Category: Nieuws

As of 1 January 2024, the EU ETS requirements have applied to vessels with a gross tonnage of over 5000 GT. Shipping companies that do not manage to comply with these requirements run the risk of fines of 100 euros per equivalent ton of CO2 plus other punishments that the EU and its individual member states may potentially impose.

Over the recent period, BIMCO has published various clauses that have been specifically formulated to deal with the operational consequences of the system. We recommend that our members should include these clauses in their freight contracts if so desired:

• BIMCO’s emission trading scheme allowances clause for time charter parties, 2023
• BIMCO’s emission scheme freight clause for voyage charter parties, 2023
• BIMCO’s emission scheme surcharge clause for voyage charter parties, 2023
• BIMCO’s surcharge for transferring emission scheme allowances for voyage charter parties, 2023

These clauses can be found via the following link: https://www.bimco.org/contracts-and-clauses/bimco-clauses

Including these clauses will let members ensure that the responsibilities are properly arranged between the owners and the freight carriers, based on the ETS. In addition, BIMCO has published the SHIPMAN Emission Trading Scheme Allowances Clause 2023 in which the relationship between shipowners and their managers are arranged.

Members who have any questions about this subject or about implementing the clauses mentioned above in their freight contracts are asked to contact the NNPC claims team on claims@nnpc.nl.

[vc_row][vc_column width=”1/12″][/vc_column][vc_column width=”10/12″][us_image image=”12936″ 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”]“Suppose that a really good infrastructure is put together for methanol here in north-western Europe. Having two or three methanol engines on board would be a far from silly idea.” Johan Boomsma (1969) is a businessman and the director of Boomsma Shipping, a shipping company “in the north of the country”. He talks to us at length about the innovations at his company and the efforts to make it greener.[/vc_column_text][us_separator size=”custom” height=”30px”][vc_column_text]After what Johan Boomsma himself calls a few detours in the economic world, he finally settled in shipping around 2001. That was at the company his parents set up, naturally, because he comes from a maritime family “with salt water running in our veins”. It suited him well, with his training as an economist.[/vc_column_text][us_separator size=”custom” height=”40px”][vc_column_text]

Was it an easy change for you to make?

“The first thing I did at Boomsma was supervise a new construction project. That had a fair few legal and economic angles, so everything came together and I learned a lot. My brother and cousin are in the company too; at the time, they sailed with my father on our three ships. Later I grew into the role and became a co-owner.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

How did Boomsma Shipping come about?

“My parents both grew up in inland navigation and it came to the point where they decided to make a go of it as independents, sometime in 1968. By sea, sailing from Delfzijl to Hamburg – the Hamburg route. Actually, according to the rules, inland navigation vessels weren’t supposed to go through the German Bight, but they were a bit rebellious and did it anyway. You could get away with more then. Our formula for success is based on your own efforts and hard work. We’ve always been creative about using the right ships. We also saw early – as far back as 2005 – that we’d have to save fuel on our routes. Not because we were thinking about the emissions: purely the economics of it. We took measures such as making maximum use of the tonnage and not building vessels with too much power. When the fuel kept on getting more expensive, that turned out to have been a good move. Nowadays, it’s the sustainability aspect that matters.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

Innovation is extremely important in the sector and technology is taking major strides forwards. How do you see that?

“Innovation is definitely important, especially for the ships built for the area we sail in. We’re talking the Baltic region, where there’s ice in the winter. You need boats with an ice classification for that. We branched out into alternative fuels when building them, years ago now. First, we looked at LNG – liquefied natural gas – but it quickly became clear that it was a transitional fuel. The investments were too high and there were still emissions. We chose diesel electric. You see that being used everywhere. Its big benefit is that you’re better able to adjust the operational power to match the sailing profile. The 8500-tonners we’re building now need 1,000 kW to do 10 knots.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

Diesel electric still uses diesel.

