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A report assessing the importance of the UK maritime services
sector - including ports, shipping and professional services
- estimates that the sector creates 227,000 jobs or 0.8%
of total UK employment. Produced by Oxford Economics on
behalf of Maritime UK, the report entitled The
Economic Impact of the UK Maritime Services Sector was
presented to Secretary of State for Transport on 27 April.
Other key findings of the report are that the UK maritime
services sector:
Contributes GBP 13.1 bn to UK GDP
The report estimates that the maritime services sector
made a direct £13.1 billion value-added contribution to
GDP or 0.9% of the UK total. Therefore, the maritime services
sector made a larger contribution to UK GDP than both the
civil engineering and electricity distribution industries.
Generates GBP3.1 bn for the UK Exchequer
And, in addition, the maritime services sector directly
generates over £3.1 billion (or 0.6% of total government
revenue) for the UK Exchequer, through a combination of
taxes paid by both employees and firms in the industry.
The industry also supports considerable activity in
other sectors.
Service providers will source goods and services from UK-based
suppliers, which, in turn, have their own suppliers (some
of whom will be based in the UK) and so on. In addition,
people employed by the maritime services sector and its
suppliers will spend their wages on other goods and services
in the UK economy. Such effects are typically referred to
as the indirect and induced impacts.
Including indirect and induced effects, it supported
531,000 jobs and contributed GBP26.5 bn to UK GDP
Including direct, indirect and induced impacts, the maritime
services sector is estimated to support 531,000 jobs or
1.8% of total employment. Moreover, once these multiplier
effects are accounted for, the sector makes a value added
contribution of £26.5 billion (1.9% of total) to UK GDP
and Generated £7.8 billion for the UK Exchequer.
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Major casualties at sea continue at a disturbing level,
marine insurers are warning. The number of incidents reported
in 2010 followed the negative trend of the previous four
years, according to the International Union of Marine Insurance
(IUMI).
In it latest annual statistical review covering vessels
over 500 gt, IUMI notes there have been 623 serious losses
reported to date for 2010, a similar figure to 2009. This
means that 2010 joins the five worst vessel loss years in
the last 17. The pattern seems to dash hopes raised a year
ago of a reversal in casualty experience when shipping activity
had slowed as a result of recession in many leading nations.
Patrizia Kern (a senior underwriting director at Swiss
Re), chair of the facts and figures committee, one of IUMI’s
seven technical committees, said that even ahead of a full
picture of the year from claims reports, there was no doubt
that the failure to stem the high level of casualties was
of great concern to insurers.
“When IUMI’s annual conference is held in September, our
committee will undoubtedly report higher 2010 figures for
total losses and serious losses, illustrating the longtail
nature of hull and machinery claims,” she said.
The number of total losses for 2010 stands at 63, similar
to the figure reported by IUMI 12 months ago for 2009. Since
last year’s report the outcomes for 2008 and 2009 have deteriorated.
The number of reported total losses has increased for 2008
from 89 to 96, and for 2009 from 67 to 86. This would suggest
that 2010 will be similar to its preceding two years.
At this early stage of development of the book, nearly
600,000 gt has already been reported as lost in 2010, against
nearly 645,000 gt in 2009. Weather continues to be the major
cause of total losses, followed by groundings. The number
of dry bulkers and tankers which suffered total losses continues
to be low relative to the world fleet, but there appears
to be a trend of losses to larger vessels.
The size of the average dry bulker lost has risen from
19,000 gt in 2008 to 23,000 gt in 2009 and 32,000 gt in
2010. For tankers, the average has risen from 8,000 gt to
11,000 gt and then to 36,000 gt in 2010.
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Changes to the tonnage rules could have dire effects of
the UK-flag fleet, according to a leading shipping accountant.
Maritime London member Moore Stephens says companies operating
within UK tonnage tax could consider leaving the UK, as
a result of HMRC’s decision to unilaterally reinterpret
the regime rules.
Sue Bill, a tax partner with Moore Stephens, says: “Given
the substantial increase in the UK fleet since 2000, it
is widely considered that UK tonnage tax has been a success.
At the outset, the regime promised clarity and stability,
but HMRC’s unilateral reinterpretation of the rules could
be detrimental.”
HMRC’s decision to reinterpret the legislation results
from comments in the 2004 EU guidelines on state aid to
maritime transport. The changes, set out in HMRC’s tonnage
tax manual, focus in particular on the strategic and commercial
management tests that are fundamental to qualification for
the regime. HMRC says that this follows ‘ten years of experience
and legal advice received’.
