The Institute of Marine Engineers (India) hosted a Technical Seminar on the Impact of Port State Control, which focused on maritime safety on April 27, 2024 at the IMEI House in Navi Mumbai. It presented a comprehensive introduction of Port State Control (PSC) inspections and their vital role in maintaining the safety and compliance of ships operating in international waters.

Port State Control inspections are an important method for ensuring that foreign ships conform with international regulations and standards. Port authorities undertake these inspections to ensure that a vessel’s condition, equipment, and operational methods meet specified safety and environmental standards. While the flag State is primarily responsible for maintaining ship standards, PSC inspections serve as an important safety net for identifying and correcting flaws in ship operations.

Mr Duncan Peart, Assistant Chief Surveyor, Eastern Hemisphere, ABS gave a thought-provoking lecture on the growing number of ships reported for infractions in recent years. He emphasised the significance of Safety Management Systems (SMS) on ships in fostering a culture of safety and compliance. Mr Peart emphasised the disturbing trend of declining ship maintenance standards, which has been compounded by the COVID-19 outbreak. He emphasised the importance of taking aggressive actions to address these concerns and guarantee that maritime activities remain secure.

In conclusion, Mr Peart said, “The ISM has been implemented since 1998, with SMS being implemented for over 25 years on ships, but in the last few years, ship maintenance has deteriorated, and is getting worse especially after the pandemic.” This remark emphasises the importance for industry stakeholders to prioritise maintenance practices and maintain high safety requirements.

Mr Dilip Mehrotra, Ex-Secretary of the IOMOU on Port State Control & Ex -Dy. CS, Ministry of Shipping, shared significant insights into the efficiency of PSC inspections as well as the problems that regulatory bodies encounter. He spotlighted the importance of regional agreements, such as Memorandums of Understanding (MoUs), in facilitating coordinated inspections and identifying substandard ships. Mr Mehrotra underscored the importance of implementing innovative technology, such as artificial intelligence (AI), to improve the efficiency and effectiveness of PSC inspections.

In his presentation, Mr Mehrotra said, “Utilising the latest AI technology, ship owners and companies can now be notified about all the deficiencies in the ships prior to inspection, so they know if their ships will be targeted and detained before it happens.” This recognition emphasises the potential of AI technology to transform maritime safety standards and streamline compliance processes.

The seminar ended with a plea for collaboration among industry players, regulatory authorities, and technology providers to meet the expanding issues of marine safety. By adopting new solutions and cultivating a culture of transparency and accountability, the maritime industry can negotiate complex operational landscapes while assuring the safety and security of both seafarers and vessels.

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General Average is a centuries-old maritime principle rooted in the concept of shared sacrifice. When a ship faces a perilous situation, such as jettisoning cargo to prevent sinking, the costs incurred for the common good are shared proportionately among the parties involved – shipowners, cargo owners, and sometimes the insurers. This equitable distribution of loss ensures that the sacrifice made to safeguard the voyage is borne collectively.

Salvage, on the other hand, involves the efforts made by salvors to rescue a ship, its cargo, or both, from a perilous situation. Salvors, often independent entities, risk life and resources to prevent or mitigate potential damages. In return for their endeavors, salvors are entitled to a reward based on the value of the salvaged property. Salvage operations can range from simple towing to complex environmental cleanup, highlighting the diverse challenges faced by salvors in the maritime realm.

The synergy between General Average and Salvage becomes apparent in scenarios where a ship faces imminent danger, and salvage services are engaged to avert disaster. Salvage operations, although aimed at preserving the vessel and cargo, may involve actions that trigger a General Average event. For example, jettisoning cargo to refloat a grounded ship during a salvage operation may lead to a General Average declaration.

Navigating the intricacies of General Average and Salvage requires a sound understanding of international maritime law. Conventions such as the York-Antwerp Rules govern General Average, providing a standardized framework for determining the expenses to be shared. Meanwhile, the International Convention on Salvage outlines the rights and obligations of salvors and establishes the criteria for awarding salvage remuneration.

