International Maritime Law

1. Derived from customary law/treaty 2. Treaties-binding only on contracting State 3. Treaty making bodies 4. UNCLOS 5. !O 6. LO 7. "#O 8. TU 9. C!

IMO
1. International Maritime Organisation 2. Purpose-maritime safety-clean seas 3. Facilitate inter-governmental co-operation 4. Organs-Assembly-council-secretariat 5. Instruments-convention-protocol-Amendmentscodes-resolution

Conventions/protocols
Adopting a convention Contracting parties to be bound by conventionby signature/or signature subject to ratification, acceptance and approval 13. ntry in to force-no of ratification-period 14. accession

10. 11. 12.

Amendments
6. Major amendments-protocol 7. Minor amendments-earlier conventions-positive acceptance 8. !e"er conventions-tacit acceptance 9. nforcement-f-Flag #tate-port #tate 10. IMO empo"ered to vet #$C%

Ships Flag

11. !ational &closed register 12. #econd register'off s(ore register-international register flags)-Isle of man/*+-+erguelen/France 13. ,areboat c(arter flags/dual register 14. Flag of convenience- -.oc(dale Criteria/-I$F

Classes of Law
Common la" #tatute la"-Act of Parliament Civil la"-rig(ts of individuals-la" of contract-la" of tort-no penalities 18. Criminal la"-offence-"rong against #tate-punis(able 19. Admiralty la"-civil la" concerning collision-cargo damage-salvage etc 20. Admiralty courts

15. 16. 17.

UNCLOS III
15. 16. 17. 18. 19. 20. 21. 22. *nited !ations Conference on 0a" Of #ea Came in to force in 1223 ,ac4 ground 5ones 6clusive rig(ts &coastal #tate Inclusive rig(ts-Flag #tate

UNCLOS-Flag State stipulations

For granting !ationality7 8as rig(t to (ave s(ips to fly t(eir Flag "(et(er land loc4ed or not 23. #(ips (ave nationality of t(eir flag #tate 24. Must (ave -genuine lin4/ "it( Flag state 25. Must sail under one flag only-if c(anging as convenient9: 26. May be treated as s(ips "it( out nationality and dealt "it(

uties of Flag State

Maintain register of s(ips ffectively -e6ercise jurisdiction/ over its vessels "rt #ea- "ort(iness-certification-safety at sea-pollution prevention 30. #urveyed by ;ualified surveyors 31. <essels must carry certificates-manning as per #$C% 32. Investigate complaints-a"ard penalties

27. 28. 29.

!arious Coastal "ones

21. 22. 23. 24. 25. 26. 33. Internal "aters $erritorial #ea Contiguous 5one 6clusive economic 5one Continental #(elf/continental margin 8ig( seas

#a$imum Limits of "ones

,ase line-lo" "ater line-outer most (arbour construction 34. #traig(t base lines 35. $erritorial #ea-ma6- 1= mls fm base line 36. Contiguous 5one-=3 mls fm base line 37. 5- 6clusive conomic 5one-=>> 38. Continental s(elf ma6 ?@> miles-safety Aone @>> mtrs around platforms etc

%igh seas
39. 40. 41. 42. 43. 44.
All flag #tates (ave freedom of7 !avigation Fis(ing #cientific researc( 0aying of submarine cables ,uilding of artificial Islands

45.

Only Flag #tate (as jurisdiction over (er vessels

%ars(ips (ave rig(t of visit if vessel engages in9:: 27. Piracy 28. #lave trade 29. !arcotics 30. Boes not (ave a flag 31. *naut(orised broadcasting

&$clusive &conomic "one

46. 47.
resources Pollution prevention regulations 6clusive rig(t to fis( Conduct scientific researc( 5 can not be generated from unin(abited Islandt(ese can (ave only $erritorial sea and contiguous Aone Ma6 limit =>> miles 6clusive rig(t to e6ploit living and non-living

48. 49. 50. 51.

&&"-Flag State rights/duties

52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62.
Freedom of navigation 0ay submarine cables Must abide by coastal #tate la"s on pollution !o fis(ing or scientific researc( Fis(ing gear if on board to be in secured condition Comply @>> mtr safety Aone of installations Ma6 =3 miles from base line Coastal state (as rig(t to enact la"s on Custom migration Fiscal

Contiguous "one

#anitary Flag #tate vessels (as freedom of navigation Must abide by coastal #tate la"s on above in addition to t(ose applicable in 5

63. 64. 65.

'erritorial sea (coastal states criminal/civil )urisdiction

32. If t(e act disturbs peace and good order 33. For suppressing narcotics 34. Or master of vessel re;uests 35. Coastal #tate can e6ercise Civil jurisdiction if vessel is passing t(roug( territorial sea after leaving internal "aters

'erritorial sea-coastal state*s rights

Ma6 1= miles from base line Coastal #tate (as rig(ts in t(is Aone in addition to (er rig(ts in 5 and Contiguous Aone 68. nact la"s on navigation 69. Can e6ercise criminal jurisdiction on any vessel if t(e crime e6tends to coastal #tate personnel or property-

66. 67.

'erritorial sea-Flag States rights

8as t(e rig(t of innocent passage-Freedom of navigation is lost in t(is Aone 71. Passage also includes stopping/anc(oring "(ic( are incidental to navigation/distress 72. Must abide by coastal la"s in navigation '$##-<$# mandatory) in addition to 73. Ot(er Aone la"s-pollution-fis(ing-custom etc

70.

Innocent +assage
74.
!avigation "it( out entering internal "aters

Continuous and e6peditious Anc(oring and stopping incidental to navigation/distress allo"ed 77. Passage "ill be considered not innocent if vessel:: 78. *se of force-"ars(ip e6ercise-propaganda79. Interfering "it( communication net "or4 80. !ot abiding by coastal la"s

75. 76.

Internal waters
0and"ard of base line All vessels must abide by all coastal #tates 0a"s criminal and civil 83. !o innocent passage unless vessel is entering "it( coastal #ates permission 84. Or entering due to distress 85. Also allo"ed & if straig(t base line encloses t(ese "aters "(ic( originally $#

81. 82.

International straits
If Intl: #traits 'Bover etc)becomes $erritorial sea Flag #tates vessels (ave rig(t of -transit passage/ $ransit passage is solely for e6peditious transit from one 5 to (ig( sea/ 5 89. If no ot(er (ig( sea/ 5 passage available 90. Proceed "it( out delay-abide pollution/navigation la"s 91. Can not be impeded/suspended

86. 87. 88.

Archipelagic waters
mid ocean islands-Figi ,ase line dra"n surrounding all islands All Aones measured sea"ard from t(is line nclosed "aters are arc(ipelagic "aters 95. Flag #tate (as rig(t of innocent passage 96. Must plan passage "it( in =@ miles of a6ial line-obey 1>C rule

92. 93. 94.

Continental shelf
36. It is an e6clusive resource Aone only-ma6 ?@> miles 37. All mineral and living resources of sub soil can be e6ploited by coastal state 38. Can enforce @>> mtr security Aone 39. 8as e6clusive rig(t to construct artificial islands

Continental margins
.esources beyond continental s(elf if proved by Coastal #tate-originated from t(eir land 98. Allo"ed to e6ploit "it( arrangement and approval from sea bed aut(ority 99. #eabed aut(ority guarding t(e -A. A/ 100. -$8 A. A/ is all "aters beyond coastal #tate jurisdiction-for future of man4ind

97.

%ot pursuit
.ig(t to c(ase vessels if s(e does not stop after committing an offence pertaining to a Aone 102. C(ase must commence "(en s(e is "it( in relevant Aone 103. Must be by "ar s(ip/aircraft in to (ig( seas 104. C(ase terminates "(en s(e reac(es anot(er #tates Aone

101.

#arine contracts
1. ssentials of a contract2. Offer 3. Acceptance 4. Denuine 5. Consideration

6. Capacity to contract 7. 0egality8. Possibility of performance 1. .epudiatory breac( 2. Conduct of one party 3. Anticipatory-actual-non-performance-defective performance-untrut( terms 4. .emedies-disc(arge by breac( bring actioncontinue and bring action-sue on ;uantum merit

,urisdiction clauses
5. Arbitration 6. Avoidance publicity-informal-c(eaper-no delayspecial 4no"ledge 7. $"o arbitrators argue li4e advocates &umpire- no precedent 8. Indian council of arbitration 9. AB.-mediation-accepted by Indian arbitration and conciliation Act

Agent of necessit10. 11. 12. Master as agent of necessity-salvage-cargo ,ottomry bond-respondatia Bifference bet"een bottomry and mortgage

Shipping agents
13. Contractual obligations agent/principal 14. 0a" of contracts 15. $(ird party liability as per la" of torts 16. urope-commercial Agents Birective 12EF 17. FO!A#,A-Federation of !ational Association of #(ip ,ro4ers and Agents-norms laid

Contractual 'erms
18. 19. %arranties Conditions-precedent-concurrent-subse;uent

20. Bisc(arging contract by7 21. %aiver-substituted agreement-condition subse;uent 22. Bisc(arge by performance-frustration

UNC'A
23. 12EE-lays do"n minimum standards for s(ipping agents 24. !on-mandatory-guidelines for national aut(orities/professional association to follo" 25. $o establis( a sound s(ipping agency system

UNC'A -Shipping agents norms

26. Objective to prevent maritime fraud 27. #(ipping agent defined as 28. #ale /purc(ase of s(ip-negotiate c(arter-all functions cargo-freig(t etc-tending to s(ip 29. Agent Must be-e6perienced-good standingpassed e6am as per national re;uirement30. And financially sound 31. 8onesty-integrity-impartiality 32. 6ercise diligence in (andling principalGs finance 33. Observe national regulations 34. nforcement by national aut(ority 35. Bisciplinary measures

.u-er and seller contract

36. 37. 38. 39. 40. 41. I!CO$ .M# 6"-fca-fob-cif-ddp Bocumentary Credit system 0etter of credit .ed clause 0OC Dreen clause 0OC

liens
42. 43. 44. 45. 46. 47. 48. 49. Possessory lien Maritime lien .an4ing of lien Contractual-damage liens Contract bet"een o"ner and c(arterer Bocument-responsibilities and liabilities #tandard clauses-rider clauses-side clauses Protective clauses

Charter parties

!o-age charter
50. Preliminary voyage-e6ception clause-arrived s(ip 51. %ibon, etc 52. !otice of readiness 53. Freig(t 54. Bemurrage &detention 55. 0ay days-lay time %ar ris4 clause-rig(t to cancel-or revised orders 56. $an4er slops 57. PHI bun4er deviation clause 58. ,ot( to blame collision 59. !e" jason 60. Ceaser and lien clause 61. Clause paramount 62. %ar ris4-rig(t to cancel-revised orders

'ime charter
63. Full reac( and burden 64. Al"ays afloat 65. !AA,#A 66. Baily (ire 9. Capabilities of vessel-

speed and performance & duty to maintain Belivery survey 0a"ful trade-la"ful merc(andise #afe port 0ast voyage %ar ris4-repair time off (ire-o"ner can recover c(arges-a"aiting orders on (ire

10. 11. 12. 13. 14. 15. 16.

'ime charter-war ris/

67. %ar insurance-premium- period 68. Payment of premium does not relieve c(arterer of safe port liability-"ar damage 69. %ar cancellation clause70. <etting clauses 71. Cargo claims-liability clause-produce formula

Other charters
72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. $rip c(arter-(ybrid type Consecutive voyages-demurrage COA ,areboat-liabilities C(arter party ,ill of lading 1E@@ bill of lading act 8ague rules <isby amendments-#B. protocol Obligations of carrier $o "(om it appliesI $o "(ic( type of transportation Obligations of carrier Bue diligence to ma4e vessel sea"ort(y

Contract of carriage

%ague rules

86. 0oo4 after cargo-to properly,load-(andle-sto"4eep-care for &carry and disc(arge 87. Issue ,/0 and give remar4 88. #(ippers obligation 17. %eig(t-;uantity-label-particulars 18. Carriers immunity-dangerous cargo 19. CarrierGs e6ceptions-1J nos-due diligence 20. !otice immediate if apparent-? days latent 21. #uit one year 22. 0iability Pounds and sterlings

!is0- amendments
89. In"ard ,/0 also 90. 0iability-?> gold fran4s/4ilo-?>>>> per unit 91. #uit filing time even after one year by anot(er carrier-transs(ipment cases 92. ,/0 in (ands of t(ird party conclusive evidence 93. %rong delivery also

S 1 protocol
94. = sdr per 4g-FFF:FF sdr per unit 95. India COD#A incorporated (a(ue visby and sdr protocol

%am0urg 1ules-present status

96. 12JE convention 97. =@ ratifications &re;uired only => 98. 2 land loc4ed/only @C of sea trade area 99. !e" #candinavian Code-dra"s from (amburg 100. CMI presently discussing uniformity of seacarriage of goods-(amburg concepts are considered

%am0urg rule
23.
#tate %ider application to include carriage to a contracting !eed not be document of title

24.

25. .esponsibility from -in-c(arge of goods/ 26. Actual and contractual carrier distinguis(ed 27. Carrier must prove (is diligence 28. Bec4 cargo-agreement "it( s(ipper on ,/0 29. 0iability limit-=:@ sdr /4gKE?@ #B. /unit 101. Belay F> days from agreed time-=:@ times freig(t 102. !otice of damage-if apparent &one day-if latent 1@consecutive days 103. #uit t"o years

.ill of lading
104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. Functions .eceipt Bocument of title !egotiability .eceipt for freig(t vidence of contract of carriage .eceived for s(ipment #(ipped Birect-t(roug( Foul-clean #plit !egotiable-to order-open-bearer #traig(t 0oad/disport Condition of cargo Bate of completion cargo !o of originals Freig(t prepaid Fio

.ill of lading t-pes

.ill of lading-contents

123. 124. 30. 31. 32. 33. 34. 35. 36. 40. 41. 42. 43. 44. 45. 105. 106. 107. 108. 109. 110. 111. 46. 47. 48. 49.

