7
Issue 209 jan/feb 2011 Los artículos en español aparecen en las páginas 6 y 7 The Sea is published by The Mission to Seafarers Editor: Gillian Ennis News: David Hughes It is distributed free of charge to seafarers through chaplains and seafarers’ centres. However, if you want to be sure of getting it regularly, send us £3.50 or $5 for post and packing and we will mail it to you for a year (six issues). It is available from: Kathy Baldwin, The Sea, The Mission to Seafarers, St Michael Paternoster Royal, College Hill, London EC4R 2RL. Tel: +44 20 7248 5202 Fax: +44 20 7248 4761 Email: [email protected] Website: www.missiontoseafarers.org Arrest and detention page 6 Life@Sea photo winner page 3 Статьи на русском языке приводятся на стр. 6 и 7 Fewer flag states on PSC black lists IMO honours exceptional bravery at sea Award-winner ‘placed himself in great danger’ New US law gives crews easier access to shore Post-piracy care for seafarers pages 4/5 Continued on P8 UK registered charity no: 212432 Scottish charity register no: SC039211 THE US Coast Guard Authorisation Act of 2010, signed into law by President Barack Obama last October, requires the secu- rity plans of shoreside facilities and terminals to provide a system for seafarers, pilots, and representatives of seamen’s welfare and labour organisations, to have timely access through the terminal at no cost to the indi- vidual. Douglas Stevenson, director of the Center for Seafarers’ Rights (CSR) at the Seamen’s Church Institute of New York and New Jer- sey, said the provision was a direct response to terminal access problems identified in various shore leave surveys conducted by the CSR. “The efforts of all port chaplains who have collected shore leave data and par- ticipated in the surveys have been instrumental in making this new law possible.” THERE has been a notice- able decline over the past seven years in the number of flag states that appear on the black lists of regional port state control (PSC) authorities, according to the Round Table of international shipping associations which has recently published its latest Ship- ping Industry Flag State Performance Table. It says that while there is always room for improvement, many flags have improved their performance, some dramatically so. Six flags had no potential nega- tive performance indica- tors at all in 2010. The Round Table says, however, that shipowners should “think very carefully” before using the follow- ing poorly performing flags: Albania, Bolivia, Cambodia, Colombia, Costa Rica, Cote d’Ivoire, Democratic Republic of Congo, Georgia, Hon- duras, Lebanon, St Kitts and Nevis, Sao Tome and Principe, and Sierra Leone. JAMES Fanifau receives the 2010 International Maritime Organisation award for exceptional bravery at sea from IMO secretary general Efthimios Mitropoulos. Behind him are (left) John Dauth, Australian High Commissioner and permanent representative of Australia to IMO, and Pio Bosco Tikoisuva, Fijian High Commissioner. T HE winner of this year’s International Maritime Organisation (IMO) award for exceptional bravery at sea, Fijian seafarer James Fanifau, jumped into the water to save an elderly yachtsman, “placing himself in great dan- ger and exhibiting little regard for his own personal safety”. IMO secretary general Efthimios Mitropoulos said that presenting the award to Mr Fanifau had “particular resonance” in 2010 as it was the organisation’s Year of the Seafarer. “May James’s act inspire others who may find themselves faced with the same dilemma: to risk or not to risk. Let him become a role model for young people for his decisiveness, his gallantry, his sense of self-sacrifice, his professionalism and his mod- esty,” he said. In May 2009, Mr Fanifau was fourth engineer on the 3,972 gt Singapore-flagged general cargo ship Scarlett Lucy. She was sailing through the Tasman Sea in severe weather conditions when the yacht Sumatra II was reported to be in trouble. There were two people on the yacht, which was taking on water and sinking in rough seas with waves up to eight metres high and was too far from land to be reached by a rescue helicopter. When the Scarlett Lucy came up close to the two yachtsmen, one was able to scramble up a boarding net to safety. The other one, 72-year- old doctor Jerome Morgan, drifted in the water for some 45 minutes as the crew of the Scarlett Lucy tried throwing lifebuoys to him. Finally Mr Fanifau went over the side of his ship to pull the exhausted man from the water and lift him to the ship’s deck. IMO’s panel of eminent maritime professionals said Mr Fanifau, who had been nominated for the award by Australia, “displayed extraor- dinary bravery and humani- tarian concern far beyond the normal call of duty”. Dr Morgan was present at the awards ceremony at IMO in London to thank his rescuer personally for brav- ing “the violent storm that dark night to reach out for me and deliver me from the certain jaws of death”. Mr Fanifau said he had just acted instinctively, like anyone else. “I would do the same all over again if I had the chance.” The IMO secretary general also presented certificates to “highly commended” nomi- nees for the award. Among them was the crew of the fishing boat Zhe Ping Yu 2325, nominated by China for their speedy response, with limited search and rescue ex- perience, in recovering four crew members from a liferaft of the sunken cargoship Dong Hai 1818 in heavy seas and bad visibility in September 2009. They had then continued the search operation until the re- maining three crew members had also been rescued. The Philippines put for- ward task force sea marshals Samuel Boniol, Anifer Bucao, Oliver Cogo and Loreto Justo for their actions while on duty on board the Super Ferry 9 when it capsized and sank in September 2009. South Africa nominated Myck Jubber, the coxswain of the rescue boat Spirit of Rotary- Blouberg, and crew members Kobus Meyer and Kim Ger- mishuys, for assisting in the rescue of the 25-strong crew of the bulk carrier Seli 1, which was being swept towards the shore by stormy seas in Table Bay in September 2009. The US nominated coast- guard helicopter rescue swim- mer and emergency medical technician Michael Romano for his actions in April 2009 in hazardous night conditions in preventing a crew member of the fishing vessel Andy II from drowning in freezing seas after a hoist parted during a medi- cal evacuation, dropping the patient overboard. Mr Romano swam to the immobile patient and kept him afloat in stormy seas until the helicopter crew were able to make an emer- gency repair and hoist the two out of the water. In addition, letters of com- mendation were sent to a further five nominees. Officers of the Changjiang Maritime Safety Adminis- tration patrol vessel 31321 persevered for some 20 hours to rescue five crew members from the overturned cargo ship YuLuoHe 1111 in severe weather conditions. Israel Defence Force swim- mers rescued six seafarers after the general cargo vessel Salla 2 sank in extremely heavy weather. The master and crew of the containership Dorian rescued 77 people in heavy weather from the sinking small coastal

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Page 1: The Sea, January/February 2011

Issue 209 jan/feb 2011

Los artículos en español aparecen en las páginas 6 y 7

The Sea is published byThe Mission to SeafarersEditor: Gillian EnnisNews: David HughesIt is distributed free of charge to seafarers through chaplains and seafarers’ centres. However, if you want to be sure of getting it regularly, send us £3.50 or $5 for post and packing and we will mail it to you for a year (six issues).It is available from:Kathy Baldwin,The Sea, The Mission to Seafarers, St Michael Paternoster Royal, College Hill, London EC4R 2RL. Tel: +44 20 7248 5202Fax: +44 20 7248 4761 Email: [email protected]: www.missiontoseafarers.org

Arrest and detentionpage 6

Life@Sea photo winnerpage 3

Статьи на русском языке приводятся на стр. 6 и 7

Fewer flag states on PSC black lists

IMO honours exceptional bravery at sea

Award-winner ‘placed himself in great danger’

New US law gives crews easier access to shore

Post-piracy care for seafarerspages 4/5

Continued on P8

UK registered charity no: 212432Scottish charity register no: SC039211

THE US Coast Guard Authorisation Act of 2010, signed into law by President Barack Obama last October, requires the secu-rity plans of shoreside facilities and terminals to provide a system for seafarers, pilots, and representatives of seamen’s welfare and labour organisations, to have timely access through the terminal at no cost to the indi-vidual.

Douglas Stevenson, director of the Center for Seafarers’ Rights (CSR) at the Seamen’s Church Institute of New York and New Jer-sey, said the provision was a direct response to terminal access problems identified in various shore leave surveys conducted by the CSR. “The efforts of all port chaplains who have collected shore leave data and par-ticipated in the surveys have been instrumental in making this new law possible.”

THERE has been a notice-able decline over the past seven years in the number of flag states that appear on the black lists of regional port state control (PSC) authorities, according to the Round Table of international shipping associations which has recently published its latest Ship-ping Industry Flag State Performance Table.

It says that while there is always room for improvement, many flags have improved their performance, some dramatically so. Six flags had no potential nega-tive performance indica-tors at all in 2010.

The Round Table says, however, that shipowners should “think very carefully” before using the follow-ing poorly performing flags: Albania, Bolivia, Cambodia, Colombia, Costa Rica, Cote d’Ivoire, Democratic Republic of Congo, Georgia, Hon-duras, Lebanon, St Kitts and Nevis, Sao Tome and Principe, and Sierra Leone.

JAMES Fanifau receives the 2010 International Maritime Organisation award for exceptional bravery at sea from IMO secretary general Efthimios Mitropoulos. Behind him are (left) John Dauth, Australian High Commissioner and permanent representative of Australia to IMO, and Pio Bosco Tikoisuva, Fijian High Commissioner.

THE winner of this year’s International Maritime Organisation (IMO)

award for exceptional bravery at sea, Fijian seafarer James Fanifau, jumped into the water to save an elderly yachtsman, “placing himself in great dan-ger and exhibiting little regard for his own personal safety”.

