The Challenges of the Seafaring Profession Today INTERTANKO The Challenges of the Seafaring Profession Today Minerva R. Alfonso, Maritime Advisor, INTERTANKO

Presentation Introduction Key Challenges Industry Initiatives Focus: Issue of Piracy and Armed Robbery Conclusion

International Association of Independent Tanker Owners Membership Over 2500 tankers in membership representing ca. 73% of the independent oil tanker fleet with strict membership criteria 300 + associate members in oil and chemical tanker related businesses Offices in London, Oslo, Washington, Singapore & Brussels.

ORGANISATION 15 issue-driven Committees & 5 Regional Panels Associate Members Committee Safety, Technical & Environmental Committee (ISTEC) Bunker Sub-Committee IT Committee Annual General Meeting Chemical Tanker Committee (CTC) Offshore Tanker Committee Council Chemical Tanker Sub-Committee Americas Short Sea Tanker Group Executive Committee Human Element Committee Vetting Committee Management Committee Documentary Committee Worldscale Committee Environmental Committee Shipowner Issues Sub-Committee Q-Quest Sub-Committee ASIAN REGIONAL PANEL HELLENIC FORUM LATIN AMERICAN PANEL NORTH AMERICAN PANEL 15 issue-driven Committees & 5 Regional Panels Insurance & Legal Committee

INTERTANKO Services INTERTANKO is the voice of the tanker industry - representing and promoting the interests of responsible oil and chemical tanker owners worldwide provides its members with technical, operational, legal, documentary and other support services, information and advice

VISION for the TANKER INDUSTRY Mission and Vision MISSION “Provide leadership to the Tanker Industry in serving the world with the safe, environmentally sound and efficient seaborne transportation of oil, gas and chemical products.” VISION for the TANKER INDUSTRY “A responsible, sustainable and respected Tanker Industry, committed to continuous improvement and constructively influencing its future.”

Commitment to Continuous Improvement Primary Goal Lead the continuous improvement of the Tanker Industry’s performance in striving to achieve the goals of: Zero fatalities Zero pollution Zero detentions

Seaborne Crude Oil Flows 2005

Record of Oil Spills Source: ITOPF. Number of spills above 700 tonnes.

Tanker incidents by cause 1978-2007 and accidental pollution No. incidents 1000 ts oil pollution Source: INTERTANKO/LMIU/ITOPF/various

Pollution from tankers Tonnes / billion tonne mile Tanker accidental pollution rate tonnes spilt per bn tonne miles trade bn tonne-m 1000 ts spilt -45% -33% -82% Reduction per tonne miles Source: ITOPF/Fearnleys

Presentation Introduction Key Challenges Industry Initiatives Focus: Issue of Piracy and Armed Robbery Conclusion

Key Challenges Industry Image: Meeting Society’s Expectations Expectation that Shipping should be: Safe and Secure Environmentally Responsible Reliable Efficient (low cost) Zero tolerance of: Accidents Pollution (to Sea and Atmosphere) Other (e.g. unsafe, unhealthy ship demolition)

Key Challenges Global regulation for a global industry, adopted and implemented uniformly Proliferation of unilateral regulations National and regional regulations threaten the supremacy of the International Maritime Organization. (IMO)

Human Element / Manning Issues Key Challenges Human Element / Manning Issues Shortage of qualified seafarers “Poaching” Faster promotions = outstripping the development time needed to train seafarers the development of enhanced compliance cultures The IMO Secretary-General quoted statistics suggesting that some 80 per cent of accidents are attributable in some way to human error

Inter-Industry Group The Inter-Industry Group consists of: INTERTANKO International Chamber of Shipping (ICS) Oil Companies’ International Marine Forum (OCIMF) European Chemical Industry Council (CEFIC) International Association of Classification Societies (IACS), The International Group of P&I Clubs (IG) International Parcel Tankers Association (IPTA).

IIG Conclusions The primary cause of these incidents could be attributed to the failure of the crew to follow procedures.

Recommendations To find solutions to the primary cause of the incidents, i.e. the Human Element Application of Inert Gas to new oil tankers of less than 20,000 DWT and new chemical tankers.

Det norske Veritas Analysis of Incidents reduction in the general level of experience as ships were crewed with more new recruits, retention rates declined and people were promoted faster. Loss of experience among crews was also a “stress factor” for those who continually had to train new crew members.

