Lloyd's Register
The American Club
Panama Consulate
London Shipping Law Center
Home HRAnimals The Maritime Advocate–Issue 853

The Maritime Advocate–Issue 853

by admin
581 views

The Maritime Advocate is free to readers and is entirely supported by advertisers and sponsors. A banner advertisement represents excellent value so please consider using us whenever you have a commercial message to place. We have banner opportunities on our website https://themaritimeadvocate.com and are also on the lookout for new sponsors. If you wish to get a quote please email us at contactus@themaritimeadvocate.com for details.

IN THIS ISSUE

1. Always seaworthy?
2. Vessel design
3. Charter termination
4. Liability for fraud
5. Safety standard
6. Bridge collapse impact
7. Emissions bill
8. Fit for 55
9. KR data
10. Cargo crime
11. Pest contamination
12. Middle East challenges

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


1. Always seaworthy?

A modern ship is a complex creature, packed with different systems, machinery and equipment and at any one time it is inconceivable that they will all be operating without any fault. You might argue that ships have always been like that and the essence of seamanship and good marine engineering is to have the skills necessary to “work around” any temporary deficiencies until they can be made good. With the ship at sea, such dependence on alternatives; the “jury rig,” or auxiliary power sources, may be essential to keep the ship operational, or on schedule.

In the modern ship, alarms, we are told, are sounding with “alarming” frequency, set off by vibration or a myriad of other causes and the judgement of the contemporary marine engineer is required to assess whether these need further action, or merely to cancel the nuisance. But, as a very experienced Chief Engineer said recently, there is no ship afloat with something that doesn’t need fixing. But how serious is serious -that is the question?

These thoughts came to the fore upon reading that agents of the US Federal Bureau of Investigation are now poring over the records aboard the Dali as she lies still pinned by the wreckage of the Baltimore bridge on her foredeck. While the investigators of the National Transportation Safety Board will be analysing the circumstances of the accident in what might be considered a holistic fashion, the role of the “Feds” will be to ascertain whether any Federal regulations appertaining to the operation of the ship might have been breached.

One might suggest that they will be looking exceptionally closely at any previous technical faults that might have a bearing on the temporary blackout which seems to have been responsible for the crash. Who, in the operational chain that leads from the ship to its technical management ashore, charterers and ultimate ownership, knew about what? And was any of this relevant to the circumstances of the accident?

All of this is to be expected in any major accident today, especially when the costs of the calamity will be so staggeringly high. The questions of liability, which will resound long after the ship has been released from the wreckage, will surely come to the fore as the regulators and lawyers assume a more prominent role. Matters of seaworthiness will almost certainly be the source of forensic analysis, as experts weigh up whether any of those faults which might have been registered by the ship’s staff in the months (or even years) prior to the accident had any important bearing to the subsequent events. Ultimately, there may well be an attempt to circumscribe the efforts of the owners to limit their liabilities, based on the conclusions of the Federal authorities.

Accidents happen, it is often said in a placatory fashion, but these days it will be a rare incident in which blame does not adhere to one party or another. There used to be a wonderful word used extensively in English law – “reasonable” – but it is heard rather less in an era where blame is rather more important. Was it reasonable for the ship to sail, bearing in mind what was on the lists of faults (if any) that had been previously logged by her on-board staff and technical management?

 But, we might also ask whether it was reasonable for the authorities responsible for the bridge in Baltimore not to have taken a more precautionary approach, as they saw the size and dimensions of ships more than quadruple in the fifty years since the structure was erected. Did nobody in authority foresee a ship coming down on the ebb “losing it” close to the bridge? They could, with hindsight, have spent some money on properly armouring the columns on either side of the deep-water channel, or at the least mandated the requirement for tugs to remain attached to large passing ships. Any possible liabilities here?

It is possible to erect formidable defences against a ship strike, as evidenced by other casualties. If this is in any doubt, there was quite amazing photographic evidence of an incident in January, when a large bulk carrier went out of control in the Parana River in South America. The vessel rammed into the concrete protection, which appeared completely unscathed, as did the bridge itself. By contrast, three compartments on the vessel’s port bow were ripped open.

By Michael GreyMichael Grey is former editor of Lloyd’s List


2. Vessel design

International Transport Intermediaries Club (ITIC) has highlighted the importance of robust vessel design reviews and related insurance coverage throughout the construction process following a recent dispute between a naval architect, a shipowner and a shipyard regarding a vessel’s operational performance post-delivery.

