• Memorandum of Understanding signed

On the 8th of September 2000, seven European nations signed a Memorandum of Understanding acknowledging each others national rules for traditional ships  

by Mr. Ole Vistrup 

On September 8th 2000 representatives of the maritime administrations of Finland, Sweden, Denmark Germany, the Netherlands, the United Kingdom, Ireland, and Spain - as well as a representative of the IMO - gathered in Wilhelmshaven, Germany, for a conference on the safety of traditional ships.

The intended goal of the conference was to sign a Memorandum of Understanding (MoU) which will overcome the problems of port state control, when traditional ships of the signing countries call at each others ports.

Except for Ireland the MoU was signed by all the countries represented at the conference.

Earlier during the work towards the final wording of the MoU representatives from France and Belgium has participated. However these countries were not yet ready to sign the MoU.

Furthermore interest to the MoU has been shown by Russia and Poland.

The MoU is to be administrated by a committee consisting of representatives of the signatory countries and of the EMH. The Netherlands will chair the first meeting of this committee. 

It is the hope of the signatory countries that also other European countries will sign the MoU at a later stage. First of all of course France, Belgium, Russia and Poland, which already has shown interest or been involved in the work, but also other countries are most welcome to sign.

With reference to this Mr. José Luis López-Sors Gonzalés, Director General of the Maritime Administration of Spain, will make contacts to Portugal and Italy in order make an efford to include them in the MoU.

• That’s what they said...

Statements concerning the MoU  

Summary by Mr. Michael vom Baur 

Germany (Dr. Dietrich Steinicke)

In Germany more “Public-Private-Partnership” (PPP) is one of the objectives of the government’s policy. Here this is manifested through the fact, that the government has passed the responsibility for the new safety certificates for traditional ships and the qualification of their crew to the national association for traditional ships GSHW e.V., under supervision of the maritime safety authority.

The MoU is also a perfect example for “PPP”; the European organisation for traditional ships in operation - the EMH - is an important cooperation partner of the signatory nations’ governments.

The philosophy of the MoU is a modern one, reaching compatibility with ISM- and STCW-standards.

The MoU is an “open club” and a model for further international treatment of the subject outside Europe. Even the critical U.S. Coast Guard has just accepted two German sailing ships carrying the first of the new German safety certificates issued by GSHW/maritme safety administration, being informed about the MoU-process. 

The EMH (Capt. Jan Fock)

After having started the work by occasion of the 3^rd congress at Helsingør in August 1998 the Safety Council headed for a mutual acceptance of national safety regulations for traditional ships in Europe connected to a common safety management system for the ship operation and a common standard for the qualification of crews to overcome the wide spread suspicion, traditional ship operation might be a kind of “sub standard” in shipping. While elaborating a standard for this operation close contacts to the shipping department within the Federal Ministry of Traffic, Building and Housing in Germany offered the opportunity to find an official platform by the support of this shipping administration and the official proposal, to find a common understanding of European nations within a Memorandum of Understanding. To make seven European shipping administrations sign such a paper is the merit of Dr. Dietrich Steinicke, responsible for ship safety within the German Ministry. Convincing his colleagues and reacting flexible to their proposals he forwarded and promoted this idea of close cooperation between European shipping administrations by selfcommitment under such a Memorandum, outside of an official agreement and not connected with a difficult legal process. It had been his idea to find a possibility to sign this memorandum by occasion of the world exposition at the sea in Wilhelmshaven during the week, this city would present traditional shipping by an veteran ship festival under the slogan “Sail and Steam” linked to the Expo’s motto “Man in Nature and Technology”. 

Developing the safety management system and the requirements for the qualification of crews after the international ISM and STCW Code adapted to traditional ship operation, the Safety Council accompanied Dr. Steinicke in the progress, which made the EMH standards part of the Memorandum, officially agreed upon as minimum standards. Within EMH we called it the “Wilhelmshaven Process” and we are glad and a bit proud that it could be finished successfully. We commemorate this process under an official EMH statement. 

