EU Commission Recommendation to EU Member States with regard to the initial enforcement of the use of 0.1% sulphur content fuel in port provision of the EU Sulphur Directive (Article 4b of Directive 2005/33/EC)

On 21st December, the EU Commission adopted a Recommendation on the safe implementation of the use of low sulphur fuel by ships at berth, which invites EU Member States, while enforcing the clause in the Sulphur Directive for use of 0.1% sulphur content fuel by ships at berth, to consider the existence of detailed evidence of the steps taken by ships to ensure safe compliance with Article 4b of Directive 1999/32/EC as amended by Directive 2005/33/EC with effect from 1 January 2010. Member States may consider the existence of an approved retrofit plan when assessing the degree of penalties to be applied to non-complying ships.

Issue Summary

There are two main aspects to the GHG issue: technical and economic measures. Technical measures include a design index, operational indicator and ship energy efficiency management plan. Economic measures being considered include the development of a compensation fund and a maritime emissions trading scheme.

Issue Summary

There are several aspects to the air emissions issue: the recently adopted revisions to MARPOL Annex VI controlling the emission of SOx and NOx; and the reduction of green house gases from ships which itself can be split into two distinct policy areas - technical and economic measures.

Intercargo Policy

Intercargo is supportive of practical measures to reduce air emissions and works with policy makers and the wider industry to introduce cost effective measures that will effectively reduce emissions, maintain the levels of safety and not distort trade. Intercargo supports the development of such measures at the IMO and believes any measure should be equally applicable to all ships.

Summary of Recent Developments (see below for full briefings)

Annex VI

The revised Annex VI was adopted at MEPC 58 in October 2008. The latest meeting, MEPC 59 in July 2009, developed further supporting information and guidelines with regard to: survey and certification, fuel oil sampling, exhaust gas cleaning systems and port state control.

In addition a proposal for a 200 nm Emission Control Area for the coastal waters of the United States and Canada was approved with a view to adoption at MEPC 60. If full approval goes ahead as expected the North American ECA is anticipated to enter into force in August 2012.

GHG Technical Measures

The IMO has been developing several technical measures over the last few sessions and MEPC 59  developed these further and agreed to issue the following: Interim guidelines on the method of calculation of the Energy Efficiency Design Index (EEDI) for new ships; Interim guidelines on the voluntary verification of the Energy Efficiency Design Index (EEDI); Guidance in the development of a Ship Energy Efficiency Management Plan (SEEMP, formally SEMP); Guidelines on the voluntary use of the Energy Efficiency Operational Index (EEOI). 

GHG Market Based Measures

MEPC 60 had an in depth discussion on market based measures considering the concepts proposed: the Danish proposal for a ‘compensation fund’ raised from a fuel levy; various types of emission trading schemes; and a new proposal from the US on the establishment of mandatory efficiency standards for new and existing ships utilising the Energy Efficiency Design Index (EEDI).

The issue will be considered further at MEPC 60 (March 2010) taking into account the outcome of COP 15 (the UNFCCC talks being held in Copenhagen in Dec 2009).  MEPC 60 will consider further the methodology and criteria for feasibility studies and impact assessments in relation to international shipping. Taking into account such studies it is anticipated that market based measures could be developed further at subsequent sessions of the Committee.

Issue Summary

Since its entry into force Annex VI has been under review and following extensive debate a revised Annex VI was adopted in October 2008, with entry into force in July 2010. The ongoing work focuses on the development of guidelines to aid implementation of the revised Annex.

Towards the end of last year a group of shipping industry organisations, including Intercargo, commissioned an independent study into historical trends in ship efficiency. The study was conducted by Lloyd's Register, co-sponsored by the Chamber of Shipping (UK), OCIMF, WSC, ICS, Intertanko, Intercargo, CLIA and BIMCO, and kindly coordinated by the Chamber of Shipping. A copy can be downloaded using the link below.

Intercargo Committee Views

The Intercargo meeting in Hong Kong in March made substantial progress in agreeing a strategy on how the Dry Bulk sector should formulate an approach on reducing Green House Gas emissions from shipping.

Introduction

Intercargo remains predominantly committed to the safe carriage of all cargoes - especially those listed in the IMO IMSBC Code (formally BC Code).

Safe carriage of any cargo remains a collective responsibility of at least the following stakeholders - the Master, The Terminal Operator, Charterer, Cargo interests, the Shipowner, P&I interests, cargo surveyors and the appropriate National or other  Competent Authorities.  Naturally, in all matters relating to safety, the Master retains the ultimate responsibility for the safety of the ship and the seafarers.

