NNPC

Category: Nieuws

  • Update Earthquake in Turkey

    Dear Members,

    We refer to our earlier notification regarding the cargo operations in Turkey on the onset of recent earthquakes. In the meantime we have been informed that all terminals in the Iskenderun and Adana region are currently operational, except for Limak port terminal which is still closed. Local correspondents further advise that due to damages to infrastructure at the Port of Isdemir, cargo operations in this port are resumed at a slower pace compared to other terminals.

    We recommend that our Members liaise with their local agent in order to obtain an current update on port operations prior to arrival of the vessel.

    We will keep you updated on further developments.

  • Earthquake in Turkey

    Earthquake in Turkey

    Dear Members,

    As a result of the recent earthquakes in Turkey, we are advised that all ports in the Iskenderun and Adana region are currently closed. Turkish ports located outside this area are operational but may experience disruptions due to rerouting of cargoes originally destined for the affected ports.

    For shipments underway to Turkish ports (in particular South Turkey) we recommend our Members to liaise with their local agent in order to obtain an current update on port operations prior to arrival of the vessel .

    We will keep you updated of further developments.

  • Increase of sea pollution fine rates in Turkey

    Increase of sea pollution fine rates in Turkey

    We refer members to our circular of 21 January, 2022 in which we reported on an increase of fines for sea pollution in Turkish waters.

    We wish to inform members that the Turkish authorities have announced further increase of fines for oil pollution incidents for 2023. The new rates are a 122.93 % increase from those reported in 2022. For a detailed overview of applicable rates we refer to correspondents’ circular which is available through the following link.

    Members are invited to contact the NNPC for any pollution related incidents in Turkey via claims@nnpc.nl so that appropriate assistance can be provided.

  • Important update: Reporting ships that call at Russian ports or sail through Russian waters

    Because of the ever increasing sanctions against Russia we want to point out to our members and insured parties that the United Kingdom has set an obligation for insurers to collect and retain information about journeys to and from Russia. This is for the purpose of monitoring compliance with sanctions.

    This means specifically that all insurers and reinsurers that work from the United Kingdom will have to retain information on journeys to and from Russia for at least 5 years. This obligation relates to our reinsurers and therefore also to the NNPC and our members and insured parties.

    Because failure to comply with these sanctions can have consequences for the NNPC, the insurance of the ships concerned and the payment of any claims, we request all members and insured parties that sail to Russia to send us the following information on each journey undertaken/scheduled:

    1. Names of the Russian port(s) at which the ship called
    2. Name of the ship
    3. IMO number of the ship
    4. Type and quantity of cargo
    5. Start/end dates of the journey
    6. Name of ship’s owner
    7. Charterer’s name
    8. Name and address of the Shipper/Supplier
    9. Name and address of the recipient
    10. Name and address of the buyer (if different from that of the recipient and known)
    11. Copy of the bill of lading (if available)

    The enclosed template can be used to facilitate the process. The filled in file, together with copies of the bills of lading, can then be sent to underwriting@nnpc.nl.

    Finally, we want to emphasise once again that trade with Russia is subject to intense restrictions and that there is no cover for trade that is in conflict with the sanctions imposed. Consequently, as already indicated in previous newsletters, it remains important for you as a member/insured party to carry out the necessary due diligence investigations yourselves. Should you have questions about this, then we will be pleased to assist you.

  • Important update on War Risk coverage for Fixed premium insureds (including Charterers)

    We hereby inform you that both our reinsurers have issued a notice of cancellation which states that cover for War Risks for Fixed premium entries (including but not limited to Charterers) is cancelled as per January 1, 2023.

    From January 1,2023 the War Risk cover for the Fixed Premium entries (again including but not limited to Charterers) will be reinstated subject to the following exclusion in relation to Russia, Ukraine and Belarus:

    This cover excludes all loss, damage, liability, cost or expense:

    (a) caused by or arising from or in connection with any Russia-Ukraine conflict and/or any expansion of such conflict; or

    (b) in any area or territory or territorial waters where Russian armed forces, Russian-backed forces, and/or Russian authorities, are engaged in conflict within the territories (including territorial waters) of the Russian Federation, Belarus, Ukraine and any disputed regions of Ukraine, the Crimean Peninsula and the Republic of Moldova.

    (c) arising from capture, seizure, arrest, detainment, confiscation, nationalisation, expropriation, deprivation or requisition for title or use, or the restraint of movement of vessels and cargo in the territories (including territorial waters) of the Russian Federation, Belarus, Ukraine and any disputed regions of Ukraine, the Crimean Peninsula and the Republic of Moldova.”

    It is important to note that the above will only impact the Fixed Premium entries (including Charterers), the mutual excess P&I War cover will remain as it is.

