http://www.westpandi.com/ List of news items. http://www.westpandi.com/Publications/News/DNVPS-Bunker-Alert---High-Sediment-in-Low-Sulphur-Fuels-off-US-Gulf-USA/ A new DNVPS Bunker Alert has just been published: High Sediment in Low Sulphur Fuels off US Gulf, USA http://www.westpandi.com/Publications/News/DNVPS-Bunker-Alert---High-Sediment-in-Low-Sulphur-Fuels-off-US-Gulf-USA/ Fri, 17 May 2013 10:00:00 GMT http://www.westpandi.com/Publications/News/MARPOL---Canada-Now-Enforcing-the-North-American-Emission-Control-Area/ In June 2012 the Club published guidance concerning the introduction on 1 August 2012 of the North American Emission Control Area (ECA) under MARPOL Annex VI. At that time Canada did not have in place the necessary legislation to enforce the new emission control requirements, and therefore continued to enforce the existing “Vessel Pollution and Dangerous Chemical Regulations” until the necessary legislation was in place. Canada has now announced the enactment of the “Regulations amending the Vessel Pollution and Dangerous Chemical Regulations” which enforce the ECA requirements in Canadian Waters: Canada continues to align air emissions measures with the United States. At this time it ... http://www.westpandi.com/Publications/News/MARPOL---Canada-Now-Enforcing-the-North-American-Emission-Control-Area/ Fri, 10 May 2013 17:30:00 GMT http://www.westpandi.com/Publications/News/DNVPS-Bunker-Alert---High-Density-Fuels-in-New-York-USA/ A new DNVPS Bunker Alert has just been published: High Density Fuels in New York, USA http://www.westpandi.com/Publications/News/DNVPS-Bunker-Alert---High-Density-Fuels-in-New-York-USA/ Tue, 07 May 2013 10:00:00 GMT http://www.westpandi.com/Publications/News/UAE---Bunker-Spillages-at-Saqr-Port-Ras-Al-Khaimah/ The Club has become aware of an unusually high number of bunker spills recently in Saqr Port, Ras Al-Khaimah. In most cases it would seem that the spillage has occurred when bunkers have been received from road tankers ashore at the time of disconnecting the road tanker’s hose from the vessel’s bunkering manifold. In the event of such an occurrence the local Port Authority imposes fines on both the supplier and receiver, regardless of who was responsible for the spill. The Saqr Port Authority schedule of charges dated 1 April 2013, states that for “Pollution of seawater whilst bunkering / de-bunkering” the fine imposed is “AED 10,000 to unlimited” (approximately USD 2,700 or more). In o ... http://www.westpandi.com/Publications/News/UAE---Bunker-Spillages-at-Saqr-Port-Ras-Al-Khaimah/ Fri, 26 Apr 2013 11:00:00 GMT http://www.westpandi.com/Publications/News/Recent-Judgement-on-Ship-Sale-and-Purchase---GRIFFON-/ In this case, the buyer, a West of England Member, contracted on 28 April 2010 to purchase the GRIFFON (a 1995 bulk carrier of 27,011 GT) under a Norwegian Saleform (1993 version) MOA, for US$22 million. By clause 2 of the standard form it was provided that: "As security for the correct fulfilment of this agreement the buyers shall pay a deposit of 10% of the purchase price within 3 banking days after this Agreement is signed by both parties and exchange by fax/email..” By clause 13 of the MOA it was provided that: "Should the deposit not be paid in accordance with Clause 2, the sellers shall have the right to cancel this Agreement, and they shall be entitled to claim compensation fo ... http://www.westpandi.com/Publications/News/Recent-Judgement-on-Ship-Sale-and-Purchase---GRIFFON-/ Tue, 23 Apr 2013 15:00:00 GMT http://www.westpandi.com/Publications/News/USA---Ballast-Water-Discharge-Rule---Frequently-Asked-Questions-Volume-I---Updated/ In May 2012 Members were advised that the United States Ballast Water Discharge Rule would enter into force on 21 June 2012. In August 2012 the United States Coast Guard (USCG) published a set of answers to Frequently Asked Questions (FAQs) (Volume I) in relation to the new legislation. In December 2012 the USCG published a further set of Frequently Asked Questions (Volume II) addressing Alternate Management Systems (AMS) and type approval of Ballast Water Management Systems (BWMS). The USCG has now updated its Frequently Asked Questions (Volume I) with a number of updates to existing questions and the addition of new questions. Further information on the United States Ballast Water Dis ... http://www.westpandi.com/Publications/News/USA---Ballast-Water-Discharge-Rule---Frequently-Asked-Questions-Volume-I---Updated/ Wed, 17 Apr 2013 10:30:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-6-20132014/ Dear Sirs, Carriage of Persistent and Non-Persistent Oil Cargoes From 20 February 2013 new arrangements apply for charging the cost of International Group Reinsurance in respect of tankers which may carry clean (meaning non-persistent) and dirty (meaning persistent) oil cargoes at different times during a policy year and in respect of OBO vessels which may carry wet and dry cargoes at different times during a policy year. As was the case under previous arrangements, in this context persistent oil means all persistent hydro-carbon mineral oils other than those falling within the definition of non-persistent oil.  Non-persistent oil is oil which consists of hydro-carbon fractions a ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-6-20132014/ Tue, 09 Apr 2013 14:30:00 GMT http://www.westpandi.com/Publications/News/USA---2013-Vessel-General-Permit/ The United States Environmental Protection Agency (EPA) has announced that the final 2013 Vessel General Permit (VGP) has now been signed. The new VGP will replace the existing 2008 VGP when the latter expires on 19 December 2013. The 2013 VGP will continue to regulate the same 26 discharge categories that are incidental to vessel operations contained in the original 2008 VGP. Fish hold effluent will be added to these 26 categories if the congressional moratorium on this particular discharge ends in December 2013. There are a number of changes in the 2013 VGP which Members will need to consider: Numeric ballast water discharge limits for most vessels are included which are mostly al ... http://www.westpandi.com/Publications/News/USA---2013-Vessel-General-Permit/ Fri, 05 Apr 2013 15:30:00 GMT http://www.westpandi.com/Publications/News/Bangladesh---Anchoring-off-Chittagong-Port/ A recent article published by Coast to Coast P&I Services Ltd., Bangladesh, has highlighted the various challenges facing vessels anchoring off the port of Chittagong. Located near the mouth of the Sandwip channel the anchorages off Chittagong are subjected to strong tidal streams and currents averaging over 6 knots at spring tides, which may increase further when it has rained heavily inland. The strong tides and current, coupled with moderate to poor holding ground makes anchoring difficult. Masters may find they need to use a large scope of anchor cable when considering the limited water depth, and main engines should be maintained on standby during spring tides as it is possible ... http://www.westpandi.com/Publications/News/Bangladesh---Anchoring-off-Chittagong-Port/ Fri, 05 Apr 2013 15:00:00 GMT http://www.westpandi.com/Publications/News/Iraq---Grain-Shortage-and-Damage-Claims-at-Umm-Qasr/ Baghdad correspondents Sadiq Jaafar & Associates have advised the Club of a new development in Iraq regarding wheat and other grain cargoes consigned to the Iraqi Grain Board (IGB) at the port of Umm Qasr. Before permission to discharge is granted, IGB representatives draw cargo samples from each hold which are then sent to Baghdad for analysis. This usually takes place while the vessel is at anchor. If the analysis results are satisfactory, the ship is allowed to berth. Owners may also take samples if they wish. The cargo is discharged into trucks on the quay. The trucks are weighed on entering the port when empty and re-weighed when leaving. The official outturn is based on the w ... http://www.westpandi.com/Publications/News/Iraq---Grain-Shortage-and-Damage-Claims-at-Umm-Qasr/ Wed, 03 Apr 2013 10:30:00 GMT http://www.westpandi.com/Publications/News/Turkey---Environmental-Pollution-Fines---Updated-for-2013/ The Club continues to encounter instances of vessels being fined in Turkish waters for pollution by substances other than oil. Section 8 of the Turkish Environmental Code 1983 states (in part) that: “It is prohibited, to introduce into, store in, transport to or remove from the receptor area any discharge or waste in such a way as to inflict damage on the environment or in a way directly or indirectly in contradiction with the standards and methods specified in the pertinent regulations, or to engage in similar activities”. This provision is widely interpreted and rigorously enforced, to the extent that vessels have even been fined for pumping out clean ballast water. Ships at anchor o ... http://www.westpandi.com/Publications/News/Turkey---Environmental-Pollution-Fines---Updated-for-2013/ Thu, 28 Mar 2013 11:30:00 GMT http://www.westpandi.com/Publications/News/Colombia---Container-Vessels-Calling-at-TCBuen-Terminal-Buenaventura/ Colombia correspondents Marventura Services Limitada have advised the Club of a significant safety issue relating to the berthing of large container vessels at TCBuen terminal in Buenaventura (Sociedad Portuaria Terminal de Contenedores de Buenaventura). TCBuen has been involved in a legal dispute with the Buenaventura Harbour Master regarding the maximum size of ship permitted to berth at the terminal. In the past, vessels with a length overall (LOA) of up to 296m have reportedly berthed at TCBuen. However, in July 2012 the terminal agreed to accept a vessel with an LOA of 300m. This prompted the Harbour Master to re-evaluate the risk of berthing large container vessels at TCBuen follo ... http://www.westpandi.com/Publications/News/Colombia---Container-Vessels-Calling-at-TCBuen-Terminal-Buenaventura/ Tue, 26 Mar 2013 10:30:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-5-20132014/ Dear Sirs,  Iran Sanctions – US Legislation  The International Group has recently published FAQ's about US sanctions in respect of Iran and their impact on shipping and insurance.  The FAQ's summarise the relevant US statutes and Executive Orders in respect of Iran as they apply to non US persons and entities. Members doing business which may have an Iranian connection are likely to be interested in the FAQ’s but should also consider  taking detailed legal advice as appropriate in respect of such activities.  A copy of the FAQ's can be downloaded from the link below.  http://www.igpandi.org/News+and+Information/News/2013/240  Yours faithfully For:& ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-5-20132014/ Mon, 25 Mar 2013 10:59:00 GMT http://www.westpandi.com/Publications/News/UKHO---Counterfeit-Charts-and-Publications/ The United Kingdom Hydrographic Office (UKHO) has recently published a warning concerning a noticeable increase in the number of counterfeit Admiralty charts and nautical publications in circulation. Counterfeit charts and publications may contain errors making them unsuitable for passage planning and passage monitoring. In addition to breaching copyright laws, vessels using such material will not be complying with SOLAS requirements and may be exposed to Port State Control sanctions. Members are urged to ensure that only official charts and publications from trusted suppliers are provided to their vessels. Further information including guidance on how to spot counterfeit charts and pu ... http://www.westpandi.com/Publications/News/UKHO---Counterfeit-Charts-and-Publications/ Tue, 19 Mar 2013 17:00:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-members-No-4-20132014/ Translations: Chinese   Dear Sirs, Entry into Force of the Maritime Labour Convention, 2006 (MLC) Background The International Labour Organization (ILO) adopted the MLC (http://www.ilo.org/global/standards/maritime-labour-convention/WCMS_090250/lang--en/index.htm) on 23 February 2006.  