There are a number of commodities which have caused their own special challenges within recent times, and these are discussed in more detail below.  Some of these, such as Iron Ore Fines have created particular problems with Masters and owners of late and it is essential that every effort is made to bring all parties together to ensure that the conditions of shipment are in exact compliance with SOLAS and the IMSBC Code.  When Intercargo has been informed by its members that there are practices which are deemed unsafe by the Master, or where there have been extraordinary attempts made by cargo interests to attempt shipment of cargoes which are marginally unsafe, Intercargo will work with its members, its P&I Club Associate Members, our Round Table partners and the IMO to ensure that such practices are discontinued in the interests of safety.  Please note that Intercargo, with the support of Round Table partners has already taken action in respect of Direct Reduced Iron (DRI) at the September 2008 meeting of the IMO Dangerous Goods and Solid Bulk Cargoes Sub Committee, with further work under consideration to take up outstanding issues at subsequent IMO meetings.

Issue Summary

The IMO “Code of Safe Practice for Solid Bulk Cargoes” (BC Code) has been under review at the IMO through its sub-committee on Dangerous Goods, Solid Cargoes and Containers (DSC). This has included a review of the schedules for Direct Reduced Iron (DRI) a potentially dangerous cargo which has caused very serious casualties such as the Ythan and Adamandas.

Intercargo Policy

Considering the various incidents connected with DRI, including the consequent scuttling of the “Adamandas”, the loss of life on the “Ythan” and a more recent incident in the Suez Canal, together with a number of other undocumented cases, Intercargo considers that the chemical composition of certain types of DRI makes carriage unsafe in all but the most carefully planned operations. Reaction with moisture and alleged incorrect pre-loading inconsistencies makes the carriage of certain types of DRI a risky enterprise.

Intercargo will work with IMO to ensure that the safety of seafarers and ships is accorded the highest possible priority.

Summary of Recent Developments

Intercargo called for a review of the carriage of this commodity and has submitted papers to IMO’s DSC 12 with the support and assistance of the Marshall Islands and Malta and in line with the views of Intercargo’s CASTEC (Technical) Committee. More recently a further paper was submitted to DSC 13 co-sponsored by the International Group of P and I clubs (DSC 13/4/5).

At the IMO Sub-Committee on Dangerous Goods, Solid Cargoes and Containers 13th session between 22 and 26 September,  we successfully influenced the debate and the agreed amendments are consistent with our 'safety first' position. The amended IMSBC Code (the re-named BC Code) was subsequently submitted to MSC 85 where it was adopted (including the revised DRI schedules). A summary of the amended schedules is given below.

At the most recent DSC meeting (DSC 14, Sept 2009) further attempts where made to allow the shipment of DRI (C) Fines with a higher moisture content than that stipulated in the IMSBC Code schedule. However, this was not successful. We have have reports of some parties claiming that DRI Fines with a high moisture content (~12%) is a different cargo to that in the DRI(C) schedule (where a moisture content of less than 0.3% is required for shipment). Intercargo believes it is clear that moisture content is not part of the cargo description, but is in fact a carriage requirement and if DRI(C) (which includes DRI Fines) is to be carried under conditions other than those expressed in the IMSBC Code schedule (following entry into force) then it must be done under a tripartite agreement (section 1.5).

Coal and Brown Coal Briquettes and the definition of "hot areas"

Iron Ore Fines

Issue Summary

The primary Intercargo issue concerns the Annual Trend of Bulk Carrier Casualties, which are reported on an annual basis to IMO.  However, there is also value in providing Members with a summary report of “Negative Performance Indicators” (NPI) to inform Members about Collisions, Groundings and other matters.  In 2009, there have been a significant number of casualties in the month of July, August and September.  These issues are referred to in the "Summary of Recent Developments" section below but will be further discussed and examined in detail at Intercargo's forthcoming meeting in Athens in October 2009.

Intercargo Policy

Intercargo believes that reporting maritime casualties and NPIs should be made more transparent as the benefit of promulgating “lessons learnt” to the wider shipping community outweighs any legal consequences of withholding sensitive information.  The current role of the IMO in reporting such accidents is acknowledged and could perhaps be extended to incorporate a publicly accessible area of the website where Flag States could log reports of serious incidents. Owners could therefore make more informed choices as to potential registers based on whether a particular flag state conducted efficient and timely enquiries into significant casualties.

