CONCLUSIONS

OF THE MARE FORUM .99 CONFERENCE

 

Amsterdam,  21 - 22 June 1999

 

In the opinion of the Conference organizers the following Conclusions can be drawn from the Conference.

 

Introduction

International shipping, as a service industry, should not simply be governed by price only. As a link in the economic chain it needs predictability, reliability and performance. These issues affect all players in the market: ship-owners, flag administrations, classification societies, insurers, financial institutions, unions, labour and ports etc.

The shipping industry, however, lacks the consistent quality culture, necessary to ensure the functioning of shipping as an efficient link in the economic chain, as is shown by the persistent phenomenon of sub-standard shipping. Underlying sub-standard shipping is the lack of uniform implementation and enforcement of the globally-agreed regulations. This not only threatens the healthy development of the global shipping industry, it also threatens safety, environmental and other social conditions related to sea transport and increases the related external costs of shipping  - in particular  to port and coastal states. Research showed that the annual world-wide cost of vessel incidents are conservatively estimated between $3,6 and $6 billion per year. To the Conference these figures provided clear economic incentives to stimulate quality shipping.

 

It is the concern of the conference that sub-standard shipping continues to exist, if not flourish, in spite of the proliferation of regulations and  inspections intended to ensure that this should no longer be the case. No doubt this continues to be an issue as profit margins decrease and the cost of compliance with the regulatory schemes in effect will mount. Certainly considerable progress has been made but, in the opinion of the conference, it is not sufficient.

 

Clearly, in an industry where carelessness and poor ship quality can have catastrophic consequences, clear, intelligent and enforceable legislation is essential as well as a refined system of control and enforcement. At the same time, companies which, in the course of pursuing their commercial objectives, employ assets which are inherently loaded with risk have a special responsibility to manage  these risks. In the view of the conference the dialogue between legislator and operator is essential,  such also should include all parties on the shipping scene.

 

Regulatory system

The uneven track record of the shipping industry has given rise to a wide range of legislation, much of which has been a reaction to major accidents. In spite of the intentions, this has not always proved effective. Many accidents do not occur due to lack of regulations, but due to lack of compliance with regulations. In practice, there are so many regulations and requirements that no ship in the world could realistically be expected to comply with all of them.

The compliance with the present prescriptive regulations and specific requirements is largely monitored, supervised and certified by a third party. While this system represents a high degree of accountability, it is focused on compliance and does not offer motivation or incentives for improvements. The indications that the industry is overloaded with rules and regulations in the present system puts even more pressure on government efforts to enforce. Legislation and enforcement can only be effective if supported and implemented by the industry itself. In the view of the Conference a rationalisation of the regulatory system  through effective use of Formal Safety Assessment  is needed. The conference calls for an end to the imposition of more regulations. The present rules and regulations need to be re-evaluated.  The role of Governments should perhaps be redefined, with more emphasis being placed on well defined output regulations and performance goals. More use might also be made of the ISM and ISO approaches.

 

Quality of Flag states in relation to Port State Control

The IMO has started work on quality assurance criteria through its Flag State Implementation sub-committee. The conference believes that this should eventually result in binding commitments from Flag States to ensure that IMO instruments are implemented. Consistent implementation by Flag States should be the first line of defense. Unfortunately this first line of defense is not fully effective. In many cases  PSC, as a last safety net, is the  major enforcer of standards in the absence of Flag State action. Effective Port State Control has done much to raise the standards in shipping. However, Port State Control can by nature only be end-of-the-line control targeted at the ship, while flag states can control at the beginning by targeting the shipping company. Effective control is only possible when both flag state and port state are performing their duties. In this respect the strengthening of the  role of flag states is vital. One possibility of improving the performance of flag states is the development of a Network of Quality Registers. This NQR might be a practical solution that could sit alongside the efforts of IMO on Flag State Implementation and tackle the poorly performing ship registers. The Network would not interfere with  issues of sovereignty. It would provide a means whereby efficient maritime administrations could prove their competence to the world in exactly the same way as ship managers, shipping companies or class societies could demonstrate their audited quality. This Network could also play a leading role in the development and voluntary implementation of an ISM Code for flag states. 

