Translated from the Annual Report of the State Comptroller #51B
Published-April 2001
(Pages: 357-362)
Crude petroleum, fuels, and oils (hereafter - fuel) are transported by sea in tankers carrying tens of thousands, even hundreds of thousands, of tons of cargo. Maritime accidents, particularly near the shore, are liable to cause pollution and environmental damage to the land and sea near the accident site.
Most of the fuel imported by Israel is discharged at Mediterranean ports, with a small and steadily decreasing amount being discharged at the Eilat terminal of the Eilat Ashkelon Petroleum Pipeline Company (hereafter - the Company). The majority of tankers arriving at the Gulf of Eilat (hereafter - the Gulf) unload the fuel at the terminal of the Company, which operates pursuant to a concession and is entitled to transport approximately 40 million tons of fuel a year through the pipeline.
The fuel is imported in tankers that are, for the most part, old (built at least twenty years ago), unsafe, and fly “flags of convenience.”
Sea pollution in the Gulf area (hereafter - incident) can have extremely serious consequences: the pollution is liable to be prolonged and to require huge expenditures of money, because of the prohibition on using chemicals, to repair the damage; the Gulf contains a unique preserve of coral and fish that is liable to be irreversibly harmed; Eilat’s economy relies principally on tourism, which provides hundreds of millions of revenue dollars to the city, and damage to the Gulf and its shore is liable to seriously damage tourism and the city’s image; pollution is also liable to impair relations with Jordan and Egypt.
Israel has laws, regulations, and procedures intended to minimize the risk of pollution resulting from the transport of fuel in tankers (see below). In addition, Israel is party to international conventions that establish uniform safety standards for maritime vessels, ports, and terminals, and applies these standards in accordance with the special conditions found in Israel.
The handling of supervision of the transport of fuel in the Gulf and of the environmental aspects resulting therefrom is primarily entrusted to three state bodies:
1. The Sea and Shores Department in the Ministry of Environment (hereafter - the Department) which is engaged, inter alia, in areas related to prevention of sea and shore pollution and is responsible for legislation, standardization and treatment of environmental nuisances, and their prevention. The Department operates a station in Eilat that is manned by inspectors who examine the vessels, ports, anchorage, maritime fuel terminals, and refueling facilities on shore, and conduct land and sea patrols along the Gulf coast.
The Department acts pursuant to the Pollution of Seawater by Oil (Prevention) Ordinance [New Version], 5740 - 1980, and the regulations enacted in accordance therewith; the Prevention of Sea Pollution (Dumping of Waste) Law, 5743 - 1983, and the regulations enacted in accordance therewith; the Prevention of Sea Pollution by Land Sources Law, 5738 - 1988, and the regulations enacted in accordance therewith; and the Ports Regulations (Loading and Discharging of Oil), 5736 - 1975.
2. The shipping and Ports Administration in the Ministry of Transport (hereafter - the SPA), is empowered by law to supervise and ensure the safety of sea vessels that visit Israel. The SPA is also in charge of implementing the international conventions and directives of the International Maritime Organization. These conventions and directives cover, inter alia, the prevention of sea pollution and safety inspections of sea vessels, including tankers, before entry into port. To perform its duties, the SPA employs fourteen boat-safety inspectors and eight external inspectors to examine sea vessels. The SPA represents the State in international matters relating to participation in the international maritime conventions and in conforming Israel’s laws to meet the requirements upon becoming a party to these conventions, among them laws regarding prevention of pollution by sea vessels.
3. The Ports and Railways Authority (hereafter - the PRA) , which operates pursuant to the Ports Regulations (Loading and Discharging of Oil), - 1975, and according to the procedures on the “handling of sea pollution by fluids.” The PRA is in charge of the procedures for entering coastal waters and ports and while the vessels are in the terminal, primarily regarding the particulars of the cargo, means of access, means of fire prevention and extinguishing, procedures for cargo flow, and the proper condition of the terminal and its facilities.
In March - October 2000, the State Comptroller’s Office audited the preparations to prevent pollution resulting from the transport and discharge of fuel at the Eilat Port, and to handle and clean up the pollution. The examination focussed primarily on implementation of the recommendations of an inter-ministerial team that examined the environmental aspects of discharging fuel in the Gulf. The audit was carried out at the Ministry of Environment, the Sea and Shore Department in Haifa, and the Department in Eilat (hereafter - the station). Supplemental examinations were made in the SPA.
Preparations for preventing and handling sea pollution
In January 1993, the Directors General of the Ministry of Transport , Ministry of Environment, and Ministry of Energy and Infrastructure appointed an inter-ministerial team (hereafter - the team) to examine the prevention of fuel pollution in the Gulf, as part of an overall examination of the environmental aspects of transporting and discharging petroleum. The team was composed of representatives of the SPA, the Department, and the Ministry of Energy and Infrastructure. The team was given the task, inter alia, of examining and recommending procedures for discharging fuel at the Eilat Port and of examining the existing regulations and laws on sea pollution in Israel and at ports of other countries. The team also examined ways to reduce the risk of pollution by fuel along the shore elsewhere in Israel.
In August of that year, the team submitted its report to the aforementioned Directors General. The main part of the report comprised a review of the relevant international conventions and the degree to which they have been implemented in Israel; the laws and regulations applying in Israel regarding the prevention of sea pollution; the existing laws and regulations applying in other ports of the world regarding pollution; the procedures for the discharge of crude petroleum and the inspection procedures in the Eilat Port; the special conditions in the Gulf and in Eilat Port; the quantity of fuel imported into Israel; and the quantity, quality, and level of safety of tankers that enter Israeli ports.
Because of the uniquely sensitive character of the Gulf, the team noted the importance that all the relevant government ministries take immediate joint action to reduce the great risk to the Israeli coastline from pollution resulting from an oil spill. The team distinguished between the safety requirements in Mediterranean seaports and the requirements in the Gulf, and pointed out the need to institute stricter safety requirements for tankers discharging at the terminal in the Gulf.
The head of the team submitted the report’s recommendations to the Directors General of the relevant ministries, who adopted the recommendations and directed that they be implemented. The State Comptroller’s Office examined certain subjects that the team raised, the manner of implementation of its recommendations, and aspects related to preparations for the prevention and treatment of pollution, and observed as follows:
Preparations for handling sea pollution
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