2nd Mates Handout ARI F3 Law

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nd

2 Mates
HANDOUT
Second Mates - HANDOUT

FUNCTION 3

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LAW

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London Convention; 1972
(Earlier known as “London Dumping Convention”)
Entry into force: 1975
India is NOT a party to the Convention

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.

The Convention is divided into THREE Annexes as follows:

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.

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The 1996 Protocol to the London Convention

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.

Interpreting the London Convention 1972 and 1996 Protocol

What is the relation between the London Convention and the MARPOL Convention?

There is NO RELATIONSHIP between London Convention and MARPOL because Activities


that would constitute "disposal at sea" are set out in the definition of "dumping" under Article III
of the London Convention 1972 and under Article 1 of the 1996 Protocol. In general, "disposal at
sea" operations comprise activities whereby materials taken on board a vessel are transported to a
disposal location at sea and dumped into the marine environment. Disposal at sea by ship does
not include:

 Discharges of wastes arising during normal operations of vessels (management of these


wastes are governed under the MARPOL 73/78 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.

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International Convention Relating to Intervention on the High Seas in Cases of Oil
Pollution Casualties, 1969 (INTERVENTION Convention)

Adoption: 29 November 1969


Entry into force: 6 May 1975
Introduction

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.

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CLC & Fund Convention

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.

The maximum amount to be paid by the oil tanker owner is as follows:

Up to 5000 GT = 4.51 million SDR.


5001 GT – 140,000 = (4.51 million SDR + 631 SDR/GT) SDR.
> 140,000 GT = 89.77 million SDR.

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Fund Convention

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)].

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MARPOL 73/78

The MARPOL Convention, adopted on 2 November 1973, is an international convention


for the protection of the marine environment, which is in force world-wide. The Articles
of the Convention contain general provisions such as applicable definitions and scope.
The Convention additionally comprises two Protocols and six Annexes.

Annex I: Prevention of pollution by Oil

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: Control of Pollution by Noxious Liquid Substances in Bulk

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: Prevention of Pollution by Harmful Substances carried by Sea in


Packaged Form

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.

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Annex V: Prevention of Pollution by Garbage from Ships

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: Prevention of Air Pollution from Ships

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.

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Purpose of the Plan

 The Shipboard Oil Pollution Emergency Plan ("SOPEP") is to be seen as


information from the owners to the Master of a particular ship.

 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.

 "Guidelines for the Development of a Shipboard Oil Pollution Emergency Plan"


are published by IMO under MEPC. 54 (32) 1992 as amended by MEPC.86 (44)
2000.

 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.

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 Especially for tankers actions in regard to the cargo tanks and cargo handling have
to be included in the instructions.
 The contents of the plan have to be fully in line with the instructions given by the
company within the ISM Safety Management Manual.

Contents of SOPEP

SOPEP contains the following things:

 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.

Ship oil pollution plan contains:

 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

According MARPOL following appendices should be added to the SOPEP:


 Coastal State Contacts (as annually published but quarterly updated in the Internet by
IMO.
 Blank form for listing of Port Contact Addresses to be kept up-to-date by the
Master.

 “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:

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 General Arrangement Plan
 Tank Plan
 Fuel Oil Piping Diagram

Those drawings form the minimum requirement by MARPOL. Further plans may be
added if found appropriate.

Additional voluntary Entries

Additional Appendices can be entered as found necessary by the owners, i.e.:

 Training and drill procedures.


 Plan review procedures.
 Record keeping procedures.
 Public affairs policy.

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.

 Certain Flag administrations offer direct approval services too.

 In case of a transfer of class the approval by the previous classification society or


another flag state authority will generally be accepted.
 If a ship changes to a flag, the approval of the SOPEP for this flag has to be made
by the flag state authority directly.

Designated person in charge of carrying out the plan

A person shall be designated in the garbage management plan to be responsible for


implementing the procedures within the plan. This person should be assisted by
departmental staff to ensure that the collection, separation and processing of garbage is
efficient in all areas of the ship.

Procedures for collecting garbage

Identify suitable receptacles for collection and separation:

 Separation of garbage is considered part of the collection process. Separation


may take place at the source or at a separate designated station;
 Identify locations of receptacles, collection, and separation stations;
 Describe the process of how garbage is transported from the source of generation
to the collection and separation stations;

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 How garbage will be handled between primary collection and separation?

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Procedures for processing garbage

 Identify personnel responsible for the operation of the equipment.


 Identify available processing devices and their capacities.
 Identify location of processing devices and stations.
 Identify the categories of garbage that will be processed by each of the available
processing devices.
 How garbage will be handled between primary processing stations and the
storage or disposal stations?
 Processing procedures used commensurate with the following:
 Needs of reception facilities, taking into account possible local recycling
arrangements,
 Storage, and
 Disposal at sea.
 The training or education programmes to facilitate the processing of garbage.

Identify available operating and maintenance procedures (this may be done by reference
to documents available on board).

Procedures for storing garbage

 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:

• Discharge to reception facilities, taking into account possible local recycling


arrangements, and
• Disposal at sea.
• The training or education programmes to facilitate the storing of garbage

Procedures for disposing of garbage


 The ship’s procedures to ensure compliance with the requirements of Annex V of
MARPOL 73/78 for disposal of garbage.

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UNCLOS

Maritime Zones and the Law of the Sea


The rights of coastal States to claim maritime zones derive from international law, the body of
law that regulates the rights and duties of countries recognised by international law. The law of
the sea is governed by the United Nations Convention on the Law of the Sea (UNCLOS), which
defines all the maritime zones.

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

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along their coast corresponding to the Lowest Astronomical Tide (LAT) to draw their base line
and this is also accepted.
Internal Waters
All the part of the country, which is on the LAND side of the base line is called Internal Waters
and includes rivers, estuaries, lakes etc. Within the Internal Waters no one can enter and a ship
DOES NOT has the right to innocent passage.