IMO secretary general Efthimios Mitropoulos said that presenting the award to Mr Fanifau had “particular resonance” in 2010 as it was the organisation’s Year of the Seafarer. “May James’s act inspire others who may find themselves faced with the same dilemma: to risk or not to risk. Let him become a role model for young people for his decisiveness, his gallantry, his sense of self-sacrifice, his professionalism and his mod-esty,” he said.

In May 2009, Mr Fanifau was fourth engineer on the 3,972 gt Singapore-flagged general cargo ship Scarlett Lucy. She was sailing through the Tasman Sea in severe weather conditions when the yacht Sumatra II was reported to be in trouble.

There were two people on the yacht, which was taking on water and sinking in rough

seas with waves up to eight metres high and was too far from land to be reached by a rescue helicopter.

When the Scarlett Lucy came up close to the two yachtsmen, one was able to scramble up a boarding net to safety. The other one, 72-year-old doctor Jerome Morgan, drifted in the water for some 45 minutes as the crew of the Scarlett Lucy tried throwing lifebuoys to him. Finally Mr Fanifau went over the side of his ship to pull the exhausted man from the water and lift him to the ship’s deck.

IMO’s panel of eminent maritime professionals said Mr Fanifau, who had been nominated for the award by Australia, “displayed extraor-dinary bravery and humani-tarian concern far beyond the normal call of duty”.

Dr Morgan was present at the awards ceremony at IMO in London to thank his rescuer personally for brav-ing “the violent storm that dark night to reach out for me and deliver me from the certain jaws of death”. Mr Fanifau said he had just acted instinctively, like anyone else. “I would do the same all over again if I had the chance.”

The IMO secretary general also presented certificates to “highly commended” nomi-nees for the award.

Among them was the crew of the fishing boat Zhe Ping Yu 2325, nominated by China for their speedy response, with limited search and rescue ex-perience, in recovering four crew members from a liferaft of the sunken cargoship Dong Hai 1818 in heavy seas and bad visibility in September 2009. They had then continued the search operation until the re-maining three crew members had also been rescued.

The Philippines put for-ward task force sea marshals Samuel Boniol, Anifer Bucao, Oliver Cogo and Loreto Justo for their actions while on duty on board the Super Ferry 9 when it capsized and sank in September 2009.

South Africa nominated Myck Jubber, the coxswain of the rescue boat Spirit of Rotary-Blouberg, and crew members Kobus Meyer and Kim Ger-mishuys, for assisting in the rescue of the 25-strong crew of the bulk carrier Seli 1, which was being swept towards the shore by stormy seas in Table Bay in September 2009.

The US nominated coast-

guard helicopter rescue swim-mer and emergency medical technician Michael Romano for his actions in April 2009 in hazardous night conditions in preventing a crew member of the fishing vessel Andy II from drowning in freezing seas after a hoist parted during a medi-cal evacuation, dropping the patient overboard. Mr Romano swam to the immobile patient and kept him afloat in stormy seas until the helicopter crew were able to make an emer-gency repair and hoist the two out of the water.

In addition, letters of com-mendation were sent to a further five nominees.

Officers of the Changjiang Maritime Safety Adminis-tration patrol vessel 31321 persevered for some 20 hours to rescue five crew members from the overturned cargo ship YuLuoHe 1111 in severe weather conditions.

Israel Defence Force swim-mers rescued six seafarers after the general cargo vessel Salla 2 sank in extremely heavy weather.

The master and crew of the containership Dorian rescued 77 people in heavy weather from the sinking small coastal

Page 2: The Sea, January/February 2011

2 the sea jan/feb 11

Ships still not taking all the precautions they should

Pirate attacks and hijacking continue at high levels

Safety concerns over UK government cutbacks

Princess visits anti-piracy force

Crew lose appeal over damages claim

Concern about nickel ore cargoes

Row over toxic waste shipment

IMO to launch 2011 action plan

Jail term for drunk master

Fatality prompts safety moves

FOUR seafarers, who were on the 1,600 dwt cargo-ship Danica White when it was hijacked by Somali pirates in 2007, have lost their appeal over a claim for compensation.

An official inquiry into the incident re-vealed that the owner and the master had taken insufficient steps to guard against the hijacking of the slow, low freeboard vessel. Nevertheless, an initial ruling by a Danish court last year that the owner was not negligent has been upheld on appeal. The case was brought by four seafarers, one of whom has since died and only one of whom is still working at sea.

The four had claimed about $242,000 following their 83 days’ captivity in Somalia. The Danish maritime union, 3F, has accepted there is little chance of a further appeal and that only a change in the law would enable such cases to succeed.

TWO Panamanian-flag bulk carriers, both carrying nickel ore cargoes, sank in Asian waters towards the end of last year. The 45,107 dwt Jian Fu Star sank off Taiwan at the end of October with the loss of 13 lives, and in November, 22 Chinese seafarers, out of a crew of 25, died when the 56,893dwt Nasco Diamond listed and sank off the Philippines while on a voyage from Indonesia to Lianyungang, China.

The two sinkings have heightened con-cern over the dangers of nickel ore which can liquefy if the moisture content is too high.

PIRACY has continued at high levels despite the massive naval

response in the Gulf of Aden and the Indian Ocean, the Internat ional Mari t ime Bureau’s (IMB) most recent quarterly report showed. It said that Somali pirates intensified attacks away from their own coast and were responsible for 44 per cent of the 289 piracy incidents on the world’s seas in the first nine months of 2010.

They carried out 35 of the 39 ship hijackings worldwide from January to September last year, using ocean-going fishing vessels to reach as far as the southern Red Sea, where they hijacked a chemical tanker last July, the first such hijack-ing recorded in the area. The pirates are heavily armed with automatic weapons and rocket propelled grenades.

The IMB Piracy Reporting

Centre’s worldwide figures showed that pirates boarded 128 ships and fired at 52, but 70 vessels reported thwarting attacks. Guns were used in 137 incidents and knives in 66, resulting in one death, injuries to 27 seafarers and 773 being taken hostage.

Globally, the number of vessels hijacked was higher than the 34 recorded in the same period in 2009, despite a slight fall in the number of piracy incidents.

The IMB said navies from around the world helped pre-vent numerous attacks off the Horn of Africa, where their presence was vital in protect-ing merchant shipping against piracy. But despite a fall in the number of attacks in this piracy hotspot, the level of hijackings remained similar to that of last year.

IMB director Captain Pot-tengal Mukundan once again

commended the actions of the navies in the Gulf of Aden and the Somali basin. “Increased intelligence gathering coupled with strategic placement of naval assets has resulted in the targeting of suspected pirate ac-tion groups before they become operational. However, this is a vast area and the navies cannot realistically cover it. The naval presence does however remain vital to the control of piracy in this area,” he said.

He added that more ves-sels had strengthened their anti-piracy measures thanks to awareness raised by the indus-try’s Best Management Practices. However, the IMB stressed to the The Sea that many ships were still not taking all the precautions they should.

While the focus remains on Somali-based piracy, the South China Sea has become significantly more danger-ous. The IMB reported 30

piracy attempts in the first nine months of 2010, result-ing in 21 successful boardings. This was triple the number of incidents reported in the same period in 2009. “The pirates in this area use almost identical methods of attack, suggesting that a small number of groups is responsible. The fact that vulnerable vessels are boarded by pirates whilst steaming is a matter of concern,” Captain Mukundan said.

Other parts of the world which have seen a rise in pi-racy include Chittagong where the IMB warned ships’ masters to be “particularly vigilant”. An increasing number of thieves board vessels at anchor or when they are approaching the anchorage to the Bangla-deshi port. The IMB also said that piracy was on the increase in Indonesian waters, where 26 incidents were recorded, up from seven in 2009.

DIPLOMATIC efforts t o i m p r o v e t h e effectiveness of the international response t o S o m a l i p i r a c y h a v e c o n t i n u e d . Following up on the “End Piracy Now” petition of almost a million signatures, International Maritime Organisation (IMO) s e c r e t a r y g e n e r a l Efthimios Mitropoulos announced that this year’s World Maritime Day theme would be “Piracy: orchestrating the response”.

He said the aim was to encourage all involved “to redouble our efforts to mount, on a worldwide basis, a decisive and effective r e s p o n s e t o t h i s modern-day menace”.

The UN secretary-general will be visiting IMO in early 2011 to launch an action plan that covers the entire year in an effort to maintain and intensify f o c u s o n p i r a c y -

combating endeavours of all kinds – political, maritime, naval and legal.

Mr Mitropoulos said IMO had been addressing the piracy problem energetically and he pointed to several initiatives, including “working closely with naval forces in a co-operative effort without precedent in naval history”.

Nevertheless, he accepted that the successes did not alter the fact that piracy and armed robbery against ships remained a real and ever-present danger to shipping – in the Gulf of Aden, off the coast of Somalia and in the western Indian Ocean, and also in other parts of the world, such as the Gulf of Guinea and the South China Sea. He said more needed to be done and called for further action by governments.

THE Princess Royal, who is president of The Mission to Seafarers, commended the efforts of all those involved in helping to combat p i r a c y w h e n s h e visited the Seychelles in December. There she met representatives from the European Union Naval Force (EU Navfor) and the Seychelles Coastguard.

