Harbour Towage Panel

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1 Harbour Towage Panel Meeting held at the UK Chamber of Shipping, 30 Park Street, London SE1 9EQ Monday 1 February 2016, at 2pm Present Yannis Calogeras Bureau Veritas David Offin Caledonian Towage Tim Charlesworth Cattewater Mark Parsons Serco Marine Duncan Foster Serco Marine Hugh Patience SMS Towage Simon Foster Serco Marine Chris Snape Shell Louise Hall Shipowners P&I Robert Spaas Smit Jonathan Handley JP Knight Alison Taylor Svitzer Marine Nick Jeffery Solent Towage Paul Thomas Fowey Harbour Deniz Kirdar True Svitzer Marine Paul Whyte LOC Richard Knight JP Knight Rob Wilkinson Serco Marine Patrick Lyon SMS Towage Alison Williams Svitzer Marine Alex McCooke Shipowners P&I Jason Woodward Svitzer Marine Marc Niederer Svitzer Marine Adrian Mundin Secretary and UK Chamber Minutes Nick Dorman Chairman / Targe Towing Ltd 1. Introduction, apologies and competition statement In the absence of the Acting-Chairman, the Panel was chaired by Nick Dorman who welcomed everyone to this the second meeting. Attendees were reminded that Panel meetings must be conducted in accordance with competition law. Apologies were received from the following members of the BTA s Executive: Phil Dulson Acting- Chairman (Svitzer), Peter Vierstraete (Smit), and Tom Woolley (Targe). 2. Minutes and matters arising 2.1 Minutes of the last meeting The minutes of the meeting held on 15 September 2015 were approved. 2.2 Matters arising Action 1/15; Secretariat to engage with the ETA on EU Ports Regulation and report; an update was given under Item 4.1 below. Complete

2 Action 2/15: Secretariat to follow up the proposal that MCA the sponsor an IMO circular on dangerously weighted heaving lines. This was discussed with the MCA at the PMSC SG, 16 December. They have indicated that they will draft a letter, with appropriate illustrations, to IMO with the expectation this will be circulated amongst member states. Complete Action 3/15: Secretariat to consult the ETA on publishing the Pilots Guide to Towage in alternative languages. ETA has been approached and, whilst there was much interest in the guide, the responses was indifferent about producing it in other languages. The Panel agreed that being published in English would help to emphasise it as the language of the bridge. Complete. Action 4/15; Towage operators to inform the Secretariat with their training needs, in particular those seeking to take MSQ units by distance learning, to allow if appropriate some coordination with the National Workboats Association. No responses received to date, but should be considered as a routine matter. Complete 3. Report of incidents Members were briefed on relevant incidents: The capsize of Tug Asterix, March 2015, remained subject to investigation with the report in its final stages of consultation. The MAIB are currently investigating a fatal incident which occurred whilst Svitzer Moira was berthing alongside at Royal Portbury Dock, 29 December Smit Harbour Towage reported an incident where a towline parted and the snap back caused it to smash hardened glass wheel house windows. The loading had not been particularly heavy. Minor injuries resulted and the failure remains under investigation. A short video was shown at the end of the meeting. The parting of a mooring line onboard the LNG tanker Zarga at Milford Haven, causing serious injury, was raised by Shell, who said OCIMF were producing guidelines for the use of high performance ropes. The precise mode of failure is still subject to investigation by MAIB, but a low bollard diameter to rope diameter ratio, the problem of the rope condition being hidden by the sheathing and snatch loading were thought to be contributory. 4. Regulatory and policy developments, including EC 4.1 EU Ports Regulation The Secretariat said that the vote by the TRAN Committee on the EU s draft regulation on market access to port services and financial transparency in ports, due in November, had taken place 25 January. The Committee adopted the regulation (29 in favour and 13 against with 3 abstentions) with a number of amendments. There is now likely to be a full European Parliament vote on the Regulation in March. The HTP suggested that the Regulation would counter the successful commercial model in place in many UK ports. It was disproportionate and a race to the bottom may reduce standards of safety in towage. In Chapter 2, organisation of port services, it remained anomalous that for market access, towage remained in scope, but cargo handling services, passenger services, pilotage and dredging were excluded (articles 1 and 11 refer).