Despite the symbiotic relationship between General Average and Salvage, challenges abound. Determining the extent of sacrifice that qualifies for General Average can be contentious, and salvors may find themselves entangled in disputes over the scope of their services. Coordination among stakeholders, including shipowners, cargo owners, insurers, and salvors, is crucial to harmonizing the application of both principles.

The interplay between General Average and Salvage underscores the dynamic nature of the maritime industry, where collaboration and shared responsibility are paramount. As vessels continue to traverse the high seas, the synergy between these two principles remains essential for ensuring the safety of maritime operations. A nuanced understanding of General Average and Salvage is indispensable for all stakeholders, fostering a resilient and cooperative approach to navigating the challenges of the shipping industry

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The Author – Advocate Aishwarye Dubey
Maritime Lawyer & Consultant
+91 91401 74606
a.dubey.maritimelaw@gmail.com
MUMBAI (INDIA)

Launched simultaneously, they boast cutting-edge features and technologies, in alignment with global maritime standards. Designed to the highest standards of safety, reliability, and performance, Sonalika and Sarovar will be deployed in Indian offshore oil fields.

Mr Saikat Roychowdhury, Operation in-Charge – East Coast of Indian Sub-Continent at IRS, stated: “Tugs play a critical role in the maritime ecosystem and IRS continues to work with all Indian shipyards big and small. These vessels are the result of collaborative and diligent efforts, and we look forward to their continued success.”

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Considering the current situation amidst turmoil in the Iran and Israel region, the Director General of Shipping has issued an urgent advisory for Indian recruiting agencies or companies and Indian seafarers.

The advisory is in continuation of the Ministry of External Affairs’ caution regarding the current situation in this area.

The DGS has urged all Indian registered Recruitment and Placement of Seafarers (RPS) Agencies and shipping companies to exercise utmost caution and refrain from facilitating the engagement or deployment of Indian national seafarers to Iran or Israel until further notice from the External Affairs Ministry.

The advisory has been issued considering the security risks and potential hazards associated with operating in the vicinity of Iran and Israel, as highlighted in the DGS circular. It is imperative that the safety and well-being of Indian seafarers remain a top priority.

DGS strongly advised the RPSL companies and the shipping companies to direct Indian seafarers currently employed or engaged on board vessels sailing in the vicinity of Iran or Israel to promptly contact the nearest Indian Embassy and complete the formal registration process without delay. This is crucial to ensure that adequate support and assistance can be provided to them in case of any emergency or unforeseen circumstances.

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On April 24 the Institute of Marine Engineers (India) (IMEI) conducted a technical webinar focusing on the pressing issues of sea piracy and terrorism and the technological solutions for ensuring maritime security and safe shipping lanes. The webinar aimed to address these concerns by exploring the utilization of technology, including artificial intelligence, modeling, and simulation, to enhance the resilience of maritime operations.

It brought together distinguished experts from various fields to share insights and strategies for mitigating the risks associated with piracy and terrorism in maritime environments.

Cdr Dr Bhaskar Bhatnagar, Vice President IMEI welcomed the participants and provided an overview of the webinar’s theme. He emphasized the importance of leveraging technology to ensure the safety and security of mariners and maritime operations.

Mr Amit Bhatnagar, Vice President and Head of IRCLASS Academy delved into the historical context of piracy and terrorism in maritime history. He highlighted significant events such as the hijacking of the Achille Lauro ship and the subsequent development of international conventions and codes, including the Convention for Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention) and the International Ship and Port Facility Security (ISPS) Code.

Mr David Birwadkar, Head of The Great Eastern Institute of Maritime Studies continued the discussion by examining the evolving nature of piracy and terrorism and their economic consequences. He emphasized the need for updated guidelines and regulations to address modern security threats effectively. Mr Birwadkar also highlighted recent incidents, such as the hijacking of commercial ships by the Houthi rebels in the Red Sea, underscoring the urgency of the issue.

Capt Anish Joseph, Deputy Nautical Adviser cum Senior Deputy Director General at the Directorate General of Shipping, provided insights into the Indian government’s efforts to address maritime security challenges. He outlined the government’s Anti-Piracy Contingency Plan and its initiatives to combat piracy and terrorism in collaboration with international partners.

