LEGAL CARGO PEOPLE SHIPS NEWS

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LOSSPREVENTION

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New loss prevention publicationsTwonew loss prevention publications are enclosedwiththis issue of Signals for Members and entered ships.

Entering enclosed spaces without taking properprecautions continues to result in unnecessarydeaths. The Club’s latest Hot Spots help sheetprovides practical hints and tips to help avoidenclosed-space incidents.

The Ballast Water Convention, which was adopted in2004, does not yet have a date for entry into force,but many countries have introduced their own

ballast water requirements. The Club’s latest posterin its Clean Seas series on ballast water is intended todraw attention to the importance of adhering tosuch requirements.

A Signals experience case study is also enclosed withthis issue to illustrate the problems that canoccur when undertaking ballast water exchangeprocedures at sea as part of ballast watermanagement requirements.

See pages 11 and 12 for full stories.

Loss preventionworking partyNorth’s loss prevention working party,comprising a representative cross-sectionof Members, was formed in 2007 to liaise withthe loss prevention department about theClub’s general loss prevention activities andprogramme. It considers current issues in theindustry that affect P&I risks and suggests meansby which loss prevention services could beutilised and address such issues.

This issue of Signals includes more informationabout the working party and its role in promotingloss prevention.

See page 11 for full story.

Carriage of bulk cargoThe carriage of bulk cargoes continues to causeproblems in some areas. An article in this issuewritten by Ken Grant of Minton Treharne & Davieshighlights the issues and problems currently beingexperienced with the shipment of iron ore finesfrom Indonesia.

Another article includes more details about the IMSBCCode, and in particular the problems and uncertainty it

may introduce in 2011. This is when a mandatoryrequirement will apparently be introduced in certaincircumstances for competent authorities at load portsto provide masters with a certificate stating thecharacteristics of the cargo and any requiredconditions for carriage and handling.

See pages 3 and 4 for full stories.

Includingprotective clauses

MaintainingseaworthinessAn article in this issue about significant waveheights in the north Pacific notes that these areincreasing and stresses the importance of ensuringthat ship’s stability and condition parameters areproperly checked and adhered to.

See pages 7 and 8 for full stories.

This issue of Signals includes articles directly relatedto personal safety. One is a reminder that as ships getlarger and heaving lines have to be thrown furtherwhen mooring, there may be a temptation to addunsuitable weights to the end of the line. Howeverthis increases the risk of injury to mooring gangs andheaving lines on board should therefore be checkedto ensure they are safe to use.

Staying on the theme of getting larger, olderlifejackets may not be suitable for heavier and largerseafarers and new SOLAS regulations set outrequirements for the provision of lifejackets for suchpeople. The article in this issue gives advice onmaking sure sufficient lifejackets are carried forlarger seafarers.

See page 6 for full story.

SIGNALSNEWSLETTER

Loss Prevention newsletter for North of England Members

ISSUE 81OCTOBER 2010www.nepia.com

Keeping safe on ships

The third edition of the shipping industry’s bestmanagement practices for piracy protection werepublished in June 2010 and are essential readingfor all ship operators and seafarers whose shipstransit the Gulf of Aden and adjacent waters.

See page 9 for full story.

Protectingagainst piracy

Two legal articles in this issue both address the needto have suitable clauses in bills of lading andcharterparties to protect the interest of shipownersand operators. One article looks at a recent courtcase where a ship manager incurred considerablecosts because it was unable to make use of thestatute of limitations when it was deemed notto be party to the contract of carriage. A suitableHimalaya clause in the bill of lading could haveprovided protection in this situation.

Similarly, a suitable clause in charterparties canprovide protection to ship operators in caseswhere the charterer’s proposed employment of theship may expose the operator to sanctions orprohibitions, such as those currently being imposedby various governments on Iran.

See page 2 for full story.

2 LEGAL

Steering clear of sanctionsMembers will be aware that as a result of Iran’snuclear programme and alleged involvement insmuggling weapons, a number of sanctions havebeen applied to the country and certain nationalcompanies, most notably recently Islamic Republicof Iran Shipping Lines (IRISL). Sanctions have been,and are being, imposed variously by the UnitedNations and the US and UK governments. By thetime of publication of this issue of Signals it isexpected that new EUmeasures will also be in place.

The sanctions and other measures may affectMembers’ ability to do business with some Iraniancompanies and to trade certain cargoes to or fromIran. In some circumstances the sanctions mayfrustrate charterparties or make their performanceillegal. They may make certain trades with Irancommercially undesirable or unattractive, or theymay simply make trade difficult. For example,because of sanctions applied to Iranian banks, it maybe difficult to obtain the payment from them.

Protection clause for charterpartiesMembers should be aware that BIMCO has produceda clause for time charterparties that is designed togive shipowners a degree of protection in caseswhere a charterer’s proposed employment of theship may expose the operator or its insurers –including P&I clubs – to sanctions or prohibitions.

Production of the clause is a direct response to theUS Comprehensive Iran Sanctions, Accountabilityand Disinvestment Act 2010 (CISADA), under whichthe USA seeks to outlaw the carriage of refinedpetroleum products to Iran. However, the clause iscapable of applying to any sanctions or othermeasures that may be imposed against any countryin the world.

Members contemplating any new business thatcould conceivably expose them or, importantly, theirinsurers (which includes North) or reinsurers to anysanction or prohibition should seek to incorporatethis new BIMCO clause into their charterparties. Theeffect of the clause is to allow owners not to followcharterer’s voyage instructions and make provisionfor cases where cargo is already on board.

Retroactive inclusion of sanction clauseThere are of course already many charterparties inplace and being performed now that could beaffected by sanctions or other measures. In theabsence of a clause such as BIMCO’s, subject to theprecise terms of those contracts it may be moredifficult – if not impossible – to refuse to followvoyage instructions even though they mayexpose the ship, Members and insurers to sanctionsor other penalties.

It is therefore certainly worthwhile for ownerMembers – as well as charterers, which may also besubject to sanctions – to consider the possibility ofagreeing that such a clause be incorporatedretroactively into existing charterparties.

Keeping up to date with developmentsAs the situation with regard to sanctions againstIran continues to change, particularly the natureand effect of the application of CISADA and new EUsanctions, Members need to keep up to date withdevelopments. Members should consult the Club’sFD&D and P&I departments on any specific questionsthey may have.

Members should also bear in mind that even if aparticular voyage or trade does not necessarilyattract legal sanctions, it may neverthelessencounter practical difficulties and the Club may beable to offer some guidance in this regard.

Members can obtain up to date informationfrom Industry News on the Club’s website:www.nepia.com/publications/industrynews/

Members can obtain a copy of the BIMCO SanctionsClause for Time Charter Parties from its website:www.bimco.org/Corporate/Documents/BIMCO%20Clauses.aspx

Himalaya clauses can save amountain of cashA recent decision in the USA (Fortis CorporateInsurance SA v. Viken Ship Management AS) hasemphasised the importance to ship managers ofhaving a Himalaya clause included in bills of lading.

In this case Fortis was the cargo insurer and VikenShip Management acted as ship manager for ownerViken Lakers. The cargo insurer’s claim against theship manager was filed beyond the one-year statuteof limitations in the US Carriage of Goods by Sea Act(COGSA). Fortis did not dispute this but argued thatboth Viken Lakers and Viken Ship Management werenot carriers under the act and, as such, the statute oflimitations did not apply.

COGSA provides that the term ‘carrier’ includes, ‘theowner or the charterer who enters into a contract ofcarriage with a shipper’. However, it was held by theDistrict Court that Viken Lakers was the carrierunder the act but Viken Ship Management was not.

