PEOPLE LEGAL SHIPS CARGO NEWS

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LOSSPREVENTION

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New guide oncollecting evidenceTo mark the start of 2011, North has produceda new loss-prevention handbook for Members.The Mariner’s Role in Collecting EvidenceHandbook is a handy-sized guide to recording,collecting and preserving factual evidence.It provides comprehensive guidance and checklistson the factual evidence to record routinely onboard and following a range of incidents.

See back page for details.

Sanctions andother new rulesThis issue of Signals includes several articleson recently changed regulations, includingcomprehensive advice on issues arising from theimplementation of sanctions on Iran, theintroduction of the Migrant Workers Act in thePhilippines and new regulations being introducedby the International Maritime Organization.

See pages 3, 4 and 10 for full stories.

Keeping seafarersslim and healthyIt is sometimes difficult for seafarers to remainslim due to their lifestyle at sea. However, gainingtoo much weight can cause long-term healthproblems andmeasures, such as slimming pills, canlead to other problems. The article in this issuelooks at some healthier ways of achieving andmaintaining an optimum body weight.

See page 3 for full story.

Safe exchangeof ballastwaterThe International Convention for the Control andManagement of Ships’ Ballast Water and Sedimentsdoes not yet have a date for entry into force, butmany countries have introduced their ownrequirements. One of the most common ways ofcomplying is to exchange ballast water on passage,but this can pose significant stability risks if a properplan is not developed and followed on board.This issue spells out the risks, which potentiallyincludes capsizing, and the measures to be taken toreduce them.

See page 7 for full story.

Fumigationand liquefactionTwo topics dealing with carrying cargo safely arecovered in this edition of Signals. An article onfumigation looks at the safe use of phosphinefumigants, which are potentially highly explosive.The other article covers the topic of cargoliquefaction and masters’ obligations, includingobtaining proper information about cargoes beforeloading them.

See pages 8 and 9 for full stories.

The latest poster in the Club’s Clean Seas seriesof environmental awareness posters has beenpublished. Entitled Clean Seas – Emissions ithighlights the importance of adhering to regulationsfor preventing air pollution as set out in annex VI ofthe International Convention for the Preventionof Pollution from Ships (MARPOL).

The latest Signals Experience case study – Local rulesfor low sulphur fuels - also deals with an incidentwhere a ship did not comply with environmentalregulations because it was using fuel with asulphur content exceeding the maximum allowed.

Copies of the new poster and case study areenclosed with this issue of Signals for all Membersand entered ships. High resolution versions can bedownloaded from theClub’swebsite:www.nepia.com/loss-prevention/publications-and-guides/

SIGNALSNEWSLETTER

Loss Prevention newsletter for North of England Members

ISSUE 82JANUARY 2011www.nepia.com

Emissionsposter andcase study

There have been a number of recent casualtiesinvolving ships carrying nickel ore cargo:

LOST ‘Hong Wei’ – 10 seafarers drowned

LOST ‘Nasco Diamond’ – 21 seafarersdrowned

LOST ‘Jian Fu Star’ – 13 seafarers drowned

LOST ‘Jianmao 9’ – entire crew rescued bypassing vessel

Nickel ore from lateritic sources is inherentlydangerous for shipment and the lack of propertesting and storage by some shippers increasesthe risks associated with liquefaction.

Members fixed to load such cargoes, or whomaybe considering such a fixture, should contact theloss prevention department or their normalcontact at the Club for advice and assistance.

The Club’s loss prevention briefing about thecarriage of nickel ore is available on its website:www.nepia.com/loss-prevention/publications-and-guides/loss-prevention-briefings/

NickelOreWarning

2 PEOPLE

New exceptions to hours-of-rest regulationsThe International Maritime Organization’sdiplomatic conference in Manila in June 2010agreed amendments to the InternationalConvention on Standards of Training, Certificationand Watchkeeping for Seafarers (STCW) andSTCW Code, including amendments to hours-of-restregulations applying to seafarers.

The basic framework of the regulations is relativelystraightforward to apply and requires seafarers tohave rest periods not less than

• 10 hours in any 24-hour period

• 77 hours in any 7-day period.

There should be a maximum of two rest periods aday, one of which must be at least 6 hours long, andperiods of work should not exceed 14 hours.

However, it was argued by delegates in Manilathat the STCW rest rules do not recognise operationalcircumstances where a departure from theregulations would be necessary to operate a vesselsafely. Such circumstances are described as‘overriding operational conditions’. For example,during a long pilotage followed by a short turnaroundport visit and subsequent long pilotage, it canbe envisaged that both the master and chief engineerwill be unable to comply with the regulations.

Exceptions to the basic framework were agreed inManila and an exceptions clause drafted. Exceptionswill be granted by a party to the convention, usuallythe flag state administration. Members should noteeach flag state will consider its own interpretationof the amendments and is likely to publish guidancebefore the entry into force of the amendments on1 January 2012.

The interpretation of the exceptions clausesprovided in the box below is for Members’ general

guidance only. Obviously in emergencies involvingthe safety of the ship, persons or cargo, the masterstill has the right to impose any hours of workdeemed necessary on a seafarer until a normalsituation is restored.

Members with regular trading that is likely to makeexceptions necessary should contact their flag stateadministration for guidance and approval of workpatterns well in advance of the entry into force date.

Under the exceptions clause, flag stateadministrations may allow exceptions from therequired hours of rest provided that the rest period isnot less than 70 hours in any 7-day period and oncertain conditions, as follows.

1. Such exceptional arrangements shall not beextended formore than two consecutiveweeks.

This may be interpreted as only permitting the70 hours rest exception for two consecutiveweeks.

2. The intervals between two periods of exceptionsshall not be less than twice the duration ofthe exception.

If read in conjunction with 5 below this can betaken to mean the following.

For daily exceptions• where one 24-hour period of exception is used,then 48 hours of operating within the basicframework is necessary before another such24-hour period is used

• where two 24-hour periods of exception areused consecutively, then 4 days of operatingwithin the basic framework will be requiredbefore any further exceptions are used

• a maximum of two daily exceptions arepermitted in any 7-day period

• two daily exceptions can occur on unlimitedconsecutive weeks provided that the 77 hoursof rest requirement is maintained and subjectto flag state agreement.

For weekly exceptions• where a 70-hour exception has been used in a7-day period, then a further 14 days ofoperating within the basic framework isnecessary before another 7-day period is used

• where a 70-hour exception has been used intwo consecutive 7-day periods, then 28 daysof operating within the basic framework isnecessary before another 7-day period is used.

3. The hours of rest may be divided into no morethan three periods, one of which shall be at least6 hours and none of the other two periods shallbe less than 1 hour.

The minimum rest in any exception period is10 hours so a ratio of 6 hours, 2 hours, 2 hours or

6 hours, 3 hours, 1 hour (in any order) is likely tobe acceptable.

4. The interval between consecutive periods of restshall not exceed 14 hours.

Maximumwork period is 14 hours.

5. Exceptions shall not extend beyond two24-hour periods in any 7-day period.

Exceptions shall, as far as possible, take into accountthe guidance regarding prevention of fatigue insection B-VIII/1 of the STCW Code.

77 hours rest in any 7 days

Normal Rest Hours

10 hours rest in any 24 hours(Split intomaximumof 2 periods)

Day 1

6 hours 4 hours

Day 2 Day 3 Day 4 Day 5 Day 6 Day 7

70 hours rest in any 7 days

Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7

Hours of Rest in Exception Period

10 hours rest in any 24 hours(Split intomaximumof 3 periods 6:1:1 ratio)

1hr6 hours 3hours

Daily Exceptions in a 7 Day Period

Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Day 8

Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Day 8

Exceptions to hours-of-work regulations in overriding operational conditions

3PEOPLE

The Maritime Labour Convention 2006 will enterinto force 12months after 30 countries representing33% of the world’s gross tonnage ratify it. Thetonnage requirement has already been reached,10 countries ratified by November 2010 and theEuropean Union has asked all 27 members to ratifyit, if they have not already done so. As such theconvention is expected to come into force in 2012.

