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12 September 2011
A free fortnightly publication produced by Maritime London |

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The Round Table of international shipping associations
has called for the establishment of a United
Nations force of armed military guards to tackle the piracy
crisis in the Indian Ocean, which it says is “spiralling
out of control”.
The move comes as more shipping companies routinely take
on private sector armed guards for ships transiting the
danger areas in the Gulf of Aden. While there are now industry
guidelines on the use of private guards there is still widespread
unease about carrying them on merchant ships.
In a hard hitting letter to UN Secretary-General Ban Ki-Moon,
the International Chamber of Shipping (ICS), BIMCO, INTERTANKO
and INTERCARGO demand a "bold new strategy" to curb rising
levels of piracy which have resulted in the Indian Ocean
resembling "the Wild West". The letter states: "It is now
abundantly clear to shipping companies that the current
situation, whereby control of the Indian Ocean has been
ceded to pirates, requires a bold new strategy. To be candid,
the current approach is not working."
Regretting the increasing necessity for shipping companies
to employ private armed guards to protect crew and ships,
the letter continues: "It seems inevitable that lawlessness
ashore in Somalia will continue to breed lawlessness at
sea."
The shipping industry organisations - which represent more
than 90% of the world merchant fleet - say they fully support
the UN's long-term measures on shore aimed at helping the
Somali people but are concerned that these "may take years,
if not decades, to have a meaningful impact on piracy."
Asking the UN to bring the concept of a UN force of armed
military guards to the attention of its Security Council,
the letter says: "The shipping industry believes that the
situation can only be reversed with a bold approach that
targets the problem in manageable pieces. We believe that
an important element in this approach would be the establishment
of a UN Force of Armed Military Guards that can be deployed
in small numbers onboard merchant ships. This would be an
innovative force in terms of UN peacekeeping activity but
it would do much to stabilise the situation, to restrict
the growth of unregulated, privately contracted armed security
personnel and to allow those UN Member States lacking maritime
forces - including those in the region most immediately
affected - to make a meaningful contribution in the area
of counter-piracy."
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International charities Oxfam and WWF are
lobbying EU ministers to back a proposal deal to apply a
“carbon price” to international shipping at the UN climate
change conference in Durban, South Africa, later this year.
The European Commission and EU politicians have so far favoured
an emissions trading system but the carbon price proposal
is much closer to the levy preferred by much of the global
shipping industry.
A new
joint report claims that applying a carbon price of
USD25 per tonne to bunkers would help cut emissions while
generating USD25bn per year by 2020. According to the NGOs
the cash generated would be used both to compensate developing
countries for marginally higher import costs that could
result from the carbon price, and to provide more than USD10bn
per year to the Green Climate Fund (GCF). The GCF was established
at last year’s UN climate conference in Cancun, Mexico,
to channel funds for tackling climate change to developing
countries but is currently empty. The two organisations
say that the EU could “broker a deal to tackle the huge
and growing greenhouse gas emissions from ships and raise
billions of dollars to help developing countries tackle
climate change, without unfairly hitting their economies”.
The report, “Out of the Bunker – Time for
a fair deal on shipping emissions”, says the carbon price
would only increase the costs of global trade by 0.2% -
equivalent to just USD2 for every USD1,000 traded. South
Africa whose import costs are projected to increase by 0.14
per cent as a result, would receive compensation of approximately
USD200m per year, while Bangladesh whose import costs are
projected to increase by 0.19% would receive USD40m per
year, in addition to any revenues received from the Green
Climate Fund. Oxfam and WWF argue that this money should
be spent building the resilience of the poorest and most
vulnerable people in each country.
An International Chamber of Shipping (ICS)
spokesperson said: “ Our approach is not too dissimilar
to that advocated by Oxfam and WWF. If governments decide
to develop a Market Based Measure (MBM) for shipping, which
is already currently part of the IMO work programme, then
the industry will co-operate and play its part. If an MBM
is developed by IMO, the clear preference of the majority
of the global industry - as agreed amongst the member national
shipowner associations of ICS - is for an environmental
compensation fund linked to fuel consumption, rather than
an emissions trading scheme, since this is the option that
most ship operators could probably live with.”
