Anti-Trust/Competition Law Compliance Statement INTERTANKOs
policy is to be firmly committed to maintaining a fair and
competitive environment in the world tanker trade, and to adhering
to all applicable laws which regulate INTERTANKOs and its members
activities in these markets. These laws include the
anti-trust/competition laws which the United States, the European
Union and many nations of the world have adopted to preserve the
free enterprise system, promote competition and protect the public
from monopolistic and other restrictive trade practices.
INTERTANKOs activities will be conducted in compliance with its
Anti- trust/Competition Law Guidelines. Slide 2 Welcome to
INTERTANKOs Member Seminar Shanghai 3 rd December 2009 Slide 3
Seminar Schedule 0900-0920Welcome and introduction 0920-1030Key
issues Tanker Market Overview GHGs Piracy Criminalization of
Seafarers Fuel Issues: EU, CARB and North America ECA
1030-1045Coffee break 1045-1140Key issues Marine Issues Ship
Recycling Regional Matters 1140-1200Q&A Open discussion on all
issues 1200-1400Lunch Slide 4 Asian Panel and Member Seminars 2009
November SingaporeMembers Seminar Hong Kong Asian Panel Meeting
December Shanghai Members Seminar 2010 January Singapore Members
Seminar March Tokyo Asian Panel Meeting Seoul Members Seminar
Shanghai Members Seminar Slide 5 Marine Issues GHGs: SEEMP and
TEEMP Oil Company Relations TOTS: Quick update TVD Port State
Control: Facilitation Payments Ship Recycling Regional Issues Oil
Pollution Regulations, China Slide 6 GHGs and the SEEMP Slide 7
GHGs and the SEEMP Ship Energy Efficiency Management Plan Developed
as a ship-specific plan by the ship owner Part 1 What the Plan
should look like in four parts 1.Planning: Package of measures
identified & Goal setting 2.Implementation: Implementation
system 3.Monitoring: Monitoring system (tools and record keeping)
4.Self-evaluation & Improvement: Voluntary reporting Part 2
List of possible options for improving energy efficiency (enter
INTERTANKOs Guide) Slide 8 INTERTANKOs Guide for a Tanker
Efficiency and Emission Management Plan GHGs and the SEEMP 1. 1.
Introduction 2. 2. Establishing the Company and Ship Management
Plans 3. 3. Voyage Optimisation Programme 4. 4. Propulsion
Resistance Management Programme 5. 5. Machinery Optimisation
Programme 6. 6. Cargo Handling Optimisation 7. 7. Energy
Conservation Awareness Plan Slide 9 Oil Company Relations Slide 10
Generic Items Involvement in development of tanker best practice:
ISGOTT, the Mooring Equipment Guidelines and the Tanker Management
& Self Assessment (TMSA) Cooperation on common new building
standards Participation and cooperation on development of best
practice for standard maintenance with the oil companies Closer
cooperation between ISTEC and OCIMF Technical sub-committee SIRE
Seeking increased transparency as to who are the recipients of the
SIRE reports (this is currently not available, only the submitters
are known) INTERTANKO would like to see: an increased number of
accredited SIRE inspectors, an ease of complying with 4-6 month
validity requirements of SIRE reports, and: a reduction in the cost
of the vetting process. Oil Company Relations: key areas of
cooperation Slide 11 Technical Co-operation Requesting an
improvement in efforts to notify owners of any change in the
vessels vetting status within an Oil Company, at the time of
change. (Currently owners are only made aware of a change in status
when the vessel is offered for business) Freight and Demurrage
INTERTANKO members continue to experience problems with demurrage
claims and requests that these be paid as soon as they are incurred
Terminals INTERTANKO looks to OCIMF for support and cooperation for
safe access to vessels at terminals for the safe management and
maintenance of vessels together with supporting crew welfare Oil
Company Relations: key areas of cooperation Slide 12 Inspections
Welcome more cooperation regarding the problems associated with the
multiplicity of acceptability in the vetting and screening process
Seeking cooperation with OCIMF in establishing TOTS as an industry
standard Advocate the use by charterers of the SIRE system to
increase the uniformity of inspections Common guidance on
inspections at the New Building stage would overcome the current
difficulties experienced by owners when seeking an inspection Age
