Professional Documents
Culture Documents
3 | 2021
Loss Prevention
Broken davit wire on rescue boat ..........................................................................................4
Opinion: Oil spills during bunkering operations ..................................................................6
P4
Webinars..................................................................................................................................7
Inside story: Launch of the Club’s new online loss prevention training ..............................8
The extra eyes on board: AI powered marine collision avoidance ....................................11
The problem with bauxite ....................................................................................................14
Features
Interview: New Board Member Andrew Hampson ............................................................20
ESG and the life cycle of a ship............................................................................................22
P14
P&I
COVID & quarantines in an off-hire context ........................................................................28
Club launches new Rules and Exceptions website ............................................................31
COVID Update
Seafarer vaccination: overcoming the challenges..............................................................32
P28
Club Information
Employee survey 2021: Stress in a pandemic ..................................................................36
Turning detective: A Swedish mystery solved ....................................................................38
Out and about ......................................................................................................................40
Notice board..........................................................................................................................41
Staff news ............................................................................................................................42
Calendar/Quiz ......................................................................................................................43
P38
The views contained within this publication are those of the respective authors and are not necessarily those of The Swedish Club.
The Swedish Club Triton is published three times a year and distributed free of charge. The Swedish Club Triton is an editorially
triton
independent newsletter and opinions expressed by external contributors are not necessarily those of The Swedish Club. Articles
herein are not intended to provide legal advice and the Club does not accept responsibility for errors or omissions or their
consequences. For further information regarding any issue raised herein, please contact our head office in Gothenburg.
No.3 | 2021
Triton 3 2021 \ 3
Safety
LoSS pREvEnTIon
scenario
Broken davit wire on
rescue boat
By Joakim Enström, Loss Prevention Officer
Each month the Club’s Loss prevention team issues a new safety
scenario to assist members in their efforts to comply with international
safety regulations and to follow best practice. visit Swedish Club
onLine (SCoL) for more examples.
CASE STUDY was in charge of the davit winch and the This sudden increase in power
Chief Officer was monitoring from the
caused the wire to break and
the boat to fall more than 20
deck. The Master was monitoring from
The vessel was lying alongside at the the bridge.
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3. It was also the case that the electronic proximity switch This over-compensation might have been prevented if the
was not working. When the rescue boat had been washed correct fuse had been in place.
down with the high-pressure hose, moisture had entered
the system through the cover of the proximity switch, 4. According to the manufacturer’s manual, the winch
causing a short circuit. operator should stop the winch before the proximity
switch is activated. There were no marks on the davit to
The vessel’s SMS states that the crew should always indicate to the operator when to stop.
check that the proximity switch is working before they
use the rescue boat. The proximity switch was not tested.
When discussing this case please consider that the actions taken at the time made sense for all involved. Do
not only judge but also ask why you think these actions were taken and could this happen on your vessel?
Ask yourself:
• What were the immediate causes of this accident? • Do you board the rescue boat in the stowed position or at
• Is there a risk that this kind of accident could happen on deck level?
our vessel? • The risk of serious injuries increases substantially with
• How could this accident have been prevented? the height from where a survival craft is launched. What
• Which sections of our SMS would have been breached if is the height for our survival crafts?
any? • Is this height a concern?
• Is our SMS sufficient enough to prevent this kind of • Do you check the davit proximity switch before the boat is
accident? used?
• If procedures were breached why do you think this was • Are the davit limit switches included in the pMS?
the case? • Are you aware of the winch motor’s capacity and the
• It is very important to monitor sensitive electronic required diameter for the wire?
equipment on deck and ensure that it is not washed down • Do we have a risk assessment on board that addresses
or painted over. Is this addressed on board our vessel? these risks?
• Has the increased risk of electronic malfunction • Would a work permit have identified these risks?
occurring because the vessel trades between tropical and • Is there any kind of training that we should do that
colder climates been addressed? addresses these issues?
Triton 3 2021 \ 5
Opinion: oil spills
LoSS pREvEnTIon
during bunkering
operations
Pepe Bolaños
Gibraltar Strait Surveyors
We have seen oil spills during bunkering what they may see as small spills - require the levels of liquid cargo in the
happening all too frequently. In most nothing compared to major disasters cargo tanks to be regulated through the
cases these spills occur as a result of such as the Torrey Canyon. Or is that fitting of audible and light alarms which
bad practice from either the barge, the when considering the environment, it is sound when the high and overfill levels
truck or the ship during the operation. easy to believe that the problem is not (95% and 98%) are exceeded. We believe
ours and that the culprit is always that the same solution could be applied
Causes someone far away? to the bunkering process.
The most frequent causes of these spills Cargo tanks - thinking We would propose the installation of a
are: outside the box high-level device with automatic stop to
control the bunker supply in fuel storage
• Lack of preparation and control of the We believe that more can be done, and tanks. This would be technically very
valves and pipes of the nominated that in addition to the official guidance simple to install, and the benefits in
tanks by the ship's personnel. there is a simple solution to the problem avoiding oil spills would be considerable.
• Equipment failure, due to lack of of oil spills that can be found by The associated costs would almost
maintenance. examining other areas of our business. certainly be offset against the cost of
• The crew’s lack of familiarisation with fines and clean-up operations.
the process of filling, transferring and At present the control of storage tanks
emptying the fuel tanks. during bunker operations is entirely With the world increasingly focusing on
• Excess supply pressure, exceeding dependent on crew members’ knowing the environmental consequences of our
the values previously agreed between which storage tank or which valve to actions, we believe it is the duty of every
ship and barge (maximum flow rate). open or close. Of course, as we have stakeholder in the maritime industry to
• Overconfidence and unwarranted seen, sometimes they make irreparable challenge their own processes and come
distractions. mistakes that lead to tank overflows and up with ideas to address some of the
• Crew fatigue. hydrocarbon spills into the sea. environmental challenges that face us in
our workplace every day.