The vessel, a 24-metre catamaran servicing the offshore oil and gas industry, faced considerable operational limitations. This was attributed to unexpected vibration issues in the vessel’s rudders, leading to hull stress and subsequent structural cracking.

Despite the naval architect’s best efforts to solve the problem and the shipowner and shipyard’s collaboration to rectify the causes through various modifications, no significant reduction in vibration was achieved.

Upon further investigation, it was discovered that the vibrations in the rudders were caused by cavitation due to the original propeller designs. Cavitation is the formation of bubbles from a nearby moving blade, such as the propeller, which results in the pitting of the rudder and/or blades’ surface. Despite the naval architect’s proposal to change the propellers, which was covered by ITIC, the modifications only marginally decreased the vibrations and the vessel still failed to meet its intended speed and performance specifications.

After analysing the situation, third-party experts concluded that the most likely cause of the problem was the insufficient clearance between the propellers’ tips and the vessel, which resulted from the original design by the naval architect. However, the experts also recommended replacing the rudders and correcting the rudder support structure as it was found that the rudder support structure was not constructed according to the naval architect’s design. This needed to be rectified before it was worthwhile moving the propellers.

The vessel’s owners faced operational and financial problems as a result of these issues and took legal action against both the naval architect and shipyard. They sought damages for rectification costs, loss of earnings, diminution in the vessel’s value, and other related expenses. As a result, they filed a claim of US$5 million plus legal costs and interest.

Following a long legal process, that involved challenges in obtaining expert evidence to support the claim, all parties opted for mediation. Due to limited personal funds and policy coverage limits, the naval architect agreed to a settlement contribution of US$400,000, indemnified by ITIC. This amount represented less than 10% of the original claim.

Mark Brattman, Claims Director at ITIC, said: “The agreement reached between the parties involved in the dispute not only resolved the matter at hand but also emphasised the intricate interdependencies involved in maritime design and construction. It highlights the significance of conducting a thorough design review, and, where possible, making sure the builders adhere to the design specifications. It is important for the designer to have insurance coverage in place to manage the risks that come with maritime design. The designer potentially faces claims from both the end user and the shipyard if the vessel fails to perform. The costs of defence, even if the designer hasn’t made an error, can be incredibly high. Proper insurance can help the designer rest easy.

“Our advice to members is to review their internal protocols and procedures to reduce the likelihood of similar errors not being spotted in the future and to ensure they have sufficient insurance cover, thereby mitigating the risks of potential losses and legal costs,” Brattman concluded.


3. Charter termination

In the firm’s London Calling series, Patrick Knox and Brian Perrott of Holman Fenwick and Willan have been looking at the issue of charter termination and whether the termination of the head charter kills the sub charter.

Albeit involving rather particular facts, a recent case* highlights the risks for lenders, owners and charterers in the event of the termination of a head charter.
 
The termination was of bareboat charters entered into by way of the financing of the purchase of two Ro-Ro ferries by the charterers from the owners.  The owners argued that as a result of the lawful termination of the head charters (in turn the result of a “termination event”/”change of control event” affecting the family holding company that controlled the charterers), a series of back-to-back sub bareboat charters (all involving companies under the control of the same family holding company) had also been terminated (the result of a similar “termination event”), thereby entitling owners to redelivery.
 
The various charterers and sub charterers challenged that.
 
The question for the court was the legal consequence of the termination of the head charters on the various sub charters.
 
It held that, as a result of the contractual arrangements agreed between the parties (rather than pursuant to any general matter of principle) the sub charters automatically terminated when the head charters terminated, so that the charterers and sub charterers were bound to redeliver the vessels.  It was thus important that the contractual documentation provided that the various charterparties were to be on back-to-back terms, such that, when the head charters terminated, so too would the sub charters.   
 
Against that background, the court did not need to make findings as to the adequacy of notices given by owners to the various charterers and sub charterers.  Nevertheless it offered a critique of the terms of these notices had they in fact been necessary to justify termination of the sub charters, making clear that separate notices should have been served on each sub charterer, and that these should in general terms have been served as soon as possible.
 
Despite turning on particular facts, the case is a reminder both to contemplate and to document what will happen under sub charters in the event of termination of head/superior charters.
 
