The Maritime Advocate–Issue 815

Posted:

1. Thirty years on
2. Reefer claims
3. Biofouling
4. FuelEU
5. OCEAN project
6. Mission to Seafarers awards
7. Biofouling advice
8. ICS survey
9. Energy crisis
10. Cape Town agreement
11. Dumping prohibition
12. Ship recycling
13. Cyprus moves

Notices & Miscellany

Readers’ responses to our articles are very welcome and, where suitable, will be reproduced. Write to: contactus@themaritimeadvocate.com


1. Thirty years on

By Michael Grey

It was thirty years ago that a particularly thoughtful Lloyd’s underwriter Jonathan Jones became concerned at the number of shipping casualties which were being attributed to human error. It was also a period where the number of cadets entering the UK shipping industry was at a low level, which boded ill for future sea skills and the obvious consequences for marine safety. Additionally, he considered the wider implications of the shortage, thinking of the number of careers in the maritime infrastructure ashore which drew on the experience of former seafarers. From where, some years down the line, would this vital experience be found?

From this evident need, identified by Jonathan Jones, the Lloyd’s Officer Cadet Scholarship scheme emerged. It was designed to train the officers of tomorrow, funded by the Lloyd’s market, which of course would itself have been exposed to all these marine casualties. The scheme, as designed thus became something of a virtuous circle. It was to eventually become associated with Maritime London and it was as the Maritime London Officer Cadet Scholarship scheme it celebrated its 30th birthday in London recently. More than 100 officer cadets have been enabled to qualify as certificated officers under the scheme and some have, as anticipated, moved into shore side careers in a wide range of maritime fields, some now at senior levels.

Speaking at the event, which was attended by a number of former cadets and sponsors of the scheme, the MLOCS Chairman Tony Vlasto spoke of the ongoing need for competent officers as the importance of shipping remains crucial. There was a current seafarer shortage of some 26,000, putting safe ship operation at risk and good quality training was as important as ever. It was also a fact that training costs money, which many people entering the profession just don’t have, so sponsorship helps to “plug the gap” and enable them to have the life-changing experience offered by a sea career. He also noted that the sponsors of the scheme support their own industry, help to create safer seas and in doing so enhance their ESG credentials.

The Chairman also thanked sponsors Chris Adams, Carisbrooke Shipping, Chiltern Maritime/Viking Group, the Maria Tsakos Charitable Foundation, Reed Smith, The North P&I and the Company of Watermen and Lightermen and their clerk Julie Lithgow.

A number of former cadets at the event spoke warmly of their experiences. Fiona Scrimgeour, currently BP Shipping’s Operations Lead, Marine Production & Operations – North Sea Region suggested that her cadetship, which also facilitated her First-Class Honours degree in Merchant Ship Operations and Officer of the Watch certificate was a huge draw. The things she learned in her initial sea experience; the people skills and life experiences were, she said, the best introduction to working life she could have had.

Rob Crees who is currently senior vice-president/Counsel of the World Fuel Services Corporation spoke of the many advantages his sea experience gives him; mariners, he said “think outside the box”, think on their feet and solve problems. He was grateful for the broad experience on multiple vessel types provided  during his cadetship. One of the very first cadets – he was actually the third to be sponsored, Rob Crees qualified with combined deck and engineer certificated and sailed as a deck officer in the offshore oil and gas sector, before reading law at university. He has since been a lawyer in private practice and counsel in two International Group P&I Clubs, spending the past decade in an investment bank and shipping and energy trading roles, he emphasises the huge value of seagoing experience and the credibility it provides.

As a slightly more mature entrant, Fiona Rush was grateful for the flexibility of the MLOCS in granting her a scholarship. Now working as an operations manager with Frontline oil tankers, her career, which began with service on nine different types of vessel, saw her win a safety award and, while serving with Shell, working in South Korea on a new build, which was to become the world’s largest LNG carrier.

Currently serving at sea as Second Officer on a P&O Cruise ship in the Carnival Fleet, Joe Douglas qualified in 2018, following three years sponsored by Maritime London member JLT, in which he served in the Irish Lights tender Granuaile, Windstar’s Wind Surf and  several Carnival ships. After he qualified and time spent with Stena and Windstar, he has opted for cruise ships and currently serves aboard P&O’s Britannia. With his Chief Mate certificate behind him, he looks forward to gaining his Masters in due course.