Industry advice Yet in the case of oil tankers and
chemical tankers, MARPOL regulations
With spills occurring with such frequency,
one could be forgiven for thinking that
crews receive insufficient advice and
instruction on handling such operations.
Yet we see any number of articles and
publications advising how to avoid
incidents of this nature. They are detailed -
covering the pre-loading plan; watch
stander and personnel duties; the training
required for bunker crew; and the
procedures that need to be put in place for
every stage in the process of bunkering.
6 / Triton 31 2021
LoSS pREvEnTIon
Anchor loss
The Swedish Club joined DNV and Gard The session covered risks and what goes 2. Set up an action plan when dropping
last month in a webinar aimed at tackling wrong during anchoring, how to prevent anchor with easy to understand actions
the problem of anchor loss. Statistics incidents, the rules and regulations, based on design limits.
show that from 2019 to 2020 loss and awareness of design limitations and
damages from loss of anchor increased causes of anchor loss/damage. Case 3. When at anchor be on a state of alert
by more than 20%. studies were presented by both The and be ready to recognise dangerous
Swedish Club and Gard, with a situations and sail away if necessary.
Experts Joakim Enström, Loss discussion on lessons learned followed
Prevention Officer from The Swedish by a question and answer session with 4. Train your crew, and they will perform
Club; Jarle Fosen, Senior Loss Prevention the audience. well under emergency situations.
Executive at Gard; Marit Norheim,
VP/Materials Specialist at DNV and The team identified four key preventative A recording of the webinar can be seen
Ioannis Tsarouchas, Principal Engineer at measures that every vessel can take: at https://www.swedishclub.com/
DNV joined to discuss exactly what is training/webinars/
going wrong, and to suggest solutions to 1. Be aware of equipment limitations,
minimise or prevent these incidents. both environmental and functional.
Triton 3 2021 \ 7
Inside story:
LoSS pREvEnTIon
Launch of
the Club’s new
online loss
prevention
training
On 24 November The Swedish Club launched Loss
Prevention Training - Online, its new, long awaited loss
prevention training programme. In this new venture, the
Loss Prevention team has combined real-life scenarios
with the opportunities provided by video and improved
connectivity, to deliver a series of online training courses
designed for high impact and realistic seafarer training Lorraine M. Hager,
both on board and onshore. Loss Prevention & Marketing Advisor
In its mission to reduce accidents, Emergency Response Training (ERT), presented - their role is to coordinate the
improve safety, save lives and protect which was being regularly organised at activity and facilitate the discussions
the environment, the Club can draw on a the premises of members before that follow.
vast amount of knowledge, experience COVID-19.
and statistics from previous claims A range of topics
incidents. Interpreting and “We thought we could package
communicating that valuable knowledge something more ‘readymade’, based on The five case studies include a tragic
to members is a vital part of the loss real life cases we have seen. With ERT we incident of personal injury on board, in
prevention programme. bring together a lot of different actors for which a seafarer lost his leg because of
the exercise – but with these online miscommunication and lack of
A real life approach packages, the training can be conducted checking. “Small things that are
at officers’ conferences or on board ship.” overlooked can lead to accidents,” says
“Our aim is to share the claims data and Hager. “We need to reinforce the
information we have with our members, The team has produced five cases, each message that a minute’s carelessness
to help them to train their seafarers to of which includes a short animated film can have serious consequences. These
improve safety and reduce risk,” says of the incident and a voiceover types of cases are terrible, but
Lorraine Hager, Loss Prevention & PowerPoint presentation on lessons sometimes the lessons learned are
Marketing Advisor at the Club. “A big learned. The facilitator should have a forgotten – seafarers need to refresh
part of that to date has been our good understanding of the scenarios their knowledge.”
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LoSS pREvEnTIon
The team has The other case studies involve a piracy advantage of it,” says Hager. “They can
produced five
attack, a stowaway, a cargo fire and a access the training material for monthly
collision. The plan is to add more cases meetings on board or whenever they
cases, each of
in the longer term. have free time.”
which includes a Successful pilot programme Users are provided with log-in details by
short animated
The Swedish Club to download the
In the initial pilot stage, four members of handouts and access the video online.
film of the
The Swedish Club have been testing the The materials are also available on USB
five packages and providing feedback to for those members concerned about
incident and a
the Loss Prevention team. This feedback their connectivity.
has been very positive, and the Club has
voiceover
used the comments received to further Cost effective
develop the programme.
powerpoint Flexibility
Loss Prevention Training – Online is
presentation on
reducing learning costs for members
because the training can be provided
lessons learned.