The convention will apply to all commercial vessels.Vessels of 500 GT or more trading internationallywill also need a Maritime Labour Certificate and aDeclaration ofMaritime Labour Compliance (DMLC),both of which must be carried on board.

The certificate will be issued by the vessel’sflag state. It is evidence that the ship meetsthe requirements of the convention and thatseafarers’ living and working conditions meet the

requirements of national law. The certificate andDMLC together are to be taken as primary evidenceby port state control that a ship complies.

As mentioned in previous Signals articles, theconvention requirements will be easily met by mostship operators, though evidence of early compliancewill be advantageous. It is recommended thatMembers begin as soon as possible – and prior toapplication for certification – to consider anyshortcomings. Gaps in existing policies andprocedures, vessel documentation or on-boardliving and working conditions need to be identifiedand addressed.

Members are also encouraged to talk to their flagstates and classification societies to help establishwhat steps they need to undertake.

Chubby crew: the hidden risksA life at sea is not always conducive to healthyeating, with changing shift patterns and long hoursoften encouraging seafarers to plump for a high-calorie, high-fat diet.

Multiple cups of coffee and chocolate biscuits mightseem appealing during a long night on watch but,over a period of time, an excessive intake of suchfoods can lead to serious health problems.

Weighty problemsOne of the most immediate effects of over indulgingin the wrong foods is weight gain. While this changein appearance may (or may not) be of personalconcern, the underlying damage is potentially farmore serious.

The health risks from being overweight include type2 diabetes, coronary heart disease and stroke,metabolic syndrome, certain types of cancer, sleepapnea, osteoarthritis, gall bladder disease and fattyliver disease.

Furthermore, the Club has recently become awareof several instances where seafarers have triedslimming pills in a bid to lose weight but sufferedserious consequences, including long periods ofhospitalisation and permanent health issues.

Changing habitsA desire to be an optimum weight should not simplybe for the sake of appearance, but arise from a wishto be healthy and happy. It is best achieved bymaking long-term changes to eating and activityhabits, as follows

• Choose healthy foods such as vegetables, fruits,whole grains and low-fat meat and dairy products.

• Eat just enough to be satisfied.

• Aim for at least 30 minutes of moderate intensityphysical activity on most or all days of the week.

Members should consider encouraging healthyeating and exercise on board their vessels: fit andhappy crews make for much safer vessels.

Insurance forFilipino crewThe Migrant Worker’s Act (MWA) came fully intoeffect in the Philippines on 7 November 2010, andapplies to all Filipino crew members joining vesselsafter that date.

The new regulations require that insurance isprovided for the benefit of each crew member. Thisis outside the scope of normal P&I cover, soMembers employing Filipino crewmembers need totake out a separate insurance policy for each suchemployee.

The Club recommends that any Member which hasnot yet made the necessary arrangements refers tothe Club’s circular dated 27 September 2010, andliaises with its manning agency to ensure insurancecover is obtained.

Members can obtain a copy of the Clubs circularfrom its website: www.nepia.com/publications/clubcirculars/

Two separate incidents involving twist-locks fallingfrom containers onto stevedores have beenreported, but with very different outcomes.

In the first case, a twist-lock fell from a containerbeing discharged from a vessel in the USA and hit astevedore on the head. Fortunately the stevedorewas unhurt because he was wearing a goodquality safety helmet. Unfortunately, the twist-lockbounced off the hat and hit a colleague in the knee,causing minor bruising!

In the second case, a twist-lock fell from a containerbeing loaded. Again it hit a stevedore on the head,

causing him to fall from the hatch cover onto themain deck. He was not wearing protective clothingor a safety helmet and was reported to havesustained serious head injuries as well as injuriesfrom the fall.

Wearing hard hats can be uncomfortable, hot andsticky, but these two cases and the regularity ofsimilar incidents – some of which have resulted inbrain damage – highlight the need for everyoneinvolved in cargo operations to wear personalprotective clothing and a good quality safety helmetat all times.

Twist-locks: the threat fromabove

Maritime LabourConvention likely in a year

Newstandard letters of indemnity published

4 LEGAL

In October 2010 the Club issued two circularsoutlining changes to the International Group of P&IClubs’ standard form for letters of indemnity (LOIs).The changes to the standard wording follow adecision of the English High Court in 2009 in thecase the BremenMax.

Letter of indemnity disputeThe Bremen Max was chartered by its owner on anamended New York Produce Exchange form. Thevessel was then sub-chartered on a back-to-backbasis. The charterparty contained a provision whichstated the owner was to allow discharge and releaseof cargo without production of bills of lading,against a letter of indemnity issued by the charterer.

The vessel loaded approximately 70,000 t of cargo atBrazil for delivery in Bulgaria. The bill of lading wasmarked ‘to order’ with a notify address of a companycalled Kremikovtzi in Bulgaria. Upon arrival atBulgaria, the owner was requested to deliver thecargo to Kremikovtzi without production of bills oflading. The charterer and sub-charterers issued LOIsto cover the owner on the same form.

The cargo was discharged in Bulgaria but, followingdischarge, another company claimed title to thegoods and arrested the vessel as security for a claimof mis-delivery. The vessel’s owner asked thecharterer to put up security under the terms of theLOI, but the charterer would not. The owner

therefore supplied security itself and the vessel wasreleased from arrest.

A dispute arose on two issues, based on the ownerhaving provided security and mis-delivering thecargo to Kremikovtzi.

Owner’s entitlement tosecurity from chartererThe first issue was whether, by having put upsecurity to release the vessel from arrest in the firstinstance, the owner was then entitled to receivesecurity from the charterer under the LOI. Thecharterer submitted it would be impossible toprovide security to ‘secure the release of such ship orproperty’ as the owner had already done so and thevessel had been released from arrest, but the courtheld that the charterer had failed to carry out itsobligation to issue security and the owner’s actionsdid not discharge this obligation.

Although the court found in the owner’s favour, it isimportant to note the judge stated the analysiscould be different if the owner had placed securitywithout first making a demand from the charterer.

As a result, the Club recommends that if Membersdeliver a cargo without production of a bill of ladingin return for an LOI, and an allegation is madeagainst them for mis-delivery accompanied by asecurity demand from the claimant, they should give

immediate notice to the issuer of the LOI beforeissuing security themselves. This should note that aclaim has been made, security has been demandedfrom the owner, and that the owner now requires tobe secured by the LOI issuer in accordance with theLOI. Doing this will ensure that Members do notprejudice their right to demand and receive securityunder an LOI.

Delivering cargo to partynamed in letter of indemnityThe other issue in dispute was whether theundertakings made by the charterer in the LOI wereconditional upon the owner delivering the cargoto Kremikovtzi – the party named in the LOI. Thecharterer argued that for its obligations to beengaged, the owner must first have delivered thecargo to Kremikovtzi – a fact that was in dispute.

The owner submitted that its obligation under thecharterparty was simply to allow the charterer todischarge and release the cargo, so that thecharterer may then deliver it. The owner argued thatthe wording of the LOI should not been seen as anobligation upon the owner to deliver the cargo tothe party named in the LOI. Doing so would place anunfair burden on the owner to take steps to identifythe party to whom delivery should be made.

The court made a distinction between discharge anddelivery: discharge, it was held, is the movement

EUpublishesnewregulationonIraniansanctionsSince the last issue of Signals, the expected new EUregulation on restrictive measures against Iran hasbeen finalised and came into force on 27 October2010. Council Regulation (EU) 961/2010 applieswithin the EU to ships under the jurisdiction of amember state, companies and other bodiesincorporated in a member state or providing serviceswholly or partly in a member state.

