2nd Mates Handout ARI F3 Law
2nd Mates Handout ARI F3 Law
2nd Mates Handout ARI F3 Law
2 Mates
HANDOUT
Second Mates - HANDOUT
FUNCTION 3
LAW
Background
Dumping at sea of waste generated on land and loaded on board specialized dumping vessels had
been carried out for several years by industrialized countries before international rules to prevent
marine pollution from this practice entered into force.
The London Convention aims to prevent marine pollution but focuses on CONTROLLING the
dumping at sea of wastes generated on land. The Convention includes a list of substances for
which dumping is prohibited (Annex I) and other lists for which dumping may be authorised by
permit. These are Annex II lists, i.e., substances that need a special permit before they can be
dumped at sea and the Annex III list of substances that require a general permit before they can
be dumped at sea.
The 1972 London Convention (Convention on the Prevention of Marine Pollution by Dumping of
Wastes and Other Matter, LC, formerly referred to as the London Dumping Convention) entered
into force in 1975. The 1996 Protocol to the London Convention has still not entered into force.
When it does it will replace the 1972 Convention. The IMO provides the secretariat for both
agreements.
The purpose of the 1972 London Convention is to control all sources of marine pollution and
prevent pollution of the sea through regulation of dumping into the sea of waste materials.
Annex I – BLACK LIST – This contains list of wastes that are prohibited from dumping at into
the sea (mercury arsenic etc.).
Annex II – GREY LIST – This contains a list of substances that require a SPECIAL PERMIT
from the government for dumping into the sea. This is done after the government body tests the
material in its own government lab to find out if the material will be harmful to the marine
environment or not, if dumped. If the permission is granted, then a Special Permit is given by
giving details of the specific location at sea for dumping and the maximum quantity that can be
dumped.
Annex III – WHITE LIST – This contains a list of substances that are considered harmless to
the marine environment and therefore can be dumped into the sea. A GENERAL PERMIT is
therefore given for this.
The Protocol focuses on PROHIBITING dumping of all wastes (the original convention focus
was on CONTROLLING) into the marine environment.
This means that MAJORITY of items listed under Annex II have been shifted to Annex 1 thus
making the Protocol STRICTER.
What is the relation between the London Convention and the MARPOL Convention?
What is the relation between the London Convention and the Law of the Sea Convention?
The UN Convention on the Law of the Sea, 1982 (UNCLOS) gives a framework for the
determination of rights and obligations of States relating to the oceans. Part XII contains
provisions with regard to protection and preservation of the marine environment.
Implementing the London Convention means also implementation of article 210 of UNCLOS.
Through article 210 States parties to UNCLOS are legally bound to adopt laws and regulations
and take other measures to prevent, reduce and control pollution by dumping, which must be no
less effective than the global rules and standards.
The Torrey Canyon disaster of 1967 revealed certain doubts with regard to the powers of States,
under public international law, in respect of incidents on the high seas. In particular, questions
were raised as to the extent to which a coastal State could take measures to protect its territory
from pollution where a casualty threatened that State with oil pollution, especially if the measures
necessary were likely to affect the interests of foreign ship-owners, cargo owners and even flag
States.
The Convention which resulted affirms the right of a coastal State to take such measures on
the high seas as may be necessary to prevent, mitigate or eliminate danger to its coastline or
related interests from pollution by oil or the threat thereof, following upon a maritime casualty.
The coastal State is, however, empowered to take only such action as is necessary, and after due
consultations with appropriate interests including, in particular, the flag State or States of the ship
or ships involved, the owners of the ships or cargoes in question and, where circumstances
permit, independent experts appointed for this purpose.
A coastal State which takes measures beyond those permitted under the Convention is liable to
pay compensation for any damage caused by such measures. Provision is made for the settlement
of disputes arising in connection with the application of the Convention.
The Convention applies to all seagoing vessels except warships or other vessels owned or
operated by a State and used on Government non-commercial service.
The Protocol of 1973
Adoption: 2 November 1973
Entry into force: 30 March 1983
The 1969 Intervention Convention applied to casualties involving pollution by oil. In view of the
increasing quantity of other substances, mainly chemical, carried by ships, some of which would,
if released, could cause serious hazard to the marine environment, the 1969 Brussels Conference
recognized the need to extend the Convention to cover substances other than oil.
The Conference adopted the Protocol relating to Intervention on the High Seas in Cases of Marine
Pollution by Substances other than Oil.
The Civil Liability Convention (CLC) IS THE first Tier of oil pollution compensation
mechanism. CLC only deals with how much will an oil tanker owner pay, if his tanker is
involved in a pollution incident. An oil pollution incident means when the oil has actually
come out into the marine environment. This means, for example, if in a collision oil has
come out only from one of the tankers, then the oil tanker owner from whose tanker the
oil has come into the marine environment, will have to pay. Also, CLC is a compensation
mechanism only and not a punishment or a fine. This means that after an oil pollution
incident, the oil tanker will only pay if there is a claim. If however, there is no claim, then
the oil tanker owner does not pay. CLC is applicable to persistent oils only [oils, which
have characteristics of persisting (floating) on the surface of water – meaning different
grades of crude oil when carried as cargo, as well as bunker pollution from oil tankers
only).
CLC requires the following:
(i) Strict Liability – this means that when there is a claim, then the tanker owner
has to pay without even waiting to find out who was at fault that resulted in
the pollution incident. The oil tanker owner can later claim from the party at
fault, but he has to pay now to settle the claims. Only in the following three
cases the oil tanker will not have to pay anything:
Act of God.
Act of war or sabotage.
When the relevant Government authorities have not acted responsibly
in maintaining the navigational aids / depths of water within their area
and this leads to a pollution incident.
(ii) Compulsory Insurance Cover – the oil tanker owner is required to maintain a
compulsory insurance cover to cover his part of payment in an oil pollution
incident. He gets this insurance cover from his P & I Club (liability
insurance). After getting the required insurance cover, the oil tanker owner
approaches the Flag State, who issues the oil tanker a CLC Certificate, which
is always kept on board. The meaning of CLC Certificate on board is that the
money is standing by with the P & I Club and will be paid by them to settle all
claims after any oil pollution incident.
Two years after CLC, it was realised that there needs to be more money in case the oil
pollution incident is so huge that the total claims amount to be greater than what the oil
tanker owner pays under CLC. Member countries at IMO decided to involve the oil
importers by asking them to make an annual contribution to a FUND so that additional
money is always standing by and to be given to people who make a claim after an oil
pollution incident. Therefore, the Fund Convention was created and this is known as the
SECOND Tier of the oil pollution compensation mechanism. Fund Convention requires
only the oil importers who import 150,000 MT or more of oil per annum to make an
annual contribution to a Fund known as International Oil Pollution Compensation Fund
(IOPC Fund with headquarters in London). Therefore, any person / organisation who
has imported 150,000 MT of oil in the previous year is called a ‘contributor’ and
therefore the ENTIRE amount of oil imported by him is used to calculate his
contribution and this is known as the contributing oil (for example, if a person has
imported 175,000 MT of oil in the previous year then he qualifies as a contributor and
the entire amount of 175,000 MT will be used to calculate his contribution to the IOPC
Fund. His ‘contributing oil’ will be 175,000 MT. Please do not make the mistake by
thinking that only 25000 MT will be used for calculation. 150,000 MT figure is used
only to decide whether a person is a contributor or not). Also, the maximum amount
available for EVERY INCIDENT PER YEAR is 203 million SDR and this includes the
payment by the oil tanker owner under the CLC (CLC + FUND = 203 million SDR).
