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IN THIS ISSUE
1. Checking the checkers
2. Maritime security
3. Seafarers’ statistics
4. Nuclear approach
5. Lock protection
6. Force majeure
7. Voyage loyalty
8. Digital Twin project
9. Smart container alliance
10. Trust assets
11. Green warning
Notices & Miscellany
Readers’ responses to our articles are very welcome and, where suitable, will be reproduced. Write to: contactus@themaritimeadvocate.com
1. Checking the checkers
By Michael Grey
The clue, it would seem, is found in the word “verified” which, according to my Imperial Reference Dictionary, means “to assert or prove to be true”. The Empire might be long gone, so maybe truth means something else these days, but the reform that brought the Verified Gross Mass into the cavalier world of container weights is now nearly ten years old. Thus, you would think that the systems which check that a container’s weight is more than a figment of the imagination of the chap who stuffed it, would be, by now, well established.
Well, they probably are, except when they aren’t, as the Master of the APL containership President Eisenhower had cause to reflect when dawn broke over the Oakland roadstead a year ago, and his crew discovered that a stack of 23 boxes had vanished over the side as the ship rolled in the Pacific swell, while she waited off the Californian port. Others were damaged. The days when boxes being lost over the side were dismissed as just one of the hazards of the sea are long gone, so all are indebted to the excellent US National Transportation Safety Board for their recently published report into the incident. Its inspectors discovered that the main contributor to this regrettable event was that a booking agent inputting the supposedly true VGM data had something of a meltdown and produced a somewhat garbled picture of reality that led to nearly 40 boxes being stowed with the heaviest on the top of the stack.
Boxes said to be no more than 6 tonnes were in fact laden with up to 28 tonnes, so it was not altogether surprising that exacerbated by the motions, the stack collapsed. The investigation discovered that 39 boxes had been given incorrect weights. In earlier times, with only rudimentary facilities for establishing the gross weight of a box, such accidents would not have been remarkable. There were plenty of people who honestly believed that as long as the doors of a container could be closed, it was perfectly safe to be shipped. People jibbed at the cost of weighbridges, cavilled at the possible delays of any sort of verification and dragged up every possible daft excuse as to why weight verification (or even the proper identification of the contents) was unnecessary.
Eventually the sensible people, who argued that the cost of collapsed stacks, capsized trucks and trains, and the attendant loss of life, injuries and property damage, constituted a reasonable justification for the VGM rules won the day, and IMO acted. Can we put this down as a one-off clerical error and move on? Or, in the frantic haste that accompanies every shipping transaction, are there sufficient checks being used to ensure that the verification is verified? The cranes that loaded the boxes apparently had no weighing mechanism fitted, and presumably, as they were within their safe working limits, there was nothing to alarm the operators. And had the ship not had to wait offshore for a berth, and experienced the beam swell, the boxes would probably have been discharged and nobody know any different.
This particular incident begs the question as to how often do such errors occur, and whether there are sufficient guard rings around the process of loading, planning and determining that the weights are accurate? Hopefully the NTSB report will result in procedures being sharpened up, which is why these matters needed to be given wide promulgation. One would like to think that this useful federal agency will not be targeted by the chainsaw wielding Mr Musk and his acolytes. Accident investigation is certainly not waste. The containers lost from the APL ship did not lead to any serious pollution. There are more current concerns about the fate of the MSC Baltic III, wrecked on the fearsome Newfoundland coast, with salvage hindered by dreadful weather.
Many of the containers still aboard the vessel are empties, but some apparently are loaded with the tiny plastic raw material beads, which, once loose, can cause such a problem as they disperse far and wide in the sea. The pollution hazards associated with this cargo have at last been officially recognised, but it has to be asked why it is so necessary to be transporting so much of it, and why it cannot be manufactured locally. The answer will, of course be financial, but as with so many of these cheap “nuisance” cargoes – charcoal – or that dreadful stuff necessary for swimming pool purification, should not the problems caused weigh more heavily in the minds of shippers?
Michael Grey is former editor of Lloyd’s List
2. Maritime security
The ICS has recent published the second edition of its book Maritime Security: A Comprehensive Guide for Shipowners, Seafarers and Administrations which addresses the shifting threats faced by the shipping industry today, from political instability and piracy to terrorism and cyber attacks. It equips readers with the knowledge and tools to navigate the complex landscape of maritime security with confidence.