*  SY Roro 1 Pte Ltd & anr v. Onarato Armatori Srl & ors [2024] EWHC 611 (Comm)


4.  Liability for fraud

In a second case, Brian Perrott and Colin Chen of HFW have been looking at the issue of  excluding liability for fraud?
 
Case1 background

Pursuant to a research agreement, the defendant university conducted research into a drug patented by the claimant. The principal investigator published a paper which was withdrawn because the paper was allegedly “infected by errors”.

The claimant alleged that the defendant had breached the contract, causing the loss of more than £100 million of profits.

The defendant relied on exclusion and limitation of liability clauses: “11.4 Except as provided in clause 11.5 the [defendant] is not liable to the [Claimant] because of any representation (unless fraudulent), or any…non-performance of this Agreement, for: any loss of profits…11.5 The liability of a Party…(except in the case of…fraudulent misrepresentation) shall be limited to £1 million” (emphasis added).

The claimant argued that the limitation of liability did not apply to its claim because the publication of the paper represented a dishonest (fraudulent) breach of the contract.

Decision

The High Court concluded that fraudulent misrepresentation was expressly carved out of the exclusion and liability clauses, but not loss of profits for dishonest breach.

Whilst the principal investigator had been careless, even if the claimant had managed to prove that the paper’s publication represented a dishonest breach, the clauses would have been effective in limiting the defendant’s liability.

It was said that: “A contracting party cannot exclude liability for its own fraud in inducing a contract”. However: “As to whether a clause excludes liability for fraud in performance of a valid contract is a matter of construction of the commercial provisions and risk allocation”.
 
Comments

This case acts as a reminder that it is important to carefully consider how clauses are drafted.

In this case, referring to fraud in the specific context of misrepresentation was legally significant. It may be too broad of a statement to say that liability for fraud can never be excluded.

1 Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corp [2024] EWHC 35 (TCC)


5. Safety standard

Survitec, the global Survival Technology solutions provider, has become one of the first maritime safety companies to achieve ISO 23678:2022 1-4 certification.
 
This standard was introduced in 2022 to establish the uniform and consistent training of personnel involved in lifeboat inspection, taking into account the mandatory requirements of resolution MSC.402(96).
 
Achieving ISO 23678 certification was also a key factor in Survitec receiving renewed approval for the maintenance, inspection, and testing of lifeboats on vessels operating under Lloyd’s Register (LR) classification.
 
Matt Macfarlane, Head of Service Operations at Survitec, said: “By adhering to the stringent principles incorporated into the ISO 23678 standard, we have significantly broadened our scope of certification, enabling qualified and certified technicians to inspect, maintain and test an increasingly extensive range of equipment supplied by an array of different manufacturers.”
 
Survitec’s Marine Training Academy (MTA) successfully received certification to the new ISO training standard. Simultaneously, the company also developed a new internal, dynamic database tool to facilitate technician competence tracking, ensure compliance with certification requirements, and aligning with audit standards.
 
ISO 23678 has streamlined the requirements and standardised certification training to ensure all technicians are competent, certified, and qualified by an authorised body.
 
Macfarlane added: “The ISO standard has the potential to significantly improve maritime safety globally through the standardised certification of service technicians to ensure all technicians are competent, certified, and qualified by an authorised body.
 
“As the largest company to achieve this standard, we see great benefit to the industry, and we call on regulators to adopt it to significantly enhance safety standards.”


6. Bridge collapse impact

The collapse of the Francis Scott Key Bridge in Baltimore has caused supply chain disruption on the US East Coast but, so far, it has not seen an increase in ocean freight container shipping rates, according to market analyst Xeneta.

Data released this month by Xeneta, the ocean freight rate benchmarking and intelligence platform, revealed average spot rates from the Far East into the US North East Coast (including Baltimore) have fallen slightly (-1%) since the bridge collapse on 26 March to stand at USD 5421 per FEU (40ft shipping container).

When including other US East Coast ports such as New York / New Jersey, rates from the Far East have decreased by 3% in the same period.
Average spot rates from North Europe to the US North East Coast have fallen by a larger 8% in the same period to stand at USD 2357 per FEU. When including other US East Coast ports, rates have decreased by 4%.