Appeal failedViken Ship Management appealed the decision ontwo points. The first point argued that the companywas a carrier under COGSA and the second arguedthat the original finding of negligence in the DistrictCourt was based on erroneous factual evidence.The Circuit Court hearing the appeal agreed withthe findings of the District Court on both countsand affirmed its decision.

In particular the Circuit Court cited the Herddecision by the Supreme Court (359 US at301 (1959)), which had previously rejected a similarargument as to the definition of a carrier. The CircuitCourt also pointed out that the ship’s owner wasfree to extend COGSA coverage to its agents orto independent contractors by adding provisions tothe bill of lading - such as a Himalaya clause.

The cargo insurer was successful in its claim againstViken Ship Management, which was left with cargodamage costs of US$375,000 to pay.

Himalaya clausesTo avoid potentially damaging claims broughtagainst a company or individual that is not party tothe contract of carriage, such as that describedabove, a Himalaya clause should be inserted into thebill of lading. BIMCO has produced a standard clausefor inclusion in bills of lading.

The Association has recently issued a comprehensivecircular about a revised Himalaya clause, which canbe viewed on the Club’s website: www.nepia.com/publications/clubcirculars/

Members can obtain a copy of BIMCO Himalayaclauses from its website: www.bimco.org/Corporate/Documents/BIMCO%20Clauses.aspx

Paying forguards toguard guardsIt is becoming increasingly common for vesselsvisiting the USA to be required by the US CoastGuard to have security guards on-board and at thedockside, and then additional guards ashore toguard the first set of guards. While this seemsexcessive, the practice is allowed under theInternational Ship and Port Facilities Security(ISPS) Code.

The US Coast Guard can require vessels to employsecurity guards where it is deemed to be highrisk. There are many reasons why a vessel couldbe assessed as such, including where one of itslast five ports of call was in a country that doesnot employ anti-terrorism measures in linewith US requirements, or where the crew are notUS nationals and do not have valid US visas.

Terminal operators can insist upon guards beingemployed at the vessel’s expense to accompany anythird party within the port facility, which includesthe dockside guards required by the US Coast Guard.The end result is that the vessel can face charges fortwo sets of guards.

The standard ISPS clause in time charterpartiesgenerally provides that such costs are for thecharterer’s account. Parties thus need to reviewtheir charterparty terms carefully and agreeamendments accordingly if they would like to shareor change the apportionment of liability for suchcosts, which can be relatively expensive.

Members can obtain information about the factorsthat are taken into account when assessing a vessel’slevel of risk from the US Coast Guard website:http : / /homeport .uscg .mi l /mycg/portal /ep/browse.do?channelId=-18371

For advice on charterparty clauses dealing withliability for security costs, Members should contactthe Club’s FD&D department.

3CARGO

IMSBCCode – application and amendmentsThe primary aim of the International Maritime SolidBulk Cargoes (IMSBC) Code is to facilitate the safestowage and shipment of solid bulk cargoesby providing information on cargo characteristicsand instructions on procedures to be implementedwhen required.

The code was adopted in December 2008 byIMO resolution MSC.268(85) and its application hasbeen recommended since 1 January 2009. From1 January 2011 a number of sections will becomemandatory under the International Convention forthe Safety of Life at Sea (SOLAS).

Those parts of the IMSBC Code that will remainrecommendatory or informative after 1 January 2011can be identified by the use of appropriate languagewithin the code’s text. The words ‘shall’, ‘should’ and‘may’ indicate those provisions that are ‘mandatory’,‘recommendatory’ and ‘optional’ respectively.

Specifically, the following sections will remainrecommendatory

• section 11 on security provisions (exceptsub-section 11.1.1)

• section 12 on stowage factor conversion tables• section 13 on references to related informationand recommendations

• appendices other than appendix 1• text in schedule sections for ‘description’,‘characteristics’, ‘hazards’ and ‘emergencyprocedures’ of individual schedules of solid bulkcargoes in appendix 1.

One of the most significant changes in the wayparties will be required to apply the code will be theapplication of section 1.3 on general provisions.

General provisionsFrom 1 January 2011, shippers of bulk cargo notlisted in the IMSBC Code will be required to providethe competent authority of the load port with adescription of the cargo’s characteristics asindicated by provisions of section 4 on assessmentof acceptability of consignments for safe shipment.The competent authority will then have to determinewhether the proposed cargo is safe to load.

If the load-port competent authority determinesthat the cargo possesses hazards such as apropensity to liquefy (IMSBC Code group A cargo), or

a chemical hazard (IMSBC Code group B cargo), itmust liaise with the competent authority of thedischarge port and that of the vessel’s flag state todetermine suitable preliminary conditions for thesafe carriage of the intended cargo.

If, however, the load-port competent authoritydetermines that the cargo presents no specifichazards, it shall authorise shipment and notifythe discharge-port competent authority and flagstate accordingly.

Irrespective of whether the cargo is safe to load ornot, the current text of the code requires the load-port competent authority to provide themaster witha certificate stating the characteristics of the cargoand any required conditions for carriage andhandling. It must also submit an application to theIMO within one year of issuing the certificate tohave the cargo incorporated into appendix 1 of theIMSBC Code.

Shippers and competent authorities may not beprepared for this requirement.

Section 1.5 on exemption and equivalent measuresprovides for any one of the competent authoritiesinvolved to grant an exemption subject to partiessatisfying some other provision that is at least aseffective as the requirements of the code.

Future amendments to the codeIt is intended that in a similar fashion to theInternational Maritime Dangerous Goods (IMDG)Code, the IMSBC Code will be amended at two-yearly intervals with changes entering into force onthe 1 January of odd years: 1 January 2013,1 January 2015 and so on.

Draft amendments to the code presented by the IMOsub-committee on dangerous goods, solid cargoesand containers (DSC) at its fourteenth session inDecember 2009 are expected to be adopted by theIMOmaritime safety committee (MSC) at its eighty-ninth session in May 2011, and enter into force on1 January 2013. However, provisions may be appliedon a voluntary basis from 1 January 2012.

Amendments proposed by the DSC at its fourteenthsession include a number of changes to individualschedules, some of which are outlined in thefollowing paragraphs.

Wood productsIt is the recommendation of the sub-committee thatthe ‘wood pulp pellets’ schedule is removed and anew ‘wood products – general’ added. The newschedule, if adopted, will apply to logs, pulp wood,timber, roundwood and sawlogs. Determined to bematerials hazardous only in bulk (MHB), thesecargoes are described in the schedule as possessinga, ‘chemical hazard which could give rise to adangerous situation on the ship.’ They are defined asgroup B cargoes, liable to oxygen depletion andincreased carbon dioxide in cargo holds andadjacent spaces.

Seed cake – citrus pulp pelletsIn the schedule for seed cake type (b) – UN 1386 – anew sentence has been proposed. This reads, ‘Theprovisions of this schedule should also not apply tomechanically expelled citrus pulp pellets containingnot more than 2.5% oil and 14.0% oil and moisturecombined’.

The seed cake (non-hazardous) entry is extended bythe inclusion of the sentence, ‘The provisions of thisschedule also apply to mechanically expelled citruspulp pellets containing not more than 2.5% oil and14% oil and moisture combined.’

North is aware of a number of Members who havebeen approached by shippers requesting that citruspulp pellets be carried as seed cake (non-hazardous)in advance of amendments entering into force.

Members are reminded that amendments remain indraft form and may be altered further beforeentering into force. As such they remain outside thescope of the current edition of the IMSBC Code andshould not be implemented in advance of entry-into-force dates.