This guide provides a comprehensive overview on complying with SOLAS and International Ship and Port Facility Security (ISPS) Code statutory requirements, offering guidance on managing and mitigating security threats. References to trusted and new security resources are collected in one place, including the latest Best Management Practices for Maritime Security (BMP), Maritime Industry Security Threat Overview (MISTO) and more.
Maritime Security also provides practical information on operating in areas of war and war-like risk, managing maritime cyber risks, and handling stowaways and rescues at sea. With a model ship security plan, a sample two-year security drill schedule, templates for communication with seafarers’ designated contacts, and resources for threat and risk assessments, this book is an invaluable tool for masters, company security officers, ship security officers, port facility security officers and administrations. It also serves as a useful entry point to the subject for anyone with an interest in maintaining the security of global trade.
3. Seafarers statistics
The Department for Transport released its Annual Seafarers Statistics 2024 recently. The release provides estimates for the number of seafarers in the UK shipping industry, with the UK Chamber being a main contributing party of data.
The data, as of 30 June 2024, is broadly flat, showing a 2% decrease in active UK seafarers, who totalled 23,700, which for the period 2012-2020 had remained largely stable at 24,000-25,000. Across all nationalities, UK Chamber of Shipping members’ employment reached 160,810 seafarers across more than 100 nationalities.
For UK nationals, figures show certificated officers numbered 10,620 (3% decline), uncertificated officers 1,700 (10% increase) and their highest since 2016, and 1,500 officer cadets in training (3% increase). There were 9,880 UK ratings (3% decline), accounting for 58% of UK seafarers active at sea in Chamber member companies.
The age distribution of UK certificated officers has become younger over recent years, however with 1,600 UK officers aged 62 or above, there is strong need to maintain a growing supply pipeline. Hence it was welcome to see SMarT1 new entrants reach 680 in F/Y 2024, a 17% increase to F/Y 2023 which shows the industry’s continued commitment to maintaining new entrants to a skilled workforce.
4. Nuclear approach
CORE POWER CEO Mikal Bøe spoke to MPs and members of the House of Lords in Westminster recently about the pressing need for the UK to adopt a maritime civil nuclear programme.
The occasion was the launch of a report co-authored by CORE POWER, global marine insurer NorthStandard and maritime professional services provider Lloyds Register.
Advanced Maritime Nuclear: A unique opportunity for the UK, sets out a policy framework for the British Government to support the deployment of advanced small nuclear reactors on commercial ships and floating nuclear power plants.
“We’re very proud of having contributed to this important report,” said Bøe at the launch event. The announcement follows hard on the heels of CORE POWER’s successful launch in Houston on 12 February of its Liberty maritime civil nuclear program.
“The UK must come off the fence and must align with France and the US to make nuclear for maritime a Western-led alliance. Only then can we ensure that the highest standards of safety, security and safeguards will be met and exceeded, building that crucial trust with the public that we need,” Bøe said.
5. Lock protection
Emden’s Great Sea Lock (Große Seeschleuse) is to be protected from corrosion with a Steelpaint coating system following a substantial contract award by the Lower Saxony Port Authority (Niedersachsen Ports) as part of a major refurbishment and renewal project.
Opened in 1913 to provide a maritime gateway from the North Sea to the River Ems, the Great Sea Lock – one of the world’s largest – is being renovated and adapted to provide greater flood protection. As the lock will remain operational throughout the upgrade, the €100m project will take about ten years to complete.
The milestone project, implemented to facilitate the smooth operation of the sea lock for the next 35 years, will involve constructing new reinforcements to optimize flood defence, the construction of new transformer stations, a reserve gate and a cable pull system.
6. Force majeure
Following Cyclone Zelia’s impact on Australia, CJC Director, Allen Marks and Associate, David Fittis assess the early 2025 trend and what this might mean for the shipping industry, with particular focus on the potential for Force Majeure declarations.
Early Trends in 2025
As widely reported, the category 5 Cyclone Zelia recently hit the Western Coast of Australia, causing Port Hedland to close for three days. Whilst affected ports have now reopened, this was the latest in a wave of tropical cyclones to impact Australia to date in 2025.