discrimination still exists within certain oil companies, contrary
to recent regulatory developments. This reduces the owners
incentive to maintain vessels after a certain age. Oil Company
Relations: key areas of cooperation Slide 13 Tanker Officer
Training Standards Slide 14 Tanker Officer Training Standards The
need for TOTS... Increasing Incidents Officer Training Requirements
Matrix requirements Continuous Improvement TMSA 2 Human Element
Factors Shortage of Experienced Officers Slide 15 TOTS objectives
Ensure compliance with todays rules & regulations. Ease
compliance with Officer Matrix Requirements Ensure that the team
onboard will operate the tanker environmentally aware and safe TOTS
Summary an Industry Standard Slide 16 INTERTANKO has issued
Authorisations to all IACS Members: American Bureau of Shipping
(ABS) Bureau Veritas (BV) China Classification Society CSS) Det
Norske Veritas (DNV) Korean Register (KR) Gemanischer Lloyd (GL)
Lloyds Register (LR) Nippon Kaiji Kyokai (Class NK) Registro
Italiano Navale (RINA) Russian Maritime Register of Shipping (RS)
TOTS Latest Updates Slide 17 TOTS to be available fully
electronically: E-TOTS Arrangement with Seagull to produce E-TOTS
Unless logo is present, it is not officially licensed by INTERTANKO
Numerous companies working on full implementation TOTS Latest
Updates Winner of Seatrade Award 2009 Investment in People Slide 18
Terminal Vetting Database Slide 19 What Terminal Vetting Tankers
are vetted but are sometimes asked to make fast to poor quality
berths The vetting process works for ships, so why not for
terminals? Why enhance safety at the terminals improve member
efficiency by influencing terminals to fix problems maintain
industry safety record Who Access to the system is controlled by
INTERTANKO and is strictly limited to INTERTANKO Members and
Associate Members The Terminal Vetting Database is hosted by
www.Q88.com in partnership with INTERTANKOwww.Q88.com Access is
usually set up within one business day Terminal Vetting Database
(TVD) Slide 20 Terminal Vetting Database (TVD) Slide 21 Update...
The number of reports received each year over the last 2 years
2007: 2,600 2008: 2,878 2009: 2,700 (projected) Number of low score
terminal reports received each year last 2 years 2007: 39 2008: 40
2009: 15 (as of Aug 3, 2009) Number of terminals who have provided
"terminal comments" 2007: 0 2008: 12 2009: 1 (as of Aug 3, 2009) We
have received reports from almost 800 vessels since inception We
have received a total of 14,000 reports since inception Terminal
Vetting Database (TVD) Slide 22 Port State Control Facilitation
Payments Slide 23 In order to trade efficiently (smoothly)
Facilitation Payments are frequently made to Authorities, Pilots,
Terminal Officials, Inspectors, and more But Owners are expected to
warrant that no bribes (and in some cases also no facilitation
payments) will be paid during the performance of the contract and
that owners are obliged to indemnify charterers from all
consequences if any such payments are made. DocCom is considering
model clauses, e.g. for Voyage Charters: .. any waiting time caused
by the owners refusal to pay a facilitation payment or bribe shall
count as laytime or if on demurrage time on demurrage, even if the
vessel formally lacks any local certificates, clearances or there
are any other circumstances or formalities that ordinarily could
prevent laytime from starting, if the reason the owners do not have
such approval etc. is because owner has refused a facilitation
payment or bribe. PSC Facilitation Payments Slide 24 Ship Recycling
Slide 25 Ship Recycling The key regulatory development... Hong Kong
International Convention for the Safe and Environmentally Sound
Recycling of Ships 2009 Unlikely to enter into force until 2013 at
the earliest, but... Pressure on ship operating industry to move
towards compliance in the transitional period Interest from
INTERTANKO members to recycle in compliance with the Hong Kong
Convention Recommendation to recycle ships in accordance with the
Hong Kong Convention, where possible Industry Working Group
Transitional Measures for Shipowners Selling their Ships for
Recycling Slide 26 Ship Recycling Hong Kong International
Convention for the Safe and Environmentally Sound Recycling of
Ships 2009 Key Elements 1. Recycling Facilities environmentally
sound 2. Mandatory reporting scheme 3. Ship Recycling Plan 4.