 

In the view of the conference there is also room for closer co-operation between flag states and port states with respect to Port State Control, for instance in the area of information. In addition, there is a need to refine targeting, both to ensure that sub-standard ships are caught in the net and that good ships are spared unnecessary inspections.

 

Transparency

Transparency of information is about the perfect accessibility of information about the ship owner and  his vessels. In the view of the Conference transparency of information will not only assist in the development of self-regulatory schemes and their acceptance, but will also remove the veil that distance provides for the sub-standard players and leave them with no place to hide. Cargo interests, ship brokers, insurers, ship financiers, all noted that transparent information on quality aspects was crucial to them. They also noted that information had to be relevant, easily accessible and up-to-date.

 

With a significant increase in ship inspection activity in the early 1990’s duplication of ship inspections was occurring and occasionally several inspectors from different organisations had been on board the ship at the same time seeking to carry out inspections, addressing the same issues. Clearly, apart from the sheer inefficiency of this activity, ship’s staff were put under considerable stress at times when the ship was busy in port. Better co-operation between inspection and vetting agencies is welcomed and transparent information can stimulate this process.  

All information on all ships has to be available through a single point of contact. So that every interest is able to access the database prior to financing a ship, buying a ship, chartering a ship, inspecting a ship or insuring a ship. The challenge of course will be in ensuring reliable and updated data, permitting uniformity in interpretation and bearing in mind the different information needs (and professional competence to evaluate  and relate to available information) of the interested parties.

In the view of the Conference the EQUASIS project, that is being developed under supervision of the European Commission, can evolve into the hard core of the necessary data infrastructure. In this way EQUASIS can become the backbone of a system for self-regulation of the industry by providing a single point of contact for transparent information.

 

Self-regulation

Government has a clear role to play in ensuring that sub-standard shipping is tackled and international standards are effectively applied. However, sub-standard shipping exists because there is a market. If the industry can so regulate itself to the effect that the sub-standard operators are no longer provided with business, then society is on its way of overcoming the problem.

At the Conference there seemed to be unanimous agreement that a better balance could be achieved between regulation and self-regulation. It was recognised that there is a role for self-regulation in the shipping market. Especially because the regulatory regime did not achieve everything it set out to do, either because it was too prescriptive, it eliminated the scope for initiative, or it was not universally enforced and complied with. Government and industry are both, in their own different ways, responsible for that.

In the view of the Conference, self-regulation offers several advantages. It can offer major incentives to high quality operators. Solutions can be tailored to the specific needs and characteristics of a company based on defined safety and quality standards.  Enforcement should then be  based on implementation and monitoring of the individual requirements  by the company itself.  The functioning of the overall system (quality and safety) is to be monitored by a third party, either on a voluntary or on a mandatory basis, limiting the need for direct and duplicate inspections. Self-regulation relies strongly on the safety culture and responsibility of the operators. Therefore methods have to be developed which can be used as qualifying criteria.

 

In the view of the Conference the concept of self-regulation will change the existing working practices in the maritime industry. It might also change the role of classification societies as the leading provider of third party inspections. The existing requirements to perform inspections of the hull structure, the machinery and the safety equipment for example will not cease. However, it will be the company’s responsibility to set up the inspection planning and ensure that 'self-inspection' is performed regularly within the context of their safety management system. This will require changes to the classification practices of flag states and classification societies. A more flexible system of inspection and verification might be the result, providing incentives for the prudent ship owner. 

This development may well lead to an increased role of Port State Control on the one hand and classification societies on the other hand to provide independent spot checks on the safety and environmental protection status of vessels entering and leaving ports.

 

In this connection the signing of the Maritime Industry Charter by a considerable number of sections in the maritime industry after the conference is worth mentioning. The Maritime Industry Charter introduced by the European Commission provides what might be described as a strong commitment to a number of elements that constitute “quality shipping”. In effect it may do no more than is already put in place by the combined effects of the ISM Code and the STCW 95 improvements, but in a public fashion, it binds together the  vessels, the owners, the customers and also other industry participants in the common  goal of high quality shipping. Furthermore, by subscribing to the terms of the charter, industry participants undertake to operate by the rules, and not gain commercial advantage from any evasion of regulations or standards.