    As the rule numbers and exact wording may vary between reinsurers we invite all fixed premium insureds and charterers to contact the Underwriting department for specific questions via underwriting@nnpc.nl

  • The GENCON 2022 Uniform General Charter

    On 25 October 2022, BIMCO published an updated version of the GENCON charter party, the GENCON 2022. GENCON has been one of the most used voyage charter party for dry bulk cargo trade worldwide. The previous version of the charterparty dates back to 1994 from BIMCO. This article will briefly deal with the most important changes that have been introduced.

    BIMCO has amended several key clauses and made the charter party more comprehensive to reduce the need for additional clauses. Furthermore, the new version seeks to address gaps by inserting wording and structure on matters which we previously let to the parties or resolved in litigation. This version also attempts to ensure that the contract is more in line with the current regulatory framework and commercial practices.

    A number of the main changes are listed herebelow:

    Owners’ Responsibility (Clause 2):

    • Clause 2 has been extensively rewritten, and provides the Owner with the option to invoke all the defenses that are available under the Hague-Visby Rules along with the responsibilities thereto.
    • Clause 2 includes a definition of when the due diligence obligation should be performed by the Owner, i.e., at the commencement of each voyage and loading cargo at each port. This adds to the continuous obligation to carry and care for the cargo until its discharge.

    Cargo and Charterers’ Responsibility (Clause 3):

    • Provides for the Charterer’s responsibility to make sure the cargo is properly described, packed, loaded and stowed, with strict adherence with the law and conventions applicable, as well as an ongoing duty of compliance.
    • Charterer shall be responsible for the cargo (bulk) damage, unless caused by an act or omission of the Owners or their servants, agents or subcontractors.

    Responsibility regarding Loading and Discharging (Clause 4):

    • Charterers will bear the risk and expense to load, tally, stow, trim and/or secure the cargo, subject to the supervision of the Master (which may affect the division of responsibility).
    • The Charterers are to be responsible for stevedores damages caused to the vessel.

    Laytime and Demurrage:

    • Clauses 9 through 13 provide a detailed definition regarding the notice of readiness and when it has to be tendered and on what basis laytime and demurrage are to be calculated.

    General Exceptions (Clause 18):

    • A new general exception clause has been incorporated, which provides immunities for the Charterer, the Owner or the respective agents from the damages that may occur from events as mentioned in the clause, subjected to conditions thereto.

    Other Provisions:

    • A dual remedy is available for the Owners in case the Charterer fails to make payment. Aside from exercising a lien, the Owners have the right to suspend performance and terminate the charter if certain conditions are met. (Clause 15 and 16)
    • As per clause 26, agents, whilst appointed and paid by the Owners, shall be considered to be acting on behalf of the Charterer when it comes to matters concerning. In this respect it is important to note that each party is responsible for the act or omission of their servants, agents and subcontractors.

    For a complete copy of the GENCON 2022, the explanatory notes and additional BIMCO resources on the use of the new GENCON, we refer our members to the BIMCO website:

    https://www.bimco.org/contracts-and-clauses/bimco-contracts/gencon-2022#.

    In the event of any specification questions or comments we invite our Members to contact NNPC through claims@nnpc.nl.

     

  • Update UK stowaways

    Update UK stowaways

    We recently noticed an increase in the number of stowaway discoveries, in particular to the United Kingdom.

    Since the publication of our last stowaway update in October 2022, we have seen an ever tightening of the attitude of the UK immigration services towards stowaways. Whereas in the previous years stowaways were generally allowed to disembark (with shipowners being forced to pay a fine) it is now observed that UK authorities are simply refusing access to stowaways, at the same time threatening the Master that he will be exposed to criminal liability should stowaways be allowed to disembark from the vessel.

    In recent cases we see that shipowners are now obliged to transport the stowaways back by ship to the port of origin. As a result, shipowners are faced with delays and extra costs, such as the requirement to put private security guards on board in order to ensure the safety of the Master and crew during the return journey.

    Shipowners are therefore strongly encouraged to increase their efforts to ensure stowaways are either prevented from boarding the ship or are being discovered before departure.

    Hereunder we bring to memory the most important prevention measures as highlighted in earlier NNPC publications:

    • Limit access to the ship as much as possible and register visitors and shore personnel and check that they have actually disembarked before departure. Keep storage and living areas closed where possible;
    • Always adequately illuminate the deck and possible access routes. The use of cameras is also recommended, of course taking into account privacy requirements;
    • Always check containers, project cargo, nacelles and windmill blades (as far as possible) that no stowaways are hidden in them;
    • Before departure, carry out the necessary searches for all rooms and locations where stowaways may have hidden and record the results in the logbook.

    If stowaways are discovered it is advised to contact the NNPC claims team at once via telephone number +31 (0)50 5343211 (24/7) or via claims@nnpc.nl.