Bulk cargo ship-to-ship operationsThe International Convention for the Safety of Life atSea (SOLAS), chapter VI, regulation2, requires shippersto provide masters with relevant cargo information inwriting sufficiently in advance of loading to enablemasters to load cargo safely without endangering thelives of the crew on the voyage.

With an increasing trend for bulk cargoes to betransferred ship-to-ship, the question arises as tohow this SOLAS obligation can be achieved. Thedischarging ship will have obtained the shipper’scargo declaration in the normal way but what is the

loading ship to do? The obligation for the safeloading of the ship remains, regardless of thecontractual parties.

To comply with SOLAS, the master of the loadingship – in the absence of other guidance from theship operator – should consider the master of thedischarging ship as the SOLAS ‘shipper’ and obtainfrom him or her, sufficiently in advance of loading,relevant cargo information in writing to enable thecargo to be loaded safely without endangering thelives of the crew on the voyage.

Carriage of lateritic iron ore

4 CARGO

Problems arising from the carriage of iron ore fineshave manifested themselves in Indonesia recentlyand in this article Dr Ken Grant of Minton Treharne& Davies in Singapore provides a comprehensiveguide to issues associated with carriage of thistype of cargo.

Liquefaction problems associated with the shipmentof iron ore fines from India were well documented in2009, when in a period of only two months threevessels sank and a fourth developed a serious list.In 2010we have become aware of problemswith theshipment of iron ore fines from Indonesia.

Iron ore fines at Lhoong, SumatraIn March 2010 a vessel was fixed to load iron orefrom Lhoong on the Indonesian island of Sumatra(photograph 1). We established that the ore wassimply dug from the ground and stockpiled withoutany processing. A specification issued by the minestated that 75% of the cargo had a particle size inthe range 0–5 mm.

As the cargo comprised mainly of fines, the masterrequested a cargo declaration on arrival, stating aflow moisture point (FMP) and transportablemoisture limit (TML). The shipper informed themaster that, ‘it was usual for them to load the cargowithout such a document,’ but they did informallyadvise him that the moisture content of the cargowas only 6 wt%.

The cargo was subjected to the ‘can test’, with thepresence of freemoisture on the surface of the sample(photograph 2), indicating that additional laboratorytests were required (IMSBC Code, Section 8).

On attendance at the mine’s laboratory, it wasdiscovered that it did not have sufficient equipmentto perform the necessary moisture analysis, nor didit have the flow-table equipment required fordetermining the FMP and TML of the cargo. In fact,

the mine personnel did not appear to have anyunderstanding of FMP or TML.

Samples were taken from the cargo and sent to theMTD Singapore office for analysis. Almost 90% ofthe sample was found to have particle size < 6.7 mm(comprised of fines), and the FMP and moisturecontent of this material was determined to be11 wt% (TML = 10 wt%) and 13 wt%, respectively.As illustrated in photographs 3 and 4, the moisturecontent significantly exceeded the FMP and sothe cargo was rejected. As the shipper was unableto provide an acceptable cargo for loading, thevessel sailed.

Lateritic iron ore fines at KalimantanLateritic minerals are formed by the intensive andlong-lasting weathering of rocks in tropicalclimates. Lateritic iron ore is therefore formed in thesame manner as lateritic nickel ore, the fines ofwhich are known to be susceptible to liquefaction.

Lateritic iron ore fines differ in appearance andbehaviour to the iron ore fines typically shippedfrom India. In particular, the FMP of Indian iron orefines are found to be in the range 9–12 wt%, whilethe Indonesian lateritic iron ore fines have beenfound to have higher values in the range 17–22wt%.

InMay 2010 a vessel arrived at Sebuku Island to loadtwo types of lateritic iron ore fines (photographs 5and 6). The differentiation between these fines wasbased on their method of production, with one typesimply being dug from the surface and stockpiled.The second type was produced as a by-productwhen washing iron ore lumps (photograph 7). Onrecovering the latter from washing pools, it wasapparently left to dry for 6 months prior to shipment.

A shipper’s declaration was issued stating themoisture content of the fines as 22%, but FMP andTMLwere not included as the shipper considered the

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moisture content to be too low to require a declaredFMP. After questioning the declaration a newdocument was issued, which now included a FMPand TML of 28 wt% and 25 wt% respectively. Onasking to see the mine’s laboratory facilities andconfirm the above results, we were informed thatthey did not have a laboratory and the shipper wasunable to confirm how the figures had been derived.

Can tests were performed on the fines with freemoisture being clearly visible. Samples were againtaken for moisture content and FMP testing in ourSingapore office. The FMP of the fines produced bysurface mining, and recovered from wash pools,were found to be 22 wt% and 21 wt% respectively.This compared to average moisture contents of25 wt% and 23 wt% respectively. Again, the iron orefines were found to be unacceptable for shipment(see photographs 8 and 9 for flow test on asreceived sample).

A second problem was encountered at theKalimantan load port of Sampit. A moisture contentof 12 wt% was reported for the cargo, but FMP wasnot declared. Performing representative samplingand analysis showed that the average moisturecontent was significantly higher at 19 wt%, whichwas above the determined FMP of 18%. Again, thecargo was not fit for carriage.

SummaryThe problems with the quality of cargo and accuracyof the shipper’s declarations for lateritic nickel orebeing shipped out of Indonesia have been welldocumented, and it now appears that similarproblems are being encountered with iron ore finesand lateritic iron ore fines in Indonesia.

In particular, there has been a reluctance to provideFMP and TML for these cargoes, which is requiredunder the International Convention for the Safety of

Life at Sea (SOLAS) and essential for their safecarriage. In fact, in our experience, the mines do nothave the equipment necessary to determine FMP. Inaddition, the moisture contents determined by themines have been found to be significantly lowercompared to independent checks carried out at thetime of loading.

We would strongly recommend that all mastersfixed to carry such cargoes treat the shipper’sdeclaration with extreme caution. All results shouldbe verified by visiting the mine’s laboratory.Checks should be made to confirm that it has theequipment necessary to determine FMP, andlaboratory workbooks recording the flow-table testresults should be obtained to ensure that the flowpoint has been accurately identified. The samplingregime used to determine the average moisturecontent also needs to be checked to ensure that thedata presented represents the true quality of thecargo to be shipped.

Prior to loading, can tests need to be performed,either at the stockpile or on the barge. Samplesshould be taken from a number of locations wellbelow the surface. When loading from barges, grabscan be used to excavate about 2m into the stow,while ashore excavators can be used. The surface ofthe sample should be checked for the appearance ofany moisture. There may be a tendency for themoisture to migrate downwards and so the samplesshould be removed from the can so that all surfacescan be checked.

If there are any doubts about the quality of thecargo, then expert advice should be sought.

North of England is grateful to Dr Ken Grant ofMinton Treharne & Davies (S) Pte Ltd for providingthis article. Address: 50A Bussorah Street,Singapore, 199466. Telephone: +65 9011 9057.Email: kengrant@minton.com.sg

Ensuring freehealthcare inthe EURecently North has been involved in two caseswhere seafarers have been injured and disembarkedfor free, high quality medical treatment in Europeanstate hospitals – resulting in a significant savingin costs.

In one case a seriously injured crew member wasairlifted to Las Palmas, Canary Islands, for care andin the other a seafarer was hospitalised in Italy. Inboth cases the seafarers were EU citizens receivingmedical treatment in EU member states, such thatthey received treatment free of charge underreciprocal healthcare arrangements.

The arrangements entitle all EU citizens to the samelevel of free healthcare available to local nationals.

