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5 October 2009
A free fortnightly publication produced by Maritime London
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Buoyant freight markets underpinned record UK maritime services
exports of £2.1bn in 2008 with nearly half originating from
shipbrokers. The two-yearly Maritime
Services report from International Financial Services
London (IFSL), the independent organisation promoting UK
financial services around the world, confirms London’s position
as a leading centre worldwide in the supply of business
services to the international maritime community.
In particular, IFSL’s report highlights London’s
strength in the following key areas:
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Strong freight markets in the first
half of 2008 pushed shipbroker earnings to £948m
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Shipbroking: London’s 400 shipbroking
firms generated net exports of £948m in 2008, 23% up on
£769m in 2007. The Baltic Exchange Dry Index (BDI) has reflected
the drop in seaborne trade, with a peak-to-trough decline
from 11,793 to 663 during 2008, and averaging 2,400 in 2009
up to mid-September. Shipbrokers in London perform a key
global role matching ships and cargoes for 50% of the tanker
and 30-40% of the dry bulk chartering business. They are
also involved in the sale and purchase of over half the
world’s new and second hand tonnage. The notional value
of Freight Forward Agreements (FFAs) traded by shipbrokers
in over-the-counter derivatives market reached a record
$163bn in 2008, but is expected to drop to $40bn in 2009.
Insurance: With 17% of premiums in
the international marine insurance market in 2008, London
remains the leading centre in the face of fierce competition
from Japan, the USA and Germany. London is also the largest
centre in the management of protection and indemnity insurance,
with P&I clubs operating in the UK accounting for 62% of
the global market in 2008.
Ship finance: In ship finance, the
loan book of $50bn provided by commercial banks in London
accounted for 13% of the world book at end-2008, down from
16% in 2006. The world loan book soared to $391bn in 2008,
on the back of the surge in shipbuilding orders, but is
expected to contract sharply as the supply of finance is
limited by banks’ capital and credit constraints.
Ship classification: Lloyd’s Register
is the second largest ship classification society in the
world, accounting for 18% of the world fleet.
Legal services: London is the leading
centre in legal services involving about 30 law firms. English
law is widely applied to shipping disputes, usually involving
foreign interests.
Commenting on the report, Maritime London
chief executive Doug Barrow said: “These figures show how
profitable the sector was last year, but the challenge for
the UK’s maritime services industry is to continue to dominate
the market in more difficult times. The independence and
excellence of the UK maritime services sector in all areas
is an attractive proposition for end-users seeking the best
advice and service possible.”
The report’s author Duncan McKenzie, IFSL’s
director of economics, notes: “The global economic downturn
has contributed to an expected 10% drop in seaborne trade
in 2009. The knock-on impact on maritime services means
that UK overseas earnings in 2008 represent a high point
unlikely to be exceeded for a few years.”

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Ship operating costs surged by almost 16% last year, mainly
as a consequence of "soaring crew wages", according
to the latest OpCost report from shipping accountant and
Maritime London member Moore Stephens.
Moore Stephens partner Richard Greiner says,
"For the first time, the OpCost indicator has broken
through the 15% barrier. This is sobering news at a time
of depressed freight markets, and creates something of a
double-whammy for owners struggling to survive in a climate
of falling revenues and increased costs."
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Seafarer wages up 21%
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The firm's ship operating costs benchmarking
tool shows an annual average increase of 15.8% in total
operating costs for the range of vessel types covered in
2008, the financial year covered by the survey. The average
rise in crew wages over that period peaked at 21.4%, the
highest level since OpCost was first published, in October
2000, and more than double the increase (10.3) recorded
the previous year. In almost every vessel category, crew
costs accounted for the single largest increase in expenditure.
For bulkers and tankers, the average increase in crew costs
was between 22% and 23%. All vessel categories experienced
an increase in total operating costs over the twelve-month
period and, generally speaking, the increases were more
marked than in any previous year.