In 2000, the Fund Convention was amended to include a Supplementary Fund but it was
kept OPTIONAL for countries to follow it and this forms the THIRD Tier of the oil
pollution compensation mechanism [for example, INDIA is party to CLC and Fund
(first and second tier) but NOT a part to the Supplementary Fund (the third tier)].
Therefore, if we include the Supplementary Fund also, the TOTAL amount available for
EVERY INCIDENT PER YEAR IS 750 million SDR [CLC + FUND + Supplementary
Fund = 750 million SDR (one would appreciate that this will ONLY be applicable in the
few countries who are party to the Supplementary Fund also)].
Annex I (in force since 2 October 1983) deals with structural requirements and imposes
strict limitations on oil discharges. To ensure compliance with the discharge
requirements, special technical equipment has to be installed on ships. Besides, all
important shipboard operations, especially operations concerning the treatment and
disposal of separator residues and oily bilge water, have to be entered in an Oil Record
Book.
Annex II (in force since 6 April 1987) deals with bulk transports of noxious liquid
substances, which include cargo residues of chemical tankers. Under the provisions of
this Annex, discharges of such substances are prohibited in principle. Exemptions are
possible depending on the classification of noxious substances in either category X, Y, or
Z. All operations on board ships that involve noxious substances have to be entered in a
Cargo Record Book.
Annex III (in force since 1 July 1992) requires that, in order to prevent pollution of the
marine environment, harmful substances in packaged form have to be transported in
compliance with the provisions of this Annex, which applies, for example, to dangerous
goods transported in containers.
Annex IV: Prevention of Pollution by Sewage from Ship
Annex IV (in force since 27 September 2003) deals with the prevention or reduction of
marine environmental pollution by ships’ sewage. Under the provisions of this Annex,
discharges of ships' sewage are prohibited. Vessels can be exempted if they are equipped
with a sewage treatment plant or if sewage from a holding tank is discharged at a distance
of more than 12 nautical miles from the nearest land. The second ordinance amending
environmental regulations in shipping dated 9 April 2008 (Federal Law Gazette I, p. 698)
made the discharge regulations in Annex VI to MARPOL 73/78 also mandatory for
German pleasure craft operating in the Baltic Sea area.
Annex V entered into force on 31 December 1988. Different discharge regulations apply
to the different types of ships' garbage. A Garbage Record Book has to be kept in which
the treatment and disposal of garbage generated on board the ship has to be fully
documented.
Annex VI entered into force on 19 May 2005. It limits, inter alia, nitrous oxides, sulphur
oxides, VOC and PM.
What is SOPEP?
When oil spill occurs at sea, it spreads over the surface of the sea water, leaving a deadly impact
on marine mammals, birds, the shore line and most importantly the ocean and the environment.
The cost to clean up an oil spill depends on the quantity and quality of oil discharged in the sea
and is calculated on the basis of factors such as legal claims, money paid as penalties, loss of oil,
repairs and clean-ups, and the most important – loss of marine life and the effects on human
health which cannot be measured against any amount.
As prevention is better than cure, in order to avoid the above mentioned monitory losses and
primarily to avoid marine pollution and losses of marine species, a prevention plan is carried on
board by almost all cruise and cargo vessel. This plan is known as SOPEP or ship oil pollution
emergency plan.
The Ship Oil Pollution Emergency Plan, or SOPEP, is a prevention plan carried on board of
almost all cruise and cargo vessels. In this plan you get an overview of possible procedures in
case of an oil spill. In the plan is also mentioned who you should contact (list of authorities, oil
clean up teams and port state control) and how to report this event to the nearest coast guard
station.
Understanding SOPEP
As mentioned earlier, SOPEP stands for Ship oil pollution emergency plan and as per the
MARPOL 73/78 requirement under Annex I, all ships with 400 GT and above must carry an oil
prevention plan as per the norms and guidelines laid down by International Maritime
Organization under MEPC (Marine Environmental Protection Committee) Act.
The Gross tonnage requirement for oil tanker, according to SOPEP, reduces to 150 GT as oil
itself is a kind of cargo which doubles the risk of oil pollution.
Master of the ship is the overall in charge of the SOPEP of the ship, along with the chief officer
as subordinate in charge for implementation of SOPEP on board. SOPEP also describes the plan
for the master, officer and the crew of the ship to tackle various oil spill scenario that can occur
on a ship. For oil tankers, action plan widens regarding the cargo handling and cargo tanks
containing huge quantities of oil.
It shall advise the Master how to react in case of an oil spill to prevent or at least
mitigate negative effects on the environment.
The Plan contains operational aspects for various oil spill scenarios and lists
communication information to be used in case of such incidents.
Legal Background
It is compulsory for all ships of more than 400 Gross Tons (Oil tankers of more
than 150 GT) to carry a SOPEP on board.
The required contents are described in MARPOL Convention Annex I Reg. 26.
The SOPEP forms an integral part of the IOPP certificate. Its existence is verified
in the Supplement to the IOPP Certificate.
In any case the SOPEP has to be approved by the flag state administration of the
flag the ship is presently flying or by a classification society on behalf of this flag.
Scope
The Plan consists generally of 4 Sections with the mandatory contents and its
Appendices with additional information as contact addresses and data plus a set of
certain drawings for easy reference for the Master.
The provided SOPEP sample plan has been prepared as a general guidance how to
write such a plan in accordance with the new IMO Guidelines as amended in
March 2000. It has to be seen as an example how the contents basically could be
written in order to fulfil the requirements
All pre-texted steps and preventive measures have to be seen as an example only.
The individual SOPEP should be prepared in line with the "Table of Content /
Index of Sections" as per sample.
It has to be tailored carefully to the particular ship and company procedures and
policies. Specific instructions should be incorporated according to ship type,
purpose, and company requirements.
Contents of SOPEP
The action plan contains duty of each crew member at the time of spill, including
emergency muster and actions.
SOPEP contains the general information about the ship and the owner of the ship etc.
Steps and procedure to contain the discharge of oil into the sea using SOPEP equipment.
On board Reporting procedure and requirement in case of oil spill is described.
Authorities to contact and reporting requirements in case of oil spill are listed in SOPEP.
Authorities like port state control, oil clean up team etc. are to be notified.