In Australia, Dampier Port and Cape Lambert have also been forced to close this year.
Force Majeure – The Impact of Severe Weather
Parties will likely be unable to fulfil their contractual obligations as a result of cyclones, or similar severe weather events, and most charterparties will incorporate a Force Majeure clause in anticipation. These clauses will state that a party shall not be considered in default or breach of its obligations under the charterparty as a result of certain specified events. Consequently, when such severe conditions are experienced, Force Majeure declarations may naturally follow.
As a matter of English law, there is no general doctrine of Force Majeure and most such clauses are designed as exceptions clauses (to absolve a voyage charterer from paying demurrage). Most, if not all, Force Majeure clauses will account for weather phenomena such as storms. Careful consideration must be given to the exact wording of the Force Majeure clause, on a case-by-case basis, by the party seeking to invoke it. The burden of proof lies with the party relying on the clause and they should always be alive to the fact that the clause might contain a “reasonable endeavours” provision which compels reasonable steps to be taken to minimise any impact of the event.
With reference to recent closures at Australian ports, a charterer under a voyage charter might seek to declare Force Majeure in respect of an inability to discharge cargo within the laytime, or an owner might be unable to deliver a vessel into service. Likewise, sales contracts may be unable to be fulfilled if cargo was to be loaded or discharged at an affected Australian port. Undoubtedly, in the year to date, a raft of such declarations will have occurred.
Consideration must also be given to the timeframe within which the relying party must issue its declaration of Force Majeure. A specified number of days, or “as soon as possible”, may be a stipulated contractual requirement to be permitted to rely on force majeure.
Careful consideration of factual evidence is imperative to build a picture of the causative factor at the material time. With the passage of time, the causative nature of a Force Majeure event may diminish, i.e. congestion will occur and an owner might reasonably point to that being causative of delay rather than the initial Force Majeure event. CJC is experienced in these contentious matters and offers a round-the-clock service to advise.
Summary – Best Practice When Declaring Force Majeure
Should the early 2025 trend continue, the industry can reasonably expect Force Majeure declarations at affected ports.Some prudent first-instance steps are:
Collate and preserve all factual evidence for consideration.
If issuing a declaration of Force Majeure, firstly consider whether the event upon which reliance is placed is defined as a Force Majeure event in the clause and issue the declaration as soon as possible, always bearing in mind the timeframe stipulated within the contract.
If seeking to object to a Force Majeure declaration, consider the evidence and the causative event. Often, multiple events will occur at a port or on a voyage – when considering a Force Majeure declaration, always consider the facts. Although a Force Majeure event may have previously occurred, it may not always be the causative factor for a failure to perform contractual obligations.
CJC routinely acts on both sides of Force Majeure disputes. For further information, please contact Allen Marks, David Fittis, or any of the CJC Team.
7. Voyage loyalty
V. Group (“V.”), the global ship manager and marine services provider, has just announced the global rollout of Voyage Loyalty, its loyalty programme for seafarers.
As well as being designed to increase retention and engagement, the programme provides seafarers and their families with a range of benefits and rewards before, during and after voyages. Leveraging a wide partner network for special rates and offers, Voyage Loyalty goes beyond the workplace and recognises both tenure and active engagement with V.
The global expansion of Voyage Loyalty builds on a pilot, launched in Q4 2023 for Filippino officers and chief cooks, which demonstrated an increase in operational efficiency and crew retention. 87% of all eligible officers and 91% of eligible chief cooks in the pilot are members, and there has been a 47% increase in prompt assignment acceptance, and a 5% increase in crew retention.
Voyage Loyalty has a distinctive tier structure and works by rewarding commitment and engagement, with members earning SeaStars by completing certain activities. Allocations are data-driven and in members’ wallets within 24 hours, following which they can redeem their SeaStars for rewards or benefits. This ensures seafarers fulfil essential roles and responsibilities, such as completing readiness for sea documentation, participating in professional development activities or demonstrating safety leadership.
Allan Falkenberg, Chief Operating Officer, Marine HR, at V., commented: “Seafarers are the backbone of global trade and Voyage Loyalty is designed to recognise their invaluable contributions to our industry. The pilot of our rewards programme demonstrates the significant potential of the programme and we’re looking forward to now expanding this globally.