She was briefed on co-operation between

the EU nations and the Seychelles to combat piracy. This included details of a joint EU/Seychelles operation to rescue seven Seychelles fishermen.

Seychelles govern-ment minister Joel Morgan said the Prin-cess Royal had the op-portunity to see for herself the type of work being done and how the element of air sur-veillance contributed

to the overall efforts against piracy.

Not only does the Seychelles co-operate with EU Navfor on counter-piracy opera-tions but it has also brought a number of pirates before its courts. Eleven Somali pirates who were transferred by EU Navfor under a standing agreement were recently sentenced to six years each by a Seychelles court.

THE Princess Royal with Minister Joel Morgan and the EU Navfor Luxembourg aircraft detachment. (Photo: EU Navfor)

THE UK government plans t o w i t h d r a w t h e f o u r emergency towing vessels (ETVs) stationed around the coast from September 2011 as part of its spending cuts.

Meanwhile, the future of the Maritime Incident Response Group (MIRG) is being reviewed and may also be scrapped. The MIRG was launched in 2006 to provide a co-ordinated national net-work of trained personnel to respond to fires, chemical releases and other accidents at sea.

Ending the ETV service will save a total of £32.5m over a five-year period, while scrapping MIRG would save a further £340,000 a year.

Both moves have been criticised by seafarers’ union Nautilus International which says that the government is “gambling with the safety of lives and the environment”.

By coincidence, following the announcement in Octo-ber, ETVs were involved in two high profile casualties, one of which required UK fire brigade assistance. The Royal Navy’s newest nuclear pow-

ered submarine, HMS Astute, went aground close to Skye and was pulled off by the ETV Anglian Prince. Shortly afterwards, the ETV Anglian Princess assisted the fish fac-tory vessel Athena when she caught fire off Falmouth. A MIRG team from Devon and Somerset Fire and Rescue Service boarded the vessel to tackle the fire but later had to abandon her.

The general secretary of Nautilus, Mark Dickinson, said he was horrified by the announcements. “The thinking behind this is ut-

terly incomprehensible and we will do all that we can to persuade the government to reconsider. The ETVs were put in place for extremely good reasons, following re-ports into two terrible tanker disasters, and their success has proved to be a model for other countries. The number of recent incidents and near-misses in the Channel alone serves to demonstrate the value of these vessels, and it is clear that the government is running a significant risk in removing the protection they provide.”

A ROW has broken out over the planned ship-ment of 3,000 tonnes of highly toxic waste from Australia to Denmark. As The Sea was going to press, unions in Australia and Scandinavia were trying to halt the loading of hexachlorobenzene (HCB), a byproduct of solvents manufactured at Botany Bay until 1991 and owned by chemicals firm Orica. The 9,611 gt Antigua and Barbuda-flag Beluga Fascination had been chartered to make the trip to Nyborg

in Denmark so that Danish hazardous waste company Kommunekemi could incinerate the waste.

Following comments that industrial action to stop the waste being transported would be il-legal in both Australia and Denmark, the Interna-tional Transport Workers’ Federation’s maritime co-ordinator, Steve Cot-ton, asked for a rethink on the shipment. “No one wants substances such as HCB around when they can be safely disposed of, but there are questions that need to be answered here, and answered quickly. Can the transport workers involved – truck-ers, dockers and seafarers in both countries and at sea – be assured that they are not in danger; does this potentially risky voy-age need to take place at all; and is the Beluga Fasci-nation the right ship?”

IN a report by the UK’s Marine Accident Investigation Branch (MAIB) into the death of a Filipino seafarer on the Antigua & Barbuda-flagged bulk carrier Fitnes, accident investigators said that there were no written risk assessments on board.

The 25-year-old was killed while single-handed-ly overseeing the unload-ing of aggregates, gravel and ballast at Northfleet, near London. His body had been discovered between the conveyor belt roller and a support-ing beam on the ship’s self-discharging system. The MAIB said the vessel’s German owner, HJH Man-agement, was now install-ing enhanced guarding around exposed conveyor belt machinery and in future would require two crew members to super-vise the machinery.

A KOREAN master was jailed for14 days by a US court and banned from US waters for six months, after being found to be drunk in charge of the 2009-built Panamanian-flag general cargoship STXC Daisy.

Sin Seong Ug took a breath test, which showed his blood-alcohol level was more than twice the legal limit. The incident occurred in April when US Coast Guard officers had difficulty boarding the ship in Puget Sound because Captain Sin refused to follow their instructions. It also turned out that the ship had no usable charts of the Sound.

Page 3: The Sea, January/February 2011

jan/feb 11 the sea 3

Boost for EU coastguard plans

Prestige case could go to UN

18,000 teu boxships ‘within a year’

Starring role for seafarers

Union hits out at ‘let them eat cake’ message

Rush to meet new inspection regime

Moller-Maersk fined over inadequate hours of rest

‘Conviction should send strong message to the industry’

Competition shows life@sea in pictures

Rainbow by Geopet Salingay Shaft inspection by Edito Neirra

Calm evening by Olexsandr Turchanov

Flags by Geopet SalingaySilhouette by Cameron Butchart and (right) ABs at work by Jose Marie

Svitzer Josephine by Talbot Clark and (right) Shipmate painting by Chris Mondragon

The North Sea by Stanislav Skvortsov

THE Mission to Seafarers’ Life@Sea photography competition winning entry was Stanislav Skvortsov’s “The North Sea” (top left). Mr Skvortsov was awarded the first prize of a digital camera. His entry was described by one of the judges, Lord Greenway, as “exceptional” and a “very

dramatic photograph”, especially as the horizon was perfectly placed along the top of the photograph, despite being taken on an incredibly rough sea.

“The greyness of the picture appealed to me enormously. It summed up the rather hostile conditions that we often

meet at sea and it was brought out by the little bit of red from the deck paint.”

The competition, which was run with support from the law firm Ince and Co, attracted 170 entries from seafarers around the world, some of which can be seen above.

DA N I S H s h i p p i n g giant AP Moller -Maersk has been

fined by a UK court for failing to provide adequate hours of rest for the crew of a containership and for not rectifying the situation once the authorities discovered the breaches of regulations.

T h e c o m p a n y w a s fined £18,500 plus costs of £4,439.27 after pleading guilty. The UK’s Maritime and Coastguard Agency (MCA) said that, in Septem-ber 2009, it conducted an

audit on board the UK-flag containership Maersk Patras at Bremerhaven. It was no-ticed that the master, officers and other crew members had not been having the required periods of rest as laid down by international agreements. The MCA said it informed AP Moller-Maersk of these concerns but the company failed to correct matters and the breaches of the regula-tions continued.

The managing director o f M a e r s k L i n e U K , Terry Cornick, said that

Maersk Line considered crew welfare and vessel safety to be paramount and that the company had taken steps to address the original non-conformity by sending a reminder to all vessels. “Unfortunately, the corrective measures did not prevent subsequent violations on Maersk Patras. Maersk Line takes these transgressions seriously, and is taking actions to prevent recurrences. We must stress that the violations, while serious in nature, are isolated

cases involving individual crew members.”

MCA surveyor Neil Atkin-son pointed out that fatigue was often a significant factor in accidents, whether it was to individuals or to the ship itself. “For this reason,” he said, “the MCA is focusing on seafarers’ hours of rest during routine inspections of UK and foreign flag vessels. This conviction should send a strong message to the in-dustry that failing to provide adequate hours of rest for the crew is not acceptable.”

AP MOLLER-Maersk has come under fire from seafarers’ union Nautilus International f o r i n s e n s i t i v i t y a f t e r announcing much improved financial results.

In a message sent to the fleet, Maersk Line chief op-erating officer Morten Engel-stoft described the compa-ny’s “impressive” third quar-ter results, with US$4.2bn profits recorded by the AP Moller Group – of which some $2.25bn was chalked up by the container business.

He said that the “every-day commitment” of sea staff to reducing costs had had a real impact on the overall result and he urged crews to

join shore-based staff in the Copenhagen office in cel-ebrating the results with some traditional Danish lagkage (cream cake).

Nautilus head Mark Dick-inson likened the comments to French Queen Marie-An-toinette’s infamously cruel “let them eat cake” remark when she heard the French peasants were starving. “It is clear from the feedback we have had from members in the fleet that seafarers are more likely to be choking back their anger than cel-ebrating with management ashore,” he said.

“The profits have been achieved on the back of job

losses for highly skilled and experienced personnel, and cuts in operating costs that have left some ships with food budgets that would barely run to covering the costs of cooking cream cakes or providing something to eat them off, since paper ser-viettes were banned.”

Mr Dickinson urged Mae-rsk to listen to a “barrage of dissent”, with seafarers on more than 40 of the compa-ny’s containerships joining a protest against the message. “Instead of cake, seafarers are looking for genuine recogni-tion of their contribution to Maersk’s recovery over the past year.

“This means delivering on our repeated requests for a job security agreement and a demonstrable commitment to the future of European of-ficers, with a defined strategy for recruitment, training and retention.”

In response, Søren An-dersen, head of vessels man-agement at Maersk Line, said the company was listening very carefully to the criticism. “It illustrates that we have been through a process of cut-tings costs that has not been easy. So we are trying very hard to improve the working conditions on our vessels, while ensuring that our busi-ness stays competitive.”