SOPEP includes drawing of various fuel lines, along with other oil lines on board vessel
with positioning of vents, save all trays etc.
General arrangement of ship is also listed in SOPEP, which includes location of all the oil
tanks with capacity, content etc.
The location of the SOPEP locker and contents of the locker with a list of inventory.
An action plan with instructions for the oil pollution prevention team. This is a list of
duties the crewmembers have to fulfil in case of an oil spill.
An emergency plan.
General information about the ship.
Procedures to discharge the oil into the sea in accordance to MARPOL regulations
Drawings of fuel/oil lines.
Location of SOPEP boxes.
The plan should be written in accordance to the International Maritime Organization regulations.
Additional entries
“Remarks to plan writers” can be found on various pages for guiding users where
the sample text has to be tailored as a minimum.
Ship Interest Contact List (communication data incl. 24hours contact phone no. to
owners / managers, data abt. charterer, insurance, P&I Club, etc.).
Following drawings should be added to the SOPEP for easy reference for the ship's
command in case of an oil spill:
Those drawings form the minimum requirement by MARPOL. Further plans may be
added if found appropriate.
All appendices do not belong to the mandatory part of the plan's contents but have to be
kept updated by the owners as found necessary.
Approval responsibilities
The approval is a flag state obligation as a part of issuing the IOPP Certificate. If
they have authorized the classification societies to issue this certificate, this
authorization generally includes the approval of the SOPEP.
Identify available operating and maintenance procedures (this may be done by reference
to documents available on board).
Identify the location, the intended use, and the capacity of available storage
stations for each category of garbage.
how garbage will be handled between storage stations and disposal
commensurate with the following:
Baseline
All maritime zones of a country are measure from its baseline. Although UNCLOS gives
guidance on how a country should draw its baseline but most of the countries join the points
1. Mandatory requirement for new passenger ships for either on board stability
computers or shore-based support, for the purpose of providing operational
information to the Master for safe return to port after a flooding casualty;
4. Prohibition of the blending of bulk liquid cargoes during the sea voyage and to
prohibit production processes on board ships;
2. United States Caribbean Emission Control Area (ECA) now effective - The
United States Caribbean Sea Emission Control Area (SOX, NOX and PM) came
into effect, under MARPOL Annex VI, on 1 January 2014, bringing in stricter
controls on emissions of sulphur oxide (SOX), nitrogen oxide (NOX) and
particulate matter for ships trading in certain waters adjacent to the coasts of
Puerto Rico and the United States Virgin Islands.
2. The Code for recognised organisations (RO Code) became mandatory under
SOLAS, MARPOL and the Protocol of 1988 relating to the International
Convention on Load Lines, 1966. Flag States may delegate certain responsibilities
for surveying and certification of ships to “recognised organisations” (often
classification societies). The RO Code provides Flag States with standard
mechanisms for the oversight, assessment and authorisation of recognised
organisations and clarifies the responsibilities of such organisations.
3. An amended SOLAS regulation III/19 was adopted in May 2013 in the wake of
the Costa Concordia incident. Certain of the amendments came into force on 1
January 2015:
ii.Enclosed-space entry and rescue drills are now mandated. This will require
crew members with enclosed-space entry or rescue responsibilities to
participate in an enclosed-space entry and rescue drill at least once every
two months.
2016
1 January 2016: Mandatory audit scheme
1. Amendments to MARPOL Annex I, the Code for the Construction and Equipment
of Ships carrying Dangerous Chemicals in Bulk (BCH Code) and the International
Code for the Construction and Equipment of Ships Carrying Dangerous
Chemicals in Bulk (IBC Code), on mandatory carriage requirements for a stability
instrument for oil tankers and chemical tankers.
Amendments to:
1. MARPOL Annex I special requirements for the use or carriage of oils in the
Antarctic area, to prohibit ships from carrying heavy grade oil on board as
ballast;
2. MARPOL Annex III, concerning the appendix on criteria for the identification of
harmful substances in packaged form; and
3. MARPOL Annex VI, concerning regulation 2 (Definitions), regulation 13
(Nitrogen Oxides (NOX) and the Supplement to the International Air Pollution
Prevention Certificate (IAPP Certificate), in order to include reference to gas as
fuel and to gas-fuelled engines.
2017
1 January 2017 – Polar Code
1. The International Code for Ships Operating in Polar Waters (Polar Code) and
related amendments to make it mandatory under both SOLAS and MARPOL
enter into force (The Polar Code will apply to new ships constructed after 1
January 2017. Ships constructed before 1 January 2017 will be required to meet
the relevant requirements of the Polar Code by the first intermediate or renewal
survey, whichever occurs first, after 1 January 2018).
International Code of Safety for Ships using Gases or other Low-flashpoint Fuels (IGF
Code), along with amendments to make the Code mandatory under SOLAS enter into
force.
The IGF Code contains mandatory provisions for the arrangement, installation, control
and monitoring of machinery, equipment and systems using low-flashpoint fuels,
focusing initially on LNG.
The Code addresses all areas that need special consideration for the usage of low-
flashpoint fuels, taking a goal-based approach, with goals and functional requirements
specified for each section forming the basis for the design, construction and operation of
ships using this type of fuel.
Amendments to SOLAS deals with the provisions related to the secondary means of
venting cargo tanks in order to ensure adequate safety against over- and under-pressure in
the event of a cargo tank isolation valve being damaged or inadvertently closed, and
SOLAS regulation II-2/20 relating to performance of ventilation systems.
From 1 January 2017, STCW certificates must be issued, renewed and revalidated in
accordance with the provisions of the 2010 Manila Amendments.
Towards the end of 1980s IMO got very concerned with the number of maritime
accidents that continued to take place. They thus ordered for a study to be conducted to
find the root cause behind the accidents and the study went on for almost five years. The
study analysed almost all the maritime accidents in the past 50 years and concluded that
approximately 80% of all maritime accidents in the past were caused due to the human
error and suggested that IMO should seriously look into the human element of ship
operations rather than develop another technical Convention like SOLAS, MARPOL
Load Line etc. this gave birth to the ISM Code.
The ISM Code was included in the SOLAS Convention as Chapter IX and came into
force in two phases as follows:
It is very important to understand that the ISM Code has been developed for the ship
owner (as shown in the table above by referring to a few basic Conventions’
applicability) thereby holding him 100% responsible, by law, for safe operation of his
ships and prevention of pollution from his ships on a daily basis by creating a genuine
link between the shore management and each of his ships. Also, the ISM Code is very
clear on the definition of a ship owner – any person / company that is responsible for the
day-to-day management of the ship is the ship owner and thus it includes the ship
management company, bareboat charterer etc.
In a nutshell then, the objectives of ISM Code can be summarised by the ship owner
being responsible for the following:
To have in place a Safety and Environment Protection Policy for safe operation of
his ships and prevention of pollution from his ships.
To convert the aforementioned policy into an action plan in the form of a Safety
Management System (SMS) - this will give details of procedures by identifying
all the risks involved.