Netherlands (Mr. H.G.H. ten Hoopen)

The Netherlands have a lot of traditional ships, more than 60 larger seagoing sailing ships, in total, incl. Inland waterway vessels more than 3.500.

The Dutch government has always closely cooperated with the various organisations for preservation and operating, e.g. the BBZ. There are specific institutions for traditional ships in Holland, such as the Register Holland and the Nautical College in Enkhuizen. 

The Dutch government appreciates the support of the EU-Commission, DG 7, for the MoU, which became evident from the recent letter of Mr. De Dieu to Dr. Steinicke

The Netherlands are willing to organize the 1^st session of the “MoU-Committee” in the beginning of 2001 in Rotterdam. 

IMO (Capt. T. Fossum)

If the ISM-code is implemented, a ship is safe!, no matter what type or class. 

United Kingdom (Mr. David Wright)

A spontaneous statement: The British Maritime Administration decided finally after difficult discussions to rank the chances of the MoU higher than our own objections against such an MoU (it would have been easier to say: no!). We hope that the process now may be successful. 

Denmark (Mr. Jørgen Hammer Hansen)

Denmark has made an effort to preserve the traditional ships for the benefit of future generations. The effort has two goals: 1) enabling the traditional ships to earn an income for their upkeeping, and 2) ensuring the safety of the ships. 

The Danish Government has established a Ship Preservation Trust. The trust provides loans that are free from interest and need not be returned as long as the ship remains under Danish flag and is well maintained. The trust also provides information and consultants to the owners. 

The Ship Preservation Trust has changed the atmosphere around the traditional ships for the better, but the fund alone will not save the ships. They must be able to sail with something that pays. A niche, in which the traditional ship has proven very successful, is rehabilitation of young people with social difficulties. The simple life on board a sailing ship, the team experience and realising that if you do not tie a knot properly, it will untie, has a positive effect on young people.  

In 1995, Denmark introduced new safety regulations for traditional ships that deserve to be preserved for historical reasons. The purpose of the regulations was to ensure the safety of such ships. The regulations apply to ships declared to have a historical value by an expert on these matters. The Ship Preservation Fund offers advise on which ships should come under the regulations. 

A ship of traditional construction and use is not comparable with today's cargo and passenger ships and it cannot be required to meet the safety regulations for such ships. It is necessary to apply other safety measures, bearing in mind the relative simplicity of the ship. What the ship lacks in modern technology, is compensated for by operational measures. 

The “passengers” of old sailing vessels are not traditional “passengers” but more like cadets on board a sail training ship. They are given detailed instructions and take part in the maneuvering of the ship. They can even help the crew in an emergency.

The Danish Maritime Authority has formulated the regulations in close cooperation with owners and users of the traditional ships. A panel of experts from the Maritime Authority, from organisations representing owners, museums and users of traditional ships was formed.

It is important that the appearance of the ship is not changed. We have not preserved an old schooner, if she is converted to a hybrid modern passenger ship. The ships should look as close to what she looked like when serving her original purpose.

The regulations have been in force since 1996. Since then, we have worked on a new technical regulation that will encompass not only ships worthy of being preserved, but also other traditional ships. It is based on the regulation from 1996 and is expected to enter into force this autumn. The new regulations will implement the Memorandum of Understanding we have just signed. It is available in English on the Commission’s homepage. 

Finland (Mr. Jukka Häkämies)

Presently Finland has no national rules for traditional ships, but the government is working on them. The MoU has been a good base for the own Finnish ideas. 

Sweden (Mr. J. Franson)

The government hopes that the term “Traditional Ship” will not be used “inflationary”, e.g. for small passenger ships in Sweden. There should be a development of a definition of “what is a traditional Ship”. 

Spain (Mr. José Luis López-Sors Gonzalés)

At present Spain neither has rules for the safety of traditional ships nor a fleet of them, but is extremely interested to support the MoU, because this will come.

