Q. Notes on the following:
(a) London Dumping Convention.
(b) International convention relating to Intervention on the high seas in case
of Oil pollution casualties.
(a)
The London Dumping Convention (now known as London Convention) was adopted on 29 December 1972 in London and entered into force on 30 August 1975. The Convention established to control pollution of the sea by dumping of wastes which could create hazards to human health or to harm living resources and marine life, to damage amenities, and to
interfere with other legitimate uses of the sea. It also encourages regional agreements supplementary to the Convention.
It contains three Annexes: dumping of matter listed in Annex I is prohibited; dumping of matter listed in Annex II is allowable only by special permit; dumping of matter listed in annex III is allowable only by general permit.
It calls on Parties “to promote measures to prevent pollution by hydrocarbons, other matter transported other than for dumping, wastes generated during operation of ships etc., radioactive pollutants and matter originating from exploration of the sea bed.”
(b)
The Torrey Canyon disaster of 1967 revealed certain doubts with regard to the powers of States, under public international law, in respect of incidents on the high seas. In particular,
questions were raised as to the extent to which a coastal State could take measures to protect its territory from pollution where a casualty threatened that State with oil pollution, especially if the measures necessary were likely to affect the interests of foreign ship-owners, cargo
owners and even flag States.
The Convention which resulted affirms the right of a coastal State to take such measures on the high seas as may be necessary to prevent, mitigate or eliminate danger to its coastline or related interests from pollution by oil or the threat thereof, following upon a maritime casualty.
The coastal State is, however, empowered to take only such action as is necessary, and after due consultations with appropriate interests including, in particular, the flag State or States of
the ship or ships involved, the owners of the ships or cargoes in question and, where circumstances permit, independent experts appointed for this purpose.
A coastal State which takes measures beyond those permitted under the Convention is liable to pay compensation for any damage caused by such measures. Provision is made for the settlement of disputes arising in connection with the application of the Convention.The 1969 Intervention Convention applied to casualties involving pollution by oil. In view of the increasing quantity of other substances, mainly chemical, carried by ships, some of which would, if released, could cause serious hazard to the marine environment, the 1969 Brussels Conference recognized the need to extend the Convention to cover substances other than oil.
Q.Notes on the following:
(a) FAL convention and the list out the various forms those are mandatory.
(b) Certificates to be carried in Special Trade Passenger Ships.
(a)
The Convention on Facilitation of International Maritime Traffic (FAL Convention) includes in its Standard 2.1 a list of documents which public authorities can demand of a ship and recommends the maximum information and number of copies which should be required. In
its Annex, the International Maritime Organization (IMO) Convention on Facilitation of International Maritime Traffic (FAL) contains “Standards” and “Recommended Practices” on formalities, documentary requirements and procedures which should be applied on arrival, stay and departure to the ship itself, and to its crew, passengers, baggage and cargo.
IMO has developed Standardized Forms for seven of these documents, which are:
– IMO General Declaration (FAL form 1).
– Cargo Declaration (FAL form 2).
– Ship’s Stores Declaration (FAL form 3).
– Crew’s Effects Declaration (FAL form 4).
– Crew List (FAL form 5).
– Passenger List (FAL form 6).
– Dangerous Goods (FAL form 7).
Two other documents may be required under the Universal Postal Convention and the International Health Regulations. The general declaration, cargo declaration, crew list and passenger list constitute the maximum information necessary. The ship’s stores declaration and crew’s effects declaration incorporate the agreed essential minimum information
requirements.
(b)
Contents of certificate A
(1) The first of the certificates is called certificate A and shall be in the prescribed form and contain such particulars as may be prescribed.
(2) Certificate A shall contain the following statements and particulars:
(i) That the ship is seaworthy;
(ii) That the ship is properly equipped, fitted and ventilated;
(iii) The number of special trade passengers the ship is certified to carry; and
(iv) Such other particulars as may be prescribed.
(3) Certificate A shall remain in force for a period of one year from the date of issue or for such shorter period as may be specified therein.
Contents of certificate B
The second of the certificates is called certificate B and shall be in the prescribed from and shall state:
(a) the voyage which the ship is to make, and the intermediate ports (if any) at which she is to touch;
(b) that she has the proper complement of officers and seamen;
(c) that the master holds:
(i) a certificate of survey and certificate A; or
(ii) a passenger ship safety certificate accompanied by an exemption certificate, a special trade passenger ships safety certificate and a special trade passenger ship space certificate;
(d) that she has on board such number of medical officers licensed in the prescribed manner and such number of attendants, if any, as may be prescribed;
(e) that food, fuel and pure water over and above what is necessary for the crew, and the other things (if any) prescribed for special trade passenger ships or pilgrim ships, have been placed on board.