 

Possible roads for the future

The stake holders present at Mare Forum .99 (flag states, port states, ship owners, charterers, classification societies, insurers and bankers) committed themselves to a safety and quality culture and to transparency of information. Parties also committed to take up their responsibility regarding self-regulation by for instance further development of Codes of Best Practice, responsibility and accountability for use of sub-standard vessels and co-operation to improve and harmonise inspections regimes. New was the suggestion to develop an "Insurers IACS". Based on transparent information differentiation in premiums could become a powerful instrument to reward quality of safety investments. Insurers might even establish a world-wide accessible database of marine insurance losses.

 

Realising that much still has to be done to reach the ultimate goals, the Conference decided to set up six Working  Groups for considering in further detail, six core subjects which had been discussed at Mare Forum '99. The issues to be considered in the Working Groups and the names of the chairmen of these Groups are mentioned in the appendix to the conclusions of the conference. In expressing gratitude for those who volunteered to chair the Groups, participants at the Conference were urged to respond to the chairmen of the Working Groups and express their views on the various subjects.


APPENDIX TO THE CONCLUSIONS

 

 

 

1     Working Group on Evaluation and Harmonisation of the Regulatory System

Chaired by Mr. Gerrit Dubbeld

 

At the Conference there was no doubt about IMO's role as the standard-setting organisation. The importance of the ISM Code and STCW had in particular been mentioned. At the same time, the present regulatory system had a tendency to overload industry. Therefore a need was recognised to carry out an evaluation of existing rules and regulations. Governments should, as IMO member states, shift away from the tendency to react to each and every incident by proposing and imposing new rules. There should be a rationalisation of the regulatory system as well as a simplification. New regulations should be considered on the basis of formal safety assessment. Gerrit Dubbeld, Chairman of the IMO-Council offered to chair this Working Group.

           

Contact address chairman:     Ministry of Transport, Public Works and Water Management

Directorate-General for Freight Transport

Attn. Mr. drs. G.A. Dubbeld

P.O.box 20904

2500 EX  DEN HAAG

The Netherlands

Phone:    +31.70.351.1501

Fax:        +31.70.351.1548

Email:     gerrit.dubbeld@dgg.minvenw.nl

                                       

 

2     Working Group on Network of Quality Registers

       Chaired by Mr. Ger Nieuwpoort

 

At the Conference it was considered that the Network of Quality Registers might present an opportunity to improve Flag State performance and to distinguish between the good and the bad performers in shipping. It was concluded that such a Network needs to be open and non-discriminatory. It should provide a means whereby efficient maritime administrations could prove their competence to the world in exactly the same way as ship managers, shipping companies or class societies could demonstrate their audited quality. The Dutch government was prepared to work out the idea of a Network of Quality Registers into more detail. Mr. Nieuwpoort, Head of the Maritime Transport Division, offered to chair this Working Group.

 

       Contact address chairman:     Ministry of Transport, Public Works and Water Management

                                                    Directorate-General for Freight Transport

Attn. Mr. dr. G. Nieuwpoort

P.O.box 20904

2500 EX  DEN HAAG

The Netherlands

Phone:    +31.70.351.1611

Fax:        +31.70.351.1692

Email:     ger.nieuwpoort@dgg.minvenw.nl

3     Working Group on Codes of Best Practice

Chaired by Mr. Chris Welsh

                

Shippers agreed on the fact that companies really did see financial benefits in terms of best practice. As more companies adopted best practice and systems, better efficiency and better performances within the supply chain would result. They would be able to offer a better quality service to the customer.

