Author: nlnnpc-mashinaki

The first NNPC Masterclass took place on July 16, 2024, at the Rietschans in Haren. Presented in collaboration with Reed Smith, the session featured insights from their shipping and energy teams on the application of the EU Emissions Trading Scheme (EU ETS) to the shipping sector, as well as its implications for NNPC members under their charterparty agreements. Special emphasis was placed on mandate clauses in management agreements and ETS clauses for time-charter parties.

The event was well attended, sparking active discussions on the EU ETS, fuel efficiency, and the broader impact of EU and global emissions policies. We extend our gratitude to all members and attendees for their participation, with special thanks to Jeb Clulow and Julie Vaughan from Reed Smith for their excellent presentations.

We encourage our members to reach out with any questions regarding the EU ETS and look forward to welcoming you to our second Masterclass, which will focus on sanctions. The date will be confirmed soon.

On 30 April 2024, the revised EU Environmental Crime Directive was published. This directive aims to harmonize punitive measures across all member states and enhance environmental protection. The two main changes affecting the maritime industry are outlined as follows:

• Extension of Scope: The directive now includes criminal sanctions for offenses such as the spread of invasive alien species within the EU, the discharge of pollutants from ships, non-compliant ship recycling, and the illegal shipment of waste.
• Criminal Sanctions for Individuals Involved: Penalties for natural persons include imprisonment for up to 10 years for crimes that may cause or are likely to cause death or serious injury. Legal entities may face a maximum fine of 5% of their total worldwide turnover in the financial year prior to the imposition of the fine, or a fine of €40,000,000. Additional penalties and measures may also apply, such as the obligation to rehabilitate polluted or damaged areas.

The full text of the Directive is available here. With the new Directive entered into force on May 20, 2024, Member States now have two years to incorporate the Directive into national law. Members with questions about this Directive can contact the NNPC claims team at claims@nnpc.nl.

To minimize the risk of oil pollution in the Arctic region, the IMO has introduced a prohibition on the use and carriage of Heavy Fuel Oil (HFO) within Arctic waters. The fuels prohibited under this regulation are specified in Regulation 43.1.2 of MARPOL Annex I, and include:

• Crude oils with a density at 15°C higher than 900 kg/m³
• Oils other than crude oils, with a density at 15°C higher than 900 kg/m³ or a kinematic viscosity at 50°C higher than 180 mm²/s
• Bitumen, tar, and their emulsions

Aside from vessels involved in search and rescue, there are no exclusions or significant temporary waivers to the new requirements under Annex I. Coastal states may, however, temporarily waive the requirements within their jurisdiction, but only until July 1st, 2029. Additionally, vessels compliant with the requirements of MARPOL Annex I Regulation 12A (Oil Fuel Tank Protection) or Chapter 1 of Part II-A of the Polar Code will fall under this regulatory requirement after July 1st, 2029.

The full text of the regulation is included here.

[vc_row][vc_column width=”1/12″][/vc_column][vc_column width=”10/12″][us_image image=”12959″ size=”full”][us_separator size=”custom” height=”30px”][vc_column_text css=”%7B%22default%22%3A%7B%22font-size%22%3A%2222px%22%2C%22line-height%22%3A%2232px%22%2C%22font-family%22%3A%22body%22%2C%22font-weight%22%3A%22300%22%7D%7D”]Captured merchant vessels, voyages to England, heroic deeds or sunk without trace… NNPC was founded shortly before the Second World War and so there’s a treasure trove of tales about the fleet that we insured at the time. What happened to “our” ships—where did they go and did they come back?[/vc_column_text][us_separator size=”custom” height=”30px”][vc_column_text]In this series of articles, we dive into the Dutch Merchant Shipping Database for 1940-1945 to find out what happened.[/vc_column_text][us_separator size=”custom” height=”40px”][vc_column_text]

Aerial bombardments and torpedoes

In this third part, we will be looking at the vessels that succumbed to the rigours of war. Unfortunately, it was a significant risk during that period. German U-boats were lurking below the water’s surface, or the skies might suddenly start raining V1 rockets or Luftwaffe Messerschmitts. Severe losses were suffered and it was sometimes a question of all hands on deck to provide support for British naval vessels that had been hit. An important thing to keep in mind is that the crews of these ships were largely seamen from professional navigation, not trained naval marines.[/vc_column_text][us_separator size=”custom” height=”50px”][us_image image=”13007″ align=”center” size=”full” link=”url:https%3A%2F%2Fdatabank.koopvaardijpersoneel40-45.nl%2Fship%2Fview%3Fid%3D4|target:_blank” css=”%7B%22default%22%3A%7B%22animation-name%22%3A%22afl%22%7D%7D” onclick=”custom_link”][us_separator size=”custom” height=”20px”][vc_column_text el_id=”5″]