“We’re doing that to get into position for alternative fuels in the future: methanol, hydrogen… I don’t know what it’s going to be. You’ve got to dream and keep looking ahead: suppose that a really good infrastructure is put together for methanol here in north-western Europe. Having two or three of methanol engines on board would be a far from silly idea if you could sail using them 90% of the time. You’d then only need the diesel when you’re sailing in winter conditions, for example, with ice. It makes you more flexible. But before we can move to all-electric sailing, the batteries will have to become way more efficient and powerful.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

On top of that, you wrote an article last year about zero-emission energy by fitting ‘VentoFoil’ sails.

“That’s right. Another example of becoming greener is fitting ships with VentoFoil sails from the Dutch company Econowind. Our newly constructed vessels are getting sails. Wind power is free, sure, but not predictable enough and that adds uncertainty to the delivery times. Whereas what we order one day has to arrive the next. So for each of these innovations, we have to think about whether it works and what we could do with it. All kinds of things are being developed – coatings, more efficient engines, fuel combinations. Wind as a secondary form of propulsion will cut emissions, at any rate.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

What role has NNPC played in your company’s success?

“We’ve been members of NNPC for as long as I can remember. They handle the liability insurance for the cargo for us. It’s a business, so there are things that go wrong occasionally and NNPC then helps us to minimise the damage. That’s good for all of us. They’re close to us, the shipping companies – like one of us, understanding our business. What we always do is discuss thoroughly what’s going to be done, so that we’re one step ahead of any problems. Short lines of communication and a practical approach – it’s a nice way of working. And I have to admit, it’s nice to be communicating in your mother tongue instead of in English.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

What’s your prediction for the future of your sector?

“First and foremost, as we’ve already said of course, it’ll be about becoming greener. We’ve all got to be involved – the whole industry has to take that step. The international agreements are tightly formulated and that presents quite a challenge. I hope that we, as a sector, will be able to tackle that. That kind of thing is quite an effort but it provides lots of opportunities too. If you don’t start thinking about it already and stay stuck in a rut with the old concepts, you’re in for a tough time. One potential risk I do see for us is the influx of staff needed to get it all done. Where are we going to get those people from, especially given the regulatory pressures? There’s already a chronic shortage of specialists. We’re not the only ones feeling it: it’s throughout the sector, for all our suppliers too.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text el_id=”5″]

Finally, do you have any advice for NNPC members?

“The members know what they’re getting with NNPC. You only find out what you can do for each other when something goes wrong. For any shipping companies that don’t know NNPC: talk to them and see what they could do for you. It’s a P&I club that pays a lot of attention to all the changes and developments that we shipping companies face. In short, don’t wait until something happens – talk about it at an early stage.”[/vc_column_text][us_separator size=”custom” height=”50px”][us_image image=”12793″ size=”full”][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”]

Contact

If you’re also thinking about the options for making your ship or fleet greener, weighing up the appropriate innovations just like Johan Boomsma, we’ll be pleased to help you get a picture of the financial risks and the insurance you’ll need to take out. Contact us here.[/vc_column_text][/vc_column][vc_column width=”1/12″][/vc_column][/vc_row]

[vc_row][vc_column width=”1/12″][/vc_column][vc_column width=”10/12″][us_image image=”12953″ 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]

Dunkirk and D-Day

In this first part, we’ll take a look at the ships that took part in two large-scale allied operations, Dynamo and Neptune. The first of the two was portrayed a few years ago by the director Christopher Nolan in his film “Dunkirk”. It was the successful operation to evacuate stranded British troops from a dire situation in Dunkirk, using numerous commercial and private vessels. The second was the starting signal for the world-famous amphibious Operation Overlord, better known as D-Day. We are rightly proud that ‘our’ fleet of ships played a part in it, as you can read below![/vc_column_text][us_separator size=”custom” height=”50px”][us_image image=”12879″ align=”center” size=”full” link=”url:https%3A%2F%2Fdatabank.koopvaardijpersoneel40-45.nl%2Fship%2Fview%3Fid%3D396|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″]