EHIC and E101 certificatesHowever, to ensure EU seafarers receive freeemergency healthcare in Europe, the Clubrecommends they apply to their local governmenthealthcare departments for a European HealthInsurance Card (EHIC). The cards are issued free toEU nationals and provides the holders with freeemergency medical care in member countries.

North also recommends that Members whichemploy EU citizens additionally apply for an E101certificate, which provides similar free healthcareto employees working in EU member states. TheE101 certificate is usually valid for one year but canbe extended to two years. Only employers mayapply for them.

Belt and braces approachIn the Club’s experience, EU member states caninterpret the rules differently. While some countrieswill accept a crewmember’s EHIC, others will takethe view a seafarer is working in their county andwill only accept an E101 certificate. North thereforebelieves it is better to have both the EHIC and E101certificate to ensure free healthcare is obtained.

The card or certificate should be provided to thehospital on admission to obtain free healthcare.Otherwise the hospitals are entitled to chargefor treatment, even if a card or certificate isprovided later.

Members who require further informationshould contact John Webb at the Club:john.webb@nepia.com

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Crew contracts –a reminderNorth regularly reviews contracts of service oremployment entered into by Members with theircrews. This service is intended to assist Members toprotect their position when negotiating anddrafting contracts – including collective bargainingagreements – and to help identify any problemswith crew contracts which have already beennegotiated and signed.

A fundamental issue, but one which isoccasionally overlooked, is the need to be certainabout the identity of the ‘employer’ under thecrew contract of employment as the companynamed is not always the registered shipowner.

To be covered for risks in relation to crew arisingunder the contract of employment – such asliabilities to pay damages or compensation fordeath, personal injury or illness or medical,hospital or funeral expenses – the party named asemployer must also appear as an ‘interested party’on the Member’s terms of entry.

With the complexity of arrangements thatsometimes involvemanning agents, crewmanagersand other entities it is all the more important thatMembers are aware of the need for certainty inrelation to their crew employment arrangements.

Members are advised therefore to submit theircrew contracts of employment to the Club forreview if they have not already done so.

Members who require further information or wishto submit their crew contracts of employment forreview should contact Maria Laffey at the Club:maria.laffey@nepia.com

Lifejackets: sizemattersIMO maritime safety committee resolutionMSC.201(81) adopted in 2006 introducedamendments to the International Convention on theSafety of Life at Sea (SOLAS) chapter III, regulation 7relating to the provision of infant lifejackets onpassenger vessels and adult lifejackets on passengerand cargo vessels.

For passenger ships on voyages of less than24 hours, a number of infant lifejackets equal to atleast 2.5% of the number of passengers on board areto be provided and for passenger ships on voyages of24 hours or more, infant lifejackets are to beprovided for each infant.

The other amendment sets out a requirement for theprovision of lifejackets for larger persons on cargoand passenger ships. The new SOLAS chapter III,regulation 7.2.1.5, states, ‘if the adult lifejacketsprovided are not designed to fit persons weighing upto 140kg and with a chest girth of up to 1750mm, asufficient number of suitable accessories shall beavailable on board to allow them to be secured tosuch persons’.

Documented risk assessmentConfusion over how many suitable accessoriesshould be available on board has led the UKMaritime and Coastguard Agency to produce someguidance. The UK is of the view that a ‘sufficientnumber’ with respect to SOLAS chapter III,regulation 7.2.1.5 shall be decided through a riskassessment conducted by the ship operator andscrutinised by the attending surveyor.

It would be expected that the ship operator willundertake a formal documented risk assessment ofthe likely number of such accessories required onboard, taking into account the number of personsfor which the vessel is certificated, the usualmaximum number of adults on board, and the likelynumber of adults in the weight and size rangebeyond that which the existing lifejackets will fit, upto a maximum of 140kg and 1750mm girth.

The MCA research of demographics suggests that arisk assessment which produced a figure of less that5% of total persons should be questioned.

Members who require further information shouldcontact the UK MCGA, website: www.mcga.gov.uk

Dangers fromheaving line end-weightsBack in the 1970s every deck cadet was taught howto tie a wide range of knots. One knot whichseparated ‘second trippers’ from ‘first trippers’ wasthe ball-shaped ‘monkey’s fist’, which adds weightto the end of a rope to make it easier to throw.A decent one could see the cadet promoted to helpthe bosun make up new heaving lines.

Since those days ships have more than doubled insize, distances frommooring stations to tug or berthhave increased as have height differences betweenthe ship’s deck and the tug or berth. This meansheaving lines have to be thrown a lot further, and anunsuitable knot or weight will not win any friends inthe mooring gang or tug when a heaving line comeshurtling towards them.

Risks of excess weightThe temptation for crew members may be either tograb the nearest object to make the end of theheaving line heavier or to embellish or replace thetraditional monkey’s fist. Competition to get the firstheaving line ashore may have started the trend toincrease the weight of the knot by immersing it inpaint or by placing a few steel nuts and bolts inside.Now the trend seems to be towards substituting ashackle, rubber cosh or the first piece of metalthat comes to hand.

Another change over the years is that everybody –including mooring gangs – now wears a safety

helmet, so it may be thought to be safe to throwmore heavily weighted lines directly at them. In facta safety helmet will offer only limited protectionand, with the rest of the body exposed to impact, aheavy line can easily bruise or break bones.

Alternatives to monkey’s fistWhat are the alternatives to an end knot? Thetraditional monkey’s fist without any added weightsis still very common, but rubber throwing rings andsmall (preferably leather) bags with no more than0.25 kg of sand are also acceptable. If using a smallsand bag, the bag must be over-size so that the sandcan shift on impact, absorbing some of the energy.

If the distance to the berth proves beyond thethrowing range of a safely weighted heaving line,the only safe alternative is to use a mooring boat.

Preventing accidents and claimsUsing a heaving line with an end weighted as shownin the accompanying pictures could cause seriousinjury and potentially expose the ship operator topersonal injury or damage to property claims.

All heaving lines on board should therefore bechecked to confirm they have nothing other than atraditional monkey’s fist knot or safe alternative.

The Club is grateful to Captain Y Beeckman, URSTowage and Salvage, Antwerp, Belgium, forinformation provided in this article.

Photo: Walter Vervloesem

Argentina getsstrict on storesdeclarations

7SHIPS

In Signals issue 45 North reported that wave heightsin the north east and central Atlantic Ocean and inthe north Pacific Ocean had increased considerablyover the last 30 years. It was pointed out that thisplaced particular importance on ensuring that ship’sstability and condition was properly checked beforea voyage commenced.

Since then further academic research has shownthat significant wave heights in the north Pacifichave continued to increase at a rate of 1.5cm a year,and each year’s ‘biggest wave’ has increased byan average of 10cm a year. ‘One hundred yearwaves’, which have a 1% chance of occurring in anygiven year, can now be up to 14m high – and waveperiod has also increased.

Masters are therefore again reminded that theyshould ensure that their ship’s stability andcondition parameters are properly checked andadhered to.

On some ships, such as container carriers, it may bedifficult for the master to check the accuracy ofdeclared weights and their distribution. However,masters are reminded that if observed departuredraughts are significantly different to calculateddraughts, they are entirely within their rights torefuse to sail until the difference has been explained.

A ship sailing with an unexplained draught couldwell result in the owner being held liable in the eventof a casualty or cargo loss or damage.

Biggerwaves call forstricter stability checks

Many phrases in common usage in the Englishlanguage are derived from nautical terms.This article is the first of a series explaining thenautical origins of common phrases, beginning with‘getting underway’.