The spokesperson stressed: “We believe such
an MBM must be developed at IMO so that it applies to all
ships, not just those of developed countries. While the
industry is willing to play its part, and must accept the
political realities that emerge, it is wrong for environmental
groups or governments to view the shipping industry as a
‘cash cow’, that can somehow substitute for the efforts
that must be made by other industries. Any money collected
from shipping must be proportionate to shipping’s carbon
emissions. We seriously doubt that raising money from shipping
will somehow further incentivise emissions reduction, since
the existing high price of bunkers – which is expected to
increase dramatically due to the new requirements for low
sulphur fuel –already provides ship operators with every
incentive they need.”
The Oxfam/WWF report is dismissive of the
technical measures recently agreed at IMO. It says: “Some
of these technical measures [which Oxfam and WWD believe
to be achievable]may be leveraged through the efficiency
standards for new ships recently adopted in the IMO. But
important though this step is, it applies only to new ships,
and will reduce emissions by barely1% compared with business-as-usual
in 2020.”
ICS says that the Oxfam/WWF report underestimates
the significance of the new Ship Energy Efficiency Management
Plans that must be implemented by all ships from 2013, and
the fact that the industry is confident that it can deliver
emission reductions, per tonne of cargo carried one km,
by at least 20% by 2020.
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Shipowners must be alert to any attempt by shippers and
other cargo interests to claim exemptions from the International
Maritime Solid Bulk Cargoes (IMSBC) Code when carrying of
DRI (Direct Reduced Iron) cargoes, the London P&I Club has
warned.
The club has advised its members that any suggestion that
an exemption from the requirements of the IMSBC Code will
be invoked should be reported to it immediately. The club
notes that long-standing concerns about the carriage of
DRI - involving the possibility of a chemical reaction between
the cargo and water, leading to the risk of fire and explosion
- prompted the introduction of specific provisions for the
carriage of DRI in the IMSBC Code. Under these provisions,
DRI cargoes should have a maximum moisture content of 0.3
per cent and be carried under an inert gas blanket, and
ships carrying DRI should be capable of maintaining oxygen
levels of below 5 per cent throughout the voyage.
Attempts to allow certain grades of DRI – principally those
shipped from Venezuela and Trinidad – to be carried with
significantly higher moisture contents and/or without the
need to deploy inert gas, have been rejected by IMO.
The London Club says that, despite this, it is aware that
attempts have been made by a Trinidadian company to ship
HBI Fines (now known as DRI C) without complying with the
mandatory requirements of the IMSBC Code. The Trinidadian
shipper apparently relied on a provision in Section 1.5
of the code, which contemplates the possibility of alternative
carriage arrangements by stipulating, “Where this code requires
that a particular provision for the transport of solid bulk
cargoes shall be complied with, a competent authority or
competent authorities (port state of departure, port state
of arrival or flag state) may authorise any other provision
by exemption if satisfied that such provision is at least
as effective and safe as that required by this code.”
The Trinidadian shipper offered an exemption certificate
from the competent authority in Trinidad for the carriage
of DRI C with a moisture content above 0.3 per cent and
suggested that the cargo could be carried safely if the
holds were mechanically ventilated to prevent the build-up
of hydrogen. But Ian Barr, a claims director with the club's
manager A Bilbrough & Co, says the club doubts whether mechanical
ventilation can ever be regarded as being ‘at least as effective
and safe’ as the use of an inert gas blanket.
Writing in the latest issue of the club’s StopLoss Bulletin,
Mr Barr says, “As most bulk carriers likely to carry DRI
will have only ‘natural’ ventilation, hold fans would have
to be fitted at the load port. The club has seen documents
suggesting that, on at least one occasion, the fans proposed
were not certified ‘explosion-proof’, meaning that they
had not been specifically designed for use in flammable
atmospheres and could be a possible source of ignition.