Hilda

The coaster Hilda managed to get away from the Netherlands in 1940 and cross over to England. In that same year, from the end of May to early June, she took part in Operation Dynamo, the evacuation of allied troops from the beaches around Dunkirk. Over several trips, she took no less than 835 soldiers back to England. There was an anxious moment for the crew of the Hilda on June 1st 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 sailors on board and brought them to safety.[/vc_column_text][us_separator size=”custom” height=”50px”][us_image image=”12884″ align=”center” size=”full” link=”url:https%3A%2F%2Fdatabank.koopvaardijpersoneel40-45.nl%2Fship%2Fview%3Fid%3D737|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″]

Pascholl

Pretty much the same happened to the Pascholl: fleeing from the Netherlands in May 1940 and then directly put to use, probably with a British crew. The ship certainly showed what it was worth, saving 695 soldiers.[/vc_column_text][us_separator size=”custom” height=”50px”][us_image image=”12889″ align=”center” size=”full” link=”url:https%3A%2F%2Fdatabank.koopvaardijpersoneel40-45.nl%2Fship%2Fview%3Fid%3D181|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″]

Borneo

There is plenty of information available about the various transport tasks carried out around the British Isles by the motorised freighter Borneo uitvoerde – and the perilous adventures of her crew. The vessel sailed in various convoys between Barry, the Seine Bay and the Bristol Channel, for instance, and was finally deployed in Operation Neptune. Skipper Jan Lamein from Veendam survived an attack by German planes on the Libelle and first engineer Ernst Johan de Vries from Rauxel came away from Operation Neptune unscathed on the Brandaris.[/vc_column_text][us_separator size=”custom” height=”50px”][us_image image=”12904″ align=”center” size=”full” link=”url:https%3A%2F%2Fdatabank.koopvaardijpersoneel40-45.nl%2Fship%2Fview%3Fid%3D213|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″]

Cateli

We know a lot less about the coaster Cateli. After crossing, once again in 1940, she was used on June 8th, 1944 for carrying parts of what were known as ‘Bailey bridges’, used during Operation Neptune in Normandy. These military bridges are made up of standard segments and can therefore be built quickly for getting equipment across rivers. They were indispensable in the fight to regain Europe.[/vc_column_text][us_separator size=”custom” height=”50px”][us_image image=”12908″ align=”center” size=”full” link=”url:https%3A%2F%2Fdatabank.koopvaardijpersoneel40-45.nl%2Fship%2Fview%3Fid%3D226|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″]

Coen

The last vessel that we want to highlight is the Coen. This ship too was used for transport duties around England, escaping by the skin of its teeth in 1941 when attacked from the air while sailing from Preston to Fremington. Fortunately, the ship was undamaged. In the summer of 1944, it was therefore able to take part in Operation Neptune, in a convoy that included the Bellatrix, the Confid, the Hondsrug, the Jacoba, the Ton-S and the Vliestroom. The Coen remained under the captaincy of just one person throughout the war, Jacob Pinkster from Oude Pekela.[/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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[vc_row][vc_column width=”1/12″][/vc_column][vc_column width=”10/12″][us_image image=”12923″ 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”]“The number of cases for P&I correspondents has decreased during my thirty years in the business, but the times when you can provide decisive assistance have not.” NNPC interviews Niels van der Noll, manager at subsidiary NNPC Correspondents. We talk about his profession, developments in the industry and the added value of a new player in the market.[/vc_column_text][us_separator size=”custom” height=”30px”][vc_column_text]Niels van der Noll has been working in shipping since 1990. He started at an Amsterdam port company and after a few years moved to the shipping and transport company Van Ommeren. In 1994, he began working as a P&I correspondent, building a large network in Amsterdam. That made him the ideal person to help establish NNPC Correspondents in 2021.[/vc_column_text][us_separator size=”custom” height=”40px”][vc_column_text]

Let’s start with the most important question: what is NNPC Correspondents exactly?