Following ratification of the Convention by the thirtieth State on 20 August 2012, the Convention will enter into force internationally on 20 August 2013.  As of 27 February 2013, thirty five States have now ratified the Convention.  A list of those States that have ratified the MLC can be found at: http://www.ilo.org/dyn/normlex/en/f?p=1000:11300:0::NO::P11300_INSTRUMENT_ID:312331 ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-members-No-4-20132014/ Wed, 06 Mar 2013 11:17:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-3-20132014/ Translations: Chinese   Dear Sirs, Electronic (Paperless) Trading Systems - Bolero International Ltd and Electronic Shipping Solutions – updated ESS DSUA version 2013.1 This circular confirms approval by the International Group of P&I Clubs (the Group) of an updated version of Electronics Shipping Solutions (ESS)’s electronic trading system.  This version is called DSUA 2013.1 and it enables electronic trading both in respect of bills of lading and waybills. It supersedes ESS’s previous electronic trading system DSUA 2009.3 which remains approved for the purposes of Club cover. DSUA 2013.1 will come into effect as of 18 March 2013. Members will recall as reported in our ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-3-20132014/ Wed, 06 Mar 2013 11:07:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-2-20132014/ Translations: Chinese   Dear Sirs, Australian Pollution Law – Oil Pollution Indemnity Clause for Penalties and Fines In October 2012, an International Group recommended charterparty clause was drafted to address the concerns raised by owners and charterers in respect of the amendments to Australian legislation1  introducing increased penalties for pollution from ships and damage to the marine environment. Since the recommended clause was circulated to Members, there have been further developments in relation to the Australian legislation and further consideration of the wording of the recommended clause, which has been updated as attached and further explained below: Increa ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-2-20132014/ Tue, 05 Mar 2013 10:30:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-1-20132014/ Dear Sirs, US PollutionCalifornia – Changes in Certificates of Financial Responsibility (COFR) Requirements Members are requested to note the relevant provisions in the CA Code of Regulations (CCR) on evidence of financial security and renewal procedures for CA certificates of financial responsibility (COFRs) published by the Californian (CA) Office of Spill Prevention and Response (OSPR) and currently effective. Before operating in CA marine waters, tank and non-tank vessels are required to submit their certificate of entry (CoE) at least ten (10) calendar days prior to operating or entering these waters, in order to apply for a CA COFR.  This requirement supersedes the requirem ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-1-20132014/ Wed, 27 Feb 2013 08:18:00 GMT http://www.westpandi.com/Publications/News/Loss-Prevention-Safety-Alert---Testing-Iron-Ore-Fines-for-the-Presence-of-DRIC/ A new Loss Prevention Safety Alert has just been published: Testing Iron Ore Fines for the Presence of DRI(C) http://www.westpandi.com/Publications/News/Loss-Prevention-Safety-Alert---Testing-Iron-Ore-Fines-for-the-Presence-of-DRIC/ Fri, 22 Feb 2013 16:30:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-28-20122013/ Translations: Chinese   Dear Sirs Maritime Labour Convention 2006 Members are reminded that the Maritime Labour Convention 2006 (MLC 2006) will enter into force on 20 August 2013 when, together with SOLAS, MARPOL and STCW, it will become the “fourth pillar” of the international maritime industry’s regulatory framework.Background MLC 2006 is intended to provide all seafarers with decent working and living conditions regardless of nationality or flag. It is also designed to address any concerns that may arise if such conditions fail to meet flag Administration requirements regarding compliance with the Convention. In broad terms MLC 2006 covers the payment of wages, safe and secur ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-28-20122013/ Fri, 15 Feb 2013 14:06:00 GMT http://www.westpandi.com/Publications/News/Changes-in-the-law-affecting-personal-injury-claims-in-China/ The Managers are grateful to Messrs. Wang Jing & Co (http://www.wjnco.com/) for their advice concerning a recent announcement by the PRC Supreme Court that the Rules for Trial of Cases over Compensation for Foreign-related Maritime Casualties 1992 (the 1992 Rules) have been abolished with effect from 18th January 2013.  Instead, the general provisions of the PRC Maritime Code and official interpretations by the PRC Supreme Court concerning compensation for personal injury claims will be applied.  The most striking impact of the abolition of the 1992 Rules is that the maximum compensation limit of RMB 800,000 per person for injuries or loss of life arising from “foreign-rel ... http://www.westpandi.com/Publications/News/Changes-in-the-law-affecting-personal-injury-claims-in-China/ Tue, 12 Feb 2013 16:38:00 GMT http://www.westpandi.com/Publications/News/UAE---Anchoring-off-Fujairah-and-Khorfakkan/ Club Correspondents Gulf Agency Co have advised the Managers that the Port of Fujairah is blacklisting vessels that have violated Port of Fujairah Notice to Mariners No. 159 and Sharjah Port Authority Notice to Mariners No. 101/2012, by anchoring in prohibited areas adjacent to United Arab Emirates territorial waters. Vessels identified as having anchored in the restricted areas off Fujairah and Khorfakkan will reportedly be blacklisted, permanently it would seem, and will not be permitted to call at the port of Fujairah or anchor in Fujairah Offshore Anchorage. Port of Fujairah Notice to Mariners No. 159 draws attention to two areas where anchoring is prohibited and Sharjah ... http://www.westpandi.com/Publications/News/UAE---Anchoring-off-Fujairah-and-Khorfakkan/ Tue, 12 Feb 2013 16:00:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-27-20122013/ Dear Sirs, Notice to Members An Extraordinary General Meeting of the Members of the Association was held on  Wednesday, 6 February 2013 in the Steigenberger Grand Hotel Brussels, Avenue Louise 71, 1050 Brussels, Belgium  and the following  SPECIAL RESOLUTIONS were passed:  A. SPECIAL RESOLUTION THAT alterations to certain Rules of Class 1 and Class 2 be made to take effect from noon GMT on 20 February 2013. B. SPECIAL RESOLUTION THAT alterations to the Constitution be made to take effect from noon GMT on 20 February 2013. C. SPECIAL RESOLUTION THAT the date of the Annual General Meeting for 2014 is to take place (exceptionally at the request of ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-27-20122013/ Tue, 12 Feb 2013 08:00:00 GMT http://www.westpandi.com/Publications/News/Oil-pollution-in-Pointe-Noire-Congo/ We are grateful to our local correspondents TCI Africa for bringing to our attention an on-going problem at Pointe-Noire. A pipeline damaged by dredging operations is leaking oil into the port area and no steps have so far been taken to stem the flow or clean the oil. As a result some berths in the port have been impacted and which may also lead to contamination of vessel hulls. Details of the problem, some practical steps to be taken in mitigation and the assistance that can be offered by TCI Africa are given in the attached briefing note issued by them. Members requiring further information concerning trading to this port should contact TCI Africa or the Managers. http://www.westpandi.com/Publications/News/Oil-pollution-in-Pointe-Noire-Congo/ Fri, 08 Feb 2013 14:34:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-26-20122013/ Dear SirsRENEWALS 2013/2014 CLASS 1 (P & I)We refer to Notice to Members No 19 dated November 2012.  This Notice provides an update. 1. INTERNATIONAL GROUP POOLING AND REINSURANCE 2013/2014For 2013 the individual Club retention is to increase from $8 million to $9 million each vessel each incident.  The Pool retention will also increase from $60 million to $70 million.  The first layer of the Group’s excess of loss reinsurance programme for $500 million will take effect at this figure, but the Pool will co-insure 30% of risks within the layer.  The retained share will again be reinsured by Hydra, the Group’s captive and will be protected by reinsurance if l ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-26-20122013/ Tue, 05 Feb 2013 12:30:00 GMT http://www.westpandi.com/Publications/News/Argentina---Customs-Fines-in-San-Nicolas/ The Club has been advised that the customs authorities in San Nicolas, Argentina are rigorously enforcing the Argentinean Customs Code regarding the accuracy of customs declarations. If a customs search gang boards a vessel and finds that a customs declaration (ie stores list) has been filed which does not accurately match the items on board, fines are being imposed and the items seized. The size of the fines may be considerable and in some cases have amounted to several hundred thousand US Dollars. If discrepancies are found, the undeclared items will be seized and a fine will be imposed equalling the market value of the goods as calculated by the customs authorities. This is common pr ... http://www.westpandi.com/Publications/News/Argentina---Customs-Fines-in-San-Nicolas/ Tue, 05 Feb 2013 10:00:00 GMT http://www.westpandi.com/Publications/News/California-Unannounced-Drill-Requirements/  The California Department of Fish and Wildlife’s Office of Spill Prevention and Response (“OSPR”) has recently announced that they will begin conducting random unannounced oil spill response drills on vessels alongside in Californian ports. This applies to both tankers and dry cargo vessels and became effective on 1 January 2013. A drill may last up to eight hours and require the plan holder to notify his QI, make all necessary notifications to the relevant authorities and mobilise the spill management team. It is likely that an incident command centre will be established to direct the response to the “spill” and which will require staffing by the spill management team. Whilst the s ... http://www.westpandi.com/Publications/News/California-Unannounced-Drill-Requirements/ Tue, 29 Jan 2013 16:55:00 GMT http://www.westpandi.com/Publications/News/Piracy--Gulf-of-Guinea--Interim-Guidelines/ In response to the growing number of piracy attacks in the Gulf of Guinea, several key industry organisations including the International Chamber of Shipping (ICS), BIMCO, Intertanko and Intercargo have produced “Interim Guidelines for Owners, Operators and Masters for Protection against Piracy in the Gulf of Guinea Region”. The guidelines may be updated in due course depending on future developments in the Gulf of Guinea and are designed to be read in conjunction with BMP4. Members requiring further information should contact the Loss Prevention department. http://www.westpandi.com/Publications/News/Piracy--Gulf-of-Guinea--Interim-Guidelines/ Wed, 23 Jan 2013 11:08:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-25-20122013/ Translations: Chinese  Vietnamese   Notice to Members NOTICE is hereby given that an Extraordinary General Meeting of the Members of the Association will be held at 1000 hours on Wednesday, 6 February 2013 in the Steigenberger Grand Hotel Brussels, Avenue Louise 71, 1050 Brussels, Belgium for the purpose of considering and, if thought fit, passing the following SPECIAL Resolutions:  A.    