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12 January 2009
A free fortnightly publication produced by Maritime London
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Michael Molloy of Maritime London member Lloyd’s Register
says that the process of implementing the International
Safety Management Code began badly and is still struggling.
After a detailed survey of the Code in practice, and suggesting
five distinct remedial steps, Mr Molloy – who is manager,
ISM and International Ship and Port Security Code Regulatory
Affairs at LR – comments:
“The code has long-term implications for the
regulation of shipping that go far beyond its significance
as a piece of regulation per se, and it is important to
realise that what has been created is a foundation, not
an edifice.”
He says that the Code can be made to work
better and that there is no doubt that things could be improved.
He adds: “Many elements need to be brought
together, in a systematic way, before the building is complete.
Endlessly chipping away at the cornerstone will not get
the job done.”
Mr Molloy is one a number of experts answering
the question, “Is the ISM Code working in the way it was
intended?” in the latest issue of Currents, the American
P&I Club’s magazine. The club says that, although the code
marked its 10th anniversary on 1 July last year the date
went by with relatively little fanfare and no particular
retrospective look into how effective it has been in addressing
the human element at sea.
Dr William Moore, senior vice president, risk
control, at Shipowners Claims Bureau Inc., the club’s managers,
writes that there are many reasons to develop and implement
the code when there is a growing awareness of the role that
the human element plays in maritime casualties.

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As part of its ongoing promotional activities,
Maritime London will be visiting a number of leading maritime
centres around the world, promoting the UK’s professional
maritime services sector. The trips will take place in conjunction
with the Lord Mayor’s international programme and involve
meetings with a range of local companies, receptions and
presentations.
The trips are open to attendance by any Maritime
London member.
Schedule
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January
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Cyprus
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March
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Istanbul
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If your company is interested in participating,
please contact Doug Barrow.
E: dbarrow@maritimelondon.com
T: 020 7929 4999

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The managers of the Britannia P&I Club, Tindall
Riley Marine and Liverpool John Moores University have become
the latest organisations to join Maritime London. There
are currently 80 companies in membership.
Click
here to learn more about joining Maritime London.

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Thomas Miller managed insurer International Transport Intermediaries
Club (ITIC) has advised shipbrokers against using the term
‘first-class charterers’ when conducting fixture negotiations,
following a claim made by shipowners against one of its
broker members in respect of the failure of charterers to
perform a contracted fixture.
Writing in the latest issue of its Claims
Review, ITIC explains, “Norwegian shipbrokers were involved
in negotiations for a voyage charter. When entering the
market, they described the charterers as ‘first-class’.
It was also alleged that, during the negotiations, they
made positive representations that the charterers had the
money to perform the fixture. Ultimately, however, after
the voyage had been fixed, the charterers did not perform
the contract. The owners obtained an arbitration award but
the charterers had no assets to satisfy it.
“The owners subsequently sued the shipbrokers,
stating that they had been induced into the charter party
because of misrepresentations made regarding the financial
standing of the charterers. The claim totalled approximately
US$3m.”
ITIC discourages the use of the expression
‘first-class charterers’. It says, “If, as is often the
case, brokers do not wish to identify the charterers, it
is better to use the more neutral term ‘private clients’
than anything that could imply a financial reference. In
this case, although many of the representations were oral,
lawyers advised that there was a real possibility that the
broker could be held liable. Accordingly, a settlement was
agreed at $650,000.”
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Maritime London member and respected shipping market analyst
Fred Doll has teamed up with Navigate Events and the International
Parcel Tanker Association to run the Chemical & Product
Tankers event which takes place 10-11 March in London.
Sponsored by the American Bureau of Shipping,
the programme features looks at the outlook for the market
as well as regulatory, coatings and safety issues.
Speakers include Heidmar UK’s chartering director
John Edmonson, the managing director of Essberger Tankers
Hugo Finlay, vice commandant Charles Darr of the US Coast
Guard and Svend Foyn-Bruun of Odfjell Seachem Parcel Tankers.
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Maritime London member, the London P&I Club
says one of its members recently suffered an onboard fire
as a result of the willful mis-description by shippers of
a chemical cargo. And it warns that there is a danger of
further such incidents occurring, given the nature of modern
transport logistics.
The cargo involved was calcium hypochlorite,
a chemical in widespread use throughout the world, most
commonly in the treatment and purification of water, and
which has some inherent properties which can make it extremely
dangerous. For example, if it becomes too hot, or contaminated
with impurities, a reaction may set in, leading to fire
or explosion.
