From: Greenpeace ship MV Solo tracking Pacific Pintail
Date: TUE 21-MAR-95 07:39:00 GMT - DAY 27, PART I
The position of the Pacific Pintail at 0700 GMT was 58 degrees and 39 minutes south and 68 degrees and 43 minutes west. We are sailing at a course of 200 degrees at a speed of 10.5 knots. We are currently just inside the Chilean EEZ, and 150 miles South of the Chilean Coast. The weather has fortunately improved: wind is currently SW 4 while the swell is only about 4 meters. A vast improvement from yesterday.
The Chilean Navy yesterday forced the Pintail to move south on the basis of national legislation that forbids the ship carrying radioactive waste cargo inside Chile's 200 mile Exclusive Economic Waters. The Chilean Navy enforced this Chilean government directive by sending a war ship which, after two hours of heated radio exchange, turned the Pintail south. Chile is determined that the Cape Horn route not be used by the plutonium industry in the future and has taken strong action along with numerous other South American countries to prevent that.
In a statement by the Chilean Navy to the Captain of the Pacific Pintail, a reference was made to the fact that the Pintail with its cargo represents a violation of the 1992 Rio Declaration for the preservation of the sea environment.
The Pacific Pintail is currently approaching the waters surrounding the Antarctic continent. Below a latitude of 60 degrees south lies what is known as the Antarctic Treaty Area, established by the international community as an environmental protectorate. In 1991, the 26 Consultative Parties agreed to and signed a separate Protocol to the Treaty on Environmental Protection, formally known as the Madrid Protocol. Whilst the Protocol does not come into force until all Consultative Parties have ratified it, there is a loose agreement amongst Treaty Member States to abide by the conditions of the Protocol until it comes into force. Article 3 of the Protocol on environmental principles states clearly: " Activities in the Treaty area shall be planned and conducted .... to avoid ..... significant adverse effects on air and water quality." The Antarctic Treaty (1959), (binding on its 26 Consultative or Voting Parties and on its 13 Associate Members) specifically prohibits the use or disposal of radioactive waste material within the Antarctic Treaty Area (ATA).
The Pacific Pintail has been ordered by the Chilean Navy to sail South to a latitude of 59 degrees and 35 minutes before being allowed to set sail west for the Pacific ocean. This leaves the British flagged Pintail a gap of initially 65 and later 41 miles if the ship is to steer clear from the Antarctic Area. France, Japan and the United Kingdom are all Consultative Members of the Antarctic Treaty. No Environmental Impact Assessment has been conducted for this shipment which could be seen as a serious breach of the UK's responsibilities under the Antarctic Treaty. The UK has ratified the Treaty but has made ships passages exempt in their national legislation.
Greenpeace is calling on Argentina and Chile to adopt national legislation to prohibit the transit, sailing and stay of plutonium and nuclear waste shipments in the waters under their jurisdiction, and for the countries to enforce this with a bilateral agreement. Furthermore both countries should explore the options to prohibit future radioactive waste and plutonium shipments as part of the Nuclear Free Zone Treaties of Tlatelolco and Roratonga.
If additional information on the Pacific Pintail's voyage or it's cargo of plutonium waste is required, please contact Bas Bruyne on the Solo (phone: ++871-130-1166), or Karen Richardson at Greenpeace UK (phone: ++44-171-226-3151). Photo, video or other media requests to Blair Palese or Mark Warford at Greenpeace Communications (phone: ++44-171-8330-600).
For Sound, pictures and an up to date map log onto Greenpeace's World Wide Web site: HTTP://WWW.greenpeace.org/
Best regards and No Nukes!
Ulf Birgander (Captain)
Bas Bruyne (Campaigner)
At 1900 GMT, the Pacific Pintail sails in the Pacific Ocean and is currently at a position of 57 degrees and 49 minutes south and 71 degrees and 25 minutes west. The Pintail is steaming at a speed of 12.5 knots on a course of 320 degrees. The ship is sailing at a distance of some 10 miles along the inside edge of Chile's EEZ.