The new regulation deals with the following issues.

Restricted goods, persons and entitiesAlthough the new regulation is not a general tradeban, Members nevertheless need to take care theydo not carry any cargoes that fall within the list ofprohibited or controlled materials, and do not dealwith designated entities. The new regulationexpands the existing list.

EnergyThere are restrictions on providing equipment ortechnology for use in the explorational or productionof crude oil and natural gas, and on refining andliquefaction of natural gas. It is understood this doesnot include the export from Iran of crude oil.

Asset freeze / IRISL and subsidiaries’cargoesThe existing asset freeze of designated entities hasbeen extended. There is also now a ban on loading or

discharging of any cargo for Islamic Republic of IranShipping Lines (IRISL) or its subsidiaries at any portsin the EU.

Restrictions on transfers of fundsOf particular concern to Members based oroperating in the EU, using banking or other financialservices in the EU, will be the asset freeze andfinancial restrictions. If a ship is chartered to anIranian entity, if the entity appears on any lists ofdesignated entities then any payments to or from itwill be subject to asset freeze and will have to bepaid into a designated, blocked account and fundscan only be released with permission of the relevantauthority. Even if not designated, any payment to orfrom any Iranian entity, to or from Members in theEU, must be reported before payment is made orreceived if more than €10,000. If the payment is ofmore than €40,000, then prior approval is neededbefore the payment can be made or received.

InsuranceThere are also potential implications for Members’insurance cover, not least their P&I cover. Theregulations specifically confirm that insurancecover continues for ships that are temporarily inIranian waters, for example, loading or dischargingcargo at Iranian ports. Nor will there necessarily beany problems with cover if a Member has a ship on

charter to an Iranian entity, so long as that entityhas not been specially designated or the trade itselfis one that otherwise attracts sanctions.

Where the trade in question does attract sanctions,Members may lose their P&I cover automatically inaccordance with the endorsements on theircertificates of entry. Furthermore, if a Member has aship on charter to a designated entity at renewalon 20 February 2011, the Association will beprohibited from renewing P&I cover. This particularpart of the regulation will affect not just Membersbased in the EU but any Members, anywhere,doing business with Iranian charterers which aredesignated by the EU. In this regard the prohibitionapplies to the Association, as a company basedin the EU, regardless of where in the world aMember may be based.

All Members doing business with any Iranian orIranian-controlled entities, either in Iran orelsewhere, need to pay special attention to the newregulation, even if they are not based in the EUthemselves. Members need to satisfy themselvesthat any business they may do complies with theregulation, and any other sanctions that may apply,and does not prejudice their P&I cover.

It should be borne in mind that there may be other,practical, problems with doing any business that

SHIPS 5

from the ship ‘over the ship’s rail’ ashore, whiledelivery is the transfer of possession of the cargo toa person ashore. Delivery and discharge may occurat the same time but it is not necessary that they do.However, the court held that delivery – the transferof possession of the cargo – is an activity performedby the shipowner.

The words of the LOI contained a clear request todeliver the cargo to a named receiver and anagreement by the owner to comply with thatrequest in return for a number of undertakingsgiven by the charterer. If the owner misidentifiedthe party, and delivered to another party, there isthe risk the owner would not be entitled to anindemnity as it had not satisfied the pre-conditionsof the LOI.

The court found that the owner need not knowwhether the party named in the LOI is entitled topossession of the goods, only that the party towhich itdelivers the goods is the party the charterer requested.

The Club therefore recommends that, as well asinserting the name of the specific party to whichdelivery is to be made under an LOI, the followingwords should be included in the LOI

‘X [name of party] or to such party as you believe tobe or to represent X or to be acting on behalf of X’.

The suggested wording is designed to ensure, as faras possible, that if Members believe the party towhich physical delivery of the cargo is given is X, oracting on behalf of X, they can rely upon the termsof the LOI.

involves Iran and Members should regularlycheck Industry News on the Club’s website:www.nepia.com/publications/industrynews/

The full text of the regulations can be foundon the UK government’s treasury website:www.hm-treasury.gov.uk/d/council_regulation_eu_961_251010.pdf

A useful commentary/guidance notice can befound on the UK government’s treasury website:www.hm-treasury.gov.uk/d/public_notice_reg961_271010.pdf

Ship-to-ship transferoperations:anewchapter

Inherently hazardous ship-to-ship (STS) transferoperations are becoming more common, whichin turn has lead to larger and more frequentclaims when things have gone wrong. However, newregulations and case law look set to make STSoperations safer and less litigious in future.

New MARPOL requirementsThe International Convention for the Preventionof Pollution from Ships (MARPOL) contains a newchapter 8 in annex I that came into force on1 January 2011 and governs most STS operations.

A feature of the new regime is that MARPOL hasdirectly adopted the standard of the InternationalChamber of Shipping (ICS) and Oil CompaniesInternational Marine Forum (OCIMF) Ship to ShipTransfer Guide rather than lay down a separate setof operational regulations and recommendations.The direct adoption of the ICS/OCIMF guide intoan international convention emphasises thegrowing importance of industry-led initiatives overimposed solutions.

The new chapter applies to all oil tankers of 150 GTand above engaged in the transfer of oil cargo withanother oil tanker at sea on or after 1 April 2012. Itdoes not apply to

• bunkering operations

• oil transfer operations with fixed or floatingplatforms

• STS operations for the safety of life or property orto minimise pollution damage

• warships.

Oil tankers must carry and comply with an STSoperation plan approved by the vessel’s flag stateand in line with the IMO Manual on Oil Pollution,section 1 (prevention), and the ICS/ OCIMF guide.

While the safety of each vessel remains theresponsibility of the master, the regulations require aqualified person to be in overall advisory control of theSTS operation. Initial analysis suggests that the statusof such a personwill be analogous to that of a pilot.

Coastal state controlRegulation 42 of MARPOL annex I gives reportingcontrol of STS operations to the coastal state within

territorial seas, generally 12 nautical miles, andthe exclusive economic zone, which is generally200 nautical miles.

Exclusive economic zones were established by the1982 UN Convention of the Law of the Sea(UNCLOS), which gave coastal states limitedjurisdiction over commercial activity andenvironmental issues while protecting thetraditional freedoms of navigation for the benefit ofall nations. Control of STS operations is a significantdevelopment and experience suggests that coastalstates will use this new power to protect theircommercial interests as well as the environment.

Liability between vesselsTraditionally, damage claims arising from STSoperations were treated on the basis of ‘knock-for-knock’, but in recent years there have been attemptsto apply the International Regulations forPreventing Collisions at Sea or no-fault liability,neither of which concepts fit easily into the factualor legal relationships in STS.

A recent judgment of the High Court of Hong Konggives valuable guidance on the liability regimebetween vessels engaged in STS. The court held thatthe claimant vessel faces a high burden of proof inestablishing the necessary causative negligencebefore such a claim can even be considered. STSoperations are hazardous and, even with highstandards of skill and care, accidents areforeseeable.

If an incident was an accident – there was nocausative negligence - then there is no basis for alegal claim between the vessels and the correctapproach is knock-for-knock. The judgment isparticularly persuasive as each side was representedby experienced and well-respected internationalshipping law firms. In emphasising the concept ofthe accident over the growing trend towards strictliability, the court has given the marine sector andits regulators a valuable lesson.

Members can view the full judgment (referenceHCAJ 133/2006) at the Hong Kong legal referencesystem website: http://legalref.judiciary.gov.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=66472&QS=%2B&TP=JU

6 SHIIPS

Ultrasonichatchcover testing:anupdateEnsuring a ship’s hatch covers are weathertight isan essential aspect of exercising due diligence tomake a ship seaworthy and cargoworthy. Thisrequires an appropriate method of testing to enableany potential problems or defects to be identifiedand resolved. In this article Walter Vervloesem ofIMCS Group, and training instructor for SDT–IMCSUltrasonic Hatch Cover Tightness Testing Trainingcourse, compares the principal methods of testinghatch cover weathertightness.

