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IN THIS ISSUE
1. Comprehensive education
2. Securing security
3. Shedding light on Covid
4. Passage planning
5. Seafarer support
6. Charterparty clauses
7. EU ETS bill
8. Law firms rebrand
9. Crew survey
10. Stolen goods
11. Drone delivery
12. Intelligent fingerprinting
13. Smart shipping
14. Stern tube-less
15. Carrier liability
16. Poseidon principles
17. Radio communications
Notices & Miscellany
Readers’ responses to our articles are very welcome and, where suitable, will be reproduced. Write to: contactus@themaritimeadvocate.com
1. Comprehensive education
By Michael Grey
If you are looking for a good argument with marine professionals, the IMO’s Standards of Training Certification and Watchkeeping Convention always offers a good starting point. It is topical today, as a comprehensive review of the Convention, which first standardised maritime training in 1978 is now under way. The important word is “comprehensive”, although this itself is open to a certain amount of interpretation, as “major” revisions have taken place in 1995 and 2010, with amendments, best described as tidying up, in intervening years. The determination to make the current changes more of a root and branch affair has been in gestation for a number of years.
The sheer number of important and influential parties who have a stake in this convention and any changes that might be needed is one of the reasons why such improvements are not undertaken lightly. There are what might be considered the ultimate customers of the convention in the seafarers who will be expected to fulfil its obligations, with their representative organisations. There is a powerful and disparate interest group in the training “community.” whose job it is to provide the colleges and courses, the equipment and educational sources which are needed to train and validate the capabilities of the world’s seafarers.
There are ship owners and operators, who have a vested interest in both the end product of competent seafarers and the costs which they may incur in this provision. And there are governments which themselves may or may not opt to provide training facilities but anyway are ultimately responsible for fulfilling their Convention obligations. And there is IMO itself, which might be described as the facilitator of the Convention and any changes that might be required as time and technology progress.
There can be no doubt that both the means and methods of training seafarers have changed quite dramatically since 1978. You just have to consider what can be done by simulators, virtual reality equipment, distance learning these days, always supposing that such amazing advances are widely available. And this is one of the problems that must be confronted as the revision is contemplated – that in a world where there are wide differences between the richest and poorest countries, the capability to provide a universal standard of training varies greatly.
You have states where the government invests in large and sophisticated training ships, and subsidised establishments where very well-trained seafarers can be turned out for the delectation of the domestic industry. Others where there is private provision, possibly run by well-funded industry players, or more basic educational establishments, which reflect very great differences in the facilities they offer to their students, simply because of what each is able to afford. And it is this everlasting inequality that has arguably bedevilled the STCW Convention, which cannot prescribe standards that are simply impractical in many parts of the world, where there may be plenty of willing candidates, but limited facilities to train them. So, something that might be described as a happy medium generally emerges, which possibly satisfies few, leading its critics to suggest that standards have arrived at a Lowest Common Denominator.
It is also important for the standards to keep up with the reality, and in an era when technical advances come thick and fast, this itself is a problem for those doing the revision. Are there areas of knowledge that can be dispensed with as technically redundant? Do navigators still need a knowledge of celestial navigation just in case the hackers or sunspots strike? What training must be given to reflect a new digital age, environmental sustainability, the challenges of new fuels, different types of machinery and new ship operating methodology.
How is specialist knowledge for specialist ships and cargoes going to be dealt with in the syllabus? How, indeed, is the simulator to be integrated into the demands for practical experience aboard real ships? How can safety culture be inculcated, blame culture outlawed and how should rather less prescriptive matters like leadership and equality be taught, to a worldwide workforce that embraces so many different cultures? And how might the crewing structures of ships yet to be built require new and different skills? Too many questions
It is a tremendous challenge which faces all those involved with this review of STCW, because they need to get it right, and the fast-changing shipping world that depends upon it will not wait.
A first class and comprehensive synopsis of the STCW Convention and the various areas which are being currently examined, with a view to possible changes is to be found in the Nautical Institute’s current Seaways journal. It is well worth reading.
Michael Grey is former editor of Lloyd’s List.
2. Securing security
Brian Perrott and Colin Chen of HFW have put together some words on the issue of securing security in the law firm’s online series of London Calling comments.
The Federation of Oils, Seeds and Fats Associations (FOSFA) have announced a number of amendments to their contracts by way of four circulars dated 30 November 2023. Amongst other things, an amended arbitration clause will allow parties to bring court proceedings for security whilst progressing the substantive issues in dispute. This amendment will apply to all FOSFA standard form contracts from 1 April 2024.
Additional wording is to be added to the FOSFA arbitration clause, to the effect that: “Nothing… shall prevent the parties from seeking to obtain security… via legal proceedings in any jurisdiction, provided such legal proceedings shall be limited to applying for and/or obtaining security for a claim or counterclaim, it being understood and agreed that the substantive merits… shall be determined solely by arbitration…”.
Comment
HFW welcomes this amendment wholeheartedly. The new position will be broadly in line with, for example, arbitration pursuant to the relevant standard forms of GAFTA, the RSA and the SAL.
By way of background, a High Court case (in which HFW acted for the successful defendant/respondent)1 held that a FOSFA Scott v Avery clause2 was effective in excluding the parties’ right to apply to the English court for injunctive relief under section 44 of the Arbitration Act 1996. Section 44 is a non-mandatory provision and may therefore be excluded or modified by agreement.
