These guidelines have been developed to assist flag State administrations to effectively implement their responsibilities with respect to the ship inspection and certification duties under the Maritime Labour Convention, 2006, as amended (MLC, 2006) updated to reflect 2014, 2016 and 2018 amendments.

The guidelines are intended to provide supplementary practical information and guidance to flag States that can be adapted to specifically reflect their national laws and other measures implementing the MLC, 2006.

It must be emphasized that these guidelines are intended as a practical resource that can be used by any government that finds them helpful.

In all cases, the relevant national laws or regulations or collective bargaining agreements or other measures implementing the MLC, 2006, in the flag State should be viewed as the authoritative statement of the requirements in the flag State.

The remaining sections of Chapter 1 provide general information on the structure, key concepts and terminology used in the MLC, 2006.

Chapter 2 is divided into two sections. The first section provides an overview of the flag State inspection system obligations in the MLC, 2006, and contains information with respect to actions or determinations that flag States or the competent authority in the flag State may take for ship inspection and certification. The second section provides more specific guidance on the process of maritime labour inspection and certification under the MLC, 2006.

Chapter 3 addresses the requirements of the MLC, 2006, that are to be inspected and, if required, certified, on all ships covered by the MLC, 2006. It contains guidance as to what a flag State inspector (or a recognized organization (RO) that has been delegated this task by a flag State) would check in verifying compliance. It also provides some examples of deficiencies.

Chapter 4 outlines a range of actions that can be taken if deficiencies or non-conformities are identified by flag State inspectors (or reported to the flag State by ROs acting on its behalf).

Source: kassidiaris

Finding Solutions for Maritime Security Challenges in the Tri-Border Area
by Mary Fides A. Quintos

The Philippines, Indonesia, and Malaysia have intensified maritime security cooperation in the Tri-Border Area with the recent launch of the trilateral air and maritime patrols as vital components of the Trilateral Cooperative Arrangement. As experience in the Strait of Malacca and the Western Indian Ocean and Gulf of Aden has shown, coordinated patrols enhance law enforcement and serve as useful deterrence against illegal activities at sea. These regions also provide other lessons in repressing piracy and armed robbery against ships that countries in the Tri-Border Area can draw from. Notwithstanding differences in geography, politics, and resources, relevant initiatives that can be considered and tailored for the region are valuable in arriving at sustainable and long-term solutions for the Tri-Border Area.

The tri-border area: issues and responses

The tri-border area between the Philippines, Indonesia, and Malaysia includes the Sulu-Celebes Sea region, which covers 900,000 square kilometers and hosts approximately USD 40 billion dollars’ worth of cargo annually. The East Kalimantan trading route, in particular, is vital to the Philippines’ energy security, where roughly 70 percent of the country’s coal imports amounting to USD 800 million dollars are transported from Indonesia every year. This high value trade, however, is vulnerable to maritime crimes due to weak governance, high levels of poverty, and longstanding armed conflicts in the area.

The Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) Information Sharing Center reported a total of 23 actual and attempted incidents of abduction of crew from ships in the Sulu-Celebes Sea region from March 2016 to June 2017. Out of the 59 abducted crew from Indonesia, Korea, Malaysia, Vietnam, and the Philippines, 2 were killed, 39 were released/rescued; and 18 are still in captivity at the time of writing. It is particularly alarming that the perpetrators were bold enough to attack at broad daylight, and would violently open fire at the targeted ship, crew, and even maritime law enforcers. Moreover, the Abu Sayyaf Group (ASG), an Islamic extremist group based in southern Philippines, claimed responsibility for most of these incidents, which raises concern over their growing reach in the region.

The vastness of the area that needs to be safeguarded and the transnational impact of these maritime crimes propelled the governments of the Philippines, Indonesia and Malaysia to sign the Trilateral Cooperative Arrangement (TCA) on 14 July 2016. Under the ambit of the TCA, rotational naval and air patrols were launched in 2017, and Maritime Coordinating Centers were established in Tarakan, Indonesia; Tawau, Malaysia; and Bongao, Philippines that would serve as operational command and monitoring stations.