Summary of Recent Developments

The 2008 Intercargo Bulk Carrier casualty report was received by the IMO Maritime Safety Committee meeting MSC 86 in May 2009.  This noted that four Dry Bulk vessels and 15 lives were lost in 2008 and that yet again, the losses pointed to a disproportionate number of smaller, older dry bulk vessels engaged on the intra-Asian trades.  That the trend for bulk carrier losses measured on an historical basis remains positive.  That the trend for these types of vessels on these types of trades remains significant, remains a cause for some concern.  We trust that no effort will be spared to investigate the causes including whether in some cases, whether the cargo itself contributed to the actual accident.

Bulk Carrier Casualty Report

(1 January- 9 October 2009)

Key Findings

• To date five bulk carriers (>10,000 dwt) have been lost, a greater number than for the whole of 2009, but this must be set against the ever expanding dry bulk fleet. A total of 39 lives have been lost (38 in two incidents), which compares unfavorably to the total of 15 lives lost in the 2008 casualties.  The average age of bulk carriers lost to date, in 2009, is 30.25 years, a slight increase from the 2008 age average, 29.1 years. It must be noted that there were a number of other incidents that could be included in this report, most notably the Full City and the Asian Forest.  The reason that these have not been included is that  Asian Forest is widely considered a general cargo vessel (this report examines casualties categorised as bulk carriers only) and the panamax Full City, although suffering severe damage as a result of grounding, has not been categorised as a casualty as it has since been refloated. A further bulk carrier, the Algoport, has not been included in this report as it was not an internationally trading ship. The ‘Laker’ sank whilst being towed from Canada to Chengxi shipyard to undergo modifications. There was no loss of life on any of these vessels.

Discussion

• The long term trend in both ship losses and associated loss of life continues downwards The ten-year rolling average shows considerable improvements between the 1990-1999 figures and the 1999-present figures: the number of ships lost is now less than half that in the earlier period and the number of lives lost has fallen by two-thirds. Whilst the figures for 2009 show higher than normal figures for lives lost, it is important to note than this is by no means a suggestion that recent improvements are no longer evident, and one must consider the data somewhat anomalous.

• However, the loss of three vessels engaged on either intra-Asian routes or Chinese domestic voyages denotes a possible continuing trend, building on last year’s report. While great improvements have been made in bulk carrier safety, there appears to be a persistent element that is now coming to the fore relating to older, and usually smaller, vessels  operating intra-Asian routes. Two such losses have been reported thus far in 2009, both of which accounted for the 38 lives lost as a result of bulk carrier casualties of 2009.

• INTERCARGO will examine these cases as far as practicable and continue to monitor this worrying aspect of an otherwise relatively encouraging year. However, determining the causes of incidents remains challenging.

• We cannot say with any certainty that any particular casualty was caused as a result of structural issues although there were reports of structural failure causing flooding on the Ioannis N K.  The reason for the loss of the Chang Ying remains unknown; however, the sudden loss of the vessel during typhoon Marakot suggests structural failure as a potential cause. INTERCARGO hopes that the accident investigations will pay particular attention to this aspect of these losses.

• We look forward to seeing subsequent accident investigation reports which INTERCARGO believes should be made available to the public to ensure the largest audience possible can learn from the findings, helping to prevent further casualties and tragic loss of life.

• INTERCARGO notes that the Black Rose and also the Asian Forest were both lost while carrying a cargo of iron ore, both incidents occurred  to vessels which had loaded cargoes in India during the monsoon season  although it would premature to suggest that this was a contributory factor until the nature of the cargoes - fines or otherwise becomes apparent in any subsequent enquiries..  These seasonal conditions combined with unconfirmed reports that  the Asian Forest had been loaded with an allegedly highTransportable Moisture Limit (TML) cargo, suggests that a properly conducted professional laboratory test  is an essential prerequisite before accepting such a cargo.  Advice has been given from sources as diverse as the UK Maritime Authorities and Intercargo Associate Member, the UK P&I Club , which has put out a loss-prevention  circular.

 It told members: "In a number of recent cases, the cargo to be loaded was found to exceed the specified Transportable Moisture Limit (TML). This resulted in the ship sailing and then having to return to port with the ship listing more than 20º." An official from South Korea's P+F Marine, the Asian Forest 's operator, says certification had been issued before the ship set sail, although it is unaware if laboratory tests were conducted to confirm the cargo's moisture content.


Interim list of 2009 Bulk Carrier Casualties (at 9 October 2009)

Please note that this is an interim list of casualties, with final confirmation expected in a)  The Annual Report submitted by Intercargo to IMO  and b)  The Benchmarking Report for 2009-2010, to be published in March 2010.  Eleven vessels are noted on this list although only the following vessels are likely to feature in the final version of the 2009 Casualty Report as they are Bulk Carriers (as opposed tio General Cargo vessels) and there is almost no possibility of the vessels being returned to service. 