Weathertightness under dynamicconditionsWater will not infiltrate a hatch cover if there isphysical contact between the packing rubber andcompression bar. Whether the rubber is slightlytouching the compression bar, or whether thepacking rubber is being heavily over-compressed,will not make a difference.

However, it should be appreciated that in case of lightcontact and when in a dynamic condition at sea,minor distortion of the hatch covers will cause thepanels to flex, thereby allowing water entry into thehold even in relatively clement weather conditions. Incase of over-compressed rubbers, when packingrubbers are showing a deep permanent set or imprint,the packing rubber may lose its resilience and sealingperformance. As a result, it will not be able tocompensate for the movements of the ship and allowwater entry into the holds. This entails a risk ofwetting damage to cargo.

To achieve tightness when the ship is in a dynamiccondition while at sea, it is important that thepacking rubber exerts a required amount ofcompression on the compression bar. This is calledthe design compression, which is determined by thehatch-cover manufacturers in the design stage forthe packing rubber to compensate for movementsof a ship in a seaway.

Effectiveness of hose testsA hose test carried out in accordance with theguidelines of the International Association ofClassification Societies (IACS) is a long-recognisedway of testing the apparent weathertightness ofhatch covers. As its name suggests, it involvesmoving along a hatch-cover joint while directing apowerful jet of water at the joint to determine if anywater passes through.

Hose tests show whether the physical contactbetween packing rubber and its mating surfaceis satisfactory in a static condition as anydiscontinuity or lack of contact will allow waterinfiltration. Contact and compression, as describedabove, are two different things. A hose test will notshow if the compression of the packing rubbers issatisfactory and that the hatch covers will beweathertight in a seaway.

Ultrasonic tightness testingAn ultrasonic test involves placing a transmitter inthe cargo space and measuring an ultrasonic signalreceived outside the space. It provides an idea ofthe compression of a sealing system and givesan indication of areas where the sealing systemis compromised.

To check that the hatch covers are weathertight, atransmitter is placed in the hold and an open hatch

value (OHV) is taken. The OHV represents thestrength of an ultrasonic signal that reaches thereceiver in a direct line and represents a situationwhere there is no sealing at all. After closing andsecuring the hatch covers, the surveyor will thenpass around the hatch-cover perimeter and over thecross–joints and check for ultrasound passingthrough the sealing system. When there is a goodcompression no, or almost no, ultrasound will pass.Whenever there are flaws or discontinuities in thesealing system, ultrasound will pass and be pickedup by the receiver. The measurements thus obtainedcan then be compared with the OHV taken at theoutset of the test and by doing so an idea can beobtained about the importance of the leak, whichactually represents a certain loss in compression ofthe sealing system.

It is generally accepted that in areas where a readingof more than 10% of the OHV is found, there is lackof compression that requires further investigationand repairs or corrective action. The rationalebehind this 10% standard lies in the fact that loss ofcompression in a sealing system will reduce thecompensating capacity of the sealing system and, assuch, there is an increased risk of water infiltrationwhile on passage.

Classification societies agreed in 2001 thatultrasonic testing, when carried out with class type-approved equipment and qualified operators, wasacceptable as an alternative method to hose testingfor determining the weathertight integrity of hatchcovers for class and statutory inspections. IACSdeveloped standards and criteria under IACS UR Z17for firms engaged in ultrasonic testing. This wasnecessary to ensure that surveyors checking hatchcovers for class and statutory purposes were familiarwith the theory of ultrasound and had practicaltesting experience and basic knowledge ofhatch-cover design, maintenance and repairs.Classification society type-approved and calibratedequipment should always be used so thatrepeatability of test results is guaranteed.

The world’s leading hatch-cover manufacturershave also recognised the benefits of ultrasonictesting. They are providing training programmes fortheir service engineers to allow them to use theequipment in a proper way for checking repairs andcarrying out tests as class service suppliers in repairand new-building scenarios.

It should also be noted that, with ultrasound, thesealing system is checked for compression, whichmeans that the physical condition of the packingrubbers must be such that they are still able to exertcompression. Situations whereby the packing rubberis over-compressed, or where the compression bar isvery thin and knife edged and therefore cutting intothe rubber rather than compressing it, are twoexamples where ultrasound may not pass throughthe sealing system. This would give the falseimpression that all is in order, whereas actually thesealing situation is unacceptable. This is why itis recommended that an ultrasonic inspection isfollowed by a visual inspection whenever possible.

Comparing hose and ultrasonic testsAs mentioned above, ultrasonic testing allows hatchcovers to be tested in a static condition in portbut allows the operator to form an opinion as to

whether or not the hatch-cover sealing system willperform well when the ship is at sea in a dynamiccondition. This is a major advantage when comparedto the hose test and can be a very important toolwhen exercising due diligence to determine if a shipis cargoworthy and if hatch covers are weathertight.

Benefits of using ultrasonic testingThe use of ultrasonic testing equipment has otherbenefits, including the following.

• Ultrasonic testing is a reliable and non-destructive testing method, which gives anindication of the compression status of thesealing system.

• Ultrasonic testing allows easy detection withpin-point accuracy of damaged areas orareas where lack of compression exists. Thissignificantly reduces the time needed to identifypotential leaks.

• Once the correct location of the leak is known,the correct repair method can be determined and,as small and local damages can easily beidentified, local repairs are often adequate.

• Ultrasonic testing is a ‘dry’ testing methodwithout the risk of causing pollution of the dock,river or sea water.

• There is the possibility to produce a download oftest results, which provides ship operators with adetailed test report.

• Ultrasonic testing equipment can be used inloaded or empty holds, which in certain casesallows repairs to covers during loading andchecking of repairs during or after the loadingperiod, but prior to going to sea.

• Ultrasonic equipment can safely be used underall weather conditions (even with sub-zerotemperatures).

North of England is grateful to Walter Vervloesem,Chairman IMCS Group of Companies, for providingthis article. Email: waltervervloesem@telenet.be

Ultrasonic test

Ultrasonic testing equipment

7SHIPS

NewIMOguidelines forprotectivecoatings

Avoiding instability during ballast exchangeCompliance with the International Convention forthe Control and Management of Ships’ BallastWater and Sediments, which is intended to preventthe introduction and spread of harmful marineorganisms, can pose significant risks to the safety ofa vessel and crew if a proper plan for exchangingballast water is not developed and followedon board.

Effects of free surfaceOne of the most common methods of exchangingballast water while on passage is simply to emptyand refill all ballast tanks, thus ensuring a completeballast water exchange has taken place. However,this results in tanks becoming ‘slack’ or having afree surface.

The free surface in ballast tanks will cause a virtualloss of stability by effectively moving the centre ofgravity (G) of the vessel upwards, thus reducing themetacentric height (GM) (the metacentre is atheoretical point through which the centre ofbuoyancy acts at various angles of heel). Thereduction in GM will make the vessel much easier toincline and, when inclined, slower to return to itsinitial position due to a reduced righting lever (GZ).

If the vessel has a small initial metacentric height,then any reduction in GM due to the effects of the

free surface may result in a negative GM. This couldcause the vessel to become unstable, resulting in anangle of loll (when the vessel returns to stableequilibrium but at an angle of heel). The diagramsbelow show an upright stable vessel with a positiveGM (1), a vessel with a positive GM and rightinglever at an angle of heel (2), and a vessel withneutral equilibrium at an angle of loll (3).

Correcting an angle of lollAn angle of loll is a very dangerous situation andshould be corrected as soon as possible. However,prior to undertaking any corrective actions, theireffects should be carefully calculated to ensure thatmatters are not made worse. Efforts should be madeto remove all slack tanks, which will effectivelyeliminate the virtual rise of the centre of gravity dueto free surface.