Peter Sand, Xeneta Chief Analyst, said: “Spot rates have not reacted but that doesn’t mean shippers with cargo heading to Baltimore are not affected – on the contrary they are seeing containers arriving at ports they were not expecting.

“The majority of containers will now be handled at New York / New Jersey because many of the ships originally bound for Baltimore would have been stopping there anyway, which is perhaps why we haven’t seen an upwards impact on rates.

“Ocean freight container shipping rates may not have increased following the bridge collapse, but this incident is yet another problem for shippers to handle on top of all the other disruptions impacting supply chains at the moment, including the ongoing diversions in the Red Sea region and drought in the Panama Canal.”

On Friday, 5 April, the Port of Baltimore issued an update stating it expects to open a 280-feet wide and 35-feet deep federal navigation channel by the end of April, followed by a reopening of the permanent 700-feet wide and 50-feet deep channel by the end of May, restoring port access to normal capacity.

While shippers will welcome a timeline for the reopening of maritime lanes into Baltimore, Sand believes importers into the US East Coast could be set for further disruptions in 2024 due to labor negotiations.

The International Longshoremen’s Association’s six-year contract with the United States Maritime Alliance, which represents port terminal operators and ocean carriers on the East Coast, expires on 31 September – and no new agreement has yet been reached.
Sand said: “The threat of labour strikes on the East Coast has the potential to cause far more disruption to ocean freight shipping than the collapse of the Francis Scott Key Bridge.

“The clock is ticking and if no agreement is reached then the implications will be significant and widespread disruption at US East Coast ports. This would almost certainly see rates increase for ocean freight container services and could see some shippers choosing to head back to the US West Coast or Mexico for imports.”


7. Emissions bill

Singapore-registered vessels will be required to contribute a significant €330m share of Asian shipping’s total emissions liabilities under the EU ETS, underlining the importance of the Lion City as a key maritime hub for both global trade and decarbonization, according to OceanScore.
The Hamburg-based maritime technology firm’s modelling analysis shows that 5.5 million EU Allowances (EUAs), or carbon credits, will have to be surrendered for some 1120 liable vessels registered in Singapore once the EU Emissions Trading System (EU ETS) is fully implemented in 2026.
The cost calculation, which is based on the current carbon price of €60 per tonne of CO2, accounts for around a third of €1 billion in total emissions liabilities for Asia-based players previously estimated by OceanScore.

The volume of EUAs required of Singaporean players amounts to roughly 7% of nearly 80 million EUAs to be surrendered by shipping globally, with the share of EUAs for companies domiciled in the island nation expected to rise by about 3% annually, based on historic data modelling.
 
This means Singapore is second only to China and Hong Kong, together with Taiwan, in having the highest number of EUA commitments among non-European countries and is also ahead of non-EU European nations like the UK and Norway, which will have to surrender 4.4% and 3.8% of global EUAs, respectively.

“These figures clearly demonstrate the importance and continued growth of Singapore as a magnet for international shipping due to the advantages of its geographical location, as well as world-class port infrastructure, a diverse maritime services cluster, business incentives and green shipping initiatives,” says OceanScore’s co-Managing Director Albrecht Grell.

Singapore is situated along the Strait of Malacca, a heavily trafficked waterway that connects the Indian and Pacific oceans for ships sailing between East Asia and Europe. This strategic position reduces voyage distances, fuel consumption and transit times for ships, which contributes to making Singapore – the world’s largest bunkering port – an economically attractive location for maritime activities.

The port is one of the world’s busiest shipping hubs, with annual tonnage arrivals increasing 9.4% to a record 3.09bn gross tonnes last year, reflecting growth across all ship segments despite a global trade slowdown, while container throughput grew by 4.6% to a new high of 39.01m TEUs in 2023, according to the Maritime and Port Authority of Singapore (MPA).

Mirroring this growth in traffic, the Singapore Registry of Ships surpassed the 100 million gross-tonnage milestone for the first time earlier this year, with a total of around 4000 vessels now registered, while Singapore hosts over 180 international shipping groups, the MPA states.

Grell says that 20% of Singapore’s EUA contribution will be paid for by four major container lines that have set up management units in Singapore – CMA CGM, K Line, MOL and NYK, with CMA CGM alone accounting for more than 10% of all Singapore’s EUAs.