Territorial Sea (TS)


Territorial Sea extends up to 12 nautical miles from the base line. Within this is zone the country
has TERRITORIAL SOVEREIGNITY – this means that this zone is PART of the TERRITORY of the
country and the country is at complete freedom to do what it wants because the law of the
country is applicable within this zone (the law of the Port State). When a country signs for
UNCLOS, the Territorial Sea is automatically attached to it.

Contiguous Zone (CZ)


The Contiguous Zone (CZ) of a country extends up to 24 nautical miles from the base line. Within
this zone (basically 12 – 24 nautical miles because 0 – 12 nautical miles overlaps with the
Territorial Sea, which is the territory of a country) a country can CLAIM SOVEREIGN RIGHTS for
customs, fiscal, immigration and health enforcement purposes – sovereign rights means that it is
NOT part of the territory of a country but the country has claimed specific rights ONLY for the
above mentioned four very specific purposes. The CZ has to be CLAIMED by a country with an
application to Division of Law of the Sea (DOLOS) at the United Nations (UN) headquarters in
New York. There are only 69 countries who have claimed their CZ, including India.

Exclusive Economic Zone (EEZ)


The Exclusive Economic Zone (EEZ) of a country extends up to 200 nautical miles from the base
line. Within this zone (basically 12 – 200 nautical miles because 0 – 12 nautical miles overlaps
with the Territorial Sea, which is the territory of a country) a country can CLAIM SOVEREIGN
RIGHTS for exploration and exploitation of the marine resources for its own commercial
purposes. Exploration and exploitation of marine resources means oil, gas exploration, fishing
etc. - sovereign rights means that it is NOT part of the territory of a country but the country has
claimed specific rights ONLY for the above mentioned very specific purposes. The EEZ has to be
CLAIMED by a country with an application to Division of Law of the Sea (DOLOS) at the United
Nations (UN) headquarters in New York. There are only 119 countries who have claimed their
EEZ, including India. When, however, the EEZ OVERLAPS between two neighbouring countries,
they mutually agree to a limit (which of course will be less than 200 nautical miles for each
country) by way of signing a bi-lateral treaty.

Continental Shelf (CS)


The Continental Shelf (CS) of a country extends up to 350 nautical miles from the base line.
Within this zone (basically 12 – 350 nautical miles because 0 – 12 nautical miles overlaps with
the Territorial Sea, which is the territory of a country) a country can CLAIM SOVEREIGN RIGHTS
for seabed mining and conducting marine scientific research The term "continental shelf" is
generally taken to mean that part of the continental margin between the shoreline and the shelf
break or, where there is no noticeable slope, between the shoreline and the point where the
depth of the super-adjacent depth of water is approximately between 100 and 200 metres.
The CS has to be CLAIMED by a country with an application

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LOAD LINE CONVENTION

Load line Survey Requirements

Where a vessel is assigned freeboards by an Authority under Load Line Convention, a


Load Line Certificate is issued on completion of an initial survey. This certificate is
usually valid for five years; however it is subject to an Annual Survey by a surveyor who
endorses the certificate on the successful completion of the survey.

During the Annual Survey the surveyor checks:

 The position of the load line marks;


 If the structural strength has deteriorated;
 The water tight integrity of the hull;
 Whether any alterations have been made to the hull or superstructure;
 The condition of the fittings and appliances for the protection of openings, guard
rails, freeing ports and means of access to crew’s quarters; and
 If the vessel has on board the following:

1. Stability Information Booklet


2. Conditions of Assignment
Preparations for a Load Line Survey
Where applicable:
 Check that all access openings at ends of enclosed structures are in good
condition. All clips, clamps, and hinges should be free and well-greased. All
gaskets and watertight seals should be crack free. Ensure that the doors open from
both sides.
 Check all cargo hatches and access to holds for weather-tightness, especially
securing devices such as cleats and wedges.
 Inspect all machinery space openings on exposed decks.
 Check that any manholes and flush scuttles are capable of being made watertight.
 Check that all ventilator openings are provided with efficient weather-tight
closing appliances and repair any defects.
 All air pipes must be provided with permanently attached satisfactory means for
closing the openings.
 Inspect all cargo access openings below the freeboard deck and ensure that all of
them are watertight.
 Ensure that the non-return valves on overboard discharges are operating in a
satisfactory manner.
 Side scuttles to spaces below the freeboard deck or to spaces within enclosed
superstructure must have efficient internal watertight deadlights. Inspect the
deadlight seals.
 Check that all freeing ports are in a satisfactory condition, e.g. shutters are not
jammed, hinges are free, and that pins are of non-corroding material. Check that
any securing appliances, if fitted, work correctly.

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 All guard rails and bulwarks should be in a satisfactory condition, e.g. all
fractured rails should be re-welded
 De-rust and paint the deck line, load line mark, load lines, and the draught marks.
SOLAS 1974

What does it aim to achieve?


The main objective of the SOLAS Convention is to specify minimum safety standards for the
construction, equipment maintenance and operation of ships. The Convention calls on the Flag
States to ensure that the ships under their flag comply with its codes and requirements and
prescribes a number of certificates to prove compliance. Control provisions also allow
Contracting Governments to exercise Port State control by inspecting ships flying the flag of
other Contracting States when there are clear grounds for believing that the ship and its
equipment do not substantially comply with the requirements of the Convention.

The layout of SOLAS


At present, the SOLAS Convention comprises 14 Chapters.
 Chapter I - General Provisions
It includes regulations concerning the survey of the various types of ships and the issuing of
documents signifying that the ship meets the requirements of the Convention. The Chapter also
includes provisions for the control of ships in ports of other Contracting Governments.

 Chapter II-1 - Construction - Subdivision and stability, machinery and electrical


installations
The subdivision of passenger ships into watertight compartments must be such that after assumed
damage to the ship's hull the vessel will remain afloat and stable. Requirements for watertight
integrity and bilge pumping arrangements for passenger ships are also laid down as well as
stability requirements for both passenger and cargo ships.