Company clause-retla
Issue Diving aut(ority to agents Inspection Belivery against-0OI Carrying original ,/0 on board BP #ea"ay bill Major ports-india ,/0 problems

#arine insurance
0loyds mar4et Company mar4et ,ro4ers 0loyds agents #alvage association Average adjusters
12>F marine insurance act *+ Indemnity Contribution-Bouble insurance-re-insurance #ubrogation Insurable interest-defeasable-partial-contingent *tmost good fait( Boctrine of pro6imate cause

principles

#arine policies
$ime policy <oyage policy <alued policy *nvalued policy

Insurer*s lia0ilities
50. 0iable for loss pro6imately caused by peril insured against

51. 52. 53. 54. 55. 112. 113. 114. 115. 116.

!ot liable for loss/damage caused by7 %ear and tear Ordinary lea4age/brea4age ,y rats and vermin In(erent vice

warranties
Promissory "arranty-must be complied "it( Bifferent from "arranties of ot(er contracts Implied-sea "ort(iness-legality 6pressed-"ritten- for instance-"arranty limits ,reac( of "arranty-"aiver-if compliance illegalcircumstances cease to e6ist

conditions

56. Beviation-If bro4en liability ceases from time 57. Beviation e6cused &special term-distresssafety of s(ip-barratry if a peril-reasonable by master 58. delay59. C(ange of voyage

O0taining insurance cover

60. 8HM cover 61. ,ro4er 62. #lip 63. 0ead under"riter 64. Policy-presentation of slip-cover note-offeracceptance

Institute time clauses

12E? clauses &major c(ange-classification-due diligence in perils 118. Clause1:navigation 119. All times-"it( /"it( out pilot 120. $rial 121. $o" ot(er vessel in distress

117.

=:Continuation-due notice given-time policy ?: ,reac( of "arranty-notice-addl: Premium 3:classification-IAC#-aut(ority for info @:$ermination-automatic if-c(ange of class-o"nerflag-over due survey-bareboat c(arter-govt: re;uisition

122. 123. 124. 125. 126. 127. 128.

!o lig(terage-no pre-arranged to"scrap voyage-scrap value

23+erils-inchmaree clause

65. Perils of sea 66. Fire e6plosion 67. Lettison 68. Piracy 69. Contact "it( land-eart( ;ua4e-loading disc(arging accident

+erils with due diligence

70. 71. 72. ,ursting of boiler-s(aft !egligence of master/repairer Contact "it( aircraft-objects falling from t(em

4/5th collision lia0ilit- clause

129. 130. 131. 132. 133. 134. 135. 73. 74. 75.
.unning do"n clause 0oss/damage ot(er vessel DA ot(er vessel Belay loss of use ot(er vessel #alvage ot(er vessel ?/3t( legal cost fig(ting liability 0imited to ?/3t( of insured value insured vessel

4/5th collision lia0ilit--e$clusion

Follo"ing are e6cluded from cover7 %rec4 removal Cargo of ot(er vessel

76. 77.

0oss injury of cre" of ot(er vessel pollution

78. 2:sister s(ip-collisin-delay not covered 79. 11: Buty of assured-sue and labour clauseparticular c(arges 80. 1=: Beductibles 81. 1?: !otice of claim and tender-1@C penalty

&$clusions
82. =3,=@,=F,=J are e6clusion clauses 83. %ar 84. #tri4es 85. Malicious acts 86. .adio active contamination 87. $(ese clauses are paramount and over ride any ot(er clauses

Institute warranties
88. 89. 90. 91. 136. 137. 138. 139. 140. !ot "arranted to go certain areas !ot "arranted to sail "it( certain cargoes Indian coal 1st marc(-?>t( Lune 1st Luly to ?>t( #eptember only to Asian ports

losses
Average-loss/damage Particular average-accidental loss/damage $otal loss-A$0-C$0 A$0-"rec4ed-goods c(ange specie-sun4-missing C$0-A$0 appears unavoidable-cost of repairs- in case of "ar ris4 cover-trapped by enemies

Notice of a0andonment
92. 93.

Purpose-insurer to verify-ta4eover .ig(t to freig(t-sell scrap 4eep proceeds

94. 95. 141. 142. 143. 144. 145. 146. 147.

%aiver clause"rec4 removal-PHI club

Mutual club-mutual &cover eac( ot(erGs liabilities Members not s(are (olders-no capital-no dividend Birectors of club-managers !on-profit ma4ing Calls-advance-supplementary call,alance boo4s- =>t( Feb Certificate of entry

+6I Clu0

Clu0 Income
1. CallsMinvestment incomeN claimsMe6penses 2. Advance calls F>-E>C 3. #upplementary calls-

Lia0ilities covered-class I cover

96. Cre" loss-injuries-illness 97. #tevedore loss-injury 98. Passenger loss-injury-illness 99. Ot(ers-injury /loss of-custom &surveyors-pilot 100. 0oss-damage &personal effects of above persons 101. Biversion e6penses-landing cre"-sto" a"ay maintenance 102. Collision liabilities 1/3t( 103. %rec4 removal o"n as "ell as collided vessel 104. 6cess collision liability 105. Bamage/loss ot(er property 106. Pollution 1 billion 107. $o"age contract liabilities 108. Cargo loss/damage

109. #pecial compensation for minimising pollution-art 13 salvage 110. Cargo proportion of DA if cargo o"ner succeeds in action against o"ner for breac( of contract

111. 112. 113.

Fines-on s(ip as "ell as on (er cre" 0egal cost-usually club conducts defence Omnibus cover

Class II cover
114. Freig(t-demmurage-defence &F:B HB 115. Available "it( in PHI Club-on payment of addl: Premium 116. F:B HB (elps in conducting legal proceedings against under "riters-c(arterers-reairers etc

Other clu0s
117. %ar ris4 club 118. #tri4es cover 119. 0oss of (ire cover 120. C(artererGs cover 121. $$ Club-t(roug( transport club-multi-model transport operator

+ro-active roll
148. 149. 150. 151. 152. 153. 154.
Publication of boo4s on safety #afety bulletins Advice on ,/0-documentation #eminars Claim analysis Correspondents Condition survey/control ;uality of tonnage entered

+6I-pooling-grouping
122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. @ million club retention @-?> million pools ?>- 1:@ billion group clubs- reinsurance 1:@ billion to = billion Overspill -reinsuance Oil pollution-1 billion Pay call +eep vessel in class-aut(orise clause !otice "(en liability li4ely to arise !on-admission of liability #ue and labour Condition survey

O0ligations of mem0ers

7eneral Average
133. Oor4 Ant"erp .ules 1223 134. 12J3 rules modified 135. J lettered rulesM== numbered rules 1. .ule paramount-reasonably incurred e6penditure/sacrifice

1ule A-7A definition

136. $(ere is a DA act "(en, and only "(en, any e6traordinary sacrifice or e6penditure is intentionally and reasonably made or incurred for t(e common safety for t(e purpose of preserving from peril t(e property involved in a common maritime adventure

1ule .
%(en one or more vessels are to"ing /pus(ing anot(er vessel/vessels in commercial activity, t(e y are in common maritime adventure

155.

#imply by disconnecting from anot(er vessel, a vessel is in safety, t(en it "ill not amount to common maritime adventure: $(e disconnection itself s(ould be a DA act .ule C:DA not allo"ed for pollution-loss of mar4etdemurrage-delay-!o DA for damage to marine environment 158. .ule B-conse;uence not cause-DA applicable even if cause is negligence-(o"ever t(is "ill not affect parties rig(t of defence/remedies 159. .ule -claim "it( in 1= mont(s from date of termination of DA

156.

157.

160. .ule F--Alternate e6penditure considered as DA 137. .ule D138. DA adjustment for loss and contribution on basis of value at t(e place "(ere adventure ends 139. Cost of for"arding cargo to destination allo"ed as DA

7A Num0ered 1ules 8-4

1. Lettison if carried as per custom of trade =:loss or damage to t(e property involved in t(e common maritime adventure by sacrifice for common safetyavoids pollution liability 163. ?:e6tinguis(ing fire on board-beac(ing-scuttling a burning s(ip-cargo damage sea "aterPno DA for cargo damage due smo4e or (eat of fire

161. 162.

7A rules 5-9
3:cutting a"ay "rec4 or parts of s(ip previously carried a"ay or lost by accident&no DA-not relevant for motor vessel 165. @:voluntary stranding-conse;uent damage to property involved in common maritime adventure allo"ed as DA

164.

1ule 2-:
F: #alvage enumeration-s4ill to minimise pollution payable as per Article 1? of #alvage Convention as DA-!o DA for special compensation as per Article 13 167. J: Mac(inery damage "(ile re-floating allo"ed as DAs(ould be reasonable-!o DA for preventing grounding 168. E:lig(tening e6penses for common safety "(ile aground and conse;uent damage to s(ip/cargo allo"ed as DA

166.

1ule ;140. 2: Cargo/stores as fuel- in times of peril for common safety-allo"ed as DA 'subtracting cost of fuel "(ic( "ould (ave been ot(er"ise spent)--c(ange from 12J3 "(ere in vessel must (ave sailed "it( sufficient fuel

1ule 8<-88
1>:port of refuge e6pense-cost of disc(arge if necessary for repairs-"are (ouse-re-loading if for common safety- as DA- e6penditure solely for re sto"ing due to s(ifting of cargo at sea no DA 170. 11:"ages allo"ed as DA until abandonment of voyage-minimise pollution in port of refuge allo"ed as DA if suc( action is a precondition to allo" t(e vessel to enter port- :If already t(ere is an actual escape of oil no DA

169.

1ule 8=
141. 1=: -Bamage to or loss of cargo, fuel or stores sustained in conse;uence of t(eir (andling, disc(arging, storing, reloading and sto"ing s(all be made good as general average, "(en and only "(en t(e cost of t(ose measures respectively is admitted as general average:

7A 84-85
1?:deductions from cost of repair-ne" for old 1/? rd costif vessels is -1@ yrs old 172. For nav: ;ipment, mac(inery, boilers, life boat etc age of parts173. no deductions anc(or &c(ains- #tores 174. Bry doc4ing DA- cleaning painting only if s(e (ad painted during last 1= mont(s 175. 13:$y repairs allo"ed-also ty repair for accidental damage if re;d: for sailing

171.

1ule 89
142. 1@:loss of freig(t for cargo sacrificed or lost as DA or during cargo disc(arge /loading in port of refuge-allo"ed as DA-deducting notional e6penditure 143. 1F:cif value at disport-for ma4ing good cargo lost or sacrificed

7A 8>-8;
1J: Contributory value &cargo cif value-passanger luggage-accompanied cars "ill nor contribute to DA 177. 1E:depreciation -if not repaired-if A$0/C$0-sound valueQaccidental repair-scrap value 178. 12: *ndeclared/under valued cargo-made good as per invoice-"ill contribute as per actual value to be ascertained

176.

1ule =<-==
=>: =C commission for adjuster on DA disbursements 180. =1: Interest s(all be allo"ed on e6penditure, sacrifices and allo"ances in general average at t(e rate of J per cent: per annum, until t(ree mont(s after t(e date of issue of t(e general average adjustment: 181. ==:Deposit in special account in joint names all contributions received

179.

7A +ro0lem No 8
A loaded vessel grounds accidentally resulting in bottom damage, propeller damage and bilging of !o @ lo"er (old:All cargo in !o@ 08 is totally damaged by t(e bilging: 183. $(e vessel is re-floated by jettisoning t(e damaged cargo from !o @ 08 and by disc(arging part of undamaged cargo from !o@ $G"een dec4 into lig(ters and t(ereafter reloading t(em: @C of t(e tG"een dec4 cargo is lost during t(is loading $(e vessel is t(en to"ed to a port of refuge under a to"age contract, "(ere repairs re carried t:, and t(e vessel resumes and completes t(e voyage 185. From t(e above e6plain as to (o" t(e s(ip o"ner, cargo o"ner and ot(er affected parties can recover t(eir losses from various la"s applicable

182.

184.

7A +ro0lem No =
A general cargo vessel (aving four (olds sailed from Mumbai to Burban:$(e vessel (ad E>> bales of cotton in (old 1 and ??>> c(ests of tea in (old &= and t"o IMBD containers on dec4 abreast no (old 1: $(ree days after sailing t(e vessel caug(t fire:$(e s(ips cre" e6tinguis(ed t(e fire by "ater and flooding t(e 8old "it( CO=: $(e master (ad to jettison 1 IMBD Container and divert vessel to Mauritius "(ere it "as observed t(at 3> bales of Cotton (ad burnt, =@> bales of cotton "ere damaged because of "ater and 1>> c(ests of tea "ere tainted: 188. %(at recourse s(ip o"ners/cargo o"ners (ave for recovery of t(eir losses under applicable la"/factsI

186.

187.