SPECIAL RESOLUTION  THAT alterations to certain Rules of Class 1 and Class 2 (as hereafter set out with commentary) be made to take effect from noon GMT on 20 February 2013:-  B.    SPECIAL RESOLUTION THAT alterations to the Constitution (as ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-25-20122013/ Wed, 16 Jan 2013 10:53:00 GMT http://www.westpandi.com/Publications/News/USA---Ballast-Water-Discharge-Rule---Frequently-Asked-Questions-Volume-II/ In May 2012 Members were advised that the United States Ballast Water Discharge Rule would enter into force on 21 June 2012. In August 2012 the United States Coast Guard (USCG) published a set of answers to Frequently Asked Questions (FAQs) in relation to the new legislation. The USCG has now published a further set of Frequently Asked Questions (Volume II) addressing Alternate Management Systems (AMS) and type approval of Ballast Water Management Systems (BWMS). Further information on the United States Ballast Water Discharge Rule can be found on the USCG Ballast Water Management webpage. However, Members requiring additional guidance should contact the Loss Prevention department. http://www.westpandi.com/Publications/News/USA---Ballast-Water-Discharge-Rule---Frequently-Asked-Questions-Volume-II/ Tue, 08 Jan 2013 16:00:00 GMT http://www.westpandi.com/Publications/News/Loss-Prevention-Safety-Alert---Snap-Back-Zones/ A new Loss Prevention Safety Alert has just been published: Snap-Back Zones http://www.westpandi.com/Publications/News/Loss-Prevention-Safety-Alert---Snap-Back-Zones/ Wed, 02 Jan 2013 16:30:00 GMT http://www.westpandi.com/Publications/News/AM-Best/ We are pleased to announce that credit rating agency A.M. Best has re-affirmed the Club’s Financial Strength Rating as A- (Excellent) (negative outlook) with effect from 20 December 2012. http://www.westpandi.com/Publications/News/AM-Best/ Mon, 24 Dec 2012 12:13:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-24-20122013/ Translations: Chinese  Vietnamese   Dear Sirs, Regulations of the People’s Republic of China on the Prevention and Control of Marine Pollution from Ships We refer Members to Notice to Members No. 21 2012/2013 on the Regulations of the People’s Republic of China (PRC) on the Prevention and Control of Marine Pollution from Ships (“the Regulations”) and the requirement that owners/operators of (a) any ship carrying polluting and hazardous cargoes in bulk or (b) any other ship above 10,000 gt enter into a pollution clean-up contract with a Maritime Safety Agency (MSA) approved ship pollution response company (SPRO) before the ship enters a PRC port. Notice to Members No. 2 ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-24-20122013/ Fri, 21 Dec 2012 14:54:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-23-20122013/ Translations: Chinese  Vietnamese   Dear Sirs Entry into force of the Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the Liability of Carriers of Passengers by Sea in the Event of Accidents (the “PLR”)   We refer Members to our Notice to Members No.15 2012/2013 of September 2012 on the PLR that will apply in all European Union (EU) and European Economic Area (EEA) Member States from 31 December 2012.  The Regulation essentially gives effect to the key provisions of the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 as amended by the 2002 Protocol (the “Convention”), toget ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-23-20122013/ Thu, 13 Dec 2012 13:42:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-22-20122013/ Dear Sirs  Information Required When Offered a Shipment of Iron Fines that may Contain DRI (C) Background   The process of manufacturing Direct Reduced Iron (DRI) from iron ore and the subsequent hot briquetting procedures generate unwanted by-products in the form of dust and broken chips during most of the stages. Some manufacturers recover these materials and offer them for shipment.  Historically, such cargoes have mainly originated from Venezuela and Trinidad, although shipments have also been made from the United States, Mexico and Libya.  This cargo has been responsible for a number of casualties in the past, most notably the bulk carrier YTHAN in 20 ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-22-20122013/ Wed, 12 Dec 2012 10:10:00 GMT http://www.westpandi.com/Publications/News/Nigeria---Anchoring-off-Lagos-Ports/ Club Correspondents Africa Marine Services have advised that the Nigerian Ports Authority has recently published a new Public Notice regarding the anchoring of vessels in Lagos roads. Vessels have been found to be anchoring in close proximity to Lagos harbour entrance causing an increase in the number of close quarters situations and at least one collision. In addition, vessels have also been anchoring in prohibited areas and have damaged submarine telecommunication cables. Nigerian Ports Authority Public Notice No. 3817 details the limits of the prohibited anchorage areas, including the waters around a soon to be installed weather buoy in Lagos roads. The Notice also includes the co-or ... http://www.westpandi.com/Publications/News/Nigeria---Anchoring-off-Lagos-Ports/ Fri, 07 Dec 2012 16:00:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-21-20122013/ Dear SirsRegulations of the People’s Republic of China on the Prevention and Control of Marine Pollution from Ships  We refer Members to previous Notice to Members on the Regulations of the People’s Republic of China (PRC) on the Prevention and Control of Marine Pollution from Ships (“the Regulations”) and the requirement that owners/operators of (a) any ship carrying polluting and hazardous cargoes in bulk or (b) any other ship above 10,000 gt enter into a pollution clean-up contract with a Maritime Safety Agency (MSA) approved ship pollution response company (SPRO) before the ship enters a PRC port. Prior to the entry into force of the Regulations on 1 January 2012, Members ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-21-20122013/ Thu, 22 Nov 2012 08:18:00 GMT http://www.westpandi.com/Publications/News/Port-State-Control---Paris-MOU---Harmonised-Verification-Programme/ Members operating passenger vessels to any of the 27 maritime authorities of the Paris MOU on Port State Control (PSC) are reminded that the organisation will be running a Harmonised Verification Programme (HAVEP) during 2013. The HAVEP covering operational controls on passenger vessels will run for a period of 12 months from 1 January 2013 until 31 December 2013. During the currency of the HAVEP, Port State Control Officers (PSCOs) conducting routine PSC inspections on passenger vessels will check compliance with statutory regulations governing operational emergency drills. If a vessel is found not to be complying with the applicable regulatory requirements, the enforcement action tak ... http://www.westpandi.com/Publications/News/Port-State-Control---Paris-MOU---Harmonised-Verification-Programme/ Tue, 20 Nov 2012 15:00:00 GMT http://www.westpandi.com/Publications/News/SOLAS---Amendments-to-the-International-Maritime-Solid-Bulk-Cargoes-IMSBC-Code---Reminder/ On 20 May 2011 the International Maritime Organisation’s (IMO’s) Maritime Safety Committee at its eighty-ninth session adopted Resolution MSC.(318)89 regarding amendments to the International Maritime Solid Bulk Cargoes (IMSBC) Code. Contracting governments have been able to apply the new requirements, in whole or in part, on a voluntary basis since 1 January 2012. Compliance with the amendments will become mandatory on 1 January 2013. As a result of changes in world trade, new solid bulk cargoes with their own particular hazards are often introduced and presented for shipment. Similarly, some cargoes that were previously only shipped in very limited quantities and were not included in ... http://www.westpandi.com/Publications/News/SOLAS---Amendments-to-the-International-Maritime-Solid-Bulk-Cargoes-IMSBC-Code---Reminder/ Mon, 19 Nov 2012 10:00:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-20-20122013/ Translations: Chinese   Dear Sirs New Series of Loss Prevention Placards – Collision Regulations No seafarer can become a bridge watchkeeping officer until they have demonstrated that they are fully conversant with the International Regulations for Preventing Collisions at Sea. However, collisions continue to occur, often as a result of one or more simple errors. In order to re-familiarise bridge watchkeeping officers with the requirements, the Loss Prevention department has produced the first in a new series of collision regulation placards. Each placard focuses on a particular rule and shows two different scenarios illustrating how the requirements should be applied in certain ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-20-20122013/ Fri, 16 Nov 2012 11:30:00 GMT http://www.westpandi.com/Publications/News/USA---Anti-Fouling-Convention-Compliance/ The United States Coast Guard (USCG) has announced that as from the 21 November 2012, United States (US) and foreign flagged vessels anchored or lightering within US territorial waters and in any port, shipyard, offshore terminal or other place in the US, or within US internal waters must comply with the provisions of the IMO International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS Convention). The USCG have advised that there will be no targeted Port State Control (PSC) inspection programme ensuring compliance with the applicable provisions of the AFS Convention. However, vessels may be examined during routine PSC inspections to confirm they are meeting Con ... http://www.westpandi.com/Publications/News/USA---Anti-Fouling-Convention-Compliance/ Fri, 16 Nov 2012 10:00:00 GMT http://www.westpandi.com/Publications/News/USA---Ballast-Water-Discharge-Rule---Fouling-and-Sediment-Management/ In May 2012 Members were advised that the United States Ballast Water Discharge Rule would enter into force on 21 June 2012. The United States Coast Guard (USCG) has recently published guidance to assist Marine Inspectors and Port State Control Officers when evaluating a vessel’s Ballast Water Management (BWM) Plan. In particular the guidance details US expectations with regard to Fouling Maintenance and Sediment Removal Procedures. Members are advised to ensure that the procedures on board their vessels meet the standards set out in the USCG Guidance on Verification of Fouling Maintenance and Sediment Removal Procedures. Members requiring further guidance on the United States Ballast ... http://www.westpandi.com/Publications/News/USA---Ballast-Water-Discharge-Rule---Fouling-and-Sediment-Management/ Thu, 15 Nov 2012 10:00:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-19-20122013/ Dear Sirs, RENEWALS 2013/2014 The Executive Committee on behalf of the Board has considered the level at which calls and fixed premium rates should be set for 2013/2014 and has decided as follows: 1. CLASS 1 (P & I)  a) Advance Call Rates / Time-Charter Fixed Premium Adjustments 2013/2014 Although claims costs for the Club’s Members for 2012 have so far been developing at a similar low value and frequency to Members claims for 2011, this trend is not expected to continue and Pool claims for other Clubs have reached record levels for the year to date.  