To have the SMS reviewed continuously on a regular basis and plug any gaps, if
and when found.
To ensure training of all people employed by him for the job that each individual
is responsible for.
(The above title is given in three formats because in the examination it can be asked in
either of them and the answer will be the same as discussed below)
Before proceeding further, we need to understand the basic concept of quality assurance
because the developers of ISM Code used the concept of QUALITY and therefore ISM
Code is a highly documented system.
So, what is quality? Very simply put – you deliver what you promise to deliver. Let’s
look at an example – let’s say I am a white board marker manufacturer and I give a
promise to the clients (the customers) that if you buy this marker it will write perfectly on
a normal white board for a distance of 30 meters. You decide to buy it and test it by
drawing lines on the white board you also decide to measure the lines drawn on the white
board and find that, yes, the marker is continuing to write properly even after it has been
written with for 30 meters. The marker therefore is a quality marker because it has
“DELIVERED” what it had “PROMISED to DELIVER”. This was the case with a
visible product. The same approach of quality is applied in case of providing services. Let
us say a maritime training institute wants to become a QUALITY training provider. It
will have POLICY to become the No. 1 maritime training institute in the country. The
next logical step would be to draw the Action Plan, in the form of procedures contained
in manuals, to convey “The Intent” to deliver “The Promise”. Next, it will have
DOCUMENTED RECORDS as a PROOF of DELIVERY of “The Promise”. And
finally, to upkeep the system so developed and certified a quality organisation, it will
have internal audits and training of its personnel on a regular basis. The certifying
authority will give the institute a Quality Certificate.
There is no doubt about it; the developers of the ISM Code were clearly following a
methodology which had been developing for many years in quality management systems.
It has been suggested that a ship owner who fully implements the ISM Code is probably
more than 80 per cent compliant with ISO Quality Assurance System. However, this
DOES NOT means that a ship owner or ship manager who is an already certified ISO
Quality Assurance System will be ISM Code compliant. Whilst the two types of
management systems may be very similar in some ways, and may indeed support each
other, there is a very important difference, which is not always fully appreciated.
The role and function of the Designated Person is quite new for most companies within
the international shipping industry. The implication and role of the designated person
may, potentially, have a most significant impact and effect upon the legal position of the
ship owner or manager when questions of actual fault are considered.
The clear intention has been to create an identifiable contact point between the senior
levels of the shore management and the ship. However, in the past the marine
superintendent accomplished this role. But, with various changes within the shipping
industry in the past 20 to 30 years, this in some cases had a diminishing role with the
result of creating a void leading to a breakdown of communications indicating the level
of relationship between the shore and the ship. So, what is the role of designated person?
First, it is clearly anticipated that within any company there can be more than one
designated person. The actual role of the designated person seems to be threefold:
1. A conduit between the company ashore and the specific ship on all matters
relevant to the SMS
2. An independent individual with direct access to the highest levels of management
3. An over-seer – verifying and checking that the SMS is functioning adequately
It is not intended that the DP should be directly involved in the implementation of the
SMS – such tasks would rest with those on board the ship in conjunction with the
relevant superintendents or safety manager. It is also significant to note that the DP does
not have to be one of the “highest levels of management”. Indeed there is no specific
requirement for the DP to be a member of the company’s management at all, although it
is suggested that this would usually be the case.
When analysing the role of the DP, it is important to look at the wording in the ISM
Code. The requirement is that the DP must have “direct access” to the highest levels of
management. It does not say that the DP must actually “report” to the highest levels of
management. The idea therefore is to have that direct access to report or to gather support
of the highest levels of management if it is found that certain line managers or
superintendents or masters were failing in their responsibilities and duties to implement
and maintain the SMS. The responsibility and authority of the DP therefore includes:
Monitoring the safety and pollution prevention aspects of the operation of each
ship
Ensuring that needed resources and shore-based support are applied as required
Within the context of these two guidelines the DP also has responsibility:
The Master
Apart from the roles and responsibilities of the Master that we all are aware of, the ISM
Code imposes even more duties and responsibilities on the Master:
One important aspect to understand is that the Master still remains in command and the
requirements of the ISM Code do not override that position. The Master holds one of the
most important roles within the SMS of the ISM Code. Unless the Master can motivate
his officers and crew to actually implement the SMS and allow it to function as it was
intended, then the whole project will be nothing more than a few thousand words on
pieces of paper in procedures manuals – but there will be no SMS.
What a Master is required to do is to have a good contemporaneous documented evidence
of a fully functional SMS that will include details all reports of accidents,
non-conformities and hazardous occurrences, details of safety meetings on board, training
and familiarisation on board and communications with the DPA.
The following items outline the key improvements realized through the new
Amendments:
1. Certificates of Competency & endorsements to be issued only by Administration -
thereby reducing the possibility of fraudulent practices associated with issue of
certificates of competency.
2. Common medical standards for seafarers - seafarers from one country can serve on board
ships of another country without undergoing another medical exam.
3. Revalidation requirements rationalized for the benefit of the seafarer.
4. Introduction of modern training methodology i.e. distance learning and web based
learning.
5. Hours of rest harmonized with the requirements of ILO Maritime Labour Convention
(2006) with a view to reducing fatigue.
6. Requirements introduced to avoid alcohol and substance abuse.
7. New Competencies required to be built and curriculum to be updated in life with modern
developments and real life needs
8. Refresher Training is properly addressed within the convention
A brief outline of key curriculum upgrades is as follows:
Competency standards for Electro Technical Officer (ETO) and an Electro Technical
Rating (ETR) have been added.
Engine Room Resource Management, Teamwork and Leadership training will be
mandatory at both the operational and management levels.
STCW Chapter V
Tankers and Tank Ships:
There will now be three categories of Tanker-man on tank ships.
• Oil
• Chemical
• Liquid Gas
In addition, each Tanker-man category will have two levels
• Basic (currently called assistant)
• Advanced (currently called Person in Charge (PIC)
The major change will be the division of the chemical from the oil and each requiring its
own sea service prerequisites on each type of vessel and specific training for each.
Additionally, there will be a specially designated Tanker Fire Fighting Course, although
some parties may allow Basic Fire Fighting courses to cover this requirement.
Passenger Vessels - There will be a consolidation of rules for passenger vessels.
Offshore Supply Vessels (OSV), Dynamic Positioning (DP) Vessels and Operations Ice
Covered Waters:
There will be a new section with guidance on special licensing or training requirements
for OSVs, Dynamic Positioning (DP) Vessels and vessels operating in water that are
covered in Ice.
The Personal Safety & Social Responsibilities (PSSR) coverage of the following subjects
will be added:
• Communications
• Control of Fatigue
• Teamwork
These additional subjects will make the PSSR module longer in length but it should still
be less than one day in length. However, this will cause an increase in the length of Basic
Safety Training courses from the usual five days to at least 5.5 days.
Refresher Training may take the form of e-learning, shipboard drills and training
or shore based training.