There is no denying that becoming established in a maritime industry career, where training places are limited and costs can be high can be something of a challenge. But the MLOCS, along with Chiltern Marine has provided a pathway to the achievement of such ambitions. Last word to Fiona Scrimgeour; “there isn’t a day that goes by where I don’t reference some part of my cadetship, be that trading salty yarns, problem solving with colleagues, speaking with my own children or engaging with today’s cadets on board ships that I am chartering”.

Michael Grey is former editor of Lloyd’s List.


2.  Reefer claims
A new report from The Swedish Club, Container Claims – Refrigerated Containers, has identified a peak in refrigerated (reefer) container claims during the pandemic years as a result of disruptions in the supply chain, with a high number of reefer containers being delayed either in port or during transportation to and from port via road or rail.

Between 2021 and 2022 the Club saw an increase in reefer container claims of 270%, with 4.1% of all container vessels having a reefer claim in 2020 compared with 11.4% in 2021. Reefer containers are the main cause of all container claims with 30% of the Club’s total container claims being due to refrigerated cargo damage over the last five years.

Joakim Enström, senior loss prevention officer at The Swedish Club and author of the report says: “Reefer containers are very sensitive to fluctuations in temperature. During the pandemic, we saw disruptions during the many regional lockdowns – the majority of the claims were from China, but the situation was widespread.

“This emphasises the importance of monitoring cargoes properly and keeping correct records. If goods have already been damaged down the supply chain, then the onus is on the crew to demonstrate they have taken proper care of the container, from the moment it is on board until it leaves the vessel,” he says.

The report highlights the important role of the crew in ensuring that these fragile cargoes are delivered safely, and how the actions of those on board can make a significant difference to the claims experienced by an operator.

Lars Malm, director  of strategic business development explains: “A single reefer container may carry a cargo value of several hundred thousand US dollars or more. Pharmaceuticals are the most expensive cargoes, but as food prices continue to rise then the cost of spoiled meats, fish and speciality fruits and vegetables cannot be underestimated.”

Over the last five years temperature variation (18%), poor monitoring of the reefer unit (7%) and reefer mechanical failure (5%) have in total contributed to 30% of total container claims. This compares with wet damage at 27% and physical damage at 19%.

Container Claims – Refrigerated Containers provides loss prevention advice, demonstrates the Club’s findings through statistics, and presents a series of case studies identifying real-life common mistakes made when dealing with reefer containers on board ship.

A copy of the publication can be downloaded free of charge from The Swedish Club website.
 


3.  Biofouling

The importance of maintaining a smooth and clean hull free from biofouling has been outlined in a new report from IMO. The report – Analysing the Impact of Marine Biofouling on the Energy Efficiency of Ships and the GHG Abatement Potential of Biofouling Management Measures highlights that a layer of slime as thin as 0.5 mm covering up to 50% of a hull surface could trigger an increase of GHG emissions in the range of 25 to 30% depending on ship characteristics, its speed and other prevailing conditions. These percentages can be much higher for more severe biofouling conditions, depending on the type of ships and other parameters

In addition to analysing the impact of biofouling on ship efficiency and how current industry practices for biofouling management impact ship efficiency, the study presents results from seven scenarios (or anti-fouling strategies) in relation to a reference (“always clean”) of a target vessel (bulk carrier), between dry-docking periods. These results demonstrate the magnitude of fuel, CO2 and cost savings that can be achieved by keeping ships as clean as possible from biofouling.  Biofouling management is one important contributor to the overall operational efficiency of ships and should be considered by shipowners to achieve IMO’s Carbon Intensity Indicator (CII) rating that measures vessel carbon intensity over time.

Download the full report here: https://www.glofouling.imo.org/publications-menu


4. FuelEU

The European Parliament this week set out its position on the FuelEU Maritime Regulation ahead of negotiations with the Council. European shipowners welcome the progress made on the proposal, but stress that more needs to be done to facilitate the energy transition and the decarbonisation of the industry, the European Community Shipowners’ Associations (ECSA) said in a statement.

Fostering the production and uptake of low- and zero-carbon fuels is a key step towards the decarbonisation of the shipping sector. To meet this goal,   demand for clean fuels from shipping need to be increased, and fuel suppliers need to make clean fuels available in sufficient quantities. It is also key to earmark the revenues, bridging the price gap for clean fuels,   for R&D and innovation as well as for port infrastructure, upskilling and reskilling. European shipowners therefore welcome the earmarking of the FuelEU revenues to the maritime sector under the EU ETS Ocean Fund, ECSA said.

