In its continued campaign to reduce the risk and consequences of container ship fires, TT Club turns its focus to the plight of fire damaged ships and their often prolonged search for a place of refuge.

London & Dubai, 6^th April, 2021

A detailed review of some of the more serious container ship fires of recent years highlights concerning features of the aftermath in terms of safety to crew, the stricken ship and its cargo, and the maritime and coastal environment. 

Speaking at the Middle East Transport and Logistics Summit recently, TT Club’s Abdul Fahl pointed to the substantial delays in finding damaged ships a place of refuge (usually an existing port), illustrated by the examples of ‘MSC Flaminia’, ‘Maersk Honam’ and ‘Yantian Express’. These heavily damaged, fire-stricken ships took at worst almost three months to be granted refuge and a further period approaching six months elapsed before their cargo could be safely and securely discharged.

Fahl explained, “A place of refuge – typically a port – is where a ship in need of assistance can take shelter to enable it to stabilise its condition and reduce the hazards to navigation and protect human life and the environment.” He goes on, “There are no international conventions or mandatory regulations directly compelling a State to provide refuge.  IMO resolutions promote preparedness and the need for coastal States to take responsibility to avoid compounding issues faced by ships in distress. Equally, EU member States are required to draw up and implement plans to take ships in distress requesting refuge under their authority. However, the relevant Directive stops short of imposing a legal obligation on the coastal States to provide such refuge.”

The International Maritime Organization (IMO) guidelines state ‘when a request for an access to a place of refuge is made, there is no obligation for the coastal State to grant it, but the coastal State should weight all the factors and risks in a balanced manner and give shelter whenever reasonably possible.”

Despite such ‘requirements’ and ‘guidelines’, the fire-crippled ‘MSC Flaminia’, on which three crew members died, was denied access to a number of ports in Europe for eleven weeks before berthing in Wilhelmshaven, Germany.  Even then, a further twenty plus weeks elapsed before her remaining containers were discharged in Romania.  The ‘Maersk Honam’ was even more seriously damaged in the Arabian Sea, with five crew losing their lives.  The severely destabilised ship was eventually allowed into Jebel Ali, Dubai some eleven weeks later.

Such delays endanger crews and salvors, increase the risk of further fire and damage, augment the possibility of maritime pollution and environmental damage of the coasts, and enlarge the losses of unaffected containers and cargo due their extended transit times to their final destinations.  While clearly each incident presents multifaceted issues and diverse interests, the balance in favour of coastal State sovereignty, economy and environment may restrict the readiness to provide assistance to ships in distress.

As a result, TT Club urges all stakeholders, port administrations, coastal States and the regulatory authorities to consider carefully their responsibilities to be proactive in setting up and testing emergency plans in regard to places of refuge on safety, environmental and moral grounds.

ENDS

About TT Club

TT Club is the established market-leading independent provider of mutual insurance and related risk management services to the international transport and logistics industry. TT Club’s primary objective is to help make the industry safer and more secure. Founded in 1968, the Club has more than 1100 Members, spanning container owners and operators, ports and terminals, and logistics companies, working across maritime, road, rail, and air. TT Club is renowned for its high-quality service, in-depth industry knowledge and enduring Member loyalty. It retains more than 93% of its Members with a third of its entire membership having chosen to insure with the Club for 20 years or more.

www.ttclub.com

Having warned of various threats to the COVID-19 vaccines supply chain late last year, international freight insurer TT Club is now reporting a spate of disruptions to effective distribution across the globe.

London, 29^th March, 2021

All actors in the global supply chain must be increasingly alert to a range of risks due to criminal activity targeting vaccine supply.  From theft and illegal sale of authentic vaccines to counterfeiting, substitution with fake pharmaceuticals and contamination, the threats posed by criminals attempting to take advantage of this very high -value cargo, are widespread.

Mike Yarwood, TT Club’s MD Loss Prevention, warns the risks should not be under-estimated, “It is probable that the market for counterfeit pharmaceuticals is worth US$400 billion a year and the World Health Organisation (WHO) estimates that up to 1 million people die annually from counterfeited drugs,” he points out.

“The current and future supply chain challenge to distribute the COVID-19 vaccines, in all their forms, from various countries of production, will mean that these figures are likely to grow.  Multiple incidents have already been reported,” said Yarwood.  

In the Netherlands, upon opening the trailer doors of a full truck load of pharmaceutical products, the consignee was faced with ten male migrants who had been hiding in the trailer. The cargo was contaminated and destroyed.  While in the UK, three arrests were made following the theft from a truck of COVID-19 lateral flow testing kits worth over UK£100,000.

Recently two counterfeiting organisations focusing on COVID-19 vaccines were successfully broken up. In one case more than 3,000 saline filled vials were being sold as authentic vaccines and seized in Chinese police raids. Another report noted that 400 vials, the equivalent of around 2,400 doses, were discovered as containing fake vaccine in a warehouse in Gauteng, South Africa.  While in both cases a quantity of counterfeit goods was seized and arrests made, it remains unclear what volume of fakes had already been manufactured and shipped. 