When a vessel with a positive GM is listed over, it isnormal practice for ballast water to be loaded intothe high side of the vessel to correct the list.However, in the case of an angle of loll, this may notbe the most appropriate action. If the high side isloaded first, the vessel will start to right itself butcould then roll suddenly over to the other side,taking up a greater angle of loll or possiblycapsizing. It may therefore be more suitable to load

water into the lower side first. When loading intothe lower side, the list will initially increase, but thecentre of gravity will be lowered. To minimise theincrease in list and any additional free-surfaceeffects, only the smallest tanks closest to thecentreline of the vessel should be used.

Once the centre of gravity has been lowered, the listwill start to decrease, at which stage it may bepossible to begin loading into the high side tocorrect the list. Due to the increased weight in thelower side, the vessel should return to the uprightposition in a controlled manner. It must however bestressed that this operation must not be starteduntil the master is assured that it can be completedin a safe and controllable manner.

Developing a proper planGiven the potential risks associated with a deep-seaballast-water exchange, it is critical that a properplan, including the sequence in which the tankshave to be emptied and refilled and the weatherlimits to be observed during the operation, iscarefully developed and implemented. Full useshould be made of the vessel’s stability book andloading computer in developing the plan.

The International Maritime Organization’s maritimesafety committee has recently approved theimplementation of guidelines for maintenance andrepair of protective coatings. These take intoaccount the forthcoming amendments to theInternational Convention for the Safety of Life atSea (SOLAS), chapter II-1, regulation 3, and chapterXII, regulation 6, and the performance standards forprotective coatings for dedicated seawater ballasttanks in all types of ships and double-side skinspaces of bulk carriers, adopted by resolutionsMSC.216(82) and MSC.215(82) respectively.

Specific guidance is given on• how the coating condition is to be categorisedand defined

• the areas which must be inspected, including themethod of inspection

• the process of conductingmaintenance and repairof the protective coating, both while the vessel isin service and during shipyard repair periods

• details of the information which must berecorded in the coating technical file.

The guidelines entered into force on 1 January 2011and apply to all ships of 500 GT or over for which thebuilding contract was placed on or after 1 July 2008.

This article is the latest in a comprehensiveseries of publications produced by the Club onthe subject of hatch covers, which includes aloss prevention briefing, Hot Spots informationsheet, and loss prevention guide - Hatch CoverMaintenance andOperation.

Details of these publications are availablefrom the loss prevention publications pagesof the Club’s website: www.nepia.com/lossprevention/publications-and-guides/

Hatch coverinformationfrom North

Positive GMUpright stable vessel

Positive GMPositive righting lever (GZ) at an angle of heel

Weight

M

G

B

2

Buoyancy KEYB Centre of buoyancy, point

through which buoyancyacts up.

G Centre of gravity, point throughwhich weight acts down.

M Metacentre, theoretical pointthrough which the centre ofbuoyancy acts at various anglesof heel.

GZ Righting lever, the larger thelever the more effective thevessel is at righting itself. Alarge GZ will make the vessel‘stiff’ (roll quickly), while asmall GZ will make the vessel‘tender’ (roll slowly).

Buoyancy

1

G

M

Z

B

Weight

Neutral equilibriumNo righting lever at an angle of Loll.

3

M

B

Buoyancy

Weight

G

8 CARGO

Avoiding liquefactionof solidbulkcargoes

PlasticcontaminationofChinese fertiliserIt appears that cargoes of bulk fertiliser aresometimes being delivered to loading ports in Chinain plastic bags and then loaded onto vessels byslitting the bags and allowing the contents to pourinto holds. This is apparently cheaper than usingmechanical means to load the cargo.

However, the method results in plastic scraps, stringand fibres becoming inter-mixed with the fertilizercargo, which has led to rejection of such cargoes at

discharge ports. The reason for rejection is that thefertiliser is usually required to pass throughmachinery, which is prone to clogging or damageby plastic fibres. The fertiliser must then bescreened for removal of the plastic waste, which canbe very costly.

Members should therefore, if at all possible, seek toavoid loading fertiliser cargo using this method.

There have been a number of very serious marinecasualties in recent months alleged to have beencaused by bulk cargoes which have liquefied whileat sea. Contributing factors include inadequateinformation on characteristics of cargoes presentedfor shipment, and inadequate assessment of cargoesbefore loading commences – particularly withregard to moisture content.

Statutory obligationsThe International Maritime Solid Bulk Cargoes(IMSBC) Code has been written to facilitate safestowage and shipment of solid bulk cargoes. Itprovides information on dangers associated withshipment of certain types of solid bulk cargo and onprocedures to be adopted when shipment iscontemplated. The code also describes statutoryobligations on parties involved in the shipment.

The International Convention for the Safety of Lifeat Sea (SOLAS), chapter VI, regulation 2, alsorequires shippers to provide masters or theirrepresentatives with appropriate information on acargo sufficiently in advance of loading to enableany precautions necessary for proper stowage andsafe carriage to be put into effect.

Obligations of mastersIn addition to other statutory obligations on thecarriage of cargo, masters should not commenceloading until in possession of cargo information anda cargo declaration from the shipper. In addition tothe bulk cargo shipping name, this informationshould include the characteristics of the cargo andspecifically whether the cargo has a propensity toliquefy (group A cargo) or possess chemical hazards(group B cargo). Also required are the precautionarymeasures necessary to ensure cargo can becarried safely.

Experience has shown that shippers’ declarationscannot always be relied upon. In known problemareas it may be prudent and/or a local requirement toappoint a surveyor in advance of loading. The Clubshould be consulted before an appointment is made.

Group A cargoesFor a group A cargoes, masters should thenundertake the following.

� Obtain certificates of moisture content andtransportable moisture limit from the shipper. Thecode requires that the interval between testingfor moisture content and loading should not bemore than 7 days. Be wary of moisture content

certificates provided by the shipper’s laboratoryand moisture content percentages that are veryclose to the transportable moisture limit (TML).

� Consider whether a can test is appropriate.If in doubt about the reliability of moisturecontent certificates and/or the apparentcondition of the cargo, they should carry out thecan test as described in section 8.4 of the IMSBCCode. If moisture or fluid conditions appearduring this test, arrangements should be made tohave additional laboratory tests carried outbefore cargo is loaded.

� Monitor cargo operations from the outset.Masters or their representatives are required tomonitor the loading operation from start tofinish. Evidence of splattering or wet cargoshould result in cargo operations being stoppeduntil further testing and/or analysis can beperformed. Further tests for excessive moistureshould be performed at frequent intervalsthroughout the loading programme.

Cargoes difficult to assessThe definitions, tests and precautions in the IMSBCCode for cargoes that may liquefy are mainlyassociated only with homogeneous metal oreconcentrates, for which their application isrelatively straightforward.

However, any cargo with a mix of fine material andmoisture could potentially liquefy – and theapplication of the IMSBC Code tests to such cargoesmay not produce accurate results. This is particularlytrue for non-homogeneous low-grade lateritic ores–most recently these cargoes have included lateriticnickel ore and lateritic iron ore. Locating suitabletesting laboratories and appointing surveyors forcargoes being loaded at mining projects in remoteareas can prove difficult at short notice.

Cargoes not listed in IMSBC CodeFor cargoes not specifically listed in appendix 1 of theIMSBC Code, shippers are required to provide thecompetent authority of the port of loading withthe cargo characteristics and properties so thatan assessment of carriage requirements can bedetermined. Based on the information received fromthe shipper, the competent authority is required toassess the acceptability of the cargo for safe shipment.

When it is assessed that a solid bulk cargo proposedfor carriage may present hazards, such as thosedefined by group A cargoes (susceptible to

liquefaction) or group B (possess chemical hazard),advice should then be sought from competentauthorities of the port of unloading and of thevessel’s flag state. The three competent authoritieswill set the preliminary suitable conditions for thecarriage of this cargo.