It is therefore anticipated that the overall cost of claims for 2013 will increase at a time when investment returns wi ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-19-20122013/ Wed, 14 Nov 2012 11:03:00 GMT http://www.westpandi.com/Publications/News/SOLAS---Amendments-to-the-IMDG-Code-Amendment-36-12/ In May 2012 the IMO Maritime Safety Committee at its ninetieth session adopted the amendments to the IMDG Code contained in Resolution MSC.328(90). Contracting governments may apply the new requirements, in part or in whole, on a voluntary basis from 1 January 2013. Compliance with the amendments will be mandatory as from 1 January 2014.  Of the many changes to the IMDG Code, some are of particular interest: Ten new UN numbers have been added up to UN 3506, covering, amongst others, chemicals under pressure and mercury in manufactured articles. Two UN numbers covering liquids which are toxic if inhaled have been removed from the Code. Chapter 7 on stowage and segregation has be ... http://www.westpandi.com/Publications/News/SOLAS---Amendments-to-the-IMDG-Code-Amendment-36-12/ Wed, 14 Nov 2012 10:00:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-18-20122013/ Translations: Chinese   Dear Sirs European Union Measures against Iran - Council Decision 2012/635/CFSPFrequently Asked Questions 1 November 2012  Background  On 15 October 2012 the European Union Foreign Affairs Council agreed further measures restricting trade activities with Iran. The Council Decision 2012/635/CFSP will require an implementing Regulation to give effect to the Decision. Any new implementing Regulation is likely to amend the current Iran sanctions Regulation 267/2012. The International Group of P&I Clubs has asked Government officials to comment on the possible timing of a new Regulation, but they were unable to provide advice on a specific timefr ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-18-20122013/ Wed, 14 Nov 2012 08:11:00 GMT http://www.westpandi.com/Publications/News/Piracy--Revised-International-Group-FAQs/ The International Group’s list of Frequently Asked Questions (FAQs) on piracy was recently updated, principally to take account of Bimco’s GUARDCON (Parag 7) and the importance of ensuring that the providers of armed guards are operating lawfully (Parag 5). Members are reminded of the arrangements made with Flag Victor in this respect. The FAQs now read as follows: 1. Do clubs cover piracy? Club rules contain no definition or exclusion of piracy. The usual liabilities insured by the clubs remain covered when arising out of incidents of piracy. These liabilities are potentially most likely to involve loss of life/personal injury/illness, trauma/stress treatment and counseling, crew su ... http://www.westpandi.com/Publications/News/Piracy--Revised-International-Group-FAQs/ Tue, 06 Nov 2012 11:09:00 GMT http://www.westpandi.com/Publications/News/USA---Advanced-Passenger-Information-System---Fines-for-Submission-Errors/ The Club has been advised that the US Customs and Border Protection (CBP) agency in New York and New Jersey is beginning to be more robust in terms of enforcing the regulations governing the completion of Advanced Passenger Information System (APIS) declarations. APIS data detailing passengers and crew must be filed as part of the United States Coast Guard (USCG) and United States CBP electronic Notice of Arrival/Departure (eNOA/D) submission. Following the introduction of the APIS system it has been unusual for vessels to be fined for making minor typographical or clerical errors regarding names and dates. However, it now appears that penalties are being imposed for such errors. A fin ... http://www.westpandi.com/Publications/News/USA---Advanced-Passenger-Information-System---Fines-for-Submission-Errors/ Fri, 02 Nov 2012 15:00:00 GMT http://www.westpandi.com/Publications/News/West-Africa---Bagged-Rice-Shortages/ Translations: Chinese   Club Correspondents Eltvedt & O’Sullivan have advised of significant shortages affecting vessels discharging bagged rice in West African ports in recent weeks. Shortages of between 3,000 and 5,000 bags have been recorded for each discharge operation. Eltvedt & O’Sullivan have reported that all such cargoes were loaded in Kakinada, India. Members are reminded that appointing tally clerks to record the number of bags during loading and discharge operations on behalf of the vessel may help to defend any shortage claims that may arise. Vessels due to load rice in Kakinada should be particularly vigilant in this respect. Members requiring further assist ... http://www.westpandi.com/Publications/News/West-Africa---Bagged-Rice-Shortages/ Wed, 31 Oct 2012 13:00:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-17-20122013/ Translations: Chinese   Dear Sirs, Australian Pollution Law – Oil Pollution Indemnity Clause for Penalties and Fines The Australian Government introduced increased penalties for pollution from ships and damage to the marine environment by way of new legislation – the Maritime Legislation Amendment Act, 2011 – which came into effect on 4 December 2011. The Act amends the Australian Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act, 1983.  As a result of these recent amendments, longstanding criminal liability imposed on owners and masters for oil discharge or threat of discharge in Australian waters has been extended to charterers. Ch ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-17-20122013/ Mon, 22 Oct 2012 15:20:00 GMT http://www.westpandi.com/Publications/News/Loss-Prevention-Safety-Alert---Cargo-Damage-due-to-Water-Ingress-from-Ballast-Tanks-and-Bilge-Lines/ A new Loss Prevention Safety Alert has just been published: Cargo Damage due to Water Ingress from Ballast Tanks and Bilge Lines http://www.westpandi.com/Publications/News/Loss-Prevention-Safety-Alert---Cargo-Damage-due-to-Water-Ingress-from-Ballast-Tanks-and-Bilge-Lines/ Wed, 17 Oct 2012 10:30:00 GMT http://www.westpandi.com/Publications/News/Loss-Prevention-Bulletin---Enclosed-Space-Entry/ A new Loss Prevention Bulletin has just been published: Enclosed Space Entry http://www.westpandi.com/Publications/News/Loss-Prevention-Bulletin---Enclosed-Space-Entry/ Fri, 12 Oct 2012 12:30:00 GMT http://www.westpandi.com/Publications/News/Mid-Year-Review-2012/ Following publication of Notice to Members No. 14 2012/2013 Class 1 (P&I) Policy Year Balances and Mid Year Financial Update you can read our Mid-Year Review 2012 by clicking on:  West of England Mid-Year Review http://www.westpandi.com/Publications/News/Mid-Year-Review-2012/ Fri, 05 Oct 2012 16:53:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-16-20122013/ Translations: Chinese   Dear Sirs  US Pollution NRC and MSRC – Addenda Concerning Use of Dispersants to Contracts for Tank VesselsVessel Response Plans    – General Conformity with International Group Guidelines  NRC and MSRC – Addenda Concerning Use of Dispersants to Contracts for Tank Vessels  Members will recall that, as from 22 February 2011, tank vessel operators were required to include a capability for the aerial application of dispersants in their vessel response plans (VRPs). Both of the main oil spill removal organisations (OSROs), Marine Spill Response Corporation (MSRC) and National Response Corporation (NRC), confirmed that they had such ca ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-16-20122013/ Thu, 04 Oct 2012 14:38:00 GMT http://www.westpandi.com/Publications/News/MARPOL---Amendments-to-Annex-V/ Introduction New MARPOL Annex V requirements regarding the disposal of garbage from ships and fixed and floating platforms are due to enter into force on 1 January 2013. The new regulations represent a major change as, other than for certain defined permitted discharges, they will prohibit the disposal of garbage at sea. Therefore, as from the beginning of next year, it will become common practice for ships to send their garbage to reception facilities ashore when disposing of ship-generated waste. It is likely that shipboard garbage destined to be sent to a port waste reception facility will need to be segregated. The requirements for the port concerned should be sought and followed ... http://www.westpandi.com/Publications/News/MARPOL---Amendments-to-Annex-V/ Wed, 03 Oct 2012 13:00:00 GMT http://www.westpandi.com/Publications/News/Srandard--Poors/ Following an interactive review conducted this August and September, the Club has been assigned a BBB- financial strength rating with stable outlook with immediate effect.  This replaces S&P’s previous unsolicited public information rating. S&P state in their Press Release (which can be viewed in full at www.standardandpoors.com) that …. "The ratings reflect good financial flexibility and improved capitalization, offset by historically marginal operating performance and its concentration on a volatile insurance class. The stable outlook reflects our view that the club will maintain its good capitalization and its recent improvement in operating performance. ” The Clu ... http://www.westpandi.com/Publications/News/Srandard--Poors/ Tue, 02 Oct 2012 13:00:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-15-20122013/ Dear Sirs  Entry into Force of the Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the Liability of Carriers of Passengers by Sea in the Event of Accidents (the “PLR”)   The PLR will apply in all European Union (EU) and European Economic Area (EEA) Member States1  from 31 December 2012.  The Regulation essentially gives effect to the key provisions of  the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 as amended by the 2002 Protocol  (the “Convention”),  together with the 2006 IMO Reservation and Guidelines for Implementation of the Convention covering war r ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-15-20122013/ Tue, 25 Sep 2012 08:14:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-14-20122013/ Dear Sirs CLASS 1 (P&I) POLICY YEAR BALANCES AND MID-YEAR FINANCIAL STATEMENT AT AUGUST 2012  At their meeting on 19 September 2012 the Board reviewed the Club’s overall financial position at mid-year including its operating and investment results and Class 1 policy year balances as at 20 August 2012.  MID-YEAR FINANCIAL RESULTS  The positive financial progress consistently reported since February 2011 has continued during 2012.  Further reductions in incurred claims costs across a number of years over the past six months have again enabled ultimate claims projections to be reduced, this time by more than USD 10 million in aggregate.  