‘Underway’ is defined in the InternationalRegulations for Preventing Collision at Sea asmeaning that a vessel is not at anchor, or made fastto the shore, or aground. So when a vessel isweighing anchor or unmooring, it is starting off itsjourney or task – getting underway. But how did thiscome to be described as underway, which soundsmore like a tunnel?

‘Way’ refers to the vessel’s progress through thewater. Once moving on the water a vessel is said tobe making way. It may be that the ship’s progress isdescribed as ‘way’ due to this being an old Englishname for road or route, and that this has simply beentranslated into nautical use.

But where does the ‘under’ come from? Somesources state that under is simply a corruption of ‘onthe’, possibly influenced by the Dutch wordonderweg meaning ‘on the way’.

Other sources suggest underway may be anotherspelling for ‘under weigh’, based on the idea thatwhen ships are loaded they are ready to sail. Indeedthis is supported by an anchor being said to be‘aweigh’ when it is raised from the seabed at thestart of a voyage.

Whatever the exact derivation and preferredspelling, it is clear the phrase ‘get underway’ refersto a ship beginning its voyage and has passed intocommon use as a phrase meaning to begin orset in motion.

Talking shop: ‘Getting underway’

Dar Es Salaamcontainer-ship raidsA gang of container-ship robbers has been reportedoperating off Dar Es Salaam, Tanzania. Recentattacks on anchored vessels follow a consistentpattern, being carried out between midnight and0500 hours by about 20 men in a dark-paintedwooden fishing vessel with a silenced motor.

The raider’s boat motors upwind of the targetcontainer carrier then drifts down, keeping in theblind spot in front of the bow. Gang members thenboard the anchored vessel just aft of the bow on theside away from the city. They open any accessiblecontainers using bolt cutters and, if they find a

container with something useful in it, pass thecontents over the side. It is very well organised and acontainer can be emptied in 30 minutes.

On several occasions, the gang has grabbed crewmembers patrolling the deck, threatened them withknives, stripped them of their clothes and possessions– including shoes, rings and watches – and tied themup. On completion of a raid, the robbers head south.

Members operating container vessels into Dar EsSalaam are urged to warn their crews of the risk andto keep a vigilant look-out while at anchor.

Argentinean customs legislation requires vesselsvisiting the country’s ports to prepare a ship storeslist for inspection on arrival in port. However, thelaw is not entirely clear on what should be listed,and failure to provide an accurate declarationcan lead to ship operators being fined by localcustoms authorities.

The items required to be listed are only described invery general terms – such as catering supplies, fuel,spare parts, gear, utensils, groceries and othermerchandise on board for crew and passengers.This makes it difficult for ships to produceaccurate declarations.

Unfortunately the customs authorities can be verystrict in their handling of inaccurate declarations.Simple clerical errors – such as including items ofequipment or stores in the list twice or leaving out anitem that the customs would expect to be included–have all led to fines being imposed. Disputes as tothe quantity of stores, such as paint, declared on-board have also arisen.

A typical example of how a fine could be imposedis where the master’s declaration includes bunkerfigures. In this situation the chief engineer’sdeclaration should exclude bunkers, otherwise thismay be construed as misrepresenting (effectivelydoubling) the quantity of bunkers on-board.

Fines and seizuresNorth is aware of the problem at the ports of SanLorenzo, Campana, Zarate, Lima, Las Palmas and SanNicolas. Generally fines can be between one and fivetimes the cost of the mis-declared items.

There have also been allegations of customs officialsrequesting direct cash payments. More recently,items such as televisions, DVD players, computersand refrigerators have been seized from vessels orcrewmembers.

When trading to Argentinean ports, Members shouldensure their vessels prepare a comprehensive storesand equipment list. The list should inventory andquantify every item of stores and equipment that isnot actually part of the ship’s structure. Care shouldbe exercised when finalising the list to ensure it iscomplete and accurate.

The Master should immediately contact localcorrespondents for assistance should they experienceproblems in this regardwith local customs authorities.

8 SHIPS

Helping seafarers to be more assertiveA question often arises these days about seafarers’confidence when faced with apparentlyunreasonable requests by officialdom or otherpersons. Examples of such situations include

• a port-state-control inspector insisting that crewshould be in the lifeboat during a lifeboatlaunching drill

• a charterer’s cargo surveyor insisting that holdsare not sufficiently cleaned for a cargo and thatthe ship will be off-hired for further cleaning

• a shipper’s surveyor trying to show that a bulkcargo is safe to load despite the cargo beingvisibly wet and having a moisture contentreading provided by the shipper’s own chemistrather than an independent third party.

The art of being confident in such situations is notabout being aggressive, conformational or rude – it isabout being assertive. Being assertive means beingreasonable and keeping to the facts and, if appropriate,being willing to compromise to reach a reasonable andequitable solution. The key to being assertive is thatseafarers must know their rights and keep to the facts.

Lifeboat exampleIn the first example above, ship’s officers should askthe port-state-control inspector to state in writingunder which part of the International Conventionfor the Safety of Life at Sea (SOLAS) he is making hisrequest so that the position can be checked beforeany operations are carried out.

SOLAS chapter XI-2, regulation 8, makes it clear that‘nothing’ shall constrain masters from taking adecision which – in their professional judgement – isnecessary to maintain the safety or security of theship. It further states that if masters find themselvesin a conflict over security and safety then it is theirobligation to put safety first.

To invoke their ‘right’, masters must have anoverriding identified reason backed up by the facts.In such circumstances, being reasonable remainsthe key to assertiveness – but any compromise mustalso reflect the safest option to the satisfaction ofmasters’ professional judgement.

Bulk cargo exampleWith regard to the example of loading a bulk cargo,SOLAS chapter VI, regulation 2, states that the shippermust provide the master with relevant cargoinformation inwriting sufficiently in advanceof loadingto enable the master to load the cargo safely withoutendangering the lives of the crewon the voyage.

Cargo documentation needed in advance wouldalways include a shipper’s declaration withappropriate information, which implies that criticalfacts such as moisture content provided by shipper’sown chemist may not always be appropriate from aship’s safety perspective.

One compromise under such circumstances mightbe for masters to conduct their own ‘can tests’before the cargo is loaded. They could also keep aclose watch on the commencement of loading – anysign of moisture or ‘splattering’ and masters arewithin their rights to stop cargo and re-test.

Know the factsThe loss prevention pages on the Club’s website –including Industry News – provide ship operatorsand masters with easily accessible facts which canhelp substantiate a point when being assertive.

Repairs – get them rightInsurance claims sometimes arise as a result of poor,inadequate or delayed repairs. Recent examplesinclude contamination claims arising from hydraulicsystem and valve defects, and personal injury arisingfrom defective electrical repairs.

Such claims are unnecessary. They arise fromcircumstances where a problem on-board hasalready been identified and steps should have beentaken, or already have been taken, to rectify theproblem. In most cases there are a number ofcontributing factors, such as

• inadequate supply of spares on-board• poor quality spares• crew training issues• absence of shore contractor supportwhere required• communication failings between the vessel andthe ship operator's shore side technical department.

Lack of experience and timeThe most important element when carrying outsuitable repairs is the crew; the vast majorityof routine repairs can and should be carried outon-board by crew members. However, increasingpressure on attracting and retaining sufficientlyexperienced seafarers has lead to situations whereinexperienced crew, unfamiliar with a particularvessel type or with company procedures, are requiredto identify deficiencies and rectify the problem. Oftenthis process is constrained by the time available dueto the operational schedule of the vessel.