Also, the fans appeared to be too small and were badly sited,
limiting their ability to prevent the accumulation inside
the hatch coaming of any hydrogen given off by the cargo.”
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Shell and engine designer and manufacturer Wärtsilä have
signed a Joint an agreement aimed at promoting and accelerating
the use of liquefied natural gas (LNG) as a marine fuel.
The agreement was signed in August and “will run for several
years”.
A statement says: “Supplies of low cost, low emissions
LNG fuel will be made available to Wärtsilä natural gas
powered vessel operators, and other customers by Shell.
The Joint Cooperation Agreement will focus first on supplies
from the US Gulf Coast, and then later expand their efforts
to cover a broader geographical range.”
Wärtsilä has long been involved in the development of dual-fuel
engine technology, allowing the same engine to be operated
on both gas and diesel fuel. It says that, when running
in gas mode, the environmental impact is minimized since
nitrogen oxides (NOx) are reduced by some 85% compared to
diesel operation, sulphur oxide (SOx) emissions are completely
eliminated as gas contains no sulphur, and emissions of
CO2 are also lowered. Natural gas has no residuals, and
thus the production of particulates is practically non-existent.
"It's an exciting time for the industry to have Shell,
a major player, committed to increasing the availability
of clean natural gas as a marine fuel. The marine community
is becoming increasingly aware of the benefits provided
by Wärtsilä natural gas engines as a means of reducing both
costs and the environmental footprint. Natural gas engines
represent a rare win-win, capturing emissions reduction
and operational savings," says Christoph Vitzthum, group
vice president, Wärtsilä Services.
"Clean, safe natural gas represents a true shipping paradigm
shift; years ago it was sail to steam, then came the move
from steam to diesel, and now it's a new era for gas propulsion,"
says Jaakko Eskola, group vice president, Wärtsilä Ship
Power.
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Will scrapping levels help to offset
newbuilds?
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London-based Braemar Seascope says its demolition brokers
are working extra hard this year and this “may be good news
for everyone”. The shipbroker reports that dry cargo demand
growth is running at strong levels due to the twin processes
of industrialisation and urbanisation in emerging markets.
Annual average demand growth between 2011 and 2015 is likely
to match and may even exceed the annual 5.2% growth witnessed
between 2004 and 2008 – the years of the superboom in dry
cargo vessel earnings.
However, cautions Braemar, the massive amount of vessel
ordering during and after the boom has led to the currently
depressed freight market for dry bulk carriers. Bulker fleet
gross growth (i.e. counting new deliveries but not scrapping)
is likely to be in the order of 12% a year until 2013 as
we add more than 3,000 newbuildings to the circa 8,100 ships
that existed at the end of 2010.
“But,” says Braemar, “scrapping can make a difference in
these markets. In order to bring net fleet growth (i.e.
deliveries minus deletions) into line with demand growth
expectations, every bulk carrier built before 1985 - nearly
1,500 ships – would have to be scrapped by the end of 2013.
This would bring fleet growth down to an average 6.3% a
year. In other words, to return supply and demand growth
to balance, the industry must scrap 12 bulk carriers every
week for the next two years and four months without ordering
any further bulkers for delivery before 2014.”
Braemar says: “The good news is that demolition at these
levels is less outlandish than it may seem. According to
the Braemar Seascope Demometer, 409 bulk carriers totalling
almost 20 million dwt were sold for demolition in 2011 up
to the end of August, at a rate of over 11 a week. This
amount of scrapping far exceeds previous records of 11.8m
dwt in 1999 and 11.2m dwt in 2009. If scrapping continues
at this rate for the balance of 2011, some 29m or 30m dwt
will be removed from the bulk carrier fleet, offsetting
the 85m dwt Braemar Seascope expects to be delivered in
2011.”