Key performance indicators could be built into the system. The supply chain would need to be analysed, and operators, shippers and intermediaries involved in the process of determining performance. This action is in line with the Commission’s Quality Industry Charter. The Charter rightly placed an importance on the role of best practice by all parties in the chain as a means of encouraging the industry to go that bit further over and above the basic regulations. The European Shippers Council was prepared to take forward the best practice brief and make a contribution in this particular area of the quality shipping debate. Mr. Chris Welsh, Secretary General of ESC offered to chair this Working Group.

 

Contact address chairman:     European Shippers’ Council

Attn. Mr C.B. Welsh

40 Rue Joseph II

BTE 2

B-1000 BRUSSELS

Belgium

Phone:    +32.2.230 2113

Fax:        +32.2.230 4140

Email:     esc@pophost.eunet.be

 

 

4     Working Group on Human Element

       Chaired by Mr. Peter McEwen

 

The Conference agreed that quality shipping needed quality seafarers and that every ship was only as good as the people that operated her, both onboard and ashore. All were aware of the critical shortage of qualified seafarers facing the industry. It was felt that not enough was done to attract sufficient young people to the sea-faring profession. Important issues of recruitment, retention, training, STCW and the ISM-code should be addressed more thoroughly. It was remembered that virtually all of the organisations present at Mare Forum '99 depended on a flow of seafarers going through into the ‘maritime infrastructure’. A shortage on-board ship translated into a shortage of people ashore as well. Concern was raised at the top heavy age profile of those in the maritime industry. Many speakers had stressed the importance of quality crew to quality shipping. The Conference would give ship-owners and crewing organisations the chance to discuss how quality crew could be provided to run quality ships. NUMAST was quite happy to take the lead in carrying out some work in that area in the run-up to the Singapore Conference. Mr. Peter McEwen of NUMAST offered to chair this Working Group.

 

Contact address chairman:     Numast

Attn. Mr. P. McEwen                                

750-760 High Road, Leytonstone             Phone: +44.181.9896677

LONDON E11 3BB, United Kingdom     Fax:     +44.181.5301015

5     Working Group on Inspection and Vetting systems

Chaired by Mr. Hans Payer

 

The conference acknowledged that multiple inspections and vetting were counter-productive. Inspections by charterers, Flag States, Port States, and class societies all added to the burden of ship-owners’  and ships crews. Discussions should start on how unnecessary duplications between industry inspections and class inspections could be avoided. Mr. Hans Payer, Chairman of IACS, offered to chair this Working Group.

 

Contact address chairman:     Germanischer Lloyd AG

                                                    Attn. Mr H.G. Payer          

                                                    Postfach 111606 (Vorsetzen 32)

                                                    HAMBURG 20416 (D-20459 HAMBURG)

                                                    Germany

                                                    Phone:    +49.40.36149 215

                                                    Fax:        +49.40.36149 628

                                                    E-mail:    pay@germanlloyd.hamburg.org

 

6     Working Group on Transparency

Chaired by Mr. Willem de Ruiter

 

The conference had recognised that transparency of information had a role to play in the struggle against sub-standard shipping. The Conference had acknowledged the importance of data in the fight against sub-standard shipping. Good decisions required good data. More and more information about detained ships and the interests involved was being released or contemplated for release. This transparency should be extended to include the ship financiers, the cargo interests, the ship brokers and the insurers. Many of these parties had participated in the OECD Roundtable with Industry on Sub-standard Shipping in September 1998. All had agreed that transparency of information was crucial to them. They had also stressed that the information needed to be relevant, easily accessible and up-to-date. Information on all ships should be available through a single point of contact, possibly EQUASIS. All interested parties would be able to access the database before buying, financing, chartering, traveling on, or inspecting a ship. It is important to involve the potential users of the database, in order to facilitate not only the use as such, but also to improve the application of the data obtained. The European Commission was prepared to take forward the issue of transparency and incorporate all relevant aspects in this field. Mr. Willem de Ruiter, Head of the Division for Maritime Safety of the EU-Commission,  offered to chair this Working Group.

 

Contact address chairman:     European Commission, DGVII

Attn. Mr W. de Ruiter        

Rue de la Loi 200

B-1049  BRUSSELS

Belgium

Phone:    +32.2.296.8265

Fax:        +32.2.296.9066