ECSA recognises that today’s vote is a step in the right direction as it introduces the notion of supplier responsibility when contractual arrangements are in place between a fuel supplier and a shipping company. However, more needs to be done to make sure that sufficient quantities of clean fuels are made available by fuel suppliers in European ports.

“Ensuring access to affordable clean fuels is a major challenge for the decarbonisation of shipping. Clean fuels currently sit on the most expensive side of the spectrum and therefore action is needed to bridge the price gap. In order to meet the targets of the FuelEU, the earmarking of the ETS [Emissions Trading System] and FuelEU revenues back to the sector becomes even more essential. This, together with ensuring fuel suppliers are responsible for making clean fuels available, is critical to ensure that shipping can deliver on its decarbonisation objectives” said ECSA’s Secretary General Sotiris Raptis.

The Parliament also takes a more pragmatic approach on Onshore Power Supply deleting penalties on ships when the infrastructure is not available in port. ECSA also welcomes the introduction of special conditions for ice-class vessels as well as for islands and outermost regions.

The association supports the new monitoring requirements to ensure the availability of clean fuels in the market. The Commission will have to continuously monitor the quantity of low- and zero-carbon fuels made available to shipping companies in the EU. If the supply of those fuels fails to meet the demand from shipping companies, the Commission should propose measures to ensure that maritime fuel suppliers in the EU make available adequate volumes of alternative fuels to shipping companies calling at EU ports. For more details see https://www.ecsa.eu/news
 
Transport & Environment (T&E) welcomed the world’s first measure to decarbonise shipping fuels but says much more will be needed to get shipping to zero emissions. The statement followed the vote by Europe’s lawmakers   in favour of a 2% mandate for green shipping fuels by 2030.

Delphine Gozillon, sustainable shipping officer at T&E, said: “This is the beginning of the end for fossil fuels in Europe’s shipping industry. The green shipping fuel mandate will kick start the production of hydrogen-based fuels by providing investment security for fuel producers. But 2% will not be enough if we are to stick to 1.5 degrees. The EU must build on this and go bolder. There is a clear will to clean up the shipping industry. This is just the start.”

T&E has called on the EU to raise this mandate – otherwise known as a sub-quota – to at least 6% in 2035. Some 50 industry organisations and NGOs from all over Europe, including Unilever, Siemens and Alstom have backed this. The group also called for a removal of the exemption for companies with three ships or less, which would exempt 60% of shipping companies. This was rejected by the Parliament.

The Parliament also failed to announce a greenhouse gas (GHG) reduction target of 100% in 2050 which would effectively phase-out all greenhouse gas emitting fuels. This puts the EU’s domestic shipping ambition at odds with its claims to be a global green shipping leader internationally, says T&E.

The Parliament did reduce incentives for fossil gas by introducing stricter GHG targets. This will shorten the lifetime of LNG as a compliance option, but it will not be enough to stop shipping’s worrying shift to LNG, warns T&E. However, as Delphine Gozillon concludes “it does signal that there is no long-term future for fossil LNG in shipping.”
 


5. OCEAN project

The Nautical Institute has announced its participation in the OCEAN project which has just launched.
The OCEAN project is focused on enhancing operator awareness in navigation, to reduce the frequency of severe accidents like collision and grounding, to mitigate ship-strike risks to marine mammals, and to mitigate the risk presented by floating obstacles to ships.

 The project will contribute to an improved understanding of accident root causes, and will strive to reduce the resulting human, environmental and economic losses through socio-technical innovations supporting ship navigators.

The OCEAN consortium, coordinated by Western Norway University of Applied Sciences, includes 13 partner organisations across seven different European countries from the industry, academia, NGOs and end users.The project was awarded funding by Horizon Europe and launched  recently, and it is due to run until 2025. 
 
Around 3,000 maritime incidents occur every year in the European maritime fleet. Some 28% of these accidents are categorised as severe or very severe accidents, resulting in the loss of life onboard, pollution, fire, collisions or grounding. Navigational accidents are dominant in these statistics according to the European Maritime Safety Agency, be it for cargo, passenger or service ships.

The OCEAN project ambition is to contribute to the mitigation of navigational accidents by supporting the navigators to do an even better job than they do presently. The OCEAN consortium will address the most pertinent factors that may contribute to events becoming accidents: training, technical, human or organisational factors, operational constraints, processes and procedures, commercial pressures, and will recommend improvements and amendments to regulations, standards and bridge equipment design approaches.

