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VOL: 3 No. 11 BE INFORMED “BEST” WITH A PURSUIT TO TAKE EFFECTIVE DECISIONS NOVEMBER 2007 Attention Seafarers! In case of Emergency seek Help while in Indian waters / Indian EEZ, Contact: INDIAN COAST GUARD (Dial City Code) followed by 155211 OUR LEGAL ADVISORS Surana & Surana — International Attorneys Head Office: International Law Centre, 224, N.S.C. Bose Road, Chennai - 600 001, India. Tel : 91-44-25390121, 25381616, 25391931 Fax: 91-44-25383339, E-mail: [email protected] Price: GB £ 1; US $ 2; Sing. $ 3; UAE Dhs. 5; IRS. 25/- Campus Interview at "Coimbatore Marine College" 24th October 2007 was a remarkable day and a Milestone in the history of Coimbatore Marine College. The Fleet Management Pvt Ltd [Hong Kong] is one of the largest foreign private shipping company in the world visited for the second consecutive time. They consented to take part in a Campus Interview to select Trainee Marine Engineer, Nautical / Deck Officer for its vessels, from out going 7th batch of GME, 1st batch of B.E Marine Engineering, 1st batch of B.Sc [Nautical Science] cadets. Mr. K.S. Padmanabhan, the head of operations for Chennai region was received by the Director Mr. S.I. Nathan and staff members. He was given warn welcome and he impressed with excellent march past and turns out of cadets. He visited entire campus along with director and astonished to see the Director S. I. Nathan's effort, and vast fiscal investment in the acreage, superior laboratories on going 'Ship In Campus' project that will be one of the best model in the country as well as in abroad. Chief guest Mr. K. S. Padmanabhan Ex.Chief Engineer(Marine), shared his thoughts recalling his rich sailing and his management experience, which added a diamond to the CMC's crown. Highlights Page Campus Interview at "Coimbatore Marine College" 1 Shipping firms to pay for oil spills 2 Shipping firms fight over graduates 2 From the Editor’s Desk 3 Greek shipping firm to hire more Filipino seamen 4 10 killed, over 100 missing, as storm hits S. Bangladesh 5 Homecoming of stranded Pinoys in Iraq delayed 6 Towards an integrated maritime policy 7 Green fury as oil transfers are ruled out of Marine Bill 8 Maritime Admiralty Law 9 Colombo port adds to India's China woes 10 Koreans Aboard Japanese Tanker Hijacked in Somali Waters 11 Union unhappy with new visa system for foreign crew 13 European Maritime Policy Green Paper 14 Pune gets an on-campus ship15 M.S. Notice 16 Maritime Safety Committee - 83rd session 17 Thiru T.R. Baalu Inaugurates the Mauritius M.T.A. 21 Child slaves in UKcannabis farms 22 Shipping Corp plans to set up shipbuilding yards 23 Mr. S.I. Nathan with Honourable Chief Minister of Tamilnadu, India, Dr. M. Karunanidhi (centre) and Honourable Minister of Electricity, Govt. of Tamilnadu, Mr. Arcot N. Veerasamy.
Transcript

VOL: 3 No. 11 BE INFORMED “BEST” WITH A PURSUIT TO TAKE EFFECTIVE DECISIONS NOVEMBER 2007

Attention Seafarers!In case of Emergency seek Help

while in Indian waters / Indian EEZ,Contact: INDIAN COAST GUARD

(Dial City Code)

followed by 155211

OUR LEGAL ADVISORS

Surana & Surana — International AttorneysHead Office: International Law Centre, 224, N.S.C. Bose Road,Chennai - 600 001, India.Tel : 91-44-25390121, 25381616, 25391931Fax: 91-44-25383339, E-mail: [email protected]

Price: GB £ 1; US $ 2; Sing. $ 3; UAE Dhs. 5; IRS. 25/-

Campus Interview at "Coimbatore Marine College"24th October 2007 was a remarkable day and a Milestone in the history ofCoimbatore Marine College. The Fleet Management Pvt Ltd [Hong Kong] is oneof the largest foreign private shipping company in the world visited for thesecond consecutive time.

They consented to take part in a Campus Interview to select Trainee MarineEngineer, Nautical / Deck Officer for its vessels, from out going 7th batch of

GME, 1st batch of B.E Marine Engineering, 1st batch of B.Sc [Nautical Science]cadets.

Mr. K.S. Padmanabhan, the head of operations for Chennai region was receivedby the Director Mr. S.I. Nathan and staff members. He was given warn welcomeand he impressed with excellent march past and turns out of cadets. He visitedentire campus along with director and astonished to see the Director S. I.Nathan's effort, and vast fiscal investment in the acreage, superior laboratorieson going 'Ship In Campus' project that will be one of the best model in thecountry as well as in abroad. Chief guest Mr. K. S. Padmanabhan Ex.ChiefEngineer(Marine), shared his thoughts recalling his rich sailing and hismanagement experience, which added a diamond to the CMC's crown.

HighlightsPage

Campus Interview at"Coimbatore Marine College" 1Shipping firms to pay foroil spills 2

Shipping firms fight overgraduates 2

From the Editor’s Desk 3

Greek shipping firm to hiremore Filipino seamen 410 killed, over 100 missing,as storm hits S. Bangladesh 5

Homecoming of strandedPinoys in Iraq delayed 6

Towards an integratedmaritime policy 7

Green fury as oil transfersare ruled out of Marine Bill 8Maritime Admiralty Law 9

Colombo port adds to India'sChina woes 10

Koreans Aboard JapaneseTanker Hijacked in SomaliWaters 11

Union unhappy with newvisa system for foreign crew 13European Maritime PolicyGreen Paper 14

Pune gets an on-campus ship15

M.S. Notice 16

Maritime Safety Committee -83rd session 17Thiru T.R. Baalu Inauguratesthe Mauritius M.T.A. 21

Child slaves in UKcannabisfarms 22

Shipping Corp plans to set upshipbuilding yards 23

Mr. S.I. Nathan with Honourable Chief Minister of Tamilnadu, India,Dr. M. Karunanidhi (centre) and Honourable Minister of Electricity,

Govt. of Tamilnadu, Mr. Arcot N. Veerasamy.

M a r i n e W a v e s 2 November 2007

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Occupational Safety and HealthAdministration. Shipping firms to pay foroil spills: SHANGHAI: A revised rule that forces shippingcompanies to shoulder the cost of cleaning up pollution frommaritime accidents, such as oil spills, in China's waters, islikely to take effect next year, if not sooner, a senior officialwith China Maritime Safety Administration (MSA) saidWednesday.If the revised regulation is approved by the StateCouncil, companies such as Sinopec, PetroChina and theChina National Offshore Oil Corp (CNOOC) will be requiredto contribute to a special compensation and clean-up fund,Liu Gongcheng, executive director of China MSA, said.Liu tolda press conference prior to the 2007 Shanghai InternationalMaritime Forum, which kicked offWednesday, the fund will boost the country'semergency response capabilities to maritimepollution disasters.

The official declined to say how big the fundcould be.The rules also include a schemeasking all ships using its seawaters topurchase insurance.Liu said the mechanism,already in the pipeline for two years, is oneof China MSA's measures to handle possibleoil spill pollution, as the ocean environmentfaces greater pressure with increasedshipping traffic, including oil cargo ships toand from China's coast.Figures showed morethan 90 percent of China's oil imports - 145million tons last year - is transported by sea.Some 163,000 tankers of all sizes sailed into and out ofChina's ports last year, an average of 446 every day."The sizeof oil tankers is also getting bigger, up to 300,000 tons, whichhas added to the risk," Liu said. "If only 1 percent of theoil is spilled, we will be confronted with a catastrophe."

Oil spills can wreak havoc on sea life, fishing and tourism.They cost millions of yuan to clean up and even more incompensation and damages, he said.The oil spill from thetanker Prestige, which sank off Spain in November 2002,leaked 77,000 tons of oil that caused several billion dollarsworth of damage.In the past year, there have been severaloil spills in domestic seawaters that involved 500 to 600 tonsof oil, but didn't cause serious pollution due to emergencyresponse, Liu said.Losses caused by ships using internationalwaters can be covered by insurance in accordance withinternational conventions.However China urgently needs amechanism to cover the costs many small- and medium-sizedship owners cannot afford."It is not fair to let the clean-upcompanies shoulder the cost, so the compensation fund canbe especially useful in that situation," he said.Theadministration is continuing to invest in facilities and enhanceChina's emergency response capabilities.

Shipping firms fight over graduates:SHANGHAI: Graduates of maritime-related universityprogrammes have become a hot commodity in Shanghai,home to the Chinese mainland's biggest port, as the city'sbooming shipping industry struggles to find enough qualifiedworkers.

Shipping companies were chasing after students with marine-related majors at a recruitment fair earlier this month at theShanghai Maritime University (SMU). The fair lasted only an

hour and a half, at which point most of the students whohad attended had received job offers, though many of themwill not graduate for another six months.

Xie Yiwei, a marine engineering senior, said he had spent justa few minutes talking with the recruiter from ShanghaiJinjiang Shipping Corporation, and the next day he wasnotified that he had been hired. "Nearly all of my classmateswho were looking for a job got offers," he said. "Finding ajob does not seem to be hard for us." Once he graduates,Xie will be responsible for repairing and maintaining shipengines. Some companies are so hungry for talent that theystarted contacting students even before the recruitment fair.

"Some recruiters came to our dormitories to promote their

companies, and some kept handing out business cards to useven when we were having classes," said Gao Yang, anotherstudent at SMU. "Most of these recruiters want to attractstudents by publicizing the high wages they are offering," headded. Gao, a navigation major, got a job as a ship pilot. Heand his classmates have been learning techniques to steerships and most of them will go on to become navigators andfuture captains.

Shipmen and other professionals in the shipping industry arein great demand. Both Xie and Gao should both receive amonthly salary of at least US$1,000 during their first year'sinternship, which is much more than the average Chinesecollege graduate can expect to earn right out of college. "Thecity has really speeded up the development of its shippingindustry. But we have not expanded our student base or thesize of our faculty. The gap between supply and demand inshipping talent is widening," said Liu Yan, deputy director ofthe Student's Affair Office at the SMU. She added that thehigh cost of educating qualified shipping professionals wouldmake it difficult for her school to expand.

Tang Yichi, a senior HR manager at Shanghai YuanyangShipping Company, which is part of COSCO, one of thecountry's leading shipping and logistics companies, said hehad noticed the demand for talent in the shipping sector. "Alot of shipmen and engineers leave their jobs because of thehardships associated with working on a ship, and the numberof new graduates with maritime majors is not enough to meetour growing demand," he told China Daily. "This labourshortage will probably continue for some time." "Shippingcompanies now have to compete to find qualifiedprofessionals. Competition has become especially intenseamong small-sized shipping businesses," he added.

M a r i n e W a v e s 3 November 2007

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From the Editor’s DeskCall for Ethical Administration of National Maritime Discipline. ONLY THE ALMIGHTY GOD CAN HELP THESEAFARERS. Merciless Mariners though inducted into Indian National Maritime Administration, without muchcompetition, instead of thanking the almighty GOD, for having got inducted into the office of the Directorate Generalof Shipping, Govt. of India, unlike other UPSC Competitive Exams., which is under tough competition, heartlesslyforgetting their veracity of poor academic background, treats the seafarers shabbily, neglecting their welfare. Duringmy earlier days, mariners calling at MMD office were at the mercy of the peon and clerks. Now restrictions imposedfor seafarer's entry into MMD office by the security guard itself? This is a very sad and serious issue, which is tobe addressed early, respecting their hard-earned leave period, while seafarers meant to be more with their close andnear dear ones after a long separation, while they pump in (earning) considerable foreign-exchange to their country

of origin. Hence, the need to focus on "Professional Ethics and Human Values" as said in my editorial of May 2007 Issue.

Aren't we exploiting the situation for their inability to get together and raise their genuine voice, unlike shore-based Officers, Supervisors,workers Associations, Unions etc. who make tall claims. All this, very well known to one and all, of their inability to get together, owingto their mobility of service and while ashore (on their hard-earned leave), to be attached with their close and near dear ones but on thecontrary seafarers have to prioritise by running pillar to post for the renewal of their Passport, US Visa, Motor Driving Licence, CDC,revalidation of their certificates before due date to MMD offices etc. Hence, the imperative need for a common platform to vent theirgrievances, to be organised by the National Shipping Administration. Though provision of SEAFARERS FORUM and Guest Book existedbut for namesake, were inactive to the feedback (ideas and info. given), when questioned, now the access in the site is denied giving noreasons, during this RTI age. Either the person entrusted, is neither committed/serviceable nor competent etc. Hence, Seafarers gettingexploited, even after freedom and independence from foreign hands, achieved over 60 long years ago.

Seafarer's Unions/Associations (Officers and that of Ratings) need to be regulated by the national/state governments, for Foreign-going/coastal vessels respectively to oversee and instil justice to their seafaring countrymen. I did wish to join and serve the department, havingbeen seeing the deficiencies and defects in the system, while I was serving with the nation owned Shipping Corporation of India, by fulfillingthe formalities of forwarding my application through proper channel, for the post of Assistant Director General of Shipping, having beenserving in the permanent roles of the Govt. of India Enterprise. I did get a UPSC interview call for attending on 31-12-1990, which wasafter my long leave ashore and after rejoining vessel (ship), during acute shortage of marine engineers, hence not relieved to attend( alost opportunity).

My experience on Coastal, Govt. of India Research vessels, managed by SCI speaks of total mismanagement. Vessel hardly has skeletonstrength to meet exigencies while the vessel is in port, as most of the local mariners are at their homes, though on ship's article. Theyinfluence SCI Head Office Mumbai, seeking vessel of their choices, which calls at their home-port. For Radio Officers and Medical Officers,all the coastal ports are at their disposal, they make use of the entire ships port stay, by returning just before the ship sails, as thoughnot on article. Since they have their men in the monopolistic unions ashore, have their pay-scale fixation illogically high with long extendedincrements unlike promotional categories thereby they draw wages more than senior navigating / engineer officers. All this causesdiscontentment amongst officers onboard. Once a serious incident took place, on Cochin based Research Vessel Sagar- Sampada, anchoredbetween Cochin Shipyard and Naval Establishment (INS Venduruthy)waters, while the anchor holding rope of the vessel snapped off andvessel started drifting, when self then Third Engineer Officer, had to give Main Engines for manoeuvring, in the absence of Chief and2nd Engineer, on an emergency call from Chief Officer, who was also the only officer, on deck. The vessel was brought under control.No disciplinary action taken by the then Surveyor In charge, MMD Cochin though reported, hushed up since the Master, Chief Engineerand the Surveyor, were Cochinnates (locals). National Maritime Administration should have made a serious note of this, but incident wentunrecorded, to at least learn from mistakes. Similarly lapses in attending to maintenance schedules, skipped practically but for documentation.Business need to be though based on trust, which be based on integrity. If there is integrity in policy, fairness and reputation, it is easierto attract and retain talents. Core values are honesty and transparency in this competitive world. Foreign investments will also follow werethere is less corruption. Good governance brings in the best mechanism to instil fairness, transparency, leveraging of technology and genuinelyaddressing the grievances of stakeholders.