FLAG states scrambled to meet the criteria for low-risk ships (LRS) under the Paris Memorandum of Understanding’s (MoU) new inspection regime before it came into ef-fect on 1 January. For its vessels to be accepted as low risk, a flag state must be on the Paris MoU white list and also have satisfactorily com-pleted the International Maritime Organisation’s voluntary audit scheme. In early December, the Marshall Islands became the 12th flag to meet the criteria, but several major flag states had still not complied.

Under the new inspection regime all the MoU countries will have a shared commitment to inspect all ships visiting ports and anchorages in the Paris MoU region as a whole, instead of the previous national targets of 25 per cent of ships calling at their ports. Ves-sels regarded as low risk will be inspected much less often than standard and high-risk ships.

THE European Com-mission (EC) plans to spend an additional €3.863m over the four years 2012-2015 to push forward plans for the gradual transfor-mation of the Euro-pean Maritime Safety Agency (EMSA) into a European coastguard service.

A statement said that the EC was working on a feasi-bility study which had concluded so far that “synergies at EU level regarding certain coastguard operations could be reinforced through EMSA’s ac-tivities”. The statement also said that EMSA should take on a mari-time security role.

THE master of the ill-fated tanker Prestige might be able to take his human rights case to the UN following the October decision by the European Court of Hu-man Rights that a Span-ish court acted reason-ably in setting Captain Apostolos Mangouras’s bail at €3m.

The ship’s liability insurer, the London Club, voluntarily paid the bail, allowing Captain Mangouras to return to

his home in Greece. The International Transport Workers’ Federation and the European Transport Workers’ Federation say that, following their own legal analysis, the decision was “deeply flawed”.

They add that the judgment leaves it open to Captain Mangouras’s lawyers to explore the possibility of a complaint to the UN Human Rights Committee. “The commit-tee has dealt extensively with pre-trial detention issues under the Universal Declaration of Human Rights and the Interna-tional Covenant on Civil and Political Rights 1966. The latter, which Spain signed in 1976 and ratified in 1977, has a complaint procedure that would be open to the master.”

THE long-debated 18,000 teu containership could soon be a reality, with reports that Maersk Line is in talks with Korean ship-builders about ordering such massive ships.

Classification soci-ety Germanischer Lloyd’s executive board member Hermann Klein had previ-ously said he expected an 18,000 teu ship to be ordered within a year. Maersk is reportedly look-ing at a revolutionary de-sign to improve economy and cut emissions. The designed service speed of these ships, and the avail-able propulsive power, will be of considerable interest given the recent move to slow steaming and the development of the International Maritime Organisation’s Energy Ef-ficiency Design Index.

A NEW documentary is to cover the history of the Indian maritime industry and portray the way to-day’s Indian seafarers live. Award-winning director Prashant Kanathur will make the film together with a Chennai-based maritime initiative, Waves, and the Sailors Helpline of India. The film will cover poor treatment of seafarers by unscrupulous employers but will also highlight positive aspects and feature seafarers who have made a successful career in the Merchant Navy.

Scriptwriter V Manoj Joy of the Sailors Hel-pline told Fairplay it was the first time that a film produced in India would portray the lives of seafar-ers for the general public. “The people on board ships are virtually invis-ible to the world outside. Through this film I will endeavour to make them visible,” he said.

Page 4: The Sea, January/February 2011

IF YOU have spent any time around an airport, you probably don’t think of ships as particularly noisy.

But the noise of auxiliary engines, and the crashing and banging of cargo handling seem to be an endless source of complaints from the people who live on the other side of the wall from ports or terminals.

People, who sometimes seem to forget that they depend upon ships, object to the noise of their machinery as they enter and leave port and to the noise of sirens as they signal to tugs, or to each other in fog. Would they rather they bumped into each other? Indeed, such was the volume of complaints in one Californian port, where they get quite a lot of fog, that the authorities had to stop the lighthouses sounding fog signals. Instead, they came up with a clever system whereby if a mariner was a bit doubtful of his position when the fog came down, he could send a simple signal on his VHF and the fog signal would wake up from its enforced silence and give a reassuring blast (as the locals doubtlessly gritted their teeth).

Sound is rather subjective and a seafarer’s ears are an important part of his anatomy. I always used to marvel at

the way the engineers used to suddenly look at each other in the bar as their ears detected some strange noise emitted by the exhausts, and then they would vanish just a minute or so before the engine suddenly coughed to a stop. I can also remember leaping out of bed when home on leave to clamp the gyro compass because of my confused state on waking without hearing the comforting burble of the diesels, so it wasn’t just the engineers.

Being able to tolerate noise and vibration isn’t the same as enjoying it, and it is notable that the International Labour Organisation’s Maritime Labour Convention and the International Maritime Organisation both provide recommendations and limits for their prevention. But it is also suggested by suffering seafarers that a good deal more could be done in this direction because there is a lack of attention to habitability in crew accommodation

that is not seen where the accommodation of paying guests is concerned in passenger ships. Even oil rigs are said to offer a far better standard of noise and vibration prevention for their crews than the average ship, so it is clear that improvements are possible.

It does not help that naval architects like to position accommodation in a tower block perched abaft the stern frame, with an exhaust trunk running through the middle

of it, or alongside, or right forward to protect the cargo spaces, where there will be the noise of slamming and water crashing aboard in rough weather. At both extremities of the ship there will be violent accelerations to cope with. It was interesting to read that in the old Pride of Bilbao, which used to run across Biscay, the master and senior watchkeepers would shift to an empty passenger cabin amidships to get a decent night’s sleep in heavy head seas, rather

than suffer in their normal accommodation right forward.

Always supposing that the designers actually permit the crew to live somewhere sensible in a ship, there is a whole lot that can be done to make them quieter, for example by incorporating modern sound-absorbing materials in bulkheads, deckheads and decks. Given the will, and some appropriate expenditure, good insulation will make any accommodation and recreational spaces perfectly

tolerable and pleasant to live in. Machinery itself can be made far quieter through a whole range of strategies, from better exhaust muffling to the use of flexible mountings. It really just needs the will to build these features into a vessel’s specification. And examples from vessels built for passenger service, where the customers are paying for a good night’s sleep, and research ships which are built to offer a low acoustic signature, show that it can be done. You shouldn’t go to sea to be deafened.

But it is not just people complaining about the noise that ships make. Around the US coast there is a whole new body of regulations designed to protect whales and dolphins from the aggravation of passing ships. Seafarers might suggest that the behaviour of dolphins and porpoises indicates that they are delighted with ships they encounter, as they leap about in the bow waves and wake. But the whales have powerful lobbies in environmental and government circles and there are already speed restrictions in certain areas along the migratory paths they follow.

Ships have already been in trouble with the authorities and seafarers fined after speed limits off the US coast had been breached. It is probably a consequence of AIS rather than whales being equipped with speed cameras! There have also been hints that underwater noise confuses these great marine mammals and that something needs to be done about these pesky ships. The US Navy and US Coast Guard have been exhorted to turn off their sonars and echo sounders in the very waters where these navigational aids are most useful. Noise, as we have already suggested, can be a huge irritation. We all like a bit of peace and quiet.

PIRACY and hostage-tak-ing were very much in the headlines late last year when

two British citizens were freed after being held in Somalia for 13 months. They had been seized as they slept aboard their yacht off the Seychelles, 800 miles east of the African coast.

On their return home, a team of specialists, counsellors, family members and other concerned par-ties were reported to have been on hand to provide what must have been much-needed emotional and physical support as they came to terms with their experience.

In high-profile cases such as this, politicians often go on televi-sion and announce that hostages, when freed, will receive every sup-port necessary. But for hundreds of seafarers who are either hijacked, or fired upon while sailing through pirate-infested waters, such support is not often readily available.

Concern about this state of af-fairs prompted the Seamen’s Church Institute of New York and New Jersey (SCI) to take action.

“When developing policies con-

cerning major issues such as piracy, much of it is done without scientific study,” says Douglas Stevenson of the SCI’s Center for Seafarers’ Rights. “That’s why we are working with an internationally renowned trauma hospital, the Mount Sinai School of Medicine, to conduct a clinical study into seafarers’ trauma associated with piracy and to provide the shipping industry with guidelines for supporting seafarers who are affected by it.”

These guidelines, Post-Piracy Care for Seafarers, which have been put together by the SCI’s clinical researcher Dr Michael Garfinkle, are intended to provide a general framework for shipping companies, governments and welfare agencies to assist seafarers before, during and after a pirate attack.

Their recommendations cover: how to help prepare seafarers for the potentially traumatic experience of transiting zones of piracy, com-ing under attack or being taken hos-tage; how debriefing procedures can incorporate assessment methods to determine the need for interven-tion; and how follow-up care can be

designed and implemented. They also cover the importance of sup-porting and communicating with crew members’ families.

The guidelines were first sub-mitted as a draft for comment to an international group of advisors, among them representatives of the Uniformed Services University in Bethesda, the US Coast Guard, the World Health Organisation, as well as the mental health care communi-

ties in the Ukraine, the Philippines, and Australia. Duly revised, they were published at the beginning of last year.

Suggestions subsequently came from various members of

the maritime industry, including shipowners, P&I clubs, recruiters, unions and seafarers. These have been integrated into the current version which will continue to be updated.