The Philippine government, in particular, also implemented the following regulations and guidelines effective June 2017: the establishment of a Recommended Transit Corridor (RTC) between Moro Gulf and Basilan Strait where vessels are required to provide notification to relevant authorities prior to transit and where law enforcement units are deployed to respond immediately to incidents of piracy and armed robbery against ships; the implementation of Safety, Security and Environmental (SSEN) Numbering Systems for all Philippine-registered vessels for improved tracking and monitoring; and the prescription of radio communication equipment onboard Philippine-registered vessels.

What else can be done?

Ship protection measures. According to the booklet on “Best Management Practices to Deter Piracy off the Coast of Somalia and in the Arabian Sea Area (BMP)”, shipowners are encouraged to include several ship protection measures such as deploying additional lookouts on the vessel for enhanced vigilance and watchkeeping; constructing physical barriers at vulnerable access points; using water spray and foam monitors; installing CCTV cameras and alarms; and establishing an internal safe muster point or citadel. Although the applicability of these recommendations varies with every ship type and risk assessment, shipowners have the flexibility to determine what is most appropriate for them.

Involvement of external forces. The lack of a functioning government to deter piracy off the coast of Somalia was compensated by the involvement of extra-regional forces. For example, the European Naval Force Somalia (EU-NAVFOR) conducts nonstop surveillance of vessels transiting through the Gulf of Aden. Also, the North Atlantic Treaty Organization (NATO) Operation Ocean Shield provides naval escorts to transiting ships and facilitates information-sharing between NATO governments and the international shipping community. Likewise, the Combined Task Force-151, which consists of 15 states from Asia-Pacific and Europe, also conducts various anti-piracy missions including patrol operations in the Gulf of Aden.

Countries in and surrounding the Tri-Border Area may now have increased capacity and resources for law enforcement, but as Ian Storey rightly pointed out, year-round patrol operations can be very costly in terms of manpower, hardware, fuel, and maintenance. Thus, assistance from external players can be useful to increase capability and expertise. Signatories to the TCA have already indicated the potential involvement of neighboring states in this initiative. Allowing the participation of extra-regional players, including the major powers, also merit careful consideration in terms of the kind of assistance, timing, and the extent of involvement.

Adequate legal framework. Beyond increased capacity to make arrests, the successful prosecution of criminals is crucial to bring accountability and send a strong signal that the fight is serious and steadfast. The mobility of criminals especially across porous borders underscores the need for legal cooperation among states.

One of the pillars of the Djibouti Code of Conduct (DCoC) is the creation of legal frameworks to criminalize piracy and armed robbery against ships and to make adequate provisions for the exercise of jurisdiction, conduct of investigations and prosecution of offenders. In the pursuit of this objective, inter-agency legal workshops were conducted among parties to the DCoC.

Apart from incidents of piracy that occur in the exclusive economic zone, other types of attacks on ships are not governed by the United Nations Convention on the Law of the Sea (UNCLOS). For instance, violence within the territorial limits of a state constitutes armed robbery at sea, while attacks that are politically motivated may be regarded as maritime terrorism. Hence, international conventions such as the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA), and the 1979 Hostages Convention, among others, aim to supplement UNCLOS and provide a framework for international legal cooperation on prosecution or extradition. These Conventions allow for offenders to be indicted in (1) the territory of the state where the attacked vessel is registered, (2) in the state where the crime took place, (3) in the state of nationality of the offenders, or (4) in the state where the offenders are found after an escape. It is helpful if countries in the Tri-Border Area would ratify these instruments and incorporate them in their national legislations to eliminate places of refuge for offenders. Thus far, only the Philippines has ratified the SUA Convention, and only the Philippines and Malaysia are parties to the Hostages Convention.

Land-sea nexus of crimes. Maritime crimes, in general, are mere manifestations of deep-seated problems on land. Planning, network, and refuge of offenders at sea are also land-based. Analysts believe that the conflict in Aceh and the lack of economic opportunities have led many to turn to piracy in the Strait of Malacca as a source of living. A significant decrease in attacks, however, was correlated to the normalcy in the area following the 2005 Peace Agreement.