Management of Shipping Companies need to ensure, their prime responsibility of creating a conducive work- environment that causes peopleto give their best every day, whether the vessel is out at sea or in port. In theory this could appear simple, since the overwhelming majorityof employees employed out at sea, not distracted from their outside world, on social commitments. Mostly, influential people take job oncoastal ships to be close to their family with article wages.

Those mariners who make decisions in the Office of the Directorate General Shipping, have forgotten the real sea-life, may be owing totheir short stint of life out at sea, nor are they interested to keep abreast of all the hardships faced by squeezed unqualified (without industrialengineering background) manning decisions they make, to only please the ship-owners/ managers. The Conferences and International seminarsconducted are only like show-pieces, for those on office-work to socialise, which will not yield desired results, without realistic feedbackfrom active seafarers. Shipping as an industry, need to be based on latest theory and as well of modern practice, keeping to the times. Hence,there is an inherent flaw in the existing system. We need to therefore bring about an emotional integration among the seafarers, duringthis computer age. This appeal to introduce "Social Security Bill for Seafarers" towards social justice. Prime responsibility of any governmentis to ensure safety and health and protect the interests of Seafarers who are doing hazardous jobs out in the deep seas, with risks and sacrificesand earning foreign exchange to national exchequer. Look into the welfare of retired seafarers, who end up more and more in Old AgeHomes, owing to collapse of the past "Joint Family System". This cry is not only for the socially disadvantaged but also for the affluentsections.

Dr.Chandran Peechulli, Ph.D; F I E (India), Fellow - Institution of Engineers(India), Life Member & Executive Member- Indian Institute of Standards Engineer, T N Chapter; Fellow- Indian Institution of Plant Engineers and Ex.Vice Chairman TN Chapter.Member- Indian Institute of Occupational Health.Chief Engineer(Marine) & GM(T). Consultant- Cee Cee Industrial & Marine Management Consultant.Managing Editor & Publisher-"Marine Waves", Corporate Member-Chennai Press Club

M a r i n e W a v e s 4 November 2007

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W o r l d I n f o D e s k

Decaying fleet promptslawsuit. Environmenta-lists want government tosafely dispose of toxicmaterial in ships in SuisunBay: Environmentalists on Mondaysued to force the federal governmentto clean up toxic material in i tsdecaying fleet of ships near Beniciaand produce a cleanup plan for theU.S. Maritime Administration's shipshere and in Texas and Virginia.Citinga recent study that showed the shipseast of the Benicia Bridge have shedas much as 18 tons of metals intoSuisun Bay, the environmental groupssaid the decaying ships present anentirely unregulated threat to theenvironment and to human health."Ifa corporation were to float a rustybarrel of hazardous waste out there,that would be against the law," saidMichael Wall, an attorney for theNatural Resources Defense Council."The federal government has to complywith the same laws."The Maritimeadministrat ion was consideringbringing the ships for cleaning in toAlameda, but that plan was nixed, dueto opposition by the Regional WaterQuality Control Board, deputy citymanager Lisa oldman said.When oneship was cleaned in Richmond,Goldman said there were problemswith paint scrapings that peeled off theships and were not col lected anddisposed of properly. "Luckily it's notour problem," she said. "They're notcoming here." The Mari t imeAdministration does have a lease tomoor ships on deep water piers atAlameda Point until 2026, but thoseare part of a ready reserve fleet totransport equipment for the military. Incontrast to the Suisun Bay problem,they are not decaying old ships,Goldman said.

Specifically, the lawsuit seeks to forcethe Maritime Administration to safelydispose of the metals, PCBs, oi l ,asbestos and other toxic materials onthe ships.It also seeks to force theagency to conduct an environmentalimpact study of its management planfor the three fleets. Such a studywould analyze the environmentaleffects of maintaining and disposing ofthe ships and would resul t indeveloping management and disposal

methods."We want them to stoppolluting Suisun Bay by addressing the(peeling) paint first and then finding anenvironmentally responsible way todispose of the ships, preferably in theBay Area," said Saul Bloom of the SanFrancisco environmental group ArcEcology, which monitors pollution atfederal facilities.The lawsuit followsstories by Bay Area News Group duringthe past 18 months that detailed theships' pollution problems.

Mari t ime Administrator SeanConnaughton issued a statementsaying the agency would prepare aresponse detailing the government's"ongoing and extensive efforts toensure the safety of thesevessels.""The best way, ultimately, toprotect the Suisun Bay is to removethese vessels in as timely a manner aspossible. We hope this latestdevelopment does not needlessly delayour efforts to remove these vessels,"Connaughton said. The Marit imeAdministration is responsible for themothbal led ships of the NationalDefense Reserve Fleet, the bulk ofwhich are in Suisun Bay, in the JamesRiver in Virginia, and in the Gulf ofMexico near Beaumont, Texas. Many ofthose ships, including at least 56 of the74 near Benicia, are officially obsoleteand scheduled for disposal.

The ships are decaying. To move themto a disposal facility, their hulls mustbe scrubbed clean to ensure organismsgrowing on them do not infest otherwaters. That cleaning threatens toflake off more toxic material.

The state's top water quality regulatorfor San Francisco Bay said in an e-mailto the Times that he welcomed thelawsuit because state regulators havebeen unable to get the federal agencyto obey environmental laws.

"Since the state agencies involved havenot yet been able to get (the MaritimeAdministration) to take action to stopthe discharges from the mothball fleet,we welcome other parties gettinginvolved," said Bruce Wolfe, executiveoff icer of the San Francisco BayRegional Water Quality Control Board.In a later phone conversation, Wolfesaid that because the ships have beenessentially unregulated for years, noone knows how much pol lution iscoming from them. Does the fleetaffect the Bay as much as a refinery

or a sewage treatment plant?

"That's something we don't have goodinformation on. But I would not besurprised," he said. Although theMaritime Administration announcedthis summer that it plans to resumeship disposal, those plans are on hold.Wolfe said the federal agency hasagreed to delay disposal of Suisun Bayships until it develops a hull cleaningplan acceptable to state regulators.Thelawsuit was filed in U.S. District Courtin Sacramento by the NaturalResources Defense Counci l , SanFrancisco Baykeeper and Arc Ecology.

Greek shipping firm tohire more Filipinoseamen: A Greek shippingcompany is planning to hire moreFi l ipino seafarers, and is evenconsidering to move to the country inthe near future. In his speech, Dr. BasilPapachristidis, chairman of HellespontGroup praised the competence andskills of Filipinos in manning vesselsaround the world. "So our relationshipwith this country is bot himportant,and fast-evolving. It will redefine ourdealings with our existing seafarers,and with the maritime academies fromwhich we will source our future officersand engineers. "And it will cause usto become a permanent part of thelandscape of the Filipino maritimecommunity, and perhaps even a defacto Fi l ipino shipping company,"Papachristidis said, during his speechat the 69th lecture of the GlobalizationLecture Series at the Asian Institute ofManagement,Makati City.

The shipping magnate also foreseesthat the Phi l ippines wi l l be ascompetitive as the other nation in thisside of the world in the seafaringbusiness for producing well-trainedseamen. "So, the path of all westernshipping companies will lead to thePhi l ippines and other competit iveseafaring nations in the Far East. And,because today's seafarers aretomorrow's superintendents, shipmanagement will migrate to this partof the world within the nextgeneration," he added.

Another reason why the Philippines isbeing eyed as competent seafarers hubafter the death-knell of Greece asseafaring nation when they entered theEuropean monetary system. Shortly

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after the Euro became Greece'scurrency in 2002, the euro appreciated50 percent against the dollar, andGreek officers and engineers becameuncompetitive overnight," he said.Papachristidis also acknowledged thecountry's role as one of the sources ofsupply of seafaring personnel in theinternational ship management and willprovide an increasing number of shorejobs to qualified and engine officers.

The Greek shipping tycoon, who alsoowns the Mani la Shipment andManning Inc, said that they onlydecided to let Filipinos man their shipsfrom top to bottom in 2004.

"So after three years of total relianceon Filipino seafarers, we are extremelysatisfied and see no need to go furtherthan the top officers that were new toour company," he said.

At present, the company has 500Filipino seafarers and they are lookingto grow to 1,500 in the next two years."Apart from the growth in the numberof our seafarers, the shi ft in ourmanning arrangements will have farreaching implications for our profile inthe Philippines," the shipping magnateadded. The country is the largestseafaring nation in the world,representing 22 percent of the world's1.1million seafarers.

10 killed, over 100missing, as storm hitsS. Bangladesh: DHAKA: Violentstorms triggered by depression haveswept Bangladesh's south andsoutheastern coastal belt, leaving atleast 10 people dead and over 100fishermen missing in the Bay ofBengal. The storm struck the country'ssouthern districts of Barisal, Bhola,Barguna, Noakhal i , Patuakhal i ,Bagerhat, Faridpur and RangamatiMonday night, triggering heavy rain,tornado and landslide and leaving 10killed and over 150 injured.

Several islands in these districts wereinundate by tidal surge up to four feet(1.2 meter) high as the depression hasdeveloped in the Bay of Bengal fourdays ago. Hundreds of thatchedhouses were destroyed, crops weredamaged and innumerable trees andelectric poles were uprooted during thenature's scourge, one in a series thiscalamitous season. House collapse,landslide and crashing trees caused thecasualties. Telephone lines and powersupply were snapped in most of the

affected districts aggravating misery ofthe people and making it difficult forthe local administration to conductrescue and relief operations in remotevillages and islands. Besides, over 100fishermen with 18 trawlers wentmissing in the Bay of Bengal amid theinclement weather since Mondayafternoon, coastguard off icials insouthern Bagerhat district said.

The government has bannedmovement of ferry services in 108 riverroutes. All river vessels were advisedto stay in safe places until furthernotice. Land depression was howeverweakened into a well-marked low andlies over the capital of Dhaka andeastern Comi l la regions Tuesdaymorning, said a meteorologic officebulletin. It said squally weather maycontinue to affect the country'smaritime ports of southeastern portChi ttagong, Cox's Bazar andsouthwestern port Mongla. They wereadvised to keep hoisted localcautionary signal number three. Allfishing-boats and trawlers over thenorth Bay have been advised to remainin shelter till further notice.

Coastal shipping planwelcomed: The Maritime Union ofNew Zealand has welcomed theGovernment's draft coastal shippingstrategy which aims to have at least 30per cent of all inter-regional freightcarried by coastal shipping by 2040.The draft strategy Sea Change,released on Monday by TransportMinister Annette King, was designed torevi tal ise and transform coastalshipping services in New Zealand.Kingsaid that for too long coastal shippinghad been "the poor cousin" of thetransport sector, instead of beinginterconnected with rail and road.

Marit ime Union general secretaryTrevor Hanson said the new strategyidentified how coastal shipping wouldbe an increasingly important part ofNew Zealand's transport system.Thegoal of moving 30 per cent of domesticfreight by coastal shipping by 2040 wasa good start."The Maritime Union hasworked alongside Government andindustry in this area and we are happyto see real progress beingmade."Hanson said coastal shippingoffered advantages, including reducedgreenhouse gas emissions andtransport congestion.

The union was especially pleased thatthere was an acknowledgment of the

need for training young seafarers tojoin the ageing marit imeworkforce."Coastal shipping is on theway back and we need to ensure thatthere are quality, well-paid and skilledjobs available for young people in themari t ime industry."NZ ShippingFederation president Rod Grout hassaid the strategy would enable coastalshipping to access funding to developand promote new services and to traina costal shipping workforce for thefuture.

Shipping the greenest,but will anyone use it? Anational carbon-pricing scheme wouldresult in fewer freight trucks on thenation's roads, a report into thegreenhouse impact of Austral iantransport has found.

However, it concedes that while amodal shift from road transport tocoastal shipping could achieve amodest saving in emissions, this savingis likely to prove difficult to achieve inreality.

The Australia Institute study, funded bythe Maritime Union of Australia andreleased this week, found that a shiftfrom roads to sea freight would delivercleaner environmental outcomes andassist Austral ia meet Greenhousereduction targets. The report foundthat road transport accounted for lessthan 40% of the domestic freight task,but was responsible for over 80% offreight emissions. In comparison,shipping accounted for 22% of thefreight task and only 4% of emissions.However, the report pointed out thatcoastal shipping did not compete withroad and rail in a large enough portionof the domestic freight market to makemode shifting a viable option as ameans of cutting freight emissions.Further, its major rivals in the marketswhere it did compete, were relativelyenergy efficient, meaning any marketshare shipping could capture wasunl ikely to resul t in substantialemission savings.

Maritime Union of Australia nationalsecretary Paddy Crumlin said the reportshowed that Australian shipping shouldbe part of the solution to meeting thechal lenges of cl imate change. MrCrumlin said the Federal Governmenthad undermined shipping - by far themost environmentally friendly transportmode - for more than a decade. "As aresult, Australia's shipping fleet isaging, its market share has been

M a r i n e W a v e s 6 November 2007

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depleted and the potential foremissions reductions has been severelyhampered," he said. "Theenvironmental advantages of gettingfreight off our roads and onto ships areclear - not to mention the obvioussafety benefits for road users." By andlarge, coastal shipping worked intandem with the land transport modes,rather than competing with them formarket share, the study found. In thesmall pockets where shipping didcompete with the land modes - thatwas, intercapital non-bulk and certainresidual bulk flows - shipping wasstruggling to maintain market sharedue to the superior servicecharacteristics of road and rail.

Any increases in fuel costs triggered bya carbon price, would have to be verylarge before it triggered a substantialchange in the domestic freight market.Even then, most of the freight taskwould remain in the hands of the landmodes because of the nature of thefreight f lows, the report said.Optimistic mode shifting scenarioswere modelled where coastal shippingwas most likely to compete: east-westand Melbourne- Brisbane non-bulkmarkets. Many were l ikely to beunachievable under market conditions.

