In response to several incidents of containers being lost into the sea, the Australian Maritime Safety Authority (AMSA) has initiated a focused inspection campaign on container stowage and securing arrangements, both fixed and portable, that will run from 1 August 2020 to 31 October 2020.

Introduction

Containers lost at sea present a serious safety and an environmental hazard. The World Shipping Council estimates that over the last 12 years (2008-2019), 1,382 containers have been lost at sea on an average each year due to both catastrophic and non-catastrophic incidents. A series of such incidents off Australian coast in recent years has prompted AMSA to launch its focused inspection campaign (FIC) “to demonstrate that inadequate cargo securing arrangements and the loss of cargo in Australian waters is not acceptable”. The purpose of this FIC is two-fold:

Draw shipowners’ and operators’ attention to their obligations under reg. 2 and 5, Chapter VI of SOLAS; and
Specifically focus on the use of cargo information as well as stowage and securing of containers.

Inspection process

This FIC is specific to Australia and will only target foreign vessels in Australian waters that have, or are required to have, cargo securing arrangements approved under regulation 5 of Chapter VI of SOLAS. Inspections can take place either in conjunction with normal port state control (PSC) inspections, or as a standalone inspection where a vessel is not eligible for PSC inspection. Where a deficiency is found, the inspector will discuss it with the Master with a view to ensure that the non-compliance is corrected.

Any data derived from these inspections will not be shared with regional port State control regime databases, such as the Tokyo MoU and Indian Ocean MoU, unless the vessel is deemed non-compliant and the PSC inspector believes clear grounds exist to conduct a full PSC inspection.

Scope of inspection

AMSA has provided a checklist which inspectors will follow when conducting the inspections. The inspectors will typically be focusing on the following areas during inspections:

Cargo Securing Manual
Is there an approved cargo securing manual (CSM) which adequately covers the cargo being carried;
Are crew aware of its contents, particularly stack weight limitations.

Container stowage
Permissible stack weights are not exceeded in current and previous voyages;
Vertical weight distribution has been complied with in current and previous voyages;
The forces on containers and securing systems should not exceed the allowable force limits specified in the CSM;
The vessel has been provided with a verified gross mass (VGM) of containers;
Relevant officers are well familiar with any computer programs used onboard for stowage, stability calculations, lashing forces etc.

Container securing
Securing is in accordance with the CSM;
Lashing equipment is sufficient, in good order, and compatible with the vessel;
Twistlocks, base locks and stacking cones are positioned correctly;
Cargo securing points are not rusty or poorly maintained;
Lashing checks are done during the voyage.

Heavy weather navigation
Safety management system requirements for heavy weather navigation;
Crew’s familiarity with the above.

Recommendations

Gard recommends that members and clients:

Make their crew familiar with the contents of the checklist which will be used by AMSA inspectors; reference can also be made to AMSA’s marine notice 03/2018 ‘Proper stowage of cargo containers’.
Provide training to relevant officers and crew on ensuring compliance with CSM; and
Identify areas of shortcomings and rectify them well before calling Australia.
Source: GARD

A U.K. enforcement agency is urging the maritime industry to be on the lookout for illicit practices that could be used to evade sanctions, the latest regulator to warn about compliance risks facing the industry.

Guidance by the U.K.’s Office of Financial Sanctions Implementation, which is part of the country’s Treasury department, indicates companies are susceptible to suspicious shipping practices such as the intentional disabling of vessel-tracking systems to conduct illegal trade and the falsifying of documentation for maritime transactions.

V.Group has launched a new risk analysis tool to improve performance in Port State Control (PSC) inspections, leveraging data collected from the more than 1,000 PSC inspections carried out across the company’s fleet each year.

The PSC Performance Analyser highlights all the risks facing a vessel when preparing for a survey, to allow staff to take proactive action. Using the new tool, V.Group says that it has been able to achieve 83% flawless Port State Control inspections up to the end of quarter two.

The system can monitor trends by country and individual ports, and breaks the data down by office / fleet / customer, with performance analysed by Class Society and by Flag State. Data is displayed within an interactive dashboard.

“With a constantly evolving environment, the need to drive vessel safety and environmentally compliant operations has never been greater. Our new platform uses technology as well as our own in-depth knowledge to provide data to help make the decisions that matter, maximising operational efficiency on behalf of our customers,” said Mike Bradshaw, Global Head of HSEQ at V.Group.

“Our PSC Performance Analyser tool not only looks back over past performance but also looks ahead, highlighting any potential risks ahead of arrival to ensure all management processes are prepared and ready in the selected country. This tool will prove key in continually striving for PSC excellence.”

The launch of the PSC platform follows the recent announcement of V.Group’s new risk-based SIRE Performance analysis platform.