 Chapter II-2 - Fire protection, fire detection and fire extinction


The chapter includes detailed fire safety provisions for all ships and specific measures for
passenger ships, cargo ships and tankers.
They include the following principles: division of the ship into main and vertical zones by
thermal and structural boundaries; separation of accommodation spaces from the remainder of the
ship by thermal and structural boundaries; restricted use of combustible materials; detection of
any fire in the zone of origin; containment and extinction of any fire in the space of origin;
protection of the means of escape or of access for fire-fighting purposes; ready availability of fire-
extinguishing appliances; minimization of the possibility of ignition of flammable cargo vapour.
The International Fire Safety Systems (FSS) Code - The adoption of the FSS Code is a major
change to the original Convention. The purpose of the FSS Code is to provide international
standards for fire safety systems required by revised SOLAS chapter II-2, under which it is made
mandatory.

 Chapter III - Life-saving appliances and arrangements


The Chapter includes requirements for life-saving appliances and arrangements, including
requirements for life boats, rescue boats and life jackets according to type of ship.

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The International Life-Saving Appliance (LSA) Code gives specific technical requirements for
LSA and is mandatory under Regulation 34, which states that all life-saving appliances and
arrangements shall comply with the applicable requirements of the LSA Code.

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 Chapter IV – Radio communications
The Chapter incorporates the Global Maritime Distress and Safety System (GMDSS). All
passenger ships and all cargo ships of 300 gross tonnage and upwards on international voyages
are required to carry equipment designed to improve the chances of rescue following an accident,
including satellite emergency position indicating radio beacons (EPIRB) and search and rescue
transponders (SART) for the location of the ship or survival craft.

 Chapter V - Safety of navigation


Chapter V identifies certain navigation safety services which should be provided by Contracting
Governments and sets forth provisions of an operational nature applicable in general to all ships
on all voyages. This is in contrast to the Convention as a whole, which only applies to certain
classes of ship engaged on international voyages. The chapter makes mandatory the carriage of
voyage data recorders (VDRs) and automatic ship identification systems (AIS) for certain ships.
Basically, the chapter deals with safety of navigation.

 Chapter VI - Carriage of Cargoes


The Chapter covers all types of cargo (except liquids and gases in bulk) "which, owing to their
particular hazards to ships or persons on board, may require special precautions". The regulations
include requirements for stowage and securing of cargo or cargo units (such as containers). The
Chapter requires cargo ships carrying grain to comply with the IMO International Grain Code.

 Chapter VII - Carriage of dangerous goods


The regulations are contained in three parts:
Part A - Carriage of dangerous goods in packaged form or in solid form or in bulk - includes
provisions for the classification, packing, marking, labelling and using placards, documentation
and stowage of dangerous goods.
Part B covers Construction and equipment of ships carrying dangerous liquid chemicals in bulk
and requires chemical tankers built after 1 July 1986 to comply with the International Bulk
Chemical Code (IBC Code).
Part C covers Construction and equipment of ships carrying liquefied gases in bulk and gas
carriers constructed after 1 July 1986 to comply with the requirements of the International Gas
Carrier Code (IGC Code).
Part D includes special requirements for the carriage of packaged irradiated nuclear fuel,
plutonium and high-level radioactive wastes on board ships and requires ships carrying such
products to comply with the International Code for the Safe Carriage of Packaged Irradiated
Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code).

 Chapter VIII - Nuclear ships


The chapter gives basic requirements for nuclear-powered ships and is particularly concerned
with radiation hazards. It refers to detailed and comprehensive Code of Safety for Nuclear
Merchant Ships which was adopted by the IMO Assembly in 1981.

 Chapter IX - Management for the Safe Operation of Ships


The Chapter makes mandatory the International Safety Management (ISM) Code, which requires
a safety management system to be established by the ship-owner or any person who has assumed
responsibility for the ship (the "Company").

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 Chapter X - Safety measures for high-speed craft
The Chapter makes mandatory the International Code of Safety for High-Speed Craft (HSC
Code).

Chapter XI-1 - Special measures to enhance maritime safety

The Chapter clarifies requirements relating to authorization of recognized organizations


(responsible for carrying out surveys and inspections on Administrations' behalves); enhanced
surveys; ship identification number scheme; and port State control on operational requirements.
Among other things, Chapter XI, "Special Measures to Enhance Safety" makes it possible for port
State Control officers inspecting foreign ships to check operational requirements "when there are
clear grounds for believing that the master or crew are not familiar with essential shipboard
procedures relating to the safety of ships."

 Chapter XI-2 - Special measures to enhance maritime security


The Chapter was adopted in December 2002 and entered into force on 1 July 2004. Regulation
XI-2/3 of the new chapter enshrines the International Ship and Port Facilities Security Code
(ISPS Code).

 Chapter XII - Additional safety measures for bulk carriers


The Chapter includes structural requirements for bulk carriers over 150 metres in length.
Chapter XIII - Verification of compliance
This Chapter makes mandatory from 1 January 2016 the IMO Member State Audit Scheme.

Chapter XIV - Safety measures for ships operating in polar waters


The chapter makes mandatory, from 1 January 2017, the Introduction and part I-A of the
International Code for Ships Operating in Polar Waters (the Polar Code).

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2014
SOLAS amendments which entered into force on 1 January 2014

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;

2. Testing of free-fall lifeboats, to require that the operational testing of free-fall


lifeboat release systems shall be performed either by free-fall launch with only the
operating crew on board or by a simulated launching;

3. Amendment to SOLAS chapter V to add a new regulation V/14 on ships'


manning, to require Administrations, for every ship, to establish appropriate
minimum safe manning levels following a transparent procedure, taking into
account the guidance adopted by IMO (Assembly resolution A.1047(27) on
Principles of minimum safe manning); and issue an appropriate minimum safe
manning document or equivalent as evidence of the minimum safe manning
considered necessary;

4. Prohibition of the blending of bulk liquid cargoes during the sea voyage and to
prohibit production processes on board ships;

5. Documents to cover transport information relating to the carriage of dangerous


goods in packaged form and the container/vehicle packing certificate; and

6. Enhanced surveys to make mandatory the International Code on the Enhanced


Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011
(2011 ESP Code).