The OpCost bulker index saw the largest overall
increase of 27 index points, or 18.6%, on a year-on-year
basis. The OpCost tanker index, meanwhile, experienced a
24 index point, or 15 per cent, rise. In contrast to the
previous year, when it produced the highest overall increase
of any vessel type, the OpCost container ship index this
time recorded the lowest increase, of 16 index points, or
10.2%.
In the Stores total category, the increase
in costs came out at just 7 per cent, well down on the previous
year’s average of 16 per cent, and almost two-thirds lower
than the 20 per cent increase recorded in OpCost 2007. The
comparatively large increases for 2007 and 2006 were principally
accounted for by a sharp rise in lube oil costs, which eased
in 2008. Indeed, in all vessel categories other than reefers
and ro-ros, increases in lube oil costs dropped, and the
average year-on-year increase for this item was just over
7 per cent, compared to the 25 per cent recorded the previous
year.
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Classification societies American Bureau of Shipping (ABS)
and Lloyd’s Register (LR) have agreed to use common software
for the assessment of scantlings of bulk carriers and oil
tankers designed to comply with the new IACS Common Structural
Rules. The new common software draws on the existing applications
of both societies with the LR approach being used for the
initial scantling evaluation (CSR Stage 1) and the ABS approach
being used for the finite element assessment (CSR Stage
2).
The announcement comes after two years of
detailed work by dedicated teams from both societies to
identify and implement the best amalgam of the strengths
of both societies’ existing CSR software.
“Although shipyards, designers and shipowners
have welcomed the adoption of the IACS Common Structural
Rules, they have made repeated requests for a similar approach
to be taken with the software needed for the application
of the Rules,” said ABS chairman and CEO Robert Somerville.
“This joint initiative by two of the leading classification
societies directly addresses that need.”
LR's chief executive Richard Sadler emphasised
that the goal of the Common Rules can only be met if, ultimately,
the societies use a common approach to the software used
for the evaluation of the designs. “We have moved from ten
sets of Rules for tankers and another ten sets for bulk
carriers to a single standard for each ship type,” Mr Sadler
said. “Yet the classification societies have developed multiple
software programs for each of the new Rules. It is inevitable
that such an approach will return different results and
our experience to date has shown this to be the case. That
dilutes the intent of the Rules and introduces an unnecessary
element of confusion for the designers and shipyards.”
Testing of the new joint software is being
finalised and design review engineers from both societies
are scheduled to begin intensive training on its application
in early October. Once this process has been concluded,
each of the societies will withdraw their existing CSR software
and all new designs presented to either society will be
evaluated using the new common software. In the interests
of promoting technical consistency and maritime safety,
the two societies have also announced that, once the exhaustive
testing of the new software has been completed, it will
be made available to other IACS members.
“At that time we will welcome any approach
by our colleagues from the other societies to join this
endeavour to introduce a standardised approach to the application
of the Common Rules for these two ship types,” Somerville
stressed. Such usage will merely require a simple licensing
agreement, he added.
The IACS Common Structural Rules for Tankers
and Bulk Carriers were unanimously adopted by the ten member
societies in December 2005. They became effective for vessels
contracted on or after 1 April 2006. They apply to all double
hull tankers of 150m in length and above and to single and
double side skin bulk carriers of 90m in length and upward,
other than ore carriers.

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In his review of the first half of 2009 West of England
P&I Club's managing director Peter Spendlove says the club’s
strong operating result for the first half of 2009 has been
encouraging. The club says its free reserves have risen
to about USD180m, returns on investment have exceeded USD40
for the year to date while releases have been reduced for
the 2007 and 2008 policy years and claims have been lower
so far for 2009.
He says: “Some stability appears to have returned
both to claims activity and investment markets. Claims costs
seem to be moderating, and the Club’s investment portfolio
has performed strongly. Tonnage has continued to grow steadily.
However, claims and investment environments remain fragile
and volatile so that firm conclusions cannot be drawn from
these positive developments until trends become more established.
We shall continue to work closely with members and their
brokers to ensure that we achieve balanced underwriting
results.”