Asian Forest - 17.7.09 - Capsized. Iron Ore fines off India.  Probably Gen Cargo, not B/Carrier
Te Hsing * - 22.7.09 - Fire : 16 lives lost
Ioannis NK * - 23.7.09 - Took in water and sank off South Africa - "NI category" in Intercargo list
Full City - 31.7.09 - Grounding - Repairable, so may be removed from final Casualty list
Chang Ying * - 8.8.09 - Typhoon, seawater flooding into hold : 22 lives lost - "domestic" trader
Gulser Ana * - 26.8.09 - Grounded off Madagascar.  Broke in two
Algoport - 6.9.09 - A Great Lakes "Domestic" vessel.  Sank under tow to Chinese yard for lengthening
Seli I * 8.9.09 - Grounded off South Africa
Black Rose * - 9.9.09 - Sank off India having loaded iron ore. 1 life lost
Lady Belinda * - 22.9.09 - drifted, having been anchored in Vietnamese river for some time
Wan Shou Shan * - 11.10.09 - flooded engine room off Philippines

Update of Negative Performance Indicators (NPIs) to 31 December 2009

The following information follows the format and definitions used in the "Benchmarking" report.  It measures the percentages of NPI incidents occuring to Bulk Carriers, of which there are 311 reported to Bulk Carriers over 10,000 dwt in 2009 compared with 277 for 2008.  It does not contain any details for the declared Casulties which are shown separately.

The most significant issue in 2009 concerns the number of incidents relating to engine breakdown - 68 notified incidents in 2009 compared to 44 in 2008.  At this stage, we simply do not understand the reason for this but if analysis of the data shows any causal inferences, we will mention this in the March 2010 edition of the Bulk Carrier Benchmarking Report.  Pro tem, the average age of the Bulk Carriers over 10,000 dwt that had propulsion problems was 16.92 years compared to an overall average age of Bulk Carriers over 10,000 dwt engaged in the international trades of about 14.3 years.

Issue Summary

Intercargo continues to monitor the development common structural rules for bulk carriers and rule amendments on an ongoing basis. Goal Based Standards are being developed by the IMO and are essentially 'rules for rules' that will have an impact upon the current system of technical regulation.

Intercargo Policy

Common Structural Rules (CSR) - Intercargo supports the principle of CSR on the grounds that it helps to remove competition between Classification Societies on the optimisation of scantlings. Intercargo monitors the development and maintenance of the rules with the aim of ensuring the members’ feedback is appropriately incorporated into the development process.

Goal Based Standards (GBS) - The International Goal-based Ship Construction Standards for Bulk Carriers and Oil Tankers describe the goals and establish the functional requirements that the rules for ship design shall meet. The GBS also require that such rules shall be verified as meeting the goals and functional requirements. In this sense the GBS can be considered ‘rules for rules’. Intercargo supports the principle of transparent goals and criteria and is considering issues of verification further as they develop.

Summary of Recent Developments

CSR - At CASTEC 21(Oct 2009) it was decided to be more active in the rule development process.  In addition to raising concerns at the annual meeting between Industry and IACS Council on 9^th December in London, we have also submitted comments on the latest rule change proposal and a substantial paper concerning double bottom structures in relation to minimum height criteria, please see the PDFs below for further detail.

GBS - MSC 86 approved the SOLAS amendments to make GBS mandatory for ships contracted from 1 January 2015, this will now be subject to final adoption at MSC 87 (May 2010).It is anticipated that the verification guidelines will be approved at MSC 87. Intercargo is continuing to work with an industry group considering the content of the Ship Construction File with a view to submitting a proposal to MSC 87.

Issue Summary

The industry is concerned that seafarers are not receiving equitable and fair treatment. Current activity in this regards concerns the EU Ship Source Pollution Directive and action taken again the crew of the Hebei Spirit.

In addition such treatment also leads to a negative image of the shipping industry and is detrimental to efforts encouraging young people to pursue a career at sea .

Intercargo Policy

The EU Ship Source Pollution Directive seeks to criminalise behaviour for accidental pollution.  Naturally, Intercargo does not seek to defend the position of those convicted of deliberate pollution but notes and supports the predominance of international laws, conventions and pollution response / compensation regimes over purely regional responses.

Intercargo believes in the highest possible environmental standards which it believes should be imposed and strictly enforced through international, rather than regional regimes. 

Summary of Recent Developments

With the support of its members, Intercargo joined the Industry coalition led by Intertanko which has argued its position in the European Court of Justice.  The final decision of the ECJ was delivered on 3 June 2008 and in brief, the ECJ ruled that the Directive:

1.      Cannot be assessed by reference to MARPOL as the Community itself (unlike its Member States) is not a party to MARPOL.

