InsIght B13tuesday 22 june 2021 The Company of Master Mariners of Sri Lanka (CMM) is a member of the Organisation of Professional Associations of Sri Lanka (OPA). Having conducted a webinar on the subject, wishes to enlighten the general public on the numerous aspects of shipboard operations in general and required preparedness towards possible maritime emergencies in our waters such as the incident of MV X-Press Pearl. With a membership of over 300 ship captains, some employed on ships, both local and foreign, and some in the shore-based shipping industry, both in Government organisations and the private sector, the wealth of professional knowledge, skills and the experience of members instrumented the CMM to join the OPA to conduct a webinar on the subject of MV X-PRESS PEARL DISASTER – in the backdrop of the X-Press Pearl debacle and, present an unbiased professional view on the matter when so many versions with inaccuracies, some very blatant unfortunately, were circulated widely. In the case of the X-Press Pearl, the following are the facts of the vessel and her voyage in question i.e. • X Press Pearl is a three-month-old ship 186 m in length and 34.8 m in breadth and 17.9 m in depth with 37,000 MT carrying capacity and ability to accommodate 2,700 TEUs. • Vessel operated by X-Press Feeders of Sea Consortium Group and was employed in a regular service connecting Singapore, Jebel Ali (United Arab Emirates), Port Hamad (Qatar) , Hazira ( Gujarat ,India) Colombo , Port Kelang and Tanjung Pelapas (Malaysia), on an approximately 30-day round voyage, • This was the third time the X-Press Pearl called Colombo Port in her short life of three months. • The ship’s crew had noticed a leak from a container after leaving Jebel Ali in UAE for Port Hamad in Qatar. It was identified to contain Nitric Acid. • In Hamad, Qatar, the Ship’s Captain had requested the port to arrange the discharge of the container which had been refused owing to unavailability of resources. • Port of Hazira, another port in Gujarat, India, refused to discharge the said container for reasons unknown. Perhaps due to insufficient time. • Finally, she arrived in Sri Lanka, Colombo anchorage as the next scheduled port and not as ‘a port of refuge’. What happened thereafter is widely publicised but with numerous speculations. Let us explain the standard practices. When a vessel calls a scheduled port of call on her regular service, she would comply with normal port entry formalities which includes notice of arrival, International Ships and Ports Security (ISPS) Clearance – a responsibility delegated to the Navy in Sri Lanka, declaration of cargoes, stores (items for ship’s use), and crew effects. As for cargo, there could be much more detailed information declared by the ship’s operator, 48-hours before arrival when possible, through electronic means or through the local agent, including a declaration of dangerous goods. Having complied with such formalities and, agents having attended to required advance payments to Port Authority and/or to the applicable container terminal where the vessel would be berthed, she would be listed in the schedule of berthing. On arrival in the vicinity of the port, the vessel would be either berthed directly if the scheduled berth is available or instructed to anchor at a designated anchorage outside the harbour, awaiting the berth. It must be pointed out that carriage of dangerous cargo onboard ships is a very common occurrence. Identifying the dangers involved in the process, the entire membership of states of the International Maritime Organisation (IMO), the body of the UN on maritime matters, has agreed to adopt and comply with a set of mandatory requirements named the IMDG Code (International Maritime Dangerous Goods Code) which deals with all the dangerous cargoes carried on ships in packaged form the world over. They are listed by their UN numbers and categorised into nine different classes namely explosives, gases, compressed, liquefied or dissolved under pressure, flammable liquids, flammable solids or substances, oxidizing substances (agents) and organic peroxides, toxic and infectious substances, radioactive substances, corrosives and miscellaneous dangerous substances and articles, and describes the methods of packing, labelling, segregation and emergency procedures in case of fire or spill. No country can handle dangerous cargo in packaged form without adhering to the said IMDG Code. The responsibility of shippers is to ensure that the cargo is correctly packed, labelled, separated and segregated from possible contaminants or reactors as described in the Code. The smaller, individual packages of cargo are then packed into containers, if to be shipped by container ships. If a container is loaded with dangerous cargo, what other cargoes can be carried in the same shipping container is described in the Code and to be strictly complied with. Thereafter, how different shipping containers with dangerous cargoes can be loaded on to a vessel with proper segregation etc. as described in the Code is to be adhered to and pre-planned by the cargo planners of the shipping line or on behalf of the shipping line by a competent party like the terminal operators. What dangerous cargoes can be