Voyage estimate
1. Purpose-to convert various voyage options in to
financial figures-

2. Enable choose the voyage giving more voyage

surplus 3. Variances-the difference between estimate and actuals 4. Variances-enable management to encourage positive and investigate negative influences

5. DRC-Daily Running Cost average

establishment/standing charges per day of running vessel 6. ncludes following! 7. "ages of master and crew 8. Victualling and fresh water 9. #aintenance 10. $urveys and certification 11. drydooc%ing

Daily Running Cost

1. #andatory e&uipment /stores as per international conventions 2. Diesel for generator 3. Establishment e'pense-super-building cost etc 4. Depreciation of vessel

Voyage e'penditure
12. 13. 14. 15. 16. 17. 18. 19.
terms. (o of trading days )uel for the loaded and ballast voyage Pilotage Port dues Canal transit Custom/emigration dues Diesel for cargo gear *oading/unloading e'penses+) ,/-roos

/ro%er0s commision 1a' for revenue ncome-freight DRC ' trading days 2voyage e'penditure3total voyage e'pense 24. 1he difference between freight earned and total voyage e'pense gives voyage surplus

20. 21. 22. 23.

1egistration of Indian ships

1. Ports of registry & ,ombay, Calcutta and Madras 2. .egistrar of Indian s(ips---- t(e Principal Officer of t(e Mercantile Marine Bepartment of t(e port 3. If registrar is not available, for any reason, t(e senior most surveyor at t(at port may act as, t(e registrar of Indian s(ips 4. .egister boo4& very registrar s(all 4eep t(e register boo4 and entries in t(at boo4 s(all be made in 7-5. t(e property in a s(ip s(all be divided into ten s(ares7

1. not more t(an ten individuals s(all be entitled to be

registered at t(e same time as o"ners of any one s(ip 2. a company Ror a co-operative societyS may be registered as o"ner by its name 3. Application to be made by t(e person re;uiring to be registered as o"ner or by (is agentK

#urvey and measurement of s(ips before registry

6. $(e o"ner s(all cause (is s(ip to be surveyed 7. And t(e tonnage of t(e s(ip ascertained 8. $onnage certificate issued by previous maritime administration acceptable for registration purposes 9. $(e surveyor s(all grant a certificate specifying t(e s(ipGs tonnage and build and suc( ot(er particulars descriptive of t(e identity of t(e s(ip 10. $(e certificate of t(e survey s(all be delivered to t(e registrar before registry:

Beclaration of o"ners(ip on registry&

11. $(e time "(en and "(ere t(e s(ip "as built 12. Or if t(e s(ip is built outside India , t(e time and place of building 13. If previously registered outside India t(e name by "(ic( s(e "as so registeredK

14. t(e name of (er master 15. t(e number of s(ares in t(e s(ip in respect of "(ic( (e or t(e company Ror t(e co-operative societyS, as t(e case may beK claims to be registered as o"nerK and

Furt(er evidence re;uired on first registry

4. in addition to t(e declaration of o"ners(ip7-5. in t(e case of a s(ip built in India, a builderGs certificate-

6. a certificate signed by t(e builder of t(e s(ip and

containing a true account of 7. t(e proper denomination and t(e tonnage of t(e s(ip as estimated by (im and 8. t(e time "(en and t(e place "(ere s(e "as built, and

125. If built outside India, same particulars as for Indian built s(ip 126. If particulars are not 4no"n statement to t(e effect 16. t(e name of t(e person, on "(ose account t(e s(ip "as builtK 17. and if t(ere (as been any sale, t(e ,ill of sale

Car ving note

127. After t(e e6amination of documents, t(e registrar issues t(e o"ner a -carving note/ "(ic( s(o"s7 128. t(e proposed name of vessel, 129. Intended port of registry 130. stimated tonnage 131. Official no

#ar/ing of the vessel

$(e o"ner t(en permanently mar4s t(e vessel in t(e follo"ing manner7 38. !ame on bot( bo"s-at least 3 inc( long 39. !ame and port of registry on t(e stern 40. Official no and regd tonnage cut on main beamno"adays on t(e after coaming of main (atc( 41. Braug(t scale cut eac( side stem and stern-Finc(

37.

Issue of certificate of registr 132. MMB surveyor'classification surveyor if abroad) inspects t(e mar4ings and signs t(e carving note and returns to t(e o"ner 133. O"ner no" delivers t(e carving note to t(e registrar "(o issues t(e certificate of registry 134. $(e certificate of registry to be issued "it( out delay &not more t(an t(ree days

ntry of particulars in register boo4

9. $(e name of t(e s(ip and t(e name of t(e port to "(ic(
s(e belongs 10. $(e details contained in t(e surveyorGs certificate 11. $(e particulars respecting (er origin stated in t(e declaration of o"ners(ip: 12. $(e name and description of (er registered o"ner or o"ners

Bocuments to be retained by registrar

18. a) t(e surveyorTs certificate 19. b) t(e builderTs certificate 20. 'c) any instrument of sale by "(ic( t(e s(ip "as previously sold 21. 'd) all declaration of o"ners(ip:

Custody and use of certificate

22. $(e certificate of registry s(all be used only for t(e la"ful navigation of t(e s(ip, 23. s(all not be subject to detention by reason of any title, lien, c(arge or interest "(atever 24. !o person, refuse to deliver suc( certificate on demand to t(e person entitled to t(e custody for t(e la"ful navigation of t(e s(ip or to any registrar

!e" certificate "(en original certificate is defaced, lost, etc

25. $(e registrar of (er port of registry may, on t(e delivery to (im of t(at certificate, grant a ne" certificate in lieu of (er original certificate 26. Certificate of registry lost or destroyed or t(e registrar of (er port or registry s(all grant a ne" certificate
If event is outside India, t(en t(e master of t(e s(ip s(all ma4e a declaration stating 14. Facts and t(e names descriptions of registered o"ners of suc( s(ip to t(e best of t(e declarantGs 4no"ledge and belief 15. $o t(e nearest Indian consular officer "(o may grant a provisional certificate stating circumstances under "(ic( it is granted

13.

27. $(e provisional certificate s(all, "it(in ten days after t(e first subse;uent arrival of t(e s(ip at (er port of disc(arge in India, be delivered by t(e master to t(e registrar of (er port of registry 28. $(e registrar s(all grant a ne" certificate of registry 29. %(enever a c(ange occurs in t(e registered o"ners(ip of an Indian s(ip, t(e c(ange of o"ners(ip s(all be endorsed on (er certificate of registry 30. it(er by t(e registrar of t(e s(ipGs port of registry or by t(e registrar of any port at "(ic( t(e s(ip arrives:

Provisional certificate for s(ips becoming Indian s(ips abroad&

$(e Indian consular officer t(ere may grant provisional certificate 17. And s(all for"ard a copy of t(e certificate at t(e first convenient opportunity to t(e Birector &Deneral 18. #uc( a provisional certificate s(all (ave t(e effect of a certificate of registry until t(e e6piration of si6 mont(s

16.

42.
$emporary pass in lieu of certificate of registry t(e Central Dovernment t(at by reason of special circumstances may granted to any Indian s(ip to pass "it(out being previously registered from one port to any ot(er port in India, 21. $(e Central Dovernment may aut(oriAe t(e registrar of t(e first-mentioned port to grant a pass 22. $(e pass s(all (ave t(e same effect as a certificate of registry

19. 20.

mortgages
Mortgages s(all be recorded by t(e registrar in t(e order in time in "(ic( t(ey are produced to (im for t(at purpose, 24. and t(e registrar s(all, by memorandum under (is (and, notify on eac( mortgage t(at it (as been recorded by (im stating t(e day and (our of t(at record: 25. Mortgage can also be entered on a provisional certificate 26. Fee 1> paise for 1>>> .s

23.

salvage
1. <oluntary saving of maritime property in peril 2. <oluntary-not to be obligatory

3. .ecognised maritime property-s(ip-bun4ersfreig(t-!ot buoys 4. .eal danger 5. successful

Llo-d Open Form

6. 0OF 12E> 7. !o cure no pay 8. #afety net-applicable for laden tan4ers 9. #alver and (is servants are not negligible 10. A"ard against o"ners

Salvage Convention-8;:;-article 8
11. Follo"ing Amoco CardiA 12. Article 1 7Befinitions 13. #alvage operation-any activity to assist maritime property in navigable "aters/any ot(er "aters 14. Property7 not permanently attac(ed to s(ore

definitions
15. Bamage to environmentKsubstantial p(ysical damage to (uman (ealt( or to marine life or resources in coastal or inland "aters or areas adjacent t(ere to caused by pollution, contamination, fire ,e6plosion or similar major incidents

Salvage Convention 8;:;-Article =-5

1. Article =: Applicable "(en any arbitration or judicial
proceedings are broug(t in contracting #tate 2. Article ?: Boes not apply to drills oil platforms-"ill apply "(en t(ey are in transit

3. Article 3: Boes not apply to "ar s(ips-govt vessels noncommercial voyage

Salvage convention-Article-9->
16. Article @: Boes not affect any national 0a"s on #alvage-or operation under public aut(orities 17. Article F: Master (as aut(ority to contract be(alf o"ners s(ip/ot(er property cargo-oil 18. Article J: Annulment-modification of contract-if undue influence e6ercised

Salvage Convention-:-duties
4. Article E-Buties of salver-due care prevent/minimise
pollution 5. Co-operate "it( o"ner 6. Accept /see4 assistance of ot(er salvers 7. O"ners duties-co-operate "it( salver-minimise pollutionaccept re-delivery "(en reac(ed -place of #afety/

Salvage (Article ;-8<

8. Article 2-Coastal states (ave rig(t of controlling salvage

operations in t(eir "aters 9. Article1>-Master (as duty to render assistance to persons in distress at sea so far as (e can do so "it( out endangering (is vessel/persons 10. #tate parties s(all adopt measures to enforce t(is 11. Owner has no liability if master breaches his duty

Salvage-88-8=
19. Article 11- state parties to ensure public aut(orities cooperate "it( salvers for a successful salvage 20. Article 1=- !o cure no pay principle-unless useful result is ac(ieved no a"ard

Salvage 84 criteria for award

21. #alved value

22. Measure of success 23. !ature and degree of danger 24. #4ill and efforts of salver 25. $ime used-e6penses-losses of salver 26. .is4 of liability-ot(er ris4 ta4en 27. Promptness 28. Availability/use of ot(er vessels 29. .eadiness and efficiency of salvers e;uipment 30. #4ill and efforts of salver in minimising pollution 31. $(e re"ard s(all not e6ceed t(e salved value of vessel H ot(er property

Art385 Special Compensation

#pecial incentive to salvers to minimise pollution 6penditure incurred solely for minimising/preventing from (is poc4et to be compensated by o"ner of vessel 14. $(e e6penditure for t(e above payable to t(e e6tent it is over t(e a"ard 15. If no a"ard for salvage t(e entire e6penditure for minimising pollution payable

12. 13.

Article 85-89-82
16.

$(e -out of poc4et/ e6pense payable by o"ner can be en(anced by ma ?>CK'but not to e6ceed 1>>C) if successful 17. Article 1@-apportionment of a"ard bet"een salvers as per criteria article 1?: 18. Apportionment bet"een master o"ner etc by la" of flag state of vessel 19. Article 1F-salvage for life need not be paid: 0ife and property toget(er can be a"arded: #tate can it "is(es

Article 8>-8:
Article 1J-services rendered under e6isting contract entered prior to arising of danger, not payable under t(is

20.

convention, unlesss it e6ceeds reasonable performance of t(e contract 21. Article 1E-effect of salverGs misconduct-deprived of "(ole or part payment if (e made salvage more difficult-or guilty of fraud

Article =8
22.

Article 12-salver not entitled to any a"ard if assistance (as been refused by master 23. Article =>-salver (as rig(t for maritime lien-s(all not e6ercise if security (as been provided 24. Article =1-salved property may not be removed "it( out satisfactory salvage security-o"ner to co-operate to ensure cargo o"ner also provide security

Article ==-=4

32. Article ==-tribunal (aving jurisdiction can by interim decision order interim payment to salvor: 33. %(en interim payment is made t(e salvage security s(all be reduced accordingly 34. Article =?- limitation of time bar &t"o years

LOF 8;;9-salient features

25. 26. 27. 28. 29.
#alver agrees to salve and ta4e to place of safety Place of safety "(ere repair can be carried out Master not to leave salver until place of safety #pecial compensation provision made .adio agreement acceptable

LOF ;9-contd
35. #alver gets interim a"ard 36. Bispute arbitration in london 37. *nder "riters liability not to be more t(an total loss value 38. MasterGs aut(ority to bind cargo o"ner 39. !o dispute can arise as it is on no cure no pay basis

SCO+IC-=<<<
40. #pecial Compensation PH I club 41. ,ac4 ground-!agasa4i spirit 42. pH I no control over #pecial compensation(ouse of lord-fair rate-lengt(y arbitration-no security for spl:compensation 43. #copic-salvers-PHI-IC# joint effort 44. <oluntary 45. .eplaces article 13 if invo4ed-only by salver 46. #alver can invo4e "(et(er or not t(reat to environment 47. #ecurity by PHI ? million U 48. $ariff "it( an uplift for all salvage e;uipment made and agreed 49. PHI can send #C.-special Casualty .epresentative 30. #laver "it( dra"s from scopici f security not paid t"o
"or4ing days31. or (e finds not "ort( t(e effort to salve and minimise pollution-completely "it(dra" 32. O"ner can "it( dra"-C$0-@ days notice

Special casualt- representative

50. #ent by s(ip o"ner &selected from a panel by #C. Committee 51. $(e #C. committee (as t(ree representatives eac( from follo"ing7 52. PHI 53. IC# 54. I*MI 55. I#*

SC1
56. Cargo interest and 8ull insurer can also send t(eir representative 57. #C. assist in salvage and minimising pollution

58. 59. 33. 34. 35. 36. 37. 38.

