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Home Associations The Maritime Advocate–Issue 865

The Maritime Advocate–Issue 865

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IN THIS ISSUE

1. Building with confidence
2. CII review
3. IUMI reports
4. Charcoal carriage
5. Wind power
6. Methane reductions
7. Words matter
8. Plastic pollution
9. MEPC meeting
10. Deaths in enclosed spaces
11. Data standardisation
12. Sea survival
13. Emergency contacts
14. Slow steaming warning

Notices & Miscellany

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


1 Building with confidence

By Michael Grey

A contract for a newbuilding ship requires a certain degree of faith on behalf of both parties. The shipbuilder would like the assurance that the buyer will have the necessary funds to pay for the ship, but the faith that the buyer requires is of a different measure. There needs to be confidence that the yard itself has a reasonable level of financial stability, but as important, that the shipbuilder has the experience and expertise to produce a product, in the specified time, and fit for purpose.

One has to wonder whether these very basic and time-honoured tenets of ship procurement were even considered by the UK MoD as the decision to place the order for three Royal Fleet Auxiliary store ships with Harland & Wolff was taken some months ago. True, the construction would be overseen by the experienced hands of the Spanish shipbuilder Navantia, but even so there was no getting away from the lack of newbuilding experience in the Belfast yard, which completed its last merchant ship more than a decade ago, and has focussed on repairs ever since.

The requirement for the auxiliaries has been one long fiasco, which has reflected appallingly on the ability of the government of the day and the MoD to procure anything in a timely manner. From the day when it was decided that two large aircraft carriers were to be built in UK yards, the need for specialised store ship support for these ships became identified as crystal clear. It has now become apparent that, whatever might transpire with the Belfast yard, the carriers will be beyond the first flush of their youth before their vital auxiliaries are available. There is one ageing auxiliary dry store ship in service, as some bright spark in the MoD thought it a strategic move to sell her sister to a foreign government.

If there had not been such a fixation with building the ships in the UK, it is reasonable to suppose that the Navy would have had their RFAs in service today. But reality never overtook political posturing and the fact that the building of large merchant ships (a RFA store ship is largely a high spec merchant vessel with various tools attached) had long vanished from the UK, never seemed to be considered. The RFA had built abroad before, with its series of oilers from South Korea, which was just one country with valid experience in the construction of such vessels. There was plenty of relevant choice to provide competition.

There was depressing experience elsewhere of how the lack of a suitable naval auxiliary can leave a country’s warships dangerously exposed. When one of Canada’s auxiliaries was badly damaged by fire, the government, realising the problem, moved with alacrity to procure a fast containership and convert her to become an “interim” solution to the problem. The RN’s carriers, in the absence of accompanying  dry stores replenishment, have to seek a friendly port, something that rather does away with the desirable self-sufficiency of a carrier force.

Perhaps worst of all is the degree of naivete demonstrated in supposing that large ship building experience can be manufactured out of thin air, that all the skilled steelworkers, fabricators, electricians, pipeworkers etc will materialise with the inking of a shipbuilding contract. It was one of the UK’s few successful shipbuilders in modern times who observed that once the grass is allowed to grow on a shipyard’s ways, it will never start up again. It may not be entirely the case, but it is a long job to reassemble the necessary skills, even if a dock and a couple of cranes remain on a site. Apprentices need to be sought, huge amount of training will be required and supervisory staff with the necessary experience will need to be hired, to reactivate activities long departed. Ideally, one would begin with rather simpler craft than the sophisticated RFAs, even though the detailed designs might have been provided.

It is far from a happy situation, with the financial situation of the H&W yards teetering on the edge, following the government rejection of the £200m loan guarantee in the summer. There was, said a minister, “a substantial risk that taxpayer’s money would be lost.” It was not the expression of confidence, or faith, which was needed.

Michael Grey is former editor of Lloyd’s List


2.  CII review

The International Association of Dry Cargo Shipowners (INTERCARGO) has submitted proposals to the International Maritime Organization (IMO) calling for a review of the Carbon Intensity Indicator (CII) at the 82nd session of the Marine Environment Protection Committee (MEPC 82), being held between 30th September and 4th October at the IMO Headquarters in London.

Drawing on extensive studies that analysed data from over 5,600 bulk carriers, INTERCARGO has highlighted several key issues with the current CII system:

Impact of idle time: The studies show a clear correlation between increased idle time and poorer CII ratings, particularly for smaller vessel sizes. This idle time, which includes periods in port or at anchorage, is often beyond the vessel’s control.

Perverse incentives: The current CII framework may inadvertently encourage ships to run their main engines unnecessarily, for example when waiting at anchorage, potentially increasing overall emissions while improving their CII rating.

Inconsistent efficiency indicators: Vessels with E ratings often have lower average CO2 emissions compared to those rated A to D, suggesting the CII does not accurately reflect a vessel’s true efficiency.

Size-based disparities: Smaller bulk carriers, especially in the Handysize and Supramax/Ultramax segments, show a higher percentage of D and E ratings compared to larger vessels.

In light of these findings, INTERCARGO has proposed that the IMO:

Review and adjust the CII to better reflect a vessel’s true energy efficiency, rather than, by implication, reflecting the efficiency of a port or other factors outside the control of a ship.

Implement a system that further incentivises overall GHG emission reduction, rather than potentially resulting in encouraging behaviour that improves ratings but increases total emissions.

Consider a multi-phased approach to refining the CII, starting with solutions based on current data and progressing to more refined measures as additional data becomes available.