Abel Tasman

We will start this grim list with the motorised freighter Abel Tasman. It fled the Netherlands in 1940 and was registered on May 16th with the Netherlands Shipping & Trading Committee in London. During Operation Dynamo, it managed to evacuate 220 stranded soldiers from Dunkirk. In June of that same year, though, the ship met an unfortunate end: after leaving Poole harbour, it hit a mine in the Swash channel and sank. None of its all-British crew survived the attack; the wreck was blown up in 1947.[/vc_column_text][us_separator size=”custom” height=”50px”][us_image image=”13013″ align=”center” size=”full” link=”url:https%3A%2F%2Fdatabank.koopvaardijpersoneel40-45.nl%2Fship%2Fview%3Fid%3D484|target:_blank” css=”%7B%22default%22%3A%7B%22animation-name%22%3A%22afr%22%7D%7D” onclick=”custom_link”][us_separator size=”custom” height=”20px”][vc_column_text el_id=”5″]

Jutland

An accident with no fatalities: after fleeing from the Netherlands, the Jutland was placed under the English flag and used for rescuing allied troops from Dunkirk and Le Havre. After that, it reverted to the Dutch flag. On May 7th, 1943 it left Silloth in England with a cargo of coal destined for Fremington. Two days later, the cargo began to shift and the vessel capsized off Milford Haven. The Jutland didn’t sink but instead drifted along the coast and broke up on the rocks. The crew managed to get off the ship in time, though, and were then rescued.[/vc_column_text][us_separator size=”custom” height=”50px”][us_image image=”13010″ align=”center” size=”full” link=”url:https%3A%2F%2Fdatabank.koopvaardijpersoneel40-45.nl%2Fship%2Fview%3Fid%3D263|target:_blank” css=”%7B%22default%22%3A%7B%22animation-name%22%3A%22afl%22%7D%7D” onclick=”custom_link”][us_separator size=”custom” height=”20px”][vc_column_text el_id=”5″]

Despatch

The coaster Despatch showed that a bit of damage doesn’t always lead to disaster. This vessel fled Ostend in Belgium in 1940 and was then immediately deployed for Dunkirk. During the return voyage on May 30th, with 263 French soldiers on board, the ship had engine problems. After six hours of frantic repairs, it managed to get safely to Ramsgate. The very next day, it set out again to bring another 165 people to safety! For the rest of the war, it was used for evacuations and finally also played a part in the Normandy landings on D-Day.[/vc_column_text][us_separator size=”custom” height=”50px”][us_image image=”13016″ align=”center” size=”full” link=”url:https%3A%2F%2Fdatabank.koopvaardijpersoneel40-45.nl%2Fship%2Fview%3Fid%3D724|target:_blank” css=”%7B%22default%22%3A%7B%22animation-name%22%3A%22afr%22%7D%7D” onclick=”custom_link”][us_separator size=”custom” height=”20px”][vc_column_text el_id=”5″]

Pacific

The coaster Pacific from Groningen persevered heroically through no less than three major operations (Dynamo, Cycle and Neptune) before fate suddenly struck. On March 26th, 1945 the ship was underway in a convoy just outside Falmouth Bay in England when it was attacked in the early morning by a German U-boat. The submarine fired a torpedo at the Pacific that sadly was enough to sink it. Five crewmen were killed in the attack; five others were rescued. The British frigate HMS Duckworth counterattacked and was able to eliminate the U-boat using depth charges, killing most of the German sailors on it.[/vc_column_text][us_separator size=”custom” height=”50px”][us_image image=”13022″ align=”center” size=”full” link=”url:https%3A%2F%2Fdatabank.koopvaardijpersoneel40-45.nl%2Fship%2Fview%3Fid%3D1124|target:_blank” css=”%7B%22default%22%3A%7B%22animation-name%22%3A%22afl%22%7D%7D” onclick=”custom_link”][us_separator size=”custom” height=”20px”][vc_column_text el_id=”5″]