1 B v S [2011] EWHC 691 (Comm).
2 Broadly, a clause which provides that obtaining an arbitration award is a condition precedent to bringing legal proceedings.
London Calling alerts
Last year HFW decided to put under one roof its London Calling alerts. This was popular. So, they are doing it again.
Readers that would like this complementary pack should send an email or message to london.calling@hfw.com and the team says it will deliver quicker than Santa.
3.Shedding light on Covid
New research has shed light on the impact on shipping and fishing of the Covid crisis.
The study, led by researchers at the Marine Biological Association (MBA) and the COVID-19 Bio-Logging Initiative, assessed changes to global shipping and fishing activity, revealing in unprecedented detail how the rapid implementation of restrictions and lockdowns affected human mobility on the ocean in 2020.
Researchers used satellite and nightlight data to detail surprising complexity in maritime traffic patterns, investigating vessel activity from the global to the local scale across major fishing areas, exclusive economic zones and marine protected areas to determine where the largest reductions and increases in activity occurred in 2020.
Globally, changes were small: shipping activity in Exclusive Economic Zones decreased by 1.35 % and high-seas shipping activity increased by 0.28%.
However, there were striking differences at smaller scales depending on area, vessel type and time period examined. For example, between April and June 2020, passenger vessels were less active in 97% of Mediterranean Sea coastal states compared to 2017–2019.
Not all these changes were driven by the Covid-19 pandemic. Geopolitical tension, highly mobile fishing fleets, and ongoing trends in marine sectors impacted activity.
These results suggest a highly context-dependent response to the pandemic, depending on the industries operating and Covid-19 restrictions in an area.
Researchers warn that examining marine traffic at too large a scale and across multiple vessel types could risk overlooking important patterns. They stress the importance of monitoring maritime traffic using multiple data sources, especially when evaluating the long-term impacts of the COVID-19 pandemic on both maritime industries and the marine environment.
The study provides an effective measure of global maritime vessel activity that can support conservation efforts in vulnerable areas, highlighting where and when the largest changes in maritime activity occurred during 2020.
Postdoctoral Research Assistant Dr Alexandra Loveridge from the Sims Lab at the Marine Biological Association (MBA) led the study alongside international research scientists.
Dr Loveridge said: “Unprecedented access to human mobility data has proven to be a powerful tool for managing the COVID-19 pandemic. If data accessibility and use are promoted beyond the duration of the pandemic, it will significantly improve our understanding of human-environment interactions, helping us pinpoint where, and when, mitigations may be necessary to safeguard wildlife, and support more effective management of future crises.”
4. Passage planning
NAVTOR has revamped its Passage Planning module. Featured in the latest release of NAVTOR’s NavStation planning software (version 6.3), the new module offers expanded automation and auto-calculations, cutting both administration time and the potential for human errors, compliance with the very latest industry standards, enhanced data utilisation, the ability to revise and update plans (rather than creating new ones after voyage deviations/changes), and an all-new dashboard for easy insights, the company says..
Timo Essers, e-Navigation Director, NAVTOR explains: “Passage Plans are vital documents that come under close scrutiny from state controls and global authorities. But, as any navigator knows, they are also time-consuming and, in an atmosphere of ever-increasing responsibility and regulation, a real burden in terms of administrative workload. Our software module has addressed this issue over the past few years, but after close collaboration with the industry we’ve now taken that to the next level with a new batch of digital innovations. We see this as smart shipping in action.”
The company says one of the software’s key benefits is the automation of processes, with data instantly gathered from NAVTOR’s e-Navigation ‘digital ecosystem’ to populate necessary data fields. The new version brings in a raft of fresh data – from tidal information to time zones, ENCs, load lines, and port databases – utilising relevant points for auto-calculations, including enhanced under keel clearance and overhead clearance calculations, with considerations for minimum draughts, trims amongst other factors. The very latest regulations and guidelines, including those from OCIMF and Intertanko, are integrated into the constantly updated solution.
Essers says “Some of our customers made us aware of how inconvenient it was to make new plans if there were deviations from the original passage plans, for example, if weather enforced changes, or if port congestion impacted upon sailing schedules. So, in version 6.3 users can now simply revise and update approved passage plans in real-time, rather than starting from scratch.”
Further benefits of the Passage Planning module include flexible print options, vessel particular improvements and general optimisation. The new dashboard allows for rapid snapshots of operations according to plans, with overviews of factors such as average speed, sensor information, weather graphs, wave and wind warnings, etc.
5. Seafarer support
Recall Recover has been honoured for its pioneering approach to interviewing seafarers who have been involved in critical incidents at sea. Liverpool Shipwreck and Humane Society granted its MV Derbyshire Award for 2023 to the consultancy in recognition of the impact of its trauma-informed approach to marine investigation. The Society presents annual awards to people who voluntarily put their own lives or safety at risk to save others. In 2022, the Society inaugurated a new award, the MV Derbyshire Award for Maritime Safety, named after the British vessel which was tragically lost on 9 September 1980 during a typhoon with the loss of all hands.