 Dimitris Monioudis, vice-chairman of INTERCARGO’s Technical Committee, emphasised the rigour of the analysis underlying these recommendations: “Our proposals are grounded in a comprehensive examination of verified IMO Data Collection System data from 2022. This wasn’t just a cursory review – it involved meticulous analysis of over 5,600 bulk carriers, conducted in collaboration with three major classification societies: ABS, Bureau Veritas, and DNV. This level of scrutiny provides a robust foundation for our recommendations and underscores the urgent need for a review of the current CII system.”

 INTERCARGO chairman,   Dimitris Fafalios, added: “The current CII framework, while well-intentioned, may be leading us down a path which contradicts our ultimate goal of reducing overall emissions. We’re seeing situations where ships might actually increase their total emissions to improve their CII rating. This is clearly not the outcome we’re aiming for so it is crucial that we refine this system to ensure it truly incentivises energy efficiency and emissions reduction across our industry.”

 INTERCARGO has urged the MEPC’s Working Group on Air Pollution and Energy Efficiency to examine how the CII can be adjusted to better align with the IMO’s decarbonisation goals for global shipping.


3.  IUMI reports 

Speaking at the International Union of Marine Insurance (IUMI) annual conference in Berlin, Germany, Mike Brews, Chair of the IUMI Cargo Committee reported a sustained improvement for the marine insurance cargo market.
 
According to IUMI’s own analysis, global cargo premiums for 2023 were USD 22.1 billion representing a 6.2% increase on the previous year. This increase demonstrated positive market development which has been sustained for a number of consecutive years. Similarly, cargo loss ratios were improving across many regions. In general, loss ratios tend to develop (ie increase) over time but the starting point for 2023 was significantly lower than in previous years. This, coupled with relatively low and stable claims, has created a positive environment for cargo underwriters.
 
“In general, the cargo market is healthy and in a good place”, said Mike Brews, “we appear to be in a good part of the cycle. Losses have improved over the past five years with major losses down year-on-year. It appears that carriers and operators are focusing much more on loss prevention which is good for all concerned, particularly those serving at sea.”
 
However, Mike Brews highlighted a number of areas which require careful monitoring, notably the change in global weather patterns. Major storms were becoming a concern for all insurance classes but with marine bearing the brunt. Marine cargo losses due to extreme weather events were no longer localised and resultant losses were starting to increase – this included static and in-transit cargoes. Similarly, containers lost at sea were also on the rise.
 
International conflict continued to be a concern with cargoes being affected as they transit high-risk areas such as the Red Sea and the Russia/Ukraine war zone. Hijackings were also reported to be on the increase globally.
 
Accumulation of risk on single vessels or in ports or other shoreside facilities continued to be an issue but assureds and underwriters were much more aware of the issue than previously, said Mike Brews: “Multiple consignments will always gather in single locations and ever-larger vessels will always carry large high-value cargoes. But today, the market is much more aware of stocks and values and is cognizant of the potential risk. Our knowledge of the issue is so much better and so we can take steps to mitigate that particular risk”.
 
He continued, “Today, insurance companies are paying more attention to their marine business than in recent years. Although marine is usually a small part of the overall portfolio, losses can be significant. Underwriting discipline is improving and companies are focusing on their loss ratios and not chasing business based on premiums alone. This is good news and, as a result, the market appears to be moving in a positive direction”.  
 
Times are changing

President Frédéric Denèfle focused on how change was likely to impact on all lines of marine insurance business.
 
Referring to the common theme of the conference “building on 150 years of enabling global commerce”, he said: “This year we celebrate the 150th anniversary of IUMI and its extraordinary history which started here in Berlin. We’ve seen our association grow from what was essentially a German organisation into a truly global institution that has become the accepted and trusted voice of the marine insurance industry across the world. Over those 150 years, marine underwriters have assisted, supported and facilitated global trade and we continue to do that today. However, times are changing rapidly and I foresee a different landscape for underwriters in the coming years”.
 
He highlighted the recent geopolitical tensions as one of the key drivers of change. War risks, sanctions and embargoes were increasing and this was impacting traditional shipping routes and international trade more generally. He raised concerns over vessel operators opting for the longer sea-routes around Africa to avoid high-risk areas and asked if vessels and their crews were prepared for the specific navigational challenges they would face. Financial costs and the environmental impact would also be a concern.
 
Denèfle also pinpointed changes due to the evolution of global markets, both technical and commercial, which would affect how vessels are operated and how cargo shipments and logistics chains would be organised in the future. Nearshoring would have a particular impact, he said.
 
Coupled with this, the steps being taken by the shipping community to reduce its impact on the environment were beginning to make themselves known. New fuels, new vessel designs, new operating practices and new regulations would all impact and would require a renewed focus. He specifically highlighted the EU’s Emissions Trading System that became law in January of this year.
 
More widely, change would be encouraged by the international economic situation and the relationship between countries and their appetite for global trade versus nationalism. More restrictions and regulations would inevitably lead to a reduction in marine cargoes. Conversely, many large countries were sitting on untapped commodities which would likely be exploited in coming years. This had the potential to unlock more cargo and new shipping routes, he said.
 
“There is much study and analysis being undertaken currently as we find ourselves in a position of real change being driven by so many factors”, said Denèfle.  “I feel we have reached the end of the globalisation process that began post second world war and accelerated with the GATT extension. The world is now starting to contract. In the past, as marine insurers we were free to write business across the world, and vessel and cargo owners were similarly free to place their insurance in almost any location they chose. This is no longer the case. Similarly, cargo trade restrictions are bound to lead to a reduction in shipping and, in turn, a reduction in global marine insurance premium.”
 