(f) in the case of a special trade passenger ship, if the ship is to make a voyage in a season of foul weather specified as such, and to carry upper-deck passengers, that she is furnished with substantial bulwarks and a double awning or with other sufficient protection against theweather;
(g) in the case of a special trade passenger ship, the number of cabin and special trade passengers embarked at the port of embarkation;
Q.
(a) What is note of protest? How it is lodged and extended?
(b) In case of suspected cargo damage during the voyage what documents are to be submitted while noting protest?
(a)
In any of the circumstances enumerated below it is advisable for the master to note a protest:
– Whenever during the voyage the ship has encountered conditions of wind and sea
which may result in damage to cargo.
– When from any cause the ship is damaged, or there is reason to fear that damage may be sustained.
– When through stress of weather it has not been practicable to adopt normal
precautions in the matter of ventilation of perishable cargo.
– When cargo is shipped in such condition that it is likely to suffer deterioration during the voyage. In this case, however, the protest will not be effective unless the bills of lading were endorsed to show the condition of the cargo at the time of shipment.
– When any serious breach of C/P terms is committed by the charterer or his agent,
such as refusal to load, unduly delaying loading, loading improper cargo, refusal to
pay demurrage, refusal to accept B’s/L in the form signed by the master, etc.
– When consignees fail to discharge cargo or take delivery thereof, and pay freight in
accordance with C/P or B/L terms.
– In all cases of general average.
– Protest should be noted as soon as possible, certainly within 24 hours of arrival in port, and in the case of cargo protests before starting cargo operation. A declaration by the master of circumstances beyond his control which may give, or may have given, rise to loss or damage. Such declaration must be made before a notary public, magistrate, a consular officer, or other authority. Usually, statements under oath will be taken from the master and other members of the crew and these statements will have to be supported by appropriate log book entries. At the time of noting protest the master should reserve the right to extend it.
(b)
The important issue, whether you are acting for the claimant or the owner, is to preserve evidence following damage to the cargo. Insofar as heavy weather is concerned, this means preserving at the very least the following:
1. Contemporaneous records of the weather actually encountered;
2. Copies of the weather forecasts relied on by the ship;
3. Details of the stowage and lashing of the cargo;
4. Details of the damage to the cargo and to the ship;
5. All the navigational records such as charts, GPS logs, course recorder, AIS download and ECDIS download, which reflects the course and speed of the vessel and the master’s response to the bad weather;
6. The stability data and, in particular, the vessel’s GM at the time of the damage. A
high GM means that the ship will revert to the upright position quickly if pushed over by a wave. An excessive GM causes massive acceleration on the ship and cargo and can lead to damage in itself; and
7. The VDR data.
As in any recovery action it is the party with the best evidence that tends to succeed and if the evidence is not timely gathered it is often lost which creates a problem for both claimant and
owner.
Q. (a) Explain the reasons for a ship to be classed with a classification society.
(b) Describe the role of “Recognised Organization” in survey and certification of ships under the authority of Flag state.
(a)
In the second half of the 18th century, London merchants, ship-owners, and captains often gathered at Edward Lloyds’ coffee house to gossip and make deals including sharing the risks and rewards of individual voyages. This became known as underwriting after the practice of
signing one’s name to the bottom of a document pledging to make good a portion of the losses if the ship didn’t make it in return for a portion of the profits. It did not take long to realize that the underwriters needed a way of assessing the quality of the ships that they were
being asked to insure. This attempted to classify the condition of the ship’s hull and
equipment. At that time, an attempt was made to classify the condition of each ship on an annual basis. The condition of the hull was classified A, E, I, O or U, according to the state of its construction and its adjudged continuing soundness (or lack thereof). Equipment was G, M, or B: simply, good, middling or bad. In time, G, M and B were replaced by 1, 2 and 3,
which is the origin of the well-known expression ‘A1’, meaning ‘first or highest class’. The purpose of this system was not to assess safety, fitness for purpose or seaworthiness of the ship. It was to evaluate risk.
In order to be registered, an ocean-going ship must be certified to be of a particular type and size and be maintained to certain minimum standards. While most states (national governments) do not insist that ships be “classed,” without a “class” category there would be considerable difficulties in operating a ship, as “class” is a requirement of insurance companies and shippers using the vessel.