The MV Derbyshire Award recognises innovative contributions to safety at sea. Recall Recover was founded by Captain Terry Ogg, an independent marine investigator and consultant, and Dr Rachel Glynn-Williams, a Chartered Clinical Psychologist working in the maritime industry, specialising in trauma, PTSD, and crew wellbeing support. Their partnership grew out of shared concerns for the wellbeing of those impacted by incidents at sea, and the need for organisations and the industry at large to learn as much as possible about how such incidents occur. Terry Ogg said: “I think what distinguishes the MV Derbyshire casualty from many others is the families’ determination to get to the truth and get justice not only for their loved ones but for generations of seafarers to come. What they did was to hold up a mirror to our industry and force change. In doing so, they have probably helped save countless lives. I am extremely proud and honoured for Recall Recover to be associated with their achievements through this award.”
Rachel Glynn-Williams said: “Seafarers involved in incidents at sea can often provide crucial insights which can help to prevent such future occurrences. However, the time-sensitive nature of investigations often requires witnesses to be interviewed at highly stressful times, and the interview itself can often constitute a further source of distress.
“At Recall Recover, it is central to our work that we seek to do no harm. Our purpose is to support the wellbeing of seafarer witnesses so that they can both recover as much as possible from the psychological impact of the event they have been involved in, and also so that they can provide the most accurate evidence, and by extension giving the broader industry the best chance of learning from what has happened.”
6. Charterparty clauses
Law firm HFW has continued to support BIMCO in helping the shipping industry work towards decarbonisation by drafting a suite of three new voyage charterparty clauses for parties to allocate costs and responsibilities relating to ships operating under an emission scheme.
Emission schemes are ‘cap and trade’ markets that permit the emission of greenhouse gases in exchange for allowances. Over time, the quantity of allowances available to industry is reduced as an incentive to reduce emissions through increased efficiency and the use of alternative fuels.
BIMCO has published three voyage charterparty emission schemes clauses, which are intended to provide industry stakeholders with the flexibility to choose a procedure suitable for their specific trade and business:
• ETS Emission Scheme Freight Clause For Voyage Charter Parties
• ETS Emission Scheme Surcharge Clause for Voyage Charter Parties
• ETS Emission Scheme Transfer of Allowances Clause for Voyage Charter Parties.
HFW green shipping and decarbonisation experts Alessio Sbraga and Joseph Malpas formed part of the drafting sub-committee for this suite of voyage charterparty clauses.
7. EU ETS bill
International Transport Intermediaries Club (ITIC) has forecast that the cost of the European Union’s new Emissions Trading Scheme (ETS) to the shipping industry could be in the billions.
The extended EU ETS, which comes into force on 1 January 2024, will set an annual absolute limit on emissions of greenhouse gases (GHG) for vessels of 5,000 gt and above calling at EU ports. However, its implementation is creating tensions between shipowners and charterers, particularly surrounding the language within charter agreements to ensure a fair distribution of costs and legal risks.
Despite these challenges, Robert Hodge, General Manager at ITIC, noted that it is vital that ship managers take necessary due diligence to ensure any of these risks are mitigated.
“Ship managers will have an important role in managing the scheme for their owners. It is, therefore, vital that ship management agreements set out the responsibilities and liabilities for doing so. The EU ETS is likely to cost the industry billions in extra fees so ship managers and charterers should assess every aspect of the costs and legal risks associated with the scheme to ensure they are not left in a financially precarious position,” Hodge noted.
ITIC’s warning comes on the back of the most recent meeting of BIMCO’s documentary committee, which includes ITIC and other shipping stakeholders. During the meeting, BIMCO adopted a ground-breaking ETS allowances clause for its ship management agreement, SHIPMAN, and three ETS clauses tailored for voyage charter parties. These clauses were crafted to facilitate compliance with evolving regulations, offering a strategic approach to navigating the changing nature of carbon emissions in the maritime sector.
The EU ETS comes as a result of the increasing regulatory landscape imposed by the International Maritime Organization (IMO) and the EU when it comes to reducing GHG for vessels transiting European waters and docking at European ports
For more information on the contract clauses, please go to https://www.bimco.org/contracts-and-clauses/bimco-clauses/current/ets-shipman-allowances-clause
Dubai discussion
DeepSea Technologies, the AI-led maritime technology company and energy efficiency experts, hosted a panel discussion during COP 28 in Dubai, discussing the industry’s challenges and potential solutions, including sharing views on shipping’s inclusion in the EU ETS.
The panel featured Konstantinos Kyriakopoulos, CEO, DeepSea Technologies; Andreas Enger, CEO, Höegh Autoliners; Katerina Bodouroglou, MD, STEM Shipping; Stamatis Tsantanis, CEO, Seanergy Maritime; and Vassilis Triantafyllos, Special Advisor to the Secretary General for Energy and Mineral Resources, Hellenic Ministry of Environment and Energy.
“COP 28 is the time to get real,” DeepSea’s Dr Kyriakopoulos said, pointing to the abundance of discussion around ‘pilot projects’ and grand strategies. Exploring the greatest obstacles to meeting current targets, he likened shipping to a ‘dinosaur industry’, citing how most ships are still communicating with shore-based teams via one manual email per day. “The truth is that most companies still don’t really understand how their ships behave,” he said, referring to the recent DeepSea research, which found that survey respondents considered their knowledge of their own fleets’ performance to be at 80%, leaving a chasm of 20% – a hugely significant number given what this equates to in terms of latent efficiency of both carbon and other emissions and ultimately, dollars and cents.
Turning to regulation, and how to best support shipping in its net-zero ambitions, the panel offered their thoughts on the role of individual governments and industry organisations, in comparison to global institutions.