“There had never been a study which looked into the effects of being hijacked or attacked, so what we wanted to do was to develop a scientific basis for guidelines which were shaped from seafarers’ personal experiences. Participation is completely voluntary and confidential, and we are seeking seafarers of all ranks and nationalities who are willing to be interviewed,” says Douglas. So far, around 50 seafarers have volunteered. They are interviewed in person, over the telephone or by an easy-to-use questionnaire.

The guidelines were welcomed when they were submitted to the International Maritime Organisation’s maritime safety committee last May by the International Christian Maritime Association (ICMA), of which the SCI is a member.

In December, the updated guidelines were reintroduced to the maritime safety committee. Again, they were welcomed by member states and industry groups. Several governments, including India, the Ukraine, the Russian Federation

and Argentina expressed their thanks to ICMA for the preliminary work carried out and said that they looked forward to hearing more about the study as it developed.

“We were incredibly pleased and gratified with the positive responses from delegates at the IMO,” says Douglas, who is also the chairman of ICMA. “We want these guidelines to be used as widely as possible by governments, shipping companies and other welfare agencies. We also want their feedback so that we can amend them in order to provide the best possible levels of care for seafarers and their families before, during and after a pirate attack.”

If you have experience of piracy, including coming under attack, hostage-taking or simply sailing through high-risk areas, the SCI would very much like to hear from you. If you are willing to participate in the study, please contact:Dr Michael Stuart Garfinkle [email protected] Tel: +1 212 349 9090 x240 Fax: +1 212 349 8342 Skype: drgarfinkle

4 the sea jan/feb 11

NEWS MICHAEL GREY

jan/feb 11 the sea 5

It is possible to make ships less noisy. Passenger vessels, where customers are paying for a good night’s sleep, show that it can be done, says Michael Grey

A bit of peace and quiet

ICSW awards well supported

Port welfare workers needed more than everThe Seamen’s Church Institute of New York and New Jersey has drawn up scientifically based guidelines to help ensure that seafarers get the treatment they need

Seafarer demand and supply in approximate balance

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SHIPS’enginerooms are inevitably noisy places but extremely high noise levels in living accommodation is unacceptable. (Photo: Shiptalk/Archie Coulter)

Treating the trauma of piracy attacks

NOISE is not just a problem for people: there are now US regulations to protect whales and dolphins from the sound of passing ships, although seafarers might say that the behaviour of dolphins indicates they are delighted with the vessels they encounter.

PAUL and Rachel Chandler, seen above with Somalia’s Prime Minister, Mohamed Abdullahi Mohamed, were recently released after being held hostage by Somali pirates for 13 months. They are reported to have seen a trauma specialist and been offered counselling. Seafarers who have been held hostage are often not so fortunate. (Photo: Reuters)

MANPOWER demand and sup-ply in the shipping industry is currently roughly balanced but there is a slight overall short-age of officers, according to the latest Bimco and International Shipping Federation (ISF) study of the worldwide supply and demand for seafarers.

But another study, by ac-countants Moore Stephens, sug-gests that seafarer shortages will be enough to push up wages. The firm expects vessel operating costs will have risen by 3.2 per cent in 2010 and will rise by 3.5 per cent in 2011, with crew costs rising most.

The Moore Stephens survey, based mainly on responses from shipowners and managers in Europe and Asia, found employ-ers expected crew costs to rise by 2.7 per cent in 2010 and by 3.0 per cent in 2011. “It’s all about crew,” said one owner. “With fewer experienced crew available for worldwide fleet expansion, labour costs will rise.” Another commented: “In order to keep the present pool of seafarers and improve performance, we will need to look at increases in wages and other benefits for sea-farers so that they are attracted

to work on board, rather than taking up lucrative jobs ashore.”

The Bimco/ISF study, which updates their 2005 survey, found that the worldwide supply of seafarers in 2010 was estimated to have been 624,000 officers and 747,000 ratings, while the current worldwide demand for seafarers is 637,000 officers and 747,000 ratings.

Douglas Lang of shipman-ager Anglo Eastern and chair-man of the project’s steering committee, said the results suggested a situation of ap-proximate balance between demand and supply for ratings, with a modest overall short-age of officers of about 2 per cent. “This does not, of course, mean that individual shipping companies are not experiencing serious recruitment problems, but simply that overall supply and demand are currently more or less in balance. This is perhaps not surprising given the sharp contraction in the demand for sea transport in 2009 combined with significant growth in total seafarer numbers.”

The Bimco/ISF report says shortages are more acute in specialised sectors such as tank-

ers and offshore support ves-sels. There is concern about the current and future availability of senior officers from certain countries. But while there is some evidence of continuing recruitment and retention prob-lems, these are not as severe as envisaged in 2005. More people are going to sea, not only from China, India and the Philip-pines, but also from developed countries.

“There are many uncertain-ties, but our results indicate that the industry will most probably face a tightening labour market, with recurrent shortages for officers, particularly as shipping markets recover,” said Mr Lang. “ Unless measures are taken to ensure a continued rapid growth in qualified seafarer numbers, especially for officers, and/or to reduce wastage from the industry, existing shortages are likely to intensify over the next decade. Supply appears likely to increase in many countries, but the positive trend that has been established for training and recruitment over the past few years must continue to be main-tained to ensure a suitable future pool of qualified seafarers.”

OVER 2,000 seafarers nomi-nated ports, shipping compa-nies, and seafarer centres for the International Committee on Seafarers’ Welfare’s (ICSW) first International Seafarers’ Welfare Awards which were presented by International Maritime Organisation (IMO) secretary general Efthimios Mitropoulos in December in London

Two nominees shared the port of the year award, Barcelona and Singapore.

Shipping company of the year was Bernhard Schulte Ship Management whose chief executive officer Andreas Drous-siotis said the company was extremely proud to be the first to be awarded the prize in rec-ognition of all its efforts towards the welfare of its seafarers.

THE award winners, including Ann Brogan (right) with IMO secretary general Efthimios Mitropoulos (centre)

The seafarers’ centre of the year award went to Rosenhill Seamen’s Centre in Gothenburg, Sweden, while Ann Brogan of the Sailors’ Society won the welfare

personality of the year award. Roger Harris of the ICSW

said the winners would serve as an inspiration to all those involved in seafarers’ welfare both on board and ashore.

A NEW report on port welfare workers says the most immedi-ate challenge is their ageing profile. It was commissioned by the ITF Seafarers Trust and the International Christian Mari-time Association (ICMA).

According to the report, seafarers are more confined to

their vessels and it has become very difficult for them to have access to shore-based facilities without the help of port welfare workers. Although the latter are willing to work as long as possible, and some beyond retirement age, their mature average age suggests that the

sector is facing challenges in recruitment and renewal. The report suggests that the “low status” of port welfare workers could be a concern. “This might not only affect potential new comers but also their relation with other agencies in the port.” The report also says that the fast turnaround of ships, reduced crew levels, the intense work-load when ships are in port, the location of new ports and terminal developments away from existing services, mixed nationality crews, and new port security regimes have placed increasing pressure on seafarers and welfare workers trying to provide port-based services and facilities for them.

Referring to maritime mis-sions it points out that they are voluntary organisations which depend on voluntary financial help and services and are under-funded almost everywhere.

Page 5: The Sea, January/February 2011

6 the sea jan/feb 11

JUSTICE MATTERS BY DOUGLAS STEVENSON

Embargo y retención de buques

Ship arrest and detentionMERCHANT ships are oc-casionally prohibited from sailing by port or flag state of-ficials. There are two kinds of official vessel restraint: arrest and detention. Seafarers need to understand the differences between, and the effects of, arrest and detention.

Detention. Detention is a way of enforcing laws by prohibiting a vessel from sailing. Detention is used by flag and port state authori-ties to assure compliance with health and safety laws such as ILO-147 and SOLAS. When conditions on a ship pose a substantial threat to the ship or persons on board, or to the marine en-vironment, officials can use

a detention order to prevent a ship from sailing until the deficiencies are corrected.

Detentions are also used by authorities to make a ship, and seafarers on it, available for a criminal or other serious incident investigation. For example, if a ship is used to smuggle drugs or is suspected of be-ing involved with a marine pollution incident, the ship can be detained. Sometimes a ship can be released from detention if the shipowner agrees to maintain and pay the crew left behind for the investigation.

Detained ships normally remain under the control and management of the

ship operator. The detain-ing authorities generally do not assume management of the ship. The ship’s crew, therefore, remain employed on the ship.

Arrest. Ship arrests are very different from detentions in that they are initiated by private parties to collect a debt. Under maritime law, the ship itself becomes responsible to pay for goods and services provided to it. The debts that a ship must pay are called maritime liens. Most maritime liens automatically attach to the ship without any requirement to file the lien with a court. Crew members’ wages, for

example, are maritime liens. If the ship operator fails to pay for goods and services provided to a ship, the creditor (lien holder) can go to court and ask the court to arrest the ship and sell it to pay off the debt.

When a ship is arrested, the court becomes respon-sible for maintaining the vessel until it is sold by auction or the case is settled. The court will designate a person, such as the marshal or substitute custodian, to maintain the vessel while it is under arrest. Although the ship’s crew members lose their jobs once the ship is arrested, the marshal or substitute custodian often

re-hires the crew to maintain the ship while it is arrested.

Most ship arrests are settled before the court auctions the ship. Courts also might release the ship when the owner provides security for any judgment that results from the lawsuit.

In cases where the shipowner is unable or unwilling to pay the debts against the ship, the court will then proceed to auction the arrested ship. The ship, together with all its property, other than property owned by someone other than the owner, will be included in the auction. Crew members’ personal property is not included in the arrest or auction.