Ms Bill, however, points out, “The Revenue has not consulted
with the shipping industry. And, although HMRC’s interpretation
is widely disputed, it has not released a detailed explanation
of this legal advice.”
She adds: “The UK government has emphasised the need for
a stable UK tax regime to both support British business
and to encourage international businesses to operate and
stay in the UK. Throughout the regime’s history, it has
taken care to ensure stability and to minimise as far as
possible any unexpected changes, treating fairly those shipowners
operating within tonnage tax. But the reinterpretation by
HMRC means that some groups no longer qualify for the UK
regime despite having previously received HMRC clearance.”
“These fundamental changes may have a detrimental effect
on UK shipping as internationally mobile shipping groups
consider leaving the UK,” says Ms Bill. They do not appear
to arise from government policy, but from changes in HMRC’s
views that were finalised without consultation with the
shipping industry.
She concludes: “In considering their effect, HMRC needs
to ensure that it continues to act fairly and reasonably
by protecting shipowners who elected into the regime for
a ten-year period based on the original HMRC rules and clearances,
which in some cases now no longer apply, at least in HMRC’s
view. HMRC should also now consult on the reasons for its
changed interpretation of the tonnage tax rules. It is time
for HMRC to work in concert with the shipping industry in
order to safeguard British shipping.”
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The North of England P&I club has postponed the launch of
its proposed fixed-premium product for hull and machinery
cover “until market conditions improve”. The launch was
originally scheduled for 1 July to coincide with the run-off
of UK-based Marine Shipping Mutual Insurance (MSMI).
North joint managing director Alan Wilson says there were
a number of factors influencing the club’s decision, including
the current instability in the insurance markets and in
the economy generally. It also became apparent that the
MSMI premium volume transferring would be less than originally
anticipated and that insufficient new business could be
written at a suitable level to make the product financially
viable in the short to medium term.’
According to North chairman Albert Engelsman of Dutch shipping
group Wagenborg: “Having undertaken a detailed investigation
into current market conditions, North has reluctantly-decided
to postpone the launch of its hull and machinery product
until such time as conditions improve. We have also withdrawn
our offer to acquire the run-off liabilities of MSMI as
the launch of the hull and machinery product was an integral
part of this offer. We will be considering whether to make
a revised offer to MSMI and, should matters progress on
this front, a further announcement will be made in due course.”
The club's other joint managing director Paul Jennings
says: “While it is of course disappointing that we are not
proceeding with the hull facility at this time,we are satisfied
it is the right decision. We remain firmly committed to
our long-standing strategic aim of expanding North’s product
range beyond its core protection and indemnity service,
and will continue to consider the possibility of launching
a hull and machinery product in the future.”
North currently provides P&I insurance to 105m gt of owned
tonnage and 45m gt of chartered tonnage, with 4270 ships
entered by 375 members. MSMI has 8m gt of entered tonnage,
with 400 ships and 50 members. Directors of the 39-year-old
club announced in January this year that it would cease
underwriting on 30 June.
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Will changing SOLAS protect against
piracy?
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IMO's Maritime Safety Committee (MSC) will discuss how
to respond to the increasing trend for owners to employ
armed guards to deter Somali pirates this week. The MSC
is expected to discuss the development of guidance on the
employment of private, armed security service providers
on board ships. It will also debate measures to improve
compliance with the Best Management Practices (BMP) to Deter
Piracy off the Coast of Somalia and in the Arabian Sea area
and proposed guidelines to assist in the collection of evidence
after a hijack.
Prominent UK and US maritime lawyer and maritime author
John Cartner is calling for changes to the Safety at Life
at Sea Convention (SOLAS). According to Dr Cartner, managing
member of Washington-based law firm
Cartner & Fiske LLC, under SOLAS and other laws it is
a ship master’s “doctrinal duty” to protect the lives of
those aboard his ship, but that he may not currently lawfully
do this with private armed guards. As pirates endanger the
lives of persons aboard ships, SOLAS should be amended under
the tacit acceptance procedure of the Convention to give
limited transactional immunity to the shipowner and master
placing armed guards aboard their vessels to protect the
lives of those aboard. The tacit acceptance procedure facilitates
a quick and simple modification to keep pace with rapidly-evolving
technology in shipping, but can also be used to deal with
pirates.