“Shipping is a truly global industry and should be regulated as such,” said Bodouroglou, going on to share concerns about shipping’s inclusion in the EU’s Emissions Trading System (ETS). “Imposing regional measures such as EU ETS could harm both European-controlled shipping and the European port sector – it’s the politics of good intentions with bad outcomes. The EU should focus its resources on constructive research and international lobbying rather than undermining the competitiveness of its champion industries. Retaining its maritime independence is of vital importance for Europe’s economy and political future.”
In defence of the EU ETS, Tsantanis explained how it sheds light on the true cost of carbon. “Consumers don’t know what carbon costs. The EU ETS helps to increase awareness of this – by enhancing visibility, traders are made aware of what that cost is.”
“The ETS is scary and expensive, but it works,” Triantafyllos observed. Kyriakopoulos commented: “It’s not perfectly designed, but it is a manifestation of the EU’s will to tackle the problem. We should look forward to opportunities to refine it in the future – it’s a force for good, allowing us to direct our efforts across different sectors, towards the same goal.”
Weighing in on the importance of actively adopting currently available technologies, Höegh Autoliners’ Mr Enger said: “There is not one solution to decarbonisation. Fuel is one part, but efficiency is another. Embracing digitalisation is crucial to the green agenda. Artificial intelligence (AI) solutions stand at the forefront of this digital transformation, with these solutions having the potential to achieve a notable 5-10% fuel and emissions savings through voyage planning and route optimisation.”
Mr Tsantanis of Seanergy Maritime, said: “We’re instead investing in energy-saving solutions, like DeepSea’s AI tools and innovative hull coatings.”
“As mentioned already, software capable of providing full, crystal-clear detail on vessel operations is available now,” said Mr Kyriakopoulos. “These solutions are being adopted by those ship owners who are looking to not only stay ahead of tightening regulations, but also continue, fundamentally, to be operationally viable and commercially successful.”
To read DeepSea’s latest white paper, titled; “Voyages in HD”, visit the website here
Increasing costs
Voyage costs are set to increase with the EU Emissions Trading System (EU ETS) that will demand clarity on emissions both to determine stakeholder liabilities and manage compliance. Maritime Carbon Solutions (MCS), a joint venture between New York-based maritime software firm OrbitMI and broker Ifchor Galbraiths, has developed the Emissions Estimator tool to deliver an accurate readout of estimated CO2 emissions on various routes, showing both EU ETS cost exposure and the impact on the IMO’s Carbon Intensity Indicator (CII).
“With thousands of voyages from all segments, the machine learning in the Orbit platform has already established a position as a reliable supplier of crucial accuracy for the industry,” says Kenneth Aasland, Director of Ifchor Galbraiths.
Emissions Estimator is a live solution that has already been running for several months to support shipping companies with reliable EU ETS cost calculations, with many voyages now under way set to become subject to the regulation once it kicks in.
The EU ETS, set to be phased in for shipping from 1 January 2024, will require shipowners to surrender EU Allowances (EUAs), or carbon credits, to cover their annual emissions – initially for 40% of emissions, rising to 70% in 2025 and 100% in 2026 – for voyages within and to/from the EU.
This is effectively a tax on the use of fossil fuels that will hike significantly costs for a voyage in line with the prevailing carbon price, with EUA costs to be allocated across the value chain in line with the ‘polluter pays’ principle based on stakeholders’ relative share of emissions.
Calculation of these costs is further complicated by the fact that voyages starting inside the EU to a discharge port outside the bloc, or vice versa, will be liable for 50% of emissions compared with 100% for those solely within the EU.
With Emissions Estimator, the end-user creates a voyage route by inputting origin and destination ports, as well as reasonable expectations for time in canals and activities at ports along the way. The system then returns a visualization of the route, its length in nautical miles, overall duration and estimates for bunker consumption, overall CO2 emissions, the voyage’s impact on CII and its EU ETS exposure. The impact of weather on the route is also taken into account.
8. Law firms rebrand
Maritime legal firms, Thomas Miller Law and Davies Johnson have rebranded as Shearwater Law. The rebrand encompasses a new name, brand identity and website and is set to redefine the firm’s presence in the market.
The rebrand to Shearwater Law reflects a strategic approach to staying at the forefront of changes currently happening within the shipping and marine transport industries and a commitment to meeting and exceeding the evolving needs of the firm’s clients.
Jessica Maitra, Head of Legal Services at Shearwater Law, commented, “By building a new identity that reflects the way the business has developed over the last few years, we aim to reinforce our position as providers of responsive, knowledgeable and dependable legal services whilst continuing to deliver outstanding value for money.”
Alongside the new name and logo, a new website has been created showcasing the firm’s services and sector experience within the maritime world.
Readers can find out more about Shearwater Law and view the new brand identity and website at https://www.shearwater-law.com.
9. Crew survey
The 2023 SEAFiT Crew survey highlighted as a key outcome that the internet plays a vital role for life onboard. Over 70% of the crew members don’t experience difficulties in establishing good relationships with their colleagues and rely on high-quality internet access to maintain connections and communicate with their loved ones back on land, a need expressed by an astounding 91% of participants. Also, the survey brought to light several critical concerns that the industry has not given priority to in terms of seafarer wellness, including issues related to wages and shore connectivity. It underscored that the industry tends to react to problems rather than taking a proactive approach.