When a ship is auctioned by the court, the proceeds of the sale are paid to the

court. If the auction doesn’t yield enough money to pay all of the liens, the court will distribute the auction proceeds according to priorities established by maritime law. The first priority is the cost of maintaining the vessel while it is under arrest, such as wharfage and caretaking expenses of the crew. The next highest priority is seafarers’ liens for wages and medical expenses. A judicial auction extinguishes all liens against the vessel. This means that the new owner will not be responsible for paying any debts, such as wage claims against the vessel. Therefore, when a vessel is arrested, seafarers’ wage claims should be filed with the court before it is auctioned.

A VECES, las autoridades portuarias o del país de abanderamiento prohíben a barcos mercantes que naveguen. Hay dos tipos de detención oficial de navíos: el embargo y la retención. Los marineros tienen que conocer las diferencias entre el embargo y la retención, y sus consecuencias.

Retención. La retención es una forma de ejecutar las leyes al prohibir a un barco que navegue. Las autoridades portuarias de los países de abanderamiento utilizan la retención para garantizar el cumplimiento de las normas de higiene y seguridad, como las del Convenio ILO-147 y del SOLAS. Cuando las condiciones en un barco suponen una amenaza considerable para el navío, para las personas a bordo o para el entorno marino, las autoridades pueden utilizar una orden de retención a fin de evitar que el barco navegue hasta que se solventen las deficiencias.

Las autoridades también pueden usar una retención para que se pueda investigar a un barco, y a los marineros a bordo, por algún delito penal u otro tipo de incidente grave. Por ejemplo, un barco se puede retener si se utiliza para traficar drogas o se sospecha que pueda estar implicado en un incidente de contaminación marina. A veces se puede liberar un buque retenido si el armador accede a mantener y pagar a la tripulación que deba permanecer en el lugar para la investigación.

Los barcos retenidos normalmente permanecen bajo el control y la gestión del operador del barco. Las autoridades que realizan la retención por lo general no asumen el control del barco. Por lo tanto, los miembros de la tripulación siguen siendo empleados del barco.

Embargo. Los embargos de buques son muy diferentes a las retenciones

ya que son iniciados de forma privada para cobrar una deuda. De acuerdo con el derecho marítimo, el barco en sí adquiere la responsabilidad del pago de los bienes y servicios que se le suministren. Las deudas que debe pagar un buque se denominan privilegios marítimos. La mayoría de los privilegios marítimos corresponden automáticamente al buque sin que sea necesario exigir su pago ante un tribunal. Los salarios de la tripulación, por ejemplo, son privilegios marítimos. Si el operador del barco no cumple con el pago de los bienes y servicios suministrados al buque, el acreedor (el embargante) puede acudir a un tribunal a fin de solicitar el embargo del buque y su venta para el pago de la deuda.

Cuando se procede al embargo preventivo de un buque, el tribunal asume la responsabilidad de su mantenimiento hasta que

se venda en una subasta o hasta la resolución de la demanda. El tribunal nombra a una persona, como el funcionario a cargo de los trámites del tribunal de derecho marítimo o el custodio suplente, para que se encargue del mantenimiento del buque durante el embargo. Aunque los miembros de la tripulación del buque pierden sus puestos de trabajo una vez que el buque es embargado, el funcionario del tribunal o el custodio suplente a menudo los vuelven a contratar para el mantenimiento del buque durante su embargo.

La mayoría de los embargos de buques se solucionan antes de que el tribunal los subaste. Los tribunales también pueden liberar el buque si el armador ofrece una garantía cualquiera que sea la sentencia de un juicio.

Si el armador no puede o no quiere pagar las

deudas del barco, el tribunal procederá a subastar el buque embargado. El buque y todas sus propiedades, excepto las que no sean del armador, se incluirán en la subasta. Las propiedades personales de los miembros de la tripulación no se incluyen en el embargo ni en la subasta.

Cuando un tribunal subasta un buque las ganancias de la venta se entregan al tribunal. Si la subasta no genera suficiente dinero para pagar todas las deudas, el tribunal reparte las ganancias según las prioridades establecidas por el derecho marítimo. La primera prioridad es el

coste de mantenimiento del buque durante su embargo, como el muellaje y los gastos de labores de cuidado de la tripulación. La siguiente prioridad es el pago de los salarios de los marineros y los gastos médicos. Con la subasta judicial prescriben todas las deudas del barco. Esto significa que el nuevo propietario no será responsable por el pago de ninguna deuda, como salarios, que se exija con respecto al buque. Por lo tanto, cuando se embarga un buque, las demandas de pago de salarios de los marineros se deben presentar en el tribunal antes de que se realice la subasta.

Арест и задержание судовКоммерческие суда время от времени получают запрет на выход в плавание от представителей государства порта или флага. Существует два вида запретов для судов: арест и задержание. Моряки должны понимать различия между ними и последствия, как ареста, так и задержания.

Задержание: Задержание — это способ применения закона путем наложения запрета на выход судна в плавание. Задержание используется органами власти государства флага или порта в целях достижения выполнения требований законов об охране труда и здоровья, таких как МОТ-147 (ILO-147) и СОЛАС (SOLAS). Если условия на корабле представляют существенную угрозу для самого корабля или людей, находящихся на его борту, представители власти могут использовать ордер на задержание, чтобы не допустить выхода судна в плавание до того, как исправлены все недостатки.

Задержания также используются органами власти в тех случаях, когда требуется предоставить доступ к судну или к членам его экипажа в случае проведения расследований преступления или какого-либо другого серьезного происшествия. Например, если судно было использовано в контрабанде наркотиков или подозревается в причастности к происшествию, повлекшему загрязнение моря. Иногда судно может быть освобождено от задержания, если владелец судна выразит согласие заботиться о членах экипажа, оставшихся на берегу для проведения расследования, и продолжать выплачивать им жалование.

Задержанные суда обычно остаются под контролем и управлением оператора

судна. Задерживающие органы власти, как правило, не берут на себя управление судном. Соответственно экипаж судна продолжают состоять на службе на этом судне.

Арест: Аресты судна очень отличаются от задержания, поскольку они инициируются частными лицами в целях взыскания долга. В соответствии с морским правом, ответственность за оплату предоставленных ему товаров и услуг лежит на самом судне. Долги, которые должно оплачивать судно называются морское требование. Большинство морских требований автоматически закрепляется за судном, без каких-либо требований регистрации права требования в суде. Жалованье моряков, например, является морским требованием. Если оператор судна не может оплатить товары или услуги, предоставленные судну, кредитор (обладатель залогового права) может обратиться в суд с просьбой арестовать судно и продать его для уплаты долга.

Если судно арестовано, суд принимает на себя ответственность за содержание судна до тех пор, пока оно не продано с аукциона или по делу не достигнута договоренность. Суд назначает человека, такого как судебный исполнитель или доверительный управляющий, для поддержания судна в рабочем состоянии во время нахождения его под арестом. Хотя члены экипажа судна теряют свою работу в случае ареста судна, судебный исполнитель или доверительный управляющий в большинстве случаев снова нанимает их на работу для заботы о судне, пока оно находится под арестом.

В большинстве случаев ареста судов договоренность об урегулировании достигается до того, как судно

выставляется на аукцион. Суды также могут освободить судно в том случае, если владелец предоставляет обеспечение для любого решения суда, которое может быть принято по судебному иску.

В случаях, когда владелец судна не способен или не желает выплачивать долги своего судна, суд переходит к проведению аукциона по продаже арестованного судна. Судно, вместе со всем имуществом, за исключением имущества, принадлежащего кому-либо, кроме владельца судна, выставляется на аукцион. На личное имущество членов экипажа арест не налагается и оно не выставляется на аукцион.

После продажи судна на аукционе все полученные средства выплачиваются суду. Если продажа с аукциона не принесла достаточную сумму для выплаты долгов, суд распределит вырученные деньги в соответствии с очередностью, установленной морским правом. В первую очередь это издержки по содержанию судна во время ареста, такие как, причальный сбор и затраты экипажа на обслуживание судна. Следующий важнейший приоритет — это право моряков на выплату жалованья и возмещение расходов на медицинское обслуживание. Судебный аукцион погашает все требования по отношению к судну. Это означает, что новый собственник не будет нести ответственности за оплату каких-либо долгов, таких как требования по зарплате в отношении судна. Таким образом, в случае ареста судна, требования по заработной плате моряков должны быть зарегистрированы в суде, прежде чем судно будет выставлено на аукцион.

Page 6: The Sea, January/February 2011

If you have any questions about your rights as a seafarer, or if you want more information or help, you can contact:Douglas B Stevenson, Center for Seafarers’ Rights, 241 Water Street, New York, NY 10032, USA. Tel: +1212 349 9090 Fax: +1212 349 8342 Email: [email protected] or

Canon Ken Peters, The Mission to Seafarers, St Michael Paternoster Royal, College Hill, London EC4R 2RL, UK. Tel: +44 20 7248 5202 Fax: +44 20 7248 4761

Email: [email protected]

jan/feb 11 the sea 7

FOCUS ON FAITH BY PETER ELLIS

A new beginning

Un nuevo comienzo

Новое начало

HAPPY New Year. How did you celebrate? Did you stay up to see the New Year in, or were you on watch? Perhaps you were lucky enough to be in port and to share the event with the community ashore or with other crews, although traditionally it would seem that seafarers like to celebrate with their fellow crew members on board, even if their vessel is in port.