“Putting seafarers first, we have several exciting enhancements coming up this year, from gamification to enhance the user experience to more partner deals and improved tier benefits. For our clients, these improvements ensure Voyage Loyalty continues to evolve and deliver measurable results that positively impact their efficiency, compliance and commerciality.”
8. Digital Twin project
Four new companies—Kawasaki Kisen Kaisha (“K” LINE), Kyokuyo Shipyard Corporation, Mitsui E&S Shipbuilding Co., and Sumitomo Heavy Industries Marine & Engineering—have joined the collaborative cross-industry Digital Twin Project.
This expansion marks phase three of the Digital Twin Project, which aims to create a secure data-sharing framework between shipyards and shipowners to advance the use of digital twins throughout a ship’s lifecycle, contributing to improved operational efficiency and safety. The participants will engage in detailed discussions around the feasibility of increased data sharing between stakeholders, with the aim of tackling some of the hurdles around sharing sensitive design and operational data.
Through close collaboration between a diverse range of stakeholders, the project aims to develop a new platform to allow the 3D models created during the ship design stage to be shared in a secure, access-controlled digital environment. It can also allow operational data to be fed back to shipyards, providing invaluable insights. This could create a new revenue stream for shipyards and solution providers, as well as mechanisms to share benefits between stakeholders.
The Digital Twin Project already includes some of the largest shipowners and shipbuilders in the world. The four new companies will join the original members, including shipowners Nippon Yusen Kabushiki Kaisha (NYK), NYK Group company MTI Co. Ltd. (MTI), Mitsui O.S.K. Lines, (MOL), Marubeni Corporation (Marubeni) and Marubeni Group company MMSL Japan, shipbuilders Imabari Shipbuilding, Japan Marine United Corporation, and Usuki Shipyard, software and data services provider NAPA, and classification society ClassNK.
Yoshimichi Sasaki, General Manager, Digital Transformation Center at ClassNK, commented: “We are delighted to welcome new participants to this major Digital Twin Project. We now have people from across a diverse range of maritime business areas and roles offering their valuable perspectives. With “K” LINE, NYK/MTI, MOL, and Marubeni/MMSL Japan involved, we also have representation from many prominent Japanese shipowners, highlighting the significance of Digital Twin technology and the strength of the collaborative project.”
Naoki Mizutani, Executive Vice President for NAPA Studios at NAPA, added: “These renowned new additions to the Digital Twin Project also mark a significant milestone for NAPA Studios; the Project forms a prominent part of the NAPA Studios initiative to bring together shipowners, charterers, shipyards, classification societies, financiers and insurers in joint projects. These efforts will provide more clarity on the practical implications of deploying new technologies or contracts and help develop the new technologies and operational frameworks needed for the transition to net-zero. We are grateful to all the participants for their engagement and look forward to the next collaborative developments.”
Akihiko Masutani, Director and Chief General Manager of the Business & Technical Division at Sumitomo Heavy Industries Marine & Engineering, said: “We take great pride in our company’s participation in such pioneering initiatives. Through this endeavour, we aspire to create innovation by integrating existing maritime technologies, such as wind propulsion, with cutting-edge ICT and digitalization techniques, with the goal of making a meaningful contribution to the industry.”
When used effectively, Digital Twins can offer insights into a ship’s unique design profile and characteristics to inform decarbonisation decisions. As a result, they can be a powerful tool supporting the shipping industry’s energy transition.
9. Smart container alliance
In response to the growing challenges of illicit trade and supply chain security, the Smart Container Alliance has been officially launched to drive the adoption of cutting-edge smart container technology. This initiative unites industry leaders in a collective effort to enhance cargo traceability, fortify maritime trade, and support global enforcement agencies in the fight against criminal networks.
Geopolitical instability and climate-related disruptions are posing increasing risks to global trade. As a result, shipping companies must ensure the highest levels of security and efficiency. The Smart Container Alliance is dedicated to advancing industry standards, advocating for policy change, and fostering collaboration between technology providers, shipowners, customs authorities, and international regulatory bodies, including the European Union (EU) and the World Customs Organization (WCO).
The launch of this Alliance aligns with the broader industry commitment outlined in the Joint Statement of EU and Global Industry & Trade Associations on International Customs Day 2025 with ECSA, IATA, WSC as members. This statement, endorsed by key industry stakeholders within the European Union’s Trade Contact Group (TCG), calls for increased investment in customs operations, digital transformation, and enhanced public-private partnerships to address the growing complexity of global trade.