OCEAN seeks to enhance navigational awareness “on the spot” and to improve the performance of evasive manoeuvring to avoid collision with near-field threats. The project will deliver and demonstrate several human centred innovations. For example, the 4D Situation Awareness Display which will be developed in the OCEAN project will improve the visualisation of navigational hazards, integrating current bridge information systems with marine mammal and lost floating containers detection and tracking capacity specifically developed by the project.

Going further, the project will design and implement a European navigational hazard data infrastructure to feed multi-source observations and hazard predictions relating to floating containers and large aggregations of marine mammals into the existing distributed maritime warning infrastructure. OCEAN seeks to transfer this data ecosystem to relevant European organisations for deployment and maintenance.

 David Patraiko, Director of Projects at The Nautical Institute, said: “Focusing on the Human Element and how good decisions are made to prevent accidents is at the heart of The Nautical Institute’s work so we are thrilled to be partnering with this project and look forward to playing a significant role in improving safety for ships, the effectiveness of seafarers and the marine environment in which they operate.”
 


6. Mission to Seafarers awards

The Mission to Seafarers   has announced the winners of its annual Seafarers Awards Singapore. The ceremony highlights the value and importance of seafarer welfare, and honours individuals and organisations that have significantly improved seafarers’ wellbeing.
 
Honouring the commitment and contributions to seafarer wellbeing made by crew, shore staff and shipping companies around the globe, the award winners for outstanding contributions to seafarers’ welfare are:
 
Seafarers Award: The seafarer who made the most significant contribution to seafarers’ welfare.
Winner: Captain Rohit Minocha, Hafnia
Highly Commended: Captain Seul Gu, BSM
 
Shoreside Award: The shoreside person who made a significant contribution to seafarers’ welfare.
Winner: Capt Oleksandr Litvinov, BSM
 
Cadet Award: The cadet or trainee who made a significant contribution to seafarers’ welfare either at sea or ashore.
Winner: Van Alfred Villanueva, AMOSUP/Columbia
 
Innovation Award: An individual or a company who embraced a new programme, project or training which enhanced the welfare of seafarers.
Winner: INMARSAT
Highly Commended: Wartsila Voyage
 
Rescue Award: The captain and crew who have coordinated a successful rescue operation to save lives at sea.
Winner: Capt Sergiy Tatarenko and crew of the Chittagong , BSM
Highly Commended: Capt Erwin Bondoc of the Pelicana , Zeaborn
 
Secretary General Award: The person or company who has shown sustained efforts to improve seafarers’ welfare at sea or ashore.
Winner: Eastern Pacific Shipping
Highly Commended:  Tracy Gao Wen, Pacific International Lines Marine Personnel Department
 
In addition, Akshhaya Mondkar, Campbell Shipping, received particular recognition from the judges for being nominated in multiple categories for her contribution to seafarers’ wellbeing as a nutritionist.
 
During the evening, the Mission presented its inaugural Adventure Race Japan, taking place on the Izu Peninsula in May 2023. Running or trekking, depending on your fitness level, this event is open to teams of three, gathering 250 people from across the shipping industry for a two-day very exciting, networking and participatory event.
 


7. Biofouling advice

Killer shrimps, sea squirts and the spiny water flea are all examples of invasive alien species that have been introduced to new areas in various parts of the world by recreational craft such as boats, yachts and other small craft.

Invasive alien species are known to be one of the biggest drivers of biodiversity loss, and their management especially in marine environments is incredibly challenging. Therefore, the most cost effective away of addressing their impacts is to prevent their spread to new areas.

To tackle this issue, the GloFouling Partnerships, led by the International Maritime Organization  and in collaboration with the International Council of Marine Industry Associations , World Sailing, and the International Union for Conservation of Nature, has published a new Biofouling Management for Recreational Boating Report. The aim of the report is to stop the spread of invasive alien species which can adhere to hulls and other areas of recreational craft by addressing how to manage biofouling.

The report provides an overview of invasive alien species which are believed to have been introduced to different areas of the world through recreational boating. Current regulations and guidance are presented, as well as an overview of anti-fouling paints.

The report was launched during the 2nd GloFouling Partnerships R&D Forum and Exhibition on Biofouling Prevention and Management for Maritime Industries, held at IMO Headquarters in London 11-14 October.

Recreational vessels can start to collect biofouling on their hulls within hours of being in the water. Dry-sailed craft, such as trailered boats, dry-stacked craft or portable craft rely on dry storage to avoid the accumulation of biofouling on their hulls, whereas vessels that stay afloat will have some form of anti-fouling coating as protection. As well as hulls, bilges, lockers or cooling systems – so-called niche areas – are key areas to consider for biosecurity. Paddle boards and clothing such as wetsuits and waders can carry larvae of potentially invasive species.