Some of you might have been lucky enough to be at home with families and friends singing Auld Lang Syne, perhaps with some laughter, perhaps some tears. For others it may have been just another evening and not really worth the trouble of staying awake for the mid-night change-over, especially as many of you would have previously celebrated your own religions’ new year festi-val. Each of us has a different way of recognising a new

beginning because we are all at different stages on life’s journey. Some things are more important to us than they are to other people. We all have different priorities.

I am writing this article in Hong Kong where we are yet to celebrate the Lunar New Year, and the many thousands of you who are Chinese will know that it is the Year of the Rabbit, a time of reunion with families, a time when old bank notes are exchanged for new to place in red envelopes as gifts, and when everyone’s home gets a thorough cleaning.

New Year here truly means New Year. Every-thing is new and it re-minds me of a message to the Israelites recorded in the Book of the Prophet Isaiah that, after years of feeling abandoned by God, they will have a new name: they shall be called

“My delight is in her” instead of “Forsaken”.

In the Bible, a new name is given to signify a new beginning in somebody’s life. Abram became Abraham, Simon became Peter, and Saul became Paul. Obviously we don’t get new names each New Year, but now we are at the beginning of 2011 it might be a good time to look at the way we could change our lives. It may indeed be the right time to get rid of much of the emotional and spiritual baggage that holds us back from fully experienc-ing life.

Saying goodbye to the family when you are rejoin-ing your ship is not easy, but our day-to-day lives are a progression of hellos and goodbyes. In TS Eliot’s Little Gidding we read: “What we call the beginning is often the end” and “to make an end is to make a beginning”. And in one of the well-

known Beatles songs recently made available to download from the internet we hear the words: “Hello, hello! I don’t know why you say goodbye, I say hello”.

New Year could be the right time to say goodbye to old resentments or grudges. Perhaps you’re dealing with old grief, the aftermath of a divorce, or the loss of someone close who has passed away. And I am fairly sure you could come up with many other things in your life that are holding you back from experiencing life to the fullest. It is not easy to move on and it does not happen overnight, but praying about it can help a lot – offering up whatever it may be to God, trusting that he will take care of you and that it is okay to move on, to say hello to a new beginning. So may the light of hope, the light of peace, guide you on your voyages in 2011.

FELIZ Año Nuevo. ¿Cómo lo celebraste? ¿Esperaste despierto a que llegase el Año Nuevo, o estabas de guardia? Quizás hayas tenido la suerte de estar en tierra y compartir la ocasión con la comunidad del lugar o con otras tripulaciones, aunque por lo general parece que a los marineros les gusta celebrar a bordo con sus compañeros incluso cuando el barco está en puerto.

Puede que hasta hayas tenido la suerte de estar en casa con tus familiares y amigos entonando canciones tradicionales, tal vez riendo, tal vez llorando. Para otros tal vez haya sido solo una noche más en la cual no vale la pena quedarse despierto esperando el cambio de año, especialmente porque muchos de vosotros probablemente hayáis celebrado antes vuestro propio festival religioso del nuevo año. Todos tenemos diferentes formar de dar la bienvenida a un nuevo comienzo porque todos estamos en diferentes etapas de nuestras vidas. Algunas cosas son más importantes para unas personas que para otras. Todos tenemos diferentes prioridades.

Estoy escribiendo este artículo en Hong Kong, donde vamos a celebrar el Nuevo Año Lunar, y los chinos, de los cuales entre vosotros hay miles, saben que es el Año del Conejo, unos días de encuentro con las familias, unos días en los que los billetes viejos se cambian por nuevos y se guardan en sobres rojos para regalar, unos días en los que todas las casas se limpian a fondo.

El Año Nuevo aquí realmente significa Año Nuevo. Todo es nuevo y eso me recuerda el mensaje a los Israelitas en el Libro del Profeta Isaías que decía que, después de sentirse abandonados por Dios durante años tendrían un nuevo nombre: se llamarían “Mi Complacencia” en vez de “Abandonada”.

En la Biblia se otorga un nuevo nombre para marcar un nuevo comienzo en la vida de una persona. Abram se convirtió en Abraham, Simón en Pedro y Saúl en Pablo. Evidentemente, nosotros no recibimos un nombre nuevo cada Año Nuevo, pero ahora que estamos empezando el 2011 puede ser un buen momento para pensar en cómo podemos

cambiar nuestras vidas. Puede ser el momento adecuado para deshacernos del lastre emocional y espiritual que nos impide vivir a plenitud.

No es fácil despedirnos de nuestras familias cuando tenemos que embarcarnos de nuevo, pero nuestras vidas cotidianas son una sucesión de holas y adioses. En el poema Little Gidding de T.S. Eliot, leemos: “Lo que llamamos el principio es a menudo el fin” y “llegar al final es llegar al comienzo”. Y en una de las famosas canciones de los Beatles, que desde hace poco se pueden descargar de Internet, escuchamos esto: “¡Hola, hola! No sé por qué dices adiós, yo digo hola”.

El Año Nuevo puede ser el momento apropiado

para decir adiós a viejos resentimientos y resquemores. Tal vez estemos tratando de superar algo que nos causa tristeza, un divorcio, o la pérdida de alguien querido que ha fallecido. Y estoy seguro de que todos podemos pensar en muchas otras cosas que nos están impidiendo vivir la vida a plenitud. Algunas cosas son difíciles de superar y no es algo que se logre de la noche a la mañana, pero rezar nos puede ayudar mucho; compartir nuestra inquietud con Dios y confiar en que velará por nosotros, entender que está bien seguir adelante y decir hola a un nuevo comienzo. Que la luz de la esperanza, la luz de la paz, os guíe en vuestros viajes durante 2011.

Счастливого вам Нового года! Как вы его отпраздновали? Ожидали его прихода, не ложась спать, или несли рабочую вахту? Возможно, вам повезло быть в порту и разделить это событие с людьми, находящимися на берегу, или с экипажами других кораблей.

Некоторым из вас, возможно, повезло еще больше, и вы были дома со своей семьей и друзьями и пели новогодние песни, кто-то смеясь от радости, а кто-то со слезами на глазах. Для кого-то это мог быть просто один из многих вечеров, не стоивший того, чтобы оставаться без сна в ожидании полуночи. В особенности, если многие из вас уже отпраздновали свои собственные религиозные новогодние праздники.

У каждого из нас особое отношение к новым началам, поскольку все мы находимся на разных отрезках жизненного пути. Некоторые вещи могут значить для нас больше, чем значат они для других. У каждого из нас свои приоритеты.

Я пишу эту статью, находясь в Гонконге, где мы еще только будем праздновать лунный Новый год, и многие тысячи китайцев знают, что этот год — это год Кролика, это время восстановления семейных уз, время, когда старые банкноты необходимо заменить на новые и преподнести в качестве подарка, поместив их в красные конверты. Это также и время, когда необходимо провести большую уборку дома.

Новый год воистину

означает Новый год. Все вокруг новое, и это напоминает мне о пророчестве израильтянам, записанном в книге пророка Исайи, заключающееся в том, что после долгих лет, когда они чувствовали себя забытыми Богом, они обретут новое имя: земля их станет называться «мое благоволение к ней» вместо «оставленная».

В Библии новые имена даются для обозначения нового начала в чьей-либо жизни. Аврам стал Авраамом, Симон стал Петром и Савл стал Павлом. Разумеется, мы не меняем наши имена на новые каждый Новый год, но, находясь в самом начале 2011 года, возможно, нам стоит подумать о том, как мы можем изменить свою жизнь. Возможно, сейчас самое

время избавиться от большей части эмоционального и духовного груза, который удерживает нас от того, чтобы в полной мере наслаждаться даром жизни.

Прощаться со своей семьей каждый раз, возвращаясь на корабль, нелегко. Но вся наша повседневная жизнь — это череда приветствий и прощаний. В поэме Т. С. Элиота Little Gidding мы читаем: «То, что мы называем началом, часто становится концом» и «завершить — это начать». И в одной из известных песен группы «Битлз», которую теперь можно скачать с Интернета, мы слышим слова: «Привет, привет! Я не знаю, почему ты говоришь мне «прощай», я говорю «привет».».

Новый год может быть самым подходящим

временем для того, чтобы распрощаться со старыми неприязнями и обидами. Возможно, вы пытаетесь справиться с давней скорбью, последствиями развода или потерей близкого человека. Я совершенно уверен, что вы можете найти множество других вещей в вашей жизни, удерживающих вас от того, чтобы сполна ею наслаждаться. Это непросто — оставив все позади, продолжать двигаться дальше, и это не происходит мгновенно, но молитва может очень помочь. Понять, что это нормально, принося, что бы это ни было, в жертву Богу и, веря в то, что он позаботиться о тебе, — продолжать жить дальше и приветствовать новое начало. Да пребудет с вами в ваших странствиях в 2011 году свет надежды и свет мира.