“NNPC Correspondents is a P&I correspondent based in Rotterdam. From there, we are active in all Dutch seaports and on all European inland waterways. We provide solutions and assistance for our clients for a wide range of situations: cargo damage, crew matters, stowaways, but also environmental issues, bunker disputes, collisions… and that 24/7, every day of the year.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

How does this differ from what NNPC itself does?

“The significant difference with NNPC is that they work worldwide for their own members, using local correspondents. We, as a separate branch, service third parties: shipowners, charterers and other P&I clubs and insurers. We focus on Dutch ports and the North Sea, extending to the rivers, canals, and inland ports of Europe.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

How did NNPC Correspondents get its start in recent years?

“Even before it was founded on February 20, 2021, I was involved. NNPC had a vision of a P&I correspondent office in Rotterdam where the club’s high level of service, their network and experience in the maritime sector would be put to use. In the beginning, it was hard work to establish a position, which takes some time. Fortunately, in that first year we already received assignments, which has steadily grown in the second and third year. I can now say that we are an established P&I correspondent in the Netherlands.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

Being available 24/7 is quite a challenge. How do you manage that?

“Although being available day and night is part of the job as a correspondent, the advantage of working with NNPC colleagues is that I can now hand it over to a colleague on the night and weekend shift. At NNPC Correspondents, this is well covered, but it’s a challenge for the entire industry. How do we maintain this availability and quality? That applies to all people working in the sector. Balancing 24/7 availability with having a life outside work is a balancing act.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

What sets NNPC Correspondents apart from other offices?

“What I find very important is that we work well with others: experts, surveyors who conduct nautical research and take samples of cargoes, lawyers when necessary. As a correspondent, I coordinate between those parties. Good communication and keeping each other continuously informed are crucial. That’s where we differentiate ourselves. We have the experience of a P&I club. Furthermore, we have a fast response time and are both operationally and legally very strong. And we are cost-effective: our rates are competitive and we work with experts in a way that allows us to control their costs as well. We’re on top of things.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

You had a successful start in recent years. What does the future hold?

“We have shown that there is sufficient room in the Netherlands for a new P&I correspondent to develop. We have gained the trust of several clients, so I expect that in the coming years we will be able to do more work for them. I have a positive outlook, but we’ll have to earn our position every day.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

What are the trends and developments in the profession?

“The number of cases for P&I correspondents has decreased during my thirty years in the business, but the times when you can provide decisive assistance have not. I can remember the time of the fax and telex, but nowadays we are accustomed to a world of fast and direct communication. Back then, a significant part of communication was by mail, and you easily had to wait two weeks for a response. Now, it might come within ten minutes. That has tremendously changed the service. A captain can call a shipowner himself to inquire; he no longer needs us for that. That has altered the position of the P&I correspondent. But for complex matters, and especially those requiring local contacts and knowledge of local conditions, our expertise, know-how, and network can make a difference.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text el_id=”5″]

Do you have any final tips for the reader?

“When in doubt, contact us. We’re always available, and often, we can quickly arrange matters to save time and costs. We know the world of shipping and P&I like no other and are therefore equipped to solve problems proactively and pragmatically. One of the most rewarding aspects of the past three years was the positive feedback from our clients and the fact that we could make a difference for them.”[/vc_column_text][us_separator size=”custom” height=”50px”][us_image image=”12863″ size=”full”][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”]

NNPC Correspondents

If you would like to know more about NNPC Correspondents, or need the expertise of an experienced P&I correspondent like Niels van der Noll, please contact us here.[/vc_column_text][/vc_column][vc_column width=”1/12″][/vc_column][/vc_row]

With this message we would like to inform you about a change in the excluded area’s concerning the (excess) War insurance. We take out this cover through our reinsurer, NorthStandard, in the commercial market.

Looking at the recent developments it was decided that as of the 20th of February 2024 the Indian Ocean, Gulf of Aden and the Southern Part of the Red Sea will be excluded from cover. For the precise borders for this exclusion we would like to refer to the circular of NorthStandard:

https://north-standard.com/insights/circulars/notice-of-an-excluded-area-in-respect-of-war-risks-for-certain-covers-2/

This change has an effect on the Fixed insured as well as the P&I for the Charterers Liability. As of the 20th of February there is no cover for trips through this area. It is possible however to “buy back” this War cover. If you are interested in “buying back” this cover we can assist and kindly ask you to contact our Underwriting department.