Source: smartmaritimenetwork

The two major port State control regimes, Paris MoU and Tokyo MoU, will increase focus on the sulfur limit regulations after reaching an agreement to carry out a Concentrated Inspection Campaign (CIC) in 2018 focusing on air pollution from ships.

Port State control authorities across 45 countries and five continents – South America, North America, Europe, Asia and Australia – will take part.

Cooperation on efficient enforcement has become even more important after United Nations’ IMO agreed last week that a global sulfur limit of 0.5 percent will enter into force in 2020, said the Danish Maritime Authority.

The decision was made on the basis of a Danish/Dutch proposal, and the 2018 campaign is the result of efforts made by Denmark to ensure enhanced international focus on enforcement. However, as early as in 2015 especially low limits were introduced in the so-called SECAs (Sulfur Emission Control Areas), and thus the Danish authorities are constantly engaged in work on both the political and the technological side of efficient enforcement.

Peter Krog-Meyer, Senior Adviser of the Danish Maritime Authority: “We have achieved two important results. Firstly, all over the world there will be even more focus on whether ships meet the sulfur limits. Secondly, it is a strong signal that so many important port states now clearly show that we have joined forces in our efforts to enhance the enforcement of the sulfur provisions across the borders.”

Krog-Meyer says: “In Denmark, we have been striving to ensure stronger enforcement for years, and the 2018 inspection campaign is merely one element of much greater efforts that are already being made. And this process will be speeded up in 2017 after the IMO decision on a global sulfur limit in 2020.”

A Concentrated Inspection Campaign means that all 45 countries covered by the Port State Control schemes carry out an especially thorough examination of a chosen area, such as sulfur, when their Port State Control Officers embark foreign ships. The efforts made will increase compliance with regulations and contribute to ship crews’ awareness of the new regulations and the consequences of any violations.

Source: maritime-executive

Industry sources have indicated that port state control (PSC) is now being physically implemented within the ports of the UAE. Inspections are already under way and reports of non-compliance are being submitted to interested parties.

This unilateral step within the Gulf is being welcomed by the local maritime industry as a brave move by the UAE, which will set a clear example to all other administrations within the area, who have been slow to even plan the implementation of port state control despite discussions last February on a memorandum of understanding on PSC between several Gulf states.

Capt. Mohammed Alaa Farag, marine affairs consultant to the Ministry of Communications, confirmed that the initial process is underway, but would necessarily take several months to complete.

He said it must be done properly and emphasised the need to ensure that ships entering and leaving UAE waters were fully compliant with international standards of safety and environmental control.

To this end, the UAE government was keeping its pledge, made last February, when it was announced that the UAE would enforce PSC by the end of the year. That announcement followed several marine incidents in UAE waters.

They included the sinking of a 42-year old Honduras-flagged tanker, Al Jaziya 1, off the coast of Abu Dhabi on January 24, which released several hundred tonnes of fuel oil into the sea. Three weeks later, on February 10, a Belize-registered offshore supply vessel, Ghareb, sank in the Umm Dalkh oilfield, killing the chief officer.

The introduction of PSC will certainly help to police “maverick” operators who generally flag their vessels with less than reputable flags of convenience and are often not classed or are affiliated to non-IACS organisations of dubious standards.

PSC is a “safety net” to be utilised as an additional assurance that standards are maintained to protect our seafarers and our environment.

Source: https://gulfnews.com/uae/uae-begins-enforcing-port-state-controls-1.434852

On 14 May 2020 the US issued a Global Maritime Advisory (“Guidance”) aimed at a range of industry sectors including marine insurers such as P&I clubs and shipowners and charterers. A copy of the Guidance can be found below.

Guidance to Address Illicit Shipping and Sanctions Evasion Practices

The Guidance updates and expands earlier advisories concerning Syria and North Korea (“the DPRK”). The Guidance provides detail on the level of due diligence and other compliance related activities expected by the US Government of parties whose business activities run a risk of engaging in trades that may breach US sanctions. it applies specifically to the sanctions’ regimes surrounding Iran, Syria and the DPRK and provides information relevant to both US and non-US companies.

The Guidance covers the following sectors of the maritime industry:

• Marine Insurance
• Flag Registry Managers
• Port State Control Authorities
• Shipping Industry Associations
• Commodity Traders, Suppliers and Brokers
• Financial Institutions
• Shipowners, Operators and Charterers
• Classification Societies
• Vessel Captains
• Crewing Companies

The significance of the document lies in the fact that it represents an attempt by the US Government to set out the standards by which the marine industries will be judged if they are linked to sanctions breaking. In the past the US has been critical of the role played by the maritime industries in providing goods and services to countries that are the subject of sanctions. In several well publicised actions it has acted against companies where it considered that compliance practices have been inadequate or deliberate sanctions breaking was involved. The impact of such measures can have profound implications for a company and in extreme circumstances can prevent it from continuing to do business.