“The fact that another 25% of EUAs can be attributed to just six of the largest foreign-owned third-party ship managers active in Singapore underlines its attractiveness as a global shipping hub,” he adds. Among ship management companies active in Singapore are Anglo Eastern, OSM Thome, Fleetmanagement, Columbia Ship Management, Bernhard Schulte and others.

The number of liable Singapore-registered vessels represents around 9% of the total 12,500 cargo and passenger ships above 5000gt that are currently subject to the EU ETS.

The EUA cost burden per Singaporean vessel is though below that of the average vessel in European trade due to both fleet mix differentiation – with EU-registered cruise and ropax vessels having higher emissions intensity – and the fact voyages to/from Europe are liable for 50% of emissions, versus 100% for those between European ports that are undertaken more frequently by EU-domiciled shipping companies, according to OceanScore.
Excluding cruise and ropax, the proportion of Singapore’s EUA liabilities is similar to that of Europe for the main ship segments, with container vessels accounting for 29% of its EUAs and tanker and bulk shipping 19% each.

But Grell points out an “interesting anomaly” is that 11% of all EUAs to be contributed by Singaporean shipping are caused by emissions during port calls in Europe, versus an average of 6% for EU-registered vessels, across all ship types and segments. “Given the price of emissions will only increase, this is worth exploring,” he says.

OceanScore is now supporting a growing number of non-European shipping companies with EU ETS compliance through its web-based digital application ETS Manager, an end-to-end management solution for tracking, allocation and accounting of EUAs to simplify complexity and mitigate risk.

The firm, which is soon set to open a representative office in Singapore, currently serves more than 70 shipping companies worldwide, representing over 1000 vessels.

The Singaporean authorities, including the MPA, are taking a leading role in decarbonization of shipping through initiatives such as bunkering standards and infrastructure to promote alternative fuels and a local carbon tax. And Grell believes EUA costs exposure will further incentivize investments by locally registered shipping companies in carbon-reduction technologies to cut emissions, in line with the purpose of the EU ETS.

“With its many leading shipping companies, relevant initiatives and an innovative maritime cluster, Singapore is taking a forward-leaning approach to promote green operations and is well-prepared to succeed in an environment where emissions are increasingly impacting the bottom line,” he says.


8. Fit for 55

Lloyd’s Register’s new report on Fit for 55: Managing compliance and optimising operations under the EU’s new regime is now available.
The new report looks at the intricacies of the EU’s new regulations affecting shipping from 2024 onwards. It provides a comprehensive overview of the new EU Emissions Trading System and Fuel EU Maritime regulations, outlining the key compliance requirements and potential penalties.

It also delves into the broader implications of the “Fit for 55 ” package, encompassing the Alternative Fuels Infrastructure Regulation (AFIR), Revised Renewable Energy Directives (RED III) and Carbon Border Adjustment Mechanism (CBAM) .

The report offers actionable insights and recommendations for minimising exposure to carbon prices and penalties, highlighting the importance of effective fleet management and utilisation, strategic routing, charter agreements and efficient emission trading strategies.

To download this essential report for shipping click here.

Download the Report  


9. KR data

KR has unveiled the latest edition, version 22, of KR-CON, a comprehensive digital database encompassing nearly all the International Maritime Organization’s (IMO) instruments. Since its initial release in 2000, KR-CON has gained widespread adoption among maritime industry professionals and governments globally.

LEE Jungkun, General Manager of KR’s Convention & Legislation Service Team, remarked, “With version 22, we’ve focused on enhancing user experience and promoting environmental sustainability. We’re also planning to integrate AI technology later this year to improve functionality, enabling faster and more efficient information retrieval.”

The latest edition of KR-CON includes updates such as amendments to the Safety of Life at Sea (SOLAS) and the International Convention for the Prevention of Pollution from Ships (MARPOL), adopted in the 107th Maritime Safety Committee (MSC) and the 80th Marine Environment Protection Committee (MEPC) sessions, along with resolutions from the IMO’s 33rd Assembly in 2023. The database will continue to be regularly updated with new documents following their adoption.

KR-CON is now accessible via various platforms including a website, a mobile application, USB, and web installation version. It offers a wealth of resources such as IMO instruments, codes, resolutions, and circulars, available in both Korean and English. For further information on the 22nd version of KR-CON, please visit the KR website: https://www.krs.co.kr and the KR-CON webpage: https://krcon.krs.co.kr.