The safety courses will require refresher training every five years and the courses may be
abbreviated somewhat from the original course lengths. The training that will need to be
refreshed by an approved method (in class or shipboard - yet to be determined) is:
• Proficiency in Survival Craft and Rescue Boats
• Advanced Fire-fighting
• Basic Safety Training
• Fast Rescue Boat
• Medical Training
Security Training:
The amendments will include three levels of security training
• Level One - Security Awareness (All crew members)
• Level Two - Person with Security Duties
• Level Three - Ship Security Officer - ISPS Code
Anti-Piracy training will be added to each level as well.
Under the Manila Amendments to the STCW Convention (STCW 2010), all persons who
are assigned duty as officer in charge of a watch or as a rating forming part of a watch
and those whose duties involve designated safety, prevention of pollution and security
duties shall be provided with a rest period of not less than:
The hours of rest may be divided into no more than two periods, one of which shall be at
least 6 hours in length, and the intervals between consecutive periods of rest shall not
exceed 14 hours.
Exceptions from the required hours of rest are permitted provided that the rest period is
not less than 70 hours in any 7 day period and on certain conditions, namely:
1. Such exceptional arrangements shall not be extended for more than two
consecutive weeks;
2. The intervals between two periods of exceptions shall not be less than twice the
duration of the exception;
3. The hours of rest may be divided into no more than three periods, one of which
shall be at least 6 hours and none of the other two periods shall be less than one
hour in length;
4. The intervals between consecutive periods of rest shall not exceed 14 hours; and
5. Exceptions shall not extend beyond two 24-hour periods in any 7-day period.
The carriage of large numbers of un-berthed passengers in special trades such as the
pilgrim trade in a restricted sea area around the Indian Ocean and is of particular interest
to countries in that area. It was regulated by the Shimla Rules of 1931, which became
out-dated following the adoption of the 1948 and 1960 SOLAS Conventions.
Included in an Annex to the Agreement are Special Trade Passenger Ships Rules, 1971,
which provide modifications to the regulations of Chapters II and III of the 1960 SOLAS
Convention.
Following the International Conference on Special Trade Passenger Ships, 1971, IMO, in
cooperation with other Organizations, particularly the World Health Organisation
(WHO), developed technical rules covering the safety aspects of carrying passengers on
board such ships.
The Protocol on Space Requirements for Special Trade Passenger Ships was adopted in
1973. Annexed to this Protocol are technical rules covering the safety aspect of the
carriage of passengers in special trade passenger ships.
The space requirements for special trade passenger ships are complementary to the 1971
Special Trade Passenger Ships Agreement.
PART 1 - GENERAL
Rule 2 DEFINITIONS
(1) Except where expressly provided otherwise, the definitions set out in Rule 2 of the
Special Trade Passenger Ships Rules, 1971, shall apply also with respect to these Rules.
(2) In addition, for the purpose of these Rules:
(a) "1960 Convention" means the International Convention for the Safety of Life at Sea,
1960.
(b) "1966 Convention" means the International Convention on Load Lines, 1966.
(c) "Duration of voyage" means the interval between the time when the ship leaves the
port at which the voyage commences and the time when she arrives at the port where the
voyage terminates.
(d) "Season of fair weather" means in relation to those parts of the Special Trade Area
within the Tropical Zone, as defined in Regulation 48 of the 1966 Convention, a period
extending for the whole year, and in relation to any part of that Area within a Seasonal
Tropical Area as defined in Regulation 49 of that Convention means the period
prescribed in Regulation 49 as the Tropical Seasonal Period relating to that area.
(e) "Season of foul weather" means in relation to any part of the Special Trade Area
within a Seasonal Tropical Area as defined in the above-mentioned Regulation 49 the
period prescribed therein as the Summer Seasonal Period relating to that area.
(/") “Deepest subdivision load-line" is the waterline which corresponds to the greatest
draught permitted by the subdivision requirements which are applicable under the Special
Trade Passenger Ships Rules, 1971.
(g) "Length of the ship" is the length measured between perpendiculars taken at the
extremities of the deepest subdivision load line.
(h) "Upper between deck" means the deck below the weather deck or, in ships with side
openings, the deck below the upper deck.
(0 "Lower between decks" means the deck below the upper between deck.
(/) "Gross volume of a space" is the volume measured between the decks and between
the face of the frames, sparring or linings at the ship's side.
Rule 3 APPLICATION
These Rules shall apply to new and existing special trade passenger ships except that in
relation to existing ships their application may be relaxed as provided in Part III of these
Rules.
Rule 4 EXEMPTION
In exceptional circumstances, for the purpose of making a single voyage, a ship may be
exempted by the Administration from any of the requirements of these Rules, except Part
IV, provided it complies with such of those requirements as are in the opinion of the
Administration adequate for the voyage to be undertaken.
(1) A certificate called a Special Trade Passenger Ship Space Certificate shall be issued
after inspection and survey of a special trade passenger ship which complies with the
applicable requirements of these Rules. The Certificate shall be issued for a period of
not more than twelve months. The form of the Certificate shall be that of the model
given in Appendix II to these Rules.
(2) A Special Trade Passenger Ship Space Certificate shall be issued by the
Administration or by any person or organization duly authorized by it. In every case, the
Administration shall assume full responsibility for the Certificate.
(3) A Government party to the present Protocol may, at the request of the Administration
which is a Government party to the present Protocol, cause a ship to be surveyed and, if
satisfied that the requirements of these Rules are complied with, shall issue a certificate to
the ship in accordance with these Rules. Any certificate so issued must contain a
statement to the effect that it has been issued at the request of the Government of the
country in which the ship is or will be registered, and it shall have the same force and
receive the same recognition as a certificate issued under paragraph (2) of this Rule.
The Certificate issued under these Rules or a certified copy thereof shall be posted up in a
prominent and accessible place in the ship.
A Special Trade Passenger Ship Space Certificate issued under the authority of a
Government party to the present Protocol shall be accepted by other Governments parties
to the present Protocol. They shall be regarded by those Governments as having the same
force as Certificates issued by them.
Rule 8 PRIVILEGES
The privileges of the present Rules may not be claimed in favour of any ship unless it
holds a valid Special Trade Passenger Ship Space Certificate.
The number of special trade passengers carried on any voyage shall not exceed any of the
following:
(1) For any voyage the number permitted under the Special Trade Passenger Ships
Agreement, 1971;
(2) For any voyage of 72 hours or over, the number of bunks provided in accordance with
Rule 13;
(3) For any voyage of less than 72 hours, the aggregate of:
(a) The number of bunks (if any) fitted in compliance with the requirements of Rule
13(2), and
(b) The number of passengers permitted in areas of accommodation spaces not fitted with
bunks calculated in accordance with Rule 11;
(4) For any voyage of 24 hours or over, the number calculated in accordance with Rule
11(4) or 13(3) as appropriate;
(5) For any voyage the number for which airing space is provided in accordance with
Rule 11 or Rule 13, as appropriate.
