Could we see suspected pirates tried in the UK?

The House of Commons Foreign Affairs Committee (FAC) says that there is no legal reason preventing the UK from asserting jurisdiction over suspected pirates and trying pirates in UK national courts if no other state is willing to do so.

FAC also observes that while it is appropriate to take a cautious approach to military operations when hostages are involved if the use of violence against hostages continues to increase, this may change the balance of risk in favour of military intervention in the future.

The FAC's 72-page report, which can be viewed at bit.ly/yAG6yd , describes piracy as a “major concern” that threatens the UK economy and security. It says the government should continue to provide at least one vessel to counter piracy at all times.

The shipping industry’s SaveOurSeafarers (SOS) campaign has welcomed the FAC report “Piracy off the coast of Somalia”. SOS says it accepts gathering evidence against pirates is challenging and notes FAC’s comment that not all claims made by the government about the difficulty in securing evidence were wholly convincing.

In a statement SOS says it agrees with FAC that, when pirates are observed in boats with guns, ladders and even hostages, “it beggars belief that they cannot be prosecuted”.

SOS joins with the FAC in urging the government to engage with regional states to agree consistent and workable rules on standards of evidence required for a piracy prosecution. However SOS says it is joining with the FAC in urging the government to exercise its universal jurisdiction and try pirates in our national courts if no other country will take the suspects.

The UK Chamber of Shipping welcomed the “well-researched and level-headed report” and urges the UK and other governments to keep up the provision of military resource and intelligence on counter piracy, despite current economic pressures.

Seafarers' union Nautilus International has also welcomed the FAC's call for clear and unambiguous guidelines for shipmasters on the use of armed force against pirates. The FAC also urges the government to “assess the risk that private armed security guards, and possibly the masters of ships on which they operate, might face extradition to another state following an incident involving weapons, particularly where that state may not be able to assure a fair trial”.

Nautilus general secretary Mark Dickinson said that the FAC had “accepted our concerns about the possibility of blocking ransom payments to pirates, and we hope that ministers accept the recommendation not to make it more difficult for companies to secure the safe release of their crew by criminalising the payment of ransoms”.

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The Christmas Day loss of the 2005-built supramax bulk carrier Vinalines Queen and her 22 crew has prompted dry bulk shipowners association Intercargo to reiterate its call for more effective enforcement of regulations and testing of cargoes that may liquefy.

The ship, which was reportedly carrying a cargo of nickel ore from Morowali, Indonesia to China, was reported missing on 25 December, considered lost. One sole crew member, Dau Ngoc Hung, was rescued five days later by a passing ship.

Vietnam News quotes the crew member as saying: “I went down with the vessel when it became distressed. However, when the pull of the ship faded, I rose to the surface. I was lucky to catch a lifebuoy."

"However, a day later, the lifebuoy was overturned by heavy waves. I tried to find a lifeboat from Vinalines Queen and was successful. It had enough food, water and medicine for me until I was found by the British ship," he said.

"The whole incident happened so fast we only heard the captain ask crewmen to put on lifejackets when the vessel started to list to one side," he added.

"The waves were so strong. I was on the ship's foredeck at the time and the lifeboats had not been lowered. "I was thrown off the ship as it started to sink. I got into a state of panic as everything on board was swept down, including myself. I could not see a thing," Hung said.

Back in December 2010 following the loss of three bulk carriers and 44 crew in short succession, all owing to cargo liquefaction, Intercargo reminded the industry of the dangers associated with the carriage of hazardous cargoes. But it now says that the loss of the Vinalines Queen demonstrates that the message still isn’t getting through.

Speaking of the loss, Intercargo secretary general Rob Lomas said: “We’ve previously called on shippers and cargo interests to conduct an urgent review into the testing and safety processes involved in shipping of hazardous cargoes, following the spate of accidents and fatalities in 2010, but clearly more needs to be urgently done to stop this appalling unnecessary loss of life.”

He added: “Sadly, it seems that some shipowners still do not have the relevant experience or knowledge in interpreting the IMSBC Code and are accepting cargoes which are unsafe. But we need to receive the reassurances of the Competent Authorities in the exporting countries that their procedures and processes have integrity and transparency so that this message is received and most importantly, trusted by the shipowners. Competent Authorities are key to ensuring that seafarer’s lives are not put in danger”.

Intercargo says it is continuing to work through IMO to protect the safety of seafarers and their ships. At the 16th Session of IMO’s Sub-Committee on Dangerous Goods, Solid Cargoes and Containers (DSC) in September 2011, Intercargo worked with P&I, IUMI and other Round Table industry associations to help strengthen and clarify the requirements of the IMSBC Code, and in particular the need for accurate information relating to the carriage of cargoes that may liquefy, such as nickel ore.