To the extent that the Guidance clarifies US expectations of what it considers to be good compliance practice in the maritime industry it should be welcomed. Equally it is important to recognise that the sectors of the maritime industry targeted by the Guidance are often subject to complex domestic and international regulation that may impose conflicting requirements on a party. The resolution of such conflicts in areas such as competition law, data protection laws and international conventions such as The International Convention for Safety of Life at Sea (“SOLAS”) are not addressed by the Guidance. The Guidance may also give rise to difficulties associated with the termination of legally binding commitments based on a suspicion of unlawful activity. By way of example, caution should be exercised before a shipowner or club voluntarily discloses information to third party institutions or organisations, private or public, unless directed to do so by a proper authority in the jurisdiction in which business interests are regulated. For a club based in the UK, for example, the club’s regulator or sanctions enforcement agency may direct it to disclose information that it holds on an entered vessel according to the rules stipulated by the club’s supervisory body, other proper authority or sanctions enforcement agency. A club voluntarily reporting to commercial databases. for example, may lead to a breach of relevant data protection or competition law.

Of particular note is the focus on the use – or misuse – of a vessel’s AIS equipment. All those engaged in the maritime industry can now be in no doubt as to the importance of monitoring such transmissions for abnormal or suspicious activity including switching off the equipment in circumstances not permitted by SOLAS. All clubs in the International Group now monitor the AIS transmissions of all entered vessels in High risk Areas and have recently issued a circular dedicated to AIS and vessel monitoring, see P&I Circular 2658/2020, published 15 May 2020.

The Guidance sets out the US Government’s expectation that shipowners will be well placed to assess and make sense of the AIS history of ships operated or owned by counterparties. It suggests the continuous monitoring of ships, “including ships leased to third parties, and ensure that the AIS is continuously operated consistent with SOLAS and not manipulated. Parties could also consider using LRIT in addition to AIS and receiving LRIT signals every 3 hours”. Long Range Identification and Tracking (LRIT) is a closed system available to and for use by Flag States. Data available from LRIT is generally not available to private parties and for this reason alone compliance with the Guidance will be problematic.

The Guidance further suggests that counterparties should assess the AIS history of all new clients and “refuse to conduct business with vessels that have a history of AIS manipulation not consistent with SOLAS.” Together, these requirements may place Members in an onerous position. Ships’ AIS transmission is often lost in high density areas or where satellites fail to receive positioning data when it is in transit or in port. Members are therefore advised to obtain independent advice and/or consult a reputable AIS monitoring service provider before disengaging from existing contracts or declining new ventures.

The Guidance also places heavy emphasis on the need to perform proper know your customer (KYC) and know your customer’s customer (KYCC) procedures. The way in which many commodities are traded renders this a complex area which will be a concern to many of those involved.

As mentioned above the consequences of not complying with US primary and secondary sanctions legislation can be severe. To the extent that the US has sought to provide guidance to the maritime industries as to the standard against which those industries will be judged, it should be welcomed. However, many will find some of the requirements difficult to comply with for both practical reasons and because in certain circumstances it runs contrary to existing legal obligations.

All International Group Clubs are committed to monitoring vessels in high risk areas and minimising risk for their Members and have issued a similarly worded circular.

Source: https://www.swedishclub.com/news/circulars/p-and-i-circulars/global-maritime-advisory

Outstanding Port State Control (PSC) performance is the ambition of every ship operator and owner. Faced with travel restrictions and the risk of infection, PSC activities have been reduced in certain ports, but we expect operations to soon return to normal. The key to successfully reducing the number of deficiencies during a PSC inspection, and to avoiding detention, is regular maintenance on board and a more detailed focus on the most frequent detainable deficiencies.

DNV GL has investigated the main detainable deficiencies for 2019, and this webinar puts the focus on these findings, which are also now incorporated in the updated PSC Planner tool.

The webinar agenda covers:

• Current PSC situation due to COVID-19
• Outlook CIC
• Main detainable deficiencies 2019 and how to improve
• Update on PSC Planner
• Q&A

Register now for 4 June 2020:

04.00 – 05:00 p.m. CEST (Central European Summer Time)
(Fully booked: 09:00 – 10:00 a.m. CEST)

Sign up now >>

Your presenters are Claudia Ohlmeier, Group Leader Port State Control as well as Jens Plötz, Senior Engineer, both from DNV GL – Maritime.

All registrants will receive the access link to the webinar recording and slide deck afterwards.

Source: https://www.dnvgl.com/events/webinar-psc-identifying-main-deficiencies-and-improving-performance-176541