail enormous human life, property, and environmental damage in the event of an accident. The OPRC-HNS Protocol follows the principles of the OPRC Convention, which includes the addition of Hazardous and Noxious Substances (HNS).

○ As a signatory to the OPRC-HNS Protocol, Korea is pursuing the advancement of the HNS preparedness and response system and the strengthening of its capacity, such as the maintenance of the National Emergency Response Plan (NCP), training of professional personnel through education and training, the deployment of chemical control ships, and the expansion of prevention equipment to meet the requirements of the Protocol.

○ In recent years, as the traffic volume and transport volume of HNS carriers have increased, the possibility of HNS accidents has increased,

○ and in fact, Korea has experienced the Maritime Meiji Lake crash and fire accident in 2013 and the Stolt Groirandh fire and explosion in 2019. Chemical substances are loaded on ships and transported not only as cargo but also as fuel oil, and in preparation for a further increase in the possibility of complex accidents due to the diversity of substances, advanced marine countries are preparing a system to prepare and respond to such accidents.

○ Therefore, there is a need for legislative evaluation of the Marine Environment Management Act on the preparation and response to maritime chemical accidents, reflecting new regulations related to pollutants in a timely manner due to the strengthening of marine environmental regulations such as the HNS Convention.

 

Ⅱ. Main Content

▶ Increase in HNS Cargo Shipments

○ Looking at the domestic traffic volume by type of ship for 13 years from 2011 to 2023, as a result of analyzing the ratio of the number of arrivals and departures of four types of ships (chemical carriers, gas carriers, including crude oil carriers and refined petroleum products carriers) to the number of arrivals and departures of all ships entering and departing from domestic waters, there is a tendency to increase overall.

○ In the analysis of the cargo volume of HNS on the sea, as a result of analyzing the data from 2011 to 2023 centering on the four kinds of cargo such as solids (anthracite and bituminous coal), gas (petroleum gas and other gas), chemical industry products, and animal and plant maintenance, the cargo volume (tonnage) of the four kinds of HNS cargo such as solids (anthracite and bituminous coal), gas (petroleum gas and other gas), chemical industry products, and animal and plant maintenance generally showed a tendency to increase.

▶ Maritime chemical accidents

○ Major leakage accidents related to dangerous and hazardous substances occurred in Korea include the Maritime Maisie collision accident in Busan in December 2013, the Hanyang Ace accident at Ulsan Port in July 2014, the MAERSK CUNENE accident at Busan New Port Pier in October 2014, the fire sinking of Sunwing Lake in March 2015, and the explosion of the STOLT GROENLAND at Ulsan Port Yeompo Pier in September 2019.

▶ Peculiarities of maritime chemical accidents

○ Accidents caused by dangerous or harmful substances transported at sea are not only highly likely to cause accidents, but also are characterized by great damage in a disaster form once they occur.

○ Various types of accidents are likely to occur in the ocean. In particular, accidents caused by dangerous or harmful substances on the sea are classified into safety accidents due to fire, explosion, and leakage of toxic substances and maritime pollution accidents.

○ In terms of the type of accident, it also occurs differently depending on the loading and unloading place of ships, wharves, etc., or depending on the type of cargo transportation such as packaging and loading. The causes of occurrence are diverse and complex, including (i) the lack of safety standards, such as packaging, loading, and isolation, (ii) the error of handling methods, and (iii) the spread of other accidents.

○ Once an accident caused by maritime hazards or harmful substances occurs, the extent of the damage is not limited to the life and property of ships and crew members, but it causes an irreparable disaster to an unspecified number of people, maritime environment, and resources.

▶ The difference between oil pollution accidents and chemical accidents at sea

○ In the case of a marine pollution accident caused by oil, it shows a movement called oil-rich oil due to the characteristics of oil, and in the case of an outflow, it can be clearly identified with the naked eye. In the case of accident types, oil spreads to adjacent coastal areas under the influence of algae and wind, and damage caused by the attachment of oil 

○ occurs. Oil collection technology is developed to cope with maritime oil pollution, there is no particular possibility of danger, and it can be relatively simple.

○ Accidents caused by chemical substances occur continuously in various ways depending on the characteristics of the substance, and the shape shows various forms such as evaporation, floating, dissolution, and precipitation. In the case of outflow, it is difficult to check the outflow, such as there are cases where colorless and odorless substances exist and cannot be identified with the naked eye, and there is a high possibility of development due to a complex accident accompanied by fire or explosion, and there is a high possibility of expansion into a large-scale environmental disaster accident. Unlike oil, which has a relatively simple response to an accident, there are many cases of high risk due to the specificity of chemical substances, and as for response methods, a wide variety of methods are needed compared to oil.

▶ Response to land and sea accidents and chemical accidents

○ For the purposes of application, the "Chemicals Control Act" stipulates substances requiring preparation for accidents, and the "Marine Environment Management Act" defines harmful liquid substances and harmful substances in packaged form in Article 2.

○ In order to cope with chemical accidents on land, the Joint Disaster Prevention Center was established to respond to chemical accidents and perform chemical accident response and recovery work through collaboration with the Ministry of Public Administration and Security, the Ministry of Trade, Industry and Energy, the Ministry of Environment, the Ministry of Employment and Labor, the National Fire Agency, and local governments. On the other hand, in the event of a maritime chemical accident, the rules are enacted under the Directive of the Korea Coast Guard regarding equipment and materials for accident response, and non-consumable equipment and consumables materials used for risk and harmful substance accident response activities are determined, purchased, allocated, managed, and operated.