#alvage master is al"ays in c(arge #C. endorses salvage masters daily reports

LOF =<<<
#imple format All legal stuff removed #copic introduced Passenger /cre" effects not salvable #alver can also terminate salvage operation Beemed performance if (is e6pert services no longer re;uired by port aut(orities

Salvage and towage

39. 40. 41. 42. 43. 44. 60. 61. 62. 63. 64. 65. 66.

-8ome "ood/ case 6ceptional fortuitous circumstances .emuneration no longer justifiable Circumstances not broug(t about by tug Onus of proof on tug Port of refuge-salvage stops-(arbour to"age begins

Salvage-factors to consider
$o see4 salvage assistance #afety of personnel Pro6imity to danger %eat(er sea condition $ide-current !ature of sea bed- safe anc(oring Availability of assitance

Salvage-factors to see/-contd
67. Bamage already sustained 68. $(reat of pollution 69. Man po"er/material situation 70. Possibility of O"nerGs arranging contractual to"age/salvage services

71. 45. 46. 47. 48. 49. 50. 51. 52.

$ime verses danger factor

$o render salvage to ot(er vessel C(arter party provisions #ufficient material-personnel ,ollard pull O"ners/c(arterer advisedI Complete c(arter/laydays-laycanI Can cargo "it(stand delay Fuel to port of refuge Is it "ort( itI

Salvage-factors to render

+ort of refuge-valid reasons

72. Any port made for "(en master considers it unsafe for vessel to continue (er voyage 73. <alid reasons-"eat(er-collision-sea"ort(iness affected 74. #erious treat to cargo/vessel 75. #(ort of bun4ers

+ort of refuge-procedure
76. Inform o"ners,c(arters-"(o "ill advise 8HM and PHI insurance 77. .e;uest o"ners to appoint agent at port 78. Advise agent-eta-re;uired repairs-damage /danger 79. Obtain (ealt( clearance 53. !ote protest =3 (rs-prior brea4ing bul4 54. .eserve your rig(t to e6tend later date and time
convenient 55. 8HM surveyor for approving ;uotation 56. Class for inspection-alternate-ot(er surveyor-or t"o master mariners 57. 8atc( surveyor if disc(arge re;uired 58. +eep accurate record of all events-also 4eep personal copy for future reference

If voyage abandoned-if cargo delivery-obtain DA ,ond/Duarantee forms 60. Completion repairs-obtain interim certificate of class from class-or certificate of sea-"ort(iness from surveyor 61. 6tend protest port of refuge/ne6t port

59.

+lace of refuge
ri4a &december 1222 Castor-laden tan4er in Mediterranean Prestige &november =>>= A:232'=?)-guidelines on places of refuge for s(ips in need of assistance'"(en safety of life is not involved) 66. A:2@>'A)-Maritime assistance services

62. 63. 64. 65.

Note of protest
80. solemn declaration made by master on oat( in circumstances beyond (is control "(ic( may give rise to damage (is s(ip or cargo 81. ,efore notary public-magistrate-consular officer-ot(er aut(ority 82. 0og entries-cre" statement-"eat(er condition

Note of protest-when to ma/e?

83. very case of DA 84. ,ad "eat(er 85. Bamage to vessel any cause 86. Cargo s(ipped "it( bad pac4ing 87. #erious breac( of c(arter party 88. .efusal to accept ,/0 as is claused by masterbeing sent to unsafe port

SO+&+
1. #(ipboard Oil Pollution mergency Plan 2. Marpol J?/JE .eg =F Anne6ure 1 3. OP.C 122>-Oil Pollution Preparedness and Co-operation

4. $an4ers of 1@> tons and ot(er s(ips over 3>> tons re;uired to (ave a
#OP P 5. Marpol anne6ure II re;uires same type of s(ips to (ave #(ipboard marine pollution merency Plan for !o6ious li;uid substances 6. All above can be combined into -#(ipboard marine Pollution mergency Plan

$,PEP-Contents

1. 4s per guidelines of #EPC $,PEP is prepared 2. Plan as per #arpol to guide master 3. Plan contains all info of names/tel nos of contact
personnel in case of pollution 4. Plan is approved by administration 5. ntroduction-must contain-following! 6. (on-mandatory section 5 can be amended with out approval

$ection 6-preamble
25.

E'planation of purpose and use of plan-to minimise/stop pollution 26. 1o be ship specific 27. -uidance on catastrophic spill 28. #ust be realistic-easy to use and understand-in language of crew 29. 1o be evaluated and reviewed regularely 30. ts relation to shore plan to be e'plained

New amendments to SO+&+

#, 4nne' 7 +Resolution #EPC879+::.4mends the previous guidelines established 32. 1he Preamble section must state clearly ! ;"ithout interfering with shipowner<s liability= some coastal $tates consider that it is their responsibility to define techni&ues and means to be ta%en against an oil pollution incident

31.

Amended +ream0le-contd

and approve such operations which might cause further pollution= i8e8= lightening8 $tates are in general entitled to do so under the nternational Convention relating to ntervention on the >igh $eas in Cases of ,il Pollution Casualties= 6?9? + ntervention Convention.8;

33.

Section 2-reporting requirement

135. %(en to reportI 136. Actual spill above permitted level 137. Probable disc(arge-collision-groundinge6plosion-flooding-structural failure-cargo s(ift-steering failure etc 138. 8o" to reportI 139. As per s(ip reporting format of IMO A:E@1'=>)

Reporting re&uirement
"hom to contact@ Coastal $tate contacts to include as appendi' Case of delay master to contact radio station/Rescue Co-ordinating Center 37. Port contact-local agencies whilst in port 38. $hip interest contacts-cargo insurersalvage services 39. Plan to specify who shoul contact

34. 35. 36.

Section 4-steps to control discharge

Plan to guide master to control spill and delegate right personnel 41. ,perational spill-spills on dec%-removal procedure-hiring clean up company 42. Pipe lea%age-action-by whom@ 43. >ull lea%age-reduce head in tan%-transferchec% hull stress/stability etc

40.

$teps/chec% list to control $pill from casualty during following 45. -rounding 46. Collision47. )ire-e'plosion 48. E'cessive list 49. Containment $ystem )ailure 50. $ubmerged/)oundered 51. "rec%ed/$tranded 52. >aAardous Vapor Release

44.

Priority action by master-guidance to be given to master &(o" to react to a casualty 44. #afety of personnel-s(ip-escalation of incident

43.

$teps to control
31. #pecific personnel assignments for anticipate tas4s must be identified for t(e follo"ing types of casualties7 32. Containment #ystem Failure 33. #ubmerged/Foundered 34. %rec4ed/#tranded 35. 8aAardous <apor .elease

Assessment and monitoring re;uirements

Personnel protection issues +protective e&uipment and threats to health and safety. 54. Containment and other response techni&ues +e8g8 dispersing= absorbing. 55. solation procedures 56. Decontamination of personnel

53.

Disposal of removed oil and clean-up materials

57.

Priority action-contd
1o'ic vapour-e'plosion-fire-wind direction and steering upwind of spilled cargo59. $hutting down non-essential air inta%es 60. "hilst aground-source of ignition to be eliminated 61. Chec%ing tan% sounding-visual inspection

58.

>ydrostatic balance
n case of bottom damage hydrostatic balance will be achieved rapidly-less time for action 63. n case of side damage in way of tan%s=discharge rate rapid initially 64. Rate will diminish as the balance is achieved between out flow of oil and inflow of sea 65. Buic% transfer to intact tan%s to be considered

62.

Damage stability
66. 67. 68.
advice-

Prior to transfer consider stress/stability Consult damage stability boo%let Contacting emergency services of class for

D(V-Emergency response services+ER$. *loyds-$hip emergency service response+$ER$.

69. 70.

Contents of damage stability boo%let

71. 72. 73. 74.
ntroduction Pricipal dimensions Damage assumptions $urvival criteria

75. 76. 77.

Discription of damage #argin line data Procedure to investigate damage stability

Damage stability boo%let-contd

5. Procedure for determining ma'imum allowable C- curve and corresponding minimum re&uired for loading weights 6. Curve of minimum operational -# 7. E'ample calculation 8. appendices

Section 4-contd
n case of lightening ship to ship transfer guidance-chec% list as per ,C #) 79. 1o consult obtain approval from coastal state authorities prior lightening 80. ,wner0s instruction regarding lightening/insurance aspects to be specific

78.

Section 5
81. 82.

(ational and local co-ordination #aster to consult coastal authorities prior to ta%ing control measures to minimise pollution 83. $ome coastal $tates assume control of pollution situation ta%e measures and bill owner 84. Detailied instructions to master for initialising response to spill must be given

$ection 5
85. 86. 87. 88. 89.

(on-mandatory 4dditional information regarding! $hip board response e&uioment Record %eeping Reference material-drawings

90.
use

nventory of $,PEP e&upimnet-directions for

Crew training-Plan review-event review to be provided 92. 4dvise on when to see% salvage

91.

4ppendices
9. #inimum re&uired as follows! 10. *ist of coastal $tate contacts 11. *ist of port contacts 12. *ist of ship interest contacts 13. $hips plans and drawings 14. "ind Drift data for loaded and ballast conditions 15. n addition following could be included 16. $ummary flow chart 17. Roles and respossibilities of national and coastal authorities 18. 4ny other reference material

&ri/a
140. 141. 142. 143. tons 1= dec 1222 Off brittany-france Out ?>>>> tons-12E>> spilled #un4en bo" contained-F3>> tonsMstern 3J>>

CLC- 8;;= Civil Lia0ilitConvention

Applicable to tan4ers and vessels adapted to carry oil as cargo and actually carrying oil as cargo in bul4

45.

Oil means persistant (ydrro carbon mineral oilcrude-fuel oil-lub oil-(eavy diesel oil-carried as cargo or as ,un4ers 47. O"ner means only registered o"ner-operatorsmanagers-c(arterers including bare boat c(arteres e6cluded

46.

48.
#tates

Applies to oil pollution damage in

5 of contracting

Pollution damage means7 loss or damage caused resulting from disc(arge of oil from s(ip: Bamage includes cost of preventive measure ta4en by #tate: 50. Compensation to be limitd to costs of reasonable reinstatement actually underta4en/to be underta4en

49.

0oss of profit from environmental impairment does not ;ualify for compensation 52. conomic losses of fis(ermen and tourism sector ;ualify 53. Provided t(ere is grave and imminent t(reat of pollution damage, e6penses for preventing polution even "(en t(ere is no oil spill 54. tan4ers-cargo pollution also bun4er from laden tan4er 55. !on-persistent oil-gasoline, 4erosene e6cluded

51.

.egistered o"ner is responsible and liable !ot liable if7 Pollution due act of "ar Drave natural disaster #abotage by t(ird party Bue to direct conse;uence of negligence of public aut(orities-0ig(ts-!av aids not maintained

56. 57. 58. 59. 60. 61.

CLC 8;;=-Limitations
144. O"ner of a s(ip entitled to limit (is liability in respect of one incident of pollution to an amount145. @>>> D.$- ? million #B. 146. @>>1-1?2222 D.$- ? million M 3=> #B. per addl: D.$ 147. 13>>>> D.$ and above-@2:J Million #B.

Increase in limits
148. If one ;uarter of contracting #tates propose amendments to limit 149. Proposal to be circulated among all members 150. At least one (alf of members to attend proceedings 151. Amendment "ill be adopted if t"o t(irds of members present and voting

Amendment to limits
152. Amendment not to be increased by more t(an FC per year of t(e 12F2 limit commencing from 122? 153. 0imit not to be increased to e6ceed ? times t(e limit of 12F2 154. Amendment to increase limit not less t(an five years

=<<4 amendment of limits

155. $(ese limits increased in !ov =>>? by @>:?JCt(an4s to ri4a and !a4(od4aV 156. *p to @>>> D.$-3@1> >>> #B. 157. @>>> to 13> >>> gtr-3@1> >>> plus F?1 #B. for eac( addl: $on 158. 13> >>> and over E2 :JJ million #B. 159. O"ner "ill lose rig(t to limit if rec4less

Constitution of Fund 0- owner

O"ner conse;uent to pollution damage must constitute a Fund for t(e total sum of (is limits "it( court 63. In t(e contracting #tate "(ere damage occurred and action is broug(t 64. Once fund is deposited/ ban4 guarantee given 65. !o person can e6ercise rig(t against o"ners assets 66. 8is vessel if arrested to be released

62.

CLC-8;;=-Insurance
vessels carrying over =>>> tons persistent oil as cargo to carry insurance certificate 68. Certificate to cover (er limits as per t(is Convention 69. $o be certified by any contacting #tate 70. All vessels must carry-lest are not to enter or leave port of Contracting #tate 71. Action can be broug(t direct against insurer

67.

Insurance certificate
160. $o be certified by contracting state 161. Must contain follo"ing7 162. !ame and no: of vessel, port of registry, nsme and address of o"ner 163. $ype of security-duration of security 164. !ame and address of insurer 165. Besignation of certifying aut(ority

Competence of courts
166. Only courts of t(e #tate party to convention in "(ose territory damage occurred 167. Action only against registered o"ner or insurer 168. Claims against follo"ing pro(ibitted7 169. #ervants of o"nerK pilotKmanager operatorK c(arterer, bare boat c(arterer

FUN -8;;=
170. #econd tier of compensation to victims Fund pays if7 171. !o liability arises out of C0C Convention ie s(ip o"ner is e6empt from liability by C0C 172. Compensation for damage e6ceeds o"ners limits as per C0C 173. O"ner financially incapable
Fund does not pay if7 72. Bamage occurred in a #tate not party to fund 73. If pollution due to "ar-from "ars(ip 74. <ictim can not prove pollution from sea-going vessel 75. Bamage resulted "(olly/partly from negligence "it( intent to cause damage by t(e victim of pollution damage

FUN -8;;=-Limits
76. 77.

