Shipowners and seafarers’ unions have joined forces to express concern at flag states’ failure to submit maritime casualty reports as required under international Conventions.

The International Chamber of Shipping (ICS), which represents 80% of the world merchant fleet, and the International Transport Workers’ Federation (ITF), which represents seafarers’ unions worldwide, have made a joint submission to the International Maritime Organization (IMO) commenting on the apparent failure of some flag states to submit maritime casualty reports to IMO. This is a requirement under several international maritime Conventions, including the Safety of Life at Sea Convention (SOLAS).

ICS and ITF hope that governments will give consideration to this important issue at the next meeting of the IMO Maritime Safety Committee in June.

In accordance with SOLAS regulation I/21, maritime administrations undertake to conduct investigations into any casualty occurring to ships under their flag, and to supply IMO with pertinent information concerning the findings of such investigations.

In accordance with other Guidelines adopted by IMO, this is meant to include incidents defined as being a “very serious marine casualty” involving the total loss of the ship, a death, or severe damage to the environment.

“The lack of investigation and accident reports hinders the development of appropriate measures by IMO to address the cause of serious incidents in which seafarers may have lost their lives.” said ITF Acting General Secretary, Stephen Cotton.

“It also frustrates efforts by ship operators to learn from the reports and to amend or develop new procedures, or implement other measures to prevent or mitigate similar future incidents.” said ICS Secretary General, Peter Hinchliffe.

ICS and ITF have therefore suggested that further consideration might be given by IMO to what constitutes “a very serious marine casualty” and the extent to which flag states should retain the latitude which they currently enjoy when determining whether the results of any investigation should be submitted to IMO.

As a first step, they have suggested that, in consultation with ICAO (the International Civil Aviation Organization), IMO might consider whether any lessons might be learnt from the approach taken towards the submission and dissemination of accident reports within the aviation industry.

The world’s national shipowners’ associations in nearly 50 countries – represented by the European Community Shipowners’ Associations (ECSA), the International Chamber of Shipping (ICS) and the Asian Shipowners’ Forum (ASF) – have united to condemn proposed amendments, to be voted on by the European Parliament this week (probably on 18 April), on a new EU Ship Recycling Regulation.

Shipowners especially object to the proposal by the EP Environment Committee to impose a tax on merchant ships of all flags calling at EU ports, in order to fund ship recycling facilities in the European Union.

“This is an unacceptable tax on trade and will cause grave offense to the EU’s trading partners, not just major ship recycling nations such as China and India, but to major shipping nations such as Japan and Singapore.  These proposals have simply not been thought through.” said ECSA Secretary General Alfons Guinier.  “As a matter of principle, it is wrong to impose a tax on one industrial sector in order to assist another, especially without proper consultation with the parties affected.  Shipping is a global industry operating under global rules.  The European Parliament should really not be contemplating measures which will work against the aim to improve recycling conditions globally, an aim which we fully support.”

The shipowners’ groups also believe that, if adopted, the EP amendments will fatally undermine the entry into force of the International Convention for Safe and Environmentally Sound Recycling of Ships (Hong Kong) which was adopted by the UN International Maritime Organization (IMO) in 2009 – with full industry support – to improve working and environmental conditions in the world’s ship recycling yards, most of which are located in Asia.

The IMO Convention has not yet entered into force, pending the development of detailed Guidelines on implementation that have only recently been finalised by IMO.  But the Convention has the full support of the global shipping industry, which has already produced its own recommendations so that shipowners can comply with the IMO requirements in advance of governments formally ratifying the Hong Kong Convention – see www.ics-shipping.org/recycling.htm

“If the proposed amendments are taken forward, it will be seriously damaging to the Hong Kong Convention.  The EP measures would therefore be completely counterproductive.” said ICS Secretary General, Peter Hinchliffe.  “It’s not just the tax.  Many of the other measures being proposed, such as sanctions against non-EU shipowners who don’t comply, and the creation of a unilateral list of recycling facilities that meet EU requirements, will almost certainly mean that Asian nations will be unable to ratify the IMO Convention.  This will undermine years of hard work by governments at IMO (including EU Member States) as well as by shipowners and ship recyclers to develop a binding global solution that will actually work.”

ASF Secretary General, Yuichi Sonoda, added, “It is important to understand that under the terms of the Hong Kong Convention’s entry into force criteria, it is  not possible for the Convention to enter into force unless it is ratified by the major ship recycling nations.   An opportunity to improve standards via the Hong Kong Convention will be lost for a generation by these astounding and incomprehensible proposals which are creating huge concern amongst industry and governments alike in Asia.”