Tanker contracting m dwt $ bn VLCC 13. 4 $ bn Suezmax: 5.9 ” Aframax: 8.8 ” Panamax: 2.8 ” Handy: 22.9 ” (43%) Source: INTERTANKO/Clarkson Shipyard Monitor

Key Challenges Piracy Criminalization Global Financial Crisis

Presentation Introduction Key Challenges Industry Initiatives Focus: Issue of Piracy and Armed Robbery Conclusion

Industry initiatives supporting recruitment, training and retention Raising awareness of the industry, targeting young people as well as media, politicians, regulators and the public (www.maritimefoundation.com) Enhanced cooperation with educators/trainers Policies for cadet berths and training facilities on ALL new ships Programmes for maximum utilisation of cadet berths on existing ships Developing industry standards for Tanker Officer Training, covering proficiency and experience Running seminars and workshops for officers and seafarers on Tanker Industry issues (e.g. vetting seminar in Manila)

Industry initiatives supporting our crew’s welfare and well-being Speaking out against unjustified criminalisation, and challenging bad laws through the courts Actively supporting IMO-ILO guidelines on Fair Treatment of Seafarers (in event of Maritime Accident) Campaigning for improved conditions for shore access when security constraints active Working to reduce multiple and overlapping inspections Promoting solutions to lessen technical and operational burden of equipment, systems and associated paperwork Prepared guidelines for safe handling of cargoes and fuels, tank cleaning and entry, and lobbying for better HSE information on cargoes and bunkers Developed guidelines on implementing ILO Convention on “work and rest hours” Promoting higher standards of accommodation as industry “norms”; (including e.g. broadband, etc.)

TOTS - Tanker Officer Training Standards (new INTERTANKO initiative) Covers officer competences and training, as well as time in rank and time with company An alternative approach to oil companies’ “Officer Matrix” requirements, based upon “Time in Rank” and “Years with the Operator” Incorporates training modules onboard and ashore, as well as verification processes TMSA compatible Addresses “Quality and Experience”

TOTS Approvals TOTS is approved as a Professional Standard by: The Nautical Institute. The Institute of Marine Engineering Science & Technology.

The Issues Oil Company Officer Matrix Systems Contradictory Prohibits Promotion Difficult to Comply with Requirements Increasing Incidents Officer Training Human Element Factors Shortage of Experienced Officers

The TOTS Objectives Provide a coordinated response by INTERTANKO Provide comfort to Oil/Cos via a structured controlled process; Enhance competency based training; Provide verification of understanding;

The TOTS Objectives Ensure compliance with today’s rules & regulations. “Ease compliance” with Officer Matrix Requirements. Ensure that the team onboard will operate the tanker environmentally aware & safe.

TOTS Project Partners TOTS Working Group Vetting Committee HEiSC AET Ship Management (Singapore) Ltd Interorient Marine Services Minerva Marine Inc. Broere Shipping BV Brostrom Tankers SAS MOL Tankship Management (Europe) Ltd Anglo Eastern Ship Management Ltd Teekay Shipping (Canada) Ltd

TOTS Project Partners Warsash Maritime Academy Simulator Training/Verification Malaysian Maritime Academy Engineering Skills/Modules MARLINS CBA Verification

TOTS contains Four Elements Overview of TOTS TOTS contains Four Elements TOTS: Training Record Books: Time in Rank Time in Company 2. TOTS: Computer Based Assessment (CBA) 3. TOTS: Company Verification (CBA) Time with Company 4. TOTS: Ship Specific Practical Simulator Verification/Training Tanker Type Specific Time in Rank TMSA Part 3, 6, Stage 4 TMSA Part 3, 3, Stage 4, TMSA Part 3, 3A, Stage 2 & 3: TMSA Part 3, 5, Stage 3: TMSA Part 3, 11, Stage 1