1?@ million #B. including amount paid by s(ip o"ner Ma6imum amount in case of natural p(enomena of e6ceptional order 78. If t(ere are t(ree contracting #tates eac( (aving persons "(ose total contributing oil of F>> million tons preceding year 79. $(e ma6imum amount =>> million #B. 80. Above 0imits increased by @?:?J C !ov =>>?-to =>? Million #B.- ri4a , !a4(od4a

FUN -Contri0utions
Any company/govt or private receiving persistent oil over 1@>>>> tons in t(at year to contribute 82. Oil from anot(er #tate-from ports of same #tate-for transs(ipment purpose-from off s(ore production platform-all included 83. 6ecutive Committee elected by assembly consisting of members from #tates 84. #ecretariat (eaded by Birector

81.

85. #tates to maintain list of importers of oil over 1@>>>> tons 174. F*!B levies annual anticipated payments to compensation and admin e6penses 175. Birector issues invoice to Contributor176. Beferred invoice system-part paid by 1st Marc( and balance if re;d: later 177. Any one contracting countryGs contribution is limited to =JC of t(e entire compensation payable 178. $(e e6cess "ill be redistributed to ot(er countries

FUN -'hird 'ier

179. May =>>?-supplementary fund 180. Optional for Fund 122= members 181. $otal limit-J@> #B. including amount payable by C0C and Fund 122= 182. F*!B is not part of *!

Convention on Inter vention on the high seas8;2;/>4

19. 1orrey canyon disaster 6?9D 20. Pollution incident on high seas 21. Posing a threat to coastal state environment 22. Parties can e'ercise right to ta%e action to minimise= mitigate grave and imminent danger of pollution

#easures 0- coastal State

Prior to ta%ing measure affected $tate must! Consult )lag $tate of vessel and other $tates affected-in e'treme emergency can act immediately 95. (otify intended measure to interested /affected parties

93. 94.

96.
re&uired

4ssist persons in distress repatriate if

97. Consult e'perts list with #, 98. #easures ta%en to be appropriate to the threat 23. 4ny undue measures ta%en to be compensated 24. /y arbitration/reconciliation

Enseaworthy ships-defintion
Part F-section GG: #$ 4ct 6?57 4 ship is unseaworthy if following are not fit in every respect for the intended voyage! 101. 1he material she is made of 102. 1he construction 103. Bualification of the master

99. 100.

25. 1he weight description and stowage of cargoHballast 26. (umber= description &ualification of crew and officers 27. 1he condition of her hull and e&uipment=boilers and machinery

,ffence under #$ 4C1

28. 4ny person who sends or attempts to send unseaworthy ship to sea from ndia port and 29. 4ny master of ndian ship who %nowingly ta%es unseawothy ship to sea such that

30. the life of any person on board is li%ely to be endangered is guilty of an offence under this 4ct unless he proves that 31. Offence-cont 104. >e had e'ercised due diligence in ma%ing her
seaworthy or 105. 1hat under the circumstances=it was reasonable and Iustifiable to send her to sea/ta%e to sea in such an unseaworthy state 106. Prosecution under this section only with the consent of central -ovt8

Collision at sea-liability
f by fault of two or more ships damage or loss is caused to all or any of them or their cargoes or loss of life/inIury of persons on board 108. *iability of vessels will in proportion of degree of their fault 109. f unable to determine proportion liability will be e&ually distributed 110. Damage / loss includes salvage e'penditure

107.

Collision-masters duty
n case of collision it is the duty of the master with out endangering his ship or crew or passengers to 112. 1o render assistance to other vessel= master and crew to save them from danger 113. 1o give to master of other vessel her name= port of registry and departure port and destination

111.

#aster0s duty-contd

32. 4fter the collision master to enter in official log boo%! 33. 4 $tatement about the collision and the circumstances under which it occurred

34. 1he log entry to be signed by master= mate and one of the crew

4ccidents to ships
114.

"hen a ship has either sustained or caused any accident 115. #aster/owner with in J: hours report cause and details of damage 116. 1o central govt/nearest Principal ,fficer-if the accident resulted in! 117. *oss of life or serious inIury any person 118. f hull or machinery damage suffered by her alters particulars of any certificate carried by vessel

,PRC
Convention on ,il pollution Preparedness and Response 6??K 120. $tate Parties underta%e all measure to respond to pollution by oil= petroleum including refined products 121. $,PEP to be prepared 122. #asters of vessels= off shore units and pilots of aircraft to report nearest coastal stations

119.

4ction on report
123.

4. $tates to determine whether incident is oil pollution 124. /. assess nature= e'tent and conse&uence 125. C. inform concerned $tates details of assessment and action ta%en/to be ta%en 126. D. use Loil pollution Reporting systemM developed by #EPC 127. E. n severe pollution inform #,

(ational/regional systems
128.
$tate party to !

129.
,PRC

Designate 4uthority with responsibility for

Establish contact points >ave a (ational contingency plan >ave minimum response e&uipment Detailed plans and communication for response= training and e'ercises 134. #echanism for co-ordination 135. 4dvise #, details of above

130. 131. 132. 133.

nternational co-operation
$tate parties to technical support to other $tates if re&uested 137. 1o facilitate arrival departure personnel/e&uipment/ships/ aircraft 138. E'change results of research on oil pollution and conduct seminars 139. $tate parties to support others in training=research= technology

136.

Reimbursement
35. f action is ta%en to combat pollution at the re&uest of other party = the cost should be reimbursed

O+1C-IN IA
183. !O#-BCP !ational Oil #pill-Bisaster contingency Plan 184. Coast guard is t(e national aut(ority under BO#-BCP 185. India divided in to t(ree regions-"est-eastAndaman and !icobar Is 186. ac( region (as 11 districts

Coast guard
Each region has a response center ,il companies= ports and oil platforms to have their own contingency plans 142. Coast guard to operate remainder of areas 143. Coast guard will co-ordinate with various resource agencies for combating oil spill

140. 141.

NOS- C+-contents
144.

Contains reporting procedure in case of oil pollution and 4ction to be ta%en by various parties on receipt of report 145. Conducting limited research in oil spill management 146. 1raining personnel fKr port= oil industry and platforms 147. Regional contingency plan for ndia= pa%istan= /angla Desh= #aldives and $ri lan%a is under preparation

*imitation of liabilities for maritime claims6?D9/6??9

36. Persons entitled to limit liability-open liability 37. Nustification/basis of limitation 38. ,wner-charterer= manager=operator 39. $alver 40. 4ny employee of owner/salver 41. insurer

Maritime claims
42. Claims subIect to limitation! 43. 4s a direct conse&uence of vessel/salvage operation 44. nIury loss of life to personnel

45. Damage to property harbour wor%snav-aids 46. Claims due delay of carrriage of cargo/passengers 47. Claims wrt! 48. Raising/removal/destruction/renderin g harmless of sun%en ship/wrec%ed/including everything on board 49. Claims wrt to rendering harmless cargo on board

Claims not subIect to **#C

148.

)ollowing claims are not subIected to limitation under this convention! 149. $alvage claims 150. -4 Contribution-+claims from cargo owner for refund due un-seaworthiness limitable. 151. ,il pollution damage+bun%er oil Convention Contracting $tates can utilise this limit. 152. (uclear damage

$ingle liability
f owner has acted with intent to cause damage/or actd rec%lessly= he loses the right to limit his liability 154. f two claimants have claim against each other from the same incident= the claims are to be limited on single liability basis 155. $ingle liability- two parties claims against each other first adIusted to single liability and then the limit of the paying ship is applied

153.

Limit of lia0ilit--contd
189.

0imits as per 00MC 122F-limitation of liability of maritime claims 190. 00MC entered in to force May =>>3

191. 192. 193. 194. 195. 196. 156.

As per 00MC 122F t(e limits are as follo"s7 *p to =>>> grt9:: = million #B. =>>1-?>,>>> grt9M 3>> #B./grt ?>,>>1-J>,>>> grt M M ?>> #B./grt J>,>>> grt999: :MMM =>> #B./grt #alvor "it( out vessel allo"ed &?>>> grt

Constituting )und
Person allowed to limit can constitute a )und in the court where proceedings are initiated 157. )und can be cash/ban% guarantee acceptable to $tate Party 158. Depending on (ational *aws persons liable can invo%e limitation with out consituting the )und

Limitation suit-

50. nvo%ing limitation proceedings does not amount to admission of liability 51. ,nce )und is constituted Vessel if arrested will be released

#ulti #odel transportation

1. *nited !ations Convention on MM$ of goods 12E> 2. -Carriage of goods by at least t"o modes of tpt: From one
#tate to anot(er/ 3. M$O-any person o"n be(alf /t(ru anot(er concludes MM$ contract Hassume responsibility and 4. Acts as principal not agent of cosigner/consignee

efinitions
1. Multi Model $ransportation Doods Act 122? as amended =>>> 2. <O-M$O-vessel o"ning Multi Model $ransport Operator 3. !<O-$O-!on-<essel O"ning9:: 4. Mode of $pt-rail,road,air,sea 5. Means of $pt: $ruc4s,train,plane,s(ip

1egistration as #'O
5. Indian citiAen-!.I must (ave office in India and doing
business in s(ipping 6. Any person "(o is o"ning a company:firm "(ic( (as in balance capitol of .s @> la4(s or 7. $(e company (as annual turn over of .s @> la4(s preceding year/average turn over @> la4( last t(ree years 8. Fee s(all be 1>>>> .s and not more t(an =>>>> .s 9. 8as offices in t"o countries

1enewal/cancellation
6. .ene"al after e6piry of certificate t(ree years 7. Cancellation if false statement given 8. Cancellation if M$O violates provisions of t(is Act

9. Cancellation if M$O not done any Multi model operation preceding t"o years from date of application for rene"al

Scope of ser vices of #'O

10. FC0 pac4ing done usually by cosigner/FF/agents and delivered to CO of M$O 11. M$O may also provide transport service to premise of consigner 12. M$O may also assist in stuffing 13. 0C0 stuffing/destuffing &done by M$O at groupage depot of CF#

Ser vices rendered 0- #'O-contd3

14. %eig(ing of Containers 15. Custom clearance-e6port formalities-foreign e6c(ange transactions-also done at CF# 16. Issue M$ Bocument/similar to ,/0 17. .eserves space for on"ard journey 18. Accepts responsibility/so liability

Contents of #'
19. 20. 21. 22. 23. 24. 25. 26. 27. 28. of la"

ocument

!ature details of goods Apparent condition and reservation !ame H place of business of M$O Place of delivery of goods Bate of delivery if agreed to Place and date of issue Freig(t details #ignature of M$O Intended journey route Any ot(er particular "(ic( is "it( in t(e force

#ulti #odel document

29. .eservations-if M$O suspects particulars given do not accurately represent cargo or unable to c(ec4 suc( particulars 30. videntiary effect of M$ Bocument-same li4e ,/0 31. .esponsibility of consigner-same as s(ipper in ,/0

1esponsi0ilit--lia0ilit- of #'O
32. 0iable for loss or damage 33. 0oss damage due to Belay if agreed-reasonable time delivery-or as agreed upon

limits of lia0ilit--#'O
34. %(en nature and value not declared-also t(e mode "(ere damage occurred un4no"n Kbut sea mode "as involved-= sdr/FFF:FF sdr 35. #ame condition as above but no sea leg-E:?? sdr/4g

#'O*S Limit of lia0ilit36. <alue not declared-mode "(ere damage occurred 4no"n-as applicable for t(at mode 37. 0iability if delayed-limited to freig(t payable for cargo so delayed

loss of right to limit

38. #ame li4e any ot(er limit-intent to damage or rec4less 39. Assessment of compensation-dis-port value

40.

!otice for damage /loss-F days

angerous goods immunit41. Consigner must inform M$O nature of Bangerous goodsMprecautions to be ta4en 42. If not, consigner liable to pay compensation if M$O incurs any loss due to t(is non-disclosure 43. Also Bangerous goods can be unloaded/destroyed-made innocuous

#'O*S lien-suit time 0ar

44. 8as a rig(t of lien on t(e cargo and on documents in possession 45. #uit filing-!ine mont(s from date of delivery of t(e cargo 46. Lurisdiction-place of ta4ing c(arge or deliveryarbitration

+ort terminals
#(ips area-mars(alling yard-area used for loading containers to vessel or vice versa 11. #tac4ing area-called CO-container yard-to and from mars(alling yard-.$D-straddle carriers 12. Dates-"eig(ing-inspection 13. CF#-Container freig(t stations-stuffing 0C0 containers-Bry port 14. ICB-inland container depot-

10.

15.

