Anti trust competition law compliance statement
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Anti trust competition law compliance statement

Anti-Trust/Competition Law Compliance Statement

INTERTANKO’s policy is to be firmly committed to maintaining a fair and competitive environment in the world tanker trade, and to adhering to all applicable laws which regulate INTERTANKO’s and its members’ activities in these markets. These laws include the anti-trust/competition laws which the United States, the European Union and many nations of the world have adopted to preserve the free enterprise system, promote competition and protect the public from monopolistic and other restrictive trade practices. INTERTANKO’s activities will be conducted in compliance with its Anti-trust/Competition Law Guidelines.

Welcome to intertanko s member seminar


Welcome to INTERTANKO’sMember Seminar


3rd December 2009

Seminar schedule

Seminar Schedule

0900-0920Welcome and introduction

0920-1030Key issues

Tanker Market Overview



Criminalization of Seafarers

Fuel Issues: EU, CARB and North America ECA

1030-1045Coffee break

1045-1140Key issues

Marine Issues

Ship Recycling

Regional Matters


Open discussion on all issues


Asian panel and member seminars

Asian Panel and Member Seminars



SingaporeMembers Seminar

Hong Kong Asian Panel Meeting


Shanghai Members Seminar



Singapore Members Seminar


Tokyo Asian Panel Meeting

Seoul Members Seminar

Shanghai Members Seminar

Anti trust

Marine Issues


  • Oil Company Relations

  • TOTS: Quick update

  • TVD

  • Port State Control: Facilitation Payments

    Ship Recycling

    Regional Issues

  • Oil Pollution Regulations, China

Ghgs and the seemp

GHGs and the SEEMP

Ghgs and the seemp1

GHGs and the SEEMP

Ship Energy Efficiency Management Plan

  • Developed as a ship-specific plan by the ship owner

  • Part 1 – What the Plan should look like in four parts

    • Planning: Package of measures identified & Goal setting

    • Implementation: Implementation system

    • Monitoring: Monitoring system (tools and record keeping)

    • Self-evaluation & Improvement: Voluntary reporting

  • Part 2 – List of possible options for improving energy efficiency (enter INTERTANKO’s Guide)

Ghgs and the seemp2

GHGs and the SEEMP

INTERTANKO’s Guide for a Tanker Efficiency and Emission Management Plan

  • Introduction

  • Establishing the Company and Ship Management Plans

  • Voyage Optimisation Programme

  • Propulsion Resistance Management Programme

  • Machinery Optimisation Programme

  • Cargo Handling Optimisation

  • Energy Conservation Awareness Plan

Oil company relations

Oil Company Relations

Oil company relations key areas of cooperation

Oil Company Relations: key areas of cooperation

Generic Items

  • Involvement in development of tanker best practice: ISGOTT, the Mooring Equipment Guidelines and the Tanker Management & Self Assessment (TMSA)

  • Cooperation on common new building standards

  • Participation and cooperation on development of best practice for standard maintenance with the oil companies

  • Closer cooperation between ISTEC and OCIMF Technical sub-committee


  • Seeking increased transparency as to who are the recipients of the SIRE reports (this is currently not available, only the submitters are known)

  • INTERTANKO would like to see:

    • an increased number of accredited SIRE inspectors,

    • an ease of complying with 4-6 month validity requirements of SIRE reports, and:

    • a reduction in the cost of the vetting process.

Oil company relations key areas of cooperation1

Oil Company Relations: key areas of cooperation

Technical Co-operation

  • Requesting an improvement in efforts to notify owners of any change in the vessel’s vetting status within an Oil Company, at the time of change. (Currently owners are only made aware of a change in status when the vessel is offered for business)

    Freight and Demurrage

  • INTERTANKO members continue to experience problems with demurrage claims and requests that these be paid as soon as they are incurred


  • INTERTANKO looks to OCIMF for support and cooperation for safe access to vessels at terminals for the safe management and maintenance of vessels together with supporting crew welfare

Oil company relations key areas of cooperation2

Oil Company Relations: key areas of cooperation


  • Welcome more cooperation regarding the problems associated with the multiplicity of acceptability in the vetting and screening process

  • Seeking cooperation with OCIMF in establishing TOTS as an industry standard

  • Advocate the use by charterers of the SIRE system to increase the uniformity of inspections

  • Common guidance on inspections at the New Building stage would overcome the current difficulties experienced by owners when seeking an inspection

  • Age discrimination still exists within certain oil companies, contrary to recent regulatory developments. This reduces the owners incentive to maintain vessels after a certain age.