Minimising Potentially Hazardous Materials 5. Inventory of
Hazardous Materials (aka Green passport) Slide 27 Ship Recycling
Transitional Measures - for Shipowners Selling their Ships for
Recycling Key Elements Activities During the Lifecycle of a Ship
Inventory of Hazardous Materials accurate and updated Selling a
Ship in Accordance with the Convention Methods of Sale direct or
through cash buyer Ensuring a Facility is Competent Ship Recycling
Plan specific to the vessel being recycled Prior Removal of
Hazardous Materials yard selected on capability to handle waste
Safe for Entry and Hot Works tanks cleaned to allow/facilitate gas
freeing at the yard Certification and Flag State Reporting 3 rd
party verification Other Factors to Consider Facility Management
Plan Worker Health and Safety Waste Management Slide 28 Regional
Issues Slide 29 Regional developments Singapore Inspection Request
Form March 2009 Limited complaints from INTERTANKO members in terms
of refusals, but... Some concern over form and guidelines for form
use being strictly adhered to Additional company representative not
well received Possible future progress Inclusion of CDI inspectors
alongside SIRE Removal of requirement for additional company
representative (superintendent) Eventual removal of form submission
Slide 30 Regional developments Regulations on the Prevention and
Control of Ship-Induced Pollution of the Marine Environment 1st
March 2010 Any ship-induced pollution accident or any ship-related
operation that causes or may cause pollution damage to the internal
waters, territorial seas, and the contiguous zones, exclusive
economic zones and continental shelves of the PRC and all other sea
areas under the jurisdiction of the PRC Need for ship emergency
response plans All ships, except those of less than 1,000gt and not
carrying oil cargoes, must carry insurance to cover claims for
pollution The limit of liability is that in the PRC Maritime Code
(LLMC 76). The insurance must be provided by an entity approved by
the China MSA The operators of any ships carrying bulk hazardous
and pollutant liquid cargo shall contract with an MSA approved
local clean-up contractor It would seem that there this no limit of
liability PRC Maritime Code (LLMC 76) Receivers of persistent oil
cargoes are required to contribute to the PRC Fund, which would
compensate for ship-induced pollution claims that are in excess of
CLC limits. Provisions for discharge and receipt of waste (port
reception facilities) Slide 31 Regional developments Regulations on
the Prevention and Control of Ship-Induced Pollution of the Marine
Environment INTERTANKO Observations and Queries 1.Not certain
whether CLC 92 for persistent oil or Bunker Convention 2001 for
ships over 1,000gt would suffice in terms of insurance 2.Entities
approved by the China MSA to provide insurance cover P&I?
3.Require a list of approved clean-up contractors asap so companies
can begin establishing contracts by the 1 st March deadline
4.Although China is not a party to the Fund, contributions to a PRC
Fund would seem to be a local variation on the CLC Fund principle
5.Assumed that SOPEP and SMPEP would suffice as the ship emergency
plans 6.Not clear whether standardised advance notification forms
and waste delivery receipts for port waste reception facilities
will be used 7.Await an official english translation and further
guidance Slide 32 thank you For more information please visit
www.intertanko.com www.intertanko.com
[email protected]
