Category: Nieuws

  • Interview: insurance brokers Henk Peter Verbree and Martin Peper of NNAM

    Interview: insurance brokers Henk Peter Verbree and Martin Peper of NNAM

    [vc_row][vc_column width=”1/12″][/vc_column][vc_column width=”10/12″][us_image image=”13641″ size=”full” link=”%7B%22url%22%3A%22%22%7D”][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”]“You see risks appearing everywhere, whether you’re going to the Black Sea , through the Suez Canal or off to the South China Sea.”  NNPC interviews insurance brokers Henk Peter Verbree and Martin Peper, co-owners of De Noord-Nederlandse Assurantiemakelaars BV, or NNAM. What are all the extra things you have to keep in mind when running a maritime insurance office? And how is the sector dealing with the elevated risks of piracy on busy shipping channels?[/vc_column_text][us_separator size=”custom” height=”30px”][vc_column_text]After Martin finished at a senior shipping college, he sailed until 1990 and then started work as an insurance broker. Together with his former employer, Hans de Boer, he started the predecessor to NNAM. He then took it over in 2006, along with Henk Peter and a former colleague. Henk Peter started his career in 1986 as an engineer with the Dutch Royal Navy. He then ended up in the insurance trade. Under their leadership, the company has grown from eight to its current headcount of twenty.[/vc_column_text][us_separator size=”custom” height=”40px”][vc_column_text]

    You are insurance brokers. What does that mean you do for your clients?

    “Ninety per cent of our business contacts are shipping companies who want their vessels insured and everything associated with that,” says Martin. “An insurance broker like us represents their interests in the insurance market. We also have lots of business contacts in related areas such as shipyards and their suppliers and so forth, whose risk profiles and insurance needs are different to those of the shipping companies.”

    “We negotiate with multiple insurers to get the entire package arranged for them,” explains Henk Peter. “It all depends on precisely what their requirements are. For a typical shipping company, the insurance package will cover protection and indemnity, hull and machinery, war risk, increased value, lost time and insurance for the crew.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

    What does NNAM stand out for?

    “We handle damage particularly well,” says Henk Peter. “And that’s down to Martin and his team! There are lots of instances of damage, every year. The sums involved are often considerable, too. It’s a highly capital-intensive market and the interests are substantial. Our business contacts trust us in handling these cases and they expect top-class assistance. Which is what they get from us.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

    How do you go about that?

    “We draw up a claim based on the experts’ reports and the terms and conditions of the insurance policy,” says Martin. “We then try to get the best possible indemnity for our clients, indemnifying them as much as possible. To do that, you have to dive right down into the circumstances and the terms and conditions. It’s certainly not just down to me – our entire team pulls together to get that result.”

    “That team includes our purchasers and other specialists too, of course,” adds Henk Peter. “We have twenty staff who are spread across damages, insurance purchasing and policy completion, and on top of that you have the financial administration, the policy writing and compliance. You need several kinds of cover for a single vessel, and some policies involve several insurers, sometimes internationally. We put the whole package together and you need a whole team for that.”

    “The care we take is reflected in the long-term relationships we have with our clients,” says Martin. “They stick with us because we look after them well.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

    What’s your cooperation with NNPC like? How do you complement each other?

    “We’ve always been able to collaborate well,” says Henk Peter. “The lines of communication are short, so we can just pick up the phone or drive round when anything awkward turns up. Our relationship with the management there is strong – a close link that goes back about twenty years. It means you know what you can expect from each other.”

    “If there’s a P&I issue, we let the club take the lead. NNPC specializes in liability and their position as a P&I club lets them handle things for the claimant better than us. If it’s a case of damage, though, where the P&I insurance and the hull cover are both affected, then we get involved as well to make sure that all the interests are examined, not just the P&I aspects. We have a checking function in that. NNPC trust us and vice versa – it’s a nicely balanced relationship.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

    What challenges are there currently in the maritime sector?

    “Our business contacts throughout the world are struggling with very awkward and unstable political situations,” says Henk Peter. “Tensions. You see risks appearing everywhere, whether you’re going to the Black Sea, through the Suez Canal or off to the South China Sea.”

    “I’d say that the biggest challenges for the clients are sanctions legislation and piracy,” says Martin. “Attacks by the Houthi and piracy are both serious problems in the Gulf of Aden. So that affects us too.”