2.      Cannot be assessed by reference to UNCLOS as, although the Community is a party to UNCLOS, that Convention does not give individuals rights or freedoms on which they can rely against States.

The Court has held that the use of the term ‘serious negligence’ does not infringe the requirement of certainty in Community legislation.

This departs from the opinion of Advocate General Kokott, who concluded that the validity of the Directive should be tested by reference to MARPOL and UNCLOS, and that it exceeds Community powers unless ‘serious negligence’ is construed to have different meanings inside and outside territorial waters. This leaves the Member State legislators in some difficulty, having to use the same terminology whilst interpreting it differently depending on where the incident takes place.

The judgement means that the Directive is valid and the Commission has taken, and will continue to take, steps to reprimand Member States that have failed to implement the Directive. The judgement leaves open significant questions for Member States on the implementation and interpretation of the Directive. Also, the broader question of the relationship between EU legislation and international maritime regulations negotiated at the IMO is a matter for concern for the industry. Non-EU Member states have expressed concern that an EU Member can negotiate at the IMO and reach an international compromise, but the judgement appears to give the EU the ability to act unilaterally provided the EU Member States act collectively.

The case must be referred back to the English High Court for conclusion, either on a contested, or an agreed basis. In addition, there is the option to refer the matter to the International Tribunal for the Law of the Sea in Hamburg. This tribunal adjudicates disputes concerning the interpretation or application of UNCLOS. Proceedings before the tribunal would need to be brought by a non-EU Member State.

The coalition is seeking to engage with the UK Government to establish how much common ground exists and the proper interpretation of the Directive in the light of the ECJ proceedings but so far there has been no progress.

Hebei Spirit

The Round Table plus other Industry groupings including the ITF, have worked closely together in support of the two seafarers who were initially jailed in Korea when their properly moored tanker was hit by a not-under-control barge.  We believe that this collective industry action, including the signing of a letter by Industry CEOs including some from Intercargo members, may well have been instrumental in the decision to free those men on bail.  However, a Supreme Court ruling is expected in the next few months, following which – it is earnestly hoped, the men are free to leave Korea having been exonerated of their offences.

The Industry Working Group on Ship Recycling (which comprises ICS, BIMCO, INTERCARGO, INTERTANKO, IPTA, OCIMF, IACS and ITF) has published new ‘Guidelines on Transitional Measures for Shipowners Selling Ships for Recycling’.

Issue Summary

Intercargo Policy

Intercargo participates in the development of international environmental legislation taking into account

• Safety
  
• Shipping’s environmental advantages over other modes of transport and
• Technological development

Intercargo supports practical legislation that takes account of safety and the environment and urges prompt ratification and consistent application of international conventions.

Summary of Recent Developments

At MEPC 59 (July 2009)

BWM -The Committee concluded the there are sufficient type-approved ballast water treatment technologies for ships subject to regulation B-3.3 constructed in 2010 (applies to smaller ships with <5000 cubic meters ballast capacity) and no further postponement of implementation dates would be necessary. In addition the Committee instructed the secretariat to draft an MEPC resolution requesting Administrations to encourage the installation of BWM treatment systems in accordance with the application dates in the Convention (notwithstanding its lack of ratification) for consideration at MEPC 60.

New Ballast Control Area – Middle East

During the meeting the representatives of the Kuwait Convention secretary, ROPME, announced their intention to implement ballast water regulations for ships entering the ROPME Sea Area.

The Kuwait Convention established the Regional Organisation for the Protection of the Marine Environment (ROPME), which comprises the states of Bahrain, Iran, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. These states have agreed to implement ballast water legislation, which will enter into force on 1 November 2009.

Ship Recycling - Further to the adoption of the “Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009) the Committee continued its work on supporting guidelines, adopting the Guidelines for the development of the inventory of hazardous materials and advancing others including the draft guidelines for safe and environmentally sound ship recycling.

Issue Summary.

Intercargo Policy.

Summary of Recent Developments.

Intercargo commissioned a study to investigate the effects of ‘minimum ballast’ on manoeuvrability. The BMT SeaTech study provides objective evidence that the feedback from ships’ masters is correct and quantifies the effects of the minimum ballast condition – confirming that in most cases the safety margin is reduced when manoeuvring in a reduced ballast condition compared with the normal ballast condition. The study was subsequently expanded to include additional scenarios illustrating the consequences of a reduced safety margin.

The concerns with regard to hull structure were investigated by ABS. The ABS study indicates that the identified issues, or a combination of these issues, increases the stress range experienced by a ship and may lead to a over stressing of the hull.