In the case of Somalia, although piracy was successfully contained for some years, a resurgence of piracy attacks has been reported in 2017 possibly due to the decreased presence of anti-piracy forces and complacency of shipping companies in implementing best practices. Moreover, instability and food insecurity caused by drought, famine, and illegal fishing by foreign vessels persist.

Sea-based operations, therefore, may only serve as a band-aid solution; maritime crimes cannot be completely eradicated without addressing the land-based sources of the problem.

Conclusion

There is no single formula nor a flawless method for suppressing all types of crimes at sea. Most of the time, the tactics of offenders are so organized and evolving fast that dealing with them requires multiple combinations of innovative and holistic strategies. What works for one region may not necessarily work for others, but there is always value in learning from others’ experiences. Seeking other best practices in combating maritime crimes in the Tri-Broder Area should also be a continuous endeavor, especially since resolving the underlying problems takes time. More importantly, the role of cooperation not only among states, but including the private sector and other stakeholders, should be paramount. After all, security is everybody’s responsibility.

Source: fsi

Genting Hong Kong’s German shipbuilder MV Werften is reportedly teetering on the brink of insolvency as the company finds itself in protracted negotiations with the German federal and state government over long-promised financial assistance. Earlier today, January 7, Genting Hong Kong requested a suspension in trading of its stock pending an announcement, while in Germany its shipyard management informed employees that it would not be making December wage payments scheduled for today.

In meetings with the labor unions, MV Werften stressed that the company still had significant cash balances, but that due to loan covenants it was forced to postpone wage payment till next week. “The heart would have liked to do it and the cash register would have allowed it,” Carsten Haake, Managing Director of MV Werften told German media after a meeting with the unions. “We have 30 million euros ($34 million) in liquidity, but there are legal frameworks under which we were not able to pay the wages today.”

A spokesperson for the German unions at the shipyard said that they believe the future hangs in the balance with the financial talks that are also complicated by politics. The shipyards currently have approximately 2,000 workers with 1,600 reportedly working on a giant new cruise ship called Global Dream that is being built for Genting’s Dream Cruises. Work on the 208,000 gross ton cruise ship has been delayed several times first by the pandemic and then the financial troubles but it was expected to be delivered this year.

On January 2, 2022, Genting Hong Kong apprised shareholders of the situation in what it called a voluntary announcement. The company said that the continued pandemic, and specifically the emergence of the Delta and now Omicron variants, had impacted the recovery of its cruise operations. Genting Hong Kong is the parent company of U.S.-based Crystal Cruises, which resumed operations in the summer of 2021, as well as Dream Cruises, which is operating cruise ships on restricted programs from Singapore, Hong Kong, and as of last week Taiwan, as well as Star Cruises, which just started cruises from Malaysia.

Genting and MV Werften’s financial difficulties began in the summer of 2020 when all of their operations were suspended due to the pandemic. Genting Hong Kong completed a recapitalization which in part was based on loan guarantees from the state government where the shipyard is located as well as the federal government’s Economic Stabilization Fund. An initial bridge loan supplied in 2020 was used to complete construction of the Crystal Endeavor, an expedition cruise ship, and in June 2021, Genting reported that it had reached agreements with Germany for financial support to be used to run the shipyard and complete the construction of the Global Dream.

In mid-December 2021, in danger of breaching its minimum liquidity covenant, MV Werften sought to draw down $88 million from a “backstop loan” provided by the State of Mecklenburg Vorpommern and the WSF stabilization fund.  The state informed Genting that it did not believe the company had met the conditions required to access the loan while Genting contends it “satisfied all drawdown conditions.”

Genting went to court seeking an injunction to force the release of the monies. The court initially sided with Genting, but later lowed the amount that Genting could draw and then ruled to suspend any immediate payments and ordered a further hearing scheduled for January 11. Pending the outcome of the hearing and the negotiations, Genting Hong Kong reported that it will continue to consider various options to address the potential liquidity needs of the group.