Tanker officer training standards

Tanker Officer Training Standards

Anti trust

Tanker Officer Training Standards

The need for TOTS...

  • Increasing Incidents

  • Officer Training Requirements

    • Matrix requirements

    • Continuous Improvement

    • TMSA 2

  • Human Element Factors

  • Shortage of Experienced Officers

Tots objectives

TOTS objectives

TOTS Summary – an Industry Standard

  • Ensure compliance with today’s rules & regulations.

  • “Ease compliance” with Officer Matrix Requirements

  • Ensure that the team onboard will operate the tanker environmentally aware and safe

Anti trust

INTERTANKO has issued Authorisations to all IACS Members:

American Bureau of Shipping (ABS)

Bureau Veritas (BV)

China Classification Society CSS)

Det Norske Veritas (DNV)

Korean Register (KR)

Gemanischer Lloyd (GL)

Lloyds Register (LR)

Nippon Kaiji Kyokai (Class NK)

Registro Italiano Navale (RINA)

Russian Maritime Register of Shipping (RS)

TOTS Latest Updates

Anti trust

TOTS Latest Updates

  • TOTS to be available fully electronically: E-TOTS

  • Arrangement with Seagull to produce E-TOTS

    • Unless logo is present, it is not officially licensed by INTERTANKO

  • Numerous companies working on full implementation

Winner of Seatrade Award 2009

“Investment in People”

Terminal vetting database

Terminal Vetting Database

Terminal vetting database tvd

Terminal Vetting Database (TVD)


  • Terminal Vetting

    • Tankers are vetted but are sometimes asked to make fast to poor quality berths

    • The vetting process works for ships, so why not for terminals?


  • enhance safety at the terminals

  • improve member efficiency by influencing terminals to ‘fix’ problems

  • maintain industry safety record


  • Access to the system is controlled by INTERTANKO and is strictly limited to INTERTANKO Members and Associate Members

  • The Terminal Vetting Database is hosted by in partnership with INTERTANKO

  • Access is usually set up within one business day

Terminal vetting database tvd1

Terminal Vetting Database (TVD)

Terminal vetting database tvd2

Terminal Vetting Database (TVD)


  • The number of reports received each year over the last 2 years 2007: 2,6002008: 2,8782009: 2,700 (projected)  

  • Number of low score terminal reports received each year last 2 years 2007: 392008: 402009: 15 (as of Aug 3, 2009) 

  • Number of terminals who have provided "terminal comments" 2007: 02008: 122009: 1 (as of Aug 3, 2009)  

  • We have received reports from almost 800 vessels since inception

  • We have received a total of 14,000 reports since inception

Port state control facilitation payments

Port State Control – Facilitation Payments

Psc facilitation payments

PSC – Facilitation Payments

In order to trade efficiently (smoothly) Facilitation Payments are frequently made to Authorities, Pilots, Terminal Officials, Inspectors, and more


Owners are expected to warrant that no bribes (and in some cases also no facilitation payments) will be paid during the performance of the contract and that owners are obliged to indemnify charterers from all consequences if any such payments are made.

DocCom is considering model clauses, e.g. for Voyage Charters:

….. any waiting time caused by the owners refusal to pay a facilitation payment or bribe shall count as laytime or if on demurrage time on demurrage, even if the vessel formally lacks any local certificates, clearances or there are any other  … circumstances or formalities that ordinarily could prevent laytime from starting, if the reason the owners do not have such approval etc. is because owner has refused a facilitation payment or bribe.