The survey took place during Q1 & Q2 of 2023, asking people onboard and ashore to provide feedback on how they perceive several wellness/wellbeing factors regarding their work and life at sea. In particular, participants were asked to answer questions that cover the following key aspects of crew welfare: Wellness; Communication on Physical/Mental health; Wellbeing Factors Onboard; Happiness issues; Physical Wellbeing issues; Mental Health Barriers and; Social Wellbeing Barriers.
The survey questionnaire was answered by a total of 18,352 Seafarers, serving on board 1,574 Ships. The majority of nationalities came from Asia and Europe and the majority of participants were from Philippines (37.3%). Other countries with high participation were Ukraine, India and Georgia. The ship category that involved the majority of participants was ‘Bulk Carriers’, as they form the 31.7 % of the fleet involved
10. Stolen goods
Reducing the threat of theft in the supply chain can have many lines of attack, and freight insurance specialist TT Club is advocating that of cutting off the market for stolen goods. Receiving stolen property is not just illegal, it provides a market for the criminals, consequently causing lost time, revenue and reputational damage to the rightful owners as well as the transport and storage businesses that serve them.
Theft of cargo is an ever-present concern within the logistics industry and prevention is in the interest of businesses, law enforcement agencies and the economy as a whole. As the industry seeks to understand the way that criminal networks operate, it is worth questioning what happens to goods after they are stolen. Organised criminal networks employ many of the same ‘business’ strategies used by legitimate supply chain operators. There are a myriad of examples of police forces uncovering large warehouses containing stolen goods, trucking operations engaged in the movement of those goods and incidents of stolen goods entering the retail market.
As TT’s Managing Director, Loss Prevention Mike Yarwood reports, “Earlier this year two containers of BBQ equipment destined for a high street retailer were stolen from a depot in the UK. Two months later the owner of the goods, shopping in another retail store recognised the equipment and, by tracing the serial numbers, was able to identify them as those stolen earlier in the year.” A ongoing legal wrangle has ensued but as Yarwood explains, “The moral of the tale is that a relatively ready market for stolen goods is accessible to thieves if unknowing ‘receivers’ do not take sufficient care to ensure the goods they purchase are legitimate.”
TT is promoting the need for more vigilance and is offering preventative advice to procurement managers that covers such means as:
- Forming strong, ongoing partnerships with trusted suppliers and thoroughly vetting all new suppliers
- Implementing a code of conduct that explicitly forbids unethical and illegal procurement practices, including whistleblower protection
- Verifying the provenance of all goods. All incoming goods should be accompanied by documentation such as bills of sale, invoices and shipping records
- Initiating regular audits to be conducted by an external party and conducting particularly stringent due diligence when procuring high-risk goods, such as electronics or luxury goods
- Engaging with law enforcement immediately if suspected stolen goods are identified
Yarwood emphasises the damage caused by theft, “A recent study by the University of Plymouth valued the cost of goods stolen in the UK alone during 2020 at £95.7m. However, the cost of the goods fails to take into account many other factors that impact on the businesses involved,” he highlights. “Every theft costs the transporter wasted resource as that particular order was not delivered; survey costs to assess the value of the lost cargo are incurred and, most importantly, reputational damage occurs that may lead to the future loss of business. Moreover, insurance premiums will rise for all participants.”
The wider impact on society at large include the funding of criminal organisations, which leads to not only further freight crime but other criminal activity. It is thought that the sale of stolen cargo has become one of the primary revenue streams for organised criminal groups around the world. Stopping, or at least reducing the market outlets for the proceeds of such thefts must become a priority of all supply chain participants.
For further information please refer to TT’s latest Supply Chain Security Bulletin HERE
11. Drone delivery
Port agency and services provider, S5 Agency World (S5) has announced it recently completed its first drone delivery of Cash to Master to the bulk carrier Nord Magellan, as it was anchored in Singapore, working with leading drone services provider Skyports Drone Services.
In collaboration with Skyports Drone Services, S5 were able to bring cutting-edge technology to the essential logistics of port agencies. The partnership offers a new way to realise carbon emissions reductions and reduce the environmental impact of port services.
The successful drone delivery unlocks new possibilities for reducing greenhouse gas emissions in the maritime industry. Compared to traditional methods of transportation, the company estimates a significant impact with the reduction of CO2 emissions from drone delivery services. Drone deliveries of this type can be completed in around 15 minutes, significantly faster than using traditional vessels, which take much longer. The approach substantially reduces GHG emissions and as a means to reduce delays in port calls, can create a more sustainable port visit, while minimising port time.
Mak Sin Cherng, S5 Agency World’s Global Sales Manager said “This innovative delivery approach shows how we can transform the operational landscape of port agency, but identifying new ways to conduct operations that reduce time, save costs and minimise emissions while vessels are in port. S5 is committed to delivering a new operating model for port services that embraces environmental, social and governance practices and, by creating more sustainable port calls, contributes to the maritime industry’s drive towards a cleaner future.”
Transitioning from traditional launch boats to drones for delivering Cash to Master (CTM) to vessels at sea is a game-changer for S5 Agency World. This new approach not only enhances operational safety by eliminating the need for agents to board vessels but also addresses the common risks associated with such operations.
12. Intelligent fingerprinting
Pan-European ferry and logistics company, P&O Ferries, is now using the portable Intelligent Fingerprinting Drug Screening System to support its drug and alcohol testing policy.
