BOW WAVE 366

Bow Wave Issue 366--Elephant in Room Edition

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(c)2006 WavyLine.com	Issue No 366 27 Nov 06
Published free of charge to Readers
Editor: Sam Ignarski
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In this issue:

1. Welcome
2. P&I Reports
3. Unintended Consequences of Regulation Chapter 243
4. Igor Ponomarev
5. Fog in Channel and Tunnel Closure may Isolate Continent
6. And Finally...

1. Welcome

Poem of the Week

Apple Season in a Time of War

The children are terrible
in their innocence,
and the frightened parents
can neither scold nor protect them

as the leaves continue to fall
like tiny portents
from the ancestral trees.
Weather is all

that remains unchanged,
with its accidental
almost merciful cruelties,
its winds, its falling temperatures.

But I can hear the children
whose laughter rings
like small but dangerous
hammers on an anvil.

I can hear the buzz of radio voices,
persistent as insects
on all the frequencies
of madness.

by Linda Pastan, from Queen of a Rainy Country

New Readers this week include:-

Naama Lebrecht of Holmans
London-based Brazilian lawyer Francoise Vaillant
Captain Roy Facey of the Port of Aden

News of Readers

Susanna Thornton, who works for Reuters, moved jobs from Hong Kong to London. She decided to cycle to her new posting, a journey of seven months well
documented in her blog:-

http://www.thelongroadhome.org/

Readers Write

From Pierre-Jean Bordahandy, Lecturer at the Law School, University of Adelaide

Just a few lines to let you and your Readers know that I have submitted my thesis two days ago and that I will defend it in an oral and public examination process at the faculty of law at the University of Aix-en-Provence in France on the 20DEC06 in the morning.

Although the thesis is written in English the oral defence will be in French as I have been enrolled in a double degree (University of Aix-en-Provence / University of Queensland).

I am basically arguing that containers can be legally classified as a means of transport and that as a result of this correct conceptualisation, the large majority of issues arising out of the usage of containers can be easily addressed.

I am for instance arguing that on the one hand as long as the container is used in the context of transport operations, there is no problem of application of maritime transport law rules simply because those rules are adapted to the conceptual operation of carriage. On the other hand I am arguing that when containers are used in the context of operation that are conceptually connected to their nature as a means of transport, a different legal regime should apply and notably the regime of voyage chartering.

pierre-jean.bordahandy@adelaide.edu.au

AfterOfficeHours News

The latest edition of the Maritime Advocate online (Issue 280) can be accessed by clicking on the link below.

http://afterofficehours.com/news.php

Readers who would like to subscribe to this highly readable fraternal publication--which is edited by Chris Hewer and published free to Readers--should send an e-mail to:-

contactus@afterofficehours.com

Note from the Editor

Quote of the week from the house of Tyzers:-

"If each club’s largest 20 members all paid the premium required by their records, clubs would return underwriting surpluses and general increases of the magnitude seen in recent years would be consigned to history."

Enjoy!

2. P&I Reports

Tis the season of the analytical reports by the leading broking houses ahead of the 20FEB renewal season. These are usually lengthy affairs prepared with considerable care. So far we have seen the admirable efforts of Nick Riddle at HSBC and Stephen Hawke at Aon. Wonder why the others don't send us a copy of theirs.

The summary of the Aon report says:-

The past year has raised many issues to occupy the minds of members, managers and commentators on P&I:

*future solvency requirements (a topic that Aon PLF has been flagging for some time);
*Athens Convention amendment and the consequences for club coverage for passenger liabilities;
*creeping legislation into all facets of shipping; *the withdrawal of Markel from the fixed premium market while *British Marine continued to thrive with their unique product blend of P&I and hull and machinery;
*potential mergers of Scandinavian clubs, the possible inclusion of China P&I Club and the future of the International Group.

To obtain a copy of these reports contact

Nick.Riddle@HSBC.com

Stephen.Hawke@Aon.co.uk

3. Unintended Consequences of Regulation Chapter 243

Brenda Horne who sends us a regular zine promoting the benefits of the Maputo Corridor reports on a measure which is not exactly helping the cause of development:-

MCLI has taken up the Scanning issue and unprecedented scanning fee on all cargo moving through the port of Maputo, imposed by the Mozambique Government, with the South African Broadcast Corporation with the hope that the greater awareness of the impact thereof will put pressure on decision makers to re-consider the situation for the good of continued regional development and growth -- especially that of the Maputo Development Corridor.

Following a Government of Mozambique tender in 2005 to operate non-intrusive scanning machines in the Ports, Airports and at the Ressano Garcia Border a concession was awarded to Kudumba -- a recently registered company in Mozambique.

