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Maritime Labour Convention 2006 Executive Round Table Business Forum - What Does The MLC 2006 Mean For Global Insurers?

 

The Maritime Labour Convention 2006 was adopted at a Maritime session of the International Labour Conference in 2006 and came into force on 20 August 2013. To date, 56 ILO Member States have ratified the Convention, representing more than 80 percent of the world’s gross tonnage of ships.

 

There are more than 1.5 million seafarers in the world. A majority of these seafarers now have a right to be protected through national laws and practices applying the MLC, 2006 to the ships on which they work. Title 4 of the MLC covers Health Protection, Medical Care, Welfare and Social Security Protection. From August 20th 2013 all vessels over a certain size have to comply with a new labour convention known as the Maritime Labour Convention (MLC) 2006.

We hope you enjoy this important round table discussion. 

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Shipping Losses Decline, Emerging Risks Pose Serious Challenges To Marine Industry And Insurers

  • 94 large ships lost worldwide in 2013, down 20% from last year, with foundering most common cause.
  • Piracy focus shifts away from Somalia to new hotspots: Indonesia and West Africa.
  • Indonesia attacks up 700% in five years. Evolving piracy tactics present new challenges.
  • Mega ships, Arctic shipping and alternative fuels create new industry risks.

Shipping losses continued their downward trend with 94 losses reported worldwide in 2013, coming in below 100 for only the second time in 12 years.

Losses declined by 20 percent from 2012 when there were 117 reported losses. The 2013 accident year also represents a significant improvement on the previous 10-year loss average with total worldwide shipping losses declining 45 percent since 2003.

“More than 90 percent of global trade is carried by sea so the safety of international shipping vessels and routes is critical to the health of the global economy,” said Tim Donney, Global Head of Marine Risk Consulting. “While the long-term downward trend in shipping losses is encouraging, there is more work to be done to improve the overall safety of these vessels as well as their cargo, crew and passengers, especially in Asian waters. As an insurer we are always concerned about recognized issues such as training and safety management, - human error is not something we can ignore and lack of skilled workforce is still an issue - but we also need to be alert for new risks as the industry continues to develop.”

Asia saw highest number of marine losses and continues to be an area of focus According to the report, more than a third of 2013’s total losses were concentrated in two maritime regions. As in 2012, the South China, Indo China, Indonesia and the Philippines region saw the highest number of losses (18 ships), closely followed by the seas around Japan, Korea and North China (17 ships).

More than two years after the Costa Concordia disaster, improving passenger ship safety continues to be a priority, with 2014 likely to see the 100th loss of a passenger vessel since 2002. Asia remains a hotspot for passenger shipping losses, especially for smaller passenger vessels and ferries as demonstrated by the sinking of the ferry St. Thomas of Aquinas as a result of a collision with another vessel off Cebu in the Philippines in August 2013, with the loss of at least 116 lives.

“We have to ask how some Asian ship operators measure safety and quality, particularly when speaking about domestic trade shipping in South East Asia,” said Captain Jarek Klimczak, Senior Marine Risk Consultant at AGCS. “The understanding of quality and standards can sometimes appear 50 years behind Europe – maybe even more.”

Around the world, more than a third of the vessels lost were cargo ships with fishery and bulk carriers the only other type of vessels to record double-digit losses. The total loss of two bulk carriers in Asian waters in 2013, Harita Bauxite and Trans Summer, highlighted the importance of proper cargo handling and stowage of bulk cargoes. AGCS experts believe high moisture content and subsequent liquidization, leading to free flowing instabilization of the cargo to be the primary cause of the accidents. The most common cause of losses in the past year was foundering (sinking or submerging), often driven by heavy weather, accounting for almost 75 percent of all losses, which was a significant increase from both 2012 (47 percent) and the previous 10-year average (44 percent).

For the first time the report includes not only total losses but also the total number of shipping casualties by region. The East Mediterranean and Black Sea region is shown to be a casualty hotspot, responsible for 464 casualties (18%) out of a worldwide total of 2,596 during 2013, including the year’s oldest ship to be a total loss:

the 108 year old Hantallar which grounded off Tekirdag, Turkey. This region combines busy shipping routes and a reputation for weaker safety management practices with a regional fleet that has a higher proportion of lower quality older vessels. The report also shows that over the past decade the British Isles have been the location of the most casualties, while January is the worst month for all casualties (including total losses) in the Northern Hemisphere.

In the Southern Hemisphere it is July. Piracy attacks still a concern – different models pose new challenges In 2013, piracy attacks declined 11 percent to 264 reported incidents worldwide according to International Maritime Bureau statistics - 106 of these occurred in Indonesia, which has seen a 700 percent increase in attacks since 2009.