“Members can organise this training to anywhere, any time. “It reduces the
happen anywhere and that is the geographic constraints, and we don’t
Triton 3 2021 \ 9
LoSS pREvEnTIon
need to go to conferences or go on course we need the face-to-face training so they have more time to really think
board to help the seafarers with the as well – but this works well alongside.” about what happened in this case and
training,” says Hager. “If we update what could be done better; in this way,
materials or add to them, it is already Time for reflection the discussions will likely have more
online – there is no need to tear things depth to them because the learner has
up and start again.” There will be someone designated to had more time to consider the situation."
facilitate the training, so the discussions
Webinar launch will be ‘real’, she points out. “Probably In short, the online opportunities can be
people will have more time to think adapted to suit specific requirements, to
Following the pilot stage, the programme about the questions in this type of the advantage of those involved.
was officially launched during a webinar training, rather than having to answer on
in November. This was run as a mini the spot as you would in a ‘live’ training After the official launch, the Club will
online training session, giving webinar session. The seafarers can have the provide log-in details to interested
attendees the opportunity to get a taste opportunity to reflect more on the members.
of the training in real life for themselves. comments before moving on to the next
This webinar can be accessed by visiting slide. Alternatively, the seafarers could Alongside putting together the case
the ‘Webinars’ page on the Club’s review the case study online beforehand studies and working with the specialist
website. animations company, the Loss
Loss prevention
Prevention team is working on creating a
Easy to use new online training platform which will
Training – online is
become a hub for all of The Swedish
The videos are particularly valuable Club’s training, including the popular
reducing learning
because they are interesting and easy to Marine Insurance Course. Details will be
understand, says Hager. “They offer real announced shortly.
added value – giving users easy access
costs for members
because the training
to the training materials and providing For further information on how the Club’s
the discussion questions. During the new Loss Prevention Training – Online
can be provided
pandemic, a great deal of training has courses can support your fleet, please
gone online and there has been a lot of contact
AI powered
The extra eyes on board:
marine collision
avoidance
The Swedish Club’s analysis shows brought together marine and technical “Interestingly, Orca AI’s data confirms
that about 80 per cent of all vessel experience to develop a system that many of the collision hotspots identified
collisions take place in water which uses AI technology and machine learning by The Swedish Club’s TELP (Trade
would be defined as congested, to increase situational awareness at sea. Enabling Loss Prevention) solution.
such as approaching port, in the
anchorage, in coastal waters, in Too much information “At Orca AI, we asked – what could we
canals and rivers, or in traffic bring to the bridge that would be a real
separation scheme areas. The most Philip Nielsen, General Manager Europe, game changer?" explains Nielsen. "What
immediate cause of a collision is explains: “Most accidents happen in kind of technology could we build that
lack of situational awareness – or, congested areas such as the Straits of would enhance the capabilities we
Malacca or the English Channel, or when already had?”
to put it another way, the bridge
vessels enter and leave ports. And it seems
officer is not fully aware of what is Marine collision avoidance
the technology [on the bridge] especially in
happening around a vessel and is
not aware of the consequences of
these congested areas, gives the crew a system
somehow complex, confusing, noisy picture
what he does, whether action or of the situation. Today’s tools can actually Orca AI’s marine collision avoidance
inaction. So what are the solutions lead to a low level of situational awareness. system collects data through vision
to this ongoing problem? sensors fitted to the bridge, which
There is naturally a good match between detect multiple objects in the vicinity,
AI (artificial intelligence) is increasingly Orca AI and The Swedish Club in that then fuses this visual feed with
being used to prevent collisions and both are working to the same goal – information from the other nine existing
enhance fleet safety. A leader in this field enhancing safety and efficiency and navigational sensors, such as radar and
is Orca AI. Founded in 2018, its team reducing incidents, he says. GPS.
Triton 3 2021 \ 11
LoSS pREvEnTIon
situational awareness in congested areas Dor Raviv, CTO and co-founder of Orca
12 / Triton 3 2021
LoSS pREvEnTIon
Orca AI is working
with several
classification
societies, on the
research side to
understand and
benchmark the
deployment of AI to
ships, and on the
regulatory side to
create class
From left: Dor Raviv and Yarden Gross, co-founders of Orca AI.
investing money in
A growing need deployment of AI to ships, and on the
regulatory side to create class standards
Orca AI is currently installed on 80 ships, for systems like this.
including gas carriers, tankers, container
ships and bulkers. Installation is “AI is an enabler but doesn’t necessarily The importance of
designed to be simple – some clients create any value in itself,” says Gross. connectivity
have installed it by themselves. “Shipping companies want to see value, by
enhancing safety and reducing cost, and The rapid improvements in ship
Co-founder and CEO Yarden Gross told that is what they are investing money in. It connectivity are the real accelerator.
Triton that vessel numbers using the was important for us from the beginning to “Shipping has been super conservative,
system exceed 100 by the end of 2021. have a feedback loop and improve our more than other industries. That is
Next year the number will be 300 and he offering all the time, deploying the because ships have been isolated. But
expects to exceed 1,000 installations in capabilities that they are requesting.” now there is a major change –
connectivity is going to transform the
entire industry and it will do it very
quickly. When the ship is completely
connected to the Cloud, you will be able
to deploy technology much more easily
and make the operation more efficient.
These are exciting times.”
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The
problem
with bauxite
The IMo, in CCC.1/Circ.2/Rev.1 dated 20 September 2017, introduced a
new category of bauxite cargo, known as ‘bauxite fines’ in Group A of
the IMSBC Code. Bauxite fines are a particular type of fine-particulate
bauxite that are liable to liquefy or experience dynamic separation. The
recommendations in CCC.1/Circ.2/Rev 1 were adopted as IMo
Resolution MSC.462(101)) and came into force on 1 January 2021.
Since that resolution there still appears to the range of particle sizes in the cargo
have been a number of incidents of as loaded and using that to screen out
loading and shipment of bauxite cargoes, the high-risk cargo (Group A, prone to
which may have liquefied or exhibited moisture-induced instability) and the
dynamic separation during the voyage. low-risk cargo (Group C, not prone to
The question arises as to whether that moisture-induced instability). This is
cargo was incorrectly declared as Group illustrated by figure (i) on page 17, which
C (solid bulk cargoes not prone to depicts an ideal cargo of coarse and fine
instability) rather than being classified as particles, and examines the changing
Group A (solid bulk cargoes prone to nature of the cargo as the amount of
liquefaction) in accordance with the fines increases.
recent IMSBC code update for bauxite.