Intercargo made a submission to the 84th session of the IMO Maritime and Safety Committee (MSC 84/INF. 8), in May 2008, informing the committee of these concerns. MSC referred the paper to the 13th session of the sub-committee on Dangerous Goods, Solid Cargoes and Containers (DSC 13) which met in September 2008. DSC 13 included the Intercargo paper in the terms of reference of the correspondence group reviewing the BLU Code for consideration.

This correspondence group reported to the 14th session of DSC in September 2009 recommending a draft MSC circular to draw attention to the risks associated with loading at high rates and the potential consequences. The sub-committee agreed that the proposed circular should be forwarded to MSC 87 (May 2010) recommending approval. A copy of the draft circular can be found in the annex of DSC 14/7 below:

Background

For the shipping industry and the seafarer, Piracy remains a particular scourge which needs high level Government and UN support in concert with legitimate Professional Navies to defeat piracy in areas such as Somalia.  Intercargo pays tribute to both the professional navies who have achieved so much in support of the seafarer and world trade, but also the Masters and Crews of vessels, who it was estimated in June 2009, were responsible through their evasive actions in averting 78 % of all attacks.

With the recent South West Monsoon season restricting but not eradicating piracy off Somalia and the Eastern Indian Ocean, Intercargo and our Round Table colleagues have actively participated and promoted through the IMO and elsewhere, Best Management Practices (BMP’s) which give advice to Masters and Companies on how best to avoid seizure by Pirates.  These matters are kept under review by a small dedicated Intercargo Correspondence Group comprised of ten Intercargo Bulk Carrier companies who assist and advise the secretariat and Executive Committee on anti-piracy strategy and reaction to proposed policy developments.

Recent News - Advice & Guidance

20091231 : Following recieved from the UKMTO - Possible Pirate Dow/Mother ship at Posn 1147.2n 06248.3e Crs 010 Sp 6kts. All MV’s are to avoid this position/area by at least 50NM. Any suspicous sightings please contact UKMTO

20091224 : Intercargo has printed some "Bulk Carrier BMP Aware" Stickers to encourage ships to make the linkage between the advice contained in the Best Management Practice Guidelines and their own shipboard operations.  Also contained on the stickers are the contact details for UKMTO, MSCHOA and MARLO.  Any Bulk Carrier owner - irrespective of whether they are a member of Intercargo or not who would like copies of these free of charge stickers, should contact zoe.sakka"AT" intercargo.org [with the "AT" replaced by the conventional @ symbol to avoid spam e mail].  Early in 2010, Intercargo, will arrange for the stickers to be produced in languages other than English, with the first languages expected to be Greek, Mandarin, Hindi, Arabic and Tagalog. 

20091130 : On 29 NOV at 1215 UTC a crude oil tanker has been hijacked by pirates in position 03 03N 061 30E. The vessel altered her course and is now heading towards the Somali coast. MSCHOA advises all vessels navigating in the Indian Ocean to consider keeping East of 60E when routing North/South and to consider routing East of 60E and South of 10S when proceeding to and from ports in South Africa, Tanzania and Kenya. Vessels are also advised not to approach closer than 100 miles from the position given in this report and maintain maximum CPA with any ship acting suspiciously. While navigating in the region vessels are urged to operate at a heightened state of readiness, maintaining strict 24 hour anti-piracy visual and radar watches, actively implement recommended anti-piracy measures and regularly report their position/course/speed to UKMTO.
Merchant vessels are requested to report any suspicious activity to UKMTO Dubai (+97 1505523215 – ukmto@eim.ae) or IMB PRC (+60 320310014 – imbkl@icc-ccs.org / piracy@icc-ccs.org). Reports can also be relayed to MSCHOA (opscentre@mschoa.org).

20091123 : Mr Spyros Polemis, speaking on behalf of the Round Table of international Shipping Associations (BIMCO, ICS, Intercargo and INTERTANKO), today publicly thanked the Navies of the world who had protected seafarers and shipping in the Somalia area.  The occasion was the IMO Assembly and the the event was attended by Naval and Diplomatic Staff of all the navies serving in the area.  Intercargo was represented at this event by Nicky Pappadakis, Chairman and Rob Lomas, Secretary General.

The Round Table Piracy Speech, 23 November 2009, is available on request from info@intercargo.org

20091113 : Routeing and Reporting advice from EUNAVFOR, NATO and CMF :

Industry Best Management Practice Version 2

Issue Summary

• Harmonised standards and training of inspectors
• Consistent interpretation on what are clear grounds for inspection
• The raising of standards of all MoUs to those of the global best.