▶ Evaluation of the effectiveness and effectiveness of legislative objectives

○ As shown in the data of the survey, respondents had the highest rate of recognizing 'pollutants' as 'oil' as stipulated in the Marine Environment Management Act, and the highest rate of recognizing 'maritime pollution accidents' as 'oil spill accidents'. On the other hand, in terms of the danger of accidents, accidents caused by dangerous and harmful substances are deemed to be more dangerous than accidents caused by oil spills, and in handling dangerous and harmful substances, concerns about casualties caused by fire explosion or toxic gas are recognized to be relatively more dangerous than damage to property and environmental pollution.

○ Pollution accidents occurring in the sea can be largely classified into oil pollution and chemical accidents, and in response to maritime pollution accidents, maritime pollution caused by oil and maritime pollution caused by harmful liquid substances are greatly different in the response method, so it is necessary to distinguish them. The provisions of the Act do not distinguish between the differences in maritime pollution accidents caused by the subject substances such as wastes, oil, harmful liquid substances, harmful substances in packaged form, etc., which are "pollutants", and the differences in response to maritime pollution accidents, and provide for "pollutants" to perform the role of maritime pollution control.

○ Looking at the questionnaire survey and regulations related to maritime chemical accidents based on the fact that they are in charge of practical affairs regarding response to maritime chemical accidents, handle HNS substances, and the respondents experience and feel on the spot, the "Marine Environment Management Act" is the current regulations stipulated with an emphasis on the prevention of oil pollution, and the effectiveness in the enforcement of the law is insufficient due to the mixture of oil pollution and response methods to chemical accidents. In order to increase the effectiveness and effectiveness of the legislative purpose of the Marine Environment Management Act, it is necessary to amend the regulations related to responding to maritime chemical accidents.

▶ Evaluation of the appropriateness of the means

○ According to the results of the survey, negative responses that the regulations and contents of responding to maritime chemical accidents were inappropriate were higher than positive responses, and respondents were negatively surveyed for the fidelity or sufficiency of the regulations for responding to maritime chemical accidents. In response to the questionnaire on the deficiencies of the current law, it is recognized that there is a lack of provisions for preparation and response to maritime chemical accidents.

○ In terms of preparing for and responding to maritime chemical accidents, designating and managing substances to prepare for accidents by law will be efficient in preparing for and responding to maritime chemical accidents. Matters to be stipulated in the law, such as high physical and chemical risks, strong toxicity, designation of substances that harm health and the environment as accident-preparation substances, and imposition of management obligations on handlers of accident-preparation substances. In order to prepare for and respond to maritime chemical accidents, it is necessary to designate and manage substances subject to the law as accident preparation substances, and it is necessary to prepare management standards for accident preparation substances, such as records of outsiders' access management.

○ In the survey, "prevention of discharge and spread of dangerous and hazardous substances" was the highest as a part of the country's rapid response to minimize on-site damage in the event of a chemical accident involving dangerous and hazardous substances.  In the case of a maritime chemical accident, in order to quickly respond to an accident, information on harmful liquid substances handled in ships or facilities is essential first, and in the event of an accident, it will be possible to immediately respond according to the characteristics of the harmful liquid substances handled.

○ In the event of an accident, the importance of initial response is very high to minimize damage. In this respect, materials and chemicals used for preventing and controlling chemical accidents are provided and stored in the HNS transport ship, etc., so that in the case of a maritime chemical accident, the discharge and spread of dangerous and hazardous substances will be prevented as an initial response and rapid response to the maritime chemical accident.

○ Looking at the results of negative surveys and current regulations related to maritime chemical accidents due to the experiences and feelings of respondents in charge of practical affairs or handling on-site response to maritime chemical accidents, there is a lack of means to achieve the purpose of legislation.

○ The introduction of systems or regulations, such as the management of substances subject to accident through the designation of substances requiring preparation for accidents, the introduction of information provision systems such as the comprehensive chemical information system, and the provision of control materials and drugs on HNS transport ships as a means for initial response, will be a more effective and appropriate means to enhance the achievement of legislative purposes.

▶ Evaluation of legal system suitability and systemicity

○ The countermeasures against oil pollution were introduced into the "Marine Environment Management Act" while accepting the international convention as domestic law, and the provisions on harmful liquid substances were stipulated in the current law as the relevant international convention was accepted as domestic law after the pollution control by oil. The current law responds to pollution control by adding "harmful liquid substances" to the law that focuses on pollution control by oil, and the law stipulated in this way has a problem that does not clearly distinguish between oil and the response to maritime pollution accidents according to the characteristics of harmful liquid substances.

○ In the case of HNS, it has different characteristics from waste and oil, and in particular, it is highly likely to develop into a complex accident accompanied by fire or explosion or expand into a large-scale environmental disaster accident. In response to a maritime chemical accident, it is necessary to change the response method according to the characteristics of individual chemicals, that is, the risk of fire and explosion, and the inhalation of toxic substances, and it is difficult to respond to a maritime chemical accident only with the current regulations. The suitability of the legal system can be improved through the enactment of a new law on responding to maritime chemical accidents.

 

Ⅲ. Expected effect

○ Enhancing the practical legislative effectiveness of a system through legislative evaluation concerning the response to chemical accidents at sea under the Marine Environment Management Act.

○ Evaluation of the systemicity of legislation, normative appropriateness, effectiveness of legislation, appropriateness of means, etc. under the Marine Environment Management Act to respond to maritime chemical accidents, and presentation of the results of legislative evaluation on the direction of legal norms that can supplement the current law. Presentation of the results of effective legislative evaluation based on the results of comprehensive review, such as gathering the opinions of surveys involving interested parties.

○ Contributing to the improvement of the system by analyzing problems in response to maritime chemical accidents and suggesting related improvement measures.