During the webinar, Mr Birwadkar remarked, “We are all in a fix at the moment, as ship owners, ship operators, and ship staff are too afraid to transit through those regions. But we do it for the larger picture as shipping is required.”

The webinar concluded with a call for greater collaboration between industry stakeholders, governments, and international organizations to develop comprehensive strategies for safeguarding maritime operations against piracy and terrorism threats.

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4 crew members including ‘Pilot’ and ‘First Mate’ missing

A Chinese general cargo ship sank after hitting Jiujian Bridge en’route Fuzhou and Heshan. Officials report a massive search is underway for four of its crew that went missing while seven of the 11 crew aboard the vessel were rescued overnight.
According to reports, the Chinese flagged Xin Rong Hai 1 transporting 4,900 tonnes of rolled steel collided with a bridge in Fuzhou province on the evening of April 22 and sank after trying to reach the nearby beach, leaving four of its crew, a pilot, the first mate, a chef and a rating still missing.
The vessel hit one of the pillars of the bridge at around 21:20 local time and the cargo hold reportedly started to flood. The vessel grounded but around 23:40 is reported to have sunk into the river which is one of the main tributaries of the Pearl River. The crewmembers were reported to have fallen into the swollen river.
The Jiujian Bridge which was struck is well-known as it is 1,682 meters in length (more than 1 mile) and was the first large prestressed concrete cable-stayed bridge in the Asia-Pacific region since1988. An inspection showed abrasions along the pillar and Chinese officials implemented traffic control restrictions on the river. The bridge is undergoing further safety checks.
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DGS certification of accommodation barges does not apply to vessels which are not Indian ships registered under the Merchant Shipping Act, of 1858

In a recent case hearing of Hind Offshore Pvt Ltd vs The Union of India & Others, a division bench of Justice GS Kulkarni and Justice Firdosh P Pooniwalla temporarily stayed orders of the Directorate General of Shipping to detain three of the petitioner’s non-self-propelled accommodation barges registered under the Coastal Vessels Act of 1838.

Senior Counsel Virendra Tulzapurkar, along with others, appeared for the petitioner, while Counsel YR Mishra appeared for the respondents.

The Bombay High Court held that the order passed by the Director General of Shipping in 2022 for the certification of accommodation barges is inapplicable to vessels which are not Indian Ships registered under the Merchant Shipping Act of 1858.

In that context, the Bench of Justice GS Kulkarni and Justice Firdosh P Pooniwalla observed: “We are of the prima facie opinion that ex facie the provisions of 1958 Act are not applicable to the petitioner’s vessels which are subject matter of the impugned detention orders.

“This, considering the clear provisions of the Merchant Shipping Act, 1958 which we have referred hereinabove, and more particularly on a cumulative reading of Section 2 read with provision of Section 3 (18) and 3 (45), which defines “Indian ship” and “ship” respectively, as also the provisions of Section 405 and 406 as sought to be applied under Clause 30 of the impugned order.

“The reason being that it is not in dispute that the vessels / barges of the petitioner are of the category which are fitted with mechanical means of propulsion as Section 405 would ordain. It appears that even the rule making power as conferred by Section 288 of the 1958 Act applies to the rules to be made prescribing life saving appliances to be carried by every “Indian ship” going to the sea from any port or place in India. Thus, necessarily no rules can be framed under Section 288 in regard to a ship or vessel which is not of the category of an Indian ship as defined under Section 3 (18) of the 1958 Act.”

The petitioner, Hind Offshore Pvt. Ltd., challenged detention orders issued on May 8, 2023, May 22, 2023, and June 3, 2023, citing non-compliance with a general order issued by the Director General of Shipping, Mumbai (DGS) on October 20, 2022. This order imposed additional conditions for certification of offshore vessels in the Indian Exclusive Economic Zone, including the installation of lifeboats.

Hind Offshore Pvt. Ltd. argued that the October 20, 2022, order issued under the Merchant Shipping Act, 1958, did not apply to vessels registered under the Coastal Vessels Act, 1838.