Page 7: The Sea, January/February 2011

8 the sea jan/feb 11

Magic pipe award for seafarers

New iron ore fines warning

Checklist designed to help crews

Mooring dangers highlighted by UK P&I Club

Nuclear power study launched

Industry pays tribute to Gregorio Oca

Port delays from strikes ‘worst for many years’

Crew of Most Sky get pay and tickets home

Engineroom of detained ship worst that inspector had seen

New-look centre

EIGHT crew members of the detained and arrested Panamanian-

flag cargo ship Most Sky flew home from the UK in late November after being paid outstanding wages following the intervention of the International Transport Workers’ Federation (ITF). Their troubles were not over, however, as they were arrested on arrival at Istanbul airport. It took about a day for an ITF lawyer to secure their release.

The ship was held in Birk-enhead by the UK’s Mari-time and Coastguard Agency (MCA) after the alarm was raised by the pilot. He was concerned by the poor con-dition of the vessel and also because nobody on board could communicate in Eng-lish. According to the ITF, the owner, Er-Em Shipping and Trading of Istanbul, has a record of disputes over un-

paid wages and problems with safety inspections.

An MCA surveyor de-scribed the engineroom as the worst he had seen. Other problems included no fresh fruit and vegetables on board and no heating, with some

crew members having to use a security light and a kebab grill to warm up their cabins. Crew members pooled their limited resources to buy bread from a local shop.

ITF inspector Tommy Mol-loy represented the eight men. “Trying to convince the

owners that they had to fulfil a number of outstanding obli-gations before the arrest of the vessel could be lifted was not an easy process. But the mes-sage finally got through and the money and tickets home eventually turned up.”

An ITF spokesperson said that the men’s arrest in Tur-key “could have been a dirty trick played by a company aggrieved that its employees had received the wages they were owed”. He added: “If so, they may find that the at-tention it has drawn to their

own practices will do them more harm than good.”

The ship was believed to have been arrested also in re-lation to damaged cargo. As The Sea went to press a new crew was set to join the ves-sel. Mr Molloy doubted that they would be impressed with what they found.

“It is hard enough be-ing a seafarer at the best of times. You know you’re going to be away from your family for long periods of time, the hours are long and hard and the seas can be rough. But when your liv-ing conditions are akin to a squat, and you don’t receive any wages into the bargain, you’re going to wonder what you’ve been tricked into. Given this company’s record over a long period of time, I don’t think it will be long before this crew start to call for help.”

JUBILANT Most Sky crew members with their wages.

THE dangers of using un-trained or poorly supervised crew in mooring operations has been highlighted by new research undertaken by the UK P&I Club.

“It is often crew with in-sufficient training who are seriously hurt when things go wrong, particularly in bights or snap-back zones,” it said.

The club’s ship inspectors found that most equipment used in the mooring of the club’s insured ships was in good condition, while the procedures and practices in-volved in berthing and casting off were generally carried out satisfactorily. However, the liability insurer found that

some vessels did not have ap-propriate procedures in place or carry out adequate working operations.

The club expressed con-cern about insufficient skilled personnel being deployed to moor a vessel safely and ef-fectively. The most common number both forward and aft was four but ranged between two and seven. Also, in some cases crew were not properly trained or supervised; there was a lack of non-slip moor-ing decks; and mooring ropes were frequently stored on drum ends, which in turn were often covered in layers of paint instead of synthetic coating or resins.

The mooring arrangements on 14 per cent of vessels were found to be unsatisfactory, while seven per cent of Inter-national Safety Management code mooring procedures were deemed to be unacceptable. A significant portion had some way to go to improve mooring procedures to an appropriate standard.

Nearly a quarter of the ves-sels inspected kept moorings on the drum ends instead of making them fast. This is not good practice as ropes made fast on drum ends are more likely to jump and cause ex-pensive damage to the drum end bearings. Replacement ropes may be required.

UK Club loss prevention director Karl Lumbers said: “Taken overall, the inspectors were pleased with what they found but we cannot afford to be complacent. To reduce the risk of accidents, vessels and equipment must be main-tained to a high standard. All personnel should be adequate-ly trained with the correct per-sonal protective equipment. Correct procedures should be in place and the required work permits issued, with all moor-ing operations supervised by a competent person. Training in mooring operations should be incorporated into vessels’ regular schedules and include all personnel.”

TRIBUTES have been paid by the maritime commu-nity following the death in November of Gregorio Oca, chairman of the Philippine seafarers’ union Amosup (As-sociated Marine Officers’ and Seamen’s Union of the Philip-pines), at the age of 83.

International Transport Workers’ Federation general secretary David Cockroft said he was a tireless leader of Amosup and a lot of what that union had built and achieved could be laid at his door. “I had the pleasure of knowing and working with

him for nearly three decades and can unhesitatingly say that he was a warm and vi-brant personality as well as a great campaigner and leader. He will be hugely missed by all of us.

“Seafarer training, health and welfare were particularly close to his heart and if there is some comfort in this sad loss it’s that the work that he did in those areas – including the building of hospitals and training academies – will live on and serve as a monument to his career.”

Peter Hinchliffe, secre-

tary general of the Interna-tional Shipping Federation described his death as mark-ing the end of an era. “His principal legacy is that the many thousands of Filipino seafarers he represented now enjoy wage rates and working conditions commensurate with their status as interna-tional professionals.

“He was a formidable advocate for Filipino seafar-ers’ interests, whether in collective bargaining with shipowners or in negotiations at the International Labour Organisation. ”

pa s s enge r / ca rgo sh ip L l e D’Anjouan, some 120 miles south east of Dar es Salaam in an area known for pirate activity.

Eighty firefighters from Ma-laysia were nominated for effec-tive fire fighting and search and rescue response measures. They succeeded in putting out a fire on the oil tanker MT Formosa Product Brick following a collision with a bulk carrier.

Uruguay maritime police crew members Gustavo Castrillon and Juan Almada rescued three children aged 6, 7 and 11, and two adults, suffering hypothermia and panic, after their yacht capsized.

Continued from P1Bravery awards

THE Strike Club, which insures ship operators against strikes and other delays, says ports have been hit by a raft of strikes, particularly in Europe, which it describes as some of the worst for many years.

Explaining why premiums were going up 10 per cent, Bill Mil-ligan, chief executive of the club’s managers said the reasons were not hard to find. “The right to strike is an important one for workers in most of the civilised world, but increasingly this is impacting shipping operations as many European countries try to shore up or rebuild their ravaged finances by making draconian cuts in jobs, wages, pensions and welfare benefits.”

The recession, he said, was fomenting labour unrest of dimensions not seen for perhaps 50 years. General strikes, which were becoming more violent in nature, had already occurred, sometimes more than once, in Greece, Portu-gal, France and Ireland. He warned that there would undoubtedly be more trade union and public sector protests.

TURKISH shipowner Atlas Ship Manage-ment has been fined US$800,000 and ordered to make a US$100,000 community service payment to an environmental fund, for oil record book infringements.

The case was prompted by two whistleblowers among the crew who alleged engineers were bypass-ing the oily water sepa-rator and discharging contaminated water – a so-called “magic pipe” case. The two crew members have been awarded $125,000 each.

LLOYD’S Register (LR) and the UK P&I Club have produced a check-list to help stop ships being detained by port state control authorities. The checklist is designed to help crews and ship managers avoid the most common port state control non-compliances. The pocket book is based upon a comprehensive sample analysis of LR’s

classed fleet between 2007 and 2009. The most common deficiencies were International Ship Management (ISM) code-related detentions involv-ing the maintenance of a ship and its equipment.

Jim Barclay, manager of Lloyd’s Register’s port state control section, said that the objectives of an effective on-board safety management system were to ensure safety at sea, prevent injury and loss of life and avoid damage to the environ-ment and property, as required by the ISM code. “Yet port state control inspections increasingly identify ISM failures, often based on a combination of other deficiencies, which result in the costly detention of a ship. This guide will help a ship’s personnel to ensure that the requirements of the ISM and ISPS codes are addressed.”

IN the latest of several indications of interest by classification socie-ties in nuclear power, Lloyd’s Register has set up a research consor-tium in partnership with Greek-based Enterprises Shipping and Trading, UK-based BMT Nigel Gee and US-based Hyperion Power Generation, to examine the marine applications for small modular reactors.

The consortium plans to investigate the practi-cal maritime applications for small modular reactors as commercial tanker-owners search for new designs that could deliver safer, cleaner and com-mercially viable forms of propulsion for the global fleet. It believes nuclear power is technically feasi-ble and has the potential to drastically reduce the CO2 emissions caused by commercial shipping.

A NEWLY updated Indian Government M Notice highlights the dangers as-sociated with cargoes of iron ore fines emanating from the country’s ports.

It concerns the safe loading, stowage, car-riage and discharging of iron ore fines on ships from Indian ports in “fair and foul season”. Last year two ships, the Asian Forest and the Black Rose, were lost after loading iron ore fines. The notice includes a new require-ment that port authorities should provide assistance to prevent a casualty after the shipment of such a cargo and provide a safe and sheltered place to enable ships to take corrective measures.

THE Seamen’s Church Institute of New York and New Jersey has opened the doors of its newly renovated International Seafarers’ Center (right) in the heart of Port Newark, the largest port complex on the US east coast.

Taking the first few steps across the new threshold, a seafarer from the Marguerite Ace, a car carrier in port, described it as “beautiful”.

First opened in the 1960s, the centre required old engineering systems to be replaced and pub-lic spaces refurbished. It now contains a chapel, internet café, telephone banks, business services, conference rooms, offices, a recreation lounge, basketball courts, and a sports field.