Cargo

ocumentation-e$port

47. 6port license-BF$48. Certificate of origin7 49. Issued by independent organisation-made in same country 50. Certificate of pre-s(ipment inspectionindependent aut(ority-ensure specification 51. A.-3 form-for e6cise duty e6emption for e6port 52. #eller/buyerGs contract-inco terms 53. D. 1 Form-Duarantee remittance form-foreign e6c(ange-balance of payment 54. 0OI-BC#-e6piry date 55. #(ipping bill-cargo details-freig(t details-cost of cargo &important for customs 56. 6port general manifest-

Import

ocuments

57. Import license-BF$ issues if necessary 58. ,ill of ntry-details of cargo-prepared by importer-for customs duty 59. Pac4ing list 60. #ales contract 61. Copy of invoice

State of mar/et-liner
1. Liner market 2. Liner conference/UNCTAD 3. Open/closed conferences 4. 4 /4 /! basis sharin" 5. #ind of a cartel 6. $e"ular ser%ice&schedule&port&frei"ht

State of #ar/et-Open

1. Charters

are fi'ed %oya"e to %oya"e

basis 2. ('chan"es&)altic &New *ork 3. + , "oods carried by open market& 4. Time charter/%oya"e charter

State of #ar/et-spot
1. Open market&car"oes -ships 2. Unfi'ed car"o/unfi'ed ship 3. .pot charter / -0 , of open market 4. 1rei"ht at spot market depends on demand

and supply principle

'he freight #ar/et

1. Not uniform 1. Consists of number of different part markets which are not
inter&dependent 2. No homo"enous connection with other "eo"raphic areas 3. Depend on the balance between supply and demand 4. The measure of market is 21rei"ht le%el3

Freight level
5. Oil price 6. 4ar&closer of important routes&canals 7. )ad /bumper har%est 8. 5ce bound ports&early closer 9. .ubsidies to shipyard 10. 1rei"ht le%el depends on6 11. New buildin"s&scrappin"&second hand %/l 12. Uni7ue e%ents&such as Olympic

@orld scale-0ac/ ground

1. )ack "round&world war&re7uisition of tankers by U# and U.A

2. Compensation on basis of daily hire 3. 8o%t made a%ailable re7uisitioned tankers to oil companies on payment of frei"ht to "o%t 4. 1rei"ht was determined dependin" on %oya"e 5. 1rei"ht rates were calculated each %oya"e so that after
calculatin" port costs9 bunkers canal dues etc9 the net daily allowances were the same for all %oya"es 13. This formed the basis for the principle&owners should "et same daily net re%enue irrespecti%e of %oya"e performed

@orld Scale-8;2;
6. !4orldwide Tanker Nominal 1rei"ht .cale3& schedule of rates for tankers 7. :oint London9new *ork or"anisations&non profit makin"& 8. 4orldscale Association;london<Limited and =4orldscale Association;N*C< 9. >ana"ed by tanker brokers
After the war&free market -ne"otiated percenta"e of world scale was used for payment of frei"ht 15. 0?@?&0?AA&world scale re%ised re"ularly for chan"e oil price&port costs -but the fi'ed hire element ;0A B remained constant< 16. 0?A?&3New world .cale3&was formed 17. A .tandard %essel of +/9 D4T with a daily hire of 0! B was assumed for calculatin" the frei"ht for %arious tanker %oya"es&

14.

@orld scale standard !essel 8;:;

04C/ knots )unker consumption at sea // ton/day Dort consumption / tons/day +! hrs laytime

18. 19. 20. 21.

22. 23. 24. 25. 26. 27. 28.

Danama tran +/9 dwt sit !4 hs&sueE F@ hrs $e%ised @ monthly

@orldscale-advantages
Tanker owners&subscribe 8i%es them a datum to fi' charters 7uickly As tanker load/disports are not too many possible to work out %oya"e cost and "i%e a recommended frei"ht to "et a re%enue 0! B for a standard %essel 29. Guoted as 0 , of world scale/flat or less

AF1A
10. 11. month 12. 13. 14. 15. 16. 17. 18. 19. A%era"e 1rei"ht $ate Assessment A%era"e frei"ht rate of all charters durin" a Computed by London Tanker )rokers Danel 8i%en in world scale for different routes 8i%en for fi%e different cata"ories >edium siEe HHCC&!/ &44??? Lar"e siEe $an"e 0& / &+?9??? Lar"e .iEe $an"e !& A &0/?9 ILLCHHHHH &0@ &F0?9??? ULCCHHHHHHF! 9 &/4?9???

5. A1$A does not take in to account followin"

%essels 6. Iessels under 0@/ and o%er /4?9??? ts 7. Laid up %essels 8. Iessel on protected coastal trade 9. Iessel en"a"ed in li"hterin" operations 10. 8o%tC owned %essels 11. Iessel carryin" clean products

12.

Iessel carryin" lub9 asphalt etc

Formal Safet- Assessment

187. .ational-systematic &to assess ris4 188. $o evaluate costs and benefit to reduce ris4 189. A tool to evaluate ne" regulation in s(ippingto compare "it( e6isting regulation 190. Originally developed as a response to an offs(ore platform e6plosion-1FJ lives lost

Five steps of FSA

191. 192. 193. 194. 195. Identification of (aAard Assessment of ris4 .is4 control options Cost benefit assessment .ecommendation for decision ma4ing

Five steps-simplified
196. 1: %(at mig(t go "rongI 197. =:8o" bad and (o" li4elyI 198. ?:Can matters be improvedI 199. 3:%(at "ould it costI 8o" muc( better it "ould beI 200. @:%(at actions s(ould be ta4enI

Application of FSA
$o regulatory measures "(ic( (ave far reac(ing implications in terms of cost 87. $o give clear justification for proposed measures by comparing "it( different options 88. F#A is tool to facilitate transparent decision ma4ing 89. F#A is a proactive means to assess (aAard before a serious accident occurs

86.

Use of FSA
201.

,eing applied to ,ul4 carrier safety by IMO

202. IAC# (as carried out F#A on (aAards of fore end of ,ul4 carriers 203. IAC# (as identified @1 (aAards relating to load disc(arge operations &1> of t(ese adjudged as unacceptable level of ris4 204. F#A for (ig( speed craft

Conclusion
205. F#A is (ig(ly comple6 and tec(nical 206. ,ut it offers a "ay for"ard 207. $(an "aiting until some t(ing serious "ent "rong 208. As "as done in t(e past catering for public opinion and political consideration 209. .at(er t(an assessing t(e problem tec(nically

&$planation of FSA-identification of haAard

Identification of (aAards Multi disciplinary team-systematic approac(6amination of flo" c(arts-activity description &procedures -#uitable for -soft systems/ 92. Failure mode and effects analysis-bottom up from a failure-for -(ard systems/ 93. -"(at ifI/-group brain storming in safety management

90. 91.

FSA-assessment of ris/
210. Wualitative and ;uantitative assessment of (aAard 211. Assessing li4eli(ood as "ell as conse;uence of eac( (aAard 212. 6tremely improbable-improbable-probablefre;uent 213. Minor-major-severe-catastrop(ic

FSA-1is/ control options

214. $erminate-eliminate potential &or remove e6posed personnel 215. $ransfer-,y ta4ing out influence to avoid losses 216. $olerate-can t(e acceptable ris4 be reduced in a cost effective manner 217. $reat-first reduce fre;uency-second reduce conse;uence

FSA-cost 0enefit options

Funds to manage ris4 is finite If safety costs too (ig( t(en t(e process no longer economically viable 96. .is4 can be 97. Individual ris4 98. #ociety ris4 99. nvironmental ris4 100. A0A.P concept-As 0o" As .easonably Practical

94. 95.

FSA-decision ma/ing
218. Cost benefit of decision is e;uitable to all sta4e (olders 219. O"ners, cre" , flag state, port state

*oss of /ul% carriers

159. 160. 161.
density ?? ships lost 95: lives lost Common causes-age above 65 years-high cargo-bad weather Design oriented Corrosion ,perational Cargo related

162. 163. 164. 165.

SeBuence of sin/ing

dynamic loading of cargo2water-it collapses7. Vessel sin%s in minutes-with out warning

1. Primary barrier-side shell-hatch covers-dec% 2. $econdary barrier-transverse bul% head-inner bottom 3. "hen side shell frames buc%le-it collapses 4. ngress of water and flooding of the hold 5. (ot noticeable in bad weather 6. "hen transverse bul% head in flooded hold subIected to

Design relatedhigh tensile steel

bul%heads and double bottom8 8. 1he scantling of platings was naturally reduced retaining of course the strength re&uirement of the concerned plate8 9. >owever >1 steel corrodes as &uic%ly as mild steelO 4lso these high tensile steel is prone to LspringingM phenomenon +vessel vibrates with short sea waves.

7. >igh tensile steel for side shell framing= transverse

10.

Design relatedload line Regs.

166.

Regulation JD of nternational *oad *ine Convention permits reduced freeboards on certain floatability criteria 167. /-9K reduced freeboard being utilised on the basis of flooding in any one single compartment8 168. )or a Panama' siAe bul% carrier= this provides a gain of over GKKK dwt for a relatively small increase in steel weight. 169. "ide hatch openings-narrow cross dec% strips 170. Cross dec% structure stressed 171. Vertical trun%ing connecting D/-top and hopper tan%s-increased pressure head 172. /allasting hold-sloshing damage 173. /allast water e'change-sloshing damage

corrosion
#ost important cause of structural failure $ea water corrodes steel very fast -reat la%e vessels last around 7K yearsO Enprotected steel corrodes at the rate of 8 6/8J mm per year in still water-increasing to 85 mm annually in agitated water 178. 4part from thic%ness reduction= corrosion in a&ueous medium changes &uality of steel-hydrogen embrittlement-reduces strength 179. $tudy of over :65 vessels including bul% carriers-rate of corrosion 86D mm per year 180. #ain dec% and side shell plating ma'8 corrosion 181. Coal cargo-sulphur acting with watersulphuric acid corrodes

174. 175. 176. 177.

Corrosion-$hell frames
182.

Corrosion and fatigue loading due wind and waves reduces structural strength of frames 183. )atigue crac% develops-un-noticedunattended 184. >old frame end brac%ets detaches from hopper 185. 4 buc%led frame transmits the load sideways to other frames which too buc%les 186. Domino effect

,perational causes
>igh loading rates-as such rate of loading by itself can not cause damage to structure 188. /ut it hides other dangers-incorrect distribution of cargo 189. >igh density cargo-fast rate-inaccurate shore tally-wrong distribution-overstressing vessel

187.

190.
6GJPO

Calculated $) and /# ?5P-may actually be

1orsional loading-when two loaders are used which do not deposit cargo along centerline of vessel 192. 1orsional loading of hull girder diagonally opposite tan%s are discharged to reduce longitudinal stress 193. 1hese cause damage in way of hatch opening corners and to cross dec% structure

191.

Distortion-hold structure
"hen high density cargo is loaded alternate-large shearing stresses in way of transverse bul% head 12. 4lso even in all hold loading= the height of high density cargo is low8 13. Cargo is not in contact with side structure "ave impact loads are imposed on side shell plating= there is no counteracting forces in opposite direction 15. 1ransverse bending of double bottom2shear stress in transverse bul% head

11.

14.

,ther operational causes

-rab damage-G9 ton grabs are used which due improper handling can cause heavy structural damage 195. Ennoticed due inaccessibility 196. >ydraulic hammers used to remove cargo from frames 197. Damage to hatch covers-designed for hydrostatic pressure of : mtrs 198. f corroded collapse will occur at lower pressure

194.

199. Pressure loss in hydraulic system some vessels-poor adIustment of hydro-cleatswashers 52. #arina di E&ua san% due to these reasons

53. $loshing damage -J5P-D5P depth not permitted

Fatigue life
200.

)atigue life of a structural member is te period that is re&uired for an appearance of a crac% from cyclic loading 201. Esually originates in the welds 202. )atigue crac%s-corners of hatch openings 203. "ell maintained vessel crac%s can not come with in first JK years- its usual fatigue life

>ull girder failure

7. *ongitudinal failure- due to slamming 8. 4lso due to springing length over JKK mtrs 9. 1an%er Catina overall collapse 10. Rare occasions transverse collapse of hull
girder-bul% carrier 4mphion 11. 4lso bending of hull girder lead to slac%ening of hatch cover cleats-loss of hatch cover

Cargo properties
204. 205.

Coal corrosion *i&uefaction of cargo-cargo shifts within holds-if motion of cargo is sudden e'cess local loading of structure 206. $liding-lea% from hatch cover-drips on cargoseep through it-collect at bottom-slides 207. Eniform distribution of cargo only solution

"eather related
54. n variable cause 55. $ignificant waves-wave height 56. 4dditional pressure head on hatch cover system 57. Esual head : meters-wave height in a 1R$ could cause implosion of covers

58.

*oss of Derby $hire

4ction by #,
59. $,*4$ Chapter F 60. $ingle s%in bul% carriers constructed after 6???-over 65K mtrs 61. Damage stability criteria62. Cargo density 6 ton/mG-flooding of any one hold-alternate loading condition

E'isting bul% carriers

,ld bul% carriers prior to 6???-68D7t/mG-no 6 hold-alternate loading condition 209. E$P for old bul% carriers 6K years 210. E'isting bul% carriers not satisfying structural re&uirements not to load high density cargo 211. /lac% triangle on both sides

208.

/*E Code
$hip shore co-ordination *oading plan/unloading plan $hip-shore chec% list #aster over all control *oading plan and chec% list signed by terminal rep8 4nd master 217. Copy of loading plan with port authorities

212. 213. 214. 215. 216.

4ction by #,-contd
)itting of stress monitors -uidelines for ship crew-inspection and reporting minor crac%s 220. "ater ingress monitor new addtion to solas F /6J-to be fitted by Iuly JKK: 221. 1o be fitted aft part of hold 222. Visual and audible alarm in bridge

218. 219.

223.

Revision of ** convention

4ction by Class
63. Enhanced survey 64. Close up e'amination 65. $ubstantial corrosion D5P to 6KKP dimunition 66. 1hic%ness determination 67. 1net 285 to 6mm

New Design criteria

68. 1hree dimensional finite element analysis 69. ,ptimum utilisation of steel 70. Corrosion protection coating ballast spaces 71. Corrosion coatings for cargo holds

4ction by owners
72. 73. 74. 75. ,ptional >ull condition monitoring $urvey and repair history Coating conditions Easy and convenient for planning

)uture plans
76. /anning alternate loading 77. $cantling of hatch covers 78. $tudy of vulnerable forepart 79. Double hull@ >as been vetoed in the #, meeting 80. 4pplication of rules for vessels less than 65K
mtrs (ew $olas F /6G-pumping system to drain dry bilge and ballast spaces forward of collision bul%head

224.

mmersion suit for all )ree fall life boat for new vessels Early abandonment procedure to be developed 228. /C code to be made mandatry

225. 226. 227.