Wilhelmina

Sometimes we are just feeling our way in the dark because the historical sources are incomplete. Take the coaster Wilhelmina, which escaped in 1940 and got to England, where it was used as a freighter. On December 1st, 1941 the ship was involved in some kind of incident, but there are no further details. How serious was it? Was the ship lost or was it all much ado about nothing? The only other thing we know is that the captain, J. Vollers, was later decorated and awarded a Bronze Lion.[/vc_column_text][us_separator size=”custom” height=”50px”][us_image image=”13019″ align=”center” size=”full” link=”url:https%3A%2F%2Fdatabank.koopvaardijpersoneel40-45.nl%2Fship%2Fview%3Fid%3D988|target:_blank” css=”%7B%22default%22%3A%7B%22animation-name%22%3A%22afr%22%7D%7D” onclick=”custom_link”][us_separator size=”custom” height=”20px”][vc_column_text el_id=”5″]

Thea

Last in this list is the Thea, which made the crossing to England in 1940 and went through some dangerous adventures there. The ship was moored in the Surrey Commercial Docks in London on September 7th, when a large-scale attack by German planes took place at about six o’clock. The Thea was next to two other Dutch coasters, the Antje and the Reiger. The crew weren’t on board, but thanks to major efforts from the neighbours, fires on and around the vessels were put out—partially successfully. In the end, the Thea was the only one that survived the attack; the other two ships were lost. This freighter didn’t get away unscathed, though: in the summer of 1944, it was hit by a German V1 rocket and badly damaged. Amazingly enough, they were able to repair the Thea after the war in the Netherlands.[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text css=”%7B%22default%22%3A%7B%22background-color%22%3A%22%23cdf0fc%22%2C%22padding-left%22%3A%2220px%22%2C%22padding-top%22%3A%2220px%22%2C%22padding-bottom%22%3A%2220px%22%2C%22padding-right%22%3A%2220px%22%7D%7D”]

Read the rest of the series “Our fleet during World War II” as well!

• Part 1 – Operations Dynamo and Neptune
• Part 2 – Seized by the Germans
• Part 3 – Ships that were badly damaged or sunk
• Part 4 – Food aid during the Hunger Winter

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In recent years crew claims continue to have a significant impact on the NNPC, on the one hand caused by substantial hospital costs and costs of repatriation, on the other hand due to the fact that certain countries can be particularly litigious.

In particular with respect to handling crew claims involving Philippines seafarers, we draw our members’ attention to the emphasis which recent Supreme Court rulings in the Philippines have placed on the collection of evidence and the need to following the requirements of POEA whenever claims are handled:

1. Collection of evidence: Two recent cases have illustrated the need to ensure that sufficient evidence is collected as soon as possible to properly support a defence of the employers legal position, in particular evidence of medical reports and treatment. In the first case a seafarer brought legal proceedings against the shipowner for full disability benefits related to a panic disorder, which he had alleged were related to his work duties placing undue pressure on him. The Supreme Court held that his own doctor’s opinion supported the argument that his illness was work related and outweighed the company-designated doctor’s which had merely concluded that a causal link could not be shown. In the second case, a seafarer had sued for the medical treatment and sick wages related to a malignant melanoma which he had attributed to prolonged sunlight exposure during on board over 15 years, again the shipowner had failed to submit any medical evidence as to whether or the condition was workrelated. In both cases the Supreme Court emphasized that it will favour a seafarers’ substantive claims over inconclusive company assessments where the employer has failed to show that the underlying medical condition was not work related. These two recent cases confirm the need for proper medical assessments being conducted and medical reports issued throughout the treatment of the seafarer. Such reports should provide a clear diagnosis and should be obtained as early on as possible. Any reports should be shared with the seafarer in writing.
2. Procedures: In another case the Supreme Court dismissed a seafarer’s claim for disability benefits as premature on the grounds that the seafarer had failed to continue medical treatment The Supreme Court ruled that the complaint lacked legal standing as the medical treatment was not completed and the seafarer had not submitted his own medical report. Notably, the seafarer abandoned treatment for two months, violating POEA-SEC terms. The seafarer’s claim was therefore dismissed. The decision highlights the need to ensure that all formal steps under the POEA are followed when providing medical treatment and to properly document any failure on the seafarer to co-operate when medical treatment is offered. Members should furthermore ensure that a final medical assessment (and insofar relevant, a disability grading) is obtained prior to the expiry of the 120 /240 day period after repatriation of the seafarer. Also this should be formally communicated to the seafarer and it should be documented that the seafarer has received and understood the medical assessment provided.

In order to assist with this process we recommend that members ensure that whenever a new medical case arises the following information is secured as soon as possible:

• Copies of vessel logs – including work and rest hours for the seafarer
• Statement of Master and Crew describing the incident or the circumstances under which the seafarer was repatriated
• Copy of the employment contract and CBA
• Copy of PEME documentation in respect of physical and mental checks (in so far available)
• Medical reports – both of treatment abroad as home
• Copy of the incident report (in the event of an injury)
• Copies of records issued by or to authorities in respect of the incident (port state control, police or harbour authorities etc.)