Intercargo Policy

Summary of Recent Developments

Two papers have been submitted to the IMO Marine Environment Protection Committee (MEPC 60, due to meet in March), by the states surrounding the Black Sea (MEPC 60/8/1) and the Wider Caribbean Region (WCR) (MEPC 60/8/2), giving notice that adequate reception facilities (for garbage) are in place and requesting IMO to establish a date by which the Black Sea area and the WCR shall become effective under Annex V.

Issue Summary

Intercargo Policy

1. Facilities must exist and be in line with MARPOL requirements;
2. Facilities should be provided at a cost to encourage the ship to meet its MARPOL commitments but not at an excessive charge;
3. The facilities must be used by the Master for the sake of the environment, who should at all times, maintain the record-keeping required under the MARPOL convention;
4. There should be no undue compulsion to use and pay for the facilities if for operational reasons, the ship has only limited quantities of waste which can be economically discharged at a subsequent port and
5. The facilities should be publicly advertised.

In addition we encourage the reporting of inadequate waste reception facilities using the appropriate IMO form, MEPC.1/Circ.469/Rev.1, which can be downloaded below:

MEPC.1/Circ.469/Rev.1

Summary of Recent Developments

Intercargo submitted two papers (co-sponsored by BIMCO) asking the committee for clarity with regard to the treatment of dry cargo residues and hold washing water as garbage under the provisions of Annex V. One paper (MEPC 59/6/7) stressed the impracticality of handling and storing washing water onboard, the inadequacy of PRFs for such a waste streams and the problems this poses for the industry with particular reference to special areas. The other (MEPC 59/9) made specific reference to the Gulfs and Mediterranean special areas that recently became effective in this regard, asking the committee to issue a circular allowing the discharge of hold washing water in these areas when >12 miles from shore given the absence of PRF.

The committee agreed with the main points raised and that the issue needed further work to understand the effects of cargo residue in washing water and how it should be controlled. They also agreed with the proposal to issue a circular allowing discharge in the Gulf and Mediterranean special areas until the issue is clarified, see below.

MEPC.1 Circ.675 DISCHARGE OF CARGO HOLD WASHING WATER IN THE GULFS AREA AND MEDITERRANEAN SEA AREA UNDER MARPOL ANNEX V

The Guide to Good Practice on Port Reception Facilities, below,  was developed as one of the work items of the IMO's Marine Environment Protection Committee Action Plan and is intended to be a practical users’ guide for ships’ crews who seek to deliver MARPOL residues/wastes ashore and for port reception facility providers who seek to provide timely and efficient port reception services to ships.

Issue Summary

• Industry humanitarian and operational response to stowaways and “persons taken up from sea” (i.e refugees and economic migrants)
• Interaction with P&I Associations as primary focus for dealing with the problem
• IMO “Stowaway Focal Point”

Intercargo Policy

Summary of Recent Developments

• Contact details of the IMO SFP (+44 7587 3110 / falsec@imo.org)
• Basic information about what to do (tell the DPA and your P&I Club)
• Ask the Stowaway questions in a checklist format (available on request)
• Consider sending statistical returns to Flag AND the IMO SFP
• Details of an IMO / UN High Commissioner for Refugees leaflet.

Issue Summary

Intercargo Policy

Summary of Recent Developments

Issue Summary

Intercargo is concerned about the numbers of seafarers to meet the future needs of an expanding bulk carrier fleet and where these professionals might be sourced from. In addition the adequacy of the existing training regime for the modern safety conscious bulk carrier sector is being considered.

Intercargo Policy

Intercargo believes that it will be necessary to give far more attention to the quantum and quality of seafarers’ training if the future Bulk Carrier fleet is to be manned and accidents reduced.

• issues connected with the supply and demand of seafarers for the expanding Bulk Carrier fleet,
• competency issues vis-à-vis the established STCW Training Regime and
• issues connected with the human element and how this interacts with Casualties and other Negative Performance Indicators noted in Intercargo’s Benchmarking Report.
  