When it is assessed that a solid bulk cargo proposedfor carriage presents no specific hazards fortransportation, carriage will be authorised by theload port authority. The competent authorities ofthe port of unloading and of the flag state shouldthen be advised of that authorisation.

The competent authority of the port of loading isrequired to provide masters with a certificate statingthe characteristics of a cargo and the requiredconditions for carriage and handling. The authority isalso obliged to submit an application to theInternational Maritime Organization within one yearfrom the issue of the certificate so that the cargo canbe added to appendix 1 of the IMSBC Code.

Where the IMSBC Code requires that a particularprovision for transport of a solid bulk cargo shall becomplied with, one or more competent authorities(port state of departure, port state of arrival or flagstate) may authorise any other provision byexemption if satisfied that such provision is at leastas effective and safe as that required by the code.Acceptance of an exemption authorised under thissection by a competent authority not party to it issubject to the discretion of that competent authority.Accordingly, prior to any shipment covered by theexemption, the recipient of the exemption shallnotify other competent authorities concerned.

The Club has produced a comprehensive set ofloss prevention briefings on liquefaction, ironore fines and the carriage of nickel ore. These canbe downloaded from the loss prevention pagesof the Association’s website: www.nepia.com/loss-prevent ion/publ icat ions-and-guides/loss-prevention-briefings/

9CARGO

A recent fire on board a ferry carrying refrigeratedtrailers has prompted a safety bulletin from the UK’sMarine Accident Investigation Branch (MAIB).

The fire on the main vehicle deck started in themiddle of the night and was contained by the ship’screw using a drenching water system and boundarycooling. However, they were unable to put it out.

The vessel berthed at noon, after which the trailershad to be progressively removed to gain access to

the seat of the fire. It was finally extinguished withassistance from the local fire service after 18 hours.

The fire was caused by an overheating plug on apower lead from the ship to a trailer’s refrigerationcontrol system.

MAIB recommendationsThe MAIB’s recommendations to all ship ownerscarrying refrigerated containers and trailers are to

• take immediate action to ensure that all power

supply cables and fittings provided forrefrigerated containers and trailer units are ingood condition and that electrical protectiondevices activate at an appropriate level

• make additional checks of refrigerated containersand trailers powered by ships’ electrical systemsto provide early warning of any overheating.

Members can obtain copies of MAIB Safety Bulletin03/2010 for the MAIB website: www.maib.gov.uk/publications/safety_bulletins.cfm

Fumigantexplosionsandhowtoavoid themThe practice of fumigating cargo holds on vesselscarrying grain cargoes is usually conducted withoutincident. However, there have been a number ofrecent cases where this routine operation hasresulted in an explosion.

While rare, fumigant explosions have the potentialto injure crew members seriously and have beenknown to cause extensive damage to vessels, such ashold structures being deformed or ruptured andhatch covers being damaged or displaced.

This article provides a reminder of how phosphinefumigant explosions can occur and the proceduresthat should be followed to prevent them.

Phosphine fumigantsPhosphine, a popular choice as a grain fumigant, is acolourless gas which is highly toxic. Phosphine isalso a difficult gas to handle as it can corrodecertain metals and will form an explosive mixturewith air at concentrations greater than 1.79% pervolume in air and may be liable to spontaneouscombustion. This risk of spontaneous combustion isattributable to impurities, notably diphosphine,which are generated along with the phosphine.

As phosphine is an odourless gas, most commerciallyavailable tablets contain contaminants to givethe gas a garlic odour. The tablets will also generatenon-flammable ammonia and carbon dioxide, whichis intended to act as an inerting agent and reducethe risk of potentially flammable localisedconcentrations of phosphine.

Aluminium phosphide tablets are a common methodof generating phosphine gas for fumigation due totheir relative ease of handling and applicationwithoutthe need for specialised equipment. Phosphine gas isgenerated through a chemical reaction between thetablets and the moisture in the air and/or cargo.Therefore, the higher the temperature and humidity ofthe air and/or cargo, the greater the rate that thetablets will decompose and produce phosphine.

Phosphine is heavier than air with a small mobilemolecule which will readily penetrate bulk graincargoes, whether it is introduced on the surface,sub-surface or into the bottom of the stow. The USDepartment of Agriculture Fumigation Handbook(2006) recommends that surface applications areonly suitable for grain depths of up to 12m – greaterdepths of stow will require sub-surface application.

Safe fumigationThe qualified fumigator in charge of the operationshould, in conjunction with the vessel’s master andcrew, develop a plan for the most suitable methodof application, based on the size of the cargospaces and the quantities of cargo to be loaded.It is critical that the planned method of application

is carefully followed to minimise the potentialof explosions occurring.

A safe and effective fumigation requires the totalamount of gas produced to be sufficient to reach allparts of the cargo. However, it also requires that thegeneration of gas from the aluminium phosphidetablets is in balance with the rate of dispersal of thephosphine gas through the grain, so that the gasgenerated is able to dissipate into the cargo quicklyenough to ensure that there is no possibility oflocalised explosive concentrations developing.

The manufacturer’s instructions relating to handlingand use of the fumigation tablets must be carefullyfollowed to minimise the risk of explosion. Allpotential sources of ignition must be removed fromthe space to be fumigated. To prevent phosphinebeing generated at an excessive potentiallyhazardous rate, the tablets should not be allowed tocome into contact with any liquids or be heapedtogether into piles but should be evenly dispersedover the whole surface area. In cases where therewill be very little headspace above the cargo,a sub-surface application should limit the rate ofgeneration of the gas and facilitate its dispersalthroughout the cargo.

The following points should be among thoseconsidered when planning the operation to ensurethat the fumigation operation is conducted safely andefficiently without risk to personnel or the vessel.

• A suitable plan should be developed and carefullyfollowed by both ship’s staff and fumigationcontractors.

• Fumigation should only be carried out by suitablyqualified personnel.

• All local regulatory requirements and or guidanceshould be carefully followed.

• The manufacturer’s instructions and guidancerelating to the recommended dosage rates,exposure times and temperatures and applicationmethods should be followed.

• The fumigant material safety data sheetprecautions and exposure limits should becarefully followed.

• Warning signs should be posted and personnelallowed on deck near to the cargo holds beingfumigated kept to a minimum.

Members can obtain further information andguidance from the following publications:IMO MSC.1/Circ.1358, Recommendations onthe safe use of pesticides in ships.

USCG Regulation 46 CFR 147A, Interim Regulationsfor Shipboard Fumigation.

Code of Safe Working Practices for MerchantSeamen, Chapter 27, Safe use of pesticides.

Shipper’sbulkcargodeclarationsThe presentation of cargo declarations by shippers tomasters prior to loading has been a statutoryobligation of the International Convention for theSafety of Life at Sea (SOLAS) for quite sometime. However, a significant number of recentcasualties involving bulk cargoes with hazardouscharacteristics have highlighted the importance ofmasters assessing this information and the conditionof the cargo before allowing loading to commence.

Mandatory application of the InternationalMaritime Solid Bulk Cargoes (IMSBC) Code from1 January 2011 provides for and details theinformation required to be provided and assessedbefore loading can begin. In order that conditionsfor safe shipment can be determined andimplemented, no cargo should be loaded until thefollowing information has been provided andsuitable precautions taken.

• Bulk cargo shipping name (BCSN).• Cargo group (A, B or C).• IMO class of cargo, if applicable.• UN number preceded by letters UN for the cargo,if applicable.

• Total quantity of the cargo offered.• Stowage factor.• Need for trimming and the trimming procedures,as necessary.

• Likelihood of shifting, including angle of repose,if applicable.

• Additional information in the form of a certificateon the moisture content of the cargo and itstransportable moisture limit in the case of aconcentrate or other cargo which may liquefy.