A cargo dominated by coarse particles
Differentiating between Group would be free draining and so would not
A and Group C bauxite tend to generate high pore water
pressures associated with moisture-
It is important to remember that, aside induced instability. This is called an
from bauxite fines (Group A), other kinds ‘under-filled’ soil fabric as the pores
of bauxite cargo are still classified as between the coarse particles are not
bauxite (Group C). filled by fine particles and remain
available to ensure that the material is
The objective of the IMSBC Code free draining. This would be a Group C
updates is to identify bauxite cargoes cargo. At the other extreme, a cargo
that are prone to moisture-induced consisting only of fine particles would
instabilities that can be of a sufficient not be free draining and could potentially
magnitude as to affect the vessel generate high pore water pressures
stability. Consistent with the IMSBC under adverse circumstances.
framework, this is done by considering
Triton 3 2021 \ 15
LoSS pREvEnTIon
number of
However, reality is more complicated, range should be classed as Group A,
and the coarse particles of some real unless demonstrated to be otherwise by
incidents of loading
cargoes are themselves fragile and can more sophisticated testing. Other
break down into finer particles during bauxite cargoes should be classified as
and shipment of
shipment or on soaking. For this reason, Group C.
it is very important that testing of bauxite
bauxite cargoes,
for particle size distribution be carried Bauxite fines (Group A):
out by wet sieving, with samples wetted
liquefied or
fragile coarse particles, if present, that is less than 1 mm, and
disintegrate into their finer constituents
exhibited dynamic
so that the appropriate particle size b) more than 40% of the cargo (by dry
distribution is correctly measured for weight) are particles with a diameter
separation during
cargo classification. This is recognised that is less than 2.5 mm.
in the IMSBC Code changes for bauxite
the voyage.
and bauxite fines and may well apply to It is admittedly difficult for the Master to
other lateritic solid bulk cargoes tell, from a visual inspection, whether the
produced by similar geological bauxite that is being presented for
processes. loading is to be classified as bauxite
In between, is a critical point at which fines or bauxite. In essence, the Master
there are just sufficient fines to fill the Accordingly, the Global Bauxite Working is obliged to rely on the Shipper’s Cargo
voids between the coarse particles. Group, which researched international Information Sheet (CIS). It is a long-
Theoretically, this separates the different sea-borne bauxite cargoes on behalf of standing question as to what relatively
classes of behaviour. the IMO (International Maritime simple independent checks could made
16 / Triton 3 2021
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test that is often carried out by Masters were taken for the tests should also be
to gain an impression of the cargo’s recorded and photographed.
response to dynamic impact. However, Photographs of sample locations
this test method has many limitations should not only show the immediate
that mean that the results provided are locality at which the sample is taken.
only indicative and are not conclusive. There should be lower magnification
One example of the limitations of the shots showing the position of sampling
can test is that a typical can is too small relative to the whole heap or stockpile.
to contain a representative sample of the Videos and photos of the cargo as
cargo, if the cargo contains particles offloaded from grabs or conveyor belts
with diameters that are more than about or trucks are also useful for illustrating
two centimetres. This means that only the mechanical consistency and
the fine fraction of the cargo would be behaviour of the cargo and are
tested in the can test and that may not encouraged. They can then be used for
reflect the behaviour of the overall cargo further expert analysis, should the need
with its full range of particle sizes. arise.
This is not to say that the can test The Cargo Information
should not be conducted by the Master. Sheet
As permitted by the IMSBC Code, it
should - but the limitations of the test With respect to the CIS, the Master
should not simply rely on the shipper’s
declaration of Group A or Group C but
also pay attention to the declared
Critical fines
There is no simple
Shipper’s information. There is no simple test does not mean that the cargo is
answer to this. guaranteed to be safe and a failed test
Group A or Group C.
8 of the IMSBC Code ‘for determining the record of the location and time of the
possibility of flow’, and is a simple hand test. The locations at which samples
Triton 3 2021 \ 17
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It is admittedly
In any case, the Master should request the
a visual inspection,
laboratory. It is also helpful to request the
cargo water content test results and the cargo
that is being
If the shipper has mis-declared the particle
size of the cargo and/or the correct
presented for
classification of the bauxite in the CIS, then
loading is to be
this would be a breach of the charterparty by
the Charterers.
bauxite fines or
the cargo is Group A or Group C, the general
advice is that if the cargo looks very fine and is
bauxite.
still classified as Group C, or the certificate is
inconsistent as discussed above, then raise an
alarm.
other indications
It is difficult to say with certainty which
geographical areas around the world tend to
ship bauxite fines. It is easier to identify the
conditions where bauxite fines are not usually
found:
18 / Triton 3 2021
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Triton 3 2021 \ 19
FEATURE
He spent time in the Greek and “I hope I can assist particular the supply and demand of the
from a ‘user’
incentives for me. chance of ever getting bored with the
job, this is the key factor for me.”