The combination of inexperience and timeconstraints can lead to repairs not being properly

planned in accordance with company procedures. Itcan also lead to the actual physical repairs beingrushed. By-passing procedures and rushed repairsincrease the risk of the repairs failing and ofpersonal injuries occurring during the work. Wherethe repair involves hot work there is also anincreased risk of fire or explosion – for example,monitoring of adjacent spaces is often one of thefirst corners to be cut when in a rush.

Situations can easily develop where ship staff,through no real fault of their own, are placed ina position in which making proper repairsis problematic.

Providing supportShip operators need to provide sufficient support toseafarers to ensure that repairs can be carried outwith minimum risk, and the highest likelihood of asuccessful outcome. In this context support can takemany forms. Having the correct spares and thenecessary tools to perform the task is a good startingpoint. When combined with a comprehensiveplanned maintenance system, ensuring thatmaintenance manuals for equipment are onboardthe vessel, using permit-to-work systems, guidanceby senior officers and technical superintendentsand enhanced crew training the risks can bemuch reduced.

Perhaps the most essential elements of support arecommunications and time. With sufficiently opencommunications between the ship and the technicaldepartment ashore, the correct technical advice,

spares and stores can be provided to the vessel.If repairs are considered to be beyond the capabilityof the vessel, then shore contractor support canbe arranged.

Sufficient time to plan the repairs and to carry outthe work is vital. Again communication with thetechnical department ashore is important as sometasks will require that the vessels engines or cargosystems are out of service for a time. The technicaldepartment and the operations department mustliaise closely to identify a suitable window ofopportunity for repairs to be undertaken – this is notonly a vital support function for the vessel but alsocrucial in preserving revenue.

Even when repairs appear to be simple and do notrequire much planning, they should always besubject to oversight by either vessel senior staff ortechnical superintendents as even seemingly minorfaults can cause substantial claims.

Ensuring successCarrying out repairs on-board involves a complexinteraction of different procedures and processes.Ensuring that these procedures and processes cometogether in the correct way to produce a suitablerepair is a skilled task. Each and every element mustbe in place to ensure a successful repair.

Unsuccessful repairs are wasteful in terms oforganisational time and money and may lead toincidents, accidents and claims.

Helpingseafarers tobemoreassertive

IMOupdate

9NEWSSHIPS

MARPOL annex IShip-to-ship (STS) operations between tankersare to be regulated with the adoption of resolutionMEPC.186(59) to amend the InternationalConvention for the Prevention of Pollution fromShips (MARPOL) annex I and introduce a newchapter 8, intended to prevent pollution duringtransfer of oil cargo between oil tankers at sea.

The regulation enters into force on 1 January 2011.Any oil tanker involved in STS operations will berequired to have on board a STS operations plan,approved by its flag state administration, no laterthan the date of the first annual, intermediate orrenewal survey under MARPOL annex I, carried out onor after 1 January 2011 but not later than 1April 2012.

The approved plan is to be developed taking intoaccount information contained in the IMO Manualon Oil Pollution and the ICS and OCIMF Ship to ShipTransfer Guide (Petroleum). The plan is required toprescribe how to conduct STS operations and shouldbe written in the working language of the ship.

The person supervising STS operations should bequalified to a level that satisfies training requirementsoutlined in the ICS and OCIMF guide. Records of allSTS operations are to be noted in the oil record bookand retained on board for at least three years.

Vessels subject to the new regulation that plan STSoperations within the territorial sea or the exclusiveeconomic zone of a party to MARPOL are required tonotify the relevant coastal stateauthority at least48 hours in advance of any STS operation.

The regulations do not cover certain operations,including:

• fuel-oil loading operations• oil transfer operations associated with fixedor floating platforms

• STS operations necessary for securing thesafety of a ship or saving life at sea or forcombating specific pollution incidents in orderto minimise the damage from pollution.

SOLAS chapter IIAmendments to the International Convention forthe Safety of Life at Sea (SOLAS) chapter II-2,

regulation 19.4, also enter into force on 1 January2011. They include a revised standard format for thedocument of compliance (DOC) for ships carryingdangerous goods under SOLAS provisions.

The DOC period of validity should not exceed fiveyears for cargo ships and one year for passengerships. It should not be extended beyond theexpiry date of the valid appropriate ship safetyconstruction certificate issued to such shipsconcerned under SOLAS provisions. The revisedformat is contained in the annex to MSC circularMSC.1/Circ.1266.

SOLAS chapter VIMO maritime safety committee resolutionMSC.252(83) was adopted on 8 October 2007and provides for revised ‘performance standardsfor integrated navigation systems (INS)’. This isintended to enhance the safety of navigation byproviding integrated functions to avoid geographic,traffic and environmental hazards.

The revised standards enter into force for newsystems installed on or after 1 January 2011.Systems installed on or after 1 January 2000 butbefore 1 January 2011 are required to conform tostandards not inferior to those specified inresolution MSC.86(70).

Following adoption of amendments contained inresolution MSC.282(86), an electronic chart displayand information system (ECDIS) will now beaccepted as meeting the chart carriage requirementsof SOLAS chapter V, regulation 19.2.1.4.

The timeline for fitting ECDIS is now included in newregulation 19.2.10. Ships engaged on internationalvoyages shall be fitted with ECDIS as follows:

• passenger ships of 500 GT and upwardsconstructed on or after 1 July 2012

• tankers of 3,000 GT and upwards constructedon or after 1 July 2012

• cargo ships, other than tankers, of 10,000 GTand upwards constructed on or after 1 July 2013

• cargo ships, other than tankers, of 3,000 GT andupwards but less than 10,000 GT constructedon or after 1 July 2014

• passenger ships of 500 GT and upwardsconstructed before 1 July 2012, not later thanthe first survey* on or after 1 July 2014

• tankers of 3,000 GT and upwards constructedbefore 1 July 2012, not later than the firstsurvey* on or after 1 July 2015

• cargo ships, other than tankers, of 50,000 GTand upwards constructed before 1 July 2013,not later than the first survey * on or after1 July 2016

• cargo ships, other than tankers, of 20,000 GTand upwards but less than 50,000 GTconstructed before 1 July 2013, not later thanthe first survey* on or after 1 July 2017

• cargo ships, other than tankers, of 10,000 GTand upwards but less than 20,000 GTconstructed before 1 July 2013, not later thanthe first survey* on or after 1 July 2018.

* New regulation 19.2.11 permits an administrationto exempt ships from the application of regulation19.2.10 when such ships will be taken permanentlyout of service within two years after theimplementation date specified above.

SOLAS chapter VIIn keeping with the mandatory application of theInternational Maritime Solid Bulk Cargoes (IMSBC)Code from 1 January 2011, SOLAS chapter VI hasbeen amended to include definitions of the codeand of solid bulk cargo. New regulation 1.2 –Requirements for the carriage of solid bulk cargoesother than grain – requires compliance with theprovisions of the IMSBC Code. Cargo information, tobe provided prior to loading of solid bulk cargo, is tobe as required by section 4 of the IMSBC Code.

A revised regulation 5.1 on material safety datasheets requires that ships carrying oil or fuel oil, asdefined in regulation 1 of MARPOL annex 1, shall beprovided with material safety data sheets priorto the loading of such oil as cargo in bulk or asbunkers. These are to be based on recommendationscontained in IMO resolution MSC.150(77).

The third edition of the shipping industry’s BestManagement Practice to deter piracy off the coast ofSomalia and Arabian Sea area (BMP3) was publishedin June 2010.

As with the first two editions, it has been producedwith the cooperation of many different industryorganisations, EUNAVFOR, NATO and the UKMTO.The third edition has also been published as apocket-sized book to assist seafarers more directly.