• Likelihood of formation of a wet base (seesub-section 7.2.3 of the IMSBC Code).

• Toxic or flammable gases which may begenerated by cargo, if applicable.

• Flammability, toxicity, corrosiveness andpropensity to oxygen depletion of the cargo,if applicable.

• Self-heating properties of the cargo, and theneed for trimming, if applicable.

• Properties on emission of flammable gases incontact with water, if applicable.

• Radioactive properties, if applicable.• Any other information required by nationalauthorities.

Information provided by shippers must beaccompanied by a declaration. Electronic dataprocessing (EDP) or electronic data interchange(EDI) techniques may be used.

Fire risk fromrefrigeratedunits

10 NEWS

MARPOL annex I: sludge tanksAmendments to annex I of the InternationalConvention for the Prevention of Pollution fromShips (MARPOL) came into force on 1 January 2011.These include a requirement for every vessel of400 GT and above to be fitted with a tank or tanks toreceive the oil residues (sludge) which cannot bedealt with in accordance with the requirements ofannex I (IMO resolution MEPC.187(59)).

Sludge tanks are required to be an appropriate sizefor the machinery fitted and the anticipated lengthof voyage. They are also to be provided with adesignated pump for disposal separated from thevessel’s bilge system.

MARPOL annex V: garbage dischargeIMO resolution MEPC.191(60) will amend MARPOLannex V, regulation 5, to state that garbage dischargerequirements for the Wider Caribbean Region specialarea will come into effect on 1May 2011.

IMO circular MEPC.1/Circ.675 states that cargo-hold washing water containing cargo residuesshould not be treated as garbage under MARPOLannex V within the Gulfs and Mediterranean Seaareas. Provided the cargo residues in the washingwater are in small quantities and do not originatefrom a cargo classified as a marine pollutant in theInternational Maritime Dangerous Goods (IMDG)Code, the washing water may be discharged atdistances of greater than 12 nautical miles fromshore within these areas.

MARPOL annex VI: exhaust emissionsWith the adoption of resolution MEPC.176(58) toamend MARPOL annex VI, regulation 13, theoperation of marine diesel engines on new vesselsconstructed on or after 1 January 2011 is onlypermitted when the nitrogen oxide emissions meettier II engine limits relevant to the rated engine speed.

Amendments to MARPOL annex VI, regulations 13and 14, will enter into force 1 August 2011 to reflectthe adoption of the North American emission controlarea. The size and complexity of the new emissioncontrol area is described in a new appendix VII.

IMDG Code: new entriesIMO resolution MSC.294(87) details adoptedamendments to the International Maritime

Dangerous Goods (IMDG) Code 2010 which comeinto force on a voluntary basis on 1 January 2011.The amendments will becomemandatory with effectfrom 1 January 2012 or earlier if required by thevessel’s flag state.

The amendments include a number of new entrieswhich have been added, including but not limited to

• calcium hypochlorite (UN 3485, 3486 and 3487under class 5.1)

• hydrazine (UN 3484 under class 8)

• lithium hypochlorite (UN 1471 under class 5.1)

• alkali metal dispersion (UN 3482 under class 4.3)

• iodine (UN 3495 under Class 8)

• batteries, nickel metal hydride (UN 3496 underclass 9).

There is also a new limited quantities mark and a newchapter 5.5 covering the special provisions applicableto fumigated cargo transport units (UN 3359).

Copies of the 2010 edition of the IMDG Code areavailable from IMO Publishing, 4 AlbertEmbankment, London, SE1 7SR, United Kingdom.Email: sales@imo.org Website: www.imo.org/Publications/Pages/Home.aspx

SOLAS: carriage of dangerous goodsIn December 2010 the IMO maritime safetycommittee approved revised formats for thedocument of compliance required by theInternational Convention for the Safety of Life atSea (SOLAS), chapter II-2, regulation 19, whichapplies from 1 January 2011. The document ofcompliance must be on any ship carrying dangerousgoods to confirm the vessel’s construction andequipment comply with SOLAS requirements.

The revised standard format should be used whenrenewing documents of compliance for existingships subject to SOLAS, chapter II-2, regulation1.2.3. The validity period of the document ofcompliance should not exceed 5 years. It should alsonot be extended beyond expiry of a vessel’s cargoship safety construction certificate issued under theprovisions of SOLAS, chapter I, regulation 12.

The annex to IMO circular MSC.1/Circ.1266 –Carriage of Dangerous Goods – contains standardformats to be used for documents of compliance.

IMOupdate

Recent amendments to drug legislation appear tohave increased the risk of ships being detained inVenezuela. Rules dating back to 2005 have beenchanged to include new procedures for theseizure and release of assets used in connectionwith drug trafficking, and more serious penaltiesfor offenders.

Any person found guilty of involvement in drugtrafficking – including concealment and carryingin any means of transport (including ships) – canfind themselves facing 15 to 25 years in prison.

There are also penalties for judges who failcorrectly or adequately to apply the new legalprovisions. As a result judges may feel underpressure to apply the ‘letter of the law’, with littleor no leniency.

Ships found to be transporting drugs may beseized, initially for at least three months until thecase comes to court, where a decision will betaken on release or confiscation.

Shipowner Members must be cautious whencalling at Venezuelan ports. North has issued aClub circular about illegal narcotics onboardvessels in Venezuela.

The Club is grateful for information in this articleprovided by Mr José Alfredo Sabatino Pizzolanteof Venezualan correspondents Globalpandi SA.

Members can obtain a copy of the Club’scircular from its website: www.nepia.com/publications/clubcirculars/

Tougherdrugrules inVenezuela

ParisMOUnew inspection regimeMembers are reminded that the Paris Memorandumof Understanding (MOU) on Port State Control’s newinspection regime came into force on 1 January 2011.

Paris MOU has recently published a list of flag stateswhich meet its criteria for low-risk ships. So far onlyfive flag states have met the criteria and Memberswith vessels flying other flags cannot at presenthave their ships designated as low risk. The list isexpected to get longer as more flags undergo IMO’svoluntary member-state audit scheme.

If they have not already done so, Members trading toports in the Paris MOU can visit the Paris MOU

website and calculate both their ship risk andcompany risk profiles. This will allow them to judgethe likely frequency of Paris MOU port-stateinspections of their vessels.

Members can obtain more information about thenew inspection regime from the Paris MOUwebsite:w w w . p a r i s m o u . o r g / P a r i s M O U / N e w +Inspection+Regime/default.aspx

Members can also obtain up to dateinformation from the Industry News pages onthe Club’s website: www.nepia.com/publications/industrynews/ships/worldwide/801/

11LOSS PREVENTION

Spending the slush fund hand over fist

North has published the fourth in its series ofHot Spots reference sheets, which covers thesubject of oxygen and acetylene welding andcutting equipment.

The aim of the latest Hot Spots is to consolidateguidance and recommended practice from the Codeof Safe Working Practice for Merchant Seamen,classification societies, equipment manufacturersand other sources into a single sheet that providespractical hints and tips on using oxy-acetyleneequipment for welding and cutting metals.

Hot Spots sheets aim to help avoid incidents, claimsor port state control deficiencies, or to help preparefor inspections and surveys. They are designed to beplaced with spares or alongside equipment wherethey can provide a quick reference to all, whichmight not be the case if they were filed.

AcopyofOxygenandAcetyleneHotSpots is enclosedwith this issue of Signals for Members andentered ships. A high resolution version, suitable forprinting, can be viewed or downloaded from theClub’s website: www.nepia.com/loss-prevention/publications-and-guides/hot-spots.php

NewHot Spots sheet on oxy-acetylene equipment

IMOpublishesneweditionof searchand-rescuemanual

North’s distance learning course in P&I insuranceand loss prevention continues to attractpost-graduate students from around the UK, withfour leading British universities now involved.