Claims fr ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-14-20122013/ Thu, 20 Sep 2012 09:35:00 GMT http://www.westpandi.com/Publications/News/UKHO-Admiralty-Maritime-Security-Planning-Charts/ The United Kingdom Hydrographic Office (UKHO) has published chart Q6099 Anti-Piracy Planning Chart – Red Sea, Gulf of Aden and Arabian Sea for a number of years. This chart has now been incorporated into a new series of Maritime Security Planning Charts (Q Series). The series comprises three charts at present: Q6099 – Anti–Piracy Planning Chart – Red Sea, Gulf of Aden and Arabian Sea Q6110 – Mediterranean Sea Q6111 – Persian Gulf and Arabian Sea The two new charts in the series build on the concept of the original anti-piracy chart and contain additional security related information for mariners, including security advice, reporting schemes and contacts. The security planning cha ... http://www.westpandi.com/Publications/News/UKHO-Admiralty-Maritime-Security-Planning-Charts/ Wed, 05 Sep 2012 13:00:00 GMT http://www.westpandi.com/Publications/News/Iran-Sanctions--New-United-States-Measures/ Further to our recent Notice to Members No. 12 2012/2013, Freehill, Hogan & Mahar have issued a Client Alert  giving further details of the Executive Order and the Iran Threat Reduction and Syria Human Rights Act of 2012. This Act was signed into law by President Obama on 10 August 2012. Members with any questions on this or any other sanctions issue should contact either Robert Searle Robert.searle@westpandi.com or Tony Paulson tony.paulson@westpandi.com. http://www.westpandi.com/Publications/News/Iran-Sanctions--New-United-States-Measures/ Fri, 17 Aug 2012 12:51:00 GMT http://www.westpandi.com/Publications/News/Shipping-Industry-Guidance-on-Pilot-Transfer-Arrangements/ The International Maritime Pilots’ Association (IMPA) in collaboration with the International Chamber of Shipping (ICS), supported by the International Group of P&I Clubs and other industry partners has recently published a new edition of Shipping Industry Guidance on Pilot Transfer Arrangements. The second edition of the guidance has been published to reflect recent changes to the SOLAS pilot boarding requirements; as detailed in the Club’s recent news article SOLAS – Changes to Pilot Transfer Arrangements. The publication also includes a revised version of the IMPA’s Required Boarding Arrangements for Pilot poster, which can also be downloaded from the IMPA website. Members are e ... http://www.westpandi.com/Publications/News/Shipping-Industry-Guidance-on-Pilot-Transfer-Arrangements/ Fri, 17 Aug 2012 11:00:00 GMT http://www.westpandi.com/Publications/News/Port-State-Control---Indian-Ocean-and-Black-Sea-MOUs---Concentrated-Inspection-Campaign-on-Fire-Safety-Systems/ In June 2012 the Club advised that the Paris and Tokyo MOUs on Port State Control (PSC) would be running a joint Concentrated Inspection Campaign (CIC) from 1 September 2012 until 30 November 2012 covering compliance with SOLAS Chapter II-2/Construction – fire protection, fire detection and fire extinction. The Indian Ocean, Black Sea and Viña del Mar MOUs on PSC have since announced they will also be running a CIC covering compliance with the same regulatory requirements during the same period. Port State Control Officers (PSCOs) conducting routine PSC inspections during the currency of the CIC may refer to an additional checklist of 12 items which is the same as the CIC checklist ... http://www.westpandi.com/Publications/News/Port-State-Control---Indian-Ocean-and-Black-Sea-MOUs---Concentrated-Inspection-Campaign-on-Fire-Safety-Systems/ Thu, 16 Aug 2012 17:00:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-13-20122013/ Translations: Chinese  Vietnamese   Dear Sirs  Iran SanctionsEU Council Regulation 267/2012 - Updated FAQ's The International Group of P&I Clubs has previously issued Frequently Asked Questions to help guide Members on the issues raised by this Regulation (in February 2012 and June 2012).  Those FAQ’s have been updated by the International Group and the text of which is set out below:  Background On 23 January 2012 The European Union Foreign Affairs Council agreed to introduce further measures impacting on trade that would or could support the furtherance of the Government of Iran’s nuclear aspirations. Specifically the Council introduced measures ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-13-20122013/ Thu, 16 Aug 2012 15:22:00 GMT http://www.westpandi.com/Publications/News/Jerry-Westmore/ I would like to announce that Jerry Westmore has resigned as a Director of the management company. He will be leaving us in early September to take up a position outside the insurance industry and will be based in SE Asia. I would like to thank him for his contribution since he joined us in 2009 and wish him well in his new position. Peter Spendlove. http://www.westpandi.com/Publications/News/Jerry-Westmore/ Thu, 16 Aug 2012 11:00:00 GMT http://www.westpandi.com/Publications/News/BIMCO---New-Charter-Party-Clause-for-Solid-Bulk-Cargoes-that-can-Liquefy/ In August 2011 the Club advised Members of a new charter party clause drafted by the International Group for the carriage of solid bulk cargoes that can liquefy: IMSBC Code – “Group A” Cargoes – Charter Party Clause. The International Group has subsequently worked with BIMCO to draft a new industry standard charter party clause covering solid bulk cargoes that can liquefy, which replaces the previous clause.  It is recommended that Members entering into time charters where solid bulk cargoes that can liquefy may be carried, and where a voyage charter has been fixed for such a cargo, incorporate the following clause into the charter party in order to protect their interests: (a)&nb ... http://www.westpandi.com/Publications/News/BIMCO---New-Charter-Party-Clause-for-Solid-Bulk-Cargoes-that-can-Liquefy/ Wed, 15 Aug 2012 11:00:00 GMT http://www.westpandi.com/Publications/News/Loss-Prevention-Bulletin---Bunkering---The-Cappuccino-Effect/ A new Loss Prevention Bulletin has just been published: Bunker Disputes - The "Cappuccino Effect"    http://www.westpandi.com/Publications/News/Loss-Prevention-Bulletin---Bunkering---The-Cappuccino-Effect/ Tue, 14 Aug 2012 11:30:00 GMT http://www.westpandi.com/Publications/News/USA---Ballast-Water-Discharge-Rule---Frequently-Asked-Questions/ In May 2012 Members were advised of the entry into force in the United States of the Ballast Water Discharge Rule on 21 June 2012. The United States Coast Guard (USCG) has since published a set of answers to Frequently Asked Questions (FAQs) in relation to the new legislation. The areas of the Ballast Water Discharge Rule addressed by the USCG FAQs are wide ranging and encompass the following: Definitions Applicability Ballast Water Management Requirements Alternate Management Systems (AMS) Ballast Water Discharge Standard Implementation Schedule Additional Requirements – Removal of Fouling Organisms and Ballast Water Management Plan (BWMP) Enforcement and Compliance General ... http://www.westpandi.com/Publications/News/USA---Ballast-Water-Discharge-Rule---Frequently-Asked-Questions/ Fri, 10 Aug 2012 17:00:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-12-20122013/ Translations: Chinese  Vietnamese   Dear Sirs Iran Sanctions - New United States Sanctions in respect of foreign financial institutions - August 2012 The President of the United States has issued a new Executive Order (“E.O.”) which further widens sanctions in respect of Iran. The E.O. gives new sanctions authorities to both the Department of the Treasury and the Department of State. The E.O. authorizes the Secretary of the Treasury to impose financial sanctions on foreign financial institutions found to have knowingly conducted or facilitated certain significant financial transactions with the National Iranian Oil Company (“NIOC”) or Naftiran Intertrade Company (“NICO”) o ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-12-20122013/ Fri, 10 Aug 2012 10:30:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-11-20122013/ Translations: Chinese  Vietnamese   Dear Sirs PRIVATELY CONTRACTED ARMED SECURITY PERSONNEL: IMO GUIDANCE AND VETTING ARRANGEMENTS WITH “FLAG VICTOR” The Managers are pleased to announce that preferential terms for Members have been agreed with maritime security experts Flag Victor to vet potential providers of Privately Contracted Armed Security Personnel (PCASP) against the criteria set out in IMO’s interim guidance to shipowners. IMO Guidance Members employing armed guards aboard their vessels as an additional anti-piracy precaution will be familiar with MSC.1/Circ.1405 “Interim Guidance to Shipowners, Ship operators and Shipmasters on the Use of Privately Contracted A ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-11-20122013/ Fri, 10 Aug 2012 10:00:00 GMT http://www.westpandi.com/Publications/News/Loss-Prevention-Bulletin---Natural-Fibre-Rope-Ladders---Care-and-Maintenance/ A new Loss Prevention Bulletin has just been published: Natural Fibre Rope Ladders - Care and Maintenance http://www.westpandi.com/Publications/News/Loss-Prevention-Bulletin---Natural-Fibre-Rope-Ladders---Care-and-Maintenance/ Thu, 09 Aug 2012 17:00:00 GMT http://www.westpandi.com/Publications/News/CONTI-JADE-Naming-Ceremony/ West of England Senior Associate Elli Gavrielides was delighted and honoured to be invited by the CONTI Group and Bremer Bereederungsgesellschaft mbH & Co. KG to christen the 92,500 DWT new bulk carrier "CONTI JADE". See attached pdf for full details and photographs http://www.westpandi.com/Publications/News/CONTI-JADE-Naming-Ceremony/ Wed, 08 Aug 2012 10:55:00 GMT http://www.westpandi.com/Publications/News/Report-and-Accounts/ The Club's Report and Accounts at 20 February 2012 are published today and are available for download from our website. In his Statement, Chairman Matheos Los says: "In my review last year, I described some of the measures that we have been taking to further strengthen our financial performance and in particular our underwriting results. It is gratifying to report that this year’s figures clearly demonstrate that they are proving effective with a further significant improvement in our overall combined ratio to below 109%.  Of particular significance was our decision not to renew a number of Members with high risk exposure and persistently adverse records at the February 2011 renew ... http://www.westpandi.com/Publications/News/Report-and-Accounts/ Fri, 27 Jul 2012 10:13:00 GMT http://www.westpandi.com/Publications/News/Singapore-Strait---Prohibited-Anchorages-off-the-Malaysian-Coast/ Translations: Chinese  Vietnamese   In recent weeks the Malaysian Maritime Enforcement Agency (MMEA) has targeted a number of vessels anchored in prohibited anchorages at the eastern and western ends of the Singapore Strait close to the Malaysian coast. Vessels have been detained and fined, and some crewmembers have been taken ashore to assist the MMEA with its investigations. The territorial waters of Malaysia, Singapore and Indonesia extend approximately 3 nautical miles into the area covered by the Singapore Strait. Singapore is responsible for maintaining the safety of navigation in the Singapore Strait Traffic Separation Scheme (TSS) regardless of whose waters the TSS co ... http://www.westpandi.com/Publications/News/Singapore-Strait---Prohibited-Anchorages-off-the-Malaysian-Coast/ Thu, 26 Jul 2012 16:30:00 GMT http://www.westpandi.com/Publications/News/Updated-Loss-Prevention-Bulletin---Asian-Gypsy-Moth/ An updated version of the Club’s Loss Prevention Bulletin containing advice on the Asian Gypsy Moth has just been published.  