Homecoming of strandedPinoys in Iraq delayed: Thehomecoming of the two Fi l ipinoseamen stranded in Iraq since July hita snag after the Iraqi State Agentrefused to approve their release paperson Tuesday. Rodolfo Limjap and AbrilRicablanca were supposed to take aferry ride from Umm Qasr at 5 p.m. tothe Port Rashid in Dubai, but last-minute appeals to concerned Iraqiauthori t ies to release them wereuseless. The 10 Indians who have beenstranded with the two Filipinos werealso not allowed to leave the port."Please be advised that the releasepaper for all the crew (10 Indians + 2Pinoys) was rejected by the Iraqi StateAgent as they are not accepting anyresponsibility in case some problem willoccur with the repatriation of all crew,"said Renee Dominguiano, a Filipinoassistant port manager of InchcapeShipping Services, who has beenhelping Limjap and Ricablanca takenout of Iraq.

"We have tried our best and talkedwith concerned authorities for therelease of the crew but (our efforts)were in vain," Dominguiano emailed to

GMANews.T.V. during Tuesday night (afternoon in Iraq). "We have decidedto speak with the judge and asked hima favor to release the two Pinoys andone sick Indian crew (all them areratings class). This afternoon I sent myIraqi colleague to the residence of thejudge in Safwan, Iraq in order to getthe release paper, and luckily we gotthe approval for the three persons at5 p.m.," he said. "In order to completethe formalities, we have to bring thepaper tomorrow morning to the officeof the Iraqi State Agent to get a no-objection stamp. The judge assures usthis will be okay," Dominguiano said."We have managed to solicit food forall the crew from Agility Logistics andthe company is willing to help providefor food and water for the rest of thecrew members," he added. "There willbe another ferry tomorrow for Dubaiand will depart here in Umm Qasrabout 6 p.m. We will advise you onceeverything is settled tomorrow," hefurther said.

Compassionate Pinoys. Limjap andRicablanca, who have been stranded inIraq since July and abandoned withoutmoney and food by their employersince September 1, have beensustained by donations of food andpotable water by other Filipinos in theport city of Umm Qasr. A kind-heartedFi l ipino who simply wanted to beidentified as a "concerned Pinoy fromUmm Qasr" has agreed to provide fortheir Dubai-Manila plane tickets andpocket money. The benefactor hosteddinner on Sunday and gave $500 eachto Limjap and Ricablanca for theirplane ticket, which would each costroughly $300, and the rest for theirpocket money. Dominguiano broughtthe two seamen to their benefactor onSunday afternoon. The two had beenissued visa by the Philippine consulatein Dubai, and Dominguiano has beentrying to arrange for their flight toMani la on November 1 via QatarAirways, but with the delay in theapproval of their release paper, theirflight would have to be moved. If thetwo would be able to get out of Iraqtomorrow, they would be arriving inDubai on Friday. The Center forMigrants Advocacy has been closelycoordinating with concernedgovernment officials and its networkpartners in the Middle East for help.

Limjap, 33, from Rosario, Cavite has ason who is turning three years old onNov. 17 while Ricablanca, 35, fromIloi lo City, has five chi ldren aged

between three to 10. Dominguiano hasassisted in securing the requireddocuments and waiver of visa fees withthe Umm Qasr Port Authority for theirrepatriation. The two are among thecrew of MV Pishgam, registered at St.Kitts & Nevis, but its real owner is anIranian who had abandoned the shipwhen it got embroiled in a court case,Dominguiano said.

MV Pishgam is under the managementof Aries Shipping management, aUnited Arab Emirates (UAE) shippingcompany, and chartered by IslamicRepublic of Iran Shipping Lines to takeDubai, Iran and Kuwait routes. Theship arrived in Umm Qasr on July 21and a few days later, an Iraqi judgeordered a hold departure order for thevessel, stemming from a court case aconsignee had filed in an Iraq court.

Quick response: Philippine officials andagencies prompt ly responded toappeals for help through CMAexecutive director Ellene Sana who hasbeen coordinating the efforts fromearly morning until late into the night."I talked already to Limjap and hisIndian captain. Iraqi court may lifttravel restrictions on Monday but (theship) captain needs guarantees thatferry fares of two Filipino seamen arerefunded and entry visas to Dubaiarranged," said Philippine Ambassadorto Kuwait Ricardo Endaya on Saturday."I sent already a report to DFA forimmediate action." Endaya used toserve as charge d'affaires in Iraqbefore his transfer to Kuwait monthsago. Overseas Workers WelfareAdministration chief Marianito Roquealso quickly responded to the requestof CMA for assistance through theOWWA representatives in Dubai, whichhas agreed to shoulder the ferry faresof Limjap and Ricablanca from UmmQasr to Dubai. Foreign UndersecretaryRafael Seguis; Crescente Relacion,executive director of DFA's Office ofthe Undersecretary for MigrantWorkers' Affairs (OUMWA); charged'affaires Wi lfredo R. Cuyugan inAmman, Jordan; and Phi l ippineconsulate and labor officials in theUnited Arab Emirates have beenhelping process the repatriation of thetwo stranded seamen to Manila.

Reverend Stephen Miller of the Missionto Seafarers (MTS) in Dubai alsoresponded positively to CMA's urgentcall for help. MTS, a foreign partner ofCMA in attending to the needs ofdistressed seafarers, is also assisting in

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the repatriation of the Indian crew.

CMA's partner in the Middle East, theJeddah-based V-Team Advocacy andCommunity Service, was also on handto help coordinate the efforts. ThePhilippine consulate general in Dubaihas agreed to shoulder the costs ofLimjap's and Ricablanca's UAE visas,drawing from i ts Assistance toNationals fund. Sana said OWWA Dubaihas been locating the employer of theseamen to try to recover their unpaidsalaries.

Family's appeal; Limjap's wife, Dizzadela Rosa, said their son Rodolfo Jr.has been praying to have his dad homewhen he turns three years old on Nov.17. "Talaga pong pinanghihinaan naako ng loob kasi hindi ko na po alamkung ano ang gagawin ko kasi nagwo-worry na po ako sa asawa ko nanagkasakit na po. 'Yung dumi n'ya pomay dugo daw. Hindi naman daw popwedeng dalhin sa hospital gawa ngdelikado kaya dun lang daw po sila saport," Dela Rosa said. "Kahit poundocumented at 'di nagdaan sa POEA(Phi l ippine Overseas EmploymentAdministration) ang asawa ko pinatosn'ya ang offer na direct hire kasi guston'ya po makaipon dahil gusto n'ya poipagamot ang anak n'ya kasi ang babypo namin pag umiyak or nasasaktanbiglang na ngingit im at hindi nanakakahinga," she explained. "At angisa pa po n'ya na reason ay gusto n'yahanapin ang tatay n'ya kasi 29 yearsna po silang hindi nagkikita. Hindi n'yapo alam kung nasaan po. Sabi n'ya pagmay ipon na s'ya madal i n'yamagagawa 'yun, kaso paano n'ya pa pomagagawa 'yun gayung kahit s'ya nasadelikadong sitwasyon," Dela Rosa said.

"Kaya din po n'ya tinanggap 'yungtrabaho na 'yun kasi ang dami n'ya napo inaplayan dito wala po tumanggapsa kanya kasi wala po s'yang US visakasi lahat po ng seaman na tinatangapngayon ay 'yung may mga US visa nadaw po. Sabi n'ya kung hindi n'ya dawpo tatanggapin 'yun paano n'ya pa rawpo maipapagamot ang anak n'ya atpaano n'ya pa rin daw po mahahanapang tatay n'ya," Limjap's wife added."Sana matulungan n'yo na makauwiang asawa ko na may sakit. Hindi balena po na hindi niya makuha angsweldo niya ng eight months bastamakauwi na lang po si la," sheappealed. Ricablanca's sister, MelindaValenzuela, said from Iloilo City thatRicablanca accepted the job in theMiddle East out of desperation to earn

a living for his family. She said he didnot have a regular job before leavingfor abroad. "Nag-e-extra lang saconstruction. Ang asawa wala ringtrabaho." "We know they have beenstranded but we do not know what todo. We don't know where to go. Wehave no money," she said. Ricablancais 10th in brood of 11.

Lost at sea

According to Dominguiano, MVPishgam left Port Rashid in Dubai onJuly 7, heading for Umm Qasr, Iraq.When the ship turned after channelingone island between the UAE and Iraq,it tilted 25 degrees portside, snappingthe lashings on the containers. As theship maneuvered to safety, 34containers fel l into the sea. Theconsignee of the containers filed aclaim in a Dubai court and anothercase in Iraq. The consignee demanded$1.5 million compensation for the lostcargo. But the ship owner and itsinsurer simply shied away from thecase, noting that the declared value ofthe entire ship is only $300,000.

Since September 1, the ship owner hascut off food and water supply for thecrew, Dominguiano said.

On tourist visas: "Limjap andRicablanca arrived in Dubai in Januaryon tourist visas. They were directlyhired by MV Pishgam managementthrough the recommendation of Capt.Alex Calaguas, a friend of the two, theformer captain of the ship. Calaguasresigned from Aries Shipping shortlybefore MV Pishgam set sail for Iraq.

Towards an integratedmaritime policy: The seasurrounding the Maltese territory hasalways been a main source ofeconomic income and a prominentcharacteristic in the promotion ofMalta's own identity. Malta is one ofthe EU maritime nations which has asignif icant percentage of its ownpopulation and GDP depending on itscoastline areas and its seas. Since itheavily depends on such a spectrum ofsea-related activities, competitivenessand prosperity need to move in tandemto achieve optimal results. Obstaclesand challenges throughout the years,as well as the increasing globalisation,have tr iggered the EuropeanCommission, more than a year ago toadopt a Green Paper which also servedas a consultation paper on a FutureMarit ime Pol icy for the European

Union. After a significant period ofconsultation, a Communication on aMaritime Policy was launched, alongwith an action plan, on 10 October,steered by EU Commissioner forFisheries and Maritime Affairs, JoeBorg. For the European Commission,the term 'maritime' now embraces awider array of sea-related sectoralpolicy areas, such as aquaculture,cl imate change, energy, fisheries,transport, tourism, and the protectionof the marine environment. However,al l these sectors involve a goodnumber of authorities and partnerscoming from different fields. The cruxof it all is how all these intertwiningsectors can reap the benefits from thisrational and comprehensive method ofone European policy, and how to usethe full potential of this sea-basedeconomic activity in an environmentallysustainable way, in accordance withthe principle of subsidiarity, whilst alsoconsidering the fact that they havetraditionally and extensively workeduni lateral ly on a sector-by-sectormethod.

Malta has involved several entitiesduring the consultat ion period,including various ministries and anumber of authorities, such as theMalta Maritime Authority, the MaltaResources Authority and the MaltaEnvironmental and Planning Authority.An initiative by the Competitivenessand Communications Ministry also sawthe setting up of a Maritime PolicyForum. Shipping plays an importantrole in the creation of jobs, trade andeconomic activities in the EuropeanMember Countries. An integratedmaritime policy will give the necessaryimpetus to promote high-techshipbuilding and marine engineering. Acompromise needs to be reachedbetween shipping, safety and securityand environmental protect ion.Challenges coming from outside the EUincrease competition and, if the EUshipping industry proves to be viable,shippers would be encouraged to re-invest in their fleet. But this does notdepend solely on their capability.

A range of negotiations need to beplanned through the Commission'sproposals. According to the MaltaInternational Shipping Council, thegreen paper contains positive aspectsregarding this industry. Conferenceswith stakeholders were held. Numerouspoints of concern were drawn upranging from safety and environment,

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to labour issues and the overlap ofcertain institutions where these alreadyand effectively exist at national level.As for Europe's ports, the EU will aidin their development to prosper bothin the coastal and inner regions. In thelong-term, this would help marine-related trade, not to mention thesuppression of exhaust emissions fromships in harbour, the support given tolocal f ishing communit ies, cruiseshipping, marine heritage conservationand related maritime tourism activities.The Maritime Law Advisory Council inMalta has also contributed to theconsultation process through a numberof sub-committees, particularly the oneon the EU directive on ship sourcepollution, salvage and the role of thisindustry in protecting the marineenvironment.

The Conservation Biology ResearchGroup, University of Malta and BICREFrecognise the need for an EU policythat formulates al l encompassingregulations that would address thevulnerability of small island memberstates to marit ime issues andproblems. They recognise the need tostrive for sustainable developmentresearch, amongst other things,through conservation and marinescience - especially the conservation ofmarine biodiversity at genetic, speciesand eco-system levels. In line with theLisbon goals, an integrated maritimepolicy is the new tool that would helpstem the recent declines in sea-goingand on-shore mari t ime-relatedemployment and would promoteinnovative maritime industries andtechnologies that would help preserveEurope's maritime skills.

Green fury as oil transfersare ruled out of MarineBill: THE controversial practice oftransferr ing tonnes of crude oi lbetween tankers will not be covered bya UK Marine Bill, it emerged yesterday,sparking fury among environmentalists.

It was expected that the bill wouldregulate industry in the sea and ensurethat potentially hazardous activitieswere carr ied out in the mostappropriate place. This issue has beenhighlighted by the lack of regulationscovering a proposal to transfer Russiancrude in the Firth of Forth, where anyspill could harm important seabirdcolonies, whales, dolphins and otherwi ldl i fe. Environmental groupsyesterday said ship-to-ship transfer

should be "one of the first things"covered by a Marine Bil l , and itsabsence exposed the UK Parliament'swhite paper, published in March, on thesubject as a "public-relations exercise".There is mounting concern aboutdelays in introducing new marinelegislation and that any subsequent billwi ll fail adequately to protect theenvironment, amounting to little morethan a "manifesto for furtherexploitat ion of the sea". Aspokeswoman for the Department forEnvironment, Food and Rural Affairs(DEFRA) told The Scotsman: "It is notfor the Marine Bill to make changes tocontrols over ship-to-ship transfers,and it will not. "Regulation of thoseactivities would be the subject oflegis lat ion relat ing to merchantshipping, the responsibi lity of theDepartment for Transport. They arecurrently regulated by the Maritimeand Coastguard Agency. "The MarineBill will not address merchant shippingor the activities of the Maritime andCoastguard Agency."

The white paper also appears to ruleout the entire oi l and gas sector,suggesting the Department forBusiness, Enterprise and RegulatoryReform (BERR, formerly theDepartment for Trade and Industry, orDTI), will be in charge, but it is writtenin vague terms. It says: "The oil andgas sector will, of course, feature inand take account of marine plans whenmaking l icensing and consentingdecisions. But in the absence of anycompelling evidence that the currentsystem is failing, on balance we believethat the resources we have availableare best directed at introducing otherreforms that wi l l br ing greaterbenefits."