Speculation in Germany is that MV Werften will be declared insolvent, which could begin a protected recapitalization of the shipyard operation. Work would likely be curtained at the company’s three shipyards with the mayor of Mecklenburg Vorpommern reporting that he expects the shipyard would close permanently and that he was planning to buy the location to convert it into a multi-use industrial park. The situation is continuing to evolve, with late today the German media outlet Oostee-Zeitung reporting that the former owner of the shipyard has expressed interest in buying the locations in Stralsund and Warnemünde for use with the emerging offshore wind power industry.

Source: maritime-executive

The Danish navy has released three suspected Nigerian pirates who were picked up by a frigate in the Gulf of Guinea in November after it failed to find a country in the region to take them, the Danish Armed Forces said on Friday.

The three, who had been detained aboard the frigate Esbern Snare, were put to sea on Thursday in a small dinghy with enough food and fuel for them to reach shore safely to shore.

“They have no relation to Denmark, and the crime they have been charged with was committed far from Denmark. They simply do not belong here, and that’s why I think it’s the right thing to do,” Danish Justice Minister Nick Haekkerup said in a statement.

Forces on the frigate, which deployed to the Gulf of Guinea in October, killed four pirates in waters south of Nigeria in late November in an operation to protect shipping amid heightened security risks from pirates.

Four other suspects were taken on board the frigate but Denmark failed to reach an agreement with countries in the region to transfer them.

The fourth suspect, who has been in hospital in Ghana with injuries, could not safely be released at sea and has therefore been brought to Denmark for prosecution, the Justice Ministry said.

He will be put in front of a judge for preliminary questioning in a Copenhagen court later on Friday. His lawyer could not immediately be reached for a comment.

The release, made in accordance with international rules, took place near Nigerian territorial waters south of Niger Delta, the armed forces told Reuters.

The Gulf of Guinea has been a piracy hot spot for years, but incidents have decreased since national authorities stepped up security efforts aided by foreign naval ships.

Source: marinelink

Royal Navy Command, Thailand, responded after being informed about ghost ship found some 70 nm southeast of Koh Samui island, Gilf of Siam, on Jan 5 or 7, exact date unclear. Abandoned cargo ship of some 80 meters length was adrift, with aft tilt and portside list. She was abandoned for quite some time, from the looks of her. No signs or traces which could help in solving her mystery were found, except Chinese name, which when published, was obviously misspelled, reading as FIN SHUL YUEN 2. Navy boarded the ship, salvage under way, because she can’t be left drifting in waters of Gulf of Siam, in close proximity to traffic lanes, oil rigs and resort areas.

Source: fleetmon

Heidmar said pooling is an efficient means of consolidation, granting the scale and flexibility necessary to meet the needs of growing customers. The deal will bring the number of vessels operated by Heidmar to 60 across crude, product and chemical tankers, ranging in size from 10,000 dwt to VLCCs.

“I am extremely pleased to announce today the joint venture with Capital and the relaunching of the Heidmar brand. The unique and transparent trading platform of Heidmar that has enjoyed an excellent reputation in the market for decades and the exceptional performance of our pools have been key drivers in attracting quality tanker owners like Capital,” said Pankaj Khanna, CEO of Heidmar.

Source: seatrade-maritime

States in the Gulf of Guinea region must take responsibility and step-up prosecution efforts when pirates are apprehended by international navies, said BIMCO today.

The statement came following the release of three suspected Nigerian pirates who had been held in custody on board the Danish frigate Esbern Snare.

The Danish frigate has been part of an international anti-piracy effort in the Gulf of Guinea to deter pirates since the end of October 2021.

On November 24, special forces from the frigate were involved in a firefight with gunmen in a skiff full of piracy equipment in the waters south of Nigeria.

THE SUSPECTS

Four suspects, including the three who have now been released, were detained on board the frigate. After Denmark failed to find a country in the region to take them, the three were put to sea on Thursday in a small dinghy with enough food and fuel for them to reach shore safely.

They had been charged under Danish law with attempted manslaughter by firing at Danish personnel. They were released after Danish Minister of Justice Nick Hækkerup decided that the indictments should be dropped.