Braemar Seascope research manager Mark Williams, says:
“There’s a good chance that bulk carrier fleet growth can
be kept down to 9% this year if these levels of scrapping
keep up. We just have to hope that the global economy pulls
out of the doldrums and that demand keeps up with expectations.”
Meanwhile Braemar has also revealed that containership
orders are increasing at a “dramatic rate”. Its figures
show that since the beginning of this year 52 containerships
of 10,000TEU or larger have been ordered – compared to just
10 vessels from this size band for the whole of 2010 and
zero of this size in 2009. This year’s containership orders
add 765,000TEU to the post-panamax boxship orderbook. As
of 30 August 2011, the total number of vessels of this size
on order reached 158 ships, totalling 2.13mTEU which represents
48% of the fully cellular orderbook.
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The European Council of Ministers has tightened its sanctions
to restrict trade with Syria. In its latest Sanctions Update,
the Standard Club warns the measures are set to have a considerable
impact on EU member states and shipowners seeking to import
Syrian oil or petroleum products. Performance of contractual
obligations concluded before 2 September will be permitted
but only up to and including 15 November.
EU Regulation 442/2011 froze the assets of persons identified
by the EC as being responsible for violent repression against
the civilian population. The sanctions will also now apply
to persons and entities benefiting from or supporting the
regime, or persons and entities associated with them.
The club warns that regulation 878/2011 also now prohibits
the purchase, import or transportation of Syrian crude oil
and petroleum products including gaseous hydrocarbons. This
prohibition includes P&I, hull and cargo insurance and applies
to all Syrian petroleum products whether or not in bulk.
The move has led the Baltic Exchange to suspend its TD11
assessement (Banias-Lavera), replacing it with TD 19 a Turkey/France
assessment.
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London-based law firm Ince & Co reports that the Hong Kong
Court handed down two significant judgements on Friday,
26 August. Ince says that Mr Justice Anselmo Reyes, the
Hong Kong Judge in charge of Admiralty cases, set aside
the arrest of the vessel Hong Ming in Hong Kong by the intended
purchasers for a dispute under an MOA, and ordered an inquiry
into damages on grounds that the arrest was wrongful.
Ince says that, firstly, the ruling establishes that a
dispute under an MOA does not usually give the intended
purchaser a right to arrest the vessel under Hong Kong law.
Secondly it is a rare example of an arrest being deemed
wrongful entitling the shipowner to damages under Hong Kong
law. Then that same day Justice Reyes handed down his judgement
on liability for the collision between the vessels Pontodamon
and He Da 98 following a three day hearing the week before.
According to Ince & Co, the Pontodamon/He Da 98 judgement
is also significant as it was handed down after what is
believed to have been the first full collision liability
trial in Hong Kong and is a rare example of one vessel being
found solely (100%) to blame for a collision between two
vessels which were both underway and making way, and on
crossing courses at the time of impact. Ince & Co’s Hong
Kong office acted for the successful parties in both cases.
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Seafarers’ charity the Marine Society has launched a new
web-based maths development programme designed to address
the needs of ratings who seek career advancement. Mathsatsea.com
has been designed by specialists in nautical education and
uses examples and language to which seafarers can relate.
The Marine Society says that it recognises that many ratings
have not been in a formal learning environment for some
time and that the prospect of returning to a classroom can
be daunting. It cites evidence shows that lack of self-confidence,
particularly as far as tackling maths is concerned, can
be a formidable barrier to career progression.
Marine Society director Brian Thomas said: “There is a
clearly identified need for this programme that will do
much to help individuals, colleges, and sponsoring companies.
Feedback from those who have road-tested the programme is
overwhelmingly positive. Whilst this project is intended
to be primarily for ratings returning to formal learning
after years away, it might be that we go forward and develop
a complementary programme that supports MN Officer Trainees
as a pre-joining course to nautical college.”
The charity worked closely with South Tyneside Marine College
to identify common areas of weakness and specialist maritime
eLearning provider CoracleOnline.com to create the content
and manage online registration and assessment.
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