CBA Training of General TOTS Pictogram INTERTANKO – Tanker Officer Training Standards (TOTS) STCW 1-4 = TOTS 1 2 3 4 Entry Level Core Competency Statutory Training STCW Reg V/1 1.2 Statutory Training STCW Reg V/1 2.2 TOTS: Company Based Rank/Ship Specific Time in Rank (Tanker) Time in Rank (General) Time in Company TMSA Part 3, 3, Stage 4 TMSA Part 3, 3A, Stage 2 & 3 TMSA Part 3, 5, Stage 3 TMSA Part 3, 11, Stage 1 Computer Based Assessment Time in Rank General Company Verification of Time with Company Simulator Training & Verification (Cargo) Time in Rank, Tanker Type Specific Modules 4A, B, C, D, E, & F TMSA Part 3, 6, Stage 4 Statutory Requirement (Voluntary TOTS) Company Training Record Book (Voluntary TOTS) CBA Time in Rank Company Verification (Voluntary TOTS) Shore Based Simulator Verification & Training IMO Tanker Endorsement Petroleum Familiarisation Model Course 1.01 Chemical (Module 1A) Command Tanker Module Master & Chief Officer (Module 1B) Senior Engineering Officers (Module 1C) Junior Deck/Engineering Officers (Module 1D) All Officers CBA Training of General Elements & General Tanker Sections Shore Based Company Assessment of Module 4B Chemical Simulator Verification Module 4D Product Simulator Verification Module 4F Crude Simulator Verification (Not: Applicable to Engineer Officers) Module 4A Chemical Simulator Training Module 4C Product Simulator Training Module 4E Crude Simulator Training

Human Element addressed in each record Book via CRM: TOTS : Time in Rank Human Element addressed in each record Book via CRM: Situational awareness Planning & Decision making Communications Teamwork Emotional climate Stress Managing Stress Commercial Organisational Pressures & Morale Fatigue

Presentation Introduction Key Challenges Industry Initiatives Focus: Issue of Piracy and Armed Robbery Conclusion

Roundtable of International Shipping Associations BIMCO, International Chamber of Shipping (ICS), INTERCARGO and INTERTANKO The Roundtable represents the entire merchant shipping industry worldwide

Roundtable Position Issue of piracy and armed robbery has been a recurring theme on the agendas of the international associations for a number of years ROUNDTABLE POSITION: It is unacceptable that merchant ships and merchant seamen should be subjected to armed attacks at sea in the 21st century.

Major concern Extremely grave threat to the lives of the crews and the safe operation of ships Not only are the attacks on an upward trend, but the level of violence has also significantly increased

IMB Annual Report 2008 shows an unprecedented rise in maritime hijacking in 2008 worldwide total of 293 incidents 49 vessels were hijacked, 889 crew taken hostage and a further 46 vessels reported being fired upon. A total of 32 crew members were injured, 11 killed and 21 missing – presumed dead. Guns were used in 139 incidents Most of these incidents occurred in Nigerian and Somalian waters

IMB Annual Report 2008 “ 2008 saw the largest tanker ever being hijacked by Somali pirates, and successful attacks being carried out at greater distances from land than in previous years. All types of vessels with varying freeboards and speeds were targeted. The pirates boarding the vessels were also better armed than in previous years and prepared to assault and injure the crew.”

Baco-Liner 2

MV Hereford Express Livestock Carrier – ballast voyage General Santos, Philippines to Broome, Australia Armed attack by unidentified water borne crafts, 7 June 2008 at 09.45 Lat 03 24.6N Long 125 05.1E (Indonesian Archipelago)

MV Hereford Express

MV Hereford Express .

MV Hereford Express .

Recommendations The Indonesian government be formally requested to clarify this incident The Indonesian authorities provide clear guide lines as to how their Marine Police and Cost Guard undertake interception of merchant vessels so that Master of merchant vessels can determine more clearly if it is an “official” approach or potential piracy attack.

Piracy Trends When looking at trends from various sources like ReCAAP, IMO and the IMB reports one thing became evident: More and more of the incidents occur in TERRITORIAL WATERS

Industry Solutions at Micro Level This will involve actions and preventive measures being taken by shipowners and their crew on each ship

Actions by seafarers Be vigilant Reduce opportunities for theft Secure Restricted Areas at all times and establish safe secure area(s) Maintain, exercise and regularly review your Ship Counter-piracy Plan Report all incidents to the coastal and Flag State authorities