Updates in the third edition include the expansion ofthe high-risk area beyond the Gulf of Aden to anarea bounded by Suez to the north, 10° south and78° east. Wider application of the procedures

recommended in the guide is essential to helpcounter the geographical spread of the threat fromSomali-based piracy.

The guide contains further advice on ship-protectionmeasures, a copy of the UKMTO vessel positionreporting form and fishing industry guidance. It alsoencourages post-incident reporting to MSCHOA andUKMTO and the relevant flag state.

Members can view or download an electronic versionof the guide from the latest update of the piracy(Somalia and Gulf of Aden) articles on theIndustry News pages of the Club’s website:www.nepia.com/publications/industrynews/

Newguide to piracy protection

10 NEWS

Major revisions to the International Conventionon Standards of Training, Certification andWatchkeeping for Seafarers (STCW) and itsassociated code were adopted at a diplomaticconference in Manila in June 2010 attended by morethan 500 delegates from 85 IMOmember states. Theamendments, known as ‘The Manila amendments tothe STCW Convention and Code’, are set to enterinto force on 1 January 2012 under the tacitacceptance procedure.

Among the amendments adopted are a number ofimportant changes to each chapter of theconvention and code, including

• measures to prevent fraudulent practicesassociated with certificates of competency

• revised requirements on hours of work and rest• new requirements for the prevention of drug andalcohol abuse

• updated medical fitness standards for seafarers• new certification requirements for able seafarers• new requirements for training in electronic chartsand information systems (ECDIS)

• new requirements for marine environmentawareness training

• new requirements for training in leadershipand teamwork

• new training and certification requirements forelectro-technical officers

• updated competence requirements for personnelserving on board tankers, including newrequirements for personnel serving on liquefied-gas tankers

• new requirements for security training andtraining to cope with attack by pirates

• new training guidance for personnel operatingdynamic positioning systems.

Fitness for dutyA revision of the ‘fitness for duty – hours of rest’provision was intended to align IMO requirementswith those of the ILO already incorporated into theMaritime Labour Convention (2006). The issueof rest periods created most interest and muchdebate. A significant number of delegationsdeclared themselves opposed to any exceptionsfrom the minimum rest periods provided by theILO regulations.

Agreement was reached permitting a minimum of77 hours rest per seven day period, to be reduced tonot less than 70 hours for a maximum of one week inevery three, or two weeks in every six. A minimum of10 hours rest in any 24 hour period was alsotransposed into STCW along with related provisionsfor the organisation of musters, drills, call-out andemergency situations. The minimum 10 hour restperiod per 24 hours can be divided into up to threeperiods, one of which must be at least 6 hours inlength. This concession may be used for a maximumof two consecutive days only. Also included arerevised requirements for a schedule of service andrecords of hours worked.

The amended convention contains a clause statingthat the minimum rest periods laid down do notneed to be complied with in the case of an

emergency or drill or, ‘other overriding operationalconditions’. Part B of the code describes this asessential shipboard work which cannot be delayedfor safety or environmental reasons, or which couldnot reasonably have been anticipated at the start ofthe voyage.

Other ILO exception criteria have been addedand include provisions for the allocation ofcompensatory leave for seafarers on vessels engagedon short sea voyages and the provision of additional,more frequent periods of leave.

Other significant changes include a requirement formaximum blood alcohol levels of not greater than0.05% blood alcohol level (BAC) or 0.25 mg/l alcoholin the breath, or a quantity of alcohol leading to suchalcohol concentration for masters, officers and otherseafarers while performing designated safety,security and marine environmental duties.

Revalidation of certificatesIn addition to the performance of twelve monthsapproved sea service within the preceding five years,revalidation of certificates will also be permitted onthe basis of three months approved sea serviceduring the six months immediately prior torevalidation. Service on tankers must also beevidenced by three months sea time during thepreceding five years.

Seafarers shall be required to update basic safetytraining every five years. On board training andexperience can be accepted for a number ofthese skills.

Competence of ratingsPreviously regulated by ILO, new competenciesfor able seafarers (ABs) have been established.Certification for AB (deck) and AB (engine) has beenestablished at a higher standard than that requiredfor a rating forming part of a navigational watch.ABs will be required to have attained the age of18 years to qualify.

Electro-technical competencyThe revised convention includes a new competencyfor the positions of electro-technical officer andelectro-technical rating on any seagoing shippowered by main propulsion machinery of 750kWpropulsion power or more.

Leadership and teamworkNew competencies in leadership and teamwork havebeen included in the training requirements fornavigating and engineering officers at operationallevel, along with competencies in the use ofleadership and managerial skills for senior officers.These competencies can be demonstrated bymeans of approved training, approved in-serviceexperience, practical demonstration or, in the caseof senior officers, simulator training.

Dangerous cargo endorsementsPrevious requirements for endorsement certificationfor oil, chemical or liquefied gas tanker cargooperations required the completion of at least threemonths approved seagoing service on the relevanttanker type. An alternative has now been approvedthat reduces qualifying sea time to one month,

provided it is in a supernumerary capacity andincludes a minimum of three loading and threeunloading operations.

Guidance in section B-V/1 of the code states that theon-board training programme should includeloading, discharging, care in transit, handling ofcargo, tank cleaning or other cargo-relatedoperations as would normally occur in three monthsshipboard service. If the three-loading and three-unloading criteria cannot be achieved, the period ofon-board training should be extended accordingly.

Offshore vesselsPart B-V of the STCW code contains new guidanceon training for personnel working on offshoresupply vessels (OSVs). The guidance highlights theimportance of masters and officers having relevantexperience or training before assuming their duties.

With regard to OSVs, particular emphasis is givento their unique manoeuvring and handlingcharacteristics. Also, prior to performing anchor-handling operations, masters and officers should befully aware of the ship’s handling characteristicsin relation to anchor handling. It is recommendedthat masters and officers in charge of anchorhandling have training and experience thatincludes operational supervision during a numberof rig moves.

Training and experience for personnel involved inoperating dynamic positioning (DP) systems shouldcover the range of routine DP operations, as well asthe handling of DP faults, failures, incidentsand emergencies.

Revised STCWconvention and code

EUAdvanceCargoDeclarationRegimeThe European Union Advance Cargo DeclarationRegime will come into force on 1 January 2011. Therules will apply to all goods being imported to andexported from the EU and to transit goods which arenot in free circulation. The primary purpose of theregime is to enhance the security of EU memberstates through monitoring the movement of goods.

Members can obtain up to date informationfrom Industry News on the Club’s website:www.nepia.com/publications/industrynews/

11LOSS PREVENTION

New reference sheet on enclosed spaces

North has a long history of involvement in lossprevention, both in developing initiatives andworking with Members to address particular issues.In the past, most decisions with regard to lossprevention were made by the Club on the basis ofclaims experience and informal liaison withMembers and their sea staff. However, it wasrecognised by the Directors a few years ago that itwould be beneficial to have a more formalrepresentative view of the membership and so theloss prevention working party was formed in 2007.

The loss prevention working party is appointed fromthe Club’s membership and, although initiallymainly based in northern Europe for logisticalreasons, its members represent a cross-section ofentered vessel types and operations.

Purpose and scopeThe working party meets twice a year with thepurpose of liaising with the loss preventiondepartment about North’s general loss preventionactivities and programme. It considers current issuesin the industry that affect P&I risks and suggestsmeans by which the Club’s loss prevention servicescould be utilised and means by which Members canaddress such issues.

It also reviews general loss-prevention informationand suggests means by which Members may be ableto assist with dissemination of this information.There will be more information about the workingparty in a special newsletter that will accompanythe next issue of Signals.