 The report includes guidance and posters for best practices to prevent the spread of invasive species and ensure biosecurity.

Download Biofouling Management for Recreational Boating: Recommendations for improved biosecurity to prevent the introduction and spread of Invasive Aquatic Species here:  https://www.glofouling.imo.org/publications-menu


8. ICS survey

The International Chamber of Shipping has launched the ICS Maritime Barometer Survey 2022, which will capture industry views on risk resilience, future proofing, and decarbonisation.

The survey is designed to anonymously gather the strategic thoughts and views of shipping leaders. Doing so will help ICS to gain a better understanding of where the industry sees key challenges and opportunities and clarify where its shared priorities lie, at an international and national level. It will also help to inform ICS strategies when engaging with key stakeholders and leaders in government.

The findings will act as a bridge for National Associations and ICS to reach  those beyond the traditional shipping communities and communicate what the  industry needs. In 2021, ICS conducted a pilot project (available here), which had over 200 respondents, that proved the necessity of such a study.

The survey can be completed in less than 10 minutes as it uses a multiple-choice question format. Find the survey here: https://www.surveymonkey.co.uk/r/M2BTDRG

The deadline to complete this survey is 30th November 2022.

Click here to take the survey now


9. Energy crisis

The heightened focus on energy security and the rising cost of energy is reinforcing the difference in decarbonisation speed between Europe and the rest of the world – according to the sixth edition of DNV’s Energy Transition Outlook. Europe, which can be regarded as the leader of the energy transition, will double down on renewables and energy efficiency to increase its energy independence.  European gas consumption will fall dramatically as a result of the war in Ukraine.  Compared to last year’s forecast, DNV sees the continent consuming almost half the amount of natural gas in 2050. Gas will meet just 10% of Europe’s energy demand in 2050 compared with 25% today.

Lower-income countries, where cost is the main driver of energy policy, are seeing a different trend.  High energy and food prices are reversing the coal-to-gas switch and putting a dampener on decarbonisation investments.  For example, the share of gas in the Indian subcontinent’s energy mix will reduce from 11% to 7% in the next five years, while the share of coal will increase.

More broadly, inflationary pressures and supply chain disruption pose a short-term challenge to renewable growth.  According to DNV’s Outlook, the global electric vehicle (EV) ‘milestone’ – when the EV share of new vehicle sales surpasses 50% – has been delayed by one year to 2033.

However, the impact of the current crisis on the overall energy transition is outweighed by the plunging costs of renewables and increased carbon costs in the longer term.

“The turbulence in the energy market does not dramatically alter the decarbonization pathway towards midcentury,” said Remi Eriksen, Group President and CEO of DNV. “The strongest engine of the global energy transition is the rapidly reducing costs of solar and wind energy, which will outweigh the present short-term shocks to the energy system.”

For the first time, DNV’s forecast sees non-fossil energy nudge slightly above 50% of the global energy mix by 2050.  This is mainly because of the growing and greening of electricity production.  Electricity production will more than double and its share will grow from 19% to 36% of the global energy mix over the next 30 years. Solar PV and wind are already the cheapest form of electricity in most locations and by 2050 they will grow 20-fold and 10-fold respectively and will dominate electricity production with 38% and 31% shares, respectively.  Renewables expenditure is expected to double over the next ten years to more than 1300 billion USD per year, and grid expenditure is likely to exceed 1000 billion USD per year in 2030. Energy security concerns are leading to renewed interest in nuclear, and the forecast this year reflects a modest uptick, growing by 13% from today’s levels to 2050.  However, its share of the electricity mix will still reduce from 10% today to 5% by 2050.

The short-term increase of coal consumption will not prevent it from rapidly exiting the energy mix with its peak back in 2014.  Oil has been approaching a plateau for some years and it will start to decline sharply from 2030 onwards.  As a consequence of the war in Ukraine, global gas consumption will be lower than previously forecast.  Before the war, DNV forecast natural gas would be the single largest energy source by the end of this decade, but this has been delayed to 2048. For more details on the report see the DNV website https://www.dnv.com.


10.  Cape Town agreement

October 11 2022 marked the 10th anniversary of the adoption of the 2012 Cape Town Agreement, the key international treaty applicable to large industrial fishing vessels aiming at providing safety standards, just as the SOLAS Convention does for commercial ships. 