10. Cargo crime

Loss of purchasing power across the globe continues to fuel cargo crime according to   the recently published Annual Cargo Theft Report 2023 by TT Club and BSI SCREEN Intelligence which pinpoints high inflation as a primary macroeconomic driver of cargo crime patterns. The rise in food and beverages as a stolen commodity is one such indicator.

Key findings of the 2023 Report:

  • Increase in Food and Beverages (incl. alcohol) stolen from 16% to 24% of global total
  • Most common mode remains Road at 71%
  • Facilities as a location for theft down from 30% to 23%
  • Top countries include Mexico, USA, South Africa, Germany & Italy
  • Electronics slightly down at 9% of incidents but still significant in terms of value
  • Modus operandi differs by region: examples include ‘Blue light crime’ in South Africa & ‘insider activity’ in Asia

As in the past four years BSI and TT have come together to highlight the global cargo crime trends that were prevalent over the previous year. Their Report is intended to serve as cautionary advice to all concerned with supply chain security and also to provide mitigation recommendations to combat these threats which are likely to persist into the current year.

Tony Pelli is Practice Director at BSI, he gives substance to the extent of these crimes, “Cargo theft is a problem that costs companies tens of billions of dollars each year and can cause significant disruption to important supply chains, from pharmaceutical products to semiconductors,” says Pelli. “Having accurate and up-to-date intelligence is the first step in combatting this problem and pinpointing the locations and types of theft that are most likely to harm global supply chains.”

“In identifying shifting crime patterns in terms of new fraudulent methodologies and a focus on both historic and current geographic risk, we seek to assist operators in tightening their security processes,” further explains TT’s Managing Director Loss Prevention, Mike Yarwood. “In addition to the details of the global trends in commodities stolen and the types of theft we have provided a series of case studies drawing attention to prevalent regional or country specific dangers.”
 
 These include an increase in olive oil thefts in Southern European countries following record poor harvests and a consequent rapid rise in the value of the oil, evidenced by the retail cost recorded on supermarket shelves. Also detailed are crimes in both Europe and the USA that employ various types of fraud, including identity theft, fictitious pick-ups and drop-offs and credit fraud.  In South Africa so-called Blue Light gangs, who imitate police in order to stop vehicles are becoming more common. Finally, awareness of corruption among employees and third-party contractors is particularly stressed in Asia, where much evidence exists of ‘insider’ activity leading to cargo theft from warehouse facilities and trucking operations.
 
In terms of mitigation Yarwood comments, “Our combined experience as insurance provider and supply chain intelligence gatherer is invaluable, not just recording the details of crime but also in recommending practical actions and process design suggestions that will strengthen supply chain organisations in their fight against the threat of theft. These too are itemised in our Report.”
 
The 2023 Cargo Theft Report is available for download free of charge HERE


11. Pest contamination

An updated version has been released of “Prevention of Pest Contamination of Containers: Joint Industry Guidelines for the Cleaning of Containers”, the World Shipping Council has announced.

 Every year, 250 million containers are transported across the world with food, clothes, electronics and other goods. While crucial for the smooth functioning of the global supply chain, containers and their cargoes can also harbour and transfer contaminating pests. All parties in the supply chain have a shared responsibility for stopping the spread of pests by keeping cargo and containers clean, and the Prevention of Pest Contamination of Containers: Joint Industry Guidelines for the Cleaning of Containers provide easy-to-use best practices to help everyone do their part. 

The previous update of the Joint Industry Guidelines for the Cleaning of Containers, published in 2023, was warmly received by regulators and industry, and has become a valued source of guidance when it comes to preventing pest contamination. The 2024 update provides further detail on the concept of custodial responsibility – the inspections and measures that each party in the supply chain should undertake when the container is in their custody, as well as the requirement for the receiving party to inform the tenderer if the container or its cargo has any visible pest contamination.
 
For the 2024 update, the industry parties behind the Guidelines – the Bureau International des Containers (BIC), the Container Owners Association (COA), the Institute of International Container Lessors (IICL) and World Shipping Council (WSC) – are happy to welcome the International Cargo Handling Coordination Association (ICHCA) as a new partner in supporting the implementation of the guidelines among cargo handlers.
 