P&O previously used an external drug testing service provider to conduct random urine testing of seafaring staff on board its ferries. The testing process typically required multiple cabins with toilet facilities, HR support, external testers and a series of two-hour testing sessions across multiple voyages to conduct testing. This approach proved expensive and inflexible. Switching to an in-house programme using the Intelligent Fingerprinting Drug Screening System is expected to reduce P&O Ferries’ overall drug testing costs by 90%.
“When we first saw fingerprint sweat-based drug screening in action, we knew it would be a great fit for P&O Ferries and our need for a flexible system that we could use on board our ferries,” explained Grant Laversuch, Head of Safety and Designated Person Ashore at P&O Ferries. “This has proved to be the case, with the portable and non-invasive Intelligent Fingerprinting system giving us the ability to test on our ferries as needed. Having rolled out the innovative fingerprint solution to our ferries, we’re now looking at training additional HR team members so that we can extend the programme to our employees onshore”.
P&O Ferries will deploy the Intelligent Fingerprinting Drug Screening System at its three UK ferry port sites at Larne in Northern Ireland, as well as Hull and Dover in England. The Company’s portable DSR-Plus readers and screening cartridges will be used to randomly test seafaring staff on board ferries in line with the company’s drug and alcohol policy.
“The ease-of-use and portability of our Intelligent Fingerprinting Drug Screening System makes it a powerful solution for random workplace testing across different locations. P&O Ferries’ deployment of fingerprint testing on its ferries demonstrates the system’s flexibility. It’s great that we’re not only helping the company maintain a safe and efficient work environment, but also equipping it with a more cost-effective method of testing,” added Harry Simeonidis, President and Chief Executive Officer at Intelligent Bio Solutions.
13. Smart shipping
A smart ship partnership bringing together ship management company Laskaridis Shipping, digital technology provider METIS Cyberspace Technology and classification society Bureau Veritas (BV) has developed new notations reflecting the latest advances in digitalisation, and in particular the use of augmented data to optimise the efficiency of shipping operations and reduce greenhouse gas emissions.
The project, which was launched in June 2022, led to BV delivering an Approval in Principle to METIS Cyberspace for its METIS Ship Connect System, an automated data acquisition platform for the monitoring of vessel operations and subsystems. Furthermore, two new classification notations were awarded to the bulk carrier Leto, built in 2015 and managed by Laskaridis Shipping which is one of the 20 ships of the company’s fleet equipped with METIS Ship Connect.
METIS Ship Connect serves as the onboard Internet of Things (IoT) component within the METIS solution. METIS Ship Connect collects data streams from onboard sensors, instruments and automation control systems that are utilized by the METIS cloud–based platform to generate actionable intelligence. Essential vessel metrics such as fuel oil consumption, engine performance, electrical power production etc. are monitored in real time and through advanced data analytics and machine learning techniques the METIS platform provides optimization recommendations, predictive insights and regulatory compliance management.
With METIS Ship Connect on board, the bulk carrier Leto became the first vessel to be awarded the DATAINFRA notation, which was developed by Bureau Veritas as part of the project. The DATAINFRA notation recognises that the ship is equipped with data infrastructure consisting of data assets, technologies, organisations and data management processes, ensuring the reliable collection, transmission, storage, sharing and availability of data to multiple data consumers.
The Leto is also the first in-service vessel to receive BV’s SMART (EnE1-W, -S, -Em) notation, which recognises that the company and the vessel incorporate software and hardware that provide smart functions for the collection, transmission, analysis and visualisation of data related to energy efficiency, speed optimisation, weather routing and emissions monitoring.
Focusing on the use of big data and AI technology, the new notations and the METIS Ship Connect platform will help shipmanagers reduce greenhouse gas emissions from vessels and optimise performance. The project and notations’ scope support ship-to-shore connectivity, remote decisions and remote operations.
14. Stern tube-less
In an initiative set to be transformational for ship design while protecting the oceans from pollution, Thordon Bearings and Wärtsilä have announced the formation of the Blue Ocean Alliance to develop and promote the revolutionary stern tube-less ship concept.
The Blue Ocean Alliance brings together unrivalled maritime industry expertise, with seawater-lubricated bearings pioneer Thordon Bearings, systems integrator Wärtsilä, the School of Naval Architecture & Marine Engineering of the National Technical University of Athens (NTUA), naval architect SDARI (Shanghai Merchant Ship Design & Research Institute CSSC) and classification society, ABS, who championed the initiative in 2019.
The concept of a ship design that does not require a stern tube and eliminates the need for oil-lubricated stern tube seals and bearings is revolutionary. The design is also likely to save ship owners hundreds of thousands of dollars in capital and operational expenditure over a vessel’s lifespan, including no requirement for lubricating oil or biodegradable lubricants.
ABS has estimated that in a stern tube-less ship design, a two-week dry-dock re-alignment or bearing and seal replacement job, can instead be completed in a single day while the vessel is afloat.
Ship designer SDARI, in partnership with Thordon and NTUA, has already been granted an Approval in Principle (AIP) from ABS for the concept design of the stern tube-less vessel with Thordon’s COMPAC Split Seawater-Lubricated Aft Bearing. ABS is further developing a pertinent Guide and Notation for such a ship.
Thordon is calling the concept T-BOSS (Thordon-Blue Ocean Stern Space), a revolutionary sterntube-less propeller shaft system design, in which the vessel’s sterntube cooling tank is replaced with a dry irregularly shaped chamber, thus allowing for inspection and maintenance of a seawater-lubricated single bearing and seal from inside the ship, while afloat, without any need to withdraw the shaft.