Dr Richard Dixon, of WWF, a memberof the Scottish Government marineadvisory group, AGMACS, thatpublished its landmark report this year,said it made no sense to excludemarine activities from a Marine Bill. Hesaid the "logical position" was thatship-to-ship transfers should becovered by a Marine Bill, but this was"part of the ongoing battle DEFRA hasbeen having with the DTI" (now BERR)for years. "Particularly with oil and gaslicensing offshore, they don't want togive it up," he said. "The reason weare in a mess is two Whitehal ldepartments are still squabbling. If youask any person in the street to havea think about what should be included,they would come to the conclusion the

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whole point of the system is to includeeverything so you can weigh things up."The fact we are excluding anything atall is really very silly. In principle terms,it is completely daft to continue tohave parallel systems."

A spokesman for the Scottish GreenParty said: "It exposes the public-relations exercise they are engaged inwith the marine white paper.

"It suggests a Marine Bill that's simplythere to make i t appear thegovernment is going to do somethingabout the complete mess of the lawsgoverning the seas.

"Ship-to-ship should be one of the firstthings in there. This is the whole pointof it: to draw together all the disparatelaws governing the seas to co-ordinatethem and ensure there is a sensiblemanagement plan."

Calum Duncan, of the MarineConservation Society, said that, whileboth the UK and Scottish governmentshad promised to introduce Marine Bills,the devil would be in the detail. "UKMarine Bills will have failed if they onlyprovide a manifesto for furtherexploitation of the sea without thechecks in place to safeguard themarine eco-system on which thisdepends," he said.

Maritime Admiralty Law:A Short History: Maritime lawis a legal body that regulates ships andshipping. As sea-borne transportationis one of the most ancient channels ofcommerce, rules for maritime andtrade disputes developed very early inrecorded history. Modern admiralty law,often cal led simply admiral ty ormaritime law, has its origins in theclassical Rhodian law. No primarywritten specimen of the Rhodian lawhas survived, but it is alluded to inRoman and Byzantine legal codes aswell as the customs of the HanseaticLeague, the dominant trading power ofthe Middle Ages and Early Moderneras. Whi le travel ing the easternMediterranean on the Crusades withher first husband,

King Louis VII of France, Eleanor ofAquitaine discovered a complicated andadvanced system of admiralty law. Shebrought back this admiralty law andadministered it upon her people on theisland of Oleron. Later, while acting asregent for her son King Richard theLionheart in England she founded theBritish system of admiralty law. In

England, special admiralty courtshandle all admiralty cases. The courtsdo not use the common law ofEngland. In this same way, admiraltyor mari t ime law is dist inct fromstandard land-based laws even today.Even within another countrys claimedwaters, admiralty law states that aships flag dictates the law. This meansthat a Canadian ship in Americanwaters would be subject to Canadianlaw and crimes committed on boardthat ship would stand trial in Canada.In the United States the SupremeCourt is the highest court of appealsfor admiralty cases, though they rarelyprogress beyond the state level. UnitedStates, admiralty law is of l imitedjurisdiction, so it is up to the judgesto assign verdicts based on acombination of admiralty and specificstate law. Because admiralty law issuch a complicated set of laws, with arich history and specific cases andimplementation, many lawyers focusspecifically on the field of admiraltylaw. If you have a case that falls intothis category, your regular personalattorney may not be able to help. Thespecific circumstances of admiraltyjurisdiction make it prudent, andperhaps necessary, that you hire aspecific admiralty lawyer.

Pentagon official: U.S.Africa command to focuson maritime, environmen-tal security: WASHINGTON, Oct.26 (Xinhua) -- A major focus of themilitary's new U.S. Africa Command(AFRICOM) wi l l be marit ime andenvironmental security, a Pentagonofficial said. Deputy AssistantSecretary Of Defense For AfricanAffairs Theresa Whelan made theremarks at a media round-tableThursday, the Defense News reportedFriday. Whelan said maritime securityconcerns were at play for the newcommand. "What we're seeing is moreand more drugs being moved throughAfrica via maritime routes, arms beingmoved; there's trafficking in personsthrough maritime routes," she said."And then of course there's piracy,which is influencing or impactingnegatively on international shipping,"Whelan added. She also noted theenvironmental securi ty is "veryimportant for the continent (Africa)economically."

A World Bank study has revealed"countries like Mozambique were losing

a billion U.S. dollars a year from illegalfishing and also the destruction to theirreefs," Whelan said. In December2006, U.S. President George W. Bushdecided to establish a new commandfor the entire continent of Africa. OnSept. 30, 2007, the Pentagon said theAFRICOM has reached its " ini t ia loperating capability," and will be fullyestablished by September 2008. Thecommand is current ly located inStuttgart, Germany, but will eventuallybe headquartered on the Afr icancontinent.

ELAA seeks precise post-conference guidelinesfrom EC: The European LinerAffairs Association (ELAA) has calledfor more precise guidelines from theEuropean Commission (EC) than theones issued recently on how the post-conference world would be governedafter October 2008.

"Lawyers advise me that there is muchstill open to interpretation", Mr ChrisBourne, ELAA's Executive Director, saidat the recent European Maritime LawOrganisat ion's (EMLO) annualconference. "We would hope that thesepotential ambiguities are eliminated inthe final version".

Mr Bourne explained how the 20leading container shipping lines in hisgroup would be allowed to act underEU law when Regulation 4056/86 isrepealed next year and the l inerconference system becomes illegal inEurope.

But matters are not clear, he said, andthere are fears that imprecise wordingof the Draft Guidelines, issued by theEC's Directorate-General ofCompetition (DG Comp), will lead to a"repeat of the legal wrangles of yearsgone by".

Under the new guidelines, Mr Bournebelieved that carriers would be able tolegally meet under the auspices of atrade association as long as discussionsare based on publ ic ly avai lableinformation.

"Trade volume data in a sui tablyaggregated form may be gathered andpublished. This data need not be'historic ' given how quickly i tsusefulness can become obsolete.Critical supply and demand forecastingwill be allowed as data on both sidesof the equation will now be within thepublic domain. And it will be legal to

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publish a quarterly price index trade bytrade", an ELAA communiqué pointedout.

"We are pleased that DG Comp hastaken onboard so many of the practicalsuggestions that the lines require inorder to provide a reliable and efficientservice for their customers", said MrBourne. "Moreover, there are none ofthe false accusations of collusion inthese Draft Guidelines as we have beensubject to in the past".

He reiterated that the lines operatingwithin the conference system hadalways done so in accordance with law.It remains their intent, he underscored,to continue operating in a similarmanner.

"My plea to the Commission, however,persists. The industry requires anddeserves clear and precise guidelinesthat wi l l direct the l ines in theircooperative actions and that will avoidt ime and money wasting legaldisputes", Mr Bourne added.

Maritime AdministrationReleases Compilation ofMaritime Laws: The MaritimeAdministrations announced i t hasreleased its annual Compilation ofMaritime Laws for fiscal year 2007.Each year since 1995, the MaritimeAdministration has published the lawsas an essential reference for its Agencyleadership and staff. The compilation isalso widely used by the Members ofCongress, their staffs and committees,attorneys practicing in the area ofFederal Maritime Law and interestedmembers of the general public. TheMaritime Administration believes that itis essential that this publication bemade available to ensure access to thecurrent state of significant maritimelaws, including current statutoryamendments. This publication hasbeen changed considerably from earliereditions to reflect the codification ofTitle 46 Appendix, United States Code,in Public Law 109-304. An Index givingthe old and new citations for variousprovisions of law has been included atthe end to help the reader find newsection numbers. The volume iscurrent through the second session ofthe 109th Congress. Whi le thiscompilation is a helpful research tool,citation to the law should be made byreference to the United States Code orother official reporters.

Colombo port adds toIndia's China woes: The raceto build Sri Lanka's newest and mostcompetitive terminal as part of the SouthHarbour project in the Colombo port hasbegun, with five of the best of corporatenames locally and in the global shippingarena officially confirming their interestwith detailed plans and information.Thebid called for by Sri Lanka's ministry ofports and aviation is for a three-berthterminal to handle around 2.4 milliontwenty-foot equivalent units, or TEUs, peryear. Construction costs have beenestimated at more than $500 million.

In the fray are: Current operator of theQueen Elizabeth Quay in Colombo port,John Keells Holdings PLC-South Asia,Gateway Terminals in partnership withPembinan Ridzai Berhad, the owners ofWestports Malaysia Sdn Bhd, financialgiants Hayleys Limited and holdingscompany Carson Cumberbatch &Company Limited in partnership withFrench shipper CMA CGM Group's portarm Terminal Link, Singapore's PSAInternational Pte Ltd partnering logisticsconglomerate Aitken Spence ShippingLtd, Hong Kong's Hutchison Port Holdingsand Hanjin Shipping with its local agentsNavigation Maritime.

One of these five bidders, the HongKong-based Chinese company HutchisonPort Holdings, was barred by India lastyear from participating in a project tobuild a container port in Mumbai, citingsecurity concerns, states an AssociatedPress report published in the InternationalHerald Tribune of August 30, 2006.According to this report, the HPH was theonly candidate out of 10 that was barred,with security clearance being denied. Itis believed that the presence of an Indiannaval base near the Mumbai port was thereason for denial of permission to theHPH, controlled by Hong Kong tycoon LiKa-shing, who has strong ties withBeijing.

Reportedly, this is also not the first timeHutchison has faced security concernsrelated to its port operations overseas.Conservatives in United States Congressare supposed to have warned againstallowing the company to expand itsinterests in Panama, accusing it of beingan agent for China and posing a long-term strategic risk to American interestsin the Panama Canal.Over the years Sino-Indian relations have undergone times ofboth war and peace, with both competingto be the premier Asian power. The twocountries are widely regarded as

emerging superpowers in theregion.While world attention is becomingincreasingly focused on these two risingAsian powers' phenomenal economicgrowth and political clout, how Beijingand New Delhi manage their bilateralrelationship will be critical for regionaland global peace and prosperity in theyears to come.

Chinese President Hu Jintao's visit toIndia in November 2006 was the firsthigh-level visit in a decade, a decade thathas experienced rapid expansion of tiesin political, economic and securityspheres.The bilateral relationship hasbeen marked by regular high-level visits,growing cooperation on a range ofinternational and regional issues and theestablishment of a strategic andcooperative partnership for peace andstability.In July 2006, the two countriesreopened the historical Nathu La passwhich means meaning 'Listening Ear' andstanding at 15,000 feet which was closedin 1962 after China's invasion -- topromote border trade further.Despiteprogress in bilateral relations over thepast few years, mutual suspicions remain,partly due to the dynamics of securitydilemma and structural conflicts betweenthe two Asian giants.

India has watched China's phenomenalgrowth in economic and military areaswith alarm. Likewise, China is payingclose attention to India's growing militarypower and its nuclear and missiledevelopment, as well as the significanceand implications of a warming US-Indiarelationship, marked by growing defenceties and the nuclear deal.Meanwhile,China is increasingly making its presencein the region felt.

In March 2007, Pakistan PresidentGeneral Pervez Musharraf formallyopened the Gwadar port in Pakistan'sBalochistan province, the country's thirdport. It will be completed with financialand technical assistance from China,which has so far provided 80 per cent ofthe initial development costs. Oncecompleted, the Gwadar port will rankamong the world's largest deep-sea ports.

With this investment, China takes a giantleap forward in gaining a strategicfoothold in the Arabian Sea and theIndian Ocean. Its presence in the IndianOcean will further increase its strategicinfluence with major South Asian nations,particularly Bangladesh, Nepal, Pakistanand Sri Lanka.The Gwadar port is said tobe part of the Chinese naval expansionalong the Asian and African coasts called

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(Contd. on page 13)

the 'string of pearls' initiative, accordingto a US Department of Defence report.It entails the maintenance of ports andbases at strategic places in the region. Apresence in Gwadar provides China witha 'listening post' where it can 'monitor USnaval activity in the Persian Gulf, Indianactivity in the Arabian Sea and future US-Indian maritime cooperation in the IndianOcean,' states Zia Haider, an analyst atthe Washington-based Stimson Center.

A report titled 'Energy Futures in Asia'produced by defence contractor BoozAllen Hamilton for the Pentagon notesthat China has already set up electroniceavesdropping posts at Gwadar, whichare monitoring maritime traffic throughthe Strait of Hormuz and ArabianSea.China's foothold in the Arabian Seahas understandably set off alarm bells inIndia. For India, China-Pakistancollaboration at Gwadar and China'spresence in the Arabian Sea heightensthe feeling of being enveloped by Chinafrom all sides. A foothold in the West Portof Malaysia's Pelaboham Kelang port mayalso be regarded as yet another strategicmove in this regard, adding to India'swoes.

China is steadily extending its reach intoSouth Asia with its growing economic andstrategic influence in the region. Inkeeping with its economic expansion,China has invested wisely and hasdeepened its influence in the region,especial ly with India's immediateneighbours, by skilfully deployingeconomic incentives to draw Bangladesh,Nepal, Pakistan and Sri Lanka into itsorbit. Both China and India would 'like'Sri Lanka, which conveniently occupies astrategically important heft of the IndianOcean stretching from the Middle East toSoutheast Asia, on 'their side.'

Beijing has longstanding, exclusive, andfriendly relations with Colombo, but verymuch to Beijing's convenience, theprolonged ethnic conflict in Sri Lanka hasstrained relations between Colombo andNew Delhi, with India having a Tamil-majority state of its own, forcing her totread cautiously in mediating the conflict.China, however, has no such balancingact to perform, and is only too happy tosupport Sri Lanka's territorial integrity.

China recently dropped anchor at yetanother of its 'pearls' in the Indian Ocean,with its involvement in the Hambantotaport development project. Although theChinese role in this project may not bejust about influence in Sri Lanka, the factremains that it brings China's presence

close to Indian shores. Besides, withHambantota, China's attempts to envelopIndia has been further consolidated, bylurking in waters too close home. Andnow, with the Chinese companyHutchison Port Holdings in the final frayto get a foothold in the strategic Port ofColombo, what of India?

21 sailors rescued fromcapsized N. Korean ship:More than 2,000 Chinese rescuers hadsaved 21 people by 8:30am today aftera North Korean cargo ship capsized in thesea near east China's Shandong Provinceyesterday afternoon.The crew membershave been sent to local hospitals andrescuers are still searching for the twomissing people.The accident happened inthe Yellow Sea area between Yantai andWeihai cities, about four nautical milesfrom the shore, said an official with theprovincial maritime bureau.Chineseauthorities arranged 2,000 residents, 500soldiers and dozens of ships to search forthe missing crew, the report said.