“Whilst we have a lot of issues to face over the coming period, marine underwriters have been around for many hundreds of years and I’m confident that our adaptability will ensure our survival  – and the survival of IUMI – for many years to come. We will continue to operate, albeit in a different way”.
 
Safety and security

Chairing the Policy Forum Workshop at the IUMI conference Neil Roberts (IUMI Policy Forum Chairman and Head of Marine and Aviation at Lloyd’s Market Association) affirmed that maritime safety and security remained at the top of IUMI’s agenda.
 
He gave an update on marine insurance implications related to the Red Sea, saying: “In the Red Sea, the international naval intervention helps provide insurers with the confidence to continue supporting trade as appropriate. However, vessels are still being regularly attacked and IUMI has been able to engage in constructive dialogue with EU Aspides on specific mitigation measures and to share the main learnings with our members. The complications brought by sanctions are a challenge to all in the maritime sector and it is important for insurers to keep an open dialogue with government bodies to try to avoid unintended consequences where there are losses of assets – and tragically seafarers – at sea.”
 
 During 2024, IUMI has been widening its work with IMO and has been actively involved in a number of IMO working groups with a strong focus on ship safety, the organisation said.
 
It has long been known that growing container carrying capacity has been outpacing mitigation measures and there have been multiple instances of ships having insufficient fire-fighting capacity. With ship fires still trending up, IUMI is supporting improved fire detection and a change to SOLAS so that fixed water monitors will be a mandatory requirement for newbuilds. This would be a material step forward in improved fire protection on future containerships since, currently, firefighting efforts are confined to portable water monitors and mist lances.
Container stacking and lashing are at the root of continuing losses of containers overboard and industry co-operation and regulatory changes will be needed as solutions are sought. As a practical illustration of that, IUMI is only able to participate in the TopTier Joint Industry Project thanks to the assistance of the German Insurance Association (GDV). TopTier is developing several recommendations to address the complex root causes of containers lost overboard which will be discussed at the IMO Sub-Committee on Carriage of Cargoes and Containers.

Loss prevention
 
At the conference,  IUMI made the link between loss prevention and the reality of society meeting its decarbonisation goals.
 
Pascal Dubois, Chairman of the IUMI Loss Prevention Committee reiterated the enormous challenge faced by society and highlighted three key requirements to effect change: financial investment, innovation and long-term political will. However, he argued that this would not be enough unless backed by a comprehensive programme of loss prevention.
 
“Climate change continues to impact our daily lives. As a Frenchman living in Paris, I’ve seen floods devastating my homeland making certain areas of France uninhabitable. We are all being impacted by changes to our environment. I believe society has the potential to be overwhelmed by the challenges it faces unless we develop and implement loss prevention as a prerequisite to tackling climate change. Without loss prevention, the capital investment required will simply be too high and political will might wane as a result.”
 
“Shipping has pledged to become carbon-neutral by 2050 and this will require a step change in innovation, technology and global cooperation. Participants will want to de-risk their activities as much as they can and this means their insurers will need to provide suitable cover. It will only be through fully understanding these new risks and implementing broad loss prevention measures that shipping will be in a position to invest, innovate and make the required changes.”
 
IUMI’s role is to interact and engage with international bodies such as the IMO to ensure the voice of the marine insurer is heard and to reinforce the role of insurance as an enabler of change. Additionally, IUMI – through its Loss Prevention Committee – is key to sharing knowledge on loss prevention activities and initiatives.
 
“Loss prevention is fast becoming much more important than ever before”, said Dubois. “If implemented intelligently, it will help us maintain a step ahead as we transition to a manageable low carbon future.”

For more details on the conference presentations see https://www.iumi.com


4. Charcoal carriage

CINS has released Comprehensive Guidelines for Carriage of Charcoal in Containers.

Charcoal is a widely used material for various purposes, including cooking, heating, and industrial processes and it is often transported in shipping containers. The transportation of charcoal in containers poses significant fire risks due to the potential for self-heating and spontaneous ignition.

Charcoal is described in the IMDG Code as “Black material originating from organic sources. Particularly includes carbon blacks, of animal or vegetable origin, other non-activated carbon materials and charcoal produced from materials such as bone, & bamboo, coconut shell, jute and wood.”

Factors contributing to this risk include improper packaging, inadequate ventilation, and failure to adhere to International Maritime Organisation (IMO) regulation of Dangerous cargo as codified in the IMDG Code.

The Cargo Incident Notification System (CINS) in conjunction with the International Group of P&I Clubs and the TT Club has released comprehensive Guidelines for carriage of charcoal in containers. The Guidelines include a description of the risks involved in carriage of charcoal, the relevant provisions of the IMDG code, recommendations for container selection, requirements for packing, container stowage and segregation and documentation. A PDF version of the Guidance document is available here.


5. Wind power

BIMCO’s WINDSEACON project is making steady progress in developing a time charterparty for supply of a vessel for the purpose of transportation and installation of offshore wind turbine generators, the organisation says.

Pernille Korsager, chair of the WINDSEACON Subcommittee, talked about the upcoming contract at the WINDSEACON  meeting recently.

WINDSEACON is a BIMCO initiative to create a comprehensive global standard contract for the transport and installation of wind turbines in offshore wind farms. The project aims to address the unique challenges and needs of the offshore wind industry, which is growing rapidly as a result of the global demand for more renewable sources of energy and the need for decarbonisation.

The project is led by a BIMCO subcommittee comprised of industry experts, representing various sectors including developers, vessel suppliers, turbine manufacturers, lawyers, and P&I clubs. The subcommittee is supported by a large sounding board of key market players, who will provide feedback and input throughout the drafting process. 

