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16 June 2008
A free fortnightly publication produced by Maritime London
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UN secretary-general Ban Ki-moon
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The London based International Maritime Organization
(IMO) will pay host to the United Nations (UN) secretary-general
Ban Ki-moon and the Duke of Gloucester as it hosts a series
of celebrations and events to be this week to mark a number
of major milestones in the history of IMO.
In addition to hosting the 100th session of
the IMO Council, the week will see IMO inaugurate its newly-refurbished
headquarters, commemorate 60 years since the adoption of
the IMO Convention and 50 years since that Convention entered
into force, as well as mark the 25th and 20th anniversaries,
respectively, of the World Maritime University (WMU) and
the IMO International Maritime Law Institute (IMLI).
UN secretary-general Ban Ki-moon will today
give a special address to the IMO Council. He is expected
to highlight the work of IMO not just in terms of the service
it provides in regulating the maritime industry, but also
in the wider context of the international agenda set by
the United Nations, including IMO's work to support the
Millennium Development Goals, protect the environment and
promote sustainable development. Ruth Kelly, Secretary of
State for Transport for the United Kingdom, IMO's host government
will also address the Council.
Click here
to read about the week’s celebrations in detail.
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Two new futures contracts based on the Baltic
Dry Index (BDI) were launched last week by London based
brokerage ICAP and Oslo based Imarex. Based on a basket
of key dry bulk shipping routes covering handy, supramax,
panamax and capesize vessels, the BDI is a widely accepted
barometer of the health of the dry freight markets.
Aimed at banks, hedge funds and private investors
looking to increase their exposure to the volatile dry bulk
shipping markets, the new contracts provide an alternative
to existing forward freight agreement contracts based on
specific routes and vessel sizes. Movements in the BDI correlate
to a high degree with movements of some of the most highly
traded dry bulk shipping shares.
The BDI is published daily by the Baltic
Exchange.
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The failure of the legal challenge by an
Intertanko-led group of shipping industry bodies to the
European directive on criminal sanctions for ship source
pollution has caused uncertainty about the status of EU
law in regard to international conventions.
Intercargo chairman Nicky Pappadakis said:
“We have concerns as to the implications of this ruling
and the standing of international conventions.”
The European Court of Justice ruled that the
validity of the EU Directive 2005/35/EU on ship source pollution
cannot be assessed by reference to the international conventions
MARPOL 73/78 and UNCLOS 1982.
But Intertanko and its consortium partners
say this leaves open the door for other legal fora to rule
on how the directive is to be interpreted consistently with
these conventions The coalition of applicants challenged
the Directive in the English High Court as being inconsistent
with, and contrary to, the internationally harmonised rules
on the same issue contained in MARPOL 73/78 and UNCLOS 1982.
Intertanko chairman Nick Fistes said: “These
proceedings were brought to uphold the principle of the
shipping industry being regulated on a global basis with
regulations that are legally certain and capable of uniform
application. Furthermore, they were brought to ensure the
fair treatment of seafarers and others engaged in the shipping
industry. We are very concerned at the Court’s ruling and
its implications for the shipping industry.”
The chairman of the Greek Shipping Co-operation
Committee, Epaminondas Embiricos, pointed to the implications
for non-EU countries saying: "The effects of this possibly
far reaching judgment must now be given serious thought,
primarily by those non European Union States whose MARPOL
and UNCLOS treaty rights are being prejudiced.”
On the same theme Colin de la Rue, partner,
Ince & Co, noted: “The ruling appears to mean that if there
are concerns about the compatibility of a Community instrument
with international maritime law, these cannot be tested
in the European Court and can be examined only if flag States
outside the Community refer them to other international
tribunals.”
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Poorly sited offshore windfarms
are a danger to shipping
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The Chamber of Shipping has warned the government
not to “build on the motorway” when it sanctions new offshore
windfarms. The Crown Estate has launched its Round Three
leasing programme for the delivery of up to 25 GW (gigawatts)
of new offshore windfarm sites by 2020.