carried together in the same hold, what must be carried in separate holds or what cannot be carried even in adjacent holds, what has to be carried on deck, or what cargoes cannot be carried unless special safety and pollution prevention arrangements are available on the vessel, etc. are all described in the IMDG Code. The compliance with the provisions of the IMDG Code is to be ensured by the ship’s Master before loading any dangerous cargoes on the ship. Naration of the incident In the case of the X-Press Pearl, with a leaking Nitric Acid container, it seems that the Master of the ship has acted prudently in reaching out for shore assistance from the subsequent ports of call when there was still no fire on board. Then, the following events unfolded in Colombo. On arrival Colombo on 19 May midnight or in the early hours of 20 May, the vessel had been asked to drop anchor North West of Colombo harbour as her scheduled berth at the Colombo International Container Terminal (CICT) was not available until the late evening of 20 May. During that stay at anchor, on 20 May morning, the local agent of the vessel supposed to have informed the Port Control of Colombo by email that there is a leaky Nitric Acid container onboard which needed reworking on berthing. About the same time the Master of the vessel also supposed to have informed the Port Control by VHF about the leaky container on deck which was then emanating some fumes which need to be removed on berthing. Subsequently, the Master had also reported a fire on board which the ship’s crew managed to have contained by using the ship’s fixed firefighting system containing Carbon Dioxide. On 20 May afternoon, SLPA and Navy, in consultation with other relevant agencies had sent a team to inspect the situation on board the vessel in order to decide the next course of action. After inspecting, they might have reported their findings to the relevant officials which do not seem to have warranted urgent action. By late evening on the same day, the ship had again reported a fire onboard and requested assistance upon which the Ports Authority and SL Navy dispatched the fire-fighting tug and some other vessels which apparently managed to contain the fire in about two hours. However, they continued with the boundary-cooling. The material used to fight the fire and for boundary-cooling had been seawater. The wind had been very strong and the sea very rough by this time. In the prevalent weather, because the effectiveness of the firefighting tug was insufficient, SLPA deployed two more tugs to assist with the boundary-cooling. Unfortunately, by 21 May, the fire had reignited and started to spread rapidly, probably due to the very strong winds. On 22 May evening, a specialized tug operated by the salvage company that was appointed by the vessel owner also arrived on the scene and engaged in firefighting. On the 24 May, extremely strong winds that prevailed by then had rendered the fight against the fire an impossible task. On the 25 May morning, explosions of some containers had taken place and the ship’s crew and some members of the salvage party who were onboard at that time had to be evacuated. In the next few days, the fire engulfed the entire ship, destroying practically all containers on deck and the accommodation too. The heat emanated by the fire and the explosions that happened on board may have impacted the structural integrity of the vessel. From the entire account of events in chronological order, there are numerous unanswered questions. Before we look at them, let us see another incident that took place in April 2017. Msc daniela ‘MSC Daniela’ was a larger container vessel of 366 m length, 51 m width, 162,867 tonne capacity, with an ability to load 14,000 twenty- foot equivalent units (TEUs) of containers operated by the Mediterranean Shipping Company. She was on her way from the Far East to Europe. She had a container fire onboard whilst she was 120 nautical miles away from Colombo. Upon receiving a distress message from the vessel by Sri Lanka’s Maritime Rescue Coordinating Centre (MRCC) operated by the Sri Lanka Navy, assistance was provided by the Sri Lanka Ports Authority, Sri Lanka Navy, the Indian Coast Guard, along with a private tug operator arranged by the vessel’s Sri Lankan agent. The Marine Environment Protection Authority (MEPA) was also involved in the operation. The fire fighting continued for 10 days in the open seas and the vessel was brought to Colombo whilst the fire was still not doused completely. Fire-fighting continued even at the berth as some of the damaged containers were removed. Finally, the fire was doused successfully, all containers including the ones that were damaged by the fire were unloaded, and the vessel sent to China for repairs. In this incident, Sri Lanka’s professionalism and skilful handling as a regional hub port operator was praised by the shipping and the maritime community the world over. X-Press Pearl The X-Press Pearl on the other hand, arrived in Colombo on a scheduled port call, with no fire reported but only with a leaky Nitric Acid container on deck that was emanating brown or yellow fumes, but ended up in a major disaster, finally. Following are some questions that are being asked about this incident: 1. Why didn’t the ship owning company take immediate steps to arrange to discharge the leaking container even by sailing back to the load port or at next two subsequent ports? 