Non-intrusive cargo scanners are used worldwide in Ports by Customs authorities to detect goods on which customs duty would otherwise not have been paid and therefore they are welcome in Mozambique. Their principle objective is detection of contraband cargo and the duty recovered pays for the scanner and its operation. In only a very small % of Ports are charges imposed on customers and then only for containers which have been actually scanned.
The secondary use of scanners is for security purposes where various security initiatives following September 11, 2001 suggested that scanners amongst other methods of detection may be used in Ports container operations to detect WMD’s, small arms, narcotics etc.

The normal international Port operators interpretation of this is that a random selection of containers only are scanned generally on pre advice from police or customs authorities.

In the Port of Durban which is a direct competitor of Maputo a scanner is used in the container terminal to scan 10 -- 15% of the container throughput. This service is provided free of charge to customers by SARS -- South African Revenue Service. In Richards Bay the nearest South African competing Port to Maputo no scanners are used because the Port only handles bulk cargo which is not required to be scanned as it is in transit and therefore not dutiable and is not considered to be a security risk.

What is happening in Maputo is that Kudumba with official approval of the Government of Mozambique is imposing what is referred to as a service charge on all cargo passing through the Port of Maputo whether it is scanned or not and whether the customer wants his cargo to be scanned or not. This includes not only all containers but also all other cargo including, bagged cargo and bulk cargo such as coal, ferrochrome,
citrus fruit, sugar and granite (e.g. cereal, sugar, coal, iron ore @ $0.25/ton; granite $0.90/ton; scrap $1.90/ton, etc.) besides Containers for imports; exports $70/TEU; transit $40/TEU; and Empties $20/TEU), vehicles and misc. general cargo @ $1.90/ton.
This is unprecedented anywhere in the world and will impose what can only be described as a tax in excess of $6M P/A on businesses using the Maputo Corridor at current port throughput levels.

Already South African and Swaziland customers are reacting by transferring their business back to Durban and Richards Bay where there are no charges for
scanning imposed.

The longer it takes the Government of Mozambique to suspend or remove these charges the more damage it will do in the South African Business community where credibility in Mozambique is rapidly being lost.

Future investments in the Port by South African and Mozambican industry such as a Car Terminal, Transit Sheds for Rice, Steel, Fertilizers and Sulphur, the extension of the Ferrochrome Terminal, Bulk Liquids Terminal, Citrus Terminal and upgrade of the Coal Terminal amounting to $171 million dollars have all been put on hold pending the removal of scanning charges on transit cargo.

The impact of these unprecedented scanning charges on the future of the Maputo Corridor, on further private investment in Mozambique, and on the economy and employment within both South Africa and Mozambique can only be described as catastrophic...

It is believed that the United States has also
expressed concern that its security initiatives
following September 11, 2001 are being used as an excuse to scan cargo when there is no requirement to do so in either its International Ship and Port Facilities Security Code or the recent Safe Ports initiative.

brenda.horne@mcli.co.za

4. Igor Ponomarev

Aline De Bievre writes:

At 11 am Friday 24NOV06, the International Maritime Organization (IMO) friends and colleagues of Russia’s Igor Ponomarev gathered from around the world around his beloved wife Alena and son Alex to celebrate the short but brilliant life of the St Petersburg-born and educated naval architect and ship surveyor in a heartfelt and dignified ceremony worthy of the man.

Prayers at the packed Greek Orthodox Cathedral of Saint Sophia, aptly located at the crossing point of Moscow Road and St Petersburg Mews in London’s Bayswater area, were led by Bishop Theodoritos of Nazianzos, with the cathedral’s magnificent choir performing the adagio lamentoso from Tchaikovsky’s 6th Symphony (Pathetique).

Emotional tributes to the personal characteristics, knowledge and skills of the charismatic Mr Ponomarev all praised his huge contribution to the safety of global shipping and life at sea. Among the speakers were Ambassador Yury V. Fedotov, Russian Maritime Register director-general Nikolay A.Reshetov and
IMO secretary-general Efthimios E. Mitropoulos.

Mr Ponomarev, who was the Russian Federation’s first ever Permanent Representative to the IMO and due to chair his second meeting of the organisation’s leading maritime safety committee in Istanbul next week, died unexpectedly on 30th October. He was only 41. On 4th November, he was laid to rest, in full uniform, in the old cemetery of the Nicholas Naval Cathedral (Nikolsky Morskoi Sobor), the splendid Russian baroque "sailors’ church" of "the most beautiful city in the world" - as he liked to call St Petersburg.

His former office at the Russian Maritime Register’s headquarters, which occupies a beautifully restored 18th century palace on the banks of the Neva River overlooking the Peter Paul Fortress, has been converted to a museum dedicated to the history of the
classification society. Mr Reshetov expressed the fervent hope that the special place devoted to his personality and extraordinary career would inspire Russian youngsters for generations to come.