The Smart Container Alliance will play a pivotal role in advancing these objectives by integrating smart technology solutions into the customs landscape. The launch of the Smart Container Alliance comes at a pivotal moment, coinciding with the most ambitious reform of the EU Customs Union since its inception in 1968. Smart containers are set to play a key role in the shift towards a data-driven approach to customs checks, reinforcing security measures across European ports and beyond.
A key focus will be aligning efforts with the European Port Alliance to counter criminal infiltration and reinforce supply chain integrity. Through strategic partnerships, advocacy, and capacity-building, the Smart Container Alliance will pave the way for a safer, smarter, and more resilient global trade ecosystem.
Stakeholders interested in joining the Alliance are encouraged to contact the secretariat at contact@smartcontaineralliance.org.
10. Trust assets
Enforcing an English judgment abroad can often be challenging, especially when it involves trust assets located in jurisdictions that do not recognise trusts (or do not recognise them in the same way as in England and other common law jurisdictions). This issue is particularly pertinent in non-common law countries. In an article to be found on the law firm’s website, Holman Fenwick Willan (HFW) explores the enforcement challenges in two such jurisdictions: France and Saudi Arabia.
The complexities arise from fundamental conceptual differences in legal systems. Common law jurisdictions, such as England and Australia, have a long-established history with trusts, whereas non-common law jurisdictions, like France and Saudi Arabia, may not recognise or enforce them in the same manner or at all. This divergence creates significant hurdles for practitioners aiming to enforce judgments against trust assets held in such jurisdictions.
Given our increasingly interconnected world, understanding these nuances is crucial. Reconciling different legal frameworks and concepts, particularly between common law and non-common law jurisdictions, remains a complex task. This article underscores the importance of addressing these challenges to ensure the effective enforcement of judgments involving foreign trust assets.
11. Green warning
New EU plans to lower energy costs by doubling down on deployment of renewable electricity, and to activate more investment and trade instruments to scale clean-tech, have been welcomed by green group T&E. However, a decision to delay proposing an EU 2040 climate target sends a very worrying signal, the group said.
Other announcements recently included a Clean Industrial Deal that will prioritise the domestic production of renewable fuels for aviation and shipping. However, the EU Commission also rushed out new proposals to weaken the sustainability reporting rules that hold companies accountable for their environmental and social impacts, T&E said.
The Action Plan on Affordable Energy aims to enable much higher levels of electrification in the economy, which the EU says should rise from 23% today to 32% in 2030. However, more than one year after confirming that it will publish a 2040 emissions reduction target for the EU, the European Commission has failed to release a proposal as planned. T&E said any climb-down from the expected -90% target would deprive European carmakers, airlines and shipping companies of the investment certainty that clean technology is here to stay.
T&E welcomed the prioritisation of green fuels in the Clean Industrial Deal. It said the plans for a Hydrogen Mechanism – which will connect hydrogen suppliers and buyers with financing options – and the prioritisation of the shipping and aviation sectors are crucial. But the Hydrogen Bank needs not only matchmaking tools but also double-sided auctions. The text announced plans for a Sustainable Transport Investment Plan, which T&E said should focus on e-fuels as a priority investment.
Faig Abbasov, shipping director at T&E, said: “The Clean Industrial Deal is a step in the right direction, recognising the essential role that green hydrogen-derived fuels play in decarbonising shipping and aviation. But it lacks essential details on how the EU is going to bridge the price gap between fossil fuels and greener alternatives or address the need for larger and longer term offtake commitments. The Sustainable Transport Investment Plan should fill in those missing details or green fuels risk missing the boat and plane.”
The reform of state aid rules outlined will not adequately support EU-made clean tech or local supply chains, T&E said. It called for the Clean Industry State Aid Framework, which will be published in the second quarter of this year, to set out how European manufacturing can be boosted through targeted and strictly conditional state aid. Without ‘Made-in-EU’ requirements or a performance-based approach to aid, Europe will struggle to get its local clean tech industry off the ground.