The Counter-piracy Plan Actions by Seafarers The Counter-piracy Plan The need for enhanced watch keeping; use of lighting and surveillance, detection or perimeter protection equipment Crew responses if a potential attack is detected or an attack is underway The radio and alarm procedures to be followed The reports that should be made after an attack, or an attempted attack Training to ensure crew react consistently to an incident

Industry Solutions at Macro Level The industry has issued its own guidance for merchant ships to protect themselves against attacks whether in territorial waters or on the high seas Urged relevant coastal states to take effective action against attacks on merchant shipping in their territorial waters Strong support to the IMO in its efforts to tackle the problem at inter-governmental level

Solutions: Involvement by Governments The Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) The Integrated Coast Guard Network of the Maritime Organisation for West and Central Africa (MOWCA)

Solutions: Involvement by Governments The European Union’s Operation “Atalanta” This Joint Action by EUNAVFOR in the GOA, the establishment of the Maritime Security Centre Horn of Africa (MSCHOA) and the subsequent "Close Support Group Transit" system" took over the French led convoy in November 2008. INTERTANKO fully supports the work been undertaken by EUNAVFOR MSCHOA and UKMTO and has worked closely with them and provided staff on secondment to MSCHOA as "Merchant Navy Liaison Officers" Feedback from Masters who have used the MSCHOA "Group Transit Corridors" is proving excellent and recommendatory. All owners are strongly advised to register their companies with MSCHOA at their web site http://www.mschoa.eu/ 

Increasing Trends: 3 Key Aspects Very complex economic and political internal challenges for countries on the top of the list of hotspot areas Capturing perpetrators – major challenge, Art. 111 UNCLOS Right of Hot Pursuit; lack of cooperation between some regional governments; and lack of resources Loopholes in the international legal framework that undermines the effective prosecution of perpetrators

International law and Maritime Zones Under international law, the rights and obligations of states with respect to attacks against ships are dependent upon where the attack took place High seas / EEZ Territorial waters

International Treaties Geneva Convention on the High Seas of 1958 and repeated in the UN Convention on the Law of the Sea of 1982 Piracy (UNCLOS) One of the major deficiencies of the international rules concerning the suppression of piracy is its narrow definition of piracy under Art. 101

UNCLOS Article 101 Definition of piracy In order to be considered an act of piracy the following 5 elements should be fulfilled: Illegal act of violence such as robbery, murder, assault, rape Motivated by private gains Committed by persons on board a private ship Directed against another vessel High seas or outside any States jurisdictions

UNCLOS Limitations 2 ships rule – attacks by crews / stowaways not included Motivated by private gains – political terrorist type attacks not covered Most attacks happen in territorial waters; therefore acts are not punishable under Art 105. Article 111. The Right of Hot Pursuit ends when the fleeing vessel enters its own or a third state’s territorial waters

Jurisdiction in the Malacca and Singapore Straits

SUA Convention Italian cruise liner Achille Lauro 7 Oct 1985 4 armed Palestinian militants (PLF) hijacked the ship and demanded the release of 50 Palestinian prisoners held in Israel (not motivated by private gains and therefore not covered by UNCLOS) The gunmen killed a Jewish- American passenger (2 ships rule not fulfilled) In Egyptian waters (UNCLOS Art. 101 piracy definition only applicable to high seas attack) Led to the promulgation of the SUA Convention (Suppression of Unlawful Acts Against the Safety of Maritime Navigation) or more commonly known as the Rome Convention convention in order fill the gaps left by UNCLOS.

Limitations of the SUA Convention Only applicable within the jurisdiction of States party to it the decision by the parties to enforce the Rome Convention is ultimately discretionary The Convention does not provide for any sanctions against parties who fail to fulfil their treaty obligations

International law and Maritime Zones Under international law, the rights and obligations of states with respect to attacks against ships are dependent upon where the attack took place High seas / EEZ Territorial waters

Territorial Waters Within territorial waters, jurisdiction over armed robbers rests solely with the Coastal State

IMO MSC The Committee reiterates its request for Member States to provide reports to the IMO on action taken by their governments against incidents reported to have occurred in their territorial waters.

Conclusion With this I will end my presentation and I hope that it helped highlight the vulnerability of seafarers. The ship is the seafarers’ home, they are in the frontline, and it is really up to us working ashore to support them.

THANK YOU www.intertanko.com www.themaritimefoundation.com www.shippingfacts.com