3 UK Ports, as well as the the European Tugowners Association, supported by the BTA, are working to reject the regulation in its entirety. The Panel agreed that the Regulation would add a bureaucratic burden and was not in the interest of operators within the UK 4.2 The EU referendum Action 1/16; Secretariat to reaffirm support of ETA in this matter The Secretariat restated the position that it wanted to provoke discussion of the issues as they affect shipping and the industry as a whole, rather than come down on one side or the other. Any renegotiation of the terms of membership had yet to address industry concerns; likewise, what the UK may look like outside the EU had not been illustrated. 4.3 Review of the MCA The Secretariat announced that Simon Barham, formerly COO and MD of Bibby Ship Management, has been appointed as the new Director of the UK Ship Register, with effect from mid February. Members were encouraged to continue reporting to the Secretariat any issues with local Marine Offices. It was important to keep up the momentum for change. The carriage of safety boat exemption by tugs involved in harbour towage was cited as an important example where MCA surveyors did not adhere to the centrally issued guidance/exemption. 5. Towage safety and Port Marine Safety Code issues 5.1 The Port Marine Safety Code revision The Secratariat briefed on the update to the PMSC and refresh of the accompanying Guide to Good Practice. An MCA working group had met 25 November and produced an update PMSC, which removed much duplication and developed some key principles to assist duty holders. Work was in hand to streamline the Guide to Good Practice and a further meeting was planned for 14 April. Consideration would be given to a lite version for smaller harbours, with emphasis that the Code is equally applicable to marinas and smaller such facilities. In respect of the reviews, Members said that it was important that those with towage knowledge shaped any changes involving the operation of tugs and the risk assessments for towage. The BTA and the UK Chamber would be represented at the next meeting. 5.2 Marine Navigation Act 2013 The post legislative review of the Marine Navigation Act 2013, mentioned by the DfT in the autumn, has yet to commence. Areas of interest would be the introduction of powers of Harbour Direction and the expanded eligibility of those able to apply for a PEC. A Port Authority member indicated that defining Harbour Directions as being applicable to ships was causing difficulties in enforcing rules on other users of the water. 5.3 BTA Safety Seminar, City of Glasgow College, 10 December The Chairman provided a brief resumé of the event, which was well supported and considered a success. The venue for this year was agreed as Southampton, with a theme focused on the cause of fatal accidents. 5.4 Pilots Guide to Towage The Secretariat provided a sample which was well received. It was ready for a full print run, pending confirmation of copyright permission for some of the illustrations.

4 5.5 Safety Statistic for 2014 Towage safety statistics were briefed. It was noted that there was a welcome falling trend, although increased emphasis this last year had suggested an increase in lower level incidents. Regrettably there had been a fatality at the close of A BTA circular requesting statistics for the period Jan- Dec 2015 has been sent out, although some returns were still awaited. In order to build on the improvement in safety culture, the information requested will include that relating to proactive reports. It was agreed that the day rate for exposure hours should be calculated as 12 hours per person. Svitzer said that a common theme for fires onboard was poor maintenance. Machinery was ever more complex and the lack of familiarisation was becoming an issue. Engineers needed the right skill set to carry out their duties safely and competently. The declining skill and standard of seamanship of crews on some assisted ships was an increasing cause of concern. 5.6 Code of Safe Working Practices Williams Lea (TSO), the publisher for MCA, are currently investigating the production of interpretation guidelines for the Code of Safe Working Practices for certain vessel types, including workboats, other small commercial vessels. The concept would be to pull out relevant content, interpret the Code and go into more detail where necessary. There was some support for this approach, although it could be difficult to exclude much of the information. 7. Technical development 7.1 Tug towing winch requirements The BTA has engaged with Lloyd s Register to develop class rules for tug towing winches. The first part of this work has been to produce requirements for emergency releases and LR had passed this out to other IACS members for comment. A standard was expected to be in place in and being implemented in 12 months (2017). 8. Employment, training and certification 8.1 MCA s Maritime Labour Convention Tripartite WG, 2 December The brief was noted. 8.2 Presentation an introduction to the MLC A very informative presentation was given by Shipowners P&I, including its applicability, documentary requirements, surveys, contract requirements and financial security. The presentation is attached. 8.3 Apprenticeships Further to the brief, larger members were concerned about the apprenticeship levy. There were currently only a few apprenticeships available for seafarers. All were encouraged to take advantage of the scheme and consider submitting proposals for new apprenticeships. The UK Chamber and Maritime Skill Alliance could assist where needed.

5 8.4 Small vessel engineer certification The Secretariat mentioned that the draft MIN was still awaited from the MCA. The requirement that sea time in tugs may be undertaken in Categorised Waters, rather than at sea had been reaffirmed by the MCA and this exception will be in the final text. 8.5 Tug training update Svitzer asked how best to achieve the necessary academic qualifications. Demand was relatively low and there were few providers offering the relevant MSQs. Sideways entry into the sector, recruiting individuals who were already qualified from the Merchant Navy, was easier and cheaper. It was agreed that some liaison with colleges, perhaps through the MSA, might be useful. Action 2/16; Secretariat to approach training providers 9. Environmental brief With an increasing interest in alternative fuels for tugs, LNG was becoming a more likely option. Volumes would be small initially and thus there would be difficulties in making the case for appropriate infrastructure. Shell mentioned that they were building demand and considering a bunker delivery vessel. Members agreed this would be a useful subject for the conference. 10. Programme, seminars and events BTA AGM, Annual Conference, UK Chamber Thu 28 April European Tugowners Conference, Edinburgh May 2015 Harbour Towage Panel Thu 26 May (to be agreed) 11. Any other business 11.1 Harbour Revision Orders The Secretariat said that many port authority consultations were received by the chamber, but there was invariably little to offer in response. The assumption was that all necessary consultation had already taken place locally and that if issues had not been represented by members to the Secretariat, then no chamber action was expected Emergency Towing Vessel (ETV) The Secretariat briefed that the current ETV contract will expire 31 March 2016 and that the Government s desire was to cease the funding altogether. Opinion varied and it was noted that although the ETV contract represented a commercial opportunity for one company, the fact that other vessels were not being called acted as a disincentive for others to invest in the necessary onboard equipment and training. As a result, the skills needed for this sort of salvage were being lost, certainly from the harbour towage sector. [Post meeting note: the contract has been extended to 30 September 2016 allowing time to work through the longer term options. A follow on meeting will be held in Edinburgh, 9 March 2016.] Nick Dorman Stand in Chairman Harbour Towage Panel Adrian Mundin Panel Secretary

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