We encourage our members to contact us as soon as they have any incident requiring repatriation to allow us to arrange for the assistance of our medical correspondents and to assist with gathering evidence and ensuring any formal steps are followed

Members are invited to contact the NNPC claims team via claims@nnpc.nl with requests of assistance or advice.

On 10 April, 2024, the European Parliament adopted the Maritime Safety Package. This package was presented by the European Commission in June 2023 and aims to update the EU’s maritime regulations regarding safety and pollution prevention. The package also includes a proposal to revise the regulation concerning the European Maritime Safety Agency (EMSA).

The Parliament extensively reviewed the container incident involving the MS “MSC Zoe”, particularly the fact that more than 800,000 kilos of cargo residues remain on the seabed over five years after the incident. This incident, among others, has led to stricter controls on the securing of containers and working conditions under the package. The other main revisions are summarized as follows:

• Investigations must be conducted more efficiently and quickly. An investigation must be completed within two to twelve months after the accident or incident. The working and living conditions on board, which may have influenced the accident, must also be included in the investigation.
• The selection criteria for inspecting ships will be tightened. Environmental issues will weigh more heavily in determining a ship’s risk profile.
• With the revised flag state requirements, it is mandatory that ships are inspected at least once every five years. These inspections will focus not only on safety but also on the environmental performance of the ships and the working conditions of the crew members.
• To increase transparency and streamline supervision, an EU database for ships flying the flag of a member state will be established within five years of the new rules coming into force.
• The list of substances prohibited from being discharged, such as oil and harmful liquids, is expanded to include sewage, waste, and scrubber residues.

Member states now have 2.5 years to transpose the new provisions into national law and prepare for their implementation. Members who have further questions on this subject are invited to contact the NNPC claims team via claims@nnpc.nl.

Maritime risk management experts Ambrey have issued their latest threat circular regarding the Houthis’ announcement about targeting vessels. The summary is as follows:

• On the afternoon of 3 May 2024, the Houthis announced that they would “immediately” target vessels headed to Israel from the Mediterranean Sea.
• It is assessed that the Houthis possess the capability to target shipping in the eastern Mediterranean Sea from Yemen.
• The Houthis, along with other Iranian-backed ‘Islamic Resistance’ groups based in the eastern Mediterranean, may attempt to target offshore shipping.
• These groups have had limited success in targeting Israeli ports, causing minor damage to Eilat. Although not widely reported, they have targeted offshore Israeli infrastructure.
• Merchant vessels heading towards Israeli ports are strongly advised to review their security measures as outlined in the circular: https://ambrey.com/app/uploads/2024/05/AMBREY-THREAT-UPDATE-Houthi-statement-on-the-Mediterranean-Sea-and-an-Israeli-Rafah-Offensive.pdf
• In response to the offensive on Rafah, the Houthis have threatened to target ships and companies of any nationality in their area of operations that are known to be supplying and entering Israel.

On 18 May 2024, the Houthis launched a rocket attach on the oil carrier MT “Wind” confirming the continued threat in the region and the ability of the Houthis to strike vessels attempting to pass through the Gulf of Aden.

This past Friday the NNPC welcomed Masters students from the Erasmus University Rotterdam to our office in Haren.

After a lunch we gave a presentation about the NNPC, the role of P&I insurance and the legal aspects of claims handling. We wish all the students the best for the remainder of their studies and hopefully a career in the maritime sector!

In the past month, there have been multiple attacks on ships in the Gulf of Aden originating from Yemen. Just last week, Houthi rebels from Yemen launched an attack on the container ship “MSC Darwin.” Recent incidents indicate that the rebels are capable of effectively carrying out attacks throughout the entire Gulf of Aden. Commercial maritime traffic has decreased by about two-thirds.

While the attacks are primarily targeting ships from Israel, the United Kingdom, and the United States, there remains an elevated risk for all maritime traffic. According to reports from the United Kingdom Maritime Trade Operations (UKMTO), the attacks are mainly focused on the Red Sea between Yemen and Eritrea, where ships travel along the coast, and attacks in the wider Gulf of Aden or the Indian Ocean have so far been limited.

If it is necessary to sail through the Gulf of Aden, we refer you to our circular of January 5, 2024, for prevention advice. Additionally, we advise you to contact MSCHOA in a timely manner as part of Operation Aspides by EUNAVFOR. A copy of the guidelines is available via the following link.