Dr Cartner holds an unrestricted master mariner's certificate
and has commanded tankers and container vessels. He says:
“A vote of IMO members can pass a change to SOLAS which
would give limited transactional immunity to any person
who in good faith injures a putative pirate to protect the
lives aboard. This person would be immune from prosecution
by any state party or civil suit in any jurisdiction by
the injured or his personal representative if the injury
occurs in an area declared by the IMO Secretary General
to be one known to be frequented by pirates. The language
would cover any party including owners, managers, operators,
insurers, armed guards and their hiring entities, masters
and officers and ratings.”
However most IMO observers feel it is unlikely that there
will be a change to SOLAS. A International Chamber of Shipping
(ICS) spokesman told London Matters: “At ICS our
expectation is that IMO might consider issuing some kind
of guidance to flag-states that would run parallel to BMP.”
He added that ICS continues to advise strict observance
of BMP as the means to passive defence against pirates.
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It emerged on Monday that BMT Marine & Offshore Surveys,
a wholly owned subsidiary of BMT Group, went into administration
on 26 April and has now by been sold to Braemar Group for
GBP2.4m.
A BMT spokesperson said: “BMT Marine & Offshore
Surveys faced a number of fundamental challenges including
litigation that it could no longer afford to defend.”
BMT said: “The Board of BMT Marine & Offshore
Surveys concluded that there was no other choice and BMT
Group accepted its decision.”
Peter French, chief executive of BMT Group,
commented: “Although it was with sadness that we lost BMT
Marine & Offshore Surveys from the BMT group, I am very
pleased that the future of both the business and the employees
will be protected through this sale. I would like to wish
the staff every success for the future, in the strong belief
that they and the business will thrive under the new ownership.”
Announcing the acquisition from the administrator,
Deloitte, of the business and certain assets of BMT Marine
and Offshore Surveys Limited, Braemar CEO, Alan Marsh, said:
“This is a very exciting development for the technical division
of Braemar Shipping Services Plc Group, enabling us to deliver
a truly global service to our clients.”
A Braemar statement said: “The cash consideration
for the transaction was GBP2.4m, paid on completion. In
its financial year to 30 September 2010 BMTMOS reported
a normalised EBITDA of GBP0.9m, and at that date the book
value of assets acquired was GBP3.5m.”
BMTMOS provides Hull and Machinery, P&I and
Marine Warranty survey services around the globe; clients
operate primarily in the insurance, shipping and offshore
industries. The company has 94 employees, most of whom are
marine surveyors, who operate from 21 offices around the
world.
Going forward the business will join with
the established marine survey operations of the group’s
technical division and will trade under the Braemar name.
Braemar has also reported preliminary results
for its financial year ended 28 February. Revenue, at GBP126.1m
is up from last year's GBP119.0m but pre-tax profit before
amortisation, at GBP14.8m is down slightly from the previous
year's GBP15.0m. Among it year's highlights the company
notes shipbroking profits were up 7% and that there had
been a successful consolidation and relocation of its businesses
in Singapore.
Company chairman Sir Graham Hearne said: “Our
markets in shipping and oil and gas services have had a
turbulent year and against this backdrop the performance
of the Group has been robust. Braemar, across all divisions,
is a first-class company and among the leaders in its various
markets; it is this that underlies my confidence that Braemar
will continue to play a leading role in the markets in which
it operates.”
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Baltex trading screen
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The UK’s Financial Services Authority (FSA) has authorised
the Baltic Exchange’s subsidiary Baltic Exchange Derivatives
Trading Ltd (BEDT) to run a Multilateral Trading Facility
to offer trading in Forward Freight Agreements (FFAs).
Baltex, a central screen based trading solution for the
dry FFA market, will go live shortly. The Baltic Exchange
board met on 4 May and gave BEDT its full support for
the roll-out of the system.
Baltic Exchange chairman Mark Jackson said: “In establishing
and funding the Baltex system, the Baltic continues its
core role in facilitating the development of the shipping
marketplace in all its forms. This is the right response
to broad market developments and emerging regulatory change.”
BEDT chairman Paul Over said: “FSA regulatory approval
means that Baltex is also authorised in all European Economic
Area countries. Baltex also has provisional approval from
the Swiss Financial Market Supervisory Authority (FINMA),
subject to receipt of letters to it from the FSA. Baltex
is expected to gain authorisation from other jurisdictions
in the coming months.”
Baltic Exchange chief executive Jeremy Penn said: “We
are pleased to have finally received the FSA’s approval
and Baltex will be opening for business very soon. We
have held back the launch to allow companies wishing to
participate enough time to deal with the formalities of
signing documentation.”