The subcommittee is currently in the process of drafting and expects to present its work for review by the Documentary Committee in October.

By providing a balanced and commercially viable standard contractual framework, WINDSEACON will make legal and commercial negotiations more effective and efficient, and reduce the risks and uncertainties involved in offshore wind projects. WINDSEACON will also reflect the collaborative spirit and the best practices of the industry stakeholders, and establish a solid foundation for the continuous evolution and growth of the offshore renewables sector. See the BIMCO website for more details.


6.  Methane reductions

The Methane Abatement in Maritime Innovation Initiative (MAMII) has opened a new protocol for consultation to encourage methane reductions in shipping.

The Methane Measurement Protocol (MMP) is the first industrywide effort to establish a universal method for measuring methane. This initiative aims to provide a practical system for the global shipping sector to credit, validate, and certify methane performance.

Building on established frameworks, such as those from the International Organization for Standardization (ISO) and the International Maritime Organization’s NOx code, the protocol has been released for public consultation.
 
Panos Mitrou, MAMII Chairman and Global Gas Director at Lloyd’s Register, said: “This protocol represents a proposed framework for emissions measurement and performance evaluation. Assessing and crediting performance in a consistent manner is essential to actively reducing methane emissions.
“We believe that the effort to regulate and establish a certification process to credit methane emissions performance will substantially encourage the development and adoption of technology and cleaner practices by rewarding those who take meaningful steps towards sustainability. Methane abatement is critical for the shipping industry’s transition to greener operations.”
 
The MMP features five testing scenarios that could lead to methane certification, from testing in controlled environments to continuous emissions monitoring (CEM) onboard ships. Currently, it includes the measurement of methane (CH4) emissions from marine diesel engines and could soon include the measurement of nitrous oxide (N2O) emissions.

Led by Safetytech Accelerator since 2022, MAMII was established to address methane emissions from ships using LNG as fuel. The initiative unites industry leaders, tech innovators, and maritime stakeholders, to advance technologies that monitor, measure and mitigate methane emissions. Methane, as a greenhouse gas, is the second-largest contributor to climate warming after CO2.
 


7. Words matter

Brian Perrott of Holman Fenwick Willan has been considering the power of words in a recent edition of London Calling.
 
He says he was recently quoted as saying: “Words are my commodity, and the words chosen will almost always dictate the outcome of a dispute”.  
 
The next alert is no exception, he says..
 
In a recent Court case, two points arose in a long, over 200 page judgment.
 
Matters focused on the meaning of words of exclusion or limitation. Did the exclusion of “loss of profit” extend to a claim described as “loss of anticipated savings”? Yes, the court concluded: savings made enhanced profits. The second question looked at whether the limitation clause was a “single cap” applicable to all claims. Yes, it was because the words used pointed in that direction.  It must be said that the clause was not word perfection!
 
Comment.

The words should dictate the outcome. Choose carefully.
 
Tata Consultancy v Disclosure and Barring service (2024) Constable J


8. Plastic pollution
 

By 2050, there could be more plastic than fish in our oceans, and while regulations exist to tackle plastic pollution from the maritime industry, they must be iterated upon and enforced more stringently, says Emma Forbes-Gearey, Loss Prevention Officer at West P&I Club.

The vast proportion, 80%, of marine plastic pollution originates from land-based sources like commercial waste and consumer litter. Meanwhile, the remaining 20% of plastic comes from the intentional or accidental discharge of ship waste and the loss of fishing gear. While 20% may seem a relatively low percentage of the total plastic pollution problem, that still amounts to a major amount of waste.

This plastic pollution wreaks havoc on the marine environment and finds its way into the food chain with the capability of impacting human health. It also affects maritime industries, such as legitimate and sustainable fishing operations. Looking at shipping, the effects are less but not inconsequential. Lost fishing gear, also known as ghost gear, can cause navigation hazards and lead to delays. Plastic can get caught in rudders, propellors and thrusters of a ships, with delays causing a knock-on effect to shipping supply chains.

Many plastics float and therefore drift with the prevailing currents and winds. This means they accumulate in common locations and form vast islands of floating plastic like the “Great Pacific Garbage Patch” – which is roughly 4.5 times the size of Germany. Concerningly, floating plastic is only the tip of the iceberg when it comes to marine plastic. The United Nations Environment Program estimates that only 15% of marine litter floats on the sea surface, another 15% stays in the water column, and the rest remains on the seabed damaging marine ecosystems.

As reported by the National Oceanic and Atmospheric Administration, a plastic bottle may also take up to 450 years to decompose, while a fishing line could last for 600 years. Most plastics are non-biodegradable and can endure for decades. Over time, these plastics fragment into tiny particles known as microplastics (less than 5mm), which are readily consumed by marine animals.

The United Nations Environment Programme estimates that at least 51 trillion microplastic particles could already be in the oceans. These can also absorb up to a million times more toxic chemicals than the surrounding water. Research indicates that toxic chemicals from plastics have already entered the human food chain. Plastic pollution is a major environmental and potential health hazard that must not be overlooked, so what does the regulatory landscape look like?

For almost 30 years, the International Convention for the Prevention of Pollution from Ships (MARPOL) Annex V has prohibited rubbish disposal from all ships. Recognising that more was needed to address ship-sourced litter, the IMO adopted an action plan to improve the effectiveness of port reception facilities. Furthermore, guidelines for MARPOL Annex V to address single-use plastics onboard ships were developed and adopted in 2017.

Besides MARPOL, another significant regulatory framework is the London Dumping Convention 1972. It aims to prevent the intentional dumping of waste or other substances from ships into the sea, except for those on the “reserve list,” which excludes persistent plastics.