5. Fog in Channel and Tunnel Closure may Isolate Continent

One of the best zines from the world of airlines is the ABTN--Airline and Business Travel News which carries the story below this week. Your editor recalls St Pancras as the elegant faded ghost of railways past, the mainly deserted terminus of a termly return trip to Bedford and boarding school during the 1970s. Things change.

Here is the story:-

Competition on the lucrative market between London, Paris and Brussels will be further increased from next November. Eurostar will introduce their new dedicated service between the cities with the opening of the high speed link under the Thames, through Stratford and into a rejuvenated St Pancras International. The last Waterloo service will be on Tuesday 13 November. The following morning the first inbound from Paris is expected to arrive at St Pancras just before 0800.

Presently Eurostar trains into London have to share the track with the busy commuter operations into the station across the Thames from Westminster. Fastest travel times between the centres of London and Paris will come down to just 2 hours 15 minutes; London - Brussels to 1 hour 51 minutes; and London - Lille will be only 1 hour 20 minutes. Currently the trains are achieving a 91% on-time arrival rate, even better than the famed French TGV. Each Eurostar train can carry 762 passengers,
the equivalent of two Jumbos.

Originally built in 1868 by eminent railway engineer, Sir William Barlow, St Pancras International is being painstakingly restored with the intention of becoming the finest station in Europe. It will set new standards in terms of customer service and establish a new model for what a railway station should be says London & Continental Railways ltd (LCR), its developers.

Project director is Mike Luddy , a well known figure in the aviation industry having held senior positions at Gatwick, Bristol and Newcastle airports: "The restoration of St Pancras is a truly historic project. We are redefining how a station operates. A unique retail mix with new levels of customer service will combine in this most magnificent of settings. St Pancras International will be the place to meet in London."

http://www.abtn.co.uk/Personalise

6. And Finally...

A bumper collection of whadayaknows this week from Paul Dixon's Joke of the Day, as well as some pointers on the way women speak. Paul has a beard.

It is impossible to lick your elbow.

A crocodile can't stick it's tongue out.

A shrimp's heart is in their head.

People say "Bless you" when you sneeze because when you sneeze, your heart stops for a millisecond.

If you sneeze too hard, you can fracture a rib.

If you try to suppress a sneeze, you can rupture a blood vessel in your head or neck and die.

If you keep your eyes open by force, they can pop out.

In a study of 200,000 ostriches over a period of 80 years, no one reported a single case where an ostrich buried its head in the sand (or attempted to do so apart from Bones).

It is physically impossible for pigs to look up into the sky.

A pregnant goldfish is called a twit.

Between 1937 and 1945 Heinz produced a version of Alphabetic Spaghetti especially for the German market that consisted solely of little pasta swastikas.

More than 50% of the people in the world have never made or received a telephone call.

Rats and horses can't vomit.

Rats multiply so quickly that in 18 months, two rats could have over a million descendants.

The "sixth sick sheik's sixth sheep's sick" is said to be the toughest tongue twister in the English language.

Wearing headphones for just an hour will increase the bacteria in your ear by 700 times.

The cigarette lighter was invented before the match.

Thirty-five percent of the people who use personal ads for dating are already married.

A duck's quack doesn't echo, and no one knows why.

23% of all photocopier faults worldwide are caused by people sitting on them and photocopying their buttocks.

In the course of an average lifetime you will, while sleeping, eat 70 assorted insects and 10 spiders.

Most lipstick contains fish scales.

Cat's urine glows under a black-light.

Like fingerprints, everyone's tongue print is different.

Over 75% of people who read this will try to lick their elbow!

P.S.

The Essential Guide to Women's English:

Yes = No

No = Yes

Maybe = No

I'm sorry = You'll be sorry

We need = I want

It's your decision = My correct decision should be obvious by now

Do what you want = You'll pay for this later

We need to talk = I need to complain

Sure go ahead = I don't want you to

I'm not upset = Of course I'm upset, you moron

You're so manly = You need a shave and you sweat a lot

Be romantic, turn out the lights = I have flabby thighs

This kitchen is so inconvenient = I want a new house

I want new curtains = carpeting, furniture, and wallpaper

I heard a noise = I noticed you were almost asleep

Do you love me? = I'm going to ask for something expensive

How much do you love me? = I did something today you're going to hate

I'll be ready in a minute = Kick off your shoes and find a good game on TV

You have to learn to communicate = Just agree with me

Are you listening to me!? = [Too late, you're dead]

JokeoftheDay-owner@yahoogroups.com

BOW WAVE is published each week to over 13 700 Readers in the transport,insurance,shipping and finance industries.

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