20 / Triton 3 2021
FEATURE
Keeping pace with environmental regulatory regulatory change and dragged along
sector needs to change from being one step together with the ownership base
All-in-one Club
billion and invests these funds into the Tufton has a positive view of the Club:
direct 100% ownership of 92 cargo Contributing to the Board “We view The Swedish Club as best in
carrying vessels – and counting. The class, says Andrew. “One of the Club’s
vessels span across the dry bulk, wet When asked about his appointment to unique selling points is its ability to
bulk, container and general cargo The Swedish Club Board, Andrew says: provide cover in both the key markets
sectors and most of the vessels are “My first reaction is to say that I feel of P&I and H&M and the capability of
operated on a time charter basis. immensely privileged to be invited to taking significant share of the risk of
join the Board particularly having the H&M slip especially when they are
Talking about his relationship with The looked at the background and CVs of the claims lead. This reduces the
Swedish Club, Andrew says: “Although the current members. placement risk for the fleet when
we are a ‘fund manager’, with respect to finding underwriters from the follow-
insurance we are no different to a “Whilst I am clearly not an insurance on market, and ensures they remain
traditional shipowner. We split the fleet specialist, I know enough about it fully involved on the claims side.
over three of the top P&I clubs with The hopefully to contribute. More
Swedish Club having around 45% of the importantly, in this ever-changing
“One of the Club’s
unique selling points is
available fleet. The Swedish Club was environment, I hope I can assist the
our first direct P&I relationship and the Board in keeping fully up to speed with
evolving, anyone
challenge, but Andrew believes that as reduces the need for expensive
an industry, the maritime sector needs external legal counsel on complex
trying to manage a
to change from being one step behind cases. We have developed very good
to being a few steps in front. “This is personal relationships with many of
shipping portfolio is necessary if we are to keep the the Club’s representatives and we look
constantly faced
attention of the investment forward to the relaxing of COVID
community,” he says, “as without that related travel restrictions so we can
with different
we cannot afford to make the once again meet in person to continue
investments and changes that will be this development and to grow the
challenges.”
required going forward. I think for too mutual support we provide one
long we have waited to be nudged by another.”
Triton 3 2021 \ 21
FEATURE
22 / Triton 3 2021
ESG and
FEATURE
environmental
a vital criterion for survival, in business corporate values, transparency, and
and on the planet. scrutiny of power and remuneration
considerations throughout structures, has boosted the standing of
Triton 3 2021 \ 23
FEATURE
24 / Triton 3 2021
FEATURE
Triton 3 2021 \ 25
FEATURE
26 / Triton 3 2021
FEATURE
Responsibility
Conclusion
Triton 3 2021 \ 27
COVID and
p&I
quarantine
in an off-hire
context Written by
In Triton 1: 2021, we looked at the by (b) one of the named causes, or (c)
meaning, the effect and the ‘any other cause’ that prevents the ‘full
potential loopholes of the BIMCO working of the vessel’. There is no
disease clause for time mention of quarantine, but there is the
charterparties. What about obvious argument that a compulsory Haris Zografakis Oliver Hutton
quarantines specifically? Where is Partner, Stephenson Claims Manager,
quarantine is ‘[an]other cause preventing
the protection for the shipowner Harwood, London Team Piraeus
the full working of the vessel’; which
when the local authorities impose circularly invites the counter-argument
quarantine restrictions, and the regarding the definition of ‘full working’. reference to quarantine as part of a
vessel is necessarily delayed for 14 standard off-hire clause. Shelltime 4
days (or longer), and the charterer It is of course well-understood that ‘full says that the vessel can be off hire ‘due
inevitably places the vessel off hire? working’ is to be defined by reference to to any delay in quarantine arising from
In this second part, we look at how, the service required of the vessel at the the master, officers or crew having had
and why, quarantines can or can’t be relevant time, so quarantine will not communication with the shore at any
off-hire events.
always fit into this as neatly as might infected area without the written
perhaps be expected. consent or instructions of Charterers or
Traditional wording their agents’ (Clause 21 (a)(iv)) or ‘due
The 1993 and 2015 forms refer to losses to detention of the vessel by authorities
The off-hire clause appearing in the of time caused by ‘any other similar at home or abroad attributable to legal
government form approved by the New cause preventing the full working of the action against or breach of regulations
York Produce Exchange (NYPE) in 1946 Vessel’. But again there is no sign of the by the vessel, the vessel's owners, or
provides the following: word ‘quarantine’: hence, perhaps, the Owners (unless brought about by the
invention and incorporation of bespoke act or neglect of Charterers)’ (21
‘That in the event of the loss of time clauses like BIMCO’s, where ‘Affected (a)(v)). The vessel goes back on hire
from deficiency of men or stores, fire, Area’ means any port or place where when ‘she is again ready and in an
breakdown or damages to hull, there is ‘a risk of quarantine or other efficient state to resume her service’.
machinery or equipment, grounding, restrictions being imposed in connection
detention by average accidents to ship with the Disease’, and the ‘costs, As before, however, wordings such as
or cargo, dry-docking for the purpose expenses or liabilities’ of ‘quarantining these can create more questions than
of examination or painting bottom, or the Vessel and its crew, shall be for the they answer. What, for example, is
by any other cause preventing the full Charterers’ account and the Vessel shall ‘legal action against … the vessel’ (and
working of the vessel, the payment of remain on hire throughout’. has such action caused the authorities
hire shall cease for the time thereby to detain the vessel)? And when, and
lost.’ Shelltime 4 how, does the vessel return to being in
an ‘efficient state’ (assuming
In other words, the vessel will be off hire It was not until 1984 that a widely-used quarantine made it inefficient in the
when there is (a) a loss of time, caused time charterparty made specific first place)?