If the proposals are taken forward by the European Parliament, the shipping industry will be working with EU Member States to ensure that the proposals are stopped before it is too late.  The international shipping industry is also working with governments in non-EU shipping nations, which can be expected to make strong representations in Brussels should the European Parliament vote the proposals through.

New Brochure highlights importance of FAL Convention, as IMO Facilitation Committee meets in London.

A copy of the new ICS, ISF and CMI Campaign Brochure is attached, and contains additional information about the international Conventions to which this PR refers.  It can also be downloaded at www.ics-shipping.org

The Comité Maritime International (CMI) – the international association for maritime lawyers – has joined forces with the International Chamber of Shipping (ICS) and the International Shipping Federation (ISF) – which represent the operators of over 80% of the world merchant fleet – to promote those key international maritime Conventions which they believe are vital for governments to ratify and implement as soon as possible.

As part of their joint campaign, ICS, ISF and CMI have today published a new brochure, which their respective member national associations will be distributing to governments worldwide in order to encourage more widespread ratification of a number of instruments adopted by the International Maritime Organization (IMO) and the International Labour Organization (ILO).

“Shipping is an inherently international industry dependent on a global regulatory system to operate efficiently.” explained ICS/ISF Secretary General, Peter Hinchliffe. “It is crucial that the same regulations governing matters such as safety, environmental protection and liability apply to all ships in international trade, and that the same laws apply to all parts of a ship’s voyage.  The alternative would be chaos.”

CMI President, Stuart Hetherington, added “I am delighted that CMI is co-operating with ICS and ISF members to assist those countries where there has been limited ratification of some of the more important maritime Conventions.  Our hope is that all of the instruments we have identified for promotion will eventually enjoy the same level of universal acceptance amongst governments as Conventions such as SOLAS and MARPOL.”

The launch of the brochure has been timed to coincide with a meeting of the IMO Facilitation Committee (8-12 April) given that the brochure now includes the IMO Convention on the Facilitation of International Maritime Traffic (FAL) as one of the key international instruments whose wider ratification the industry organisations wish to promote, especially amongst developing countries.  The FAL Convention makes life easier for ships and their crews by reducing reporting formalities when ships enter the ports of other nations.

However, the campaign is also seeking to encourage the ratification by governments of a number of other instruments dealing with international liabilities and insurance cover, which are of special interest to CMI, as well as to ICS.   These include: the 1996 Protocol to the International Convention on Limitation of Liability for Maritime Claims (LLMC), whose limits were increased by IMO last year; the 2002 Protocol to the Athens Convention on passenger liability (PAL); the 2010 Protocol to the HNS Convention; and the (UNCITRAL) Rotterdam Rules on cargo liability.

Following discussion between ICS and CMI, the brochure also includes the IMO Convention governing liabilities for wreck removal which was adopted in 2007.  The Nairobi Convention has now been ratified by six countries, only two of which have so far elected to apply it into their territorial sea.  In order to encourage international uniformity, this Convention is now being promoted actively by industry, although only on the basis that ratifications should always include governments opting to apply the Convention’s provisions into their territorial sea.

The new brochure also refers to the IMO Ballast Water Management Convention. However, while it is explained that ICS supports the eventual entry into force of the BWM Convention, it is not currently being actively promoted for additional ratification by governments, pending the resolution of important questions about implementation prior to its entry into force.

The other maritime instruments highlighted by the brochure include: MARPOL Annex VI, which governs atmospheric pollution and CO₂ emissions; the IMO (Hong Kong) Ship Recycling Convention, which is in danger of being undermined by a proposed EU regulation currently being debated by the European Parliament; the ILO Maritime Labour Convention, governing employment conditions for seafarers and which enters into force this August; and ILO Convention 185, which concerns access to shore leave and crew visas (which will also be a topic of discussion at the IMO Facilitation Committee, this week, as it considers changing references in the FAL Convention to the theoretical prohibition on Parties requiring crew to have visas).

End

Notes to Editors

• CMI is a non profit NGO whose membership consists of 53 National Maritime Law Associations, comprising some 11,000 individual members, established in Antwerp in 1897, the object of which is to contribute by all appropriate means and activities to the unification of maritime law in all its aspects. CMI’s membership works closely with ICS member national shipowners’ associations. CMI has Observer delegates at all meetings of the IMO Legal Committee and the IOPC Funds.
• ICS is the principal international trade association representing all sectors and trades of the shipping industry. Together with representatives of its member national shipowners’ associations, ICS participates actively at virtually every committee meeting of the IMO, and contributes significantly to the development of all IMO regulations which impact on international shipping.
• ISF is the principal international organisation for maritime employers.