MARPOL amendments which entered into force on 1 January 2014

1. A revised MARPOL Annex III Regulations for the prevention of pollution by


harmful substances carried by sea in packaged form, to include changes to the
Annex to coincide with the next update of the mandatory International Maritime
Dangerous Goods (IMDG) Code, specifying that goods should be shipped in
accordance with relevant provisions.

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.

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2015
1. MARPOL Annex VI: The limit for fuel sulphur oil levels has fallen to 0.10% m/m
(from 1.00%) in Emission Control Areas established to limit SOX and particulate
matter emissions. The emission control areas concerned are: the Baltic Sea area;
the North Sea are; the North American area; and the United States Caribbean Sea
area.

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:

i.Musters of newly embarked passengers are now required prior to or


immediately upon departure has come into force. Previously, the
requirement was for the muster of passengers to take place within 24 hours
of embarkation.

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 number of Conventions to make the use of the IMO Instruments


Implementation Code (III Code) mandatory.

The Conventions amended are:

 SOLAS, 1974, as amended;


 STCW Convention, 1978, as amended and STCW Code;
 MARPOL Annexes I through to VI; MARPOL Annexes I through to VI;
 Protocol of 1988 relating to the International Convention on Load Lines, 1966
(1988 Load Lines Protocol), as amended;
 International Convention on Load Lines, 1966;

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 International Convention on Tonnage Measurement of Ships, 1969;
 Convention on the International Regulations for Preventing Collisions at Sea,
1972, as amended.
January 2016: SOLAS amendments, steering gear, inert gas

Entry into force of:

1. Steering gear - to update the requirements relating to sea trials.


2. Introduction mandatory requirements for inert gas systems on board new oil and
chemical tankers of 8,000 dwt and above, and for ventilation systems on board
new ships; related amendments to the International Code for Fire Safety Systems
(FSS Code) on inert gas systems.
3. New fire protection requirements for new ships designed to carry containers on or
above the weather deck.
4. Additional means of escape from machinery spaces mandatory.
5. Requirement for vehicle carriers carrying motor vehicles with compressed
hydrogen or natural gas for their own propulsion, which sets additional
requirements for ships with vehicle and RO-RO spaces intended for the carriage
of motor vehicles with compressed hydrogen or compressed natural gas in their
tanks as fuel.
6. Amendment 37-14 to the International Maritime Dangerous Goods (IMDG)
Code.
7. Amendments to the International Life-Saving Appliance (LSA) Code related to
the testing of lifejackets.

1 January 2016: MARPOL - carriage of stability instruments

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.

1 March 2016: MARPOL - heavy fuel oil as ballast prohibited in Antarctic

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.

1 July 2016 - SOLAS - container weight verification

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1. Amendments to SOLAS chapter VI to require mandatory verification of the gross
mass of containers, either by weighing the packed container; or weighing all
packages and cargo items, using a certified method approved by the competent
authority of the State in which packing of the container was completed.
1 July 2016 - SOLAS -atmosphere testing

1. Amendments to add a new SOLAS regulation XI-1/7 on Atmosphere testing


instrument for enclosed spaces, to require ships to carry an appropriate portable
atmosphere testing instrument or instruments, capable of measuring
concentrations of oxygen, flammable gases or vapours, hydrogen sulphide and
carbon monoxide, prior to entry into enclosed spaces. Consequential amendments
to the Code for the Construction and Equipment of Mobile Offshore Drilling
Units (1979, 1989 and 2009 MODU Codes) were also adopted.

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).

1 January 2017 - MARPOL Annex I - oil residues

1. Amendments to regulation 12 of MARPOL Annex I, concerning tanks for oil


residues (sludge). The amendments update and revise the regulation, expanding
on the requirements for discharge connections and piping to ensure oil residues
are properly disposed of.

1 January 2017 – SOLAS – IGF Code

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 amendments to SOLAS chapter II-1 (Construction – Structure, subdivision and


stability, machinery and electrical installations), include amendments to Part F
Alternative design and arrangements, to provide a methodology for alternative design and
arrangements for machinery, electrical installations and low-flashpoint fuel storage and
distribution systems; and a new Part G Ships using low-flashpoint fuels, to add new
regulations to require ships constructed after the expected date of entry into force of 1

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January 2017 to comply with the requirements of the IGF Code, together with related
amendments to chapter II-2 and Appendix (Certificates).

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 the International Convention on Standards of Training, Certification and


Watch-keeping for Seafarers (STCW), and STCW Code, to include new mandatory
minimum requirements for the training and qualifications of masters, officers, ratings and
other personnel on ships subject to the IGF Code, also enter into force on 1 January 2017.

1 January 2017 – SOLAS – venting

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.

1 January 2017 - STCW Manila amendments transitional provisions end

From 1 January 2017, STCW certificates must be issued, renewed and revalidated in
accordance with the provisions of the 2010 Manila Amendments.

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ISM CODE

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:

 Phase 1 – 1st July 1998 – for tankers and passenger ships.


 Phase 2 – 1st July 2002 – for all other ships.

Objectives of ISM Code

SHIP SEAFARER SHIP OWNER


SOLAS STCW ISM Code
MARPOL MLC (of ILO)
Load Line

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.

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Elements of ISM Code / Functional Requirements of ISM Code / Practical
Application of ISM Code

(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.

Quality assurance system vs. ISM Code - the Important Difference

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.