28 / Triton 3 2021
p&I
pre-CovID cases vessel’s previous port of call. Thus, ‘the ‘efficient working’ meant efficient
action taken by the port health physical working. Even though the ship
Over the past half century, numerous authorities did prevent the full working of was prevented from working by the
cases have grappled with the precise the vessel and [therefore] did bring the action of the ITF (International Transport
meaning of these wordings. off-hire clause into play’. Workers Federation), it worked,
physically; was fully operational; and so
When the Apollo was discharging at Several years later, in 1982, in the was not off hire.
Naples in 1972, two crew members Aquacharm, the Court of Appeal judges
contracted typhus. This caused a delay agreed that if a ship remained fully What’s in a word?
in the granting of free pratique at the efficient, then it was capable of ‘full
next port in Liberia after health officers working’. The decision of the Panama All of this changed in 1997 with the
inspected the vessel and insisted that it Canal authorities that the ship could not Laconian Confidence. The Commercial
be tested and disinfected. Considering pass through the canal in ‘no way Court decided that ‘A vessel’s working
clause 15 of the NYPE form, it was held reflected upon the Aquacharm’s may be prevented by legal as well as
in the Commercial Court judgment six efficiency as a ship’; and so the ship was physical means, and by outside as well
years later that the obtaining of free not off hire. as internal causes. An otherwise
pratique was ‘no mere formality’. The totally efficient ship may be prevented
illness of the crew members required Several years later again, the Manhattan from working’ and can be off hire—but
them to be discharged to hospital at the Prince, using Shelltime 3, decided that only if the prevention results from any
Triton 3 2021 \ 29
p&I
30 / Triton 3 2021
p&I
For the first time ever, the publication is available through a The fourth edition of the publication is also available in hard
fully interactive website enabling users to easily find the copy on request.
information they need.
Whichever format you choose, both contain all the information
The new P&I Rules and Exceptions website is searchable, you need to understand the Club’s Rules.
contains easy to understand explanations with illustrations,
and will be regularly updated by the Club.
visit the new website at:
The new online format means that users can now bookmark useful
topics, create favourites and save or print off important pages. https://rulesandexceptions.swedishclub.com/
Triton 3 2021 \ 31
overcoming
CovID UpDATE
Seafarer vaccination:
the challenges
In the previous article, The Swedish “Everyone knows how important it was
Club explored the implications for to keep the shipping industry running for
P&I cover when the local authorities the whole world; in our opinion, people at
impose quarantine restrictions, and sea should have been vaccinated first,”
the vessel is delayed. But what says Hans Boers.
about the individuals involved?
Here we talk to Hans Boers, co-CEO, Founded in 1946, Boers Crew Services
at Boers Crew Services, Rotterdam, started out with one taxi picking up
for an insight into the practicalities seafarers from train stations and
transferring them to the Port of
and challenges of supporting crews
Rotterdam. Boers is now a fourth-
through the quarantine, testing and
generation family firm, organising the
vaccination routines demanded by
transport of seafarers to and from their
the COVID pandemic. vessels in ports across the Netherlands,
Belgium and Germany. The company
Having organised the transport of routinely handles more than 20,000 crew
seafarers to and from their vessels for changes a year.
three-quarters of a century, it stands to
reason that Boers Crew Services has Changing priorities Hans Boers,
handled its fair share of challenges and co-CEO, at Boers Crew Services
unusual demands. “Before the pandemic, we were busy
assisting shipowners and managers
But who could have predicted the with all crew matters – crew changes, In the end Boers brought their own
challenges that COVID -19 would bring transport, visas, and so on,” says Boers. medic into the airport to test crew who
to the industry? Did the Boers team “When the pandemic arrived, we found were transiting through. “But the
ever imagine themselves organising ourselves at the heart of the crew problem was that more and more
COVID-19 testing in extremely difficult change crisis, finding innovative seafarers arrived every day,” says Boers.
circumstances and then, ultimately, solutions to test and repatriate “We were not the only one handling crew
taking on the complex challenge of seafarers from all over the world. Now changes. Eventually, a proper test centre
vaccinating hundreds of seafarers? we are focusing on COVID-19 was set up in the transit area and we
vaccinations.” assisted the shipping companies where
In an extraordinary effort, Boers has we could.
worked to get seafarers home in the Behind the scenes of the well-
people at sea
negotiated with immigration authorities COVID-19 was throwing up all sorts of
to align visas with quarantine contradictions and issues. For example,
vaccinated first"
months provided the one-shot Johnson was no facility or process to test people
& Johnson vaccination to 1,000 for COVID-19 in the transit area.
seafarers.
32 / Triton 3 2021
CovID UpDATE
“There were a lot of Chinese seafarers “So in the end the programme started
communication with
immigration
authorities is also
important.”
CovID UpDATE
the morning and sailing in the evening, “Seafarers are coming from countries
“Seafarers are coming
from countries that
so sometimes we have to organise a that are still not organised regarding
two-port solution.” vaccinations – for example, the
Philippines, Russia, Myanmar. There
are still not organised
regarding
Boers’ own fleet of in-house cars and are many seafarers yet to be
drivers has proved invaluable in this vaccinated.”
vaccinations – for
mission. “As well as having our own
Testing issues remain
example, the
fleet, having our own visa arrangements
and communication with immigration
Philippines, Russia,
authorities is also important. When a There are still issues around testing.
ship comes into Rotterdam, usually the For example, Chinese or Indian
seafarer can only travel within the area seafarers are officially required to fly
Myanmar. There are
many seafarers yet to
of his vessel. We have relied on home direct from the country where
immigration being flexible and providing they sign off. Where there is no flight,
be vaccinated.”
a visa if we need to take seafarers to they may fly via Amsterdam. “That
Amsterdam.” means they first to have to do a test in
Spain, then fly to Amsterdam, do the
The vaccination programme in its complete test again, and then go on to “During the pandemic, we have also
current form, open for all seafarers, their home country. All the big airports had to organise for some ships to be
started on 26 July in Belgium and on 2 handling flight connections really disinfected from top to bottom after
August in the Netherlands. “This is a should have the same system.” an infection, taking all the crew off
global effort now,” says Boers. and replacing with a fresh crew.”