Their non-self-propelled barges used as accommodation barges were registered under the Coastal Vessels Act of 1838, making the provisions of the 1958 Act inapplicable. It was argued that their vessels did not qualify as “Indian ships” under the 1958 Act as they were not registered at any Indian port when the Act commenced.

The Union of India defended the impugned order as necessary for public safety, especially in emergencies like cyclones, and claimed that the petitioner had assured compliance, justifying the detention of vessels for non-compliance.

It was held that the respondent had no jurisdiction to detain the petitioner’s vessel under the impugned order, as the order had its origin under the 1958 Act and would therefore be applicable only to vessels covered under the Act.

The Court passed an interim order and directed the respondents to release the petitioner’s vessels, which would be permitted to be used for the contract and as law would permit.

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The 18^th edition of the Singapore Maritime Week (SMW), organized by the Maritime and Port Authority of Singapore (MPA), successfully concluded last week. Held during 15 to 19 April 2024, at the Suntec Singapore Convention and Exhibition Centre, the SMW witnessed more than 50 events across the maritime sector.

MPA discussed several issues related to developments on low-emission maritime energy transition technologies, maritime artificial intelligence, cybersecurity, and manpower, over the five-day event.

Themed ‘Actions meet Ambition’; SMW 2024 was organized around four pillars, viz – decarbonisation, digitalisation, services, and talent development. Over 10,000 maritime professionals from 80 countries, including delegates from governments, port authorities, international organisations, as well as industry experts and thought leaders, attended this edition of SMW’24. 

SMW 2024 was launched by Mr Chee Hong Tat, Singapore’s Minister for Transport and Second Minister for Finance. Speaking at the Opening Ceremony, Mr Chee highlighted that Maritime Singapore has continued to grow year-on-year – a mark of the industry’s vote of confidence in Singapore, and the strong tripartite relationship between business, workers, and the government. 

Looking forward, Mr Chee said, “Singapore aims to be a global hub for innovation, reliable and resilient maritime operations, and maritime talent, to better serve the current and future needs of our stakeholders and allow Singapore to contribute to global development and sustainability goals effectively.”

A maritime dialogue was held on the topic of Supply Chain Resilience, Digitalisation and   Decarbonisation. The panel, comprising Dr Volker Wissing, Federal Minister for Digital Affairs and Transport, Germany, Mr Even Tronstad Sagebakken, Deputy Minister, Ministry of Trade, Industry and Fisheries, Norway, and Mr Francis Zachariae, Secretary-General, International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA) was moderated by Professor Simon Tay, Chairman, Singapore Institute of International Affairs. 

In addition, the inaugural Expo@SMW trade exhibition showcased maritime solutions by over 50 companies and startups.

IMO and ISO made their presence felt 

Apart from maritime professionals, participants of SMW 2024 included Mr Arsenio Dominguez, Secretary- General of the International Maritime Organization (IMO); and Mr Sergio Mujica, Secretary-General of the International Organization for Standardization (ISO).

Speaking at his first maritime event in Singapore since his appointment as the Secretary-General of the IMO in January 2024, Mr Dominguez delivered a keynote speech at the Singapore Maritime Lecture that was moderated by Ambassador Mary Seet-Cheng, Singapore’s Non-Resident High Commissioner to the Republic of Fiji and Non-Resident Ambassador to the Pacific Islands Forum.

Mr. Dominguez said: “IMO is on track to adopt mid-term measures by late 2025 to cut GHG emissions, to reach net zero targets. Alongside this regulatory work, there is a need to consider issues such as safety, pricing, infrastructural availability to deliver new fuels, lifecycle emissions, supply chain constraints, barriers to adoption and more.”

He added, “Seafarers will require training to be able to operate new technologies as well as zero or near-zero emission powered vessels safely.”

Highlighting the significance of skill development Dominguez said, “We need ‘early movers’ in the industry as well as forward-looking policy makers to take the necessary risks and secure the right investments that will stimulate long-term solutions for the sector. In this regard, we welcome the efforts being undertaken by Singapore to facilitate collaboration among maritime stakeholders, including the MPA-led Maritime Energy Training Facility.”

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