Despite extensive efforts by IMO Member States, other UN agencies, observers and the IMO Secretariat, the Agreement is not yet in force. As a result, there are, as yet, no globally mandatory requirements for the design, construction and equipment of fishing vessels, including life-saving, fire protection and radio-communications equipment to be carried on board. 

IMO Secretary-General Kitack Lim again urged States, which have not yet done so, to become a party to the treaty as soon as possible.

“We cannot afford to be complacent when it comes to addressing the safety of fishers and fishing vessels. To bring this voyage that started over 45 years ago to a successful conclusion, IMO Member States are strongly encouraged to consider ratifying the Agreement as soon as possible.  Not only will this finally bring into force an internationally binding safety regime for fishing vessels, it will also contribute to a significant reduction of the exploitation of both the oceans and the people who depend on them,” Mr. Lim said.
Bringing into force a binding international safety regime is expected to play an important part in helping to improve safety standards, and reduce the loss of life of fishers and observers onboard. 

The journey to bringing a mandatory regulatory framework for fishing vessels into force began some 45 years ago with the adoption of the Torremolinos International Convention for the Safety of Fishing Vessels in 1977. Due mainly to the complexity of its implementation, the Convention failed to attract the number of ratifications necessary for it to enter into force. In 1993, the Torremolinos Protocol relating to the Convention was adopted to improve its provisions, but faced the same challenges. 

The 2012 Cape Town Agreement, prepared and adopted under the auspices of IMO, following intensive discussions over  a five year period, replaces both the 1977 Torremolinos Convention and the 1993 Protocol with updated provisions that address previously encountered technical and legal difficulties, and paves the way for facilitating the entry into force.

To enter into force, the Agreement needs to be ratified by 22 States with an aggregate number of 3,600 fishing vessels operating on the high seas. The current number of ratifications stands at 17 States with a total of around 1,925 eligible fishing vessels. There has been an accelerated trend towards ratification in the past few years, escalating hopes that it will come  into force in the not-too-distant future. 

 IMO has launched an easy guide to the Cape Town Agreement on fishing vessel safety, which provides a plethora of valuable information resources, materials to download, including informative videos. 

Among other benefits, the Agreement, when it enters into force, will allow for the establishment of a port State mechanism to monitor illegal fishing activities and modern slavery by targeting sub-standard vessels. This, in turn, will protect markets from being flooded with illegally caught fish, increase transparency of fishing activities, contribute to the conservation of the marine environment and resources, avoid depletion of world fish stocks and protect fishers from human rights abuse. 

The Agreement would also protect search and rescue services from being called to rescue fishers (since incidents should decrease), contribute to better employment and working conditions onboard fishing vessels for both men and women, enhance the competitiveness of a nation’s fishing fleet on markets by enhancing safety standards, contribute to ship construction and equipment industry in particular for new built vessels and provide the basis for tackling abandoned, lost or otherwise discarded fishing gear.

https://www.imo.org/en/MediaCentre/HotTopics/Pages/CapeTownAgreementForFishing.aspx


11. Dumping prohibition

The amendment to the London Protocol will remove sewage sludge from the list of permissible wastes – wastes which may be considered for dumping at sea. Parties to the treaties which regulate the dumping of wastes at sea have adopted an amendment to ensure that the dumping of sewage sludge at sea would be prohibited worldwide.

 The amendment was adopted by the 44th Consultative Meeting of Contracting Parties to the London Convention and the 17th Meeting of Contracting Parties to the London Protocol (LC 44/LP 17), which met at the international Maritime Organization (IMO) Headquarters from 3-7 October 2022.  The amendment will enter into force for each Contracting Party immediately on notification of its acceptance, or 100 days after the date of the adoption if that is later.

Sewage sludge is a waste that has been considered for dumping at sea under both the London Convention and London Protocol. Decades ago, a substantial volume of sewage sludge was permitted to be dumped at sea. However, the London Convention and Protocol parties previously commissioned a world-wide review of current practices of managing or dumping sewage sludge at sea. The last meeting concluded that the practice had declined considerably over recent decades, that it was already prohibited under many regional conventions and through domestic legislation, and that alternatives existed for the use of the sewage sludge.

The Contracting Parties agreed that there was sufficient evidence and justification for amending Annex 1 of the London Protocol to remove sewage sludge from the list of permissible wastes. The proposal to amend the treaty was submitted by the Republic of Korea and Mexico.