Latin America is the latest region to report extensive serious malpractice.  In Mexico a variety of Pfizer vaccines and others from three Chinese manufacturers (both genuine and counterfeit) have been offered for sale at up to US$1200 per dose.  Many have been subsequently administered.  And in Brazil, water-filled and empty syringes have been found on the black market.

A range of COVID-19 vaccines have been posted for sale on the dark net. The prices, in Bitcoin, ranging from US$250-300. There is no way to determine whether these vaccines are genuine, or even exist at all, placing potential users at huge risk.

As the WHO and altruistic charitable organisations such as the Gates Foundation, with its Global Alliance for Vaccines and Immunisation (GAVI), strive to ramp up vaccine supply to the poorest nations, there needs to be appropriate investment in the security of the subsequent supply chains, maintaining the integrity of the cargo.

Indeed, TT urges equal attention by all governmental agencies to the end-to-end vaccine supply chain to avert fatal undermining of the substantial R&D efforts globally.

Yarwood concludes, “Should the responsibilities of the pharmaceutical companies and organisations funding the supply, end at the point of production and sale, leaving local governments to manage security through the supply chain? A degree of uncertainty will prevail and security effectiveness differ from region to region. Operators who are called upon to transport, store and deliver such vital supplies therefore must be super vigilant in guarding against loss through theft and the infiltration of fakes into the supply chain.”

ENDS

About TT Club

TT Club is the established market-leading independent provider of mutual insurance and related risk management services to the international transport and logistics industry. TT Club’s primary objective is to help make the industry safer and more secure. Founded in 1968, the Club has more than 1100 Members, spanning container owners and operators, ports and terminals, and logistics companies, working across maritime, road, rail, and air. TT Club is renowned for its high-quality service, in-depth industry knowledge and enduring Member loyalty. It retains more than 93% of its Members with a third of its entire membership having chosen to insure with the Club for 20 years or more.

www.ttclub.com

Freight transport liability insurer TT Club provides important insight to recent changes to the UK’s Road Haulage association’s (RHA) Conditions of Carriage (2020) that have ramifications to carriers’ liabilities.

London, 17 March, 2021

The latest version of the RHA conditions of carriage (2020)* were released last year, effective 1 September. TT highlights changes to three clauses in particular: protecting carriers’ obligations if delays in transit result from the customer’s omission, clarifying the issue of liabilities for loading and unloading cargo from the vehicle, and providing a useful definition of ‘commencement of transit’ with its implications on liability in the event of damage or loss prior to that point.

“Although relatively small, these changes can have significant impact on the liabilities sustained by carriers under certain circumstances,” says TT Club’s Mike Yarwood. “Since Brexit, for example, there have been a number of occasions of hauliers arriving at UK ports seeking to cross the EU border without the necessary documentation or permits. Documentary errors, potentially by the customer, cause delay, which if perishable cargoes are involved can result in extensive losses.  Under clause 5 (4) of the new conditions, a carrier has the right to suspend or possibly even terminate the performance of the service, and in addition damages such as loss of business and driver’s wages could be claimed from the customer,” he explained.

TT Club and commercial law firm Hill Dickinson have worked together to outline the important clause changes that effect the customer-carrier contractual relationship.  Hauliers and other stakeholders who incorporate the terms of the earlier, 2009 version are encouraged to alter their own Standard Trading Conditions (STCs) in line with the new provisions.

A further issue clarified in the 2020 conditions is connected to liabilities for loading and unloading cargo from a vehicle. Clause 4 now states that unless otherwise agreed in writing, responsibility for loading cargo onto the vehicle and the unloading of the cargo at the consignee, rests with the customer. Further, the customer is also required to indemnify the carrier from and against all and any loss, damage, death or injury that might arise during such operations. 

Yarwood goes on to profile another clause that has been altered, “TT has recently been active in reporting the increase in theft from warehouse premises, a consequence primarily of pandemic related backlogs and delays.  This includes from loaded trailers awaiting departure.  In this regard, Clause 7 of the new conditions sees a material change to the definition of commencement of transit.  This is defined as after the consignment has left the premises from where the consignment is collected.”

This is of significant assistance to the carrier when no alternative secure parking facility is available enroute to the destination or the driver does not have sufficient driving time to reach a secure parking location.  In the spirit of security, it would now be advantageous from both a liability and a security perspective to leave the loaded trailer at the shipper’s premises until the driver’s hours allow a more seamless delivery option.

TT Club consistently advises carriers to review their STCs on a regular basis in order to maintain control over their risk profile.  In this instance, the RHA have provided a valuable service in up-dating some of the clauses of these conditions of carriage, which it would be wise of carriers to adopt.

*https://www.rha.uk.net/membership/member-benefits/conditions-of-carriage-and-storage

ENDS

About TT Club

TT Club is the established market-leading independent provider of mutual insurance and related risk management services to the international transport and logistics industry. TT Club’s primary objective is to help make the industry safer and more secure. Founded in 1968, the Club has more than 1100 Members, spanning container owners and operators, ports and terminals, and logistics companies, working across maritime, road, rail, and air. TT Club is renowned for its high-quality service, in-depth industry knowledge and enduring Member loyalty. It retains more than 93% of its Members with a third of its entire membership having chosen to insure with the Club for 20 years or more.

www.ttclub.com