This morning around 1430 GMT, the Chilean Navy checked the whereabouts and position of the Pintail with one of its Navy aircraft. The Chilean Navy asked the Pintail's captain how long it would take the ship to leave Chile's EEZ. The Chilean Navy was subsequently informed by the Captain of the Pintail that he was under instructions from his company to continue to violate Chile's prohibition on his ship's passage of the EEZ for the next 48 hours.
This last act of defiance of Chile's prohibition is a desperate attempt by the British Government--which advises its owner Pacific Nuclear Transport Ltd (PNTL) on the matter--to provoke a Chilean reaction in response. As this could ensure passage for future shipments of radioactive waste, plutonium and spent nuclear fuel around the South American route.
On Monday, the Chilean Navy forced the Pacific Pintail out its jurisdictional waters and based its action to do so on the Declaration of the United Nations Conference on Environment and Development, held in Rio de Janeiro, 3-14 June 1992 (also called the 1992 Rio Declaration). The relevant part of this declaration deals with the protection of the sea and coastal areas and the protection, rational use and development of its living resources (Chapter 17).
In this chapter, states committed themselves, in accordance with the provisions of the United Nations Convention on the Law of the Sea, to protecting and preserving the marine environment and to prevent, reduce and control degradation of the marine environment. Countries thus committed themselves to apply preventive, precautionary and anticipatory approaches to the protection of the sea to avoid degradation of the marine environment, as well as to reduce the risk of long-term or irreversible adverse effects upon it.
Greenpeace applauds the Chilean Government's commitment to its responsibilities to protect the marine environment in the waters under its jurisdiction from the possible effects of an accidental release of highly radioactive waste. There is no doubt that an accident with the Pacific Pintail could result in long-term and possibly irreversible degradation of the delicate environment of the Antarctic coasts and waters surrounding Cape Horn.
Greenpeace calls on both Argentina and Chile to adopt national legislation to prohibit the transit, sailing and stay of plutonium and nuclear waste shipments in the waters under their jurisdiction. Chile and Argentina could call on the world community of nations to support their efforts to ban these hazardous radioactive shipments out of the dangerous waters between their EEZ's and the Antarctic Treaty Area in order to close the gap that currently exists.
For more information on the Pacific Pintail's voyage or it's cargo of plutonium waste contact Bas Bruyne on the Solo (phone: ++871-1301166), or Karen Richardson at Greenpeace UK (phone: ++44-171-226-3151). Photo, video or other media requests to Blair Palese or Mark Warford at Greenpeace Communications (phone: ++44-171-8330-600).
Media and others interested in tracking the shipment's route daily should access Greenpeace World Wide Web site at: HTTP://WWW.greenpeace.org/
Best regards and No Nukes!
Ulf Birgander (Captain)
Bas Bruyne (Campaigner)
From: MV Solo -- Additional update
Date: TUE 21-MAR-95 21:46:24 GMT - DAY 27, SUPPLEMENTAL
At 2115 GMT, the Pacific Pintail now in the Pacific Ocean and still within Chile's 200 mile Exclusive Economic Zone was notified by a Chilean Navy aircraft that the ship should move out of its EEZ since the weather had cleared enough to do so. The Pintail flatly refused and responded that on the advise of the ship's owners and the British Government, would not alter course to leave the Chilean EEZ.
The Chilean Navy plane then responded that the Chilean government intends to formally complain to the British Government, and that the Navy would track the ship with a warship and plane. It also stated that the Pintail could be subjected to the use of force by the Chilean Navy to force the ship to change course. The Pintail's Captain is now talking to his owners/British Government.
A transcript of the latest conversation between the Pintail follows.
Currently (at 2130) the Pintail is in position latitude 57 degrees and 24 minutes south and longitude 077 degrees and 06 minutes west, on a course of 316 degrees with a speed of 12 knots.
This morning around 1430 GMT, the Chilean Navy checked the whereabouts and position of the Pintail with one of its Navy aircraft. The Chilean Navy asked the Pintail's captain how long it would take the ship to leave Chile's EEZ. The Chilean Navy was subsequently informed by the Captain of the Pintail that he was under instructions from his company to continue to violate Chile's prohibition on his ship's passage of the EEZ for the next 48 hours.