(1) Subject to the provisions of paragraphs (3) and (4) of this Rule and Rules 9 and 12,
spaces in which bunks are not fitted for special trade passengers shall be measured for the
accommodation of such passengers on the scale laid down in Appendix I to these Rules,
having regard to the location of these spaces, the duration of the voyage and the incidence
of seasons of fair and foul weather.
(2) In addition airing space of not less than 0.37 square metres (4 square feet) for each
passenger on the upper and lower between decks shall be provided on the weather decks.
Such airing spaces shall be marked conspicuously "AIRING SPACE FOR SPECIAL
TRADE PASSENGERS ONLY".
(3) Where the means of egress from a between deck or other enclosed space is through
another passenger space, the former space shall be measured on the scale laid down in
Appendix I to these Rules for lower between deck spaces.
(4) In no case shall the number of special trade passengers permitted to be carried under
this Rule be such that when the duration of voyage is 24 hours or over, the number of
passengers in any space exceeds the gross volume of that space in cubic metres (cubic
feet) divided by 3.06 cubic metres (108 cubic feet).
(1) In calculating, in accordance with Rule 11, the number of passengers which may be
accommodated in any one space not fitted with bunks, the following deductions shall be
made:
(1) In every ship making a voyage the duration of which, in ordinary circumstances, will
extend for 72 hours or more, a bunk shall be provided for every special trade passenger.
(2) In every ship where bunks are provided for the use of special trade passengers, the
following provisions shall apply:
(a) The size of a bunk shall be not less than 1.90 metres (6 feet 3 inches) long and 0.70
metres (2 feet 3 inches) wide;
(b) Every bunk shall give direct access to a passageway and the passageways shall be so
arranged as to give ready access to an escape route;
(c) The width of such passageways shall be not less than 0.70 metres (2 feet 3 inches);
(d) Bunks may be fitted in single or double tiers provided that, in the latter case, the
following requirements are complied with:
(i) The distance between the deck and the base of the lower bunk shall not be less than
0.45 metres (1 foot 6 inches);
(ii) The distance between the base of the lower bunk and the base of the upper bunk shall
not be less than 0.90 metres (3 feet);
(iii) The distance between the base of the upper bunk and the underside of any overhead
obstruction (e.g. deck beams or girders) shall not be less than 0.90 metres (3 feet); and
(iv) Suitable means shall be provided for access to upper bunks;
(e) Bunks shall be fitted with leeboards or lee-rails and, where bunks are fitted side by
side, with suitable means of separation;
(/) bunks and their fittings shall be constructed of metal and shall be of a type approved
by the Administration;
(g) Except where hatch openings are trunked or otherwise similarly protected to the
satisfaction of the Administration, no bunk shall be fitted within 0.90 metres (3 feet) of
such openings;
(h) No bunk shall be fitted within 0.60 metres (2 feet) of the face of the frames, sparring
or linings at the ship's side;
(0 no bunk shall be fitted within 0.75 metres (2 feet 6 inches) of the entrance to any
stairway or ladder-way, wash place, lavatory or battery of latrines or of any water tap or
fire hydrant; and
(/) no bunk shall be fitted in any space or part thereof which in the opinion of the
Administration is unsuitable for the accommodation of special trade passengers.
Any space intended for the accommodation of special trade passengers shall be
conspicuously marked at or near the entrance to that space with the number of passengers
for which that space is certified.
(1) Subject to the other provisions of this Rule, stairways and ladder-ways which provide
egress from any space located below the weather deck and intended for the
accommodation or use of special trade passengers, and which form part of a ready means
of escape from that space, as described in Regulation 68 of Chapter II of the 1960
Convention, shall have an aggregate width of not less than 0.05 metres (2 inches) for
every five passengers appropriate to that space.
(2) Where such spaces are located one above the other, the stairways and ladder-ways
leading upwards from the upper space shall have an aggregate width of not less man 0.05
metres (2 inches) for every five passengers included within the total number appropriate
to the two spaces.
(3) Where such spaces are located on the same deck and have access between them, for
the purpose of calculating the minimum aggregate width of stairways leading upwards
from that deck, such spaces on the same deck shall be considered as one space.
(4) In no case shall the width of any stairway or ladder-way referred to in this Rule be
less than 0.75 metres (2 feet 6 inches); where the width is greater than 1.50 metres (5
feet) the stairway or ladder-way shall be fitted with an intermediate rail or rails to the
satisfaction of the Administration.
(5) Ladder-ways and stairways shall be effectively distributed so as to avoid congestion.
(6) For the purpose of this Rule the number of passengers appropriate to an
accommodation space shall be that permitted by Rule 11 or Rule 13, as the case may be,
and the number appropriate to any other space shall be the number for which that space
has capacity.
Rule 16 LIGHTING
All spaces including alleyways, stairways and ladder-ways provided for the
accommodation or use of special trade passengers shall be provided with arrangements
whereby they can be adequately lighted both by day and by night. Where practicable,
arrangements for natural lighting shall be provided.
Rule 17 VENTILATION
Every ship shall be provided with approved awnings which will protect from the weather:
(a) those portions of exposed decks which are provided for the use of special trade
passengers; and
(b) where the Administration considers necessary, those portions of exposed decks and
housetops which are situated immediately above spaces provided for the accommodation
or use of special trade passengers.
Hatchways when open shall be effectively guarded to a height of not less than 0.90
metres (3 feet) but when open for ventilation purposes only they shall also be suitably
protected by netting.
Spaces including airing spaces allotted for the accommodation or use of special trade
passengers shall be kept free of cargo.
EXISTING SHIPS
In the case of existing ships the Administration may permit any of the following
relaxations from the requirements of Part II of these Rules:
(1) Rules 9(1) (b) and 15 shall apply only as far as is reasonable and practicable in the
opinion of the Administration.
(2) Rule 11 shall apply except that in seasons of fair weather for voyages of 24 hours or
over but not exceeding 48 hours, the per capita area required for the accommodation of
special trade passengers other than on the lower between deck may be reduced to 0.9
square metres (10 square feet) and on the lower between deck may be reduced to 1.12
square metres (12 square feet).
(3) Rule 13 shall apply subject to the following provisions:
(a) In relation to a voyage of a ship, the route of which is declared beforehand to the
Administration, and in the course of which there is considerable embarkation and
disembarkation at intermediate ports, the Administration may relax the requirements of
Rule 23 APPLICATION
The ships to which the present Rules apply shall comply with the International Health
Regulations (1969) having regard to the circumstances and the nature of the voyage
within the meaning of the said Health Regulations.
Introduction
A Conference, convened in Athens in 1974, adopted the Athens Convention relating to the
Carriage of Passengers and their Luggage by Sea, 1974. The Convention is designed to
consolidate and harmonize two earlier Brussels conventions dealing with passengers and luggage
and adopted in 1961 and 1967 respectively.