In a separate development, the International Maritime Organization has agreed on draft recommendations for transporting plastic pellets on ships. These considerations were submitted to the Marine Environment Protection Committee for approval in its next meeting.

In March 2022, the UN Environment Assembly also came together to create new international legislation that would be legally binding on plastic pollution, with sections focusing on the marine environment. The completion date for the treaty negotiations should be December 2024, although details regarding the final contents are unknown.

These regulations do cover many key bases, however monitoring their implementation and effectively enforcing them presents major challenges. Flag states need more incentives to monitor regulatory compliance, and there are no particularly compelling reasons to prompt commercial deep-sea ships to retrieve plastic or abandoned gear encountered.

Plastic pollution from shipping or fishing gear continues to pose a threat to marine ecosystems and potentially human health, and a strong argument could be made that this is as damaging, if not more damaging, than oil pollution incidents, largely because most plastic does not break down for decades and centuries. It is not all doom and gloom, however. It is positive to see that marine plastic pollution is on the mind of regulators, the shipping industry and society. Significant progress can be made in 2024.


9. MEPC meeting

The International Maritime Organization’s Marine Environment Protection Committee (MEPC) meets in-person for its 82nd session at IMO Headquarters in London (with hybrid participation) from 30 September to 4 October, 2024.

MEPC 82 will discuss a range of environmental matters, including proposed mid-term measures for the reduction of greenhouse gas (GHG) emissions from ships, enhancing energy efficiency of shipping, tackling marine litter, ballast water management and underwater noise reduction. 

The MEPC meeting is preceded by the 17th meeting of the Intersessional Working Group on Reduction of GHG Emissions from Ships (ISWG-GHG 17), from 23 to 27 September 2024.  For details see the IMO website.


10. Deaths in enclosed spaces

Appalled that deaths in enclosed spaces continue to be all too occurrences in the the shipping industry, The Maritime Professional Council of the United Kingdom (MPC) supports calls for fundamental changes to ship operation and design. It welcomes the shipping industry’s new roadmap to prevent this needless loss of life.

MPC member InterManager, the global body which represents ship managers, has been at the forefront of raising this issue. It says: ”Seemingly innocuous compartments, cargo holds and fuel tanks, vital for storage and operation on board any vessel, have become graveyards for far too many seafarers due to a lack of attention, regulation, and understanding.”

A surge in enclosed space related deaths on ships in late 2023 led InterManager to call on the shipping industry to work together to improve safety in these challenging onboard areas. In December last year the deaths of three seafarers and five shore workers in accidents in enclosed spaces in just seven days brought the total known deaths in these dangerous areas of vessels in 2023 to 31. InterManager records these incidents on behalf of the wider shipping community. Its statistics show that since 1996, 310 people lost their lives in enclosed spaces on ships – 224 seafarers and 86 shore personnel in 197 accidents.

InterManager’s secretary general Captain Kuba Szymanski warned: “It’s a minefield. We’ve created an unsafe environment, and then we blame people for not navigating it properly. It’s absurd.” He highlighted the ineffectiveness of International Maritime Organization (IMO) regulations introduced in 2011, intended to prevent enclosed space fatalities. “Since 2011, an increase in fatalities in our data is related to the introduction of new IMO introduced regulation. This regulation hoped to eradicate all enclosed space accidents. But it was evident that it didn’t because the shipping industry was barking up the wrong tree.” Specifically he argued: “One of the biggest issues is the flawed design of enclosed spaces.” This particularly includes cargo hold access arrangements.

“As an industry,” Capt. Szymanski said, “we need to have one voice, one approach to safety. Fragmented standards and practices only put lives at risk.”

The MPC is encouraged by the shipping industry’s response to Capt. Szymanski’s plea for collaboration and unity. The formation this year of a pan-maritime industry group and Enclosed Space Entry – Joint Industry Workshop meetings, demonstrates the industry’s commitment to addressing this issue. Two Workshops, with the most recent this July, took place at the Oil Companies International Marine Forum (OCIMF) office in London.

The MPC believes the creation of the group to provide a single voice on enclosed space deaths is a major step forward.

The new group has undertaken a holistic review of all contributory factors across operational, commercial, technical, and training functions with all parties involved in the decision-making process across the two workshops. The initial workshop helped to build a deeper appreciation of the issue, and during the second one, Intermanager provided data and analytics on enclosed space accidents and fatalities.

The output of these two workshops has not just been a set of actions but, crucially, a roadmap for action to stop enclosed space deaths on ships. The industry group will meet again before the end of the year to review progress and continue to develop specific outputs. Involvement is crucial to the success of these actions, and the MPC looks forward to continued active participation.

Meanwhile the industry group is gathering information on enclosed space accidents, with InterManager collating the responses. The information will be kept strictly confidential and can be sent to enclosedspaceaccidents@intermanager.org along with the approximate date, the ship’s name, and a brief description of the accident. The MPC stresses that data gathering is essential, and the ship’s name is needed to reduce the possibility of counting an accident several times but it will not be disclosed publicly.


11. Data standardisation

Opsealog, a provider of data integration and analysis services for the maritime and offshore industry, has published a new white paper that underscores the urgent need for data standardisation across the sector.

Analysing ongoing industry initiatives in the marine offshore sector, the report found that data standards can play a central role beyond reporting requirements under IMO and EU regulations and will be essential to maximise the value delivered by onboard digitalisation to boost operational and environmental performance.