Spain highlights the educational point of view, which is imminent in operation historical ships today

Every year the Spanish islands receive lots of traditional ships; from now on the way to treat them in respect of safety has become easier

• MoU 

Memorandum of Understanding on the mutual recognition of certificates for the safe operation of traditional ships in European waters and of certificates of competency for crews on traditional ships  

The Maritime Authorities of

Denmark

Finland

Germany

the Netherlands

Spain

Sweden

the United Kingdom

hereinafter referred to as "the Authorities" –

            (1) noting that during the past few decades an increasing public interest in keeping historically valuable ships alive has led to a range of activities in the field of maritime heritage aiming at the preservation of such ships in active use, usually for private, social or cultural purposes but also as a commercial venture;

(2) noting further that the variety of types of vessels developed under different influences of geography, culture and economy ranges from primarily sailing vessels with an auxiliary engine to power-driven vessels, many of them with steam propulsion, former fishing boats and cargo vessels as well as coastal passenger traditional ships, tugs, icebreakers, light vessels and others. Many of them are preserved, having been well maintained in public service. Figures available indicate that around 5,000 sea-going ships of historical interest and regional character have survived until now in Europe. An overwhelming majority of them have proved to be safe and seaworthy when properly maintained, equipped and operated by experienced crews;  

(3) noting also that, in several countries in Northern and Western Europe, Governments have adopted standards for traditional ships with different approaches concerning the standards applicable to the construction and equipment as well as the safe operation and the certification of crews for such ships, which causes problems during port state control;  

(4) noting with appreciation the progress achieved in this field by the Common European Maritime Heritage Congress (CEMHC);  

(5) recognizing that the preservation of historically valuable ships in their tradi­tional condition and their operation as a common living maritime heritage is of public interest;  

(6) stating that a possible lack of modern technology on traditional ships should be compensated for by operational measures to provide an equivalent level of safety without destroying the historical character of the ships;  

(7) recognizing the need to have special minimum standards different from regulations governing commercial ships, which will enable the traditional ships to comply with a level of safety that is equivalent to the safety level of modern ships subject to generally accepted international conventions, regulations, procedures and practices as well as to national law and, as far as traditional ships flying a flag of a Member State of the European Union are concerned, to binding provisions based on the EC Treaty such as Directive 98/18/EC;  

(8) recognizing also that where IMO Conventions are applicable to all ships, for instance with respect to environmental issues, traditional ships have to comply with these regulations and therefore the subject will not be dealt with in this Memo­randum;  

(9) recognizing further, that a traditional ship as such must not be used for transport on a profit base;  

           (10) convinced of the necessity, for these purposes, of mutual recognition of national certificates for the safe operation of traditional ships in European waters and of certificates of competency of crews on such traditional ships on the basis of a minimum standard adopted by the Common European Maritime Heritage Congress (CEMHC) as well as of national safety certificates for traditional ships concerning con­struction, equipment and radio requirements;  

(11) convinced further that minimum safety standards for traditional ships would enhance the safety and the unhindered navigation and strengthen the cooperation and exchange of information among owners of such ships and the Authorities have reached the following understanding:  

Section 1 - Compliance  

1.1       Each Authority is prepared to comply with the guidelines provided for by the present Memorandum.  

1.2       Each Authority confirms that the national certificates listed in Annex I comply as notified by the Authority with the requirements of it’s national legislation for the operation of traditional ships flying the flag of the state of that Authority and meet the guidelines provided for by the present Memorandum and it’s Annex II. The models of the certificates are shown in Annex I.  

Each Authority is willing to recognize

-           national certificates for the safe operation of traditional ships

-           national certificates of competency of crews of traditional ships

-           national safety certificates for traditional ships concerning construction, equipment, and radio requirements under the provision of mutual
accep­tance with the understanding that the requirements serve as a basis for the certification for the safe operation of traditional ships, for traditional ships under the flag of a state whose Authority is a signatory to this Memorandum, when calling at a port or participating in races, parades and festivals in its waters, provided that the certificates for safety, the safe opera­tion and the competency of crews are issued under the guidelines of the present Memorandum and it’s Annex II thereto as guidance to minimum standards subject to the amendment procedure in section 3.3 and to the generally accepted international conventions, regulations, procedures and practices as well as to national law and, as far as traditional ships flying the flag of a Member State of the European Union are concerned, to binding provisions based on the EC Treaty such as Directive 98/18/EC.  