Asian Gypsy Moth - Updated July 2012 The updated bulletin contains revised country specific requirements for both the United States and Canada. Notice is also given of an inspection campaign targeting the Asian Gypsy Moth in Australia between July and September 2012, as well as a change in the government Ministry responsible for biosecurity in New Zealand. The Asian Gypsy Moth Charter Party Clause has also been amended. http://www.westpandi.com/Publications/News/Updated-Loss-Prevention-Bulletin---Asian-Gypsy-Moth/ Thu, 26 Jul 2012 10:00:00 GMT http://www.westpandi.com/Publications/News/IMSBC-Code---Draft-Amendments-and-Interim-Measures-for-Early-Implementation/ At its ninetieth session in May 2012, IMO’s Maritime Safety Committee prepared draft amendments to Sections 4 and 8 of the International Maritime Solid Bulk Cargoes (IMSBC) Code. If the amendments are adopted in June 2013 as expected, they will not enter into force until 1 January 2015 at the earliest. In the meantime, IMO has issued MSC.1/Circ.1441 “Interim Measures for Early Implementation of the Draft Amendments (02-13) to the IMSBC Code Expected to be Adopted at MSC 92” which urges contracting governments and other relevant parties to implement the draft amendments on a voluntary basis beforehand. In brief, the draft amendments to Section 4 are aimed at the carriage of concentrates ... http://www.westpandi.com/Publications/News/IMSBC-Code---Draft-Amendments-and-Interim-Measures-for-Early-Implementation/ Tue, 24 Jul 2012 09:30:00 GMT http://www.westpandi.com/Publications/News/The-Rowan---Oil-Major-Vetting-and-Approvals/ Vetting in Practice Each time a vessel is nominated to a charterer and considered for lifting cargo at a terminal which requires the consent of an oil major, the oil major will "vet" the vessel.  This may involve a physical inspection at which the inspector completes a Vessel Inspection Questionnaire and uploads this to the SIRE (Ship Inspection Report programme) System.  If no inspection is required (because, for example, the ship has been inspected in the last 6 months), the oil major may review previous SIRE reports.  Owners must also provide and maintain a Vessel Particulars Questionnaire.   The vetting criteria vary amongst the oil majors but, typically, a ... http://www.westpandi.com/Publications/News/The-Rowan---Oil-Major-Vetting-and-Approvals/ Mon, 23 Jul 2012 10:30:00 GMT http://www.westpandi.com/Publications/News/Togo---Port-Information-and-New-Anti-Piracy-Measures/ Club Correspondents Budd, Togo has advised that new anti-piracy measures have been introduced by the Togolese authorities following a recent increase in the number of piracy incidents in the Gulf of Guinea. Anti-Piracy and Security Guidance Vessels are required to comply with the following Togolese Navy requirements: Vessels anchoring off Togo should do so at least 3 to 4 nautical miles from the territorial waters of either Benin or Ghana. This may improve the chances of the Togolese Navy chasing and capturing any known or suspected attackers within Togolese territorial limits. For identification purposes vessels must ensure that their Digital Selective Calling (DSC) systems are op ... http://www.westpandi.com/Publications/News/Togo---Port-Information-and-New-Anti-Piracy-Measures/ Fri, 13 Jul 2012 10:00:00 GMT http://www.westpandi.com/Publications/News/Japan---Insolvency-Law-and-Procedures/ Introduction In view of recent events concerning a major Japanese carrier and the continuing uncertainties in the shipping markets, Members may wish to have some knowledge of the background to Japanese insolvency procedures and in particular how any claims against a Japanese entity which goes into insolvency might be secured. In that regard the Managers have received the following information. It is intended as a general guide only and Members should take detailed advice from Japanese and other lawyers as appropriate if they have any potential claims impacted by these procedures. They should also contact the Managers. Overview There are two main types of insolvency procedure in Japa ... http://www.westpandi.com/Publications/News/Japan---Insolvency-Law-and-Procedures/ Wed, 11 Jul 2012 10:00:00 GMT http://www.westpandi.com/Publications/News/USA---EPA-Interim-Guidance-on-the-Non-Availability-of-North-American-ECA-Compliant-Fuel-Oil/ Further to the Club’s recent news article concerning the introduction of the North American Emission Control Area on 1 August 2012, the United States Environmental Protection Agency (EPA) has published “Interim Guidance on the Non-Availability of Compliant Fuel Oil for the North American Emission Control Area”. EPA Requirements The EPA expects that residual fuel oil with a sulphur content below the prescribed limit of 1.00% m/m will be available from suppliers covering the North American Emission Control Area (ECA). However, if a vessel is unable to obtain compliant fuel oil prior to entering the North American ECA despite its “best efforts” and cannot fulfil the requirements by using ... http://www.westpandi.com/Publications/News/USA---EPA-Interim-Guidance-on-the-Non-Availability-of-North-American-ECA-Compliant-Fuel-Oil/ Tue, 10 Jul 2012 16:00:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-10-20122013/ Translations: Chinese  Vietnamese   Dear Sirs, Iran Sanctions - EU Council Regulation 267/2012 - Exports of Crude Oil and Petroleum Products from Iran - Prohibitions with Effect from 1 July 2012. Members have previously been informed through FAQs (Frequently Asked Questions) prepared by the International Group – see Notice to Members No.9 2012/2013 - of the impact of the prohibitions on trading with cargoes of crude oil and petroleum products originating from Iran and on associated Club cover once the prohibitions become effective on 1 July 2012. Whilst there has been some speculation in the media of a possible deferral of the implementation date for the prohibitions, the Co ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-10-20122013/ Thu, 28 Jun 2012 10:58:00 GMT http://www.westpandi.com/Publications/News/Posidonia-2012/ In celebration of Posidonia 2012 the West of England held its traditional lunchtime reception at the Yacht Club of Greece on 5th June. Posidonia is a bi-annual shipping exhibition in Athens and sees almost 17,000 visitors from around the world, reflecting the importance of Greece as a focal point of the global shipping industry. 450 guests from the Greek and international shipping community were welcomed by Mr Mathew Los, Chairman of the Club, Peter Spendlove, Managing Director, and Ian Clarke, CEO of the Club’s Piraeus office. Attendees included Board Members Tatiana Petalas of Carras (Hellas), Paul Gripari of N J Goulandris, Loucas Tsangarides of Olympic Agencies and Iacovos Perantin ... http://www.westpandi.com/Publications/News/Posidonia-2012/ Fri, 22 Jun 2012 11:47:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-9-20122013/ Translations: Chinese  Vietnamese   Dear Sirs New European Union Measures Against Iran – Council Regulation 267/2012 dated 23  March 2012 The International Group of P&I Clubs has recently updated its Frequently Asked Questions the text of which is set out below: Background On 23 January 2012 The European Union Foreign Affairs Council agreed to introduce further measures impacting on trade that would or could support the furtherance of the Government of Iran’s nuclear aspirations. Specifically the Council has introduced new measures to prohibit the trade and transportation of crude oil, petroleum products and petrochemical products. The new measures were set out in ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-9-20122013/ Fri, 15 Jun 2012 16:37:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-8-20122013/ Translations: Chinese  Vietnamese   Dear Sirs,  New Series of Loss Prevention Placards – Radar Best Practice  In order to remind deck officers of the points that should be borne in mind when using radar and ARPA, a new series of loss prevention placards entitled “Radar Best Practice” has been produced by the Club in association with leading manufacturer Sperry Marine Northrop Grumman.  The first two placards cover the following topics:  Setting up a Radar – The steps that should be followed when switching on and setting up a radar.  Setting up an ARPA – The steps that should be followed when switching on and setting up an ARPA.  The pla ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-8-20122013/ Fri, 15 Jun 2012 15:18:00 GMT http://www.westpandi.com/Publications/News/MARPOL---North-American-Emission-Control-Area/ Members are reminded that in March 2010 at the 60th Session of the Marine Environmental Protection Committee (MEPC), IMO adopted Resolution MEPC.190(60) which established a North American Emission Control Area (ECA) via an amendment to Annex VI of MARPOL. The North American ECA is due to enter into force on 1 August 2012. However, Canada has elected to delay implementation of the requirements until the end of November 2012, although an exact date has yet to be set. The new ECA covers the Pacific, Mexican Gulf and Atlantic coasts of North America and extends 200 nautical miles offshore from the United States and Canada. It also covers the eight main Hawaiian Islands, and the French terr ... http://www.westpandi.com/Publications/News/MARPOL---North-American-Emission-Control-Area/ Fri, 15 Jun 2012 12:00:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-7-20122013/ Translations: Chinese  Vietnamese   Dear Sirs  US Voyages – Carriage of Persistent Oil - Application of 50% Rebate on Voyage Premium   Members are referred to Notice to Members No.31 2011/2012 on the voyage premium for voyages involving the loading or discharging of persistent oil as cargo in the US and the application of the 50% rebate on such voyage premium. A further review has been undertaken of the areas approved by the US Coast Guard (USCG) for use in loading or lightening operations outside of both the Louisiana Offshore Oil Port (LOOP) and the four additional areas designated and approved for this purpose by the USCG, as outlined in the previous Circul ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-7-20122013/ Fri, 15 Jun 2012 10:17:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-6-20122013/ Translations: Chinese  Vietnamese   TO ALL TANKER MEMBERS  Dear Sirs  CONDITION SURVEYS: TANKERS WHICH HAVE CARRIED HEAVY FUEL OIL AS CARGO  As in previous years and in accordance with International Group practice, the Club is required to carry out condition surveys of seagoing tankers aged 10 years or more if they carried heavy fuel oil (HFO) as cargo during the previous policy year unless the ship:  has undergone a P&I Club condition survey during the previous 12 months; or has undergone a class Special Survey during the previous 6 months; or is currently rated as CAP 1 or CAP 2 by an IACS classification society.  