In extreme circumstances
Tip of the iceberg Looking back at what has been
At the end of the day, he says, “Our job achieved so far, Boers says
The programme is of huge value to is to assist our clients in whatever way communication in a pandemic is very
seafarers. Although many countries in we can. Sadly, we had to deal with important, whether that’s with
Europe and elsewhere are relatively some cases of seafarers dying of immigration or health authorities,
advanced in their rates of COVID-19 COVID-19, in the early stages of the shipowners, captains or crew. “And
vaccinations, that is not the case pandemic. In these cases, it is through all of this, for us, the most
elsewhere, Boers points out. important that our clients trust us to important thing is bringing people
take care of things. safely home.”
34 / Triton 3 2021
Save the date
15-17 June
Gothenburg, Sweden
in a pandemic
Britta Patriksson,
Director, Human Resources
36 / Triton 3 2021
CLUB nEWS
feel confident,
countries imposed various restrictions or
Given that the previous survey had been full lockdowns at different times.
comfortable, safe
carried out in 2019, of course a lot had
changed by the time the 2021 Now that employees have returned to the
in the office
How has the COVID-19 situation affected comfortable, safe and enthusiastic back
you? in the office environment, says
Triton 3 2021 \ 37
Turning
CLUB nEWS
detective
A Swedish mystery solved
In 1940, a pocket watch was Swedish, and so he decided to write to The Swedish Club
presented to Martin Johan the Swedish Embassy in London to ask
Nyblom, Sweden’s youngest ever for help. Paul wrote to The Swedish Club, saying:
sea captain. Eighty years later, in “I feel that this watch should be back in
“Right from the start I felt that this watch Sweden, preferably with a member of Mr
England, Paul Besford found the should go back to the family,” he says. “I Nyblom’s family. I feel that, at the
watch in a collection owned by just felt as soon as I saw the inscription, moment, I am looking after the watch,
his late brother. What happened it doesn’t belong to me – it belongs to until it can be returned ‘home’ to
in between isn’t clear – but now, someone else.” Sweden.”
thanks to a bit of detective work
by The Swedish Club, the watch The inscription says the watch was a gift
to a brilliant student, said The Swedish
will be going back to Nyblom’s
Club Marketing Communications
family. Manager Marina Smyth Samsjö. “Before
the various smaller P&I Clubs merged in
A sunshine story Sweden, there was one in the north,
which gave him this watch.”
To use the words of Nyblom’s niece,
Carin Guterstam, this is a ‘sunshine over to Sweden
story’. It started when Paul Besford,
retired from his career with a Online searches led to the Johnson Line
pharmaceutical company and living in (Nordstjernan) and then to information
Hornchurch, Essex, faced the task of about the youngest ever captain, who
sorting out the possessions of his late served with the line and travelled all over
brother, Mark. the world. Sadly, he died in 1977 aged
Help from the Embassy only 56, and he and his wife had no
“My brother travelled in his career and children. The next challenge was finding
there was a lot of stuff to sort out in the The Embassy was able to fill in some of a relative – not easy, given that Nyblom
house,” says Paul, 68. “My partner found the information. The inscription notes is such a common name.
a plastic case of Swiss watches, which that Martin Johan Nyblom graduated
went on to be sold. However, I kept just from a school of navigation with a “We finally found his niece, Carin, who
one silver pocket watch on a chain, navigation degree. “The inscription was very touched that Paul wanted to
because it reminded me of my mentions ‘Norrlands Ångf. Ass. Förening’ get the pocket watch back to her. We
granddad.” and I think that is ‘Norrlands Ångfartygs hope that he may be able to do this in
Assurans Förening’,” said Frida Savsjo, person before too long.”
Some time later, he looked more closely writing to Paul from the Embassy. “If so,
at the watch and discovered an that later became Sveriges Ångfartygs Carin, who lives on the island of Gotland,
inscription inside. Paul turned to Google Assurans Förening’, which seems to be was taken completely by surprise when
and established that the name was called ‘The Swedish Club’ today.” Marina called. “It was completely
38 / Triton 3 2021
CLUB nEWS
this watch
cuttings about him. Journalists wanted
to interview him because it was so
exceptional.”
to the family.”
family was really important – he sent
flowers to his mother every week.
A mystery
“When I knew him, he was working for How did the watch end up being bought
Johnson Line. Whenever he came to visit by Mark Besford? “I have no idea,” says
us, he always brought presents from Carin. “Perhaps my uncle had given it to
different parts of the world. He followed someone he liked? Or perhaps his widow
one trade route from China to India for sold it, although I don’t think so.”
quite a long time and he brought back
many exotic things for us. I also She is not sure who will keep the watch
Paul Besford with the Nyblom watch remember I got a doll from him when I in the family but says: “This gesture from
was very small – it was one of the first Paul was very nice, that he wants to give
walking dolls.” it back to the family.”
unexpected and I didn’t know anything
about it,” she says. The family tree Watch and family reunited?