“Each party in the international container supply chain has a custodial responsibility to make sure cargo and containers are clean when they arrive and when they leave their care. If we all live up to these standards, containers will reach their destination faster and our agriculture, forestry and natural resources are protected,” says Lars Kjaer, Senior Vice President of WSC.  
 
Experience shows that the introduction of new pests can severely upset an existing ecosystem, with serious ecological consequences and possibly billion dollar impacts on a nation’s economy. Regulators and national authorities play a central role in stopping the transfer of pests, but given the scale of global trade it is prevention – stopping pests from entering cargo or containers in the first place – that is the best solution. With the updated “Prevention of Pest Contamination of Containers: Joint Industry Guidelines for the Cleaning of Containers” BIC, COA, ICHCA, IICL and WSC are looking to further improve the level of prevention across the supply chain to stop the transfer of pests.

All parties in the supply chain – from manufacturers, to exporters, packers, freight forwarders, inland logistics providers, warehouse storage providers, ocean carriers, and importers – must take responsibility for maintaining cargo and containers clean when in their care. By applying the best practices described in the guide the parties can keep containers and their cargoes clean, fulfilling their custodial responsibility and reducing the risk of pest contamination and transfer.
 
Download a free copy here ((English & Chinese): Pests — World Shipping Council
 
The “Prevention of Pest Contamination of Containers: Joint Industry Guidelines for the Cleaning of Containers” are complementary to the direction provided in various guidelines published by the IPPC and in the IMO/ILO/UNECE Code of Practice for Packing Cargo Transport Units (“CTU Code”) regarding prevention of pest contamination of containers.


12. Middle East challenges

Geopolitical and economic challenges in the Middle East will come into sharp focus during London International Shipping Week 2025 (LISW25) when, for the first time ever, an Egyptian law firm takes a central role.

Eldib Advocates, a firm celebrating its 150 year anniversary, will be hosting a thought-provoking seminar during LISW25, with the primary discussion point being the need for Egypt’s regulatory alignment with international practices and Egypt’s crucial role in world trade.
Passage through the vital Suez Canal has fallen from an average of 70 vessels per day to nearer a little over half that number due to rerouting of vessels in avoidance of Bab-el-Mandeb, the strait between Yemen and Djibouti in the Horn of Africa.

Egypt has been hit with back-to-back impactful global adversities: the challenges faced during the Covid-19 pandemic, followed by the Russia-Ukraine war, and today the Red Sea crisis, creating a ‘triple whammy’ effect. However, Egypt continues to work to expand its maritime sector significantly with growth set to take effect soon.

Egypt’s ports are undergoing substantial expansion with throughput anticipated to triple over the coming years. Nada Eldib, Business Development Director of Eldib Advocates, says it is the right time for the country to establish a more internationally angled legal framework to enable it to become a key transit hub. As one of the oldest law firms in the Middle East, established in 1875 shortly after the Suez Canal came into operation, Eldib Advocates continues to work closely with the Egyptian entities, such as the Chamber of Shipping, to drive for this framework.

Ms. Eldib reveals: “There is a great appetite for positive change in the region,” highlighting the fact that both Egypt and Saudi Arabia have populations largely under 30 who are keen to innovate. “With difficult times come new solutions. Now is the time for new ideas,” she declares. “When you push the envelope a little then change is possible but it must be a united change. If everyone unites then we can change for the future.”
Eldib Advocates is planning a “challenging and disruptive” panel discussion during LISW25, which takes place 15-19 September 2025. She points to London’s central role at the heart of the global maritime industry and the foundation of a great deal of international law, commenting: “London is the ideal place to have these discussions and during LISW everyone will be there”.

Commenting on Eldib Advocates participation in LISW25, Managing Director of Shipping Innovation, organiser of LISW Gareth Long said “With this prestigious Egyptian law firm coming to LISW for the first time and hosting an event, it really highlights the international reach that LISW has and the importance of London as a global maritime hub. In these uncertain times of geopolitical risk, the world is looking for the stability and high quality services that London offers.”