All Members who ope ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-6-20122013/ Fri, 15 Jun 2012 08:26:00 GMT http://www.westpandi.com/Publications/News/Loss-Prevention-Safety-Alert---Ballasting-while-Loading-or-Discharging-from-Barges/ A new Loss Prevention Safety Alert has just been published: Ballasting while Loading or Discharging from Barges http://www.westpandi.com/Publications/News/Loss-Prevention-Safety-Alert---Ballasting-while-Loading-or-Discharging-from-Barges/ Thu, 14 Jun 2012 09:30:00 GMT http://www.westpandi.com/Publications/News/SOLAS---Changes-to-Pilot-Transfer-Arrangements/ Introduction IMO Resolution 308(88), adopted in December 2010, made changes to the pilot transfer arrangements set out in SOLAS Chapter V/Regulation 23. The amendments are due to enter into force on 1 July 2012. The revised regulations apply to pilot boarding equipment and arrangements installed on or after the 1 July 2012. In the case of existing pilot boarding equipment and arrangements replaced on or after 1 July 2012, vessels are required to comply with the new regulatory requirements as far as reasonable and practicable. However, the amendment to Paragraph 6 which prohibits the use of mechanical pilot hoists applies to all vessels from 1 July 2012. Changes to SOLAS Regulation V/2 ... http://www.westpandi.com/Publications/News/SOLAS---Changes-to-Pilot-Transfer-Arrangements/ Wed, 13 Jun 2012 11:00:00 GMT http://www.westpandi.com/Publications/News/Press-Article---Lloyds-List-5th-June-2012/ AS THE P&I results season continues, the West of England P&I club welcomes internal claims figures but berates the external investment market, while Gard has decided to reduce the deferred call for 2011 from 25% to 20% of the advanced call. West of England said the positive financial progress reported a year ago had continued during 2011 despite a difficult and volatile year for investments that resulted in an overall investment return for the year of just 2%. At the same point in the previous year the figure stood at 8.5%. The combined ratio for the year has improved to 108.7%, down from 118% a year ago. The club had been working towards a 105% target and managing director Pet ... http://www.westpandi.com/Publications/News/Press-Article---Lloyds-List-5th-June-2012/ Tue, 12 Jun 2012 14:32:00 GMT http://www.westpandi.com/Publications/News/South-Africa---Stowaways---Update/ Translations: Chinese   In the past month the Club has experienced a number of cases involving stowaways boarding vessels in Durban, South Africa. Members with vessels on passage to Durban or other ports in South Africa are advised to ensure that the crew is particularly alert to this risk. In one recent incident, stowaways managed to bypass a locked gate in an underdeck passage on a container vessel by climbing through a cable run in the adjacent transverse frame, even though the gap between the cables and steel frame measured only 17 cms. In another case, a stowaway hid inside a crane pedestal. According to Club correspondents P&I Associates in Durban, the majority of stowa ... http://www.westpandi.com/Publications/News/South-Africa---Stowaways---Update/ Tue, 12 Jun 2012 14:20:00 GMT http://www.westpandi.com/Publications/News/Loss-Prevention-Safety-Alert---Monkeys-Fists-on-Heaving-Lines---Use-of-Inappropriate-Weighting-Material/ A new Loss Prevention Safety Alert has just been published: Monkey's Fists on Heaving Lines - Use of Inappropriate Weighting Material http://www.westpandi.com/Publications/News/Loss-Prevention-Safety-Alert---Monkeys-Fists-on-Heaving-Lines---Use-of-Inappropriate-Weighting-Material/ Tue, 12 Jun 2012 14:15:00 GMT http://www.westpandi.com/Publications/News/SOLAS---IMO-Passenger-Ship-Safety-Recommendations/ At the IMO Maritime Safety Committee (MSC) meeting which took place in May 2012, several interim recommendations to enhance the safety of passenger ships were agreed following the “Costa Concordia” grounding in response to submissions made by the Government of Italy and other interested parties. The measures were summarised in MSC.1/Circ.1446 “Recommended Interim Measures for Passenger Ship Companies to Enhance the Safety of Passenger Ships”. Resolution MSC.336(90) was also adopted inviting Member States to encourage companies operating passenger ships flying their flags to review their operational safety measures on a voluntary basis “with all possible urgency and efficiency”, taking i ... http://www.westpandi.com/Publications/News/SOLAS---IMO-Passenger-Ship-Safety-Recommendations/ Fri, 08 Jun 2012 17:00:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-European-Correspondents-20122013/ Translations: Chinese   Dear Sirs Fees: VAT in the European Union (EU) This circular sets out the position for fees for services which may be paid by the Club as insurer on behalf of its insured Members and which may be subject to VAT in the EU. The procedures set out are necessary to comply with EU VAT regulations and to ensure that billing of fees and the charging of VAT is carried out correctly in relation to services where you are instructed by the Club or where the Club agrees to pay your fees in relation to a claim or incident falling within the insurance cover provided by the Club. This circular is therefore only relevant to those correspondents or suppliers instructed w ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-European-Correspondents-20122013/ Thu, 07 Jun 2012 11:24:00 GMT http://www.westpandi.com/Publications/News/Port-State-Control---Paris-and-Tokyo-MOUs---Concentrated-Inspection-Campaign-on-Fire-Safety-Systems/ The 43 maritime authorities of the Paris and Tokyo MOUs on Port State Control (PSC) have announced that they will be running a joint Concentrated Inspection Campaign (CIC) from 1 September 2012 until 30 November 2012 covering compliance with SOLAS Chapter II-2/Construction – fire protection, fire detection and fire extinction. Port State Control Officers (PSCOs) conducting routine PSC inspections during the currency of the CIC may refer to an additional checklist of 12 items covering the following areas: Fire Control Plan Fire detection and alarm systems Fire fighting appliances Fire suppression systems Emergency fire pump and fire main isolation valves Escape route lighting Th ... http://www.westpandi.com/Publications/News/Port-State-Control---Paris-and-Tokyo-MOUs---Concentrated-Inspection-Campaign-on-Fire-Safety-Systems/ Wed, 06 Jun 2012 17:00:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-5-20122013/ Translations: Chinese  Vietnamese   Dear Sirs  Dangers of Carrying Nickel Ore from Indonesia and the Philippines – Mandatory Notification Requirements  Background  This Notice should be read in conjunction with the attached International Group summary relating to the safe carriage of nickel ore cargoes which also forms part of this Notice.   The liquefaction of such cargoes has resulted in the sinking of a number of ships with a loss of many lives in the last 18 months. Nickel ore is a cargo which may liquefy if the moisture content of the material exceeds its Transportable Moisture Limit (TML). Cargo liquefaction may lead to a loss of stability, ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-5-20122013/ Fri, 01 Jun 2012 15:08:00 GMT http://www.westpandi.com/Publications/News/Recent-Judgement-on-Early-Redelivery---AQUAFAITH/ RE: 'AQUAFAITH' - A RECENT FDD CASE FOR ONE OF THE WEST OF ENGLAND'S MEMBERS CONCERNING A FUNDAMENTAL ENGLISH PRINCIPLE OF CONTRACT LAW: where charterers seek to repudiate a time charter party by redelivering the vessel early, can the ship owner, as the innocent party, refuse to accecpt charterers' repudiatory breach and claim hire in full rather than taking the more usual course of accepting charterers' repudiatory breach, re-fixing and claiming damages? Ince & Co. represented the successful West of England's Member, and Ince & Co's article can be viewed by clicking here. Members requiring further guidance should contact the Managers.    http://www.westpandi.com/Publications/News/Recent-Judgement-on-Early-Redelivery---AQUAFAITH/ Mon, 28 May 2012 13:00:00 GMT http://www.westpandi.com/Publications/News/SOLAS---New-AIS-Annual-Test-Requirement/ Members are reminded that as from 1 July 2012, all vessels fitted with an Automatic Identification System (AIS) will be required to have their AIS equipment tested annually. The test should be conducted during the first Passenger Ship Safety, Cargo Ship Safety Equipment, Cargo Ship Safety Radio or Cargo Ship Safety Certificate survey (as applicable) after 1 July 2012. The survey is to be carried out by a qualified inspector authorised by the Administration or Recognised Organisation. The new requirement is set out in IMO Resolution MSC.308(88) under new regulation 18.9 to Chapter V of SOLAS which states: “The automatic identification system (AIS) shall be subject to an annual test. The ... http://www.westpandi.com/Publications/News/SOLAS---New-AIS-Annual-Test-Requirement/ Fri, 25 May 2012 10:00:00 GMT http://www.westpandi.com/Publications/News/Press-Release1/ The West of England has achieved an improved underwriting result for the third year in succession. Following a Board meeting on 16 May the Club has reported to members that at the end of its financial year at 20 February 2012 its combined ratio had further improved to 108.7% compared with 128.7% two years ago. Lower claims from members have been the main contributor to this positive result.  Their claims in the 2011/2012 policy year have been significantly lower than in recent prior years and at the same time claims on older policy years have either remained generally stable or have reduced. External factors in the form of higher than anticipated claims by other Clubs on the Inte ... http://www.westpandi.com/Publications/News/Press-Release1/ Tue, 22 May 2012 14:54:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-4-20122013/ Translations: Chinese  Vietnamese   Dear Sirs  CLASS 1 AND 2 POLICY YEAR BALANCES  The Board reviewed the latest policy year positions as at February 2012 at their meeting on 16 May.  The positive financial progress reported a year ago has continued during 2011 despite a difficult and volatile year for investments which resulted in an overall investment return for the year of just 2%.  The strengthening of the Club’s financial position is due mainly to the most favourable claims figures from the Club’s own Members in 2011 for many years.  