With reference to our earlier updates, the situation in the Gulf of Aden remains volatile. On 19 January anti-ship missiles were fired from Yemen at a US ship in the Gulf of Aden and UKMTO has reported at least two other incidents being reported off the coast of Yemen during the night of Thursday 18th January.

As such the guidance published earlier on the website of NNPC available via following link remains applicable. Members will need to carefully consider the safety situation on a day by day basis and prepare their voyage planning accordingly. Members should be aware that operation Project Guardian (overseen by the United Kingdom Maritime Trade Operations or UKMTO) is now well underway. Vessels that are scheduled to proceed through the Gulf of Aden are encouraged to register with the UKMTO in order provide reports and be updated of incidents and warnings issued by UKMTO.

A link to the relevant guidance issued by Combined Maritime Forces (CMF) Guidance is attached again herewith: https://www.maritimeglobalsecurity.org/media/1062/2023-12-23-cmf-advice-to-mariners-01_23.pdf

Members may also find it useful to consider the Ambrey threat update which is available here; https://ambrey.com/app/uploads/2024/01/AMBREY-THREAT-UPDATE-Red-Sea-and-the-Gulf-of-Aden.pdf

We wish to inform our members that new tariffs have been published in Turkey for pollution fines. Based on the advice of our correspondents we note the new tariffs as follows:

• Pollution caused by tankers discharging petroleum and petroleum derivatives (such as crude oil, fuel products, bilge, sludge, slop, refined product, greasy waste materials etc.):
  • Up to 1,000 (inclusive) GT: TL 3,184.81 per unit GT
  • Between 1,000 and 5,000 (inclusive) GT: TL Additional 796.23 per unit GT
  • Over 5,000 GT: Additional TL 79.59 per unit GT
• Dirty ballast discharged to sea by tankers:
  • Up to 1,000 (inclusive) GT: TL 580.25 per unit GT
  • Between 1,000 and 5,000 (inclusive) GT: Additional TL 115.76 per unit GT
  • Over 5,000 GT: Additional TL 18.37 per unit GT
• Petrol/petroleum products (such as bilge, sludge, slop, fuel products, greasy waste materials etc.) and dirty ballast discharged to sea by vessels or any other sea vehicles:
  • Up to 1,000 (inclusive) GT: TL 1,592.40 per unit GT
  • Between 1,000 and 5,000 (inclusive) GT: Additional TL 318.49 per unit GT
  • Over 5,000 GT: Additional TL 79.59 per unit GT
• Garbage and sewage discharged to sea by vessels and any other sea vehicles greater than 150 GT:
  • Up to 1,000 GT – TL 796.23 per unit GT
  • Between 1,000 and 5,000 GT – additional TL 159.25 per unit GT
  • Over 5,000 GT – additional TL 18.37 to be added per unit GT
• Excessive sulphur content of marine fuels in excess of IMO Regulations:
  • Up to 1,000 (inclusive) GT – TL 706.51 per unit GT
  • Between 1,000 and 5,000 GT – additional TL 88.31 per unit GT
  • Over 5,000 GT – additional TL 17.67 per unit GT

In addition, we note that the Marmara Sea (including the Istanbul Strait, Canakkale Strait and Izmit Bay) was declared as a Special Environmental Protection Area and apparently fines in this area will be doubled. In addition, if the vessel has more than one pollution incident within three years, the fines will be doubled and tripled on subsequent recurrences that are caused by the same offender within three years. If any dangerous substances or hazardous wastes are discharged into the sea, the fine will be 10 (ten) times the amount calculated using the category of petroleum and petroleum product fines as a basis.

Finally, if the fine is paid before the vessel’s sailing or within 30 days, a 25% reduction will likely be applied and the shipowner will be able to reduce the fine by up to 2/3 where it takes measures to clear up the pollution.