QUALITY assurance is a VOLUNTARY PROCESS, which shows that the audited


company or body performs to certain standards, which the body itself sets. If he fails to
implement the Quality System in accordance with his own written procedures then he
may very well find that the consequences will be that the accrediting body will withdraw
the accreditation. There is very unlikely to be a legal or insurance ramification. However,
compliance with the ISM Code is quite different – it is a MANDATORY
REQUIREMENT (as required by the law of SOLAS Convention). If a ship owner fails to
comply there may be serious legal and insurance implications, since the ship owner

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would be in breach of the law of his Flag state and international law and may NOT be
able to TRADE his ship at all.
Designated Person Ashore (DPA)

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:

 For organising safety audits


 For monitoring that corrective action has been taken

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A common sense understanding therefore delineates that the combined functions of the
DP is the overall management of SMS, including the provision of required resources to
enable the SMS to be managed effectively.

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:

 Implementing the safety and environment protection policy of the Company


 Motivating the crew in the observation of that policy
 Issuing orders and instructions in a clear and simple manner
 Verifying that specified requirements are observed
 Reviewing the SMS and reporting its deficiencies to the shore based management

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.

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STCW CONVENTION

Enhancement of STCW Objectives

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:

Chapter I General provisions


• Regulation I/2 : Only Administrations to issue COC & maintain electronic database for
verification of authenticity
• Regulation I/3 : near coastal voyage requirements made more clear, including principals
governing such voyages and entering "into an undertaking" with the Parties concerned
(flag and coastal states)
• Regulation I/4 : PSC Assessment of seafarer watch keeping & security standards -
"Compromise to security" in the list
• Regulation I/6 : Guidance on e-learning
• Regulation I/9 : Medical standards updated in line with ILO MLC Requirements
• Regulation I/11 : revalidation requirements made more rational and includes revalidation
requirements for tanker endorsements
• Regulation I/14 : companies responsible for refresher training of seafarers on their ships

STCW Chapter II Support Level


Chapter Two is the section on the deck department. The principal change in Chapter II is
the addition of an Able Seafarer - Deck Rating. This is separate from the Rating Forming
Part of a Navigational Watch (RFPNW).
Based on sea time requirements, it will be critical for a mariner to get their RFPNW
qualification as early in their career as possible. Sea time toward an AB qualification will
not start until RFPNW qualifications have been met and any sea time toward subsequent
licenses will require the AB endorsement. This will require training and testing and will
be a new section called A-II/5.

STCW Chapter II Operational and Management Level


Electronic Chart Display and Information System (ECDIS) will be required training for
all deck officers on all vessels that are equipped with ECDIS. ECDIS will be treated the

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same as ARPA or the GMDSS training, where it is an STCW restriction from serving on
equipped vessels if you don't have these training certifications.
By 2012 nearly all vessels more than 200 gross tons will be required under a separate law
to have ECDIS equipment. By default, any deck officer on vessels of more than 200 tons
will need ECDIS training. There will be two levels of ECDIS, operational and
management dealing with the different responsibilities of each.
Bridge Resource Management, Teamwork and Leadership training will be mandatory at
both the operational and management levels.

STCW Chapter III Engineering


The principal change in Chapter III is the addition of an Able Seafarer - Engine Rating.
This is separate from the Rating Forming Part of an Engineering Watch.
Many countries have only had the RFPEW level and this new Able Seafarer Engine
rating will require the RFPEW to be STCW Compliant. This will require training and
testing and will be a new section called A-III/5.
Section A-III/1 will be reformatted and reorganized. You will no longer need to have the
30 months of approved training in the engine room. The wording will now be more
synchronized with the deck department and will read three years of sea service with one
year of combined work shop skills and six months of engine room watch standing.

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.

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STCW Chapter VI

Marine Environmental Issues:


The amendments will include the addition of marine environmental awareness issues in
the Personal Safety & Social Responsibilities course conducted as part of Basic Safety
Training as well as an operational level of marine environmental concerns at the STCW
Code A-II/1 and A-III/1 levels of Certification.
Basic Safety Training

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 Safety Training:


One of the key elements of the STCW 2010 amendments appears to be the removal of
loopholes with respect to refresher training. The STCW Code, which was vague in this
area and many countries, opted to interpret the "within five years" requirement loosely. It
has been decided that certain courses that may affect the safety and survival of the crew
and passengers in an emergency warrant periodic refresher training.

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.

STCW Chapter VIII: Watch keeping


This section of the STCW Code will be harmonized with the Maritime Labour
Convention (MLC) Convention. The Maritime Labour Convention was signed in 2006
and was created to create regulations for seafarers right's so that there would be a global
minimum standard for how mariners are treated.

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Harmonization with ILO - MLC
Where the IMO (International Maritime Organization) oversees the STCW Certification
Convention, the ILO (International Labour Organization) oversees the MLC Convention.
When the International Labour Organization adopted a "bill of rights" for the world's
maritime workers, all concerned - governments, seafarers and ship-owners - hailed this
new labour standard as a landmark development for the world's most globalized sector.
The International Maritime Organization (IMO) had taken important steps to build
protections in the areas of safety, certification and pollution, but the sector was awash in a
wide range of international labour standards going back over eight decades. The ILO
Maritime Labour Convention 2006 modernizes these standards to:
1. Consolidate and update more than 60 earlier ILO Conventions and Recommendations.
2. Set minimum requirements for seafarers to work on a ship.
3. Address conditions of employment, accommodation, recreational facilities, food and
catering, health protection, medical care, welfare and social security protection.
4. Promote compliance by operators and owners of ships by giving governments’ sufficient
flexibility to implement its requirements in a manner best adapted to their individual laws
and practices.
5. Strengthen enforcement mechanisms at all levels, including provisions for complaint
procedures available to seafarers, the ship-owners and shipmasters' supervision of
conditions on their ships, the flag States' jurisdiction and control over their ships, and port
state inspections of foreign ships.

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:

1. A minimum of 10 hours of rest in any 24-hour period; and


2. 77 hours in any 7-day period.