The T-BOSS utilises Thordon’s award-winning seawater-lubricated COMPAC propeller shaft bearing system and the Wärtsilä Enviroguard Seal, which requires no maintenance between planned overhauls of up to five years. As well as eliminating the need to withdraw the propeller shaft for the lifetime of the ship, the COMPAC bearing comes with a lifetime bearing wearlife guarantee.
15. Carrier liability
As the TT Club says in an online analysis, in containerised transport it is easy to assume that everything that happens to the cargo between the point when it is packed to the point it is unpacked is within the responsibility of the carrier. The reality is that this will depend on the precise terms of the contract of carriage for any period when the international carriage regimes do not specifically apply. The decision in litigation between JB COCOA & Others v SAFMAFINE expounds this point.
The Facts
A shipper consigned a cargo of cocoa beans on a container ship from Nigeria to Tanjung Pelapas, Malaysia. Due to disputes between the buyers and the sellers, the cargo remained in the containers at a storage facility for around ten weeks after discharge, before being collected and destuffed. On destuffing the cargo was found to be suffering from condensation and mould damage.
The shipper claimed that the carrier had breached its duty under Hague Rules by failing to take reasonable care of the cargo until delivery. The carrier defended on the grounds that the damage was caused by inherent vice, and alternatively that its responsibility to care for the cargo ended on discharge from the ship.
The Judgment
It was agreed that the cargo was stuffed into the containers in good condition, and that the unventilated containers were properly lined and prepared for a voyage passing through variable weather conditions. The Court found on the facts, after taking expert evidence, that the damage to the cargo was caused by it remaining in the containers for a prolonged period after discharge from the ship. Therefore, if the carrier was responsible for the cargo between discharge and delivery, then it would be liable because, by neglecting to open the container doors to provide ventilation, it failed to take reasonable care. Precedent indicated that the burden of proof is on the carrier in such circumstances.
However, following Fimbank PLC v. KCH Shipping1, the court was guided by the contract of carriage as reflected in the terms of the bill of lading, which stated that:
the carrier’s liability for loss or damage occurring between accepting the cargo at the port of loading and tendering it for delivery at the port of discharge was determined by the Hague Rules; and
the carrier had no liability for loss or damage arising after the cargo was tendered for delivery.
As a result, the court agreed with the carrier that its period of responsibility ended on discharge, and it was therefore not liable.
Comment
This case confirms the decision in Fimbank that discharge is not the same as delivery and that the Hague Rules (and Hague-Visby Rules, which are identical in this respect) govern the carrier’s liability only between the point of loading and the point of discharge, with any liability for matters occurring before or after those points being a matter of contract.
1JB COCOA Sdn Bhd & Others v MAERSK LINE AS t/a SAFMAFINE (The “Maersk Chennai”)
[2023] EWHC 2203 (Comm)
16. Poseidon Principles
The Global Maritime Forum has a piece on its website outlining new standards of climate reporting with the Poseidon Principles 2023 annual disclosure report.
According to the Forum amidst a pivotal year for the maritime industry, marked by the International Maritime Organization’s (IMO) revised greenhouse gas emissions strategy, the Poseidon Principles have emerged as a driving force for change. These principles, which provide a framework for financial institutions to integrate climate considerations into lending decisions, represent 80% of the global ship finance portfolio. This initiative has not only inspired transparency initiatives in other sectors like steel, aluminium and soon aviation but has set an example of how financial institutions can play a positive role in accelerating climate action, through transparency.
The 2023 annual report marks the fourth time Poseidon Principles’ signatories have reported their climate alignment. In September, just a few weeks after the adoption by the IMO of its revised greenhouse gas GHG strategy, all of the signatories in the initiative, representing 13 countries, unanimously chose to align the Poseidon Principles methodology with the new IMO ambition, including the goal of achieving net zero emissions by or around 2050. This decision also accounts for emission reduction milestones in 2030 and 2040, employing a comprehensive lifecycle well-to-wake approach and broadening coverage to include a more extensive range of GHG.¹
“As its first-ever assessment of climate alignment against multiple decarbonisation trajectories aligned with the revised IMO ambition but also showing progress against the initial IMO ambition, the 2023 annual report illustrates how the Poseidon Principles aim to remain at the forefront of the latest global evidence and developments, especially at the IMO, even in the absence of all practical tools like the final IMO emission factors guidelines,” said Michael Parker, Poseidon Principles Chair and Chairman of Global Shipping, Logistics and Offshore, Citi. “By committing to net-zero emissions by 2050 and establishing emission reduction checkpoints to report against, the Poseidon Principles are not just meeting regulatory standards; we are setting the bar higher for responsible and environmentally conscious ship finance.”
Despite the challenges faced by the shipping industry in 2023, such as severe port congestion, personnel shortages, inflation, and geopolitical tensions, the Poseidon Principles’ growing influence on shipping’s decarbonisation is evident. The reporting results against the IMO’s initial GHG Strategy ambition of a 50% CO2 reduction by 2050 shows a considerable improvement, with an average score above the trajectory +2%², a notable advancement from last year’s +9.7%.