1.3       The Authorities might carry out port state control inspections, which would consist in a visit on board a traditional ship in order to check whether the ship has valid certificates as referred to in section 1.2 above. Furthermore, the Authorities might satisfy themselves that the crew and the overall condition of the traditional ship including the engine room meets the generally accepted minimum standards reproduced in Annex II hereto.  

In the absence of valid certificates, or if there are clear grounds for believing that the condition of a traditional ship or of its equipment or its crew does not substantially meet the requirements of the Annexes hereto, the flag state would be informed.  

In the case of deficiencies which are clearly and immediately hazardous to safety, health or the environment, the Authority would ensure, except as provided for in section 1.4 below, that the hazard is removed before the traditional ship is allowed to proceed to sea. For this purpose, appropriate action would be taken, which might include detention or formal prohibition of a traditional ship to continue operating on grounds of established deficiencies which, individually or together, would render the continued operation hazardous.  

1.4       Where deficiencies which have caused a detention as referred to in section 1.3 above cannot be rectified in the port of inspection, the Authority might allow the traditional ship concerned to proceed to the nearest appropriate repair yard available as chosen by the master and the Authority, provided that the conditions determined by the competent authority of the flag state and agreed by the Authority are complied with. Such conditions would be aimed to ensure that the traditional ship can proceed without risk to the safety and health of the crew or risk to other ships or without being an unreasonable threat of harm to the marine environment.  

1.5       In the case of a detention, the Authority would immediately notify the flag state Administration in writing, which includes the report of inspection.  

Section 2 - Definition  

For the purposes of the present Memorandum of Understanding, “traditional ships” can be all kinds of historical ships and their replicas including those designed to encourage and promote traditional skills and seamanship, that together serve as living cultural monuments, operated according to traditional principles of seamanship and technique, and holding the national certificates listed in Annex I.  

Section 3  

3.1       A committee should be established, which should be composed of a representative of each of the participating Authorities. In addition, this committee should include designated representatives of the Common European Maritime Heritage Congress (CEMHC) as observer.  

3.2       The committee should meet on a regular basis and at such other times as it may decide under the chairmanship of an Authority, which should hand over the chairmanship to another Authority at the next meeting.

3.3       The committee should

1. promote the unhindered navigation of traditional ships and resolve any major problems which might arise from port state control;  

2. develop and review procedures for the exchange of information;  

3. keep under review the present Memorandum, the Annexes thereto and other matters relating to the operation of traditional ships and the effectiveness of the Memorandum, for instance the legal status of persons on board, i.e. passengers, trainees etc;  

4. decide on the application for membership by other interested Maritime Authorities;

5. take full account of the specialist advice available from the EMH representatives in the committee.

Section 4  

4.1       The present Memorandum is without prejudice to rights and obligations under any international convention or agreement.  

4.2       A Maritime Authority of a European coastal state or of a coastal state of the North Atlantic Basin from North America to Europe, which complies with the standards reproduced at the Annexes hereto, might sign to the present Memorandum of Understanding with the consent of all Authorities which are already signatories to this Memorandum.  

4.3            Termination

A signatory might terminate his participation in the present arrangement by announcing this intention to the other signatories 90 days in advance.  

Signed in Wilhelmshaven

on the eighth day of September Two Thousand.  

For the Danish Maritime Authority

Jørgen Hammer Hansen

Director General

For the Finnish Maritime Administration

Jukka Häkämies

Head of Nautical Division

For the German Maritime Administration

Dr. Dietrich Steinicke

Assistant Secretary

Federal Ministry of Transport, Building and Housing

For the Netherlands Maritime Administration

H.G.H. ten Hoopen

Head, Netherlands Shipping Inspectorate

For the Maritime Authority of Spain

José Luis López-Sors Gonzalés

Director General De La Marina Mercante

For the Swedish Maritime Administration

J. Franson

Director Maritime Safety

For the Maritime and Coastguard Agency

United Kingdom

David Wright

Chief Surveyor, Maritime Safety

• The European approach

 to safe operation of traditional ships  

by Capt. Jan Fock 

In Europe as a whole it is estimated that there are more than 5000 vessels of historic interest afloat today, operated either privately or by more formal organisations. The demand for their presence at various races, festivals or other gatherings, has proved that these traditional craft are the focus of vast public interest, and that they are the source of great regional pride and cultural identity.