Optic g-ro 6 Altitude reference s-stem

220. #olid state fully electronic digital gyro compass 221. Invariance of speed of lig(t 222. #agnac effect 223. $(ree Fibre optic coils are used as a very sensitive rate sensor 224. %(ic( measures speed of rotation of eart(

Optic g-ro
$(ree fibre optic coils and t"o electronic level sensors determine direction of rotation of eart( 102. Birectly straped on to t(e vessel 103. !o moving parts 104. Dives (eading, roll,pitc( and rate of turn in all t(ree a6is 105. Only ?> minutes settling time 106. Ideal for (ig( latitude &(ig( speed craft

101.

Sagnac effect
t(e rotation of t"o lig(t "aves traveling in opposite directions results in a p(ase s(ift: 28. If t(e aforementioned relations(ips are combined, 29. t(ey result in an e;uation for t(e lin4 bet"een #agnac p(ase and rotation rate7

27.

Polar code

81. -uidelines for ships operating in 4rctic ice covered "aters 82. $afety of navigation and pollution prevention 83. Recommendatory 84. 4dditional provisions beyond E'isting re&uirements of $olas

+OLA1 CLASS-7&N&1AL &SC1I+'ION

PC 6 Qear-round operation in all 4rctic icecovered waters 230. PC J Qear-round operation in moderate #ulti-year ice conditions 231. PC G Qear-round operation in $econd-year ice with ,ld ice inclusions 232. PC : Qear-round operation in thic% )irst-year ice with ,ld-ice inclusions 233. PC 5 Qear-round operation in medium )irstyear ice with ,ld ice inclusions 234. PC 9 $ummer/autumn operation in medium )irst-year ice which may include old ice 235. PC D $ummer/autumn operation in thin )irstyear ice with which may include ,ld ice inclusions

229.

Ce- provisions
236.

(o pollutants should be carried directly against the shell in areas at significant ris% of ice impact8 237. survival= and pollution control e&uipment should be rated for 4rctic conditions8

(avigation and communications e&uipment should be suitable for high latitudes

238.

Sta0ilit- in damaged conditions

239. 240.

1he dimensions of an ice damage ! 6 *ongitudinal e'tent K8K:5 of deepest ice waterline length 241. Centred forward of ma'imum beam on the waterline= and K8K65 of waterline length 242. Depth D9K mm measured normal to the shell 243. Vertical e'tent the lesser of K8J of deepest ice draft

SU. I!ISION AN
244. 245.

S'A.ILI'D

ntact stability in ice Polar Classes 6 to G= and icebrea%ers of all classes= when riding up in ice 246. Remaining momentarily poised at the lowest stem e'tremity= should maintain positive metacentric height of at least 65K mm=

Su0division

(o Polar Class ship should carry any pollutant directly against the outer shell8 247. 4ny pollutant should be separated by double s%in construction of at least D9K mm in width8 248. 4ll Polar Class ships should have double bottoms over the breadth and the length 8 249. Double bottoms should not be used for the carriage of pollutants

-eneral re&uirements
250. 251.
items Escape measures Public address systems and other safety 4nchoring arrangements 1owing arrangements Emergency towing arrangements )ire detection and e'tinguishing systems

252. 253. 254. 255.

* )E-$4V (- 4PP* 4(CE$ 4(D $ERV V4* 4RR4(-E#E(1$

256. 257. 258. 259. 260.

Personal survival %its +P$Cs. -roup survival %its +-$Cs. 4ll lifeboats *iferafts )ire detection and e'tinguishing systems

(4V -41 ,(4* EBE P#E(1

85. 86. 87. 88. 89. 90. 91. 92. 225. 226. 1wo gyro 1wo compasses 1wo radars Direction finder -P$ ECD $ Vision enhancement e&uipment #earc(lig(ts and visual signals <oyage data recorder Ice routing e;uipment

CRE" (ce navigators should be provided ce navigator should completed an approved training program in ice navigation8 263. 4s many as possible -dec% and engine officers should be trained in operations in ice-covered waters8 264. 4 minimum of two crewmembers should be trained in the use of shotguns or hunting rifles8

261. 262.

30.

New conventions
197. 198. 199. 200. 201. 202. 203. 204. 205. 206.
Air pollution Anne6ure <I Anti fouling IMBD Code 8!# Convention ,un4er oil convention .ecycling of s(ips Place of refuge 0oad 0ine .evision ,allast "ater e6c(ange Convention %rec4 removal Convention

AI1 +OLLU'ION0ac/ ground

144. (o'ious gases from ships< e'hausts discussed -6?DG #4RP,* Convention8 145. Decided not to include

Air +ollution-.ac/ground-Contd
Discussed in other arenas8 6?DJ E( Conf8 >uman Environment in $toc%holm- start of active intl8 cooperation in combating acid rain8 209. 6?DJ - 6?DD-studies confirmed air pollutants travel several thousand %ilometers- deposit210. Cause damage to crops and forests

207. 208.

ACI
211.

1AIN

4cid rain caused by airborne deposits -sulphur dio'ides and nitrogen o'ides8 212. Coal and oil-burning power plants biggest source of sulphur dio'ides 213. "hile nitrogen o'ides come from car= truc% and ship - e'hausts8

International Instrument
214.

n 6?D?-Convention on *ong-range 1ransboundary 4ir Pollution by G: governments and the European Community8 215. )irst international legally binding instrument to reduce $ulphur H nitrogen o'ides emissions

O"ON& LAD&1
146. 6?7K-global warming -depleting of the oAone layer= continued to grow 147. 6?7D #ontreal Protocol -chlorofluorocarbons +C)Cs. and halons that Deplete the ,Aone *ayer was signed

CFC-%alons
. 148. n shipping= C)Cs are used! 149. Refrigerate ship 150. 4ir condition crew &uarters 151. >alons= manufactured from C)Csportable fire e'tinguishers -fi'ed fire prevention systems8

Sulphur emissions
$ulphur emissions from ships< e'hausts :85 to 985 million tons per year 217. : percent of total global sulphur emissions8 218. Emissions over open seas spread out-effects moderate 219. English Channel= $outh China $ea= $trait of #alacca- environmental problems

216.

NI'1O7&N OEI &

220.

(itrogen o'ide emissions from ships -5 million tons per year 221. D percent of total global emissions8 222. (itrogen o'ide emissions cause acid rain and health problems in local areas such as harbours

CFC &#ISSIONS

152. Emissions of C)Cs shipping- G=KKK9=KKK tons - 6 to G percent of yearly global emissions8 153. >alon emissions from shipping 154. GKK to :KK tons-6K percent of world total.

1he Protocol of 6??D +#4RP,* 4nne' V .

Coming in to force on 6? may JKK5 $et limits on sulphur o'ide and nitrogen o'ide emissions from ship e'hausts 225. Prohibit deliberate emissions of oAone depleting substances 226. -lobal cap of :85P on the sulphur content of fuel oil 227. #, to monitor the worldwide average sulphur content of fuel8

223. 224.

$,' Emission Control 4reasM228. 229.

685P 4lternatively= ships must fit an e'haust gas cleaning system 231. or other technological method to limit $,' emissions8 232. /altic $ea- (orth $ea as a $,' Emission Control 4rea $tringent controls on sulphur emissions8 $ulphur content of fuel oil not to e'ceed

230.

Anne$ure !I-Contd
233.

Prohibits deliberate emissions of oAone depleting substances= halons and chlorofluorocarbons +C)Cs.8 234. (ew installations containing oAone-depleting substances are prohibited on all ships8 235. /ut new installations containing hydrochlorofluorocarbons +>C)Cs. are permitted until 6 Nanuary JKJK8

NI'1O7&N OEI &

4nne' V also sets limits on emissions of nitrogen o'ides +(,'. from diesel engines8 237. 4 mandatory (,' 1echnical Code= which defines how this shall be done= was adopted . 238. 1he 4nne' also prohibits incineration of contaminated pac%aging materials -polychlorinated biphenyls +PC/s.8

236.

Anti fouling paints

#odern chemicals industry uses metallic compounds8 240. 1hese compounds slowly ;leach; into the sea water 241. Cilling barnacles and other marine life that have attached to the ship8 242. /ut the studies have shown that these compounds persist in the water= %illing sealife ,

239.

%armful effects of '.'

243.

>arming the environment and possibly entering the food chain8 244. ,ne of the most effective anti-fouling paints= developed in the 6?9Ks= contains the organotin tributylin +1/1.= 245. 1/1 has been proven to cause deformations in oysters and se' changes in whel%s

4nti-fouling systems

1he nternational Convention- harmful antifouling systems-adopted - ,ctober JKK6-not yet in force 247. (ew convention will enter into force 6J months after J5 $tates representing J5P of the world<s merchant shipping tonnage have ratified it8

246.

Anti fouling Convention

155. Prohibit the use of harmful organotins in anti-fouling paints used on ships 156. Establish a mechanism to prevent the potential future use of other harmful substances8

Anti fouling-applica0ilit248.

Parties to the Convention are re&uired to prohibit and/or restrict the use of harmful antifouling systems on ships flying their flag 249. 4s well as ships not entitled to fly their flag but which operate under their authority8 250. 4nd all ships that enter a port= shipyard or offshore terminal of a Party8

'erms of convention
1. Applicable to #(ips of above 3>> gross tonnage and above engaged
in international voyages 2. 6cluding fi6ed or floating platforms, F#*s and FP#Os)

3. $o undergo an initial survey before t(e s(ip is put into service 4. or before t(e International Anti-fouling #ystem Certificate is issued
for t(e first timeK 5. and a survey "(en t(e anti-fouling systems are c(anged or replaced:

$hips of J: metres or more in length - less than :KK grt -international voyages +e'cluding fi'ed or floating platforms= )$Es and )P$,s. 252. 1o carry a Declaration on 4nti-fouling $ystems -signed by owner/agent8 253. 1he Declaration to be accompanied paint receipt

251.

Anne$ure 8 to Convention
254.

(o harmful anti fouling paint to be applied after Ian JKKG 255. /y 6 Nanuary JKK7 +effective date.= ships either! 256. +a. shall not bear such compoundsR or +b. shall bear a barrier coating to prevent leachingfrom the underlying non-compliant antifouling systems

I#O 1esolution

157. #, adopted a Resolution in 6??? 158. )or a global prohibition on application of harmful anti fouling paints by 6 Nanuary JKKG8 159. Complete prohibition by JKK7

@h- do we need anti-fouling?

1. <esselGs bottom gat(er 1@> 4g/s;:mtr

barnacles in si6 mont(s 2. <0CC'3>>>> s; mtr) gat(er F>>> tons 3. 3>/@>C fuel consumption 4. Anti fouling e6tends dry doc4 interval Alternative anti-fouling systems

160. Copper-based antifouling paints 161. Already e6ist and less to6ic t(an $,$ in a;uatic environment: 162. Only effective against marine fauna - to combat "eed gro"t(, 163. 8erbicides are added "(ic( may pose ne" t(reats to environment. 164. $in-free anti-fouling paints 165. 8ave proved ade;uate on passenger ferries in !ort( #ea: 166. %or4 best on vessels t(at go to dry doc4 every t(ree and a (alf years or more fre;uently 167. ,ecause some fouling does occur:
!on-stic4 coatings Contain no biocide but (ave e6tremely slippery surface - preventing 259. Preventing fouling occurring and ma4ing it easier to clean "(en it does: 260. Most suitable for vessels "it( minimum speed of ?> 4nots: Bamage to coating difficult to repair: 261. 0ig(t fouling occurs but easily removed "it( (ig(pressure (ose in annual dry doc4 visits:

257. 258.

Cleaning Periodic cleaning of (ull is most appropriate for s(ips operating in bot( sea and fres( "ater and 264. in areas "(ere fe" organisms attac( to (ull: 265. Cleaning of merc(ant s(ips involved divers using rotating brus(es or (ig(-pressure (oses:

262. 263.

!atural resistance,natural biocides #ubstance produced in nature "(ic( prevent fouling or (inder fouling process 268. ,ased on capacity of marine organism suc( as corals and sponges to remain free of fouling: .esearc( on use of natural compounds 269. in early stages, but active metabolites 'for e6ample ceratinamine and mauritiamine) (ave been identified and ne" biocides (ave been synt(esiAed: 270. K nAymes can brea4 t(e stic4ing of bacteria 't(e first p(ase of foulingTs gro"t() to t(e (ull 273. (ydrop(ilic coating 274. $(e organisms (ave no grip on (ydrop(ilic T"ettis(T surfaces. 275. Paint industry and researc( institutes are involved in

266. 267.

271. 272.

lectricity Creating a difference in electrical c(arge bet"een t(e (ull and sea "ater 278. unleas(es c(emical process "(ic( prevents fouling: $(is tec(nology Creating a difference in electrical c(arge bet"een t(e (ull and sea "ater 279. unleas(es c(emical process "(ic( prevents fouling:

276. 277.

280. $(is tec(nology s(o"n to be more effective t(an tin-free paint in preventing fouling, 168. but system is easily damaged and e6pensive: 169. Also creates increased corrosion ris4 and (ig(er energy consumption: 170.