Titled Creating Value from Data Standardisation, the white paper calls for the development and implementation of data standards as a much-needed revolution, comparable to how the shipping container transformed cargo handling in the 1950s. It lays out how this change is already under way through industry initiatives such as the Smart Maritime Council and Energy LEAP, which have both made strides in creating standardised datasets for vessel reporting and emissions tracking, respectively.

Despite these early examples of progress, the research describes persisting fragmentation as a key obstacle, with much of the data currently collected in the shipping and offshore sector not currently creating value due to a lack of standardisation. It also identifies the need for common formats as critical to reducing seafarer workloads amid growing reporting requirements.

The report also highlights how a more standardised data environment is an opportunity to bring about a new level of transparency between owners and charterers that will change the bidding process, support the monitoring of contractual obligations, and improve conflict resolution. Furthermore, as companies face increasing pressure to report their environmental, social, and governance (ESG) performance, unified reporting standards will provide the tools needed to meet these demands efficiently and effectively.

Arnaud Dianoux, Founder and Managing Director at Opsealog, said: “Data standardisation is about more than compliance: it is an essential baseline for the industry to fully harness the power of digitalisation. Just as English is the international language of shipping and trade that enables people from all over the world to communicate and collaborate, data standards can become the international language of digital communication and collaboration.

“This is an opportunity not to be wasted, especially as the industry faces growing ESG pressure and new regulatory requirements. Data standards will be the building blocks to enable companies to collect, integrate, and make sense of their data. This paves the way for real-time monitoring, predictive analysis, data-driven decision-making and new fuels analysis, enabling owners to build strong businesses for the green and digital era ahead.”

The full white paper is available for download here: https://opsealog.com/creating-value-from-data-standardisation/


12. Sea survival

Zelim, the Edinburgh based sea survival innovator, has officially launched the world’s first unmanned/manned remotely controlled person-in-water rescue vessel.

Guardian, an 8.4m long, 2.5m wide aluminium hulled next-generation Fast Rescue Craft (FRC), was unveiled to the international maritime industry for the first time at the SMM Trade Fair  in Hamburg recently.

Specifically designed for rapid deployment from a ship to recover both conscious and unconscious man-overboard casualties, the Guardian FRC can operate in maritime conditions that conventional manned recovery solutions would find challenging or too dangerous to deploy.

Taking four years research and development, with input from the UK’s Maritime & Coastguard Agency and the US Coastguard, Guardian incorporates Zelim’s type-approved SWIFT rapid rescue conveyor and ZOE, Zelim’s intelligent detection software for optimising search.

During a man overboard event, Guardian is instantaneously lowered into the water by way of a ship’s existing LARS davit installed at deck level. Once in the water, an Alamarin AJ285 waterjet powered by a single Bukh VGT 400HP motor speeds the rescue vessel along at a rate of 30-plus knots towards the casualty. Guardian’s  range is 15n miles with a six-hour endurance.

As it nears the person(s) in the water, the FRC lowers the integrated SWIFT and slowly proceeds towards the casualty who is then quickly recovered from the water by the rescue conveyor, which is specifically designed to grip and recover immersed casualties, whilst minimising the risk to casualties from the loss of hydrostatic pressure. With up to two survivors on SWIFT at any time, the conveyor is a continuous rescue system that doesn’t require reset whilst minimising the risk to rescuers.

Peter Lloyd, Zelim’s Director of Search and Rescue, said: “The key to the rescue of individuals from the water before they perish is speed. First you must find your casualty. Sea search is notoriously difficult with human performance subject to distraction and loss of attention, especially during a prolonged search. In Zelim’s aim to produce an unmanned rescue vessel, sea search had to be automated.”

The result of the product development was ZOE, a new software tool capable of providing instant detection and alerting of persons and objects that enter a field of view. ZOE is also capable of differentiating between a human in the water and other objects that might be present such as buoys, flotsam and jetsam. Providing real time location information and integrated with the Guardian’s navigational system, the technology allows rescuers to see what the human eye cannot with visual cues overlayed on a simple display.

About 40% of all man-overboard incidents result in fatality, with more than 1000 people falling overboard annually.  “Sea survival is hugely dependent on the time it takes to retrieve individuals from the water, but inclement weather can prohibit the launch of manned rescue craft and lives are needlessly lost,” said Zelim founder and innovator Sam Mayall.

“Ship crews have little time to carry out an effective rescue before maritime conditions prevent the casualty from assisting in their own rescue. When rescue vessels approach, many survivors simply don’t have the strength to pull themselves to safety. This is even more difficult when they are unconscious or unresponsive. Guardian has been designed to ensure more people can be rescued in the harshest of weather conditions.”

With capacity for 11 survivors (nine if Guardian is deployed with a two-person crew), the lightweight FRC also benefits from AI-based person-in-water detection and alerting system.

While Zelim is marketing SWIFT and ZOE as standalone maritime safety and security tools, their integration with Guardian demonstrates how easily the technology can mitigate the risks for both rescuer and casualty to improve the chances of MOB recovery.

“The decision to launch any rescue asset is always a balance between the risk to the rescuers and the probability of success. An unmanned, or lean manned Guardian, may permit a launch in conditions beyond those normally accepted.” said Lloyd.

The FRC can operate with or without a crew, remotely, and has enhanced rescue situational awareness capability. It has the same footprint as conventional craft, and can be easily stowed and deployed using existing davits.

In addition to MOB missions, Guardian can perform a variety of unmanned maritime safety and security roles, including search and rescue, security patrols, standby and recovery.
 


13.  Emergency contacts
 
The Cargo Integrity Group is issuing an urgent reminder of the need for an emergency contact telephone number to be provided for shipments of dangerous goods, following recent experiences reported by its partner organizations.
 