Ship recycling

Ship Recycling

Ship recycling1

Ship Recycling

The key regulatory development...

Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships 2009

  • Unlikely to enter into force until 2013 at the earliest, but...

  • Pressure on ship operating industry to move towards compliance in the transitional period

  • Interest from INTERTANKO members to recycle in compliance with the Hong Kong Convention

  • Recommendation to recycle ships in accordance with the Hong Kong Convention, where possible

  • Industry Working Group – “Transitional Measures – for Shipowners Selling their Ships for Recycling”

Ship recycling2

Ship Recycling

Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships 2009

Key Elements

1. Recycling Facilities – environmentally sound

2. Mandatory reporting scheme

3. Ship Recycling Plan

4. Minimising Potentially Hazardous Materials

5. Inventory of Hazardous Materials (aka Green passport)

Ship recycling3

Ship Recycling

Transitional Measures - for Shipowners Selling their Ships for Recycling

Key Elements

  • Activities During the Lifecycle of a Ship

    • Inventory of Hazardous Materials – accurate and updated

  • Selling a Ship in Accordance with the Convention

    • Methods of Sale – direct or through cash buyer

    • Ensuring a Facility is Competent

    • Ship Recycling Plan – specific to the vessel being recycled

    • Prior Removal of Hazardous Materials – yard selected on capability to handle waste

    • Safe for Entry and Hot Works – tanks cleaned to allow/facilitate gas freeing at the yard

    • Certification and Flag State Reporting – 3rd party verification

    • Other Factors to Consider

      • Facility Management Plan

      • Worker Health and Safety

      • Waste Management

Regional issues

Regional Issues

Regional developments

Regional developments

Singapore Inspection Request Form

  • March 2009

  • Limited complaints from INTERTANKO members in terms of refusals, but...

  • Some concern over form and guidelines for form use being strictly adhered to

  • Additional company representative not well received

  • Possible future progress

    • Inclusion of CDI inspectors alongside SIRE

    • Removal of requirement for additional company representative (superintendent)

    • Eventual removal of form submission

  • Regional developments1

    Regional developments

    Regulations on the Prevention and Control of Ship-Induced Pollution of the Marine Environment

    • 1st March 2010

    • Any ship-induced pollution accident or any ship-related operation that causes or may cause pollution damage to the internal waters, territorial seas, and the contiguous zones, exclusive economic zones and continental shelves of the PRC and all other sea areas under the jurisdiction of the PRC

    • Need for ship emergency response plans

    • All ships, except those of less than 1,000gt and not carrying oil cargoes, must carry insurance to cover claims for pollution

    • The limit of liability is that in the PRC Maritime Code (LLMC 76).

    • The insurance must be provided by an entity approved by the China MSA

    • The operators of any ships carrying bulk hazardous and pollutant liquid cargo shall contract with an MSA approved local clean-up contractor

    • It would seem that there this no limit of liability PRC Maritime Code (LLMC 76)

    • Receivers of persistent oil cargoes are required to contribute to the PRC Fund, which would compensate for ship-induced pollution claims that are in excess of CLC limits.

    • Provisions for discharge and receipt of waste (port reception facilities)

    Regional developments2

    Regional developments

    Regulations on the Prevention and Control of Ship-Induced Pollution of the Marine Environment

    INTERTANKO Observations and Queries

    • Not certain whether CLC 92 for persistent oil or Bunker Convention 2001 for ships over 1,000gt would suffice in terms of insurance

    • Entities approved by the China MSA to provide insurance cover – P&I?

    • Require a list of approved clean-up contractors asap so companies can begin establishing contracts by the 1st March deadline

    • Although China is not a party to the Fund, contributions to a PRC Fund would seem to be a local variation on the CLC Fund principle

    • Assumed that SOPEP and SMPEP would suffice as the ship emergency plans

    • Not clear whether standardised advance notification forms and waste delivery receipts for port waste reception facilities will be used

    • Await an official english translation and further guidance

    Anti trust

    thank you

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