In addition, Intercargo will participate in the IMSBC Code Editorial and Technical Group in March 2012 where a prepared schedule for nickel ore is to be further reviewed and considered, before inclusion in the IMSBC Code at the forthcoming DSC 17 in September.

Meanwhile maritime training provider Videotel has launched a new training programme, Dangerous and Difficult Bulk Cargoes – Minerals and Man-Made Derivatives, on how to deal with potentially dangerous mineral based cargoes as specified in the IMSBC code. In particular, the programme looks at how ship’s personnel can greatly reduce the chances of loading an unsafe cargo by verifying shipper’s documentation and figures given for temperature and/or moisture content.

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Shipowner organisation BIMCO has emphasised the need for regulation to be maintained on a global basis, and calls for practical and pragmatic moves on environmental rules. In its annual survey of prospects for the industry the shipping industry body notes the need for fair treatment of seafarers and calls for a new a strategic political approach by governments on piracy.

According to BIMCO there are serious challenges facing shipping in the coming year but its paper, Reflections 2012, which can be viewed at bit.ly/wNg8dp, notes that the good news is that “the world is still turning and trade is growing”.

In his introduction BIMCO president Yudhishthir Khatau suggests that even in difficult times “there will continue to be new opportunities and many will be tempted and some rewarded for exploring them”. He forecasts consolidation in the industry, pointing out the realities of operating in a business dominated by cashflow. Mr Khatau suggests that “shipping will prevail and find calmer waters, as has always been the case”.

BIMCO's Reflections 2012 begins with a call for “daring and decisive political leadership”, especially as it confronts the challenges within the EU and US, with their considerable influence on maritime trade. It points also to the need to stimulate domestic demand in Asian nations, despite their own regional difficulties. It forecasts a 4% GDP growth worldwide – similar to that of 2011- but warns about the significant oversupply in shipping tonnage in all three main sectors, with no short term comfort discernible, recommending the traditional remedies of idling and recycling to control this tonnage glut.

While there might be prospects for growth in the product tanker sector, and general help from slow steaming, BIMCO says that the container sector can look forward to a markedly challenging year with another 50% increase in the number of very large containerships entering service. Nevertheless, owners are urged to learn from past lessons of “expecting the unexpected” with India, perhaps starting to fulfil its import potential during the coming year.

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The International Chamber of Shipping is advising shipping companies to ensure they comply with the Manila amendments to STCW, particularly in relation to seafarers' rest hours and the more stringent requirements for preventing drug and alcohol abuse that came into effect worldwide on 1 January.

ICS is reminding shipowners that the new STCW minimum rest hour requirements are likely to be vigorously enforced by Port State Control Officers who will have the authority to check that ships maintain accurate records for individual seafarers which demonstrate they have been provided with the required minimum rest. For example, seafarers must now always have at least 10 hours rest in any 24 hour period.

To help further reduce the possibility of fatigue, much of the flexibility that previously applied under STCW has now been removed. The new STCW rest hour requirements were developed to ensure that they were compatible with those stipulated in the ILO Maritime Labour Convention (MLC) which is expected to enter into force in 2013.

Peter Hinchliffe, ICS secretary general, explained: "It is particularly important that companies comply with the new IMO rest hour requirements and record and monitor seafarers' rest periods. Apart from the importance of preventing fatigue, Port State Control can be expected to begin checking the authenticity and accuracy of any records by comparing them with other vessel documentation. Seafarers must also confirm that their hours are accurately recorded."

ICS advises that, because the STCW Convention already has widespread ratification, the 2010 amendments will be enforced on a global basis earlier than the ILO MLC standards. In practice, from January 2012 it is therefore expected that STCW 2010 will become the principal regime for rest hours that will be checked by Port State Control. For the first time under STCW, mandatory limits for alcohol consumption are also being introduced (a limit of not greater than 0.05% blood alcohol level (BAC) or 0.25 mg/l alcohol in the breath), although individual flag states may choose to apply stricter limits.

Other new STCW requirements governing competence standards and certification will be phased in from January 2012.

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UK-based Hamworthy Krystallon has won the first commercial contract for a full vessel sulphur emissions scrubber system, allowing the vessel to operate whilst burning only heavy fuel oil. Norwegian shipowner Solvang has ordered the system for its panamax LPG carrier on order from Hyundai Heavy Industries, South Korea. Hamworthy Krystallon will fit two scrubbers; one for the main engine and one combined scrubber for three auxiliary engines. The 84,000 cu m vessel is due for delivery in the third quarter of next year.

A Hamworthy statement says: “The newbuild vessel has been designed to take into account all aspects of energy efficiency and environmental performance, using Solvang's and HHI’s extensive experience.”