  
  

Summary of Recent Developments

Intercargo has formed a Correspondence Group to investigate the issues mentioned in Point 1 above.  The issues that will be considered by the Group are as follows :-

1. Demand and Supply for seafarers in the Bulk Sector – to merely note the statistical data and the various hypotheses on timing without engaging in debate on the detail.
2. Value added training – inviting the CG to confirm that this should not be mandatory
3. Company specific practices –
   • Cadet berths
   • Raising profile of industry and the likelihood that seafarers will continue to be sourced in traditional nations such as the Philippines rather than through as-yet-undetected nations
   • Classroom courses in training centres
   • Technical seminars
   • Sailing visits by on-board training superintendents
   • Industry and Company feedback when on leave
   • Publicity – newsletters and magazines
   • Computer Based Training programmes (CBT) e,g Videotel
   • Feedback from P&I Clubs, Underwriters and other industry sources
4. The initial suggestion that specific training techniques require CBT
5. On-board dynamics – multi-nationalities
6. Motivation of seafarers to extend the time they would wish to spend at sea
7. Consideration of de-motivating factors and what can be done to address this.  Does de-motivation impact on safety ?
8. “Habitability” – e.g the provision of Broadband internet

Further to the positive developments at the 52nd session of the Design & Equipment Sub-committee (DE 52) in March this year related to draft amendments to the Life Saving Appliance (LSA) Code MSC 86 (May/June 2009) approved proposed amendments...

Issue Summary

Intercargo Policy

Although Intercargo notes fewer Bulk Carrier casualties, lifeboat evacuation systems and processes for Bulk Carriers warrant further consideration.  Intercargo will continue to work with interested parties – including regulators and lifeboat manufacturers, to provide data on perceived inadequacies and to press for Bulk Carrier-appropriate systems.

Summary of Recent Developments

The Intercargo secretariat is reviewing bulk carrier losses and evacuations to gather base data with a view to stimulating research and/or amending regulation - anyone wishing to contribute to this work please contact ian.harrison@intercargo.org.

Bulk Carrier Regulatory and Operational Challenges

Summary: This paper reviews recent regulatory developments and operational practice that have an impact upon bulk carrier design, including: changes to the International Maritime Solid Bulk Cargo Code (IMSBC Code) and its forthcoming mandatory application; the entering into effect of MARPOL Annex V special areas and the consequences for the handling of cargo residue and hold washing water; and operational pressure to load at high rates in a short time frame and the potential consequences, including the recent review of the BLU Code. In discussing these issues the importance of operational experience being utilised in ship design and regulatory development is emphasised.

• Anti-trust Guidelines, Intercargo
  
• Articles of Association, Intercargo
  
• Bulletin, Intercargo
  
• E Mail Updates
  
• Meetings, Intercargo
  
• Meetings, not Intercargo
  
• Members Charter, Intercargo
  
• Press articles, about the Dry Bulk sector
• Research questionnaires
  
• Vacancies
  

Issue Summary

At the IMO Sub-Committee on Dangerous Goods, Solid Cargoes and Containers (DSC 14) in September 2009 the Marine Accident Investigators’ International Forum (MAIIF) submitted a paper highlighting the number enclosed space incidents since November 1997 (101 incidents resulting in 93 deaths and 96 injuries), Sweden also submitted a paper highlighting incidents during the carriage of timber products (oxygen depletion in holds and adjacent spaces) and the Bahamas made a submission proposing monthly enclosed space entry drills.

The Maritime Safety Committee (MSC 84) has adopted requirements to have emergency towing procedures on cargo ships. Compliance will be required for new ships constructed on or after 1 January 2010; and for existing ships constructed before 1 January 2010 by 1 January 2012.

Issue Summary

This issue essentially concerns the definition of an exemption to the all encompassing definition “intended primarily to carry dry cargo in bulk”. Traditional bulk carriers, with hopper and topside tanks, are not at issue and have a clear definition in the CSR rules and in parts of SOLAS. However, some vessel, such as multipurpose or general cargo ships, occasionally carry dry cargo in bulk and it is argued that they should not have to comply with all of the bulk carrier requirements.

Intercargo Policy

Intercargo’s position is that:

(i) If a ship is primarily designed to carry dry cargoes in bulk, that is, it is designed in the first instance around dry bulk cargoes, then it should be designated a bulk carrier and comply with the pertinent requirements of SOLAS including chapter XII.

(ii) When a ship is primarily designed to carry other cargoes, for example designed around containers and break bulk, and only occasionally carries dry bulk cargo then it is not appropriate to use the bulk carrier designation. However, any additional risks associated with the carriage of dry bulk cargoes in such a ship should be identified and appropriately regulated.

Summary of Recent Developments

MSC 85, meeting in November/December 2008, adopted a resolution (MSC 277 (85)) on the clarification of the term “bulk carrier”; and guidance for application of regulations to new ships which occasionally carry dry cargos in bulk and are not determined bulk carriers under SOLAS (in reg. XII/1.1 and Ch II-1). It should be noted that this resolution does not change SOLAS, but provides guidance on how to apply relevant SOLAS requirements. While a resolution cannot provide mandatory application dates, governments are urged to apply the guidance to new ships built (keel laid) on or after 1 July 2010.