“We have no interest in getting the persons in question to Denmark, where they would have to serve a possible sentence, and where we also risk that they would not subsequently be able to be deported,” said Hækkerup. “Therefore, I have quite exceptionally made the decision to order the prosecution to notify three of the four suspected pirates of a waiver. This means that the three suspected pirates have been set free. They have no connection to Denmark, and the crime they have been charged with has been committed far from Denmark. They simply do not belong here. And that’s why I think it’s the right thing to do.”

The fourth detained suspect had been admitted to a hospital in Ghana as a result of injuries sustained in the confrontation with Danish personnel. Now he has apparently been flown to Denmark after Ghana refused to keep him and the Armed Forces determined that, for health and safety reasons, he could not be released at sea. He was expected to appear before a Danish court today.

BIMCO CALLS ON REGIONAL STATES TO ACT

“The presence of international navies is a very important step in the right direction to keep seafarers safe but establishing a sustainable security situation in the Gulf of Guinea cannot happen without full support of the region,” says BIMCO Secretary General and CEO, David Loosley. “Bringing suspected pirates to justice is best done by regional coastal states. We have seen suspected pirates brought to justice in the region before. International collaboration between regional jurisdictions and non-regional military forces holds a tremendous potential that cannot be missed,”

BIMCO notes that in July 2021, it was reported that a Togolese court had convicted nine men of piracy following an attack on a tanker in May 2019. One of the pirates was sentenced to 15 years in prison while six were each sentenced to 12 years in prison

Since the arrival of international navies with robust mandates, the number of pirate attacks and kidnapped seafarers in the region has dropped significantly. In the fourth quarter of 2020 an estimated 23 attacks were made against merchant ships trading in the Gulf of Guinea while 50 seafarers were kidnapped. By fourth quarter 2021 the numbers had dropped to seven attacks and 20 kidnappings.

The Gulf of Guinea coastal states are increasingly focusing on maritime security and several initiatives are underway. There are however still challenges. As an example, Nigeria’s Deep Blue initiative is still not deployed on active antipiracy operations.

Source: marinelog

Conoship International Projects (CIP) of Groningen, The Netherlands, announced it has developed the design for a 3,600 dwt general cargo vessel, suitable for sea-river operations. Each vessel will measure 289 feet in length and have a hold capacity of over 180,000 cubic feet.

The construction of this first series of six cargo vessels is planned for spring 2022, while the entire series is expected to be delivered in 2023. The diesel-electric powered cargo vessels will be built at Fosen Yard Emden, Germany.

“We are very proud that this ultra-fuel-efficient cargo vessel is developed according to our philosophy to build in series in the North of Europe,” says Maarten Sickler, Director of Conoship International Projects. “This vessel can be considered the new standard for low-air draught sea-river coasters.”

The project was initiated by Conoship based on extensive market research and working with potential customers and the shipyard that will build the vessels. CIP also actively brokered between finance houses, owners, and shipyards.

In addition to an efficient diesel-electric propulsion system, the vessels are designed with an enlarged propeller in combination with optimized hull lines and a unique stern arrangement. Conoship reports that the design will produce enhanced fuel efficiency and meets phase 3 requirements for the EEDI calculation.

To further improve its performance, the design is also ready for wind-assisted propulsion. The concept includes two rigid foils that would be fitted in the forward area of the ship. The foils would reduce fuel consumption and CO2 emissions by about 10 percent, depending on the sailing route.

Additional elements of the design address future changes in the shipping business. For example, a switch of future fuel types such as liquid hydrogen or ammonia is facilitated by the design arrangement. Conoship notes that the requirements of the future fuels have been taken into account from the beginning of the conceptual design process.

“We are delighted with the order,” says Carsten Stellamanns, managing director of Fosen Yard Emden. “The order is intended to become a flagship project and attract other similar projects to the region.” (Artist rendering image from Conoship)

Source: maritimemag

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Source: maritime-news

China News Service, Wuhan, January 8 (Chen Libo) The Yangtze River Maritime Safety Administration announced on the 7th that in 2021, the number of accidents, the number of dead (missing), the number of sunken ships, and the economic loss will drop by 29.6% and 36% respectively in 2021. %, 45.5%, and 48.6%, and the “four indicators” of accidents decreased year-on-year. Among them, the number of d

China News Service, Wuhan, January 8 (Chen Libo) The Yangtze River Maritime Safety Administration announced on the 7th that in 2021, the number of accidents, the number of dead (missing), the number of sunken ships, and the economic loss will drop by 29.6% and 36% respectively in 2021. %, 45.5%, and 48.6%, and the “four indicators” of accidents decreased year-on-year. Among them, the number of deaths and missing persons was the second lowest in history, and the remaining three indicators were the lowest in history. The water safety situation achieved another good result.