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.

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The new IMO rest hour requirements will enter into force in January 2012 and seafarers
will need to review and sign a record of their work / rest hours periodically (typically at
least once a month) to ensure they comply with the minimum rest hours stipulated.

Rest hours need not be maintained in the case of an emergency or in other


OVERRIDING OPERATIONAL CONDITIONS.

OVERRIDING OPERATIONAL CONDITIONS should be interpreted as only essential


shipboard work which cannot be delayed for safety or environmental reasons or which
could not reasonably have been anticipated at the commencement of the voyage. It should
be noted that musters, fire-fighting and lifeboat drills, and drills prescribed by national
laws and regulations and by international instruments, shall be conducted in a manner
that minimises the disturbance of rest periods.

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Special Trade Passenger (STP) RULES

Adoption: 6 October 1971


Entry into force: 2 January 1974

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.

As a result, IMO convened an International Conference in 1971 to consider safety


requirements for special trade passenger ships in relation to the 1960 SOLAS
Convention.

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.

Protocol on Space Requirements for Special Trade Passenger Ships, 1973


Adoption: 13 July 1973
Entry into force: 2 June 1977

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.

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SPECIAL TRADE PASSENGER SHIPS (SPACE REQUIREMENTS) RULES,
1973

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.

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Rule 5 ISSUE OF CERTIFICATE

(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.

Rule 6 POSTING UP OF CERTIFICATE

The Certificate issued under these Rules or a certified copy thereof shall be posted up in a
prominent and accessible place in the ship.

Rule 7 ACCEPTANCE OF CERTIFICATE

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.

PART 2 SPACE REQUIREMENTS

Rule 9 SPACES NOT SUITABLE FOR CARRIAGE OF PASSENGERS

(1) No special trade passenger shall be carried:


(a) On any deck lower than the one immediately below the deepest subdivision load line;
(b) At any point in a between deck space where the clear headroom is less than 1.90
metres
(6 feet 3 inches);
(c) Forward of the collision bulkhead or the upward extension thereof, as provided for in
Regulation 9 of Chapter II of the 1960 Convention;
(d) On lower between decks within 10 per cent of the length of the ship from the forward
perpendicular; or

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(e) On any weather deck which is not sheathed to the satisfaction of the Administration.
(2) During seasons of foul weather, spaces on the weather deck shall not be measured as
being available for the accommodation of special trade passengers, except that such
spaces may be measured as being available for use as airing space required to be provided
under Rule 11 or Rule 13.

Rule 10 NUMBER OF PASSENGERS PERMITTED

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.

Rule 11 SPACES NOT FITTED WITH BUNKS

(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).

Rule 12 AREAS TO BE DEDUCTED AND MARKED

(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:

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(a) An overall deduction of 5 per cent of the gross area of the space to allow for the
accommodation of accompanied baggage;
(b) an area extending for a distance of 0.75 metres (2 feet 6 inches) from the entrance to
any stairway or ladder-way, wash place, lavatory or battery of latrines or from any water
tap or fire hydrant;
(c) Areas required for working the lifeboats, life rafts and buoyant apparatus. These areas
may, however, be included in the calculation of airing space;
(d) The area of any hatchway; and
(e) Any area which in the opinion of the Administration is unsuitable for the
accommodation of special trade passengers.
(2) The areas described in (b), (c), (d) and (e) of paragraph (1) of this Rule shall be
delineated by a white line 0.08 metres (3 inches) wide.

Rule 13 SPACES FITTED WITH BUNKS

(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.

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(3) In no case shall the number of special trade passengers permitted to be carried under
this Rule be such that 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).
(4) 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".

Rule 14 MARKING OF SPACES

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.

Rule 15 WIDTH OF STAIRWAYS

(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

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(1) Every ship shall be provided with a system of trunked mechanical ventilation
sufficient to distribute fresh air into all parts of the enclosed spaces allocated for the
accommodation or use of special trade passengers and capable of providing at least ten
fresh air changes per hour. Alternatively a trunked air conditioning system may be
provided to the satisfaction of the Administration.
(2) The ventilation or air conditioning system required by paragraph (1) of this Rule shall
be capable of effective separation from any hospital ventilation.
Rule 18 AWNINGS

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.

Rule 19 COOKING OF FOOD

Special trade passengers shall not be permitted to cook food on board.

Rule 20 PREVENTION OF ACCIDENTS

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.

Rule 21 OBSTRUCTION OF PASSENGER SPACES

Spaces including airing spaces allotted for the accommodation or use of special trade
passengers shall be kept free of cargo.

EXISTING SHIPS

Rule 22 RELAXATIONS FROM PART II

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

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paragraph (1) thereof to the extent which it considers reasonable, having regard to the
nature of the service.
(b) In the case of a ship already fitted with bunks, if in the opinion of the Administration:
(i) the characteristics of the special trade passengers carried are such that the reduction in
the size of bunks would not lead to discomfort for them; and
(ii) such additional available space resulting from the reduction could be used in
improving safety and amenities of special trade passengers and will not be utilized to
increase the number of passengers which would otherwise be permitted under Rule 13 to
be carried, bunks of a size not less than 1.80 metres (6 feet) long and 0.70 metres (2 feet 3
inches) wide may be fitted.
(c) The distances given in Rule 13(2)(<f)(i), (ii) and (iii) may each be reduced by not
more than 0.15 metres (6 inches) provided the aggregate of these distances is not less
than 1.90 metres (6 feet 3 inches).
(4) Rule 17 need not apply where a natural ventilation system is fitted in the spaces
referred to in that Rule, provided that such system shall be adequate to maintain the air in
a satisfactory condition and to ensure a sufficient degree of air movement under all
conditions of weather and climate to which the ship is likely to be subjected, and shall in
particular at least meet the following requirements:
(a) The aggregate area of the inlet ventilators serving any such space exclusive of side
scuttles, doors, stairways, skylights or any other apertures not provided solely for
ventilation purposes shall be not less than:
(i) for an upper between deck space 0.032 square metres (5 square inches) for every
passenger appropriate to that space;
(ii) for a lower between deck space 0.048 square metres (7.5 square inches) for every
passenger appropriate to that space, and the aggregate area of outlets serving such a space
shall equally be not less than the above scales.
(b) In every between deck space other than open self-airing spaces, fans shall be fitted
having a diameter of not less than 0.60 metres (2 feet) for every 25 passengers
appropriate to that space, provided that fans of lesser diameter may be used and the
number of fans varied where, in the opinion of the Administration, they will together
provide an equivalent degree of air movement.
(c) For the purpose of this paragraph 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 the space
has capacity.