Notices & Miscellany

Comment

Master Mariner Manjit Handa has offered the following comments on Michael Grey’s story in the last edition of Maritime Advocate

The evolution of acceptable risk

Continuing my follow up on the above, two trends that are currently spreading in the Ships’ Manning:-

a.  Removal of Electro-Technical OffIcer
Some years ago, the IMO moved to formalise the electrician certification as either an Electro-Technical OffIcer or an Electro-technical Rating. A detailed requirement of qualifications was included in the STCW. In the past two years, ship management have actually moved in the opposite direction by removing the ETO altogether. Instead, one of the Engineer Officers is expected to fill that role in addition to his normal duties. I am aghast at this policy but with time, as you mentioned, we will all come around to accept this new world order. There is, in the meantime, evidence that the absence of a dedicated ETO can have a negative effect on preventive maintenance of electrical systems.

b. Removal of the Mess Man
The Chief Cook used to be the head of a team of cooks. Now it’s only the Chief Cook. One advantage of this is that we cannot have a situation where too many cooks can spoil the broth. On the other hand, the lone Chief Cook has to work 7 days a week for the full term of his contract. Some companies have now removed the Messman too, leaving the Chief Cook as the sole galley guy. There is again evidence that this reduction can have a negative effect on basic hygiene in the galley and the provision stores.
 
MV DALI FALL OUT
China MSA announced a nationwide campaign of enhanced inspection of the vessel’s machinery and electrical equipment

This started on 7th April 2024 and continues until 31st October 2024.
The enhanced inspection will focus on the operation of electromechanical equipment.
Items subject to inspection include, but are not limited to:
•    Main Engines
•    Main engines security, remote monitoring, and auxilliary equipment
•    Ship’s boiler(s)
•    Main & emergency Generators
•    Steering gear
•    Crew proficiency in Electro mechanical equipment
•    Planned Maintenance System

Who gains?

Every ship will now have an Electro Technical Officer and may be an Electro Technical Rating too.
It has taken a USD 4 Billion error to rectify an unsafe condition.

Svitzer Europe

Svitzer Europe, a leading global towage provider, recently announced the appointment of Sara Gerdner Kalle as its new Chief Commercial Officer, effective from  1 April 2024. With a background spanning nearly 25 years in the logistics and supply chain industry, Sara brings a wealth of experience and strategic vision to her new role.

Sustainable shipping appointment

The Sustainable Shipping Initiative recently announced that The Mission to Seafarers is its newest member, further highlighting the importance of seafarers and seafarers’ rights and welfare in building a sustainable maritime industry.

SSI members, spanning the maritime ecosystem, are united by the belief that sustainability needs to be a core priority for the sector – and that a sustainable industry considers all three elements of ESG – environmental, social, and governance. SSI’s ongoing work on seafarers’ rights and welfare has resulted in the Delivering on seafarers’ rights Code of Conduct (developed with the Institute for Human Rights and Business and the Rafto Foundation) and has supported the development of the RightShip Crew Welfare Tool.

Brookes Bell

Brookes Bell, the leading technical and scientific consultancy for the marine and energy sectors, has recruited Dhaneshwar Nath as a Managing Marine Engineer in their Shanghai office.

Nor-Shipping theme

Nor-Shipping has announced that the main theme for its 60th anniversary exhibition and activity programme will be FUTURE-PROOF.
 
Taking place in Oslo and Lillestrøm, Norway, 2-6 June 2025, Nor-Shipping is now working with key stakeholders to tailor content and deliver opportunities that support decision-makers as they face a rapidly evolving industry landscape. Organisers have also confirmed that the exhibition space is already 85% sold out for what promises to be “both a memorable and critically important Nor-Shipping.”

Please notify the Editor of your appointments, promotions, new office openings and other important happenings: contactus@themaritimeadvocate.com


And finally,

(With thanks to Paul Dixon)

A young ensign had nearly completed his first overseas tour of sea duty when he was given an opportunity to display his ability at getting the ship under way. With a stream of crisp commands, he had the decks buzzing with men and soon, the ship had left port and was streaming out of the channel.

The ensign’s efficiency has been remarkable. In fact, the deck was abuzz with talk that he had set a new record for getting a destroyer under way.

The ensign glowed at his accomplishment and was not all surprised when another seaman approached him with a message from the captain.

He was, however, a bit surprised to find that it was a radio message, and he was even more surprised when he read, “My personal congratulations upon completing your underway preparation exercise according to the book and with amazing speed. In your haste, however, you have overlooked one of the unwritten rules — make sure the Captain is aboard before getting under way.


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 week 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.

**

Editor: Sandra Speares | Email: contactus@themaritimeadvocate.com

d]  View entire messag

You may also like

Leave a Comment