    “At moments when our clients have to go through areas that are excluded because of a war or a conflict, we can offer them a different type of insurance. Because the situation there is often highly unstable, those are very temporary agreements. Insurers often impose extra requirements on the shipping company, such as a policy for kidnap and ransom, armed guards, barbed wire or sailing in convoys. We help sort out the insurance but the clients then have to ensure for themselves that they comply with those requirements.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

    How do you see the Dutch maritime sector? How does the Dutch fleet fit into the market?

    “Dutch shipping used largely to be run by skippers who owned the ships,” says Henk Peter. “Those small family companies had a very tough time of it over the past ten years and we’ve lost quite a few of them. The market is becoming more and more consolidated, merging to create larger parties. That means that our clients now have a more professional attitude than roughly ten years ago. Fortunately, we still have a lot of shipping families in our portfolio who have become very professionalized as well. So in general, our business contacts have become more vocal and more risk-conscious, which makes it pleasant to work with them.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

    Is that an extra challenge for NNAM?

    “It’s customized work every time, which keeps us on our toes,” says Henk Peter. It’s still a very attractive and challenging sector for us, with a market that’s always on the move – very different from home insurance, say, where it gets signed on the dotted line and then fits the bill for thirty years. A shipping company has to buy in the entire package again every twelve months. No sooner have you signed the policy, actually, than you have to start thinking about the next one.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

    Finally: do you have a good tip for the NNPC members?

    “Get your insurance policy through NNAM at any rate,” laughs Martin. “There aren’t many market players in the Netherlands who do what we do. Like NNPC, we offer personal contact with our clients. We know you. We don’t need you to quote the policy number when you ring us – we know who we’re talking to.”

    “That’s the added value we offer,” agrees Henk Peter. “A strong local base!”[/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”]

    Get in touch

    If you’re looking for additional insurance policies on top of your P&I insurance, for the hull perhaps, or if you’ll shortly be sailing through areas with an elevated risk profile because of war, piracy or sanctions, then NNAM is an excellent first port of call. They will be pleased to help you cover all the risks and can tell you exactly what you need.[/vc_column_text][/vc_column][vc_column width=”1/12″][/vc_column][/vc_row]

  • NNPC’s model of the Hilda at our offices

    NNPC’s model of the Hilda at our offices

    [vc_row][vc_column width=”1/12″][/vc_column][vc_column width=”10/12″][us_image image=”13597″ size=”full” link=”%7B%22url%22%3A%22%22%7D”][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”]Earlier this year, we published a series of articles about ships in the Second World War on our website that were seized by the Germans or that played a role in various Allied operations as England-based craft. It transpired that one reader had a model of one of these ships in their own office. Of course, we wanted to know everything about it![/vc_column_text][us_separator size=”custom” height=”40px”][vc_column_text]

    The ship in question

    It is a coaster called the Hilda, which managed to get away from the Netherlands in 1940 and cross over to England. As we wrote in the blog, the vessel took part in Operation Dynamo, the evacuation of Allied troops from the beaches around Dunkirk, in that same year. There was an anxious moment for the crew of the Hilda on 1 June 1940 when the ship was attacked by German planes off the coast near La Panne. The ship itself did not suffer any damage, but the British destroyer HMS Keith, which was nearby, was badly damaged. The Hilda immediately took some of its crew on board and carried them to safety.[/vc_column_text][us_separator size=”custom” height=”40px”][vc_row_inner][vc_column_inner width=”1/2″][us_image image=”13621″ size=”full” link=”%7B%22url%22%3A%22%22%7D”][/vc_column_inner][vc_column_inner width=”1/2″][us_image image=”13614″ size=”full” link=”%7B%22url%22%3A%22%22%7D”][/vc_column_inner][/vc_row_inner][us_separator size=”custom” height=”40px”][vc_column_text]

    The miniature Hilda

    One observant reader raised an eyebrow at this story because that very ship was sitting in his office as a model. They contacted us and, needless to say, we were immediately excited: isn’t it special that this ship, with such an illustrious history and once insured by NNPC, exists as a model and can now ‘return’ to us in this way? We agreed to borrow the miniature ship so that we could view and display it…[/vc_column_text][us_separator size=”custom” height=”40px”][vc_column_text]