PART 4 INTERNATIONAL HEALTH REGULATIONS

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.

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PAL CONVENTION

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 2002 Protocol


Adoption: 1 November 2002
Entry into force: 24th April 2014

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.

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Limits of liability

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.

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GROSS TONNAGE and NET TONNAGE

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.

The International Convention on Tonnage Measurement of Ships, 1969 was adopted by


IMO in 1969. It came into force on July 18, 1982 and therefore applies to all ships
constructed after this date. The Convention mandated a transition from the former
measurements of gross register tonnage (GRT) and net register tonnage (NRT) to gross
tonnage (GT) and net tonnage (NT). It was the first successful attempt to introduce a
universal tonnage measurement system 1.

Gross tonnage (often abbreviated as GT, G.T. or gt) is a dimensionless index


related to a ship's overall internal volume. Gross tonnage is different from gross register
tonnage. Neither gross tonnage nor gross register tonnage is a measure of the ship's
displacement (mass) and should not be confused with terms such as deadweight tonnage
or displacement.

Gross tonnage REPLACED gross register tonnage in 1994 under the Tonnage
Measurement convention of 1969, and is no longer used term in the industry.

Calculation of Gross Tonnage

The gross tonnage calculation is defined in Regulation 3 of Annex 1 of The International


Convention on Tonnage Measurement of Ships, 1969. It is based on two variables:

 V, the ship's total volume in cubic meters (m3), and


 K, a multiplier based on the ship volume.

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.

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smaller, for larger ships, K is larger. K ranges from 0.22 to 0.32 and is calculated with a
formula which uses the common or base -10 logarithm:

Once V and K are known, gross tonnage is calculated using the formula, whereby GT is a
function of V:

Net tonnage (often abbreviated as NT, N.T. or nt) is a dimensionless index


calculated from the total moulded volume of the ship's cargo spaces by using a
mathematical formula. Defined in The International Convention on Tonnage
Measurement of Ships that was adopted by the International Maritime Organization in
1969, the net tonnage replaced the earlier net register tonnage (NRT) which denoted the
volume of the ship's revenue-earning spaces in "register tons", units of volume equal to
100 cubic feet (2.83 m3). Net tonnage is used to calculate the port duties and should not
be taken as less than 30 per cent of the ship's gross tonnage.

Net tonnage REPLACED net registered tonnage in 1994, under the Tonnage
Measurement convention of 1969.

Calculation of Net Tonnage

Choice of draft value

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

The Net tonnage calculation is defined in Regulation 4 of Annex 1 of The International


Convention on Tonnage Measurement of Ships, 1969. It is based on two main variables:

 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:

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And then these three values are used to calculate NT using this 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

When calculating NT for ships certified to carry 13 or more passengers, an additional


term is used in the NT formula. It is based on three additional variables:

 GT, the ship's gross tonnage,


 N1, number of passengers in cabins with not more than 8 berths, and
 N2, number of other passengers.

First, a multiplier K3, based on the ship's gross tonnage is found,

Then the net tonnage is calculated:

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."

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ISPS CODE

What is the ISPS Code?

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).

The requirements of the code include:

1. Ship Identification Number to be permanently marked on vessel’s hulls


2. Continuous Synopsis Record (CSR) kept on-board showing vessel history
3. Ship or Port Facility Security Assessment (SSA or PFSA) Ship or Port Facility Security
Plan (SSP or PFSP)
4. Ship or Port Facility Security Certificate (SSC or PFSC)
5. Ship or Port Facility Security Officer (SSO or PFSO)
6. Company Security Officer
7. Continuous ship to port security communication link
8. Training and drills
9. A Ship Security Alert System (SSAS)

What does implementing the ISPS Code involve?

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

Ship Security Plan

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The Ship Security Plan is developed to ensure the application of measures on board the ship
designed to protect persons on board, cargo, cargo transport units, ship’s stores or the ship from
the risks of a security incident. The plan must address, at least, the following:
1. Measures designed to prevent unauthorized weapons, dangerous substances and devices
intended for use against persons, ships or ports from being taken on board.
2. Identification of the restricted areas and measures for the prevention of unauthorized
access to them.
3. Procedures for responding to security threats or breaches of security, including provisions
for maintaining critical operations of the ship or ship/port interface, evacuating persons
on board, and reporting on incidents.
4. Duties of shipboard personnel assigned security responsibilities and of other shipboard
personnel on security aspects.
5. Procedures for auditing the security activities, and for ensuring the inspection, testing,
calibration, and maintenance of any security equipment provided on board.
6. Procedures for training, drills and exercises associated with the plan.
7. Procedures for interfacing with port facility security activities.
8. Procedures for the periodic review of the plan and for updating.
9. Procedures, instructions and guidance on the use of the ship security alert system,
including the testing, activation, deactivation and resetting and to limit false alerts.
10. Instructions indicating that the master has overriding authority and responsibility to make
decisions with respect to the safety and security of the ship and to request assistance as
may be necessary.