“The reporting percentage of +95.4% stands as a testament to the strong endorsement from shipowners and clients, indicating a growing trend in which industry stakeholders recognise and value the advantages associated with a more transparent and collaborative approach,” said Paul Taylor, Poseidon Principles Vice Chair and Global Head of Maritime Industries, Société Générale. “While Poseidon Principles signatories acknowledge significant challenges ahead, especially with the new IMO ambition to achieve net-zero by 2050, there is a collective sense of urgency, momentum and recognition of the task at hand.”
The publication of the Poseidon Principles 2023 annual disclosure report, featuring the transparent disclosure of the climate footprint within the ship finance portfolios, signals that the shipping finance sector is leading the way in guiding the maritime industry toward a more sustainable future.
The 2023 Annual Disclosure Report was produced by the Global Maritime Forum, which performs secretariat services for the Poseidon Principles, with expert support provided by UMAS. The upcoming year will see the Poseidon Principles fine-tune trajectories and methodologies, building on the lessons learned from the current report and outcome of MEPC 81.
The Poseidon Principles 2023 Annual Disclosure Report is available for download here.
[1] Regarding the 1.5ºC goal, the IMO’s revised strategy, though more ambitious than expected, lacks complete alignment with the Paris Agreement. Despite this, analysis of MEPC 80 reveals that GHG reduction levels in the new Poseidon Principles trajectories closely mirror the 1.5ºC shipping pathway. Due to this similarity, the Poseidon Principles prioritised integrating the IMO revised strategy, delaying an additional trajectory for a 1.5°C future in this reporting cycle. While the trajectories in this report don’t directly align with the 1.5ºC goal, incorporating those representing the 2023 IMO GHG Strategy is a significant move towards Paris Agreement alignment.
[2] The 2% figure signifies that Signatories’ portfolios, on average, exceed the IMO’s 2018 ambition. A positive score above the trajectory denotes misalignment, indicating emissions surpass the IMO goal. Conversely, a negative or 0 score below the line signifies alignment, with emissions falling below the IMO ambition.
17. Radio communications
Information on regulatory changes is to be found on the Lloyd’s Register website. A revised SOLAS Chapter IV containing requirements for radio communications applies to new and existing ships on or after 1 January 2024.
This has been published by the IMO as Resolution MSC.496(105). It has also published guidelines in COMSAR.1/Circ.32/Rev.2 – Harmonisation of GMDSS Requirements for Radio Installations On Board SOLAS Ships, which will also take effect on 1 January 2024.
Impact of Amendments
The amendments to SOLAS Chapter IV have the following major consequences:
For ships operating in sea areas A3 or A4, HF direct-printing telegraphy (NBDP) is no longer required for transmission and reception of distress and safety radiocommunications. However, shipowners may choose to retain HF NBDP equipment for reception of maritime safety information (MSI).
NAVTEX, EGC and HF NBDP receivers will no longer be mandatory. The amended Regulation IV/7.1.1.4 states that “every ship shall be provided with a receiver or receivers capable of receiving MSI and search and rescue related information throughout the entire voyage in which the ship is engaged”. Operators will need to decide what equipment is needed, depending on the ships trading pattern. IMO circular MSC.1/Circ.1645 gives guidance on choosing equipment to meet the new requirement.
The SOLAS amendments have moved the requirements for carrying two-way VHF radiotelephone apparatus and search and rescue transponders (SARTs) from SOLAS Chapter III to Chapter IV. This change has necessitated some amendments to the wording of the related SOLAS certificates. The changes also affect certificates related to the SPS Codes, HSC Codes and MODU Codes.
Notices and Miscellany
Engine room procedures
The International Chamber of Shipping has announced a new edition of the Engine Room Procedures Guide which can now be pre-ordered. The guide provides authoritative and comprehensive guidance on engine room procedures, to ensure that ships’ engine rooms are operated and managed safely while protecting the environment.
This new edition is priced at £180 and is available in print and ebook. Find out more and order from ICS Publications.
Order your copies today
TT Club changes
TT Club has announced a change to its New Jersey office leadership. After 29 years at Thomas Miller, TT’s management company, Leo Kirchner will retire at the end of June 2024. Succeeding Leo as TT’s Regional General Manager – Americas from 1st January 2024 will be Graeme Sassarini.
Assuming Leo’s role as CEO for Thomas Miller Americas (TMA) will be Leanne O’Loughlin, effective from 1st January 2024. Leanne is currently Regional Director of UK P&I Club in New Jersey having joined TMA in 2019 from a London-based P&I Club.
And finally,
With thanks to Paul Dixon
POLICE QUOTES
“The handcuffs are tight because they’re new. They’ll stretch out after you wear them awhile.”
“If you run, you’ll only go to jail tired.”
“So, you don’t know how fast you were going. I guess that means I can write anything I want on the ticket, huh?”
“Yes sir, you can talk to the shift supervisor, but I don’t think it will help. Oh, did I mention that I am the shift supervisor?”
“Warning! You want a warning? O.K., I’m warning you not to do that again or I’ll give you another ticket.”
“The answer to this last question will determine whether you are drunk or not. Was Mickey Mouse a cat or dog?”
“Yeah, we have a quota. Two more tickets and my wife gets a toaster oven.”
“Life’s tough, it’s tougher if you’re stupid.”
“No sir, we don’t have quotas anymore. We used to have quotas, but now we’re allowed to write as many tickets as we want.”
“Just how big were those two beers?
“In God we trust, all others are suspects.”
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.