Several such incidents occurred in the late
1990s, some involving explosions in onboard containers which
resulted in extensive damage to large oceangoing ships.
Subsequently, both the International Group and IMO issued
guidance on the carriage of calcium hypochlorite, and the
IMDG Code was amended. A number of carriers went further
and simply refused to accept any calcium hypochlorite cargoes.
In the latest issue of its StopLoss Bulletin,
the London Club says, “A Club member recently experienced
a fire on board one of its ships which originated in a calcium
hypochlorite cargo which, in order to circumvent the carrier’s
prohibition of carriage, had been deliberately mis-described
by the shipper as ‘calcium chloride’.”
It adds: “Given the nature of modern transport
logistics, there is a strong likelihood of further such
mis-descriptions occurring, either intentionally or inadvertently,
particularly since international rules to ensure the safe
transportation of chemicals are not applied universally.”
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Alderman Ian Luder
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The City of London’s Lord Mayor has welcomed
plans for a new approach to taxing multinational companies
as “a huge plus for the UK” that could reverse 2008's drift
of companies to more attractive tax regimes. But Mr Luder,
a tax expert who became head of the City of London in November,
warned that Britain’s appeal could be blunted by new restrictions
on interest relief that are part of the mooted reforms.
The government’s latest plans mark a shift
away from Britain’s tradition of taxing corporate profits
earned abroad, as well as at home, towards a “territorial”
approach, in line with the European norm. Their publication
last month was welcomed by businesses.
Alderman Luder, whose main role as Lord Mayor
is to be an ambassador for financial services and professional
businesses, said the latest proposals were “very fundamental
reforms” that could create a perception of Britain as an
attractive centre for headquarters.
“The driver has been the exodus of well-known
multinationals. If handled correctly, [the proposals] could
not only reverse this but could turn the UK into a competitive
headquarters location for companies,” he said in an interview
with the Financial Times.
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Christian Lange has become the managing partner of Faststream
AS, the Oslo based arm of international maritime recruitment
specialist and Maritime London member Faststream Recruitment.
Commenting on the appointment, Faststream
Group CEO Mark Charman said: “Christian is a shipping man
through and through with years of shipbroking experience
under his belt who really understands the sector. After
two years with Faststream, I’m delighted that he has become
a partner in our fast growing firm. Under his leadership
our Oslo office has gone from strength to strength and we
continue to expand.”
According to Christian Lange, there are still
many good opportunities for senior and mid-level shipping
positions across Scandinavia and northern Europe, despite
the sharp market downturn.
“We still have many clients who are looking
for people on both the technical and commercial side of
the business and we will be taking on new recruitment consultants
to handle the demand. There is certainly not a lack of jobs
for experienced candidates. Companies always need good people,
particularly in a downturn and we are able to deliver better
candidates than ever before for the available positions.”
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Maritime information provider and publisher Lloyd’s Register-Fairplay
has signed a global distribution agreement with US-based
Orbcomm AIS LLC which allows LR-Fairplay to distribute information
obtained from Orbcomm’s AIS equipped satellite constellation.
Orbcomm's “constellation” of more than 30 spacecraft includes
six recently-launched satellites carrying AIS receivers,
making Orbcomm the first commercial provider of globally
collected AIS data from space.
Richard Silk, joint managing director of LR–Fairplay
said: “AIS data, when used appropriately, is of significant
benefit to both government and industry. The fusion of both
terrestrial and satellite derived AIS data provides an unrivalled
view of the global maritime domain.”
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Newly-established Dutch company Global Response Maritime
has been awarded the contract to remove the stern of the
wrecked container vessel MSC Napoli. The contract, placed
by the vessel owners, calls for the clearance of a stern
section with an estimated weight of around 3,800 tonnes.
Zodiac-operated MSC Napoli became a casualty during a violent
Channel storm in January 2007. The UK-flag vessel was beached
deliberately, in order to prevent her sinking in the English
Channel.
Subsequent operations, by other contractors,
included recovery of bunkers, containers and the forepart
of the ship. The work scope under the new contract involves
the total removal of the stern, including main engine, together
with delivery of all scrap to the recovery facility of Scheepssloperij
Nederland Gravendeel. Work should start within the first
quarter of this year and be finished by August.
The Secretary of State's Representative for
Maritime Salvage and Intervention, Hugh Shaw said:
"I am delighted that the owners have placed
another contract for the removal of the final section of
the MSC NAPOLI. From the onset of the incident they have
shown tremendous resolve and commitment to remove the bunkers,
cargo and the wreck. This contract marks the final piece
of the jigsaw and I look forward to a successful operation."