In the eighth year of collaboration with NewcastleUniversity, 2010 saw a further 20 postgraduatescomplete amodule onmarine liability insurance andlaw as part of a one year master of science (MSc)degree in marine transport and management.Interest in the module has increased, withthe 2010/11 intake – including seven navalarchitecture undergraduates – choosing the subjectas an elective unit.

Glasgow and Strathclyde Universities’ joint schoolof naval architecture and marine engineeringcontinues to adopt North’s course materialwith a further 19 students completing the latestversion of the distance learning course. The courseforms part of a marine contracts and insurancemodule that contributes towards a MSc in technicalmanagement of ship operations.

2010 also saw the successful culmination of North’snew collaboration with Northumbria University,participating in the delivery of a marine insurancemodule for the faculty of law’s commercialLLM course.

North‘s commitment tomarine education continues

In modern English a ‘slush fund’ is a reservemoney account used for illicit purposes, especiallypolitical bribery.

However, the term is nautical in origin and comesfrom the legitimate practice of selling slush for cash.In this context slush was not melted snow butrather the fat left over after a ship’s salt meathad been boiled.

Salt meat was a main staple of a seamen’s diet formuch of the eighteenth and nineteenth centuries,and cooks would skim off the fat from empty barrelsand cooking pots, store it in barrels and then sell itat a convenient port to soap and candle makers.The proceeds went into a slush fund, which was

then used to buy small luxuries for crew membersand to subsidise shore leave in port.

After very long voyages, the slush fund may havebeen spent ‘hand over fist’. Originally ‘hand overhand’, this term referred to the actions of heaving onropes, particularly on ships, and at first meantmaking steady progress. Over the years it changed tohand over fist, which is a better description ofhauling on a rope. It since evolved into a term usuallyapplied to making or spending money quickly.

So ‘spending the slush fund hand over fist’ thesedays means spending a reserve fund ofmoney quickly and perhaps for less than strictlylegal purposes.

The International Maritime Organization’smaritime safety committee (MSC), at its 87thsession in May 2010, approved amendments tothe International Aeronautical and MaritimeSearch and Rescue (IAMSAR) Manual.

The IAMSAR Manual comprises three volumes,each written with specific search-and-rescue(SAR) system duties in mind. Volume III can beused as a stand-alone document or in conjunctionwith the other two volumes as a means to attain afull view of the SAR system.

Volume I on organisation and managementdiscusses the global SAR system concept,establishment and improvement of national andregional SAR systems, and co-operation withneighbouring states to provide effective andeconomical SAR services.

Volume II on the mission co-ordination assistspersonnel who plan and co-ordinate SARoperations and exercises.

Volume III on mobile facilities is intended to becarried aboard rescue units, aircraft and vessels tohelp with performance of a search, rescue or on-scene co-ordinator function, and with aspects ofSAR that pertain to their own emergencies.

The 2010 edition incorporates amendments thatwere adopted through 2009 by the InternationalCivil Aviation Organization (ICAO) and theMSC.

The 2008 amendments entered into forceon 1 June 2009, and the 2009 amendments on1 June 2010.

The 2010 amendments become applicable on1 June 2011 after which vessels will be required tocarry the updated version of the manual.

Copies of the new edition of IAMSAR are availablefrom IMO Publishing, 4 Albert Embankment,London, SE1 7SR, United Kingdom. Website:www.imo.org/Publications/Pages/Home.aspx

Europeanadvance cargodeclaration regimeAs Members will be aware, the EU AdvanceCargo Declaration Regime entered into forceon 1 January 2011. BIMCO have recentlypublished appropriate clauses for both timeand voyage charterparties.

Members candownload the clauses fromBIMCO’swebsite:www.bimco.org/en/Corporate/Documents/BIMCO%20Clauses.aspx

‘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 26Questions

1 Which code details the information required before loadingbulk cargo can begin?

2 What type of standard form letters have recently been amendedby the International Group?

3 What does North’s new handbook describe how to collect?

4 Howmany hours should a seafarer normally be able to rest each dayunder the STCW Code amendments?

5 What type of test gives an indication of the compression statusof a hatch cover sealing system?

6 What should be worn at all times on deck to prevent injury?

7 What sort of fund originated from left-over fat?

8 Which MOU has introduced a new inspection regime?

9 What type of exchange can pose a risk to a ship’s stability?

10 What sort of pills have caused serious health problems for seafarers?

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 thecontrary is indicated, all articles are written with reference to English Law. However it should be noted that the content of this publication does notconstitute legal advice and should not be construed as such. Members with appropriate cover should contact the Association’s FD&D department forlegal 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 that informationare expected to satisfy themselves that the information is relevant and suitable for the purposes to which it is applied. In no circumstances whatsoevershall the Association be liable to any person whatsoever for any loss or damage whensoever or howsoever arising out of or in connection with the supply(including negligent supply) or use of information (as described above).

North has written and published a new loss-prevention handbook on recording, collecting andpreserving factual evidence to help raise levelsof responsibility and professionalism within theshipping industry.

The handbook provides comprehensive andup-to-date guidance and checklists on the factualevidence which professional mariners should recordon a routine basis as well as collect and preservefollowing a range of types of incident. It includes thelatest technological developments in data storageand collection.

The handbook has also been published under theimprint of The Nautical Institute, which launched thebook at its seventeenth ‘The Mariner and theMaritime Law’ seminar near Newcastle upon Tyne on12 November 2010. Delegates from all over the world

attended the seminar – which was dedicated to thelaunch of the handbook – with speeches, role-playand presentations explaining and emphasising theimportance of collecting evidence.

North’s joint managing director Paul Jennings said atthe launch, ‘Shipping is one of the safest and mostsustainable forms of global transport but weface increasingly punitive legislation and liabilities.We thus need to do everything we can todemonstrate to politicians, regulators and themedia that seafarers are responsible professionals –which includes responding correctly to and learningfrom any mistakes. This new handbook will helpus all to do just that.’

A copy of the Club’s version of The Mariner’s Role inCollecting Evidence Handbook is enclosed with thisissue of Signals forMembers and entered ships.

Newevidence handbook published

H Q B F G S M V Y I I Q I C W

P A A W L N P D N C G M Z R R

A I P U R B I D O X T K S S X

R Z S P F Q E M M M S G U B Y

I H L E Y M K Y M K A U L Q C

S M K H N N Y J O I L R T K E

R V N I H G E Q T B L R R H K

N O T K S I R W N D A S A P Y

P Y K T X N T J Y E B B S S D

T J E C N E D I V E T R O Z L

E B U F M A Z U D B A U N N P

Y N O L S A F E T Y H R I U O

C X E N W Y I N B S B M C C H

T H C A R E C A R E C A R E J

V M H S F B R M L W Q O Q J E

• The Mariner’s Role in Collecting Evidence Handbook (Members and entered ships only)• Clean Seas poster – Emissions (Members and entered ships only)• Signals Experience case study – Local rules for low sulphur fuels (Members and entered ships only)• Oxygen and Acetylene Hot Spots – (Members and entered ships only)

Your copy of SignalsCopies of this issue of Signals should contain the following enclosures:

• Signals Search is open to all readers of Signals.

• Send a photocopy of your completed search,along with your name and, if appropriate, nameof ship, position on board, company and addressto Denise Huddleston at the Club.Email: denise.huddleston@nepia.com

• All correct entries received by the closing datewill be entered in a prize draw.

• Closing date Friday 4 March 2011.

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.

Signals Search No. 25 WinnersWinner:Michelle Pang– LCH (S) Pte Ltd, Singapore

Runners-up:Tiago Silva–PintoBasto, Portugal

Captain Porus Pervez Dalal,Master “Kota Laju” –Pacific International Lines Pte, Singapore

Answers to Signals Search 251 Monkeys fist2 EHIC3 Himalaya4 IMSBC5 Lateritic

6 Onderweg7 MARPOL8 Manila9 Hot spots10 Evidence