Records of the following activities addressed in the Ship Security Plan will need to be kept on
board:

1. Training, drills and exercises


2. Security threats and security incidents
3. Breaches of security
4. Changes in security level
5. Communications relating to the direct security of the ship such as specific threats to
the ship or to port facilities
6. Internal audits and reviews of security activities
7. Periodic reviews of the Ship Security Assessment and the Ship Security Plan
8. Implementation of any amendments to the plan
9. Maintenance, calibration and testing of any security equipment provided on board
including testing of the ship security alert system

International Ship Security Certificate

 An International Ship Security Certificate is issued after the initial or renewal


verification. This certificate is valid for a maximum of five years.

Interim International Ship Security Certificate - This certificate will only be valid for a
maximum of six months and cannot be extended.

Responsibilities

1. Role of the Company Security Officer (CSO)

The Company Security Officer is designated by the ship owner, and is responsible for:

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 Ensuring that Ship Security Assessments are carried out.
 Ensuring the development, submission for approval, implementation and maintenance of
Ship Security Plans.
 Arranging for internal audits and reviews of security activities, and ship verifications, as
well as ensuring that deficiencies and non-conformities identified are promptly addressed.
 Advising on the level of threats likely to be encountered by the ship, using appropriate
security assessments and other relevant information.
 Ensuring adequate training for personnel responsible for the security of the ship.
 Ensuring effective communication and co-operation between the Ship Security Officer
and the relevant Port Facility Security Officers.

2. Role of the Ship Security Officer (SSO)

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.

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MARITIME LABOUR CONVENTION

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.

Reasons for the development of Maritime Labour Convention (MLC)

There are basically FOUR reasons as follows:

1. Some of the conventions are very old and dating back to 1922, which have NO
applicability to seafarers of 21str century.

2. IMO Conventions (SOLAS, MARPOL, CLC etc.) require a PROOF of


implementation on board. The proof is in the form of the FLAG STATE
conducting surveys on board and issuing the ship with the relevant certificate.
Sadly, none of the 68 ILO conventions of ILO required such a proof of
implementation. With the result, the Flag States left it to the ship owner to
maintain the labour standards AS THEY DESIRED – meaning, there was NO
CONTROL.

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).

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Layout of MLC

The MLC is divided into FOR layers as follows:


1. Articles.
2. Regulations.
3. Code A (Mandatory).
4. Code B (non-mandatory – it acts as a guideline to follow the mandatory Code A).

The Codes are divided into FIVE chapters known as Titles as follows:

TITLE 1 – Minimum Requirements to Work on Ships


This deals with the minimum age requirements, such as – (a) no person (including the
cadets) below the age of 16 years is allowed to work on ships (b) no person below the age
of 18 years is allowed to work at night where the night period is defined as 2100 hrs. to
0500 hrs.

TITLE 2 – Conditions of Employment


This deals with contractual conditions, hours of work and rest, leave, repatriation and a
written undertaking by the owner that he is responsible to medical and compensation in
case of injury and death. Hours of work are – maximum 14 hrs. in 24 hour period and 72
hours in 7 day period; hours of rest – minimum 10 hours in 24 hours period and 77 hours
in 7 day period.

TITLE 3 – Accommodation, Recreation, Food and Catering


Accommodation – On new ships – (a) no more twin-sharing cabins (including for cadets)
(c) advised to provide attached toilets, but if common toilets provided then very strict
specifications to be adhered to (c) minimum height of deck-head in accommodation
increased; for existing ships – acoustic and vibration levels to be monitored regularly.

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.

TITLE 4 – Medical and Social Protection


The existing medical facilities have been enhanced to include dental and eye treatments.

TITLE 5 – Compliance and Enforcement


Compliance is the responsibility of the Flag State. They will conduct labour survey on 14
parameters based on Title 1 to Title 4 and issue to the ship “Declaration of Maritime
Labour Compliance (DMLC)” along with a Maritime Labour Certificate (ML
Certificate), which will be statutory certificate and valid for 5 years with annual,
intermediate and renewal labour surveys. It is important to note that the ML Certificate is
invalid in the absence of DMLC.

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Enforcement is the responsibility of PSC. They have volunteered to enforce it for the
benefit of the world seafarers and have thus given the powers to detain a ship if the MLC
requirements are not found to be met.

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.

Certification required under Maritime Labour Convention (MLC); 2006

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.

Procedures for Certification under Maritime Labour Convention (MLC); 2006

The process of certification requires four simple steps:

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 The owner obtains a copy, which contains the text of the DMLC Part I, from the
Flag State and examines his current systems and procedures against the
requirements set out there and in the regulations.
 Having analysed the existing systems and procedures against the requirements in
the DMLC Part I the ship-owner takes steps to close any gaps and ensure that the
procedures and systems in place ensure compliance with the DMLC Part I.
 Having closed any gaps the ship-owner completes the DMLC Part II setting out
the procedures and systems that ensure the standards in the DMLC Part I are met.
 When the DMLC part II is complete the ship-owner asks the Flag State
Administration for a final DMLC Part I and applies for certification under the
MLC. The Flag State Administration will ask for copies of the Part I and the
Part II and any supporting documentation, which they will review ashore. When
the review is satisfactorily completed the Flag State Administration will arrange
attendance on board, by their surveyor, to complete the inspection and verify
compliance on board the ship after which the Maritime Labour Certificate is
issued.

India and MLC

India has ratified MLC as of 9th October 2016.

Duties of a Seafarer under MLC

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.

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12. Ensure the night time age requirements are strictly adhered to.
13. Frequent and regular rounds of accommodation, stores, hygiene, cleanliness and
upkeep.
14. Ensure that Chief Engineer is regularly monitoring the acoustic and vibration
level.
15. Ensure that the recreation equipment is in good condition and usable at all times.
16. Keep a very close contact with the compliment of the ship to ensure that any of
their complaints, if any, is immediately addressed while adhering to the
Company’s complain procedure.
17. Keep the ship always “happy” to ensure no reasons for a complaint to arise.
18. Ensure the ship to be in a state of readiness for a labour survey anytime.

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