Mark Brownrigg, director-general, Chamber
of Shipping, said: “To use a land-based analogy: when planning
offshore sites, please don’t build on the motorway! Or on
the hard shoulder. But do build in the fields.”
Responding to the proposals he said: “The
shipping industry supports the Government’s objective of
increasing the percentage of Britain’s energy needs supplied
by windpower. However, the Round Three leasing programme
needs to consider carefully both the environment and the
existing users of the seaways around the UK.”
He added: “Offshore windfarms can pose serious
threats to shipping – because of the navigational safety
implications when windfarms are located to close to established
shipping routes and where they cause interference to ships’
radar. And where ships are forced to deviate around windfarm
sites, that may negate some of the environmental benefits
they were intended to bring.”
The Chamber says that it will continue to
monitor planning applications to ensure that shipping’s
safety, efficiency and low environmental impact are not
compromised, while engaging positively with developers.
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In his introduction to the latest Greek Shipping
Co-operation Committee Annual report, the London-based body's
chairman Epaminondas Embiricos says the GSCC has made clear
its opposition to CO2 taxes to Greece's shipping minister.
Mr Embiricos said that the topic was many discussed at “several
productive meetings” with the Minister of Merchant Marine
George Voulgarakis.
The GSCC chairman says: “We explained to Mr
Voulgarakis why we oppose any form of tax, including any
Emission Trading Scheme, being imposed on vessels’ CO2 emissions.
The emission of CO2 by vessels is an inevitable result of
transporting the world’s trade. There is no alternative,
non-carbon based fuel, currently available, nor will such
a fuel be available in the foreseeable future. Thus limiting
or reducing CO2 emissions can only be achieved through limiting
or reducing trade, at the expense of the global economy.”
He continues: “Every incentive already exists
for vessels to be as fuel efficient as possible in view
of the very high price of fuel, which has increased more
than five fold over the last few years. In fact CO2 emissions
per ton mile transported show a significant and steady decrease
over recent years, and there is no justification for a shipping
carbon tax which would amount, simply, to a penalty, while
having no discernible effect in further reducing CO2 emissions.”
Mr Embiricos also refers to evidence that
shipping emissions slowed global warming.
He says: “Furthermore, recent studies have
shown that when looking at vessel emissions as a whole,
the net effect produced is global cooling, not global warming.
This is as a result of sulphate aerosols and methane reduction
outweighing the CO2 warming effect. The IMO is meeting in
June to discuss this matter and it is imperative that before
taking any potentially harmful decisions, the necessary
effort should be made to get the science right. It would
be ludicrous to seek to impose a tax on vessel CO2 emissions
or to impose an ETS scheme if indeed shipping contributes
to global cooling rather than warming.”
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Leading maritime industry figures speaking
in China at a Lloyd’s Register-organised meeting have urged
global shipbuilders and suppliers not to let the current
shipping boom distract them from what must remain their
top priority: the construction of quality vessels.
The comments, made at the 7th annual meeting
of Asia’s LR's China National Committee (CNC), came as global
shipbuilding capacity was set to eclipse 50 million compensated
gross tons next year, raising concerns about the number
of inexperienced yards entering the market and the growing
pressure to find increasingly scarce skilled workers.
Zhang Guangqin, the president of the China
Association of National Shipbuilding Industry, said with
the appreciation of the Yuan, rising interest rates, and
surging raw material and labour costs already threatening
to curb the global appetite for new ships, any slip in shipbuilding
quality could bring an end to the current demand cycle.
“Quality issues are the best excuses for ship
owners to stop ordering and, with so many challenges emerging
for the yards to manage, strengthening quality management
should be the most urgent and important task,” Mr Zhang
told delegates in Sanya, Hainan Island. “This year needs
to be the Year of Quality for China’s marine industries.”
The CNC meeting hosted by Lloyd’s Register
was attended by more than 40 of the country’s top builders,
owners and designers who collectively challenged the industry
to renew its commitment to quality, noting that failure
to do so would reach beyond the industry to adversely impact
on the overall ‘Made in China’ brand.