--start transcript 930321/PP-CN/001--
(CN=Chilean Navy Aircraft) (PP=Pacific Pintail)
(CN Calls PP on channel 16, PP responds and CN/PP change to
Channel 12)
CN: ...I would like to notify you that the weather conditions are
better now for this reason you can sail outside of our Economic
Zone, that means outside of 200 miles from our coast line, with
your actual course you are sailing 120 miles from our coast line,
over;
PP: Chilean Navy Plane, This is Pacific Pintail, my course at
the moment is 316, over;
CN: This is Chilean Navy Patrol, roger, I know that, I am
trying to explain [to] you that if you keep going in this
direction you are sailing 120 miles from our coast line. You have
to sail outside of our Economic Zone, that means 200 miles from
our coast line, over;
PP: This is Pacific Pintail, my instructions from my owners and
the British Government, which has been the situation was supposed
to have been resolved between the Chilean government and the
British government, and my instructions are to maintain this
course, over;
CN:....As of now, the Chilean government allowed you to sail
through our Economic Zone because the weather conditions were bad
for the safety of...navigation, but now [that] weather conditions
are better you are to sail outside of our Economic Zone, over;
PP: Chilean Navy Patrol, this is Pacific Pintail, the weather
at the moment here is moderated but I have seen the forecast and
it is not so good later, over;
CN: stand-by one minute;
CN: Pacific Pintail, this is Chilean Navy Patrol, over;
PP: Go ahead, please;
CN: I would like to notify you that the Chilean Government is
putting a strong protest to Japan, France and Great Britain
government[s] because you are sailing into our Economic Zone.
This situation is putting (unintelligible) that your own
situation (unintelligible) of our Economic Zone, you are not
sailing outside of our Economic Zone, over;
PP: Well, my instructions are to maintain this course, I will
pass on the message to my owners, over;
CN: (unintelligible)
PP: Sir, could you repeat that please, could you repeat that,
over;
CN: Pacific Pintail, this is Chilean Naval aircraft, I repeat
last message the Chilean government is at this moment, and due
to the condition that you are sailing actually in our EEZ,
Exclusive Economic Zone, being yourself notified of the fact that
you are not allowed to do it, we shall protest to Great Britain's
government from the Chilean government, I request you acknowledge
my last, please;
PP: I acknowledge your last message, that was quite clear,
over;
CN: This is Chilean Naval Aircraft, roger, please stand by....
CN: ......Patrol, over;
PP: This is Pacific Pintail, go ahead please;
CN: I would like to notify you that we are going to keep
tracking you by Chilean plane and Chilean ship, over;
PP: This is Pacific Pintail, I acknowledge that, I understand
that, thank you very much, over;
CN: ....Pacific Pintail, this is Chilean Navy Patrol, over;
PP: This is Pacific Pintail, go ahead;
CN: I would to know if you are going to keep going in this
course or you are to change your decision and change the course,
over;
PP: My present intention is to maintain this course and I will
notify my owners, who will notify the government, over;
CN: I would like to [remind] you that...like yesterday..that you
do not want [to] change the course and...keep...sailing inside
...our Economic Zone, the Chilean government has the right to use
...force to try to do that you change your decision, over;
PP: This is Pacific Pintail, I am not in the territorial seas
of Chile, as my vessel is engaged in a lawful trade no foreign
state has the lawful right to interfere with my navigation on the
high seas which is where we are now. I repeat I do not intend to
pass through your country's territorial seas. My Government does
not recognize this resolution to avoid your EEZ, over;
CN: Yeah, roger, I know that you are not sailing in our sea
territories, but you are sailing in our Economic Zone. Our
Government has a resolution that you are not allowed to sail in
our Economic Zone, over;
PP: I acknowledge that message, I will have to pass it on my
owners and to the British government, over;
CN: Have a good sailing, good luck, and back to channel 16;
PP Back to channel 16, over.
--end transcript 950321/PP-CN/001----