Koreans Aboard JapaneseTanker Hijacked in SomaliWaters: A tanker registered in Japanwith two South Korean crewmembersonboard was reported missing off thecoast of northern Somalia, Monday,according to an international piracywatchdog. One of the Koreans is thecaptain of the vessel, while the other isthe chief engineer, according to YonahpNews Service. They have not beenimmediately identified by name. Theagency quoted the International MaritimeBureau's (IMB) Piracy Reporting Centerbased in Kuala Lumpur, as saying that thetanker with 23 non-Japanesecrewmembers including Filipinos andMyanmarese was seized in the Gulf ofAden when the ship entered Somaliwaters.

The watchdog said that the vessel sentout a distress message but did notdisclose further information, it added. TheForeign Ministry in Seoul, however, saidthat it is unclear whether the signal wasrelated to a kidnapping or whether piratesseized the ship. The report came amidmounting concerns for four South Koreanfishermen and 20 other nationals beingheld captive in Somalia by pirates sinceMay.

Two South Korean fishing vessels weretaken in waters off Somalia in May, withfour South Korean sailors, 10 Chinese,four Indonesians, three Indians and threeVietnamese aboard. The abductors have

demanded $1.1 million in ransom.Japanese authorities also confirmed thatthe ship had no Japanese crewmembers,Yonhap said. Somalia is located alongmajor shipping routes linking the Red Seato the Indian Ocean, through which manyfreighters pass on their from Asia toEurope and vice versa.

The coasts have been virtually unpolicedover the last 16 years as Somalia,currently led by a U.N.-backed transitionalgovernment, battles to establish authorityamid challenges from an Islamicinsurgency. Pirates have attacked severalvessels this year in the area waters,according to the maritime watchdog.

U.S. Supreme Court toHear Exxon Valdez Appeal:The U.S. Supreme Court has agreed tohear an appeal by the Exxon MobilCorporation. Exxon is seeking to overturn$2.5 billion in punitive damages theywere ordered to pay by the United StatesCourt of Appeals for the Ninth Circuit forthe 1989 Alaskan oil spill. The SupremeCourt agreed to take the case to settlethe question of whether the awardviolates federal maritime law. The case,Exxon Shipping Company, et al.,Petitioners v. Grant Baker, et al. (No. 07-219), is expected to clarify the questionof punitive damages and will be heard inSpring 2008.

In March 1989 the Exxon Valdezsupertanker ran aground on a reef andspilled eleven million gallons of oil intoAlaska's Prince William Sound. That spillpolluted over 1,200 miles of the Alaskancoastline, killed hundreds of thousands ofbirds, fish, and marine animals anddamaged the local economy. Almost33,000 Native Alaskans, fishermen,landowners, canneries, and localgovernments and businesses filed a class-action suit against Exxon Mobil. In 1994,an Alaskan jury awarded the plaintiffs $5billion. That award was cut in half by theCourt of Appeals for the 9th Circuit inDecember 2006 (No. 04-35182).

For background information and historyon the Exxon Valdez check out thesesites:

• Exxon Valdez Oil Spill from theEnvironmental Protection Agency (EPA)

• Exxon Valdez Oil Spill Trustee Council

• Long-Term Monitoring Program fromNOAA's Office of Response andRestoration

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M a r i n e W a v e s 13 November 2007

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(Contd. from page 11)

* Prince William Sound: An Ecosystem inTransition

* Prince William Sound: Our ChangingPerspective on Recovery

• NMFS Office of Exxon Valdez Oil SpillDamage Assessment and Restorationfrom the National Oceanic andAtmospheric Administration (NOAA).

GE's Environment PushHits Business Realities: "Twoyears ago, General Electric Co. ChairmanJeffrey Immelt vowed to make GE acorporate leader in addressing climatechange. Since then, Mr. Immelt says, he'sheard a refrain from some big GEcustomers: 'Can't you just shut up andsell us stuff? That would be a paraphrase,maybe with a few blanks in between.'Customer grumbling isn't the only hurdlefacing the effort to bring earth-friendlypolicies to a $163 bill ion-a-yearconglomerate that sells everything fromairplane engines to light bulbs. Some ofMr. Immelt's underlings have questionedwhether carbon-dioxide emissions are a

proven cause of climate change. And hehimself is willing to push GE only so far.'I don't want to change the economicflow of the company,' Mr. Immelt says.So GE continues to sell coal-fired steamturbines and is delving deeper into oil-and-gas production. Meanwhile, itsfinance unit seeks out coal-relatedinvestments including power plants,which are a leading cause of carbon-dioxide emissions in the U.S. Yet theselimitations haven't stopped GE frommaking a big marketing to-do of itscommitment to the environment. Indeed,the primary focus of the conglomerate'smarketing efforts these days is a $1million-a-year campaign to publicize itssearch for 'innovative solutions toenvironmental challenges'."

Union unhappy with newvisa system for foreigncrew: Perth - Australian body ShippingAustralia and the country's maritimeunion, the MUA, are at loggerheads overa new crew visa system due to beimplemented on January 1. The MaritimeCrew Visa (MCV) is a document forforeign sea crew that will replace the

Special Purpose Visa. The visa requiresno application and is automaticallygranted to foreign crew when they arrivein Australia on a non-military ship.Foreign crew have been able to apply forthe MCVs since July 1 this year. TheMaritime Union of Australia has claimedthat checks under the new visa systemare not as stringent as the immigrationchecks that are applied for other visasissued to foreign visitors.

An MUA spokesman said that foreigncrews needed only to apply for a visaonline, quoting their passport number,and it was usually issued within threedays. The MUA spokesman claimedforeign ships carrying dangerous cargosuch as ammonium nitrate weretherefore unregulated and posed asecurity risk. Llew Russell, chief executiveof Shipping Australia, said: "Of the80,000-plus visas issued already, noproblems have arisen as a result of thisfull security check. "The MUA claim thefact that such cargo is carried by vesselsregistered in open registries, such asLiberia, adds to the security risk becauseof lax safety requirements and few

Wedding InvitationDr. Chandran Peechulli, Ph.D

Fellow - Institution of Engineers(India),Managing Editor & Publisher "Marine Waves" Maritime Newsletter (Monthly)H109/8, Mahatma Gandhi Road, 7th Avenue, Besant Nagar, Chennai-600090.

Tel: 044-42019895/8982, 32955222. [email protected]

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P. Ramachandran, Regional Probation Officer(Retd.) Prisons. T.N. Service

Management & Staff of "Marine Waves" publication

(Contd. on page 14)

M a r i n e W a v e s 14 November 2007

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(Contd. from page 13)

minimum working conditions. It wasclaimed that the US would not allow suchvessels to trade on their coast." Russellsaid the MUA "well knows that the JonesAct in the US restricts carriage of theirdomestic trade to US registered vessels"."Furthermore, registries such as Liberiaare more responsible in fulfilling therequirements of a flag state than anumber of national registries in terms ofimplementing many InternationalMaritime Organisation vessel safetyconventions."

Australia's Department of Immigrationsaid applying for the MCV requires aformal visa application process to enablesecurity checking, "thereby bringing thearrangements for foreign crew into linewith other temporary entrants toAustralia".Immigration authorities saidforeign crew who fail to meet the newrequirements may be restricted on boardthe vessel. The operator, master,charterer, owner and agent may also beliable for a fine of US$4,457 for eachperson who is refused immigrationclearance. The MUA has hailed a dealbet- ween shipowners and unions thatwill see a levy support seafarer jobs indeveloped countries. The deal, brokeredthrough the International BargainingForum of unions and shipowners,imposes a $10 per month levy perseafarer on over 3,500 ships employingmore than 100,000 crew.

European Maritime PolicyGreen Paper: The Confederationon European Maritime TechnologySocieties (CEMT) has responded to aninvitation from the European Commissionto comment on its Maritime Policy GreenPaper. In its response, CEMT endorsesthe need to bring together, in anintegrated fashion, the multiple sectorsand interests in the marine industry andenvironment. It strongly believes that thefuture success of the European maritime

industry requires such integration. Ittherefore recognises and supports theneed for the EU to have an integratedmaritime policy if this is to be achieved.

However, it considers that such aEuropean maritime policy must be set inthe context of a maritime industry whichis international and operates in anenvironment, which does not recognisegeographical borders.

For example, in respect of safety and theprotection of the environment, it musttake cognisance of internationallegislation and regulation such as thatgenerated by the International MaritimeOrganisation.

There are a number of specific issueswhich CEMT believes an integratedEuropean maritime policy must addressif it is to provide the foundation of acompetitive and successful maritimeindustry, and these are contained in theenclosed comment. In its response, CEMTalso proposed a number of criteria whichit considers should be met by a successfulmaritime policy, and may therefore beused to asses the adequacy andeffectiveness of the policy in meeting itsstrategic objective.

CEMT is an independent confederation ofprofessional institutions (those involved ineducation and professional development)and learned societies (those facilitatingthe exchange of information) in the fieldof maritime technology, in the UK,Netherlands, Italy, France, Spain,Portugal, Greece, and Germany. Thecurrent chairman of CEMT is Mr. TrevorBlakeley, Chief Executive of RINA.

Monitoring traffic inNorthwest Passage: In thelatest attempt to assert its Arcticsovereignty, Canada is set to beginmonitoring all water-based traffic in theNorthwest Passage using underwaterlistening devices, sources have told CBCNews. Canada's ability to monitor the

Northwest Passage is currently quitelimited, something experts say willincreasingly become a problem as othercountries vie for a piece of the Arctic. Asearly as next summer, the federalgovernment plans to lay and test fibreoptic cables connected to underwaterlistening devices in the passage that allowthe military to keep a close eye on whomight be trying to access the watersunannounced. The technology will detectnot only ships, but also submarines.

The cost of the venture has not beenrevealed. A similar plan in the 1990s fellapart because of a $100-million price tag.Canada may have to pay a hefty price toassert its sovereignty over the Arctic, anarea where other countries have signalledintentions to claim parts as their own.With the Arctic considered a potentialtreasure trove of resources, including oil,gas and even diamonds, Canada's newestproject may determine how the countryprotects its claim to the area.Canadiancapabilities are currently extremelylimited, especially when it comes tomonitoring water traffic such as

submarines. Experts say that for decades,U.S. submarines have been sneakingaround Arctic waters inside what Canadaconsiders its territory. Russian, Frenchand British submarines are believed tohave gone in the waters as well.

Wind Power for Ships:KiteShip Corporation of Alameda (SanFrancisco, USA) is hoping to harness windpower in a way that could change cargoshipping. It's a new twist on a very oldtechnology. There's nothing new aboutwind power. But there is something very

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new about the big plans to harness muchmore of that power. The company hasrecently arranged a huge kitedemonstration to promote this form ofwind power. Company executives say itcan reduce cargo ship fuel consumptionby 10-25 percent, which would be verysubstantial savings.

KiteShip hopes its next experiment willallow it to make headlines by engineeringa 13,000 square foot kite to co-powervessels up to 600 feet in length saving$300,000 dollars in fuel per year, pervessel. It seems it's not a matter of if butwhen for this technology -- companies inEurope and Asia are all working on thistechnology. KiteShip says the future isnear - that those huge kites will behelping to haul huge cargo ships in threeto five years.

Long Range Identificationand Tracking: The implementationof the Long Range Identification andTracking (LRIT) System is on IMO'sMaritime Safety Committee (MSC)agenda. The MSC is expected to make anumber of decisions to ensure the timelyimplementation of the LRIT system. Thenew regulation on LRIT is included inSOLAS chapter V on Safety of Navigation,through which LRIT will be introduced asa mandatory requirement for thefollowing ships on international voyages:passenger ships, including high-speedcraft; cargo ships, including high-speedcraft, of 300 gross tonnage and upwards;and mobile offshore drilling units.

Ships will be required to transmit theship's identity, location and date and timeof the position. There will be no interfacebetween LRIT and AIS. One of the moreimportant distinctions between LRIT andAIS, apart from the obvious one of range,is that, whereas AIS is a broadcastsystem, data derived through LRIT will beavailable only to the recipients who areentitled to receive such information andsafeguards concerning the confidentialityof those data have been built into theregulatory provisions. SOLAS ContractingGovernments will be entitled to receiveinformation about ships navigating withina distance not exceeding 1000 nauticalmiles off their coast.

The SOLAS regulation on LRITestablishes a multilateral agreement forsharing LRIT information for security andsearch and rescue purposes, amongstSOLAS Contracting Governments, in orderto meet the maritime security needs andother concerns of such Governments. Itmaintains the right of flag States to

protect information about the shipsentitled to fly their flag, whereappropriate, while allowing coastal Statesaccess to information about shipsnavigating off their coasts. The SOLASregulation on LRIT does not create oraffirm any new rights of States over shipsbeyond those existing in internationallaw, particularly, the United NationsConvention on the Law of the Sea(UNCLOS), nor does it alter or affect therights, jurisdiction, duties and obligationsof States in connection with UNCLOS.

Pune gets an on-campusship: PUNE: The state's first and India'sfifth 'ship-in-campus' facility, whichenables budding maritime engineers togain training experience in 'real' engineroom conditions of a ship, wascommissioned at the MaharashtraAcademy of Navel Education and Training(Manet) near here on Friday.

The director general (DG) of Shipping,Ajoy Chatterjee, credited with pioneeringand promoting this concept as a keyrequisite for pre-sea training at maritimeacademic institutions in the country,inaugurated the facility, named 'Trainingship Vishwanath'. The DG Shippingregulates maritime education in thecountry.

The 'ship-in-campus' has all the trappingsof a sea-ready ship, sans the waters sinceit is an on-ground facility, with the deckraised on a cement concrete structureand the interiors forming the engineroom.

Visitors entering the facility are struck bya typical working ship engine room -complete with the roaring 2000 bhp(horse power) engine, 285 RPM MAK sub-engine, an eight-feet diameter two-tonnephosphor bronze propeller, the rudder, 2RAM steering systems besides a labyrinthof pipelines, pumps, necessary workingsystems, control room and workshops.

It took a year's time for an in-house teamfrom Manet, led by principal P.P.Kanegaonkar, to zero in on a German ship'Maersk Sajinda' which had docked at theship-breaking town of Alang in Gujarat,dismantle and transport it to Pune, andthen re-assemble it at Manet's LoniKalbhor campus, 20 km from here, on thePune-Solapur road.