The relevant person in charge of the Yangtze River Maritime Safety Administration introduced on the 7th that the bureau is responsible for the safety supervision and communication guarantee of the waters nearly 2,700 kilometers away from Yibin, Sichuan, Jiangsu, and Liuhekou, the main line of the Yangtze River. There are more than 65,000 ships sailing, and there are more than 220 drinking water sources. The area under the jurisdiction is highly ecologically related, highly related to people’s livelihood, highly related to development, high safety risks, and complex water navigation environment.

The picture shows Changjiang Maritime Law Enforcement implementing “no punishment” or “no punishment for the first violation” for 24 types of minor violations. Photo courtesy of Changjiang Maritime Safety Administration

In order to effectively ensure the water traffic safety of the Yangtze River trunk line, in 2021, the Yangtze River Maritime Safety Administration will put into use the most advanced 60-meter comprehensive emergency command vessel “Maritime 01” in the country, transform and upgrade the Yangtze River trunk water search and rescue coordination center, and organize the establishment of the Yangtze River Shipping Meteorological Service Alliance.

At the same time, emergency rescue and on-duty duty were strengthened. A total of 1,443 safety warnings were issued throughout the year, and 230 navigation bans were implemented; 66 water search and rescue operations were carried out, and 75 ships and 584 personnel were successfully rescued, with a success rate of 97.2% of life rescue.

In order to ensure the safety and smoothness of water traffic on the Yangtze River, the Yangtze River Maritime Safety Administration has opened up a “green channel” for the transportation of key materials for the national economy and people’s livelihood and import and export of foreign trade materials, ensuring the safe transportation of 670 million tons of coal, 110 million tons of oil and natural gas, and 90 million tons of food.

In particular, the pilots of the Yangtze River fought on the front line of ensuring smooth flow, protecting people’s livelihood, and preventing the epidemic. Throughout the year, they led a total of 61,400 Chinese and foreign ships with a cargo volume of 463 million tons in and out, and led 32,000 ships from countries and regions with high epidemic risk. Second, it has made important contributions to ensuring the smooth flow of domestic and international dual circulation.

The picture shows the Yangtze River Pilot Center’s efforts to ensure the smooth transportation of civilian materials and ships. Photo courtesy of the Yangtze River Maritime Safety Administration

At the same time, the three-year special rectification of water traffic safety production was carried out in depth. The Jiangsu section of the Yangtze River trunk line, the Sichuan section and the Three Gorges Reservoir area, Yichang, Jiujiang and Wuhu sections realized the dynamic clearing of “three no” ships; thoroughly implemented the “Yangtze River Protection Law” , adopted the “four no and two straight” methods to inspect pollution-related enterprises, docks, and ships, investigated and dealt with 2,539 pollution-related violations throughout the year, took 226 detention or restricted berthing measures, and cooperated with local governments to dismantle more than 7,000 fishing boats in the Yangtze River. In the section from Yueyang to Yibin, the “onboard storage and onshore delivery” of ship pollutants has been promoted. More than 11,000 ships have implemented zero discharge of water pollutants, and vigorously promoted the construction of the beautiful Yangtze River.

In addition, the bureau also carried out in-depth activities of “I do practical things for the masses”, built and put into use 148 maritime self-service stations and realized 24-hour service; fully implemented “one-stop service” and “full-course online service”, and the average settlement time for government affairs was shortened. 30%; 375 cases of “no penalty” and “no penalty for the first violation” were implemented for minor violations, and a 24-hour smart hotline for maritime government consultation was opened, which comprehensively improved the level of maritime services.

Source: tellerreport