  • BIMCO CII Operations Clause for Time Charter Parties 2022

    BIMCO CII Operations Clause for Time Charter Parties 2022

    With the amendment on MARPOL Convention (MARPOL Carbon Intensity Regulations) on the 1st of November 2022, coming into effect from 1 January 2023, Owners and Charterers will need to collaborate and cooperate to manage the IMO objective to reduce carbon emissions.

    The newly developed BIMCO CII Clause sets out a way forward in a time charter context, where Charterers are responsible for the operation of the vessel.

    On 16 November 2022, the BIMCO Documentary Committee approved the “CII Operations Clause for Time Charter Parties” which is now ready for incorporation into time charterparties. The Clause aims to apportion the risks and responsibilities between the Owners and the Charterers. In this regards the following aspects are noted:

    1. The obligation to comply with the MARPOL Carbon Intensity Regulation rests primarily with the Charterer in regards to its operation of the vessel.
    2. There is a general duty of good faith on the parties to improve the efficiency of a vessel and collect information necessary to monitor compliance.
    3. The Owner is required to exercise due diligence and make sure the vessel and its machinery is compliant with the MARPOL Carbon Intensity Regulations/SEEMP (Ship Energy Efficiency Management Plan), which subjects to the provisions provided in the charterparty.
    4. The Owner shall provide the Charterer with details of the CII attained, along with fuel and distance covered in that calendar year.
    5. In case of breach by the Charterers, of any of the provision of the clause, the Owner shall have the right to claim damages in case of any losses, damages, liabilities, claims, fines, costs, expenses, actions, proceedings, suits or demands suffered by the Vessel and/or the Owners.

    We recommend that members consider incorporating the clause into any future time charter party agreements.

    For the full version of the BIMCO CII Operations Clause for Time Charter Parties 2022 we refer members to the relevant page on the BIMCO website as follows:
    https://www.bimco.org/contracts-and-clauses/bimco-clauses/current/cii-operations-clause-2022

    We would also like to refer members to a previously published report on this subject on our website:
    https://nnpc.tempurl.host/report-on-the-eexi-cii-nnpc-workshop-10-october-2022/?lang=en

    For further guidance and questions on the BIMCO CII Clause and its application, members are kindly invited to contact NNPC at claims@nnpc.nl.

  • Situation update Ukraine – November 2022

    Situation update Ukraine – November 2022

    Reference is made to prior circulars on the EU sanctions against Russia.

    Earlier this year the Black Sea Grain Initiative was announced following negotiations between UN, Turkey, Ukraine and Russia. The Initiative was aimed at allowing safe transportation of agricultural products across the Black Sea in order to stabilize food markets worldwide.

    Last week it was agreed to extend the Black Sea Grain Initiative for another 120 days allowing the Ukrainian ports of Odessa, Pivdenniy (ex-Yuzhny) and Chornomorsk ports to continue to operate in the usual regime for the grain and related cargoes as per the Black Sea Grain Initiative.

    Vessel operating under the Initiative remain subject to inspection by the Joint Coordination Centre (JCC) after which they can proceed directly to the load port.

    Members should note that Vessels which visit any of the Crimean ports: Sevastopol, Yalta, Kerch and Feodosia, after March 2014 will be prohibited from entering Ukrainian ports. We have also been advised by local correspondents that there also still exist a risk of floating mines at the North-West part of the Black Sea.

    Members operating vessels to/from Black Sea area should furthermore note that the Turkish authorities have announced that as from 01 December 2022, any oil carriers carrying crude oil of Russian origin without valid P&I insurance will be prohibited from passing Bosporus and Dardanelles straits. Shipowners will need to provide a letter from their P&I club stating the ship details, cargo and voyage and confirming that P&I insurance is valid and inclusive for the ship, voyage and cargo.

    In case of any further questions in relating to the subject of this article or any voyage related queries, members are invited to kindly contact NNPC at claims@nnpc.nl.

  • Mila at sea

    Mila at sea

    At NNPC, we like to see the way people are working for clean seas and safe waters. That you can’t start young enough has been proved by sixteen-year-old Mila Smid from Nietap.

    She is a genuine adventurer who dreamed of joining the ‘School at Sea’ talent development programme, in which schoolchildren spend six months sailing the Atlantic (on the historic West Indies trade route) – half a year on the tall ship Thalassa, learning and living with thirty-six other students, under the watchful eye of experienced teachers and crew members, naturally.

    Mila sees it as an opportunity not only to develop but also to do her bit for a better environment. After a successful sponsorship campaign, she left in mid-October 2022. After her return, she plans to use the trip to draw attention to the ‘plastic soup’ floating in the ocean: kilometres of floating rubbish heaps of discarded plastic, including plastic bags and drinks bottles.

    You can see the travel plans on her website, Mila at Sea.

    NNPC is sponsoring this adventure enthusiastically, of course. We wish Mila well on her trip to discover new cultures, to experience living and working on board, and to help raise awareness of how susceptible our oceans are to pollution.