Justifying such training facilities,Chatterjee said a major manning crisiswas looming over the rapidly growingshipping industry in the country. "By2010, the industry expects to face ashortage of 10,000 trained maritime

officers," he said. This does not augurwell considering that global trade waslargely dependent on shipping. "Ninetyper cent of trade by volume and 70 percent trade by value is carried out byshipping," he said.

For India, to emerge as a leading Asianmaritime player, it was imperative thatmaritime training and education gets theright priority and impetus, he said.

While on-board ship training plays animportant role in developing seafarers,the pre-sea training, under simulatedconditions, had an equally significant rolein developing a mindset to facechallenges in the high seas, he said."Unlike IT-driven professions, marineengineers face difficult prospects ofdelivering the best in worst conditions,"Chatterjee observed.

Mangesh Karad, executive director ofManet, said the new facility would enablethe academy to soon introduce deck-sidecourses that are essential for trainingmaritime ship captains. Similarly, Manethad joined hands with the Mitsui OSKLines Maritime India (MOLMI), a 100 percent subsidiary of the Japanese shippinggiant Mitsui, for setting up a specialtraining centre that will have a 360degree bridge simulator and otherequipment. "The centre will be ready intwo months," he said.

"The 'ship-in-campus' will help raise thetechnical competence of engineerspassing out from our institution," he said,adding that students will have to work1,000 hours (roughly 6 months) of thefour-year course duration on the newfacility.

Why call of the sea is stillloud and clear: FOR threecenturies - from the glory days of the vasttrading empire of the East India Companyto their heroic role in the North Atlanticconvoys of the Second World War - Scotshave been an integral part of Britain'sMerchant Navy. Flying under the "RedDuster" flag, Scottish officers andseafarers have carved their names withpride in the history of Britain's merchantfleet, from Murmansk to Manila and fromSydney to Shanghai. Even today, Scotsmake up more than half of the officersof the British Merchant Navy. Across theglobe, from the biggest ocean-goingliners to oil tankers, bulk carriers andcontainer ships, men and women fromScotland can be found on the bridge ofvessels flying the flags of almost everyseafaring nation in the world.

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M.S. Notice 14 of 2007No:7-NT(4)/2007 Dated: 17.10.2007

Sub: Near Coastal Vessels (NCV) Deck and Engine Cadet Scheme

1. Preamble: This Notice is issued to Ship owners, Managers, Masters of vessels engaged in Near Coastal Vessels (NCV) trade. This isintended for developing NCV cadre of officers/ engineers.

2. Objective: This notice takes into account growing demand for the need to develop NCV officer and engineer cadet scheme in line withforeign going ships in International trade. A person undergoing training under this scheme shall be considered as a trainee off icer underthe Tonnage Tax Scheme. This notice comes into force with immediate effect.

3. Introduction: In India, M.S. STCW rules 1998 and associated Maritime Education Training and Assessment (META) Manual gives fulland complete effect to the provisions of the International Convention on Standards of Training Certification and Watch keeping, 1998.Considering that Maritime Education Training and Assessment (META) manual also addresses the subject of NCV cadet training inpage II/13 of META Manual Volume I and noting that such scheme has so far not materialized, this notice prescribes following NCVscheme. This scheme takes into account available, suitably educated and trained manpower from the pool of GP ratings.

4. NCV cadet scheme:4.1 NCV certification is limited for working on Near Coastal Vessels as defined in MS (STCW) Rules, 1998 and, unless otherwise s pecified,

provisions established in the META manual will apply.4.2 Pre sea training and required minimum education, familiarization is a pre requisite for cadet / trainee. This will be follow ed by Structured

Shipboard Training Programme (SSTP) at sea.5. Eligibility criteria for entry into the NCV scheme

Every cadet / trainee desirous of being considered as NCV trainee shall comply with the following:5.1 Proof of age - between 18 & 25 years.5.2 Identity - CDC / Passport.5.3 Basic general education - minimum Xth Pass from recognized Education Board.5.4 Medical fitness certificate including eye sight examination where mandated as per MS Medical Examination Rules 2000.5.5 Evidence of basic safety and familiarization training (i.e. PST, PSSR, EFA, FPFF)5.6 Successfully completed Pre Sea GP rating training and passed the Exit Examination approved by Directorate General of Shipping with

minimum 60% aggregate marks after completing the pre-sea course.5.7 For the Engineering scheme, reference is made to Flow Diagram No. 4 on page III/19 of META Volume I. It is clarified that, candidates

pursuing any one of the streams from 1N to 6N are eligible to come under this scheme.6. Eligibility for NCV certification6.1 Qualifying sea going service of 18 months with SSTP for Deck Cadet (refer Annex I). For Engineering scheme, reference is made to

META Manual Vol. 1 section M-III/5 and flow diagram no. 4 (refer annex II).6.2 Candidates are required to undergo Structured Ship Board Training Programme (SSTP) approved by DGS to obtain NCV certification.6.3 Approved and prescribed Post Sea courses and applicable modular courses and appropriate certificate of "Rating Forming part of

(Navigational)/ (Engineering) Watch".6.4 Passing of Navigational Watchkeeping Officer NWKO (NCV) examination - written and oral.6.5 Passing of Marine Engineer Officer - Class IV - (Near Coastal Voyages ) examinations - written and orals.7. Structured Ship Board Training Programme (SSTP) for of NCV cadets:

The (SSTP) training of the cadet on board Near Coastal Vessels shall be the responsibility of company training officer. The trainingshould be as per the Ship Board Structured Training Programme as approved by the Directorate.Qualifying sea service should be documented by a record book approved under SSTP by the Directorate. Company Training Officer(CTO) should file returns periodically as per the M S Notice 30 of 2002 issued by DGS for this purpose. On board monitoring of trainingunder SSTP should be generally carried out in conformity with this notice.

8. Certification:8.1 A Candidate who has performed his entire sea service on a specific ship type which comes under non trading ships as reflected under

Section M-II/11-C (Copy enclosed as Annex III) of META Manual Vol I of MS (STCW) Rules 1998, the NCV certificate shall then beendorsed with a limitation to serve on that category of vessel or in that description of voyages.

8.2 To obtain NWKO (NCV) certificate without any limitation the trainees are required to perform at least 6 month of seagoing service ontrading ship at support level performing relevant functions and pass the written and oral examination in function as prescribed for NWKO(NCV).This issues with the approval of Director General of Shipping.

Yours faithfully,Sd/-

(Capt. J. S. Uppal)Dy. Nautical Advisor to the Govt. of India-Cum-Sr. DDG (Tech.)

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Shri Arjun Singh calls uponUNESCO to respond to thechallenges in the rapidlychanging world: Shri ArjunSingh, Minister of Human ResourceDevelopment (HRD), cal led uponUNESCO to respond to the challengesposed by the continuance of poverty andilliteracy in a rapidly changing world. ShriArjun Singh was addressing the 34thGeneral Conference of United NationsEducational, Scientific and CulturalOrganisation (UNESCO) at Paris,yesterday. The Minister addressed theWorld Body as the heart and the mind ofthe UN system and said that educationis the core of UNESCO's mandate andtherefore the organisation must continueits work in Technical and Vocationaleducation, adult education and forremoval of illiteracy within the frameworkof Education For All (EFA)'. In the areaof Science, the Minister called attentiontowards science education and thepopularization of science for thedevelopment of a scientific temper.

Shri Arjun Singh also commended theWorld Heritage Centre and its activities.The UN has declared 2nd October, theBirthday of Mahatama Gandhi as theInternational day of Non-Violence.Referring to this, Shri Arjun Singh saidthat while this gesture has been widelyappreciated in India, Gandhi belongs tothe whole world and his message of truthand non-violence is ever relevant.

Shri Arjun Singh also addressed aRoundtable on the theme of "Right toEducation, Right to Development". Hestated that in a democracy, economicgrowth can be sustainable only if it isaccompanied by equity and justice.Development of human resourcesdepends not only on expansion ofeducational opportunity but also onensuring that education is inclusive. Heannounced that India is taking up animpressive programme of expandingsecondary and tertiary education. Indiais also initiating far-reaching measures ofpositive discrimination.

Shri Arjun Singh has also held bilateralmeetings with the Education Ministers ofPakistan and Sri Lanka.

Maritime SafetyCommittee - 83rd session:3-12 October 2007:Implementation of LRIT - key decisionsmade at IMO's Maritime SafetyCommittee

Key decisions relating to theimplementation of the Long RangeIdentification and Tracking (LRIT) Systemwere made by IMO's Maritime SafetyCommittee (MSC), when it met inCopenhagen, Denmark, for its 83rdsession from 3 to 12 October.

Other important issues on the MSCagenda included the adoption ofproposed amendments to SOLAS relatingto the provision of mobile satellitecommunication services in the GlobalMaritime Distress and Safety System(GMDSS), further development of goal-based standards for new shipconstruction and discussion of maritimesecurity issues.

The meeting was held under thechairmanship of Mr. Nei l Ferrer(Philippines), who was elected asChairman for 2007 at the opening of thesession

Long Range Identification andTracking: The MSC made a number ofdecisions to ensure the timelyimplementation of the LRIT system.

International LRIT Data Exchange(IDE): The MSC accepted thecontingency offer of the United States tohost, build and operate, on an interimand temporary basis, the InternationalLRIT Data Exchange (IDE), agreeing thata permanent home should be found forthe IDE as soon as possible (within twoyears from 1 January 2008, subject to afurther review by the Committee). AnMSC resolution on Establishment of theIDE on an interim basis was adopted.

The LRIT system will consist of theshipborne LRIT information transmittingequipment, the Communication ServiceProvider(s), the Application ServiceProvider(s), the LRIT Data Centre(s),including any related Vessel MonitoringSystem(s), the LRIT Data DistributionPlan and the IDE. The LRIT Data Centrescommunicate with each other andexchange information and data thoughthe IDE and thus the IDE has a key andpivotal role in the establishment andfunctioning of the system

LRIT information will be provided toContracting Governments and search andrescue services entitled to receive theinformation, upon request, through asystem of National, Regional, Co-operative and International LRIT DataCentres, using where necessary, the IDE.

The establishment of the interim IDE willallow the LRIT system to be launched onschedule with multiple LRIT Data Centres

operating and joined through the IDE.

Guidance on technical issues andperformance standards: The MSC, asa result of the work done in relation tovarious technical aspects of the LRITsystem adopted an MSC resolution onAmendments to the PerformanceStandards and functional requirements ofLong-Range Identification for Tracking forShips.

The MSC also authorized the MSCchairman, in co-operation with the IMOSecretariat, to finalize a number of drafttechnical specifications for the IDE,International LRIT Data Centre,communications, and protocols for thedevelopment testing of the LRIT, whichhad been prepared by the ad hocWorking Group on Engineering aspects ofLRIT, and to issue them as an MSCcircular.

Schedule for implementation of theLRIT system: The schedule for theimplementation of the LRIT system,which was agreed during MSC 81,remains in effect. However, the MSC, witha view to ensuring the timelyestablishment of the LRIT system andbearing in mind that its next session willbe in May 2008, established an ad hocLRIT Group and authorize it, if the needarises during the design, establishmentand testing of the LRIT system, toconsider and agree on behalf of the MSC,inter alia, amendments to technicalspecification and standards it hasapproved. As this is an exceptionalarrangement, the ad hoc LRIT Group hasbeen instructed to provide detailedreports of its actions and clearjustifications for its decisions so as toenable the MSC to approve or endorse oraccept, as the case may be, the Group'sdecisions in retrospect.

Use of LRIT information for safetyand environmental protectionpurposes: The MSC adopted aresolution Use of Long-rangeidentification and tracking information forsafety and environmental purposes,which notes that such use of LRITinformation would add significant valueto existing systems by improvingknowledge of ships' positions and identity.The resolution states that MSC agreesthat Contracting Governments mayrequest, receive and use LRIT informationfor safety and environmental protectionpurposes.

SOLAS regulation V/19-1 on LRIT willenter into force on 1 January 2008 andwill apply to ships constructed on or after

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31 December 2008 with a phased-inimplementation schedule for shipsconstructed before 31 December 2008.The LRIT system is intended to beoperational with respect to thetransmission of LRIT information by shipsfrom 30 December 2008.

Amendments to SOLAS: The MSCadopted the following amendments toSOLAS chapters IV and VI, SOLASappendix, the INF Code, which ismandatory under SOLAS chapter VII, andthe 1988 SOLAS Protocol.

Amendment to SOLAS chapter IV, to adda new regulation 4-1 on GMDSS satelliteproviders. The new regulation providesfor the MSC to determine the criteria,procedures and arrangements for theevaluation, recognition, review andoversight of the provision of mobilesatellite communication services in theGlobal Maritime Distress and SafetySystem (GMDSS). The amendment isexpected to enter into force on 1 July2009.

The MSC also approved the related draftrevised Criteria for the provision ofmobile-satellite communication systemsin the GMDSS (resolution A.888(21)), forsubmission to and adoption by the IMOAssembly at its 25th session in Novemberthis year.

Amendment to SOLAS chapter VI, to adda new regulation 5-1 on material safetydata sheets (MSDS), to require shipscarrying MARPOL Annex I cargoes (oil)and marine fuel oils to be provided witha material safety data sheet prior toloading such cargoes. The regulationrefers to the Recommendation formaterial safety data sheets (MSDS) forMARPOL Annex I cargoes and marine fueloils, adopted by the Organization throughresolution MSC.150(77). The amendmentis expected to enter into force on 1 July2009.

Amendment to the International Code forthe Safe Carriage of Packaged IrradiatedNuclear Fuel, Plutonium and High-LevelRadioactive Wastes on Board Ships (INFCode), specifically, to Chapter 2, onDamage Stability, to bring it into line withupdates to SOLAS. The amendment isexpected to enter into force on 1 July2009.

Amendments to forms contained in theappendix to the Annex to the 1988SOLAS Protocol to add a section to coveralternative design and arrangements(Passenger Ship Safety Certificate, CargoShip Safety Certificate, Cargo Ship Safety

Construction Certificate and Cargo ShipSafety Equipment Certificate). Also,similar amendments to the forms for theNuclear Passenger Safety Certificate andthe Nuclear Cargo Ship Safety Certificatecontained in the appendix to the Annexto the 1974 SOLAS Convention. Theamendments are expected to enter intoforce on 1 July 2009.

Goal-based new ship constructionstandards: The MSC re-established theWorking Group on Goal-based Standards(GBS) for New Ship Construction andfurther progressed the work on the issue.