Fond memories Carin’s mother, called Karin, was born in Paul says: “This has been a bit of an
1917 but when she was only one, her adventure for me. I am just so happy it
She is delighted that the watch is mother died in the flu pandemic, leaving will go back to the family. I have
coming back to the family. “My mother her father with three children under five. achieved something I really wanted to
was always talking about my uncle – he He went on to marry his second wife, achieve. It has taken time and I don’t
was her favourite sibling and a very kind also Carin – they had two children, and know when or how the watch will go
man. He was always coming to see us – Martin was one of them. Martin’s wife back to Carin. But it will get there!”
we lived in the south of Sweden and he was called Karin – “the name stays in
had a home in Stockholm. the family, with a C or a K!”.
Triton 3 2021 \ 39
Out and about
CLUB nEWS
HELMEPA International
Coastal Cleanup
On 21 October The Swedish Club’s Team Piraeus spent a day
supporting the Hellenic Marine Environment Protection
Association (HELMEPA) in its aim of safeguarding the seas
from ship-generated marine pollution.
Seminar on Donsö
11 November 2021
In collaboration with specialist law firm, Vinge, The Swedish
Club recently hosted a seminar focusing on sanctions issues
relevant for operators active in the Northern European tanker
trade.
The Club’s Director Corporate Legal, Malin Högberg, provided From left: Martyn Hughes, Anders Leissner and Malin Högberg
an overview of applicable and relevant sanctions regimes and
discussed the interaction between sanctions risks and Martyn Hughes, Senior Claims Manager FD&D at the Club
insurance cover. concluded the event by giving the audience a taste of some of
the unexpected sanctions issues the Club had assisted its
Anders Leissner, Sanctions, Shipping & Insurance Expert at members with under the FD&D cover over the last few months.
Vinge continued with a talk about due diligence and how to He illustrated that sanctions risks are now truly relevant
identify and approach sanctions risks in specific trades. everywhere.
40 / Triton 3 2021
noticeboard
noTICE BoARD
Suez Canal
With the assistance of the local correspondent, earlier
this year, a significant discount was obtained from the
Suez Canal Authority in respect of additional fees
charged for an aborted transit of the Canal.
Triton 3 2021 \ 41
Staff news
CLUB InFoRMATIon
GOTHENBURG
HONG KONG
Tammy To
Tammy joined Team Asia in September 2021 as Team Assistant.
She previously worked with a marine insurance broker in Hong
Kong.
42 / Triton 3 2021
Club Calendar 2021
In response to COVID guidelines around the world, The Swedish Club continues to restrict its programme of face
to face events. However, we are beginning to run a limited number of face to face Club events where local
circumstances permit.
We are running a programme of webinars, which you will find on our web
https://www.swedishclub.com/training/webinars/
We all hope that you keep well, and we look forward to meeting again as restrictions are lifted.
Club Quiz
Winner of Quiz No 2–2021
1. What was 2. Who are the 3. What kind
the name of parents of of food is Simon Webster
the ship that Triton? served as the Eltvedt & O’Sullivan,
sailed in 1620 1 Zeus & Hera main course at Marseille, France
to North The Swedish
X Ask & Embla
America to
2 poseidon & Club’s AGM
establish a
colony? Amphitrite dinner? The right answers to Club Quiz No 2-2021 are:
1 Ice cream X Splicing
1 Bristol
X Asparagus What is the method used to repair ruined line?
X Balmoral 2 Salmon
2 Mayflower 1 Celestial navigation
What is navigation by the stars called?
X Six days
Mail your answer to quiz@swedishclub.com The first How many days did the containership Ever Given block the
correct answer pulled out of the hat will win a prize. Suez Canal?
Contacts
The Swedish Club is a mutual marine Head Office Gothenburg
insurance company, owned and controlled Visiting address: Gullbergs Strandgata 6, 411 04
by its members. The Club writes Protection Gothenburg
& Indemnity, Freight, Demurrage & Defence, Postal address: P.O. Box 171,
Charterers’ Liability, Hull & Machinery, War SE-401 22 Gothenburg, Sweden
Risks, Loss of Hire insurance and any Tel: +46 31 638 400, Fax: +46 31 156 711
additional insurance required by E-mail: swedish.club@swedishclub.com
shipowners. The Club also writes Hull & Emergency: +46 31 151 328
Machinery, War Risks and Loss of Hire for
Mobile Offshore Units and FPSOs. Piraeus
5th Floor, 87 Akti Miaouli, 185 38 Piraeus, Greece
Follow us Tel: +30 211 120 8400, Fax: +30 210 452 5957
E-mail: mail.piraeus@swedishclub.com
Emergency: +30 6944 530 856
Hong Kong
Suite 6306, Central Plaza, 18 Harbour Road,
Wanchai, Hong Kong
Tel: +852 2598 6238, Fax: +852 2845 9203
E-mail: mail.hongkong@swedishclub.com
Emergency: +852 2598 6464
Tokyo
2-14, 3 Chome, Oshima, Kawasaki-Ku Kawasaki,
Kanagawa 210-0834, Japan
Tel: +81 44 222 0082, Fax: +81 44 222 0145
E-mail: mail.tokyo@swedishclub.com
Emergency: +81 44 222 0082
Oslo
Dyna Brygge 9, Tjuvholmen N-0252 Oslo, Norway
Tel: +46 31 638 400
E-mail: mail.oslo@swedishclub.com
Emergency: +46 31 151 328
London
New London House, 6 London Street
London, EC3R 7LP, United Kingdom
Tel: +44 7470 004 601
E-mail: swedish.club@swedishclub.com
Emergency: +46 31 151 328
www.swedishclub.com