“Traditional Ships” comprise all kinds of historical ships and their replicas including those designed to encourage and promote traditional skills and seamanship, that together serve as living cultural monuments, operated according to traditional principles of seamanship and technique. By definition these ships were not built with modern commercial safety regulations in mind, and there is no doubt that the implementation of the full force of the SOLAS and IMO regimes could not be achieved without totally destroying their very character. The problem is that they are commercial (albeit generally nonprofit) in the sense that, in order to generate the income to keep them running, they charge people to sail on board. Several European governments have recognised that if these vessels are to be brought within the regulatory fold, then it will be necessary to adapt those regulations to provide for their special nature. These regulations have to cover everything from ship construction to operational procedures, and they are underpinned by the belief that competent organisation can be combined with relatively large crews and traditional seamanship to compensate for those cases where it is neither reasonable nor practical to implement modern technological regulations. Diverging from modern safety standards does not imply accepting less safety, merely the achievement of that safety level by other means. Thus the historic character of a vessel may be maintained by substituting human controls for technological systems by way of training, supervision and other conventional methods to perform safe traditional shipping.  

What traditional ships lack in modern technology must be compensated for by operational measures that ensure their safe operation without destroying their historical character.  

When traditional ships operate outside national waters they should be subject to port state control, and operate in conformity with the spirit of the Europe wide campaign for quality shipping. To this end European Maritime Heritage (EMH), as the European organisation representing traditional ships in operation, has developed the concept of expanding the many national initiatives for the safe operation of traditional ships in European waters into a common ship safety certification operational standard. This takes into consideration practical experience of various operating authorities / owners, national regulations, and the necessity for compliance with the provisions of ISM and STCW. 

Thanks to the initiative taken by the German Ministry of Transport, Building and Housing the governments of several European coastal states together with EMH joined in a process of European coordination and public – private partnership which is now finalised by signing a common Memorandum of Understanding (MOU) on the conclusion of a major conference in Wilhelmshaven on 8^th September 2000. The shipping administrations of Denmark,Finland, Germany, the Netherlands, Spain, Sweden, and the United Kingdom thereby agree to mutual accept the national standards for construction and equipment of traditional ships. Furthermore this MOU adopts the umbrella of a common ship safety operational certification following a minimum standard developed by EMH and comprising the following two main elements:

1.A minimum standard for the competence of crews on traditional ships, in line with the IMO Seafarer’s Training, Certification and Watchkeeping Code - STCW 95, but catering for their special requirements.

2.A Safety Management System adopting the IMO International Safety Management ISM-Code applied to traditional ships.

One important result of the common MOU is that the vessels will then fall under the discipline of port state control. This eliminates many problems presently involved in visiting a port outside the waters of the flag state, whilst ensuring essential monitoring and control by the authorities. To further develop the requirements of the MOU in close public and private cooperation a committee is established including EMH as a partner. By this a public - private partnership is created in ship safety, giving EMH a share in responsibility for safety management and crew qualification. The combination of all these factors is expected to enhance the standard of operation for traditional ships in European waters.  

By signing the MOU the participating countries enter Traditional Shipping as a safety and a cultural commitment to maritime heritage into the European Quality Shipping Initiative, whilst respecting their importance as floating monuments to European history and culture. In this process the German Common Historic Ships Commission GSHW is acting on behalf of EMH. 

The Memorandum of Understanding and the Minimum Standards may be taken from the internet under www.gshw.de  or see safety council.