The Convention establishes a regime of liability for damage suffered by passengers carried on a
seagoing vessel. It declares a carrier liable for damage or loss suffered by a passenger if the
incident causing the damage occurred in the course of the carriage and was due to the fault or
neglect of the carrier.
However, unless the carrier acted with intent to cause such damage, or recklessly and with
knowledge that such damage would probably result, he can limit his liability. For the death of, or
personal injury to, a passenger, this limit of liability is set at 46,666 Special Drawing Rights
(SDR) (about US$61,000) per carriage. The 2002 Protocol, when it enters into force, will
substantially raise those limits.
As far as loss of or damage to luggage is concerned, the carrier's limit of liability varies,
depending on whether the loss or damage occurred in respect of cabin luggage, of a vehicle
and/or luggage carried in or on it, or in respect of other luggage.
The Protocol introduces compulsory insurance to cover passengers on ships and raises the limits
of liability. It also introduces other mechanisms to assist passengers in obtaining compensation,
based on well-accepted principles applied in existing liability and compensation regimes dealing
with environmental pollution. These include replacing the fault-based liability system with a strict
liability system for shipping related incidents, backed by the requirement that the carrier take out
compulsory insurance to cover these potential claims.
The limits contained in the Protocol set a maximum limit, empowering - but not obliging -
national courts to compensate for death, injury or damage up to these limits.
The Protocol also includes an "opt-out" clause, enabling State Parties to retain or introduce higher
limits of liability (or unlimited liability) in the case of carriers who are subject to the jurisdiction
of their courts.
Compulsory insurance
A new Article 4b of the Convention requires carriers to maintain insurance or other financial
security, such as the guarantee of a bank or similar financial institution, to cover the limits for
strict liability under the Convention in respect of the death of and personal injury to passengers.
The limit of the compulsory insurance or other financial security shall not be less than 250,000
Special Drawing Rights (SDR) (about US$325,000) per passenger on each distinct occasion.
Ships are to be issued with a certificate attesting that insurance or other financial security is in
force and a model certificate is attached to the Protocol in an Annex.
The limits of liability have been raised significantly under the Protocol, to reflect present day
conditions and the mechanism for raising limits in the future has been made easier.
The liability of the carrier for the death of or personal injury to a passenger is limited to 250,000
SDR (about US$325,000) per passenger on each distinct occasion.
The carrier is liable, unless the carrier proves that the incident resulted from an act of war,
hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and
irresistible character; or was wholly caused by an act or omission done with the intent to cause the
incident by a third party.
If the loss exceeds the limit, the carrier is further liable - up to a limit of 400,000 SDR (about
US$524,000) per passenger on each distinct occasion - unless the carrier proves that the incident
which caused the loss occurred without the fault or neglect of the carrier.
Loss of or damage to luggage and vehicles - The liability of the carrier for the loss of or damage
to cabin luggage is limited to 2,250 SDR (about US$2,925) per passenger, per carriage.
- Liability of the carrier for the loss of or damage to vehicles including all luggage carried in or on
the vehicle is limited to12, 700 SDR (about US$16,250) per vehicle, per carriage.
- Liability of the carrier for the loss of or damage to other luggage is limited to 3,375 SDR (about
US$4,390) per passenger, per carriage.
The carrier and the passenger may agree that the liability of the carrier shall be subject to a
deductible not exceeding 330 SDR in the case of damage to a vehicle and not exceeding 149
(about US$220) SDR per passenger in the case of loss of or damage to other luggage, such sum to
be deducted from the loss or damage.
Q. What do you understand by Gross Tonnage (GT) and Net Tonnage (NT) and
how are they calculated?
Background
The term derives from the taxation paid on tuns or casks of wine, and was later used in
reference to the weight of a ship's cargo; however, in modern maritime usage, "tonnage"
specifically refers to a calculation of the volume or cargo volume of a ship. Tonnage
should not be confused with Displacement which refers to the loaded or empty weight of
the vessel itself.
Gross tonnage REPLACED gross register tonnage in 1994 under the Tonnage
Measurement convention of 1969, and is no longer used term in the industry.
The value of the multiplier K varies in accordance with a ship's total volume (in cubic
metres) and is applied as a kind of reduction factor in determining the gross tonnage
value - which does not have a unit such as cubic metres or tons. For smaller ships, K is
1
Ship built before that date was given 12 years to migrate from their existing gross register tonnage (GRT)
to use of GT and NT. The phase-in period was provided to allow ships time to adjust economically, since
tonnage is the basis for satisfying manning regulations and safety rules. Tonnage is also the basis for
calculating registration fees and port dues. One of the Convention's goals was to ensure that the new
calculated tonnages "did not differ too greatly" from the traditional gross and net register tonnages.
Once V and K are known, gross tonnage is calculated using the formula, whereby GT is a
function of V:
Net tonnage REPLACED net registered tonnage in 1994, under the Tonnage
Measurement convention of 1969.
The net tonnage calculation is based on a number of factors, one of which is the moulded
draft d. The choice of the value to use for d can be complicated. For ships subject to the
International Convention on Load Lines, the Summer Load Line draft is used, with the
exception of cases where that is a timber load line. For passenger ships, the draft used is
the deepest subdivision load line assigned in accordance with the International
Convention for the Safety of Life at Sea. Otherwise, if a ship has been assigned a load
line by its national government, the draft for that summer load line is used.
12 or fewer passengers
Vc, the total volume of the ship's cargo spaces in cubic meters (m³),
d, the ship's moulded draft amidships in meters, and
D, the ship's moulded depth amidships in metres.
The first step in calculating NT is to find the value known as K2, a multiplier based on Vc.
It is obtained by using the following formula:
Where the factor 4d2/3D will not exceed 1, the term Vc × K2 × 4d2/3D will not be less
than 0.25 GT, and the final value of NT shall not be taken as less than 0.30 GT.
13 or more passengers
Where the factor 4d2 will not exceed 1, the term will not be less than
0.25 GT, and the final value of NT shall not be taken as less than 0.30 GT.
The difference between the cases of 12 of fewer passengers and 13 or more passengers is
due to a restriction given in the net tonnage definition that states "...when N1 + N2 is less
than 13, N1 and N2 shall be taken as zero."
In a very precise explanation, the International Ship and Port Facility Security Code (ISPS Code)
is a set of maritime regulations designed to help detect and deter threats to international maritime
security. The Code applies to all SOLAS vessels over 500 GT engaged in international voyages
and all port facilities serving such ships. It came into force on 1st July 2004.
It is however to be noted that the regulatory provisions do NOT extend to the actual
response to security incidents or to any necessary clear-up activities after such an incident.
Ship and port facility security is a risk management activity. As with all risk management
efforts, the most effective course of action is to eliminate the source of the threat - hence the risk
reduction approach to lessen possibilities to the lowest practicable.
The ISPS Code is governed by SOLAS 74 by way of a new Chapter XI-2 (Special measures to
enhance maritime security).