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The Merchant Navy Training Board (MNTB) is asking for comments
on the final draft National Occupational Standards (NOS)
for Shore-Based Ship Management activities and occupations
which it made just before Christmas.
It is to be submitted to the UK Commission
for Employment and Skills for official approval early this
year.
The MNTB says: “We would be pleased to hear
if you have any comments on the drafts, and would particularly
appreciate you letting us know, by email, if you feel the
standards are a fair reflection of good practice in the
ship management activities covered. Please respond direct
to glenys.jackson@mntb.org.uk.”
For a copy of the National Occupational Standards
(NOS) List and Overview for Shore-Based Ship Management
visit www.british-shipping.org.
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K Line LNG carrier
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The in-service fleet of LNG carriers has passed
the 300-ship mark. Reporting the development, specialist
UK-based LNG carrier publication, LNG
World Shipping, notes that it took 34 years for the
fleet reach 100 vessels and a further eight years for it
to break through the 200-vessel barrier.
“Now,” the publication reports, “the 300-ship
mark has been reached just over two and one-half years later.”
The 155,000 cu m membrane tank vessel Tangguh
Jaya became the 300th member of the current fleet of gas
carriers engaged in the deepsea movement of LNG on its delivery
by Samsung Heavy Industries (SHI) to K Line and PT Meratus
Line on 29 December 2008. Tangguh Jaya is one of a fleet
of seven LNG carriers being built in Korea for the carriage
of LNG from the new Tangguh LNG export plant in Indonesia’s
Papua province for carriage to customers in China, Korea
and the west coast of North America.
LNG World Shipping reports that the seven-ship
fleet comprises two 145,700m3 LNG carriers built by Daewoo
Shipbuilding & Marine Engineering for Sovcomflot/NYK, two
155,000m3 vessels from Hyundai Heavy Industries for Teekay
and three 155,000m3 ships from SHI for K Line. The LNG carriers
are being delivered over the November 2008-May 2009 period
and Indonesian shipping lines hold minority stakes in the
vessels.
The Tangguh LNG plant is scheduled to commence
operations in the second quarter of 2009. There are a further
89 LNG carriers on order worldwide for delivery through
2011, according to LNG World Shipping.
LNG World Shipping comments: “The pace of
LNG carrier ordering has slowed in recent years due to delays
in final investment decisions for further new LNG export
projects. As a result, the pace of LNG carrier construction
that has taken place over the last 30 months is unlikely
to be equalled for some considerable time.”
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Greater
transparency is needed for the shipping industry
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Shipowners should do more to welcome television
camera crews and other media professionals on board their
vessels if the industry is to get the public support it
properly deserves, according the latest issue of North of
England P&I club’s bulletin North News.
Club director Mike Salthouse says: “As an
industry, we have allowed a situation to develop in which
the only time that shipping comes into the public eye is
when disaster has struck. The public can thus hardly be
blamed for having a poor image of the shipping industry
- but it is this poor perception that lies at the root of
many our problems.”
Mr Salthouse points out that the public currently
expects its elected politicians to penalise shipowners and
their crews whenever something goes wrong - despite their
increasing dependence on shipping for day-to-day living.
However, he blames the industry’s opacity and complacency
for the current state of affairs. He calls for a wholesale
change of mindset.
“Shipowners, charterers, P&I clubs, classification
societies, shipbuilders - in fact all of us within the industry
- need to start promoting ourselves by explaining what we
do to everybody and anybody who will listen,” he says.
In particular Mr Salthouse urges the industry
to capitalise on media initiatives such as The Box, a BBC
News project launched in September 2008 to track a shipping
container around the world for a year.
“Such opportunities to explain on mainstream
media the nature of goods transported, the type of ship
used and even the carriers involved, do not come by very
often,” he says.
“Interviews could be given by the master and
the crew, and cameras should be welcomed aboard to view
the conditions in which the crew operate.”
Salthouse concludes that continuing to ignore
its true customers is not an option for the shipping industry.
"If we do this, seafaring will become
an increasingly unpopular profession, increasing the difficulty
of sourcing crew - which, in turn, will have a knock-on
effect in terms of casualties. Legislators will further
penalise shipping interests and restrict shipowners’ liability
rights. More worryingly, the tendency to compel the shipping
industry to compensate parties for loss, irrespective of
fault on the part of the shipowner, will gain momentum and
the cost of P&I claims will continue to rise."
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