A work plan for the further developmentof GBS was agreed, with both theprescriptive and the safety level approachincluded as integral elements of IMOGBS. The plan includes:

• clarification of the work to be done todevelop a generic GBS framework;

• identification and compilation of theelements of the framework that havealready been agreed to or proposed inprevious MSC submissions, working groupreports or other IMO instruments (e.g.,FSA Guidelines, HEAP process guidelines)and identification of existing gaps; and

• development of a prioritized plan toclose the gaps and provide a unifiedframework that ensures consistentdevelopment of GBS, i.e. both theprescriptive and safety level approaches.

The MSC also agreed a short term plan,which would lead to finalization of theGBS for bulk carriers and oil tankers,including Tier III and the associatedSOLAS amendments, with adoption ofrelevant SOLAS amendments andassociated guidelines at MSC 86,scheduled for 2009. A correspondencegroup on GBS was established to reportto MSC 84.

The reports of two correspondencegroups were reviewed, namely theCorrespondence Group on GBS for oiltankers and bulk carriers and theCorrespondence Group on GBS based onthe safety level approach

The MSC also considered the report ofthe Pilot Panel on the Pilot project on trialapplication of the GBS Tier III verificationprocess using the IACS CommonStructural Rules.

The Working Group reviewed draftGuidelines for the verification ofcompliance with GBS, prepared by thePilot Panel, fol lowing which theCommittee agreed that a second trialapplication of the Guidelines using the

IACS CSR for oil tankers would benecessary in order to finalize the draftGuidelines and approved the project planfor a second trial application.

The MSC noted that the GBS WorkingGroup had discussed a draft MSC circularon Guidelines for the information to beincluded in a Ship Construction File andthat this would be further considered atMSC 85, when the GBS Working Groupwould finalize the draft SOLASamendments on GBS for bulk carriers andoil tankers.

With regard to GBS for bulk carriers andoil tankers, the MSC has already agreedon a five-tier system, consisting of goals(Tier I), functional requirements (Tier II),verification of compliance criteria (TierIII), technical procedures and guidelines,classification rules and industry standards(Tier IV) and codes of practice and safetyand quality systems for shipbuilding, shipoperation, maintenance, training,manning, etc. (Tier V). Tier I goals andTier II functional requirements havealready been agreed in principle.

Measures to enhance maritimesecurity: The MSC re-established the adhoc Working Group on Maritime Securityto discuss issues relating to maritimesecurity.

Security arrangements for non-SOLAS vessels: Following discussions inthe working group, the MSC establisheda correspondence group on securityarrangements for vessels which do notfall within the scope of SOLAS chapter XI-2 and the ISPS Code (non-SOLASvessels). The correspondence group wasinstructed to develop recommendatoryguidelines to enhance maritime securityto complement measures required bySOLAS chapter XI-2 and the ISPS Code,which could be utilized by ContractingGovernments and/or Administrations attheir own discretion. The aim is toaddress security measures for possibleapplication by non SOLAS vessels in orderto protect non-SOLAS vessels againstsecurity threats; and prevent non-SOLASvessels from posing a security threat toother vessels and port facilities.

Container security: The MSCapproved, from its own point of view, aJoint MSC/FAL circular on Securing andfacilitating international trade, previouslydeveloped by the Joint MSC/FAL workinggroup on security and facilitation of themovement of closed cargo transport unitsand of freight containers transported bysea. The circular was first approved bythe Facilitation Committee at its 34th

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session in March 2007, and will now beissued.

Security-related training: The MSCendorsed proposed draft amendments tothe STCW Convention. The proposedamendments relate to regulation VI/1and sections A-VI/1 and B-VI/1,addressing the basic security-relatedtraining, and security-relatedfamiliarization training, for seafarerswithout designated security-related dutiesand for all shipboard personnel,respectively; and propose a newregulation VI/6 and new sections A-VI/6 and B VI/6, addressing the standardsof competency, and security-relatedfamiliarization training, for seafarers withdesignated security-related duties.

The intention is that the draftamendments will be reviewed by the SubCommittee on Standards of Training andWatchkeeping (STW), in conjunction withthe comprehensive review of the STCWConvention and the STCW Code, beingcarried out by the STW Sub-Committee.

The MSC also decided that seafarersserving on ships which are not requiredto comply with SOLAS chapter XI-2 andthe ISPS Code should be required toundertake basic security-related trainingor instruction.

Meanwhile, the MSC approved a draftMSC.1 circular on Guidelines on security-related training and familiarizationtraining for shipboard personnel.

Implementation of the revisedSTCW Convention: The list of Partiesdeemed to be giving full and completeeffect to the provisions of theInternational Convention on Standards ofTraining, Certification and Watchkeepingfor Seafarers (STCW), 1978, as amended,was updated following the submission bythe Secretary-General of his report onthose countries whose reports ofindependent evaluations had beencompleted since the previous MSCmeeting.

Ships' routeing systems, shipreporting and other relevantmeasures: The MSC adopted twenty-two proposals on ships' routeing systems,ship reporting and other relevantmeasures all aimed at enhancing thesafety of navigation in areas of identifiednavigational hazards and environmentallysensitive sea areas, which had beenapproved by the Sub-Committee onSafety of Navigation (NAV).

Other issues: The MSC consideredother issues arising from the reports of

Sub-Committees and other bodies, andtook the following action:

• approved Guidelines for fixed firedetection and fire alarm systems for cabinbalconies;

• adopted revised performance standardsfor Integrated Navigation Systems (INS);

• adopted performance standards fornavigation lights, navigation lightcontrollers and associated equipment;

• adopted a performance standard forprotective coatings for void spaces onbulk carriers and oil tankers;

• approved Guidelines for the control ofships in an emergency, which cover theresponsibilities of all parties in a maritimeemergency;

• approved Guidelines for evacuationanalysis for new and existing passengerships;

• approved revised performance testingand approval standards for fire safetysystems, submitted as draft amendmentsto the International Code for Fire SafetySystems (FSS Code), for future adoption;

• approved, for adoption at MSC 84,draft amendments to SOLAS regulationII-2/10, to require all carbon dioxide fireextinguishing systems to have twoseparate releasing controls;

• approved, for adoption at MSC 84, adraft new Code of the InternationalStandards and Recommended Practicesfor a Safety Investigation into a MarineCasualty or Marine Incident, revokingresolution A.849(20) on the Code for theInvestigation of Marine Casualties andIncidents. Relevant amendments toSOLAS Chapter IX 1 were also approvedwith a view to subsequent adoption atMSC 84;

• approved, for adoption at MSC 84,draft amendments to SOLAS chapters II-1 and II-2, regarding drainage of specialcategory and ro-ro spaces to preventaccumulation of water on the vehicledeck of ro-ro ships. The amendmentsare designed to enhance the currentregulations, including addition of arequirement for measures to be taken toprevent the blockage of drainagearrangements. The MSC also approved anMSC circular on Drainage of fire-fightingwater from closed vehicle and ro rospaces and special category spaces forpassenger and cargo ships, which urgesMember Governments to bring theproposed amendments to the attention ofall interested parties, noting that the

intention is to improve the safety ofvehicle, special category and ro-ro spacesagainst the accumulation of largequantities of water, in light of the tragicloss of life on the passenger ship Al SalamBoccaccio 98. The circular notes thatassociated guidelines to enhance thesafety of closed vehicle and ro ro spacesand special category spaces forpassenger and cargo ships will bedeveloped;

• approved, for adoption at MSC 84,draft new SOLAS regulation II-1/3-9(Means of embarkation on anddisembarkation from ships), to requireships built after its adoption and entryinto force to be provided with means ofembarkation on and disembarkation fromships, such as gangways andaccommodation ladders. The MSC alsoapproved, in principle, a draft MSCcircular on Guidelines for construction,maintenance and inspection ofaccommodation ladders and gangways;

• approved, for adoption at MSC 84, adraft new SOLAS regulation and draftamendments to SOLAS regulation II-1/3-4 (Emergency towing arrangements ontankers), to extend the regulation toships other than tankers. The proposedamendments would change the title ofthe regulation to Emergency towingarrangements and procedures; retain therequirements for tankers, which requireemergency towing arrangements to befitted at both ends on board every tankerof not less than 20,000 tonnesdeadweight; and include a newparagraph 2 on Emergency towingprocedures on ships, to require all shipsto be provided with an emergency towingprocedure. The MSC also approved, inprinciple, an associated draft MSC circularon Guidelines for owners/operators onemergency towing procedures;

• approved, for adoption at MSC 84,draft amendments to the Guidelines onthe enhanced programme of inspectionsduring surveys of bulk carriers and oiltankers (resolution A.744(18)) (ESPGuidelines), including a new part B onSurvey guidelines for double skin bulkcarriers in Annex A (Guidelines on theenhanced programme of inspectionsduring surveys of bulk carriers) of theESP Guidelines, applicable to bulk carriersof 500 gross tonnage and over havingdouble-side skin construction;

• approved a list of areas of the STCWConvention and the STCW Code to beconsidered under the comprehensivereview of the Convention and Code;

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• approved the draft International Codeon Intact Stability, 2008 (2008 IS Code)and the associated draft amendments tothe 1988 LL Protocol and 1974 SOLASConvention to make the 2008 IS Codemandatory, for adoption at MSC 85;

• approved the report of the Joint MSC/MEPC Working Group on the HumanElement and approved circulars onGuidelines for the operationalimplementation of the InternationalSafety Management (ISM) Code byCompanies; and Guidance on thequalification, training and experiencenecessary for undertaking the role ofdesignated person under the provisionsof the International Safety Management(ISM) Code (the circulars had alreadybeen approved by MEPC 56); and

• agreed that there was an urgent needto consider the safety of general cargoships, taking into account the currentsafety level of this type of ship, and thatmore detailed information, analysis of thecause of accidents involving generalcargo ships and related FSA studies (inparticular, the outcome of the SURSHIPproject) are needed to facilitate theidentification of the problem areas ofsuch ships, so that there can beconsideration of the appropriatemeasures to be taken, bearing in mindthe variety of ship types covered by thecategory of general cargo ships. Aworking group on general cargo shipsafety will be established at MSC 85, toconsider general cargo ship safety.

Resolutions adopted

• Resolution MSC.239(83) - Adoption ofamendments to the InternationalConvention for the Safety of Life at Sea,1974, as amended

• Resolution MSC.240(83) - Adoption ofamendments to the Protocol of 1988relating to the International Conventionfor the Safety of Life at Sea, 1974, asamended

• Resolution MSC.241(83) - Adoption ofamendments to the International Codefor the Safe Carriage of PackagedIrradiated Nuclear Fuel, Plutonium andHigh-Level Radioactive Wastes on boardShips (INF Code)

• Resolution MSC.242(83) - Use of LRITinformation for safety and environmentalpurposes

• Resolution MSC.243(83) -Establishmentof International LRIT Data Exchange onan interim basis

• Resolution MSC.244(83) - Performancestandard for protective coatings for voidspaces on bulk carriers and oil tankers

• Resolution MSC.245(83) -Recommendation on a standard methodfor evaluating cross-floodingarrangements

• Resolution MSC.246(83) - Performancestandards for AIS search and rescuetransmitters (AIS-SART) for use in searchand rescue operations

• Resolution MSC.247(83) - Adoption ofamendments to Performance standardsfor survival craft radar transponders foruse in search and rescue operations(resolution A.802(19))

• Resolution MSC.248(83) - Adoption ofa new ship reporting system "thePapahanaumokuakea Marine NationalMonument" Particularly Sensitive SeaArea (PSSA)

• Resolution MSC.249(83) - Adoption ofa new mandatory ship reporting system"On the approaches to the Polish portsin the Gulf of Gdansk"

• Resolution MSC.250(83) - Adoption ofa new mandatory ship reporting system"Off the south and southwest coast ofIceland"

• Resolution MSC.251(83) - Adoption ofamendments to the existing mandatoryship reporting systems "Off Ushant", "offLes Casquets" and "Dover Strait/Pas deCalais"

• Resolution MSC.252(83) - Adoption ofthe Revised performance standards forIntegrated Navigation Systems (INS)

• Resolution MSC.253(83) - Adoption ofPerformance standards for navigationlights, navigation light controllers andassociated equipment

List of circulars approved byMSC 83MSC.1 circulars

MSC.1/Circ.1234 — Drainage of fire-fighting water from closed vehicle and roro spaces and special category spaces forpassenger and cargo ships

MSC.1/Circ.1235 — Guidelines onsecurity-related training andfamiliarization training for shipboardpersonnel

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MSC.1/Circ.1236 — Guidance on LRIT-related matters

MSC.1/Circ.1237 — Amendments tothe Revised Guidelines for the approvalof equivalent water-based fire-extinguishing systems for machineryspaces and cargo pump rooms (MSC/Circ.1165)

MSC.1/Circ.1238 — Guidelines forevacuation analysis for new and existingpassenger ships

MSC.1/Circ.1239 — Unifiedinterpretations of SOLAS chapter II-2

MSC.1/Circ.1240 — Unifiedinterpretations of the International Codefor Fire Safety Systems (FSS Code)

MSC.1/Circ.1241 — Unifiedinterpretations of the International BulkChemical (IBC) Code

MSC.1/Circ.1242 — Guidelines for theapproval of fixed fire detection and firealarm systems for cabin balconies

MSC.1/Circ.1243 — Unifiedinterpretation of SOLAS chapter III

MSC.1/Circ.1244 — Symbol of infantlifejacket

MSC.1/Circ.1245 — Guidelines fordamage control plans and information tothe master

MSC.1/Circ.1246 — Interpretation ofalterations and modifications of a majorcharacter

MSC.1/Circ.1164/Rev.3 — Promul-gation of information related to reportsof independent evaluation submitted byParties to the International Convention onStandards of Training, Certification andWatchkeeping for Seafarers (STCW),1978, as amended, confirmed by theMaritime Safety Committee to havecommunicated information whichdemonstrates that Parties are giving fulland complete effect to the relevantprovisions of the Convention

MSC.1/Circ.797/Rev.15 — List ofcompetent persons to be maintained bythe Secretary-General pursuant to sectionA-I/7 of the STCW Code

MSC.1/Circ.1247 — Amendments toresolution A.706(17) on World WideNavigational Warning Service

MSC.1/Circ.1248 — Minimizing delaysin search and rescue response to distressalerts

MSC.1/Circ.1249 — Amendments tothe International Aeronautical andMaritime Search and Rescue (IAMSAR)Manual

MSC.1/Circ.1250 — Safety margins toprotect radar systems

MSC.1/Circ.1251 — Guidelines on thecontrol of ships in an emergency

MSC.1/Circ.1252 — Annual testing ofthe automatic identification system (AIS)

MSC.1/Circ.1253 — Shipboardtechnical operating and maintenancemanuals

MSC.1/Circ.1254 — Unifiedinterpretation of "unforeseen delay indelivery of ships"

Joint MSC - MEPC circulars

MSC-MEPC.2/Circ.7 — Provision ofinformation in respect of products carriedin accordance with the requirements ofMARPOL Annex II and the IBC Code

MSC-MEPC.4/Circ.2

Code of good practice

MSC-MEPC.7/Circ.5 — Guidelines foroperational implementation of theInternational Safety Management (ISM)Code by Companies

MSC-MEPC.7/Circ.6 — Qualification,training and experience necessary forundertaking the role of designated personunder the provisions of the InternationalSafety Management (ISM) Code

Joint MSC - FAL circular

MSC-FAL.1/Circ.1 — Securing andfacilitating international trade

Other circulars

COLREG.2/Circ.59 — New andamended traffic separation schemes

SN.1/Circ.263 — Routeing measuresother than traffic separation schemes

SN.1/Circ.264 — Mandatory shipreporting systems

SN.1/Circ.265 — Guidelines on theapplication of SOLAS regulation V/15 toINS, IBS and bridge design

SN.1/Circ.207/Rev.1 — Differencesbetween RCDS and ECDIS

SN.1/Circ.266 — Maintenance ofElectronic Chart Display and InformationSystem (ECDIS) software

IMO - the International MaritimeOrganization - is the United Nationsspecialized agency with responsibility forthe safety and security of shipping andthe prevention of marine pollution byships.