    Spectators at Breakbulk 2024

    …which is exactly what we did at our stand at Breakbulk 2024, the world’s largest project cargo and breakbulk event which was held in Ahoy Rotterdam last May. The Hilda drew quite a lot of spectators there and certainly managed to charm our visitors. Rightfully so, because despite its age (we estimate that the object was made around the war period) and the fact that it could do with a little restoration work, it is a beautiful model. Moreover, there aren’t many scale models of this type. At Breakbulk, we exhibited the Hilda under the phrase “anchored in tradition”, with the old ship providing a nice contrast to the modern look of our stand.[/vc_column_text][us_separator size=”custom” height=”40px”][us_image image=”13617″ size=”full” link=”%7B%22url%22%3A%22%22%7D”][us_separator size=”custom” height=”40px”][vc_column_text]

    Craftsmanship

    The photos on this page show quite a lot of details. What have we got here, actually? This model of the Hilda is clearly hand-made. The materials used are wood and plastic, and the paint is a little bit discoloured. Clearly an old ship, just like the original. But what about the model’s big sister, the real Hilda? Does she still exist?[/vc_column_text][us_separator size=”custom” height=”40px”][vc_column_text]

    The Hilda’s history

    The coaster was built in 1939 at a shipyard in Zuid-Holland, commissioned by Gert Zoutman from Delfzijl. He remained her captain and owner until long after the Second World War. In 1965, Zoutman sold the ship to a partnership from Drenthe who renamed her the Meppel. In 1973, she ended up in British hands. A good number of years later, disaster unfortunately struck: in 1990, the vessel slipped off her anchors and was stranded off Anguilla. She turned out to be so severely damaged that she was towed out to sea and sunk. The full history of the Hilda can be read on the website of Stichting Maritiem Historische Data (Maritime Historical Data Foundation).[/vc_column_text][us_separator size=”custom” height=”40px”][vc_column_text]

    The only one of her kind?

    The Hilda fortunately lives on as a scale model that is now on display at the NNPC offices. This is now making us wonder if there are other models anywhere of ships that we used to have in our fleet. Read the articles and if you have a model or know about any others, we would love to hear from you![/vc_column_text][us_separator size=”custom” height=”40px”][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 series “Our fleet during World War II” as well!

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  • Circular: EU adopts 14th sanctions package against Russia

    Circular: EU adopts 14th sanctions package against Russia

    [us_message]We refer to our previous circulars regarding the sanctions packages against Russia in response to the conflict in Ukraine, available on the NNPC website.[/us_message]

    On June 24, 2024, the European Union (EU) adopted its 14th sanctions package against Russia. This package introduces additional measures targeting various sectors, including the liquefied natural gas (LNG) sector, export restrictions, vessel sanctions, and anti-circumvention measures. These measures are detailed in Council Regulations 2024/1745 and 2024/1746.

    We summarize the most important measures as follows:

    • Prohibition on Reloading Services for LNG: The EU has banned reloading services of Russian LNG within its waters for transshipment to third countries. This includes ship-to-ship and ship-to-shore transfers, with a wind-down period until March 26, 2025, for existing contracts. This prohibition does not affect the import of Russian LNG into the EU but only the re-export to third countries via the EU.
    • Port Access Ban: Vessels involved in transporting goods and technology used by the Russian defense sector, engaging in high-risk shipping practices, or supporting the Russian energy sector may be listed and subject to a port access ban. Designated vessels will also face a ban on the provision of services, including insurance, chartering, and management.
    • Exemptions: Exemptions are provided for vessels needing assistance, seeking a place of refuge, making emergency port calls for maritime safety, saving lives at sea, or responding to natural disasters.

    We recommend that members continue to conduct thorough due diligence on all parties, cargoes, and vessels involved in trades with high sanctions risk. Additionally, we advise ensuring compliance with EU sanctions by regularly checking the sanctions lists and maintaining detailed records of due diligence efforts.

    Members are welcome to contact the NNPC claims team via claims@nnpc.nl for any questions regarding EU sanctions or related matters.

  • NNPC Masterclass EU ETS

    NNPC Masterclass EU ETS

    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.

  • Revised Environmental Crime Directive

    Revised Environmental Crime Directive

    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.

  • MARPOL Annex I Amendments, Effective July 2024

    MARPOL Annex I Amendments, Effective July 2024

    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.

     

  • Our fleet during World War II: Ships that were badly damaged or sunk

    Our fleet during World War II: Ships that were badly damaged or sunk

    [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!

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  • Crew Claims – Recent Case Law in the Philippines –  Loss Prevention 2024

    Crew Claims – Recent Case Law in the Philippines – Loss Prevention 2024

    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.

  • EU Maritime Safety Package

    EU Maritime Safety Package

    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.

  • Update: Gulf of Aden

    Update: Gulf of Aden

    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.