Under the London Protocol all dumping is prohibited, except for possibly acceptable wastes on the so-called “reverse list” (Annex 1). The list of materials which may be considered for dumping at sea will now include: dredged material (the bulk of material given permits); fish wastes; inert, inorganic geological material; specific bulky items; vessels and platforms or other manmade structures at sea; organic material of natural origin; and carbon dioxide (CO2) streams from carbon dioxide capture processes


12. Ship recycling

A report commissioned by BIMCO shows that while the EU list of approved ship recycling facilities continues to grow, new additions have not added significant capacity to meet the demands of the global shipping industry. Therefore, BIMCO believes focus must shift towards adding facilities outside of the EU. The report also shows that the EU audit system works as intended for non-EU recycling facilities.

The “Report on the European List of Ship Recycling Facilities” is the 3rd edition by Marprof Environmental Ltd and was first commissioned by BIMCO in 2019, followed by the 2nd edition in 2020. The 3rd edition confirms that so far, the inclusion of non-European ship recycling facilities on the EU list has provided limited potential for large scale recycling.

EU member state facilities, in general, provide either bespoke local solutions to a niche recycling market or are focussed on offshore decommissioning. This means they are not dedicated to the recycling of large ocean-going ships and therefore do not have sufficient capacity. This leaves Turkey as the only major ship recycling nation contributing significant capacity to the EU List, the report shows.

“Today, there are still no facilities from the main recycling states such as India, Bangladesh or Pakistan included on the EU list to meet the demand for recycling of larger ships. Many yards have made significant efforts toward upgrading their facilities. We believe focus on getting some of these facilities added to the list should be increased if they meet the standards of the Hong Kong Convention, which we believe should be ratified as soon as possible,” says BIMCO’s Secretary General and CEO, David Loosley. 

The report also highlights that the strategic importance of ship recycling within the overall strategy of the EC is becoming increasingly clear and important. According to the EC, the “European New Green Deal” and the supporting circular economy are core elements of its attention and spending for the foreseeable future.  

“BIMCO agrees there is significant potential for the ship recycling industry to contribute to the circular economy, as it supplies large quantities of scrap metal to the steel and iron industries, thereby reducing the need to produce primary metals. A study commissioned by the World Bank in 2009 found that Bangladesh satisfied 50% of its steel needs from national ship recycling, to take an example,” says Loosley. 

As the 3rd edition of the “Report on the European List of Ship Recycling Facilities” was going to publication, a September 2022 draft of the EU List was published, testifying to two ship recycling facilities in Turkey being removed from the list due to failings
 


13. Cyprus moves

The Cyprus Shipping Deputy Ministry (SDM) has enacted the “Shipping Limited Liability Company (S.L.L.C.) Law of 2022”, which was ratified by the Cyprus Parliament on 6 October 2022. The new legislation aims to simplify the procedures and operating regime of Cypriot shipping companies that own Cyprus flagged ships, while safeguarding the competitiveness of the Cyprus flag in international shipping.

In 2021, the SDM launched SEAChange 2030 – a long-term strategic vision for shipping which is designed to compound Cyprus’ influential role in leading positive change for global shipping and maintain the country’s status as a leading maritime hub. In line with the strategy, the establishment of this entity fulfils Action 14 of the strategy, which falls under the “sustainable” pillar of the initiative. This initiative reflects the SDM’s commitment to providing a responsive, fast, efficient, and seamless customer-orientated service.

To this end, the legislation aims to create a new type of corporate entity called a ‘Shipping Limited Liability Company’ (SLLC), which will be established as a limited liability company with the sole purpose of owning and operating Cypriot ships.  A Registry of SLLCs has also been created, to be supervised by the Cyprus SDM. The Permanent Secretary of the Shipping Deputy Ministry (who by law is also the Registrar of Cyprus Ships) will act as Registrar of SLLCs.

Commenting on the new legislation, Vassilios Demetriades, Cyprus Shipping Deputy Minister said: “The Cyprus Shipping Deputy Ministry is continuously improving the effective, efficient, and quality service it provides to the maritime industry. This legislation marks a watershed moment in the ministry’s ongoing efforts to maintain the sustainability of Cypriot shipping, and the fulfilment of a key commitment made in our SEAChange 2030 strategy.

“It is an important step in the formulation of a one-stop shipping shop, provided by the Cyprus Shipping Deputy Ministry. Through this initiative, we are recognising what the industry expects from a model, efficient, and responsive maritime administration. This reflects the ministry’s continued provision of the efficient service and simplified procedures that the shipping industry has come to expect. Cyprus has a strong maritime infrastructure, and it is crucial that we continue to evolve and adapt to enable positive progress in this rapidly changing industry.”

