Loss Prevention Advice
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The EU’s flagship naval operation risks losing permission to pursue pirates in Somalia’s waters due to local politics.
More specifically, in December Somalia agreed to extend a UN mandate for the EU operation, called Atalanta, for three months.
However, its future intentions were “rather ambivalent” and “to be doubted”, according to an EU foreign-service paper, first reported by the EU Observer.
Namely, the paper notes that Somalia wants Atalanta to focus more on illegal fishing and toxic-waste dumping.
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We herein wish to inform our Clients of groundless pollution claims that have recently been observed in Saudi Arabia being raised by the Port Authorities (PDC) causing unreasonable delays and costs.
Following a stability incident that one of our Clients faced in October at King Abdullah Port, and, despite the fact that the Shipowner took all the necessary steps to prevent a pollution claim to arise, PDC raised a pollution claim of SAR 4,000,000. Based on Article No 18 of the Saudi Regulation of Shipping Agents (2nd Edition) dated 03/11/1441H, a request for Bank guarantee was raised. In similar situations in other countries, a Letter of Undertaking is accepted by Shipowners’ P&I Underwriters in order for the vessel to sail. However, PDC requested a report to be issued by a PDC approved company. The Shipowner and Underwriters complied with the request. However, despite that the report made evident that no pollution was caused by the vessel, PDC insisted that a Bank Guarantee be issued. Unfortunately, the involvement of Saudi Arabia banks is a timely and costly procedure, adding an additional hinder to vessels’ release.
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China’s zero-tolerance for COVID-19 and stringent border control continue to have serious consequences for crews and ships calling at the country’s ports – particularly if crew members have tested positive for COVID-19.
In a recent article published in Club’s website, featuring valuable information on the COVID-19 situation in Chinese ports from Wang Jing & Co. and Oasis P&I, the Gard mentions that according to China’s State Council notice, a set of joint COVID-19 prevention and control mechanisms applicable in all Chinese regions have been announced. The purpose of their implementation is to maintain the shipping supply chain and the rights of crew members.
We strongly recommend that masters, well in advance of arriving at any Chinese port, seek guidance from local port authorities and ships’ agents on any restrictions and other preventive measures currently in force.
Furthermore, ship operators are encouraged to closely follow the development of the outbreak and the areas affected by COVID-19 at any given time in addition to continuing to promote vaccinations and compliance with proven health measures such as the use of masks, physical distancing and hand hygiene. They should also review their crew change management plans and implement all relevant recommendations set out in the revised IMO supported protocols for crew changes and travel and to supply their fleet with COVID-19 testing kits as extra assurance for port authorities.
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As the omicron variant is spreading globally, an increasing number of countries have published regulations affecting shipping.
China
- Dongfang: Required disinfection at anchorage before berthing and PCR test after berthing. Cargo operations cannot commence until PCR test results come out to be negative.
- Yangpu: Effective from Dec 22,2021, for the following situation below, vessel can berth on arrival but PCR test is required after berthing. Cargo operations cannot proceed until the result come out to be negative. If with crew join ship within 14 days before arrival.
If vessel or any crew visited India, Pakistan, Laos, Burma, Cambodia, Thailand, Nepal, Russia and Taiwan, China within 21 days