Most of these attacks remain low level opportunistic thefts carried out by small bands of individuals but one third of incidents in these waters were reported in the last quarter of 2013, and there is potential for such attacks to escalate into a more organized piracy model unless they are controlled.

An emerging piracy hotspot with more organized crime is the Gulf of Guinea with 48 incidents in 2013, accounting for 18 percent of all attacks worldwide. Piracy attacks in Somalia have declined dramatically with only seven incidents in 2013 compared with 160 attacks in 2011. The report suggests the piracy model could be broken in Somalia in a couple of years if naval patrols continue.

Emerging Risks

An increasingly difficult operating climate for ship operators has forced a number of innovations, including larger ship sizes to capitalize on economies of scale, the use of alternative fuels and changes in ship designs. At the same time, more economical trading routes are fast appearing in Arctic regions during the summer months, but these present their own set of challenges.

Emerging risks identified include:

Vessel size: Last year marked the arrival of the largest container vessel on record, over 400 meters long and boasting capacity in excess of 18,000 teu. This trend is set to continue. AGCS estimates capacity grows by around 30 per cent every four to five years, meaning the arrival of 24,000 teu carriers can be anticipated around 2018.

“The claims arising out of maritime emergencies of these ‘mega ships’ can be huge. For example, just think of the business interruption of ports and terminals if an accident was to block the entrance,” said Dr. Sven Gerhard, Global Product Leader, Hull & Marine Liabilities, AGCS. “In addition, salvage might require unprecedented efforts and complex operations – in some cases it may take many months, or possibly a year or longer, to remove all the containers, particularly if the accident were to happen in a remote location. The large loss potential has increased for events which are not extraordinary on these big ships. And these are unchartered waters for salvors.”

Rise of LNG[1]-fueled vessels: Use of liquefied natural gas to power ships is expected to dramatically increase by 2020. There are safety concerns however, as the industry will see the rise of ports that have never previously handled LNG providing bunkering stations on dock.

“We need to ask what risks LNG-fueled ships will present to the industry. The concern is storing the LNG as fuel and handling it onboard. LNG expertise is not easily available – there needs to be a change in mindset and training,” said Capt. Rahul Khanna, Senior Risk Consultant, Marine, AGCS. Arctic trading routes: Shipping casualties in Arctic Circle waters have increased to an average of 45 per year during 2009-2013 from only 7 during 2002-2007. Damage to machinery caused a third of these incidents, higher than the average elsewhere, reflecting the harsher operating environment.

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ONLY 1 Position Remains On Maritime Labour Convention 2006 Round Table Business Forum

The Maritime Labour Convention (MLC) is an International Labour Organization convention established in 2006 as the Fourth pillar of international maritime law and embodies "all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour Conventions".

Title 4 of the MLC covers Health Protection, Medical Care, Welfare and Social Security Protection.

Medical care on board ship and ashore: Seafarers should be covered for and have access to medical care while on board; in principle at no cost and of a quality comparable to the standards of health care on shore. Countries through which territory a ship is passing should guarantee treatment on shore in serious cases.

Shipowners' liability: Seafarers should be protected from the financial effects of "sickness, injury or death occurring in connection with their employment". This includes at least 16 weeks of payment of wages after start of sickness.

Health and safety protection and accident prevention: A safe and hygienic environment should be provided to seafarers both during working and resting hours and measures should be taken to take reasonable safety measures.

Access to shore-based welfare facilities: Port states should provide "welfare, cultural, recreational and information facilities and services" and to provide easy access to these services. The access to these facilities should be open to all seafarers irrespective of race, sex, religion or political opinion.

Take Your Seat At The Round Table - APPLY HERE.

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Crew Rescued From Sinking Cargo Vessel

Falmouth Coastguard has been assisting a cargo vessel which had six people on board and began sinking 12 miles east of the Lizard this morning.

Lizard and Falmouth RNLI Lifeboats and a rescue helicopter from RNAS Culdrose attempted to pump water out of vessel, the 'Sea Breeze', with their own pumps. Other merchant vessels, who heard the mayday relay broadcast from Falmouth Coastguard, also stood by in case they were required.

The Sea Breeze is an 87-metre Barbados flagged cargo vessel with six crew onboard. It is carrying 2,750 tons of limestone and was bound for Shoreham at the time of the incident.

Alex Greig, Falmouth Coastguard Watch Manager says, "We received the mayday broadcast from the 'Sea Breeze' at 7.00 am and were able to get lifeboats and the helicopter on scene quickly, along with other vessels that were in the vicinity. The lifeboats and helicopter pumped water off the cargo vessel, whilst HMS Tyne was on its way with commercial pumps. However, unfortunately, the smaller pumps could not keep up with the ingress of water and the crew had to abandon ship at 8.40 am. Five of the crew are now safely ashore. A couple of them have minor injuries. The captain has remained on scene on board HMS Tyne to help with the salvage operation."

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