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Lloyd's Register has developed a voluntary
assessment programme, designed to support the practical
implementation of the forthcoming ILO Maritime Labour Convention
(MLC, 2006) on new and existing ships.
LR notes that, while not yet mandatory, the
MLC is a significant development in international shipping
described as a 'bill of rights' for maritime labour, is
expected to come into force by 2012. But ratification may
take place even earlier. The convention has been drafted
to help ensure that all seafarers, regardless of their nationality
and the flag of the ships they work on, can enjoy decent
working and living conditions.
Lloyd's Register believes that the MLC, 2006
will have a direct and positive impact on crew recruitment
and retention and maritime safety - key issues for all those
involved in shipping. The new convention sets minimum standards
on issues such as conditions of employment, accommodation,
recreational facilities, food and catering, health and safety
protection, medical care, welfare and social security protection
issues. Detailed requirements of the convention aim to tackle
issues associated with the causes of fatigue, occupational
accidents, recruitment, employment opportunities and working
and living conditions for an estimated 1.2 million seafarers.
Roland Ives, Lloyd's Register's ILO development
manager, commented: "The convention will affect nearly all
operators. Its compliance and enforcement provisions will
ensure that MLC, 2006 requirements are to be respected even
on ships flying the flag of countries that have not ratified
it, thus helping establish a level playing field. In the
future it may be possible for port state control to detain
any ship for non-compliance on a labour related issue. This
convention represents a major international initiative to
eliminate sub-standard shipping and is a positive development
for those operators who support the recruitment and retention
of well motivated seafarers.”
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Captain Richard Coates, FNI has been elected
as president of the Nautical Institute, the international
professional body for qualified seafarers and others with
an interest in nautical matters He succeeds Captain Nicholas
Cooper and will serve for two years.
In his inaugural address, he stressed the
importance of the role of the Nautical Institute, and of
increasing this influence through major growth of the international
membership, while working ever harder to encourage the recruitment
of younger members.
He added: “The Nautical Institute is a unique
body, with a highly qualified, experienced and motivated
membership. Our opinions and experience become ever more
worthwhile in a world where core values are easily forgotten
or overlooked.”
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The US insurance rating organisation AM Best
maintained mutual insurer TT Club’s financial strength and
issuer credit ratings at A- (Excellent) and has set the
outlook for TT Club as ‘stable’.
According to the rating organisation combined
ratios between 105% and 110% are anticipated in 2008/09
which is line with that achieved in 2007 of 108%. Despite
some weakening last year of risk-adjusted capitalisation
noted by AM Best, the rating decision reflects the opinion
that TT Club will maintain a strong capital position both
this year and next.
Commenting on the rating announcement, Paul
Neagle, chief executive of TT said: “We are delighted that
in a highly competitive market our financial strength continues
to meet the needs of Members, brokers and outside authorities
alike. On investments Neagle noted: “While TT Club’s investment
portfolio is not directly exposed to losses arising from
sub-prime debt, our conservative investment strategy has
been and remains sensitive to further changes in the interest
rate environment.”
TT’s 2007 financial results show an investment
return last year of USD 23.m, just fell short of the 2006's
record high USD 25.2m.
Mr Neagle said: “Concerns remain high over
the rising claims in sectors such as bodily injury and handling
equipment. Although the surge in claims experienced in 2006
has not re-occurred, we remain vigilant in taking action
on loss prevention and deductibles to ensure that the Club’s
operating performance is maintained.”
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The former secretary of state’s representative
(Sosrep) for the UK’s Maritime & Coastguard Agency Robin
Middleton has been awarded a CBE in the Queen's birthday
honours. The role of Sosrep involves coordinating and taking
responsibility for all salvage cases wich carry a significant
risk of pollution in UK waters. During his eight years as
Sosrep he was involved in over 650 incidents, including
managing last year's MSC Napoli incident.
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