INTERTANKO Asian Seminar 25 October 2013 Dr Phillip Belcher Marine Director INTERTANKO

1. INTERTANKO Asian Seminar 25 October 2013 Dr Phillip Belcher Marine Director INTERTANKO

2. Structure of Talk Human Element Gulf of Guinea piracy Panama Canal Expansion Maritime Labour Convention

3. Human Element

4. Our Goal Zero fatalities Zero pollution Zero detentions Our committee set up ISTEC Vetting HEiSC

5. When things go wrong • Human error 80% all accidents • 100%? • So naturally we focus on people • New regulations

6. Why Rules are not followed • Lack of knowledge • Taking a short-cut • Lack of surveillance and enforcement • Lack of trust • Demonstrate professional skill • Rule could not cover everything

7. Seafarers ‘buy into the rule’ They need to understand why it is necessary, why they should follow it and why they should train others to follow it. And regulators must always be seen to be applying the same rules and enforcing them equally.

8. Importance of people Integral part of the system Rules cannot cover everything, so machines cannot do everything People can think

9. Designing for people • Design the human into the system • Not just ergonomics • Think how people will: • work with, • use and • maintain the system

10. E-Navigation • Integrating systems for the right reason • Not good enough to stick it in a box • When designing, consider Apple • High quality products that you want to use • Integrate the system around the person

11. Training Analysis of accident Identify the problems Feeding back operation practice Monitoring the implementation Monitor the accident and near miss rate Be willing to change again

12. Enclosed space entry Seafarers still losing their lives Formal training drillrequired in SOLAS Train out the short cutting idea Train out the natural desire to ‘run in’ Empower juniors to question seniors

13. Beyond mere compliance Seafarers have the training Experience Expertise Company back up Encouraged to question, to give feedback Show that they have a stake in their safety

14. Make the human element an asset Human element is your premier line of defence. Any Questions?

15. Gulf of Guinea

16. Gulf of Guinea Differences East to West Structure of piracy Regional activities Naval activities Industry activities Avoiding the problem Next steps

17. Somalian Piracy Effective combating Naval Forces Development ashore Armed guards BMP5 Spring 2014 Self protection measures Speed HRA definition

18. Differences East to West • Not a replication of ‘Business model’ • Somalia, ransom the people • Incentive to keep seafarers in one piece • GoG, Steal everything, occasional ransoms • No such incentive • Somalia, lack of effective government • GoG, numerous governments

19. Guards • Somalia, well established routine • Armed guards widely available • GoG, Only unarmed PMSCs • Armed guards only from coastal State • Somalia, international naval involvement • GoG, reliance on local navies

20. Nigeria Oil theft c250,000bbls a day MEND Effective civil war Endemic corruption Most pirates Nigerian based

21. Pirates Ship hijacked 130’ off coast Able to undertake multiple STS operations Sophisticated support structure Theft of personal effects Theft of cargo Kidnapping Use of extreme and shocking violence

22. Regional Activities HoG meeting in Spring 2013 Agreement to take action No agreement on reporting centre No tangible changes noted But.... Nigeria starting to take a more proactive stance

23. Naval activities NATO exploring the expansion of remit Regular training missions by French and UK navy Hampered by territorial waters

24. Industry activities Regular meetings with military Working with PMSCs Liaising with Governments and regional bodies Working with Flag States Updating of the interim guidelines Raising the profile of this issue

25. Avoiding the problem Tender NoR early Consider waiting 200’ off or use another coastal states’ waters Utilise the best self protection measures Work only with known contacts Keep flag informed of movements Consider additional hidden tracking devices Use security if needed

26. Next steps Revise interim guidelines Raise profile of issue Continue to work with regional partners Questions: Is the region able to deliver security? Do we need armed guards?

27. Panama Canal Expansion

29. New Pricing Larger locks c15m draft, 50m beam 3 part pricing structure Tonnage Cargo utilisation Variable factor Applies to both new and partly to old locks Aim to maximise use and variable on demand Probably a 10% increase, but....

30. Timeline 15 November industry consultation 24 February formal one month consultation 14 April new charges gazetted 1 October new charges implemented Summer 2015 locks open new charges in place

31. Proposed INTERTANKO position Recognise that extra payments already made Require a clear and simple payment structure Long lead time for any variability of tolls IMO Class II and III ships classed as tankers Small ships not to face a disproportionate increase Flexibility in mooring arrangements

32. Feedback Need members input Weekly news item of last week PCA presentation available on request End of month for feedback

33. Maritime Labour Convention

34. Maritime Labour Convention 20 August for first 30 States Various dates after that On ratification, Entry into force one year later PSC very active Paris MoU detained 8 ships in first month 12% of those inspected

35. Resolution XVII Requests … during a period of one year following the initial entry into … flag and port States give due consideration to allowing ships to continue to operate without the certificate and declaration referred to, provided that their inspectors have no evidence that the ships do not conform to the requirements of the Convention

36. Paris MoU “…during a period of one year after 20 August 2013. ILO invited the member States to take a pragmatic approach in this respect during the first year.” So 12% detention rate is pragmatic!

37. Deficiencies Mostly revolve around lack of documentation No evidence on board of crew contracts Absence of seaman’s books No reports of physical problems nor complaints

38. Flag State rule differences EMSA head of PSC stated that as long as the flag has gone through its processes, a PSC must accept their interpretations. Differences between flag and costal state must be accepted

39. Definition of Seafarer Area of great concern Panama exclude cadets Special personnel Riding squads Security guards

40. Definition of Shipowner Most flags pragmatic France, Germany less so Confusion surrounding shipmanager, owner, bareboat and timecharters ITF push for beneficial owner Is the owner the same as for ISM?

41. Financial support Abandonment Social security

42. Recruitment companies How far do the responsibilities go for the owners?

43. Complaints procedure Must have the process on board Seafarer can make complaint to shore PSC can use complaint as justification for detailed inspection

44. Next steps Special tri partite meeting Iron out some difficulties Could look at amendments/guidance Plan for INTERTANKO to be part of Ship Owner group Your opportunity to provide feedback

45. Feedback Break-out What are your problems? How have you solved them? What needs to be resolved in the convention? Anything else?

46. Thank you Phil Belcher phillip.belcher@intertanko.com