Underpinned by the highest supervisory and compliance
standards, the Baltic Exchange brand, as well as a high
level of support from the market, the Baltic Exchange
believes that the launch of Baltex will mark a step change
in the way in which freight derivatives are traded.
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Cleartrade Exchange and Drewry have launched the WorldContainer
Index, a global index assessed by Drewry, which can be used
by physical and derivative market participants to manage
freight risk. It will be available to all users of the container
freight market including shippers, carriers, forwarders,
banks, brokers and clearing houses and will be published
weekly on Thursdays.
The index will report individual market prices
on major East-West container shipping routes. Initially
prices for11 individual routes and a composite index will
be reported each week. These will cover trade in both directions
between Asia, North America and Europe. The index data will
be generated by Drewry’s team of industry analysts from
multiple market sources including carriers and intermediaries
and published by WCI Marketing Services, a 50-50 joint venture
with Cleartrade Exchange.
Drewry and Cleartrade Exchange believe that
the new market price indices fill an important gap in the
market, offering wide geographical scope as well as the
inclusion of 'backhaul’ routes from an independent trusted
research house.
Richard Baker, ceo of Cleartrade Exchange,
said, “This is a big step forward for the container freight
derivatives market, providing a robust set of indices on
trade routes that reflect substantial physical volumes.
We estimate the physical volume in 2010on these 11 routes
was 37m twenty-foot container moves. The potential for hedging
and trading that freight risk is obvious.”
Philip Damas, director- liner shipping and
supply chains, Drewry, said, “The World Container Index
assessed by Drewry brings a new level of depth and integrity
to an emerging derivatives market that has huge potential
for a number of participants along the trade chain. The
extreme market volatility in the last three years and the
shortcomings of the annual contract system have highlighted
the need for greater predictability of container shipping
rates and the need for hedging.”
Brian Nixon, president of the Container Freight
Derivatives Association, said, “The CFDA welcomes the launch
of the WCI assessed by Drewry and applaud this initiative
to bring further liquidity to the container freight derivatives
market. The association is on record as saying that its
members support the development of new indices which are
seen by the market to be fair, trustworthy and transparent.
The development of these new indices by the WCI should bring
new trading and hedging strategies along with increased
liquidity to market participants wishing to manage their
risk on a specific route and index."
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An international agreement has been reached on an increase
in the ILO Minimum Basic Wage for seafarers at a meeting
of the Joint Maritime Commission Sub-Committee on Wages
of Seafarers in Geneva on 26-27 April. Phased in over
two years from 1 January 2012, the agreement gives a 7.3%
uplift on the minimum basic wage from US$545 to $585.
The ILO minimum is far lower than agreements for open
register ships approved by the International Transport
Workers' Federation or negotiated by the International
Bargaining Forum (IBF) but is seen as providing a marker
as to what is an acceptable wage in some cases. An ILO
report suggested that the ILO minimum wage be increased
to US$710 per month to maintain purchasing power of currency
movements against the US$.
However, shipowners cited the volatility of the US$ as
a major weakness in the report findings and, in context
of the uncertain economic recovery, refused to consider
a proposed increase of that magnitude.
The current ILO minimum basic wage for an AB covering
48 hours of work will increase from USD545 to USD555 on
1 January 2012, to USD568 on 1 January 2013 and eventually
to USD$585 on 31 December 2013. This brings the agreed
consolidated monthly wages - including overtime and annual
paid leave - to approximately USD975, USD998 and USD1028
respectively. It was also agreed that the minimum wage
figure in no way prejudices collective bargaining or the
adoption of higher levels in other wage-setting mechanisms
such as those conducted under the auspices of the IBF
or at national level.
Nautilus general secretary Mark Dickinson, a member of
the ILO Joint Maritime Commission said: “The discussions
were difficult and it is clear that the shipowners had
come to Geneva with expectations that were unrealistic.
Thankfully, the negotiators on both sides showed leadership
and a deal was secured which - whilst clearly falling
short of the seafarers demands - at least provides a significant
uplift after several years of zero increases, and a platform
for further discussions in 2014.”
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Maritime London member Norton Rose has opened an office
in Hamburg with an established and experienced team of
25 lawyers, including eight partners.
According to the firm, the development of a transport
practice will be a key focus for its Hamburg office. Partner
Gordon Hall, who has many years’ experience of complex
shipping and rail finance transactions will be developing
this practice in Hamburg.
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