There is, Mr Spendlove says, no easy explanation
for the apparent drop in frequency and cost of claims over
the last six months, not least because there is not yet
an established trend. Reduction in shipping activity and
falling values of ships and their cargoes may be significant
factors for certain types of claim, but environmental and
personal injury claims may be less influenced by the global
economic downturn.

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The International Transport Intermediaries Club (ITIC) has
urged shipmanagers to limit their liability to a sum which
reflects the growing proportionate gap between ship values
and the level of shipmanagement fees.
Ahead of an impending revision of the standard
industry shipmanagement agreement, ITIC notes that the standard
shipmanagement agreement, BIMCO Shipman, has been around
for over twenty years.
It says, “The current version is BIMCO Shipman
98 and it is expected that another version will be published
very shortly. The common thread through all these agreements
is the ability of shipmanagers to limit their liability
for acts arising solely from their negligence or gross negligence
to ten times the annual management fee. The value of ships
has increased significantly since 1988, when the first contract
was drafted, but the level of shipmanagement fees has not.
Therefore the need for a shipmanager to limit its liability
to a sum commensurate with the fee that it is earning is
more important in 2009 than ever before.”
ITIC claims director Andrew Jamieson says,
“The club never recommends that a shipmanager signs an agreement
that does not limit its liability to a multiple of the fee
it earns. Of course it might not always be possible to limit
liability to ten times the management fee (even though the
overwhelming majority of contracts do), but a great deal
of effort should be made to limit liability to a reasonable
sum. If shipmanagers have no limit of liability in their
contract they will face more claims from opportunistic owners
wanting them to contribute to every operational loss. Also,
managers may suffer a sharp increase in their professional
indemnity premium as the underwriter will look at their
ability to limit liability under contract when assessing
the premium.”
“Furthermore,” says Mr Jamieson, “all shipmanagers
should exclude all liability for the negligent acts of the
crew. A manager is usually acting as an agent for and on
behalf of the owner and is arranging the employment of the
crew. It is for the owner to insure the negligent acts of
the crew, not the shipmanager.”

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Can it really be getting better?
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Confidence levels in the shipping industry have been
rising over the past three months according to the latest
Shipping Confidence Survey from shipping accountant Moore
Stephens. The survey also reveals a growing awareness
of the impact which the growth of China may have on the
way the industry conducts its business The average confidence
level expressed by respondents, on a scale of 1 to 10,
was 5.7, compared to 5.5 in the previous survey in May
2009.
Owners, managers, charterers and brokers all exhibited
increased confidence in connection with the shipping markets
in which they operate. The increase in confidence was
most marked among brokers, rising from 4.9 to 5.6. Confidence
was up in all major geographic areas with the exception
of Asia, where levels remained unchanged from the 5.9
recorded in the previous survey.
A number of respondents acknowledged that the start of
a recovery was under way, and also recognised the opportunity
which currently exists to buy vessels at historically
low prices.
“The shipping market has started to pick up this year
after the effect of the global economic crises,” noted
one respondent, while another commented, “The recovery
of the global economy will result in strong demand for
tonnage as delayed projects get up and running again.”
Less optimistic comments included predictions that excessive
tonnage oversupply would keep the lid on freight rates,
and the catch-all observation, “Hoping for the best, getting
ready for the worst.” Another respondent warned, “Because
two newbuildings are being delivered for every vessel
scrapped, the shipping market will not be able to pick
up over the next three-to-four years. And it may deteriorate
even further, with a number of owners forced into bankruptcy.”
China was a subject on the minds of a number of respondents,
one of whom noted, “China is now the producer, the consumer,
the trader, and the transporter, it has got the cheapest
and the most plentiful supply of labour, and it is possibly
the richest country in the world. None of these things
can be good for the international shipping industry.”
Another remarked, “China’s influence in the shipping
markets is a risk which has not yet been fully factored
in. China will control a lot of cheap new tonnage, with
the result that a number of independent shipowners will
not have the opportunity to compete.”