In order to communicate the threat at a port facility or for a ship and to initiate the appropriate
response actions the Contracting Government must set the appropriate security level. The security
level creates a link between the ship and the port facility.
The ISPS Code is based on three security levels. When there is a heightened risk of a security
incident, the security level is raised. Ships and terminals are then required to take extra protective
security measures. There are therefore three designated levels of security under ISPS as follows:
Security Level 1: The normal situation, with a number of standard protective security
measures.
Security Level 2: There is a heightened risk of a security incident. Additional protective
security measures are maintained.
Security Level 3: A security incident is probable. Further specific protective security
measures are maintained. The government sets security levels. In the case of ocean-going
ships, the level is set by the flag state. In the terminals, this is set by the government of the
country in question
Records of the following activities addressed in the Ship Security Plan will need to be kept on
board:
Interim International Ship Security Certificate - This certificate will only be valid for a
maximum of six months and cannot be extended.
Responsibilities
The Company Security Officer is designated by the ship owner, and is responsible for:
The Ship Security Officer is designated by the ship owner as the person on-board each ship
responsible for:
Undertaking regular security inspections of the ship to ensure that appropriate security
measures are maintained.
Maintaining and supervising the implementation of the Ship Security Plan, in
coordination with the Company Security Officer and the relevant Port Facility Security
Officer.
Co-ordinating the security aspects of the handling of cargo and ship’s stores with other
shipboard personnel and with the relevant Port Facility Security Officer(s).
Reporting to the Company Security Officer any deficiencies and non-conformities
identified during internal audits, periodic reviews, security inspections and verifications
of compliance and implementing any corrective actions.
Enhancing security awareness and vigilance on board.
Ensuring that adequate training has been provided to shipboard personnel.
The International Labour Organisation (ILO) is the oldest specialised agency of UN. It
was part of an organisation called “League of Nations, which was formed after World
War I in 1919. ILO was formed in 1920. But between 1920 and 1945 ILO had done very
good work regarding developing International Labour Standards (ILS) for various
industries around the world that it was considered to retain ILO and scrap “League of
Nations” (because it failed to prevent World War II). Thus, ILO was made part of UN as
it is. ILO has developed 68 maritime labour conventions applicable to seafarers and
shipping.
1. Some of the conventions are very old and dating back to 1922, which have NO
applicability to seafarers of 21str century.
3. Since there was no obligation on the ship owner, to the Flag State, for maintaining
labour standards, they did whatever they liked – some ship owners looking after
their seafarers, but majority of them treating the seafarers like “slaves”.
4. We know that the objective of PSC is to ensure that any foreign ship visiting their
ports is in NO WAY A THREAT to their territory. Whether the ship is
maintaining the required labour standards on board or not, is in no way a threat to
the country’s territory. And also, the PSC considered the labour standards issue to
be an internal matter between the ship owner and his seafarers. With the result
checking of labour standards on board never formed part of any PSC inspection.
The combination of all of above led to the member countries to rectify the situation and
this led to the development of MLC. MLC was adopted in February 2006 and came into
force on 20th August 2013. For the first time in history of shipping it is now required that
before a seafarer joins a ship, he should be made aware of his rights. The MLC thus is
also being referred to as “Bill of Rights for a seafarer”. Also, MLC has given a very
broad definition of the term “seafarer” – it basically says that any person who is on a
gainful employment on a ship (gainful employment – you work and in return you are paid
wages) is a seafarer. It therefore applies to everyone from the Master to the hotel staff on
cruise ships. Also, for the purpose of MLC, New Ship means any ship whose keel is laid
after the entry into force of the convention (i. e. after 20th August 2013).
The Codes are divided into FIVE chapters known as Titles as follows:
Recreation – for the first time the owner has a legal responsibility to provide recreation
on board, access to internet and e-mail and organise conveyance in ports from time to
time.
Food and Catering – the cook to be trained and certified by the Flag State.
Also, every seafarer has the right to complain to Flag State or PSC, but first has the
obligation to follow the “Complaints Procedure” of the Company, which will be part of
the Labour Manual on board.
Finally, the MLC is considered a big step in the welfare of the seafarer and is being called
the “fourth pillar of maritime operations” – the other three pillars being SOLAS,
MARPOL and STCW.
The MLC requires that each ship over 500 GT is issued with a Maritime Labour
Certificate. These certificates are in three parts:
The Maritime Labour Certificate - This is the fundamental certificate and will be
issued by the Flag State after the ship inspection. A Maritime Labour Certificate
shall be issued to a ship after the Flag State has verified, via inspection, that the
ship (including the DMLC Part II) is in compliance with national (DMLC Part I)
and applicable MLC requirements.
The Declaration of Maritime Labour Compliance Part I (DMLC Part I) - This is a
statement of the national requirements and is issued by the Administration. One
is required for each ship and it sets out the Flag State requirements. The DMLC
Part I is to be prepared and issued by the Flag State Administration and contains
the national requirements and applicable exemptions.
The Declaration of Maritime Labour Compliance Part II (DMLC Part II) - This is
the statement completed by the ship-owner, which sets out in brief terms the ways
in which he is meeting the standards in the DMLC Part I. The DMLC Part II is to
be prepared by the ship-owner and contains the measures to ensure compliance
with DMLC Part I. The surveyor must confirm that it’s genuine when the first
inspection is finished. Ship-owners with ships under a number of flags are advised
to keep DMLC-Part II generic, rather than producing one specifically for each
flag state.
DMLC-Part II
Outlines what the ship-owner needs to do to meet the national requirements (the
14 items listed in Appendix A5.1 of the MLC, 2006).
Shows the measures suggested ensuring that improvement continues.
Must be written in clear terms.
Is designed to help everyone involved to easily check that the requirements are
being put in place properly.
Seafarers should:
1. Actively participate in promoting a safety culture and express their views on safe
and healthy working conditions and risk assessments;
2. Cooperate with the master to implement prescribed Occupational, Safety and
Health (OSH) policies and other measures;
3. Participate in OSH meetings and do everything possible to maintain both their
own safety and health and those of other persons on board;
4. Properly use the preventive principles and utilize available PPE and clothing as
instructed and otherwise when appropriate;
5. Use only machinery that is properly guarded and not render the guards
inoperative;
6. Report immediately to their immediate supervisor any situation which could pose
a hazard and which they cannot properly handle themselves;
7. Have the right to remove themselves from dangerous situations or operations
when they have good reason to believe that there is an imminent and serious
danger and
8. Communicate effectively regarding safety risks, verify that the instructions have
been understood and provide an opportunity for clarification to be sought.
9. Except in an emergency, seafarers, unless duly authorized, should not interfere
with, remove or displace any safety device or other equipment and appliances
furnished for their protection or the protection of others, or interfere with any
method or process adopted to prevent accidents, injuries and diseases.
10. The seafarer is aware of his rights and can show his copy to PSC when asked.
11. The copy of his contract is in his safe custody to be shown to PSC when asked.