The result vindicates last year’s decision not to renew a number of Members whose claims experience and ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-4-20122013/ Tue, 22 May 2012 07:52:00 GMT http://www.westpandi.com/Publications/News/USA---Ballast-Water-Discharge-Rule/ Introduction The final rule amending United States Coast Guard (USCG) regulations 33 CFR Part 151 concerning ballast water discharge requirements, and 46 CFR Part 162 covering the approval of ballast water treatment equipment, has been published in the US Federal Register. The new regulations establish a Ballast Water Discharge Standard (BWDS) for the allowable concentration of living organisms and bacteria that may be discharged in ballast water in US waters and specify the permitted means by which vessels equipped with ballast tanks can meet the BWDS. The requirements reflect Regulation D-2 of IMO’s International Convention for the Control and Management of Ships’ Ballast Water and S ... http://www.westpandi.com/Publications/News/USA---Ballast-Water-Discharge-Rule/ Tue, 22 May 2012 07:00:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-3-20122013/ Translations: Chinese  Vietnamese   Dear Sirs New requirements affecting oil tank vessel owners and owners of vessels carrying oil as “secondary cargo”1 operating in certain areas of Western Alaska when going to or from a port in the United States As from 14 May 2012 the US Coast Guard (USCG) will require compliance with new Alternative Planning Criteria (APC) for certain vessels operating in Western Alaska. Historically it has not been possible for tank owners operating in Western Alaska carrying oil to comply fully with the vessel response planning requirements of the Oil Pollution Act 1990 and the USCG allowed waivers of the regulations. In 2010 the USCG announced that s ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-3-20122013/ Fri, 11 May 2012 16:13:00 GMT http://www.westpandi.com/Publications/News/Piracy---Performance-of-PMSCs-and-PCASPs/ Translations: Chinese   Many Members now place Privately Contracted Armed Security Personnel (PCASP) aboard their vessels when sailing through the High Risk Area after signing an agreement with a Private Maritime Security Company (PMSC) following a favourable contract review by the Managers. The number of PMSCs offering such services has grown significantly in recent years, and the market continues to be flooded with new entrants. However, although the terms of the contract may be acceptable, this does not necessarily mean that the armed guards or the security company itself will perform to expectations. Members who are unsatisfied with the performance of a PMSC or PCASP are invi ... http://www.westpandi.com/Publications/News/Piracy---Performance-of-PMSCs-and-PCASPs/ Fri, 11 May 2012 16:00:00 GMT http://www.westpandi.com/Publications/News/Indonesia---Export-of-Unprocessed-Minerals-including-Nickel-Ore/ Translations: Chinese   On 6 May 2012 the Indonesian government began enforcing the provisions of Ministry Regulation No.7/2012 "Improvement of Added Value of Minerals through Minerals Processing and Purification Activities". The Regulation prohibits the export of various unprocessed ores (including nickel, copper, iron, iron sand, bauxite, chromium, lead, zinc and manganese) by mining companies who obtained their production licences before 6 February 2012. The legislation is intended to encourage the development of mineral processing plants in Indonesia. Exceptions may be made in the case of mining companies which: Have a Production Operation IUP (mining licence) with Clear an ... http://www.westpandi.com/Publications/News/Indonesia---Export-of-Unprocessed-Minerals-including-Nickel-Ore/ Fri, 11 May 2012 11:30:00 GMT http://www.westpandi.com/Publications/News/Senegal---Customs-Fines-in-Dakar/ Translations: Chinese   The Club has been advised by Senegal P&I / France P&I of a recent rise in the number of customs fines being imposed in Dakar if discrepancies are found between the goods listed in the customs declaration submitted by the Master (eg manifests, ship’s stores, bunkers)  and the actual quantities of such goods on board. Any errors may lead to fines of up to four times the value of the undeclared goods. At the present time the definitions of “smuggling” and “contraband” in the Senegalese Customs Code are being interpreted very broadly by local customs officers. Vessels trading to Dakar are therefore advised to be particularly careful when preparing ... http://www.westpandi.com/Publications/News/Senegal---Customs-Fines-in-Dakar/ Thu, 05 Apr 2012 17:00:00 GMT http://www.westpandi.com/Publications/News/SOLAS---ECDIS-Data-Presentation-Checks/ Following a number of navigational incidents during 2011 it has been found that some older models of Electronic Chart Display and Information System (ECDIS) using Electronic Navigation Charts (ENCs) are unable to display the latest IMO approved chart features, such as particularly sensitive sea areas and archipelagic sea lanes. In order for ECDIS users to ascertain whether or not their equipment is working correctly, the International Hydrographic Organisation (IHO) has produced two fictitious ENC datasets that ECDIS operators can use to check the operation of the system by comparing the chart symbols displayed on their ECDIS units against those shown on the instruction sheet. The fict ... http://www.westpandi.com/Publications/News/SOLAS---ECDIS-Data-Presentation-Checks/ Wed, 04 Apr 2012 17:00:00 GMT http://www.westpandi.com/Publications/News/Dominican-Republic---Submarine-Cables-off-Puerto-Plata/ Santo Domingo Correspondents Schad Expertise, Frederic Schad Inc. have advised that a number of underwater submarine telecommunication cables have been laid from Puerto Plata on the North Coast of the Dominican Republic. According to reports, it would appear that the locations of the cables have not yet been promulgated by Notices to Mariners. Members are advised to ensure that vessels trading to Puerto Plata are aware of the presence of these submarine cables. In particular, vessels planning to anchor in the area off Puerto Plata should stay well clear of the Arcos 1 and Fibralink submarine cables. Members requiring further guidance should contact the Loss Prevention department. http://www.westpandi.com/Publications/News/Dominican-Republic---Submarine-Cables-off-Puerto-Plata/ Tue, 03 Apr 2012 13:00:00 GMT http://www.westpandi.com/Publications/News/India---Armed-Guard-Reporting/ Following a recent incident where armed guards on board a tanker off the Indian Coast mistakenly fired at a fishing vessel, the Indian Director General of Shipping has published Merchant Shipping Notice No. 7 of 2012 “Navigation off the Indian coast – transgressing of fishing nets – mistaking fishing boats with pirate skiffs”. The Notice contains general guidance on fishing activities off the Indian coast, including a warning that fishing vessels may head towards ships they believe may be approaching their nets in an effort to alert the bridge watchkeeping officer. In addition, vessels with armed guards are urged to report their presence to the Indian Navy / Indian Coastguard when with ... http://www.westpandi.com/Publications/News/India---Armed-Guard-Reporting/ Tue, 03 Apr 2012 12:00:00 GMT http://www.westpandi.com/Publications/News/Loss-Prevention-Bulletin---The-use-of-ECDIS-Alarms/ A new Loss Prevention Bulletin has just been published: The use of ECDIS Alarms  http://www.westpandi.com/Publications/News/Loss-Prevention-Bulletin---The-use-of-ECDIS-Alarms/ Mon, 02 Apr 2012 17:00:00 GMT http://www.westpandi.com/Publications/News/Iran-Sanctions---European-Union-Measures-against-Iran--Updated-FAQs/ Further to our Notice to Members No.1 2012/2013 concerning the recent EU Council Regulation 267/2012 which implemented further sanctions measures against Iran, the International Group has issued a revised set of FAQs to help guide Members on the impact on the Regulation. A copy of the FAQs can be found by clicking here. http://www.westpandi.com/Publications/News/Iran-Sanctions---European-Union-Measures-against-Iran--Updated-FAQs/ Fri, 30 Mar 2012 09:11:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-2-20122013/ Translations: Chinese  Vietnamese   Dear Sirs  BIMCO “GUARDCON” Contract for the Employment of Security Guards on Vessels Members are referred to BIMCO’s GUARDCON contract for the employment of security guards on vessels (GUARDCON), published on 28 March 2012.  The decision as to whether or not to employ guards (either armed or unarmed) is an operational one for Members. In making that decision Members must always comply with Flag State law as well as any applicable local laws. Members are also reminded of their obligation to follow the due diligence principles set out in MSC.1/Circ.1405 together with Best Management Practices (currently Version 4, August 2011).&n ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-2-20122013/ Thu, 29 Mar 2012 10:30:00 GMT http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-1-20122013/ Translations: Chinese  Vietnamese   Dear Sirs,  Iran Sanctions - New European Union Measures against Iran - Council Regulation 267/2012  The latest round of EU measures against Iran implementing Council Decision 2012/35 (23 January 2012) – see Notice to Members No.32 2011/2012 - in relation to the transportation of crude oil or petroleum products were published in Council Regulation 267/2012 issued on 24 March 2012.  The material provisions of Regulation 267/2012 Arts 11 - 14 substantially reflect the corresponding provisions in the Council Decision. There is no "carve-out" in respect of third party liability insurance although there remains a grace period du ... http://www.westpandi.com/Publications/Notice-to-Members/Notice-to-Members-No-1-20122013/ Tue, 27 Mar 2012 08:59:00 GMT http://www.westpandi.com/Publications/News/China-Pollution-Regulations---New-FAQs/ The International Group has published an updated set of FAQs to help provide guidance to Members on complying with the requirements to contract with an oil spill response operator before entering a mainland PRC port. These FAQs can be found on the comprehensive webpage maintained by Managers on this topic and Members are advised to check back with this page at regular intervals. Any specific queries should be addressed to your normal contact at the Managers or to Management Director Tony Paulson (tony.paulson@westpandi.com). http://www.westpandi.com/Publications/News/China-Pollution-Regulations---New-FAQs/ Thu, 22 Mar 2012 15:00:00 GMT http://www.westpandi.com/Publications/News/Brazil---Liquefaction-of-Bauxite-Cargoes/ Translations: Chinese   The Club has recently been advised by P&I correspondents in Brazil that several vessels have experienced cargo liquefaction problems after loading bauxite at various ports in the Amazon Bay region, particularly Trombetas. No casualties have been reported, and at the present time it would seem that the issues have been largely confined to delays and additional costs at the discharge port. Bauxite is listed in the IMSBC Code as a Group C cargo, i.e. one which is neither liable to liquefy, nor to possess chemical hazards. It is classified as Group C on the basis that it will comprise of 70% to 90% lumps of between 2.5mm and 500mm and 10% to 30% powder, wit ... http://www.westpandi.com/Publications/News/Brazil---Liquefaction-of-Bauxite-Cargoes/ Thu, 15 Mar 2012 16:00:00 GMT http://www.westpandi.com/Publications/Reports-and-Accounts/ 2012 Report and Accounts 2012 2011 Report and Accounts 2011 2010 Report and Accounts 2010 2009 Report and Accounts 2009 2008 Report and Accounts 2008 2007 Report and Accounts 2007 2006 Report and Accounts 2006 2005 Report and Accounts 2005 2004 Report and Accounts 2004 2003 Report and Accounts 2003 2002 Report and Accounts 2002 2001 Report and Accounts 2001 2000 Report and Accounts 2000 1999 Report and Accounts 1999 http://www.westpandi.com/Publications/Reports-and-Accounts/ Mon, 10 May 2010 15:47:00 GMT http://www.westpandi.com/About-Us/Rules/ Rules of Classes 1 & 2 http://www.westpandi.com/About-Us/Rules/ Sat, 20 Feb 2010 12:00:00 GMT http://www.westpandi.com/About-Us/Underwriting/Underwriting-Guides/ Underwriting Guides and Forms http://www.westpandi.com/About-Us/Underwriting/Underwriting-Guides/ Sun, 17 Jan 2010 16:48:00 GMT