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The European Liner Affairs Association (ELAA) has welcomed
the European Commission's new Block Exemption Regulation
for Liner Shipping Consortia. The liner shipping industry
sees this this as an important move as it allows carriers
to cooperate on providing services to their customers.
The industry claims that consortia bring benefits in the
form of the frequency and sailings of port calls and the
ability of lines to use larger, cost effective, more environmentally
favourable vessels.
ELAA executive director Chris Bourne said: “The new Block
Exemption is crucial to our industry, particularly in
the present difficult economic circumstances. It allows
lines to work together within consortia and with legal
certainty of providing services to its customers. It is
also gratifying to know that the Commission has listened
to the arguments of ELAA Members and has made improvements
to the wording of the original BER draft. We would have
preferred, as in other regimes, not to have a market share
threshold or a lock-in period but we appreciate that these
were always difficult matters for the Commission.”
Competition Commissioner Neelie Kroes said: "Since 1995
liner carriers have been granted conditional exemption
from the competition rules when operating joint services.
As markets change, this exemption has to be reviewed.
After careful examination the Commission has decided to
amend and prolong the consortia Block Exemption Regulation
for five more years. I am confident that this Regulation
strikes the right balance between the interests of the
liner carriers and those of transport users."
Under both the new and the current Commission Block Exemption
Regulation, all consortia agreements (except notably those
on price-fixing) whose objective is the joint operation
of liner shipping services are exempted from the EC Treaty’s
ban on restrictive business practices (Article 81) provided
they fulfil the conditions and obligations set out in
the Regulation.
The EC says in a statement: “The new Regulation incorporates
amendments made necessary by the repeal of the liner conference
Block Exemption Regulation in 2006 (see IP/06/1249 ).
It also aims at better reflecting current market practices
and bringing the consortia block exemption in line with
other block exemption regulations for horizontal cooperation
between companies. The scope of application of the new
Regulation has been extended to all liner shipping cargo
services, whether containerised or not. The list of exempted
activities has been revised in order to better reflect
current market practices. The market share threshold has
been reduced from 35% to 30% and the method of its calculation
clarified. Finally, the exit-clauses and lock-in periods,
in case a member wants to withdraw from the consortium,
have been prolonged to better reflect current market practice
but still safeguard the carriers' flexibility.”
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In an unusual move US-based Windstar Cruises, which operates
a three-ship fleet of luxury yacht-style vessels is contracting
BMT Group to provide the company's Designated Person Ashore
(DPA) and Company Security Officer (CSO) - functions required
as part of the International Safety Management Code and
the International Ship and Port Facility Security Code.
Windstar formally took all ship management functions in-house
on September 6, 2009, including ship board deck, engine,
and hotel operations, as well as shore-based management
functions such as port operations, technical and hotel
purchasing, and human resources. New positions were created
at Windstar's headquarters in Seattle to manage the new
responsibilities. Previously the Windstar Fleet had been
operated by a full-service ship management company.
For the positions of DPA and CSO, which are normally
assigned within a ship operator's management organization,
Windstar sought a new and highly innovative alternative
solution.
"Because the DPA and CSO are expected to be completely
independent of ship operational management, we feel that
a trusted third party like BMT will provide an objective
view of the safety, environmental, and security aspects
of Windstar fleet operations," said Captain Nico Corbijn,
Windstar executive vice president, adding "we also felt
that we could meet this international requirement more
cost-effectively by engaging BMT rather than permanently
increasing our staff here at Windstar."
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The Nautical Institute’s London and Solent branches will
be running a conference on terrorism, piracy and war risks.
Taking place in Southampton 6-7 November, the event will
feature presentations from Simon Stonehouse (Joint Hull
Committee), Nick Taylor (Chevron), Capt Richard Farrington
(Royal Navy) and many more.
According to the organisers the aim of the
conference is to provide practical advice to mariners, shipowners,
charterers, brokers, lawyers and others in the maritime
industry, on how to manage the risks which arise when a
ship is required to transit an area where terrorism or piracy
is, or may be, present.
See www.nautinst.org/london/
for further details.

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