Transport of dangerous goods is essential to the production and distribution of many products on a global scale. The International Maritime Dangerous Goods (IMDG) Code1 is in force worldwide to ensure the safety and security of people, the environment and assets, and must be followed by all parties. Recommended industry practices have also been developed for the packing and securing of goods in cargo transport units, such as the CTU Code2.
 
The majority of dangerous goods shipments are carried and handled without incident. Nonetheless, should an incident occur despite all safety precautions, it is essential that the necessary steps to respond to the dangers can be taken swiftly and reliably by those attending the scene.
 
A requirement of many national dangerous goods regulations for transport by sea, in order to comply with international dangerous goods regulations, including the IMDG Code, is that a suitable 24-hour emergency response number be provided within shipping documentation, safety data sheets or other compliant means for each shipment of dangerous goods. The phone number must be answered by a person who is knowledgeable of the dangerous goods being shipped and has comprehensive emergency response and incident mitigation information for the product or products in the shipment, or has immediate access to a person who has that information. This phone number must not have a call-back function, such as the use of voicemail or pager, nor be a general answering service. The number must be current during the shipment and monitored 24 hours a day.
 
Shippers of dangerous goods must therefore take appropriate measures to establish access to an appropriate and knowledgeable person or persons and include their telephone contact number on the transport documents and safety data sheets, to ensure full compliance with this requirement.
The Cargo Integrity Group points out that the IMDG Code starts from the premise that the transport of dangerous goods is prohibited, unless they are shipped in accordance with the applicable regulatory provisions. Only when mandatory regulations and guidelines are followed can it be expected that such cargoes are able to be transported safely. Extreme diligence and accurate emergency response information is necessary to prevent minor incidents from becoming major casualties. Failure to comply with these requirements may result in shipments being refused for transport by terminals or shipping lines and parties may incur heavy fines and product liability risks in any legal actions.
 
References:
1.The International Maritime Dangerous Goods Code, Amendment 41-22, effective from 1 January 2024 (The IMDG Code) is published by the International Maritime Organization and specifies the standards to which packaged dangerous goods must be consigned, handled and carried for transport by sea.
 
2.The IMO/ILO/UNECE Code of Practice for Packing of Cargo Transport Units, 2014 Edition. (The CTU Code) is published jointly by the sponsoring organizations and is a compendium of recommended practices to be followed by those packing or loading intermodal containers, road vehicles and railway wagons for international transport.
 
The Cargo Integrity Group has published a ‘Quick Guide to the CTU Code’ and a ‘Container Packing Checklist’ in seven languages to support compliance with these requirements and recommendations. CTU Code Quick Guide


14. Slow steaming warning

Many shipowners are turning to slow steaming, but independent design and engineering firm Houlder urges caution. Those owners not informed by data analysis, risk a series of unintended financial consequences. The practice could even hinder progress towards International Maritime Organisation (IMO) greenhouse gas (GHG) reduction targets. 

Slow steaming can have a positive, negative or neutral impact on vessel efficiency, depending on the ship’s original design parameters, hydrodynamic performance and unique operational profile. Houlder’s research using Clarksons’ data  indicates a noticeable trend in the reduction of average service speeds across different vessel types – oil tankers, bulkers, and container ships – from 2012 to 2024. Specifically, container ships experienced the most significant decrease, with a reduction of 1.50 knots (-11%) by 2024, followed by bulkers and oil tankers, which saw reductions of 1.01 knots (-9%) and 0.74 knots (-6%) respectively.

Slow steaming is a ship operation strategy aimed at reducing fuel consumption and emissions by intentionally reducing engine power from its original rated level. Speed and power are related by a power law, meaning that a reduction in speed results in a disproportionately larger reduction in power consumption. This relationship makes it a viable way to reduce greenhouse gas (GHG) emissions. 

Iebum Shin, Data Analytics Lead at  Houlder cautioned: “Any speed reduction could result in a significant departure from a vessel’s original design parameters, so the benefit of corrective measures should be considered too. For example, a simple hull retrofit or propeller optimisation to align with the vessel’s new operating conditions could be the difference between slow steaming delivering minimal or real benefits.”

The analysed data shows that while subject vessel types have reduced speed, the rate of reduction varies, reflecting differing impacts of slow steaming across vessel categories. The associated speed changes from 2012  underscores the unevenness in speed reduction, emphasising the need for a detailed and tailored approach when considering slow steaming as a strategy for reducing GHG emissions.

Shin added: “It’s important to carry out a ship-specific analysis to establish what the real saving will be from a range of speed reductions and to consider these against the other, perhaps unintended, or unseen, consequences.”

Slow steaming has largely been popular because it is relatively simple to implement. In theory, it doesn’t require extra capital expenditure (CAPEX) and, as long as the rest of the fleet is doing it to the same degree, then market economics should push the freight rate up to compensate the owner or charterer for the reduced annual cargo carrying capacity.

Houlder highlights that,in reality, slowing down is not necessarily a no-, or even low-cost option. There is often hidden CAPEX for the ship to address the consequences of slow steaming, such as modification to the turbocharger – and if engine de-rating is considered (as opposed to mechanical/software power limiters), CAPEX should be expected to be more significant.

There can also be unintended consequences of slow steaming on operating expenditure (OPEX) meaning that the expected fuel savings (and resulting OPEX reductions) may never be realised. Also, consistently operating outside the ship’s design parameters may mean costly engine maintenance is required more often – for example, cold corrosion, and fouling on the exhaust gas boiler, injector and piston rings.