To learn more about Cyprus Shipping Deputy Ministry, visit: https://www.dms.gov.cy/dms/shipping.nsf/home_en/home_en?openform


Notices & Miscellany

Lifeboat award

Survitec’s revolutionary Seahaven, the world’s largest inflatable lifeboat, has won the technology category of this year’s Safety4Sea awards.
 
The self-propelled inflatable lifeboat surpassed Safety4Sea’s judging criteria of providing a “significant technological achievement or significant contribution to maritime safety”.
 
Seahaven, officially introduced to the market in April, is already redefining how passengers and crew evacuate ships in an emergency, with Norwegian Cruise Line Holdings Ltd. (NCLH), Independent Maritime Advisors, and a major shipbuilder looking at incorporating the system into new designs.
 
Typically, a 4,000-passenger capacity cruise ship would require at least 12 to 16 lifeboats and up to four marine evacuation systems with liferafts. Just four Seahavens would be required to evacuate the same number of passengers in the same amount of time, freeing up 85% of cruiseship space for new passenger experiences.
 
Tai Prize seminar

In The “Tai Prize” [2021] 2 Lloyd’s Rep 36, the Court of Appeal was faced with important issues concerning whether or not a voyage charterer was liable on the basis of an implied warranty or indemnity against inaccuracy in respect of a statement in a bill of lading that cargo was shipped “in apparent good order and condition”, in circumstances where the shippers ought to have noticed pre- shipment defects. The Court had to consider the meaning of those words in a bill of lading, whether or not they would be inaccurate, and if so whether or not any such warranty or indemnity should be implied in particular given the regime set out in the Hague Rules.

The decision of the Court was that there was no implied warranty or indemnity given, affirming the judgment of HHJ Pelling QC who had in turn allowed charterers’ appeal against an LMAA arbitrator. An application for permission to appeal was dismissed by the Supreme Court in April 2022, so the Court of Appeal’s judgment is (at least for now) the last word on the topic.

James Leabeater KC (who acted for the owners) and Alexander Wright KC (who acted for the charterers), both of 4 Pump Court, and an industry representative   will debate the issues that arose and explain the reasoning of the Court in this important decision for the industry. An event organised by the London Shipping Law Centre and 4 Pump Court will be held on Wednesday 26th October in London

PLEASE REGISTER HERE

New appointment
Svitzer, a leading global towage provider and part of A.P. Moller-Maersk, has today announced the appointment of Sabrina Weymiens to the newly created role of Head of Transformation. Sabrina has been appointed to spearhead Svitzer’s transformation journey and keep the company on track as it tackles decarbonisation and delivers superior customer service.

Safety webinar

With a rise in high profile maritime incidents costing ship owners and managers massive amounts in damages, the industry is looking toward new technological solutions to improve safety, security, and operations onboard.

Safety4Sea will be holding a webinar on October 26 at 14.00 London time to discuss the issues. For details see https://events.safety4sea.com.

Alternative fuels
DNV’s Alternative Fuels Online Conference brings together experts and stakeholders from across the maritime industry’s value chain and beyond to explore the key questions around future fuels. The event will take place on November 2, 2022 at 13.00 CET.

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And finally,

(With thanks to Paul Dixon)

If a dog were your teacher, you would learn stuff like:

*When loved ones come home, always run to greet them.

*Never pass up the opportunity to go for a joyride.

*Allow the experience of fresh air and the wind in your face to be pure ecstasy.

*When it’s in your best interest, practice obedience.

*Let others know when they’ve invaded your territory.

*Take naps and stretch before rising.

*Run, romp, and play daily.

*Avoid biting when a simple growl will do.

*On warm days, stop to lie on your back on the grass.

*On hot days, drink lots of water and lie under a shady tree.

*When you’re happy, dance around and wag your entire body.

*No matter how often you’re scolded, don’t buy into the guilt thing and pout… run right back and make friends.

*Delight in the simple joy of a long walk.

*Eat with gusto and enthusiasm. Stop when you have had enough.

*Be loyal.

*Never pretend to be something you’re not.

*If what you want lies buried, dig until you find it.

*And MOST of all… When someone is having a bad day, be silent, sit close by and nuzzle them gently


Thanks for Reading the Maritime Advocate online

Maritime Advocate Online is a fortnightly digest of news and views on the maritime industries, with particular reference to legal issues and dispute resolution. It is published to over 20,000 individual subscribers each edition and republished within firms and organisations all over the maritime world. It is the largest publication of its kind. We estimate it goes to around 60,000 readers in over 120 countries.

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