North’s loss preventionworking party

Included with this edition of Signals is the third inthe series of Hot Spots sheets, which deals withentry into enclosed spaces.

The sheets are not checklists; they aim instead toprovide practical hints and tips to help avoidincidents, claims and port-state-control deficiencies– or help to prepare for inspections and surveys. Theyare designed to be placed with spares or alongsideequipment where they can provide a quick referenceto all – whichmight not be the case if they were filed.

Seafarers should never be lulled into a false sense ofsecurity when it comes to enclosed space entry. Onehazard often overlooked when conducting riskassessments is, ‘rushing in to help your friends’.The consequence of this hazard is often death,so it must be considered and should be in the highestrisk category.

Many reports into enclosed space incidents have shownthat the death toll from the original incident wasexceeded by those rushing in to help. Raising the alarmimmediately and executing a well-practised enclosedspace rescue within the vital minutes it takes oxygendeficiency to take effect is amuchbetter option.

Even better of course is to take proper precautionsbefore entering an enclosed space in the first place.Following the easy-to-understand hints and tips inthe newHot Spots sheet will help control the hazardsof entering spaces which might be oxygen deficient.

A copy of Enclosed Spaces Hot Spots is enclosed withthis issue of Signals for Members and entered ships.A high resolution version, suitable for printing, can beviewed or downloaded from the Club’s website:www.nepia.com/loss-prevention/publications-and-guides/hot-spots.php

The focus of the international ‘The Mariner andthe Maritime Law’ seminar this year is on collectingevidence – and the event will be marked by thepublication of a new mariner’s handbook on thesubject prepared by North.

The Club is one of the principal sponsors of thesebiannual seminars, which are organised by theNorth East of England branch of the NauticalInstitute. The seventeenth event in Gateshead nextmonth will include speeches, presentations and roleplay explaining and emphasising the criticalimportance of collecting good evidence. Speakerswill include shipowners, seafarers, experts, insurers,correspondents and lawyers from around the world.

The seminar will coincide with the launch of a newevidence handbook by the Club and the NauticalInstitute. This complements the third edition of theinstitute’s The Mariner’s Role in Collecting Evidence in

Light of ISM. The handbookwill be a handy-sized guidefor Members, ship operators, ship’s officers, surveyors,marine investigators, P&I correspondents and lawyerson thepractical collectionandpreservationof evidencefollowingmarine accidents and claims.

The Mariner’s Role in Collecting Evidence Handbookwill be published by the Nautical Institute and a clubversion will be distributed free of charge to allMembers and ships entered with the Club with thenext issue of Signals.

The seminar will take place on 12–13 November 2010at theHiltonNewcastle-GatesheadHotel, Gateshead,UK, and the Club will be delighted to welcome anyMembers who can attend.

Details of the seminar and a registration form can beviewed and downloaded from the Nautical Institutenorth east UK branch’s website: www.neni.org.uk

Newevidence handbook to be launched at seminar

Members of loss prevention working party,June 2010.

‘Signals’ is published byNorth of England P&I Association Limited Baltic PlaceSouth Shore Road Gateshead Tyne &Wear NE8 3BA UKTel: +44 (0)1912325221 Fax: +44 (0)191 261 0540Email: loss.prevention@nepia.comWebsite: www.nepia.com

12 LOSS PREVENTION

Signals Search 25

Questions1 What is the name of the traditional weight on the end of a heaving line?

2 What card should EU citizens carry to receive free health care?

3 What type of bill of lading clause may provide protection forparties not party to a contract of carriage?

4 Parts of which code will become mandatory in January 2011?

5 What type of iron ore fines may have liquefaction problems?

6 Which Dutch word is a possible source of the phrase “underway”?

7 Which convention includes new regulations for ship to ship operations?

8 Where did an IMO diplomatic conference take place in June 2010?

9 Which new North publication gives guidance on enclosedspace precautions?

10 What will North’s next handbook give guidance on collecting?

Your copy of SignalsCopies of this issue of Signals shouldcontain the following enclosures:

Clean Seas poster – Ballast Water(Members and entered ships only)

• Signals Experience case study – Ballast waterexchange (Members and entered ships only)

• Enclosed Spaces Hot Spots -(Members and entered ships only)

Signals Search No. 24WinnersWinner:Captain Roger M Estomata,Master MV Friesian Express, Vroon BV

Runners-up:Captain Stelian Guteanu,Master MVWehr Flottbek,Oskar Wehr KG GmbH & CoPer-Ake Kvick,Kalmar Maritime Academy, Sweden

• In this publication all references to the masculine gender are for convenience only and are also intended as a reference to the female gender.Unless the contrary is indicated, all articles are written with reference to English Law. However it should be noted that the content of thispublication does not constitute legal advice and should not be construed as such. Members with appropriate cover should contact the Association’sFD&D department for legal advice on particular matters.

• The purpose of the Association’s loss prevention facility is to provide a source of information which is additional to that available to the maritimeindustry from regulatory, advisory, and consultative organisations. Whilst care is taken to ensure the accuracy of any information made available(whether orally or in writing and whether in the nature of guidance, advice, or direction) no warranty of accuracy is given and users of thatinformation are expected to satisfy themselves that the information is relevant and suitable for the purposes to which it is applied. In nocircumstances whatsoever shall the Association be liable to any person whatsoever for any loss or damage whensoever or howsoever arising out ofor in connection with the supply (including negligent supply) or use of information (as described above).

• Signals Search is open to all readers of Signals.

• Send a photocopy of your completed search, alongwith your name and, if appropriate, name of ship,position on board, company and address toDenise Huddleston at the Club.Email: denise.huddleston@nepia.com

• All correct entries received by the closing date willbe entered in a prize draw.

• Closing date Friday 3 December 2010.

Prizes will be awarded to the first correct entry andtwo runners-up drawn.

Details of the winner and runners-up will appear inthe next edition of Signals.

The Ballast Water Convention was adopted in 2004but requires a further four states of some 11% of theworld’s merchant tonnage to satisfy requirements forentry into force (correct at 31 July 2010). Despite this,many countries have introduced their own nationalor regional mandatory ballast-water requirements,most of which are loosely based on IMO guidelinescontained in resolution A. 868(20).

North’s latest poster in its Clean Seas series – entitledBallast Water – is intended to draw attention to theimportance of ship operators and masters adhering

to the requirements of regional and national ballast-water regulations by having in place an approvedballast-water management plan and maintainingaccurate records of ballast-water exchange andtreatment in the ballast-water record book.

A copy of Clean Seas – Ballast Water is enclosed withthis issue of Signals for Members and entered ships.A high resolution version, suitable for printing, can beviewed or downloaded from the Club’s website:www.nepia.com/loss-prevention/publications-and-guides/posters/

Newposter on ballastwatermanagement

Answers to Signals Search 241 HNS2 PPECB3 Dihydrate4 Lumley Castle5 Pilot ladders6 Fluoride7 Signals8 MEPC9 Cleanseanet10 Good will

B W O E I M N F S S M U X L M

G Y K M L H H G G O X I T K A

V T S C O B H X N E E E W P N

K B K R X K V K I N B S M T I

C K P F T F E E X O H R O P L

N F E E X Y W J P T G O B K A

F Z F B S C G E V I D E N C E

D T T F N P E A F M T N Z I S

C R I Y E N W T Y X A Z K T J

M S C I T I R E T A L R O Z E

T B U N W M E E K Z L P P B E

S M O V M G D I V A S A M O I

Q D T X A X N W I T R O M J L

W F M Y E K O V O K Q P X I T

H H H H Q I W H C I H E O E H