Thiru T.R. BaaluInaugurates the MauritiusMaritime TrainingAcademy: The Union Minister ofShipping, Road Transport & Highways,Thiru T.R. Baalu called on Sir AneroodJugnauth, President of the Republic ofMauritius today and discussed issuesrelating to shipping and port sectors.Later, he inaugurated the state of the artMauritius Maritime Training Academy atPointe aux Sables in Mauritius today. Thefunction was organized by the Ministry ofPublic Infrastructure, Land Transport &Shipping of the Republic of Mauritius.

Speaking on the occasion, Thiru T.R.Baalu said that this Training Academywould act as a bridge to further augmentthe bilateral cooperation between the twocountries. He said that in due course,apart from having experienced trainers,this Academy would have to conducttraining for even deck and engineeringofficers and would also have to install alarge number of training equipments suchas lifeboats, life rafts and various typesof simulators etc. To equip the Academywith all these necessary facilities, therewould be need for tangible cooperationbetween India and Mauritius, Thiru Baaluadded.

Stating that the Mauritius is in the handsof a visionary and progressive leadership,the Minister said that it could be clearlyseen that policy makers are aiming tocreate a world-class infrastructure forMaritime Training. The Mauritius MaritimeAcademy will be undertaking variouscourses such as training for efficient deckhand, seafarers forming part of anavigation or engine room watch, safetytraining for personal direct services topassengers, proficiency in crisismanagement etc.

Narrating the Indian experience inmaritime training, Thiru Baalu said thatthe Maritime Training was privatised inIndia in 1998 and resultantly, it has nowabout 130 Maritime Training Instituteslocated across the country, as comparedto only four Government-controlledInstitutions in 1998. The privatisation oftraining had a multiplier effect as it hasresulted in enhanced access to themaritime education & employment toremote parts of the country, the numberof employment opportunities as seafarersincreased substantially and a large poolof trained manpower has been createdfor taking over as teachers, surveyors andother professionals associated withMaritime Industry.

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Congestion Fee 'Just a tollby another name': KUALALUMPUR - Malaysia's main oppositionparty has protested plans to

charge motorists a fee to ease trafficcongestion in the country's capital sayingit is a burden to the public.

The proposed fee is premature in theabsence of reliable public transport, asdriving in Kuala Lumpur is not a luxuriouspursuit but an "unfortunate necessity",the Democratic Action Party said.

Only 16 per cent of the city's 2 millionpeople used public transportation in 2004,down from 34 per cent in 1985, it saidyesterday. "Until and unless publictransport ridership exceeds 70 per cent,Kuala Lumpur is not prepared forcongestion pricing. It is just a toll byanother name."

Kuala Lumpur Mayor Abdul HakimBorhan, who was visiting Stockholm, saidover the weekend that his office wouldsubmit to the Cabinet a study on theproposed congestion charge. The plan,which mirrors a system used inStockholm, is part of an ambitiousattempt to ease jams that choke thecapital's narrow roads.

Mr Borhan said 2 million vehicles driveinto the city daily and traffic is expectedto grow 10 to 15 per cent every year.

Under the plan, vehicles using certainstreets would have their registrationnumbers recorded and the drivers wouldhave to go to a bank to pay thecongestion fee. Drivers who fail to paythe fee would be fined. Cities that haveintroduced peak hour congestion fees toreduce traffic include Singapore.

Child slaves in UKcannabisfarms: Report: LONDON -Criminal gangs are trafficking hundredsof children into Britain and forcing themto work in cannabis factories, with atleast one child per week being found bypolice, a report said on Sunday.

Campaign group End Child Prostitution,Child Pornography and the Trafficking ofChildren for Sexual Purposes (Ecpat) saidthere had been a five-fold increase in thepractice in the last year alone. Childrenas young as 13 - many from Vietnam -were being brought to Britain to work as"slaves" for organised criminals, it said.They are forced to tend cannabis plantsgrown in houses and sleep in cupboards,with little hope of escape.

"In the past 12 months there has been

a 500-per-cent increase in the number ofcases reported to us," Ecpat's directorChristine Beddoe told The Independent.

The newspaper said one three-bedroomhouse converted into a cannabis factorycould yield up to £300,000 pounds($912,000) a year. Police believe theproblem emerged after gangs, many ofthem Vietnamese, moved to dominatethe British cannabis market after thenarcotic was downgraded from a Class Bto Class C drug in 2004. Declassificationincreased the potential rewards ofgrowing and sel ling cannabis butdecreased the risk of punishment. Onepolice officer was quoted as sayingcannabis was the "cash machine oforganised crime". Prime Minister GordonBrown has indicated he is in favour ofreversing the cannabis downgrade.

New outlet at formerstarbucks: A new coffee shop hasbegun operations at the Palace Museumin Beijing, at the exact spot that used tohouse a Starbucks cafe, Xinhua reported.

Besides coffee, the "Forbidden City Cafe"serves Chinese beverages such as tea. In2000, Starbucks opened its outlet in thePalace Museum. But after years ofopposition from some Chinese who feltthat the Starbucks outlet posed achallenge to traditional Chinese culture,the shop closed in July this year.

Corporate governancereform: HK edges outSingapore: For years, it has beenAsia's face of corporate governance. Nowfor the first time, Singapore hasrelinquished that honour to Hong Kong(picture), according to a survey ranking.

Published by the Hong Kong-based AsianCorporate Governance Association(ACGA) and research firm CLSA, theranking of 11 regional markets scored theRepublic two points short of its closestrival. Singapore powered ahead in termsof its auditing standards as well as rulesand practices for companies, such asstipulating faster reporting deadlines andmore frequent reporting, said ACGA'ssecretary general Jamie Allen.

But it fell behind on governance culture,shareholders' rights, media freedom andthe transparency of its enforcementactivities, among other things. Said MrAllen, in the 168-page report: "Singaporegives the impression that its reformprocess has reached an acceptableplateau - to be fair, many of its disclosure

The Minister said that due to high qualityof training and stringent controls, theIndian seafarers, especially in those in theofficers' category are well regarded allover the world and consequently, onlyabout one-third of these seafarers workon the Indian ships and the remainingtwo-thirds get employment on the foreignflag vessels. He said that we are in theprocess of rationalizing of ouremployment conditions, and wagestructure to attract and retain talent inthis sector.

Referring to the proposal of establishingthe Indian Maritime University, ThiruBaalu said that we are in the advancedstage of setting it up and said that theproposed university would impart highvalue management, professionals andlegal courses in various maritime fieldssuch as shipping and port management,logistic management, naval architecture,marine engineering, nautical knowledge,chartering and ship broking and maritimelaw etc.

Thiru Baalu also offered the expertise ofthe public sector Shipping Corporation ofIndia to the Mauritius ShippingCorporation to overcome the anticipateddifficulties in the process of acquiring aproduct tanker of about 50,000 DWT asthis would be their first liquid cargoacquisition. The inaugural ceremony ofthe Mauritius Maritime Training Academywas attended by Dr. Ahmed RashidBeebeejaun, Deputy Prime Minister ofMauritius, Mr. Vasant Bunwaree,Mauritian Minister of Labour, Mr. MadanDulloo, Mauritian Minister of ForeignAffairs, Mr. Abu Kasenally, MauritianMinister of Public Affairs, Mr. Asraf Dullul,Mauritian Minister of Land & Housing, Mr.James Burty David, Mauritian Minister ofLocal Government & Acting Minister ofEducation, Mr. Sylvio Tang, MauritianMinister of Youth & Sports, Mr. B.Jaisankar, High Commissioner of India inMauritius, Mrs. N. Nababsingh,Permanent Secretary of PublicInfrastructure in Mauritius amongst othersenior officers of Republic of Mauritius.

In the earlier part of his two day visit,Thiru Baalu had met senior Mauritianleaders including the Prime Minister, Dr.Navinchandra Ramgoolam and theDeputy Prime Minister and Minister ofPublic Infrastructure, Land Transport andShipping, Dr. Ahmed Rashid Beebeejaun.Thiru Baalu also had a meeting with Mr.Madan Murlidhar Dulloo, Minister ofForeign Affairs, International Trade andCooperation

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standards are higher than those ofHong Kong - while its officials seem lessconcerned that some key local rulesand practices are not in line with globalbest practices."

While acknowledging the Republic'songoing process of reform, such as tosecurities laws, Mr Allen added, "thereis a palpable sense that the pace ofpolicy-making has slowed".

Despite a late start, Hong Kong hasgained momentum in its corporategovernance reform, noted ProfessorMak Yuen Teen, the regional researchdirector of consultancy Watson Wyatt.

"We came out with the code ofcorporate governance in 2001 whileHong Kong came out with it in 2005.But when they did, they incorporatedmany of the recent international bestpractices," said Prof Mak.

According to the report, examples ofSingapore's relative weaknesses includelisting rules that are weaker than HongKong's, when it comes to shareholder'srights. Discounted stock options, whichcould potentially hurt shareholder'sinterests, are still permitted. Disclosureof individual-director remuneration islimited, and independent directors inlisted companies need not beindependent of the controllingshareholder, noted the report.

Mr David Gerald, the president of theSecurities Investors Association ofSingapore (SIAS), told Today thatSingapore's move towards a complete"caveat emptor" or "buyer beware"market may have contributed to itslower ranking. "That means investorshave to know the product, they will notbe protected by the exchange orregulators with laws … whereas HongKong is a bit more regulated," he said.

While both observers do not think theslip in rankings will hurt Singapore'sreputation as a financial centre - withMr Gerald cautioning against a "knee-jerk reaction" - they agreed theGovernment should strengthenregulations on shareholder's rights, tokeep investor funds here.

The Monetary Authority of Singapore(MAS) said it would continue withperiodic reviews of the Code ofCorporate Governance with theSingapore Exchange (SGX) and marketparticipants, to ensure local legislationand best practice codes are relevant.

The MAS and SGX are alsoimplementing some of the

recommendations made by Prof Mak inhis study on corporate governancepractices here. "For example, SGX haslaunched a new announcement templateon SGXNET for notice of resignation ofdirectors and key officers. And MAS isworking with the Singapore Institute ofDirectors to enhance current efforts indirector training and professionaldevelopment in Singapore," said an MASspokesperson.

Shipping Corp plans to setup shipbuilding yards:MUMBAI: After engineering giant L&T,India's largest shipping company ShippingCorporation of India has jumped into thefray for setting up world-classshipbuilding yards that will build vesselsup to 3.20 lakh dead weight tonnescapacity.

This fol lows theCentre's decision toset up two suchyards, one each inthe east and the westcoast. The Centre hasalso appointedEnnore Port andMumbai Port Trustappointed as nodalagencies.

"SCI has definitely shown interest to beinvolved in ship building as well. We haveindicated our interest to shipping ministry,who have welcomed the idea," SCIchairman and managing director S Hajaratold media.

Each shipbuilding yard is expected to costmore than Rs 3,000 crore. SCI is notaverse to the idea of bidding for both thegreenfield shipbuilding yards in the eastand west coast.

SCI also plans to set up a mega-dredgingcompany in alliance with Mumbai PortTrust, Jawaharlal Nehru Port Trust,Kolkata Port Trust and Cochin Shipyard.The dredging company would look intoall aspects of dredging including buildingdredgers and its operations.

"We have asked Ernst & Young to preparea feasibility report in three months," hesaid.

"If the report is positive then it will goto the cabinet for approval," he said.Apart from SCI, L&T and Reliance haveshown interest in setting up largeshipyards in the country. Some foreignplayers such as Hyundai, Daewoo as wellas domestic shipbuilders like ABG &Bharti have also evinced interest.

But the greenfield shipyards may takeat least 3-4 years to begin after all thegovernment clearances, which isexpected to take at least one-year.

Both Ennore Port & Mumbai Port Trusthave called for expression of interestsin February and March. The two nodalagencies have held meetings withinterested parties, including SCI, Hajarasaid. "We are keen on both theshipyards," he said.Though no sites have been identified,the locations that are being looked atare in Gujarat, Andhra Pradesh andTamil Nadu. The chief ministers ofthese states have evinced interest as itis a core infrastructure industry thatwould generate employment and givelots of thrust to ancillary industries, he

said.

Apart from these two shipyards, thereis no restriction for private shipyards tocome up with more. Some of theexisting shipbuilding yards areexpanding their facilities as globallythey are running at a full capacity.

However, a few private players areawaiting the renewal of a subsidy forshipbuilding that lapsed in August. Theywould like to make an annoucementonce the government renews thesubsidy. Hazara said subsidy or nosubsidy, SCI would go ahead with itsshipbuilding yard plans, which wouldhave the capacity to build very largecrude carriers.SCI plans to collaborate with foreigncompanies for shipbuilding yards. "Wewould either launch a special purposevehicle or go for a joint venture," hesaid.

The state-run firm, which has recentlyordered 18 vessels at a cost of $1.3billion to meet its expansion plan,proposes to go for acquisition of 42more ships soon at a cost of $2-3billion, he said.

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