(b)
Recognised Organizations
SOLAS and the other International Conventions permit the flag Administration to delegate
the inspection and survey of ships to a Recognised Organization (RO). This is in recognition of the fact that many flag Administrations do not have adequate technical experience, manpower or global coverage to undertake all the necessary statutory inspections and surveys
using its own staff.
The RO is responsible and accountable to the flag Administration for the work that it carries out on its behalf. The principles of the inspection and survey work are to a very large extent the same as in respect of classification surveys, that is, the verification by the RO that a ship is in compliance with applicable requirements at the time of the survey or inspection. The
scopes of these inspections and surveys are laid down by the relevant national laws based on International Conventions to which the Government is a signatory, together with additional instructions that may be issued by the flag Administration.
Q.(a) Explain the obligations of the carrier in respect of dangerous cargo as per
Hague rules.
(b) Explain the immunities granted to the carrier in respect of dangerous cargo as
per Hague rules.
when the goods are loaded and end when they are discharged, i.e., this probably
includes the actual loading and discharging operation.
It also allows a carrier to agree to responsibility and liability related to the goods before loading on and after discharging from the vessel. The carrier shall be bound before and at the
beginning of the voyage to exercise due diligence to:
(a) Make the ship seaworthy;
(b) Properly man, equip and supply the ship;
(c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation. Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried.
(b)
As regards to immunities, it is applicable for dangerous cargo and, it reinforces the implied term at common law that the shipper will not ship dangerous goods without the consent of the carrier. The Rule provides that when such goods are shipped without the knowledge or
consent of the carrier, not only is the carrier entitled to neutralize them at the expense of the shipper, and without any obligation to compensate the cargo-owner, but the shipper is also liable for any loss or damage resulting from their shipment.
Q. (a) Define a Port of refuge. List out the various circumstances under which Master may call port of refuge.
(b) Describe the procedures to be followed upon deviating to port of refuge and
action to be taken if general average has arisen.
(a)
A port of refuge is a port or place that a vessel diverts to when her master considers it unsafe to continue the voyage due to a peril that threatens the common safety. In November 2003 the IMO assembly adopted two resolutions addressing the issue of port of refuge for ship in distress.
Resolution A949(23):- The guidelines recognize that when a ship has suffered an incident, the best way of preventing damage or pollution from its progressive deterioration is to transfer its cargo and bunkers, and to repair the casualty. Such operation is best carried out at place of refuge. However to bring such ship at place of refuge may endanger the coastal state economically as well as environmentally. Therefore granting access to port of refuge could involve a political decision which can only be taken on case by case basis.
Resolution A950 (23):- MARITIME ASSISTANCE SERVICES (MAS) – recommends that all coastal states should establish MAS. The principal purpose would be to receive the various reports, consultations and notification required in a number of IMO instrument, monitoring a ship’s situation. If such a report indicates that a ship may be in need of assistance, the MAS serves as a point of contact and centre for exchange of information
between the ship and coastal state.
(b)
Below is the general procedure every ship would go through after giving a Port of Refuge call:
– After giving port of refuge signal, the master would inform the owners and charters about the condition of the ship.
– Ship’s exact position would be noted
– After giving out the call for port of refuge, a separate record is maintained for all
the additional expenditure that would be involved in the process
– The ship would seek for health clearance.
– An agent would be appointed who would inform the port authority, pilot, local P&I
surveyors, port health department, immigrations, customs and other necessary services required.
– The vessel would then enter as “under average”.
– Once the ship arrives at the port safely, the owners and charters would declare it
“general average”.
– A note of protest is issued, if required.
– The classification society is informed.
– In case there is any damage to the ship’s structure, the insurance agent is informed.
– In case there is damage to the ship’s cargo, P&I club is informed.
– If required, arrangement of cargo discharge, trans-shipment or warehousing of cargo is made.
– GA bond (general average bond) and GA (general average) guarantee are provided
in case the voyage is terminated.
– Once the surveyors are finished with their reports, tenders are called for repairs in association with Salvage Association Surveyor and Insurance agent.
– Completion of repairs is followed by another inspection by the class.
– If the ship is found sea worthy an interim certificate is issued for the final
certificate.
– Once the ship is allowed to continue for voyage, reloading of cargo is carried out.
– The note of protest would be extended with the details of damage and repairs.
– All bills are then paid by the port agent.
– Relevant documents are sent to the owners for onward transmission to average adjuster.
– The ship enters vessel outwards on receiving custom outward clearance.
– The voyage can then be safely continued.