the maritime labour convention (mlc) 2006_imlc_and_consequences.pdfmar 10, 2009 · the maritime...
TRANSCRIPT
© DNV. All rights reserved. Slide 209 March 2009
Agenda
� Introduction
� Inspection and certificate
� Content
� Challenges, preparation and implementation
� Summary
© DNV. All rights reserved. Slide 309 March 2009
Background
The Maritime Labour Convention (MLC 2006) was adopted by ILO in February 2006
Updating and consolidating existing ILO Conventions
ILO
GOVERNMENT
EMPLOYEEEMPLOYER
http://www.ilo.org/public/english/standards/norm/mlc2006/
“MLC 2006 provides comprehensive rights and protection at work for the world's more than 1.2 million seafarers”.
The Maritime Labour Convention 2006
© DNV. All rights reserved. Slide 409 March 2009
MLC 2006 as the 4th pillar in the international maritime regulation
Safety at sea and for seafarers
MLC 2006STCWMARPOLSOLAS
© DNV. All rights reserved. Slide 509 March 2009
The goals of the MLC 2006
1. Updating and consolidating existing ILO Conventions,such as 92, 133, 134, 147, 164, 178 and 180
2. Recruit, develop, motivate and retain qualified labour
3. Preventing poor working and living conditions being an advantage
4. Creating a level playing field
5. Establishing MLC 2006 as the 4th pillar in the international maritime regulation(together with SOLAS, MARPOL and STCW)
© DNV. All rights reserved. Slide 609 March 2009
Entry into force
Entry into force one year after ratification by at least:
� 30 ILO member states, and
� 33 % of world tonnage
Status today
� Ratifications: Liberia, Marshall Islands, Bahamas, Panama and Norway
� PMoU requirements for PSC
� ILO co-ordination (flag state and port state)
� EU co-ordination and work
� Estimated entry into force 2011
MLC 2006 process
Feb. 2006
MLC 2006
adopted
March. 2009
5 countries ratified,
with about 40%
of the world tonnage Per ?
30 countries ratified,
with more than 33%
of the world tonnage
2006 2009 2010 (?) 2011 (?)
All ships above
500 gt. from “MLC
countries” or trading in
“MLC ports” need
MLC and DMLC
After 1 year
MLC 2006
enter into
force
© DNV. All rights reserved. Slide 809 March 2009
The Convention applies to all
�Seafarers
�Shipswhether publicly or privately owned, ordinarily engaged in commercial activities, except …� ships engaged in fishing or in similar pursuits� ships of traditional build such as dhows and junks� warships or naval auxiliaries
Scope
“Ship” means a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply
“Seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies
© DNV. All rights reserved. Slide 909 March 2009
Agenda� Introduction
� Inspection and certificate
� Content
� Challenges, preparation and implementation
� Summary
MLC and DMLC
� Ships from non ratifying states shall be met by the “No more favorable treatment ” clause when entering the ports of a ratifying state.
� Shipowners operating other ships have the right to request Certification
[All ships within the scope of the MLC 2006 shall be inspected]
All ships 500 tons and above in international trade will need:
� Maritime Labour Certificate (MLC) and
� Declaration of Maritime Labour Compliance (DMLC)
© DNV. All rights reserved. Slide 1109 March 2009
The working and living conditions that must be inspected and approved before certifying a ship :
� Minimum age
� Medical certification
� Qualifications of seafarers
� Use of any licensed or certified or regulated private recruitment and placement service
� Hours of work or rest
� Manning levels for the ship
� Accommodation
� On-board recreational facilities
� Food and catering
� Health and safety and accident prevention
� On-board medical care
� On-board complaint procedures
� Payment of wages
� Seafarers’ employment agreements
Certification
Requirements related to ship construction and
equipment apply only to ships constructed
on or after the date MLC 2006 comes into force.
Construction date = when its keel is laid
Some requirements relevant for the construction
Maritime Labour Certificate (MLC)
MLCMLC
00 22 33 55
= = -- 3 months3 months
=+/=+/-- 6 months6 months
Inspections shall take place at the intervals as shown above, but for ships without certification requirements, the interval shall in no case exceed three years .
Declaration of Maritime Labour Compliance
DMLC part I : Shall be drawn up by the flag state
� List of matters to be inspected in accