Port state control in the UAE

Port state control in the UAE

PORT state control (PSC) is in the process of being implemented in the UAE. According to Law Update, published by Al Tamimi & Company, inspections are already under way, and reports of non-compliance are being submitted to interested parties. This unilateral step has been welcomed by the local maritime industry as a brave move by the UAE government, which will set a clear example to all other administrations within the area, which have been slow to even plan the implementation of PSC.

It is expected to take several months to complete the implementation process. But Capt Mohammed Alaa Farag, marine affairs consultant to the UAE ministry of communications, says it must be done properly to ensure that ships entering and leaving UAE waters are fully compliant with international standards of safety and environmental control.

The introduction of PSC should also help monitor maverick operators whose vessels are generally flagged with “less-than-reputable flags, often not classed or else affiliated to non-IACS organisations of dubious standards”.

North of England endorses BP Time 3

THE North of England P&I Association believes BP Shipping Ltd’s new time charter party, BP Time 3, strikes a good balance between the interests of charterers and shipowners, and that it could become a standard form for use throughout the international tanker industry. “BP Time 3 is a balanced, modern charter party which should be acceptable to owners and charterers alike and has much wider applications than BP charters,” says Mike Salthouse, head of the North of England’s Greek office and a member of the BP/BIMCO drafting committee.

A number of clauses that were previously standard in tanker charter parties have been varied or dropped altogether. For example, the cargo retention clause, much disliked by P&I clubs, has been removed. A clause obliging parties to discharge without presentation of an original bill of lading but against a letter of indemnity provided by the charterer has also been dropped.

Responsibility for the supply of unsuitable fuel now lies more clearly with the charterer as the contract requires bunkers to comply with the owner’s specification. The complex speed and performance clause of earlier forms has been simplified in line with the wording now typically found in dry cargo charters.

An option to arbitrate has also been introduced. Previously, BP charter parties required disputes to be heard before the English courts.

Judges urged to support seafarers

MARITIME judges, as well as regulators, legislators and lawyers, have been urged to be more supportive of seafarers if the ISM code is to succeed in making the world’s ships safer and its seas cleaner.

Phil Anderson, head of loss prevention at the North of England P&I club and vice-president of the Nautical Institute, told an audience of senior maritime judges and lawyers in London that December’s House of Lord’s decision in the Hill Harmony case could send out a misleading message and undermine the already fragile confidence which masters have in the law.

“The ISM code is unambiguous in placing the final decisions with regard to safety and pollution prevention firmly with the master,” said Anderson. “I fear, however, that many masters would consider such statements to be nice in theory but difficult to practice in the real world in which they have to operate.”

Anderson believes that many masters would interpret the Hill Harmony decision as putting them in ‘almost a no-win situation’ as it forces them to consider very carefully the commercial and legal implications of implementing their professional judgements on safety.

The Lords ruled that masters must obey time charterers’ weather routeing instructions unless they have a very good reason not to - although the Derbyshire inquiry in December was highly critical of weather routeing. Hill Harmony Anderson called on the legal profession to help create an environment where masters and seafarers can feel comfortable and confident that they can report safety problems without fear of being sued or sacked. “We need to find a way of moving from a culture of fear and blame to a culture of safety and continual improvement,” he said. Hill Harmony Anderson has also started a major study of the international shipping and related industries to establish to what extent the ISM code is working and to identify significant problems which may be impeding its successful implementation.