Pric4ly coatings Coatings "it( microscopic pric4les ffectiveness depends on lengt( and distribution of pric4les: 283. $o prevent attac(ment of barnacles and algae "it( no (arm to environment: 284. Pric4les could increase "ater resistance of vessel 285. Pric4ly surfaces on static -buoys - cooling "ater inlets - option in future:

171. 281. 282.

I# 7 CO &
#ade mandatory from 6st Nan JKK: as amendment no G6 to $oals Chapter V 287. 1he Code is 1wo Volumes-D parts 288. Detailed recommendations for-operational practice -advice on terminology= pac%ing= labeling= stowage= segregation and handling= and emergency response action8

286.

!olume 8
-eneral provisions= definitions= training -classification 290. Pac%ing and tan% provisions 291. Consignment procedures 292. Construction and testing of pac%aging= /Cs=large pac%aging= portable tan%s and road tan% vehicles 293. 1ransport operations

289.

294.

!OLU#& =

172. 1he Dangerous -oods *ist +e&uivalent to the schedules in previous editions of the Code.= presented in tabular format 173. limited &uantities e'ceptions 174. 1he nde' 175. 4ppendices

Supplement
176. 177. 178. 179. 180. 181. E#$ -uide #edical )irst 4id -uide Reporting Procedures Pac%ing Cargo 1ransport Enits $afe Ese of Pesticides () Code

Amendments to I# 7 Code
4mendments to the #D- Code originate from two sourcesR 296. Directly to #, by #ember $tates 297. 4mendments to ta%e account of changes to the Enited (ations Recommendations on the 1ransport of Dangerous -oods which sets the basic re&uirements for all the transport modes 298. Enited (ations 4mendments are made on a two-yearly cycle8 299. 4 basic set of re&uirements applicable to all modes of transport is established and implemented8 300. Ensuring that difficulties are not encountered at inter-modal interfaces8

295.

%NS Convention-8;;2

>aAardous H (o'ious $ubstances (ot yet in force 1he Convention will ma%e it possible for up to J5K million $DR +about E$SGJK million. to be paid out in compensation to victims of accidents involving >($= such as chemicals8

301. 302. 303.

+ollution damage
182. t covers not only pollution damage to environment 183. /ut also the ris%s of fire and e'plosion= including loss of life or personal inIury 184. 4s well as loss of or damage to property.

%NS
6. 8!# are
lists of substances included in IMO Conventions and Codes: 7. Includes oils- ot(er li;uid substances defined as no6ious or dangerous: 8. li;uefied gases- li;uid substances "it( a flas(point not e6ceeding F>XC 9. Bangerous, (aAardous, (armful substances in pac4aged form

10.

#olid bul4 materials defined as possessing c(emical (aAards:

compensation
1he >($ Convention is based on the two-tier compensation system established under the C*C and )und Conventions 305. 8 1he Convention introduces strict liability for the ship owner and a system of compulsory insurance and insurance certificates

304.

306.

Ship owner*s Limits of lia0ilit)or ships not e'ceeding J=KKK units of gross tonnage= the limit is set at 6K million $DR 308. 4n additional 6=5KK $DR is added for each ton from JKK6 to 5K=KKKR 309. G9K $DR for each ton in e'cess of 5K=KKK units of tonnage8 310. #a'8limit amount the ship owner is liable 6KK million $DR

307.

Applica0ilit- -%NS
311.

Parties to the Convention can decide not to apply it to ships of JKK gross tonnage and below= which carry >($ only in pac%aged form on voyages between ports in the same $tate8 312. 1wo neighbouring $tates can further agree to apply similar conditions to ships operating between ports in the two countries8

Insurance certificate
185. 4 certificate of insurance covering their liability 186. #ust be on board - a copy %ept by the authorities who %eep record of the ship<s registry8

%NS-FUN
187. #econd tier of compensation from cargo receivers 188. Cargo receivers contribute to t(e -Fund/ 189. Fund pays "(en 190. O"ner not liable-"(en o"ner "as not told about 8!# Cargo

191.

Bamage due to acts of "ar

192. Bamage e6ceeds o"nerGs liability limit 193. O"ner financially incapable-insurance not ade;uate etc

Contri0utions to FFUN G
194. Cargo receivers "(o receive in an year certain minimum ;tty of 8!# contribute proportion to t(e ;tty: 195. One general account 196. $(ree separate accounts197. Oil 198. 0PD 199. 0!D

FUN

Limits

200. Ma6imum limit =@> million #B. 201. $(is =@> million #B. is inclusive of any compensation paid by s(ip o"ner

.un/er oil convention

313. 314.
of vessels Pollution from laden tan4ers e6cluded as it is covered under C0C 122= 316. Pollution damage up to 5 of #tate parties 317. !ot yet in force Adopted feb =>>1 Compensation for oil pollution damage from bun4ers

315.

efinitions
,un4er Oil is defined as -(ydrocarbon mineral oil, including lubricating oil

318.

#(ip means -any seagoing vessel and sea borne craft, of any type "(atsoever" O"ner means- -registered o"ner, bareboat c(arterer, manager and operator of t(e s(ip/ -Pollution damage/ means -loss or damage by contamination resulting for t(e escape or disc(arge of bun4er oil/: 322. Cost of preventive measure ta4en /to be ta4en also is -pollution damage/ 323. Compensation for impairment of t(e environment -ot(er t(an loss of profit from suc( impairment/ is limited to t(e cost of reasonable measures of reinstatement/:

319. 320. 321.

Strict lia0ilit- of ship owner

324. 325. 326.

O"ner liable unless pollution damage caused by7 Acts of "ar Pollution due direct result of non-maintenance of !av aids by #tate 327. $(ird party "it( intention to cause damage 328. caused /contributed by person "(o suffered pollution damage:

&$clusions

202. Follo"ing pollution damages are e6cluded from t(is convention 203. Pollution damage covered under C0C 122= 204. From "ar s(ips 205. Dovt: s(ips on non-commercial voyages

'wo or more ships

Incidents involving t"o or more s(ips %(ere an incident involving t"o s(ips occurs and It is not possible to determine from "(ic( s(ip t(e pollution came, 332. ,ot( s(ips s(all be jointly and severely liable:

329. 330. 331.

333.

Limits of lia0ilit0imits as per 00MC 122F-limitation of liability of maritime claims 335. 00MC entered in to force May =>>3 336. As per 00MC 122F t(e limits are as follo"s7 337. *p to =>>> grt9:: = million #B. 338. =>>1-?>,>>> grt9M 3>> #B./grt 339. ?>,>>1-J>,>>> grt M M ?>> #B./grt 340. J>,>>> grt999: :MMM =>> #B./grt

334.

206. In case of bun4er oil pollution along "it( ot(er property damages in t(e same incident 207. $(e pollution damage claimant "ill (ave to s(are t(e limited amount among t(e t(e ot(er claimants

Insurance certificate
.egistered o"ners of all vessels above 1>>> grt to carry insurance certified by Flag state 342. .egistered o"ners to insure against pollution as per limits laid do"n by t(eir Flag state legislation 343. <essels on domestic voyages commencing and ending in $erritorial seas are e6empted from suc( carriage

341.

)urisdiction
344. 345. 346.
damage

In t(e #tate "(ere pollution damage occurred In t(e state "(ere insurance "as given $ime limit-? years from date of incident causing

In no case more t(an si6 years from date of incident Action can be broug(t directly against t(e insurer as in C0C-8!#

347. 348.

1ec-cling of ships
349.
recycling Resolution 48?9J+JG. #, -uidelines on ship 4dvice to all sta%eholders in the recycling

350.
process=

4dministrations of ship building - e&uipment supplying countries 352. )lag= port and recycling $tates= 353. $hip owners= ship builders= repairers and recycling yards

351.

Recycling 4 -reen ndustry

208. n recycling ships= virtually nothing goes to waste8 8 209. $teel is reprocessed to become reinforcing rods 210. or as corner castings and hinges for containers8

1ec-ling-contri0utions
354.

>ydrocarbons on board become reclaimed oil products to be used as fuel in rolling mills or bric% %iln 355. (ew steel production from recycled steel re&uires only one third of the energy used for steel production from raw materials8

211. $hips< generators are reused ashore8 212. /atteries find their way into the local economy8 213. *ight fittings find further use on land8

&nvironmental haAard

1. $hips for scrapping contain environmentally

haAardous substances - asbestos= heavy metals= hydrocarbons= and oAone depleting substances 2. 1he recycling industry employs a large= uns%illed= wor%force 3. 1his could lead to an environmental haAard

7reen passport
214. 4 -reen Passport -inventory of all materials potentially haAardous to human health or the environment-used in the construction of ship to accompany the ship throughout its wor%ing life8 356.
stage Produced by the shipyard at the construction passed to the purchaser of the 1o be in a format to enable subse&uent

357.
vessel

358.
changes8

$uccessive owners to maintain the accuracy of -reen Passport 360. )inal owner delivering it= with the vessel= to the recycling yard8

359.

+lace of 1efugelegal issues

215. nternational law recogniAes the right of $tates to regulate entry into their ports

216. E(C*,$= 4rticle J- sovereignty of coastal $tate over its land territory= internal waters= archipelagic waters and the territorial sea8

+lace of refuge (legal issues-contd

1he right of a foreign ship to stop and anchor in cases of force maIeure or distress is e'plicitly referred to by E(C*,$ 362. n the case of navigation in the territorial sea +4rticle 67+J.. 363. $traits used for international navigation +4rticle G?86+c.. 364. n archipelagic waters +4rticle 54)

361.

1he right of a foreign ship to enter a port or internal waters of another $tate in situations of force maIeure or distress is not regulated by E(C*,$= 366. 4lthough this constitutes an internationally accepted practice= at least in order to preserve human life #eanwhile= the right of a coastal $tate to ta%e action to protect its coastline from marine pollution is well established in international law8 368. Relevant provisions include! E(C*,$= 4rticles 6?:= 6?5= 6?7= 6??= J66= JJ6= JJ5R 369. $alvage Convention= 4rticle ?R and 370. )acilitation Convention= 4rticle V+J.8

365.

367.

217. 1he term ;ports of refuge; had been widely used in shipping practice-butT 218. t did not appear in any of the relevant conventions 219. E(C*,$= $,*4$= $alvage= ,PRC

Salvage and port of refuge

4rticle 66 of $alvage Convention ! ;4 $tate Party shall= whenever T deciding upon matters TT8 admittance to ports of vessels in distress TTT 372. ta%e into account TT88 property in danger as well as preventing damage to the environment in general8;

371.

+lace of refuge-eri/a
220. 1= Bec 1222- ri4a bro4e in to t"o-F> miles off t(e ,rittany coast 221. 1>>>> ton bo" section-1>>>> ton stern section 222. #pilt 1>>>> totally ?>>>> tons

&ri/a
Cause -a fracture in t(e single (ull side s(ell structure caused by fatigue and cyclic, (eavy "ave loads on t(e side on t(e morning of 11 Becember: 374. Oil t(en started to lea4 and t(e tan4er as4ed for assistance: 375. 8o"ever, t(e lea4ing and damaged tan4er "as apparently denied a port of refuge and (ad to stay at sea in t(e (eavy "eat(er for anot(er day:

373.

$(e fracture developed up"ards to t(e main dec4 fractured across t(e full beam, due to t(e continued bad "eat(er: 377. $(en 1= Becember, fracture developed do"n"ards t(roug( t(e t"o longitudinal bul4(eads and t(e side s(ell on t(e opposite side of t(e original damage

376.

223. $(e only structure connecting t(e t"o parts "as t(e bottom plate, "(ic( "as ripped apart 224. %(y t(e s(ip "as denied a port of refuge to stop t(e small fracture to develop into a disasterI

+restige
6G (ovember JKKJ- the tan%er PRE$1 -E= suffered hull damage in heavy seas some GK miles off Cape )inisterre= northern $pain8 12. $he drifted to within five miles of the coast before salvage vessels were able to attach lines8 13. $he was reportedly denied access to a sheltered= safe haven in either $pain or Portugal and 14. $o= had to be towed out into the 4tlantic ,cean to face more storms and high waves8

11.

She sur i ed this onslaught o! nature !or si" da#s, with the sal ors attempting to minimise the stresses on the essel $# their direction o! tow. 379. %& No em$er the wea'ened ship !inall# san', some %() miles o!! the Spanish coast and in water a$out *,5)) meters deep. 380. +he ,R-S+./- was carr#ing a cargo o! some ((,))) tonnes o! hea # !uel oil.

378.

castor

late December JKKK-early Nanuary JKK6= Castor damaged tan%er being towed around the #editerranean $ea for over a month 383. before a place could be found where a successful lightering operation could be carried out

381. 382.

I#O-guidelines
Resolution8?:?+JG. Guidelines on places of refuge for ships in need of assistance 385. )or use when a ship is in need of assistance but the safety of life is not involved8 386. "here the safety of life is involved= the provisions of the $4R Convention should continue to be followed 387. 1he best way of preventing damage or pollution from its progressive deterioration 388. 1ransfer its cargo and bun%ers= and to repair the casualty in a place of refuge 389. -ranting access to a place of refuge a political decision on a case-by-case basis8 390. /alancing interests ship with the environment

384.

#aritime Assistance Service

$econd resolution= 48?5K+JG. Maritime Assistance Services (MAS) 392. recommends that all coastal $tates should establish a maritime assistance service +#4$.8 393. 1he principal purposes would be to receive the various reports= consultations and notifications re&uired in a number of #, instrumentsR

391.

225. #onitoring a ship<s situationR serving as the point of contact

226. /etween those involved in a marine salvage operation 227. f coastal $tate considers - it should monitor all phases of the operation8