The scrubbers and washwater treatment will be situated in the funnel, in a modular design. According to Hamworthy the concept can readily be applied to similar vessels such as tankers, demonstrating that seawater scrubbers can help shipowners comply with upcoming regulations, irrespective of vessel type and size. The manufacturer adds: “The drive for energy efficiency will also see the vessel fitted with a next generation Hamworthy Cargo Handling system, which will ensure lower energy consumption and improved operational flexibility. Initiatives specific to the exhaust gas cleaning systems, will include varying the washwater amounts depending on the load and sulphur content of the fuel oil, as well as installing an additional particulate matter (PM) capture system, which reduces PM emissions by in excess of 90%.”

Hamworthy makes the point that the new contract precedes what from this month is effectively a three-year deadline for the fitting of scrubber technology before the 2015 deadline for meeting 0.1% sulphur levels in Emission Control Areas (ECAs) Europe and North America comes into place. The increased need for speedy decision making as ship owners and operators face the pressures of meeting 2015 comes as shipowners face-up to the significant costs of using distillate fuel, the technical challenges of switching from heavy fuel oil to low sulphur products, as well as the considerable developments that need to be conducted with LNG, scrubbing technology remains the only proven and viable solution.

Commenting on the contract, Sigurd Jenssen, managing director, Hamworthy Krystallon, commented: “We are delighted to be working with Solvang ASA and Hyundai Heavy Industries to deliver the world’s first complete scrubber system, and the first ever scrubber to be fitted on a LPG carrier. There is real concern over the 2015 ECA regulations, and we are starting to see more owners and operators actively consider what solution they will employ to remain compliant, but time is running out. Ship owners and operators are increasingly aware of the impending supply chain issue facing the market, but many fail to consider that once a scrubber system is installed, it is important to develop operational experience prior to using on a daily basis.”

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Exploding reefers have led to deaths

The Container Owners Association (COA) and the TT Club brought together practitioners and experts in London just before Christmas to debate ways to resolve the exploding reefer machinery issue following the introduction of counterfeit gas into the supply chain.

The TT Club reports progress towards a standardised test for gas bottles to prevent recurrence in potentially contaminated reefer containers. It says there is a willingness to continue collaborating on these issues to restore safety and confidence through the transport industry. Contaminated refrigerant caused explosions and fires in refrigeration machinery of some containers during 2011. While only a very small number of incidents have occurred, thousands of reefers have been quarantined pending confirmation that they are unaffected by contaminated refrigerant.

A forum took place in London on 19 December 2011, under the neutral auspices of the Container Owners Association (COA) to review the findings to-date and to consider solutions. The gathering, comprised representatives from a number of the world’s leading container carriers, container leasing companies, reefer service depots and reefer machinery manufacturers.

In addition, a leading refrigerant manufacturer, being amongst those whose products have been counterfeited, was represented, together with forensic, refrigeration and machinery experts.

The event was hosted by the TT Club, which insures approaching 80% of the global maritime container fleet. The club says that it is clear that counterfeit gases have entered the disposable gas bottle supply chain. These gases have been created to mimic the thermodynamic properties of R134a (the most usual refrigerant in the container industry), using chlorine based gas. The introduction of contaminates has been found to be as much as 50% of the volume. This cocktail reacts with the aluminium parts of the reefer machinery, as well as lubricants, to create the dangers encountered. Participants at the forum were keen to continue to work on the issues identified and achieve convergence of practices to strengthen the safety regime.

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Tim Kelleher and Stephen Swabey

Stephen Swabey will be retiring from Maritime London member law firm Thomas Cooper at the end of April this year after 35 years as a partner and nine years as senior partner. He is to be succeeded as senior partner by Tim Kelleher.

Commenting on Stephen Swabey’s retirement, Tim Kelleher said:

“Stephen has presided over a period of considerable growth in the firm during his tenure as senior partner. During this period the firm has grown into one of the major shipping, finance and international trade firms in the world, with four exceptional overseas offices. Stephen’s contribution to this development has been immeasurable. The firm can be rightly proud of the position it now holds in the market and I am grateful to my fellow partners for entrusting in me the stewardship of the oldest shipping law firm in London for the next four years. I am very much looking forward to maintaining Thomas Cooper’s progress and the challenges the future holds.”

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Seafarers UK, in association with Sea Vision, will be holding a briefing highlighting the organisations’ plans in 2012. Seafarers UK is the new name for King George’s Fund for Sailors, and awards grants to a range of maritime charities. Sea Vision UK is a national campaign to raise awareness and understanding of the sea, maritime activities and the maritime sector amongst young people, specifically those aged between 13 and 22 years old.

The briefing will take place at 1700 on 18 January at the British Bankers’ Association, Pinners Hall, 105-108 Old Broad Street, London, EC2N 1EX.

Please contact Jos Standerwick at jos.standerwick@seafarers-uk.org to register your interest.

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