Commenting on the bigger picture, Rupert Hare, CEO of Houlder said: “There is real potential for significant financial impact in additional days on hire or in reduced cargo revenue if the market doesn’t compensate with increased freight rates. If you can improve the ship’s efficiency without a high cost and without slowing down, this will offer a competitive advantage in terms of earning capacity.

“Ultimately, if the fleet slows down, it will need to expand to maintain the same cargo-carrying capacity. More ships can easily result in more GHG emissions for the same cargo miles, hindering progress towards IMO GHG reduction targets. While slow steaming can lower emissions in some circumstances, it can also deter investments in a more ambitious, long-term, sustainability strategy – including investments in energy efficiency technology, optimised operations and new fuels.”

Checking assumptions on slow steaming and understanding the ship’s sweet spots should be the minimum evaluation. The latest computational fluid dynamics analysis based on digital twin technology, which Houlder’s technical experts used in its study, can help shipowners realise a more ambitious long-term sustainability strategy.


Notices & Miscellany

Enclosed spaces

Master Mariner Manjit Handa had the following comment on the last edition.

“Please refer to the discussion on “Enclosed Spaces” in your Issue 864. The effort by various organisations to eliminate enclosed space casualties is welcome, but this kind of initiative usually sputters to a grinding halt very soon.

The solutions offered so far suffer from an overdose of paper-pushing, and a lack of technology to resolve the weaknesses in the system.
Here are some of the factors that need attention:-
 
a. There is no requirement under any code that a warning should be posted at the entrance to any enclosed space. There is no standard format of the warning either. While everyone agrees that such warnings should be placed, it is perplexing that the IMO hasn’t thought it fit to address the issue in a clear and focussed manner.
 
b. How does one conclude that the portable ventilation fan is capable of providing adequately penetrative airflow till the far end of the enclosed compartment? There is no calculation or any guidance document.
 
c. There are two types of gas detectors, the Portable Gas detector and the Personal gas detector. There is a capability difference between the two. Some companies choose to provide their ships with only the Personal type ( because those are cheaper.)
 
d. The IMO circular 1477 addresses the requirements of Portable gas detectors only. It is not understood why the organisation has chosen to ignore the Personal type detectors altogether. An effective combination of detectors is a Portable detector located outside the space, and two personal type detectors carried into the space.
 
e Would any Master send a single person into an enclosed space? Common sense demands that there should be at least two. Again there is no guidance on this topic.
 
3. Overall, every new initiative ends up with more paperwork for the Master, without any substantive change for the better. The enclosed space entry has been an obstinate problem, which needs technological innovation to break the impasse.
 

Nor-Shipping

Nor-Shipping is promising the global maritime and ocean industries “a bigger, bolder, better” exhibition and activity programme than ever before in Norway next year, with expansion and new initiatives to serve and support ambitious business developments.

The event week, marking its 60th anniversary, takes place at venues across Oslo and Lillestrøm 2-6 June 2025. 

For more details about Nor-Shipping 2025, or to enquire about the final available stands, please see https://www.nor-shipping.com

Force majeure

The London Shipping Law Centre (shipping@shippinglbc.co.uk) will be holding a seminar to discuss force majeure issues on October 1 at 18.00 hrs at Linklaters’ London office.

The Supreme Court has held in RTI v MUR that where force majeure is defined as an event or state of affairs which cannot not be overcome by “reasonable endeavours” from the party affected, the party seeking to invoke force majeure is not required to accept an offer of non-contractual performance from the other party in order to overcome the effects of that force majeure event.  That is so even where the non-contractual performance is only trivially different from contractual performance, and its acceptance would entail no or minimal cost, risk or inconvenience on the part of the party seeking to rely on force majeure.

Is the result principled, uncommercial, both, or neither?

Should lawyers be advising their clients to rewrite their force majeure clauses, and if so how?  What impact is the decision likely to have in shipping, commodities and finance contexts, particularly in an era of sanctions?

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)

Spotted in a toilet of a London office:
TOILET OUT OF ORDER. PLEASE USE FLOOR BELOW.

In a Laundromat:
AUTOMATIC WASHING MACHINES: PLEASE REMOVE ALL YOUR CLOTHES WHEN THE LIGHT GOES OUT

In a London department store:
BARGAIN BASEMENT UPSTAIRS

In an office:
WOULD THE PERSON WHO TOOK THE STEP LADDER YESTERDAY PLEASE BRING IT BACK OR FURTHER STEPS WILL BE TAKEN?

In an office:
AFTER TEA BREAK STAFF SHOULD EMPTY THE TEAPOT AND STAND UPSIDE DOWN ON THE DRAINING BOARD.

Outside a secondhand shop:
WE EXCHANGE ANYTHING – BICYCLES, WASHING MACHINES, ETC. WHY NOT BRING YOUR WIFE ALONG AND GET A WONDERFUL BARGAIN?

Notice in health food shop window:
CLOSED DUE TO ILLNESS

Spotted in a safari park:
ELEPHANTS PLEASE STAY IN YOUR CAR

Seen during a conference:
FOR ANYONE WHO HAS CHILDREN AND DOESN’T KNOW IT, THERE IS A DAY CARE ON THE FIRST FLOOR.

Notice in a field:
THE FARMER ALLOWS WALKERS TO CROSS THE FIELD FOR FREE, BUT THE BULL CHARGES.

Message on a leaflet:
IF YOU CANNOT READ, THIS LEAFLET WILL TELL YOU HOW TO GET LESSONS.

On a repair shop door:
WE CAN REPAIR ANYTHING.
(PLEASE KNOCK HARD ON THE DOOR – THE BELL DOESN’T WORK).


Thank you 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.

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