2. Did the Master evaluate the situation even to refuse sailing without discharging the leaking container considering it a serious enough situation that would impact the safety of crew and the vessel? 3. Did the Local agent in Colombo request the Port of Colombo for urgent berthing on arrival to arrange the discharging of the leaking container? 4. Was there a chance for the Ports Authority to berth the vessel on arrival Colombo on priority basis and discharge the leaking container at any other berth other than the scheduled berth? 5. Did inspection team led by SLPA evaluate the position on board upon their boarding the vessel at anchorage to determine the urgently needed action, especially with the CO2 system being completely exhausted by then? 6. Does Sri Lanka have a system and mechanism in place to quickly assess the risks involved in maritime emergencies on ships that call our ports or coastal waters? 7. Does Sri Lanka have ready at hand an emergency plan, expertise and resources for an emergency of this scale? 8. Does Sri Lanka have in place necessary laws and regulatory structures to execute international Conventions and Resolutions in dealing with Maritime matters under one Responsible Authority and delegating duties to other responsible institutions in case of emergencies? Answers to these questions need a holistic understanding of situations, taking into account the practicalities or limitations, resource availability, and other risks involved in handling such situations. Recommendations However, it is our opinion that the following areas need immediate attention and actions following the lessons learnt from both recent incidents – MT New Diamond and MV X-Press Pearl and the successful handling of MSC Daniela. n The Minister in Charge to initiate and establish a ‘Maritime Emergency Responsible Authority’ under the existing or re-enacted Merchant Shipping Act to deal with Maritime Emergencies. n Revamp the Merchant Shipping act to make the Director General of Merchant Shipping and its Secretariat to be sole correspondent (representative) of the IMO for Maritime Matters on board ships with the jurisdiction of all waters around the country to be the sole responsible authority to execute the internationally agreed conventions and resolutions and to be the local responsible party to intervene. n The Minister to ensure all such international conventions, resolutions agreed are brought to the legislature of the country and relevant regulations are gazetted n Especially become a party to important IMO conventions like the Salvage Convention, Wreck Removal Convention, Bunker Convention and Search and Rescue Convention, Hazards and Noxious Substances Convention as soon as possible and have domestic legislations accordingly n Under the revised Merchant Shipping Act so empowered, define the roles of the other agencies in any applicable Maritime affair and delegate such duties to ; Ports Authority, SL Navy, Marine Environment Protection Authority (MEPA), SL Coastguard, National Aquatic Resource Agency (NARA), Telecommunication Regulatory Commission, Sri Lanka Customs, and Immigration etc. n Identify and document the emergency response roles of other agencies such as the Sri Lanka Air Force, the Air Port Authority, other local authorities, and the relevant private sector organizations, like Colombo Dockyard and Salvage and Towage Companies, Local service vessel operators and other service providers and suppliers etc n Have an effective Emergency Response Plan and conduct frequent drills n Maintain appropriate and sufficient resources, assets, equipment and facilities for emergencies. In that regard, encourage private sector to have suitably trained emergency response and salvage teams and equipment that can be enlisted by the said Authority in an emergency because, maintaining such resources by the Government alone will not be economical. n Have mechanisms for immediate mobilization of those resources and services in an emergency including the reward mechanism to follow naturally. n Have a responsible communication mechanism to coordinate the dissemination of appropriate and accurate information as required. Finally, it is paramount to enhance the reputation of the country as a capable maritime nation which in turn helps the Sri Lanka as a nation. Company of Master Mariners Of Sri Lanka As Member of OPA (Organization of Professional Associations of Sri Lanka) Company of Master Mariners and OPA Explain Maritime Operations, Perils at Sea with X-Press Pearl as a Case Study Sri Lankan Security Personnel remove debris from the X-Press Pearl ship, on a beach at Pamunugama in Negombo, Sri Lanka, on 27 May, 2021. The Sri Lanka Navy on Thursday said it was extinguishing the flames on board the X-Press Pearl ship which caught fire near the Colombo Port on 20 May. Visuals released by local media showed that beaches extending from Colombo to Negombo on the west coast, had been pollut- ed from debris from the burning ship and the Police had warned people not to touch it as it may be harmful (Pic by Gayan Sameera/Xinhua)