The Commission also said it would resort to using more trade defence instruments and activating greater EU investment for clean tech. T&E said adding conditions to foreign direct investment is the right step, but financial instruments to support clean tech must be better designed, as the struggling Hydrogen Bank shows. Investment support should be focused on production ramp-up, not pilots, and have local content rules for materials. These proposals need to be put into action quickly given the crisis happening in the local battery sector.
Notices & Miscellany
David Hebden
We are deeply saddened by the death of Captain David George Hebden, who passed away peacefully on 15th February, aged 87, after a short illness. David was larger than life—kind, generous, and unforgettable. He will be greatly missed. A funeral service will be held at Thames View Crematorium on Monday, 17th March, at 12:00 noon, followed by a wake at Rochester and Cobham Park Golf Club. Family flowers only. Donations to be made to the RNLI.
UK Club
The UK P&I Club has announced leadership changes in its Athens and London offices to support the Club’s strategic growth and operational goals.
After two and a half years as Regional Director for Greece, Sean Geraghty will return to the London office in April. He will take on a new role as Claims Operations Director spearheading the development of the Club’s claims initiatives worldwide. This includes working closely with the Club’s senior leadership team to enhance its claims operations and deliver process and service improvements.
Philip Clacy will become the Regional Director for Greece, returning to the Piraeus office after 15 years in London. With extensive experience of the Greece based membership, Philip will continue to drive exceptional support for the UK Club’s members in Greece while maintaining his current responsibilities for the Club’s services worldwide.
The Club has been represented in Greece since 1979 and was the first International Group P&I Club to open a fully autonomous servicing office there in 1996. Being engrained in the Greek shipping community has been a long-term priority for the Club. The local team has grown to 20 with the exceptional service offering being highly valued by members.
Honours for bravery
IMO is currently accepting nominations for exceptional acts of bravery performed at sea during the period 1 March 2024 to 28 February 2025.
The honours, which are awarded annually, provide international recognition to those who, at the risk of losing their own life, have performed acts of exceptional bravery in an attempt to save life at sea or prevent/mitigate damage to the marine environment. Such acts of bravery may also involve extraordinary seamanship skills in very difficult conditions or any other display of outstanding courage.
The nomination form can be submitted by any IMO Member State, intergovernmental organization in cooperation with IMO or non-governmental organization in consultative status with IMO.
Deadline for submissions: 15 April 2025. For more information, and the nomination form, please visit:
https://www.imo.org/en/OurWork/ERO/Pages/IMOHonoursExceptionalBravery.aspx
Limitation claims
LSLC’s seminar: Limitation Claims following on from the MSC Flaminia: what is the direction of travel in the English Court will take place on 24th March at the IDRC, 1 Paternoster Lane, London EC4M 7BQ.
Specific issues for discussion will include:
• The 1976 Convention in England
• When will the Admiralty Court exercise jurisdiction
• What types of claim can be limited? Who can claim protection?
o The MSC Flaminia at first instance and in the Court of Appeal
o How might the Supreme Court approach this issue…?
o Pollution claims
o Wreck removal
• Res judicata / Issue Estoppel
• Calculating the fund, and applying set off, where a salvor seeks to limit liability
• The value of an English decree. Differing approaches in other jurisdictions?
• P&I club and H&M insurers concerns – possible solutions?
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)
Ways To Turn A Man Down…
Him: “Can I buy you a drink?”
Her: “Actually I’d rather have the money”
Him: I’m a photographer I’ve been looking for a face like yours!
Her: I’m a plastic surgeon. I’ve been looking for a face like yours!
Him: Hi! Didn’t we go on a date once? Or was it twice?
Her: Must’ve been once. I never make the same mistake twice!
Him: How did you get to be so beautiful?
Her: I must’ve been given your share!!!
Him: Will you come out with me this Saturday?
Her: Sorry! I’m having a headache this weekend!
Him: Your face must turn a few heads!
Her: And your face must turn a few stomachs!
Him: Go on, don’t be shy. Ask me out!
Her: Okay, get out!
Him: I think I could make you very happy.
Her: Why? Are you leaving?
Him: Can I have your name?
Her: Why? Don’t you already have one?
Him: Shall we go see a movie?
Her: I’ve already seen it.
Him: Where have you been all my life?
Her: Hiding from you.
Him: Haven’t I seen you some place before?
Her: Yes. That’s why I don’t go there anymore.
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