[vc_row][vc_column width=”1/12″][/vc_column][vc_column width=”10/12″][us_image image=”12740″ 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”]“Apart from us, the only people who are so consistently busy day and night are journalists in the media. The news never stops, and neither does shipping.”
Karel Maes began his work as a claims handler at NNPC during the coronavirus lockdown. It was a time of striking trends in the marine insurance world, he notes enthusiastically in this interview.[/vc_column_text][us_separator size=”custom” height=”30px”][vc_column_text]The leitmotiv running through Karel Maes’ career is that his work has taken him further and further north. Born and raised a Belgian, he started his career as a company lawyer in Antwerp with the Royal Belgian Shipowners’ Association and then Safmarine (now part of Maersk). He then crossed the Dutch border to work at Vroon in Breskens, until personal relationships later tempted him to move to Groningen, where he could start work at NNPC. As he puts it himself, “Further north isn’t possible any more, so this is as far as I can go.”[/vc_column_text][us_separator size=”custom” height=”40px”][vc_column_text]

What is your role at NNPC?

“I started here as a claims handler after talking to Johan de Haan, who was the director of claims at that time. As it turned out, we already knew each other from my time at Safmarine and so we clicked right away. The job also felt natural: handling claims, giving legal advice, helping think things through commercially, maintaining customer contacts. It was an awkward moment for me to start, in the Covid period, so I was working from home. I didn’t find it difficult, though, because I already knew the ropes.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

So what does it involve?

“Shipowners take out insurance against risks: cargo damage, environmental pollution, fines and so forth. What’s special about NNPC is that we offer not only insurance but also a personalized claims service. We take over the claims served by our members completely, including direct contact with claimants such as claims agencies or governmental authorities. That’s only possible because we know our members and their vessels extremely well. It means we can step in and act quickly. And as for how that works, well, first of all we check with both our member and the claimant to see exactly what the claim is about. In many cases, the story is more nuanced than it might appear at first glance. Direct personal contact is crucial; we ring people more often than we send them e-mails. Our aim is to discover the story behind the story. Sometimes the claims are straightforward; sometimes you have more of a challenge. We also engage with the claimant – where do their interests lie and what exactly do they want? From there we find the solution, always in consultation with our members and with their commercial interests in mind.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

What makes NNPC different from other P&I clubs?

“Our company is a close-knit team with short lines of communication. I speak almost every day with the various members of the board and with the people from finance or underwriting. You are exposed to pretty much everything, so the work is really varied and you have a lot of responsibility. In the role of claims handler, for instance, you tackle everything: small claims and larger ones, legal assistance and so on. On top of that, we get a lot of freedom and have a big say in how we approach the work. The feedback we get from our members shows that we’re genuinely providing added value and that our work means a lot to them. Compare that against the larger P&I clubs and shipping companies, where you often work with fewer responsibilities anyway and where you’re only focused on your own tasks. NNPC’s more manageable scale is precisely what works to our advantage: it lets us handle every claim at the management level.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text]

Could you tell us about a few recent developments in claims?

“During the coronavirus period, say 2020 to 2022, there was a clear trend towards legal aid. Who pays the costs if the crew on board are in lockdown? And what about the costs of disinfecting the ship? It’s the same story for Russia because of the war in Ukraine: extra sanctions checks, can you still sail to the country, what about responsibilities and obligations between owners and charterers? This trend is now downwards again and we’re going back to ‘normal’ damages and P&I claims. What we are seeing is that absolutely everything is getting more expensive: surveyors, lawyers, reinsurance, you name it. There’s going to be more pressure on premiums. So we’re taking great care to stay cost-efficient so that we can keep things under control.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text el_id=”5″]

What would you say is the key benefit of being an NNPC member?

