The Strait of Bonifacio falls into the category of "Straits
used for international navigation" regulated by the "United Nations
Convention on the Law of the Sea" (UNCLOS) better known as the Montego
Bay Convention (10 December 1982).
The maritime traffic is represented mainly by merchant ships
that cross the Strait along east-west direction (several dozens of
ships per day). Considering the traffic that occurs in the direction
north-south, it concerns mainly passenger ships (approximately ten
daily connections) is very intense and growing during the summer,
especially between Bonifacio (Corsica) and Santa Teresa di Gallura
(Sardinia). In addition, there are about 5,000 pleasure craft crossing
this area during the summer season.
Regulation applied to navigation on the Strait of Bonifacio
is based on resolution A.766(18) adopted in 1993 by IMO. This text
urges ships carrying hazardous materials to avoid along this seaway.
It has been complemented by circulars of IMO SN/Circ.198 and 201 (26
May 1998) concerning "routeing measures other than traffic separation
schemes" and "mandatory ship reporting systems" applicable to the
Bouches of Bonifacio from 1 December 1998 at 00:00 a.m.
France and Italy have implemented these provisions through
the establishment of the rule "Bonifacio Trafic", that represents
a more restrictive device; inasmuch as the French and Italian ships
carrying hazardous materials are banned entirely from transit of the
"Bouches of Bonifacio".
For this reason, in 1993, both Italy, with the Decree of
26 February 1993 of the Italian Ministry of Merchant Marine, and France,
by ordinance of 15 February of the Prefecture of Toulon, have banned
the transit of tankers flying Italian or French flag that carrying
hydrocarbons and other hazardous and noxious substances, as defined
by international conventions in force in both countriesfootnote.
On the basis of these decrees, the prohibition of navigation
in the Strait does not apply to merchant ships flying flags of third
countries and to Italian and French ships empty or those that carry
different cargoes, which, even if properly ballasted, however represent
an environmental risk factor in case of accident for the presence
of fuel in their tanks. This ban has led to a reduction of marine
traffic, but at the same time, it leaves the possible passage of ships
flying other flags and often these ships are in unsafe conditions
(especially the lack of double hull or similar technologies) and poor
maintenance.
Moreover, the arrêté n° 84/98 of 3 November
1998 of the Prefecture Maritime of Toulonfootnote (amended by the arrêté 56/2003
of the Prefecture Maritime of Toulon) disciplines the navigation in
the Strait of Bonifacio to prevent accidental episodes of marine pollution
It institutes areas of caution at the extreme of bearings
recommended double sense of movement, and the creation of the system
of monitoring of ships from a radius of 20 miles from the Strait of
Bonifacio. In parallel, the Decree of Italian Ministry of Transport
and Navigation on the organization of traffic in the Bonifacio's Strait
establishes the same procedures contained in the Decree n° 84/98.
Furthermore, a technical agreement between Italy and France
to implement the reporting system of the ships in the Bouches of Bonifacio
(Bonifacio Trafic) was signed in Rome on 3 June 1999.
Moreover, in order to restrict dangerous maritime traffic
through Bonifacio Strait, it was drawn up in Italy the "Accordo
volontario per l'attuazione di una serie di interventi finalizzati
al conseguimento di più elevati standard di sicurezza ambientale
in materia di trasporti marittimi di sostanze pericolose" (Voluntary
agreement to carrying out a series of interventions aimed at the achievement
of higher security environmental standards concerning the maritime
transport of dangerous substances), signed by the Italian Ministry
of the Environment, Land and Sea, by the Italian Ministry of Transportation
and Navigation, by Confindustria, by Assoporti, by some environmental
organizations and by unions (Rome, 1 June 2001).
Inter alia, the sixth article of the agreement
foresaw the commitment by companies to use from 1 July 2001 ships
carrying dangerous substances listed in Annexes
I and II of MARPOL 73/78 solely
based on contracts that explicitly exclude the transit in the Strait
of Bonifacio, against a number of other compensations by government,
including the engagement in an international venue for the encouragement
of a PSSA in the Strait of Bonifacio.
Particularly, the sixth article of the Voluntary Agreement
provides that:
-
"6.1 – Confindustria and the interested industrial
sectors undertake to promote immediately the insertion in the charter
party for the use of ships carrying dangerous substances listed in Annexes I and II of
MARPOL 73/78 of clauses that expressly exclude the transit in the
Strait of Bonifacio.
-
6.2 – From 1 July 2001, Confindustria and the interested
industrial sectors, also on behalf of firms and associated companies,
undertake to use ships carrying dangerous substances listed in Annexes I and II of
MARPOL 73/78 solely based on contracts that explicitly exclude the
transit in the Strait of Bonifacio
-
6.3 – The government engages to act in all EU and
international venues to achieve the elimination of dangerous substances
traffic in the Strait of Bonifacio, starting by defining by IMO the
Strait of Bonifacio as Particularly Sensitive Sea Area (PSSA). Moreover,
the government engages to promote every type of voluntary adherence
of the EU member and candidate states to the above-mentioned elimination
of dangerous substances traffic in the Strait of Bonifacio."
In the end, by the Decree of the Italian Ministry of Infrastructures
and Transport of 29 July 2008 "definition of the control of maritime
traffic area in the Bouches of Bonifacio and activation of the relevant
control centre at the Harbour Office of La Maddalena", was activated
the centre VTS (Vessel Traffic Services) of the Bouches of Bonifacio,
whose international name is "Bonifacio Trafic" and whose headquarters
is located at the area Guardia Vecchia, under the authority of the
Harbour Office – Coast Guard of La Maddalena.
Existing routeing measures and mandatory systems are set
out in the chartlet, below.
Chart of the Existing Routeing Measures and Mandatory Ship Reporting System