• "Carmen Flores" reborn as "Santa Eulàlia"

A three-mast schooner named »Carmen Flores« was launched from Torrevieja beach in January 1918. During the ship’s nearly 80 years of service it underwent several transformations and name changes. From 1928 to 1975 she was a sailing ship with an auxiliary engine, and she sailed under the names »Puerto de Palma« and »Cala San Vincenç«. From 1975 - renamed the »Sayremar Uno« - she was used as an auxiliary vessel for underwater work; an activity she continued to perform up until the moment when she was bought at an auction in 1997 by the Barcelona Maritime Museum.

With this purchase the museum decided to set for itself one of the biggest and most difficult challenges in its history: the recovery and restoration of a historic ship following the strictest criteria in terms of preservation of the cultural heritage. This operation - the first of its kind in Spain - was also intended to be a step towards the recovery of Spain’s valuable floating heritage.

After recovering historical and technical information which enabled the museum to a high degree of accuracy to learn what the ship looked like when it was built, restoration and reconstruction work began in 1998. The goal was to preserve as much as possible of the original craft. Some parts - such as the masts, spars and rigging - were replaced. At the same time plans called for restoring the ship to seaworthiness, so that the ship - in addition to being displayed at the Museum - could also sail again.

The »Santa Eulàlia«, as the museum has renamed the ship in honour of the co-patron saint of Barcelona, will be the flagship of the Barcelona Maritime Museum. At he same time it aspires to be the city’s ambassador on the seven seas. She will also be a basic element in all kinds of educational programmes and teaching and publicoriented activities related to the sea.

• EMH in the Mediterranean

by Mr. Anders Berg, President of the EMH 

In the end of May this year the EMH Executive Committee was kindly invited to Museu Maritim Drassanes de Barcelona by its generous and very professional director Sra Elvira Mata i Enrich. Efficiently assisted by Sra Olga Lopez Miguel, Head of the Department of Research, she gave us a most interesting outline of the Barcelonian and Spanish maritime history, guiding us through the exiting exhibition divided into thematic areas under the main title “The Great Adventure”, showing the conquest of the sea.

The jewel in this former Royal Shipyard from the 13^th century is of course The Royal Galley of John of Austria, which took part in the battle of Lepanto in 1571. This ambitious museum however, isn´t satisfied with a dry ship inside this architectural complex in gothic style. In the port, very close, is another beautiful hull waiting for the final rigging details before she will go to sea: the three masted schooner »Carmen Flores« built at Torrevieja, Costa Blanca 1919 for the family Flores. She will serve as a sailing ambassador for the Barcelonian museum under her new name »Santa Eulàlia«.

This former fruit sailor has been totally restored by the museum including new keel, deck, beams and all rigging. The entire hull was astonishingly well preserved and the 8” x 8” frames made of olive tree were hard and strong like new ones.

Museu Maritim de Barcelona is even serving as centre of the Mediterranian Maritime Museum Association due to the fact that Director Sra Elvira Mata i Enrich was elected chairman for this organisation founded in Dubrovnik October 1998. It is therefore with great pleasure and appreciation that the EMH Executive Committee accepts the Barcelonian offer to serve as the EMH Mediterranian Focal Point .

EMH is now ready to make the southern contacts broader and deeper. Following main tasks will serve as a start:

1.Compilation of relevant EMH Mediterranian address list.

2.Compilation of an overview of events concerning maritime heritage.

3.Making an inventory of groups, organisations, institutions, people, individuals, magazines dealing with traditional ships and crafts.

4.Promote EMH membership.

As a concrete evidence of the mutual interest in showing the importance of better contacts between the north and the south, the EMH Executive Committee and the Museo Maritim de Drassanes de Barcelona made the common decision to propose the EMH Working Group to organize the 4^th EMH Congress in Barcelona in the end of June 2001. The date is chosen due to the possibility of combining part of the programme with the meeting of the European Maritime Museums which will take place June 27^th & 28^th and the ICOM meeting starting July 1^st.

The Working Group decision was unanimously taken at the meeting in Wilhelmshaven and the Executive Committee was requested to point the proper dates in collaboration with the Museu Maritim de Barcelona as soon as possible. The first invitation is planned to be sent out the 7^th of October. So, please watch your mail!  

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EMH Newsletter nr 6