“The personal approach and the good, fast service. Most of our members are programmed into the hotkeys in our phone system. We’re available 24/7. We regularly get messages in the evening and we respond to them straight away. Apart from us, the only people who are so consistently busy day and night are journalists in the media. The news never stops, and neither does shipping. That isn’t a sales pitch: we offer our members more service – and more constructive service – than if they were with a larger club. The ones with thousands of members, well, you can never build such a personal relationship with them. We’re very close to our members, so we know what’s going on.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text el_id=”5″]

You sometimes give presentations at universities. What’s the thinking behind that?

“A while ago, I was at Erasmus University giving a presentation about our field of work to students in the Transport and Commercial Law programme. I’m shortly going to be doing the same at Delft University of Technology. We were asked to do that. It’s a way of sharing what we know about the subject of handling claims. We explain what a P&I club is and what it does. As well as creating a bit of name recognition, it also lets us take a first look at potential future employees. The same applies for the internships we offer.”[/vc_column_text][us_separator size=”custom” height=”50px”][vc_column_text el_id=”5″]

Finally, do you have a golden tip for the members?

“Yes: call us as much as possible. Signal any problems in advance as best you can, and call us right away – that’s quicker and better than writing. And, oh, above all: let us know how we’re doing. We greatly appreciate any feedback, both positive and negative. It all lets us improve the service we offer. That kind of contact is the most important thing.”[/vc_column_text][us_separator size=”custom” height=”50px”][us_image image=”12794″ size=”full”][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”]

Contact

If you have a claim you could use help or advice with, our experienced staff, like Karel Maes, will be happy to help. Contact us directly here.[/vc_column_text][/vc_column][vc_column width=”1/12″][/vc_column][/vc_row]

We have received several inquiries regarding the current situation in the Red Sea and the Gulf of Aden, particularly concerning the possibility of deviating to avoid these areas. We summarize the situation as follows:

1. Deciding to deviate to avoid the Red Sea may have implications for P&I cover, as it could be seen as an unjustified deviation, potentially leading to a loss of cover. Before making such a decision, we strongly recommend that members contact the NNPC to assess the potential risks.
2. Prior to determining if rerouting the vessel is an option, we advise owners to thoroughly review their contracts to confirm their contractual entitlement to do so.
3. For new contract negotiations, we suggest that members include an appropriate liberty provision in their carriage contracts, allowing them to reroute to avoid affected areas.
4. In case of disputes arising under existing contracts, the legal position must be assessed on a case-by-case basis due to the rapidly evolving and unpredictable nature of the situation. Particular attention should be given to the applicable “war risk” clause. When examining the BIMCO clauses:
   1. Under CONWARTIME 2013, owners can refuse charterers’ orders to transit an “area” if, in the reasonable judgment of the Master and/or the Owners, it may expose the vessel, cargo, crew, or other persons on board to War Risks.
   2. Under VOYWAR 2013, prior to the commencement of cargo loading, owners may cancel the charterparty or refuse to perform if it may, in the reasonable judgment of the Master and/or the Owners, expose the vessel, cargo, crew, or other persons on board to War Risks. Owners must first give charterers an opportunity to nominate an alternative safe port for loading or discharging.
   3. The test for determining whether owners have a basis to refuse to proceed is therefore subject to whether an area is deemed dangerous in accordance with the relevant clause. Owners must be able to provide evidence that an area may be dangerous or become dangerous for the vessel, cargo, crew, or other persons on board. Owners must conduct their own appropriate risk assessments before deciding to invoke the charterparty.
5. It’s important to note that if owners refuse to proceed through the Red Sea or Gulf of Aden, and charterers’ instructions are found to be lawful, owners’ refusal to follow those orders may result in substantial claims for damages. Therefore, we recommend that members carefully consider any decisions in this regard. When sailing through these areas additional cover including for “War Risks” will be necessary.

Finally, we refer to the recently published Combined Maritime Forces (CMF) Guidance, which can be accessed here. The guidance note informs that Operation PROSPERITY GUARDIAN has now commenced, and vessels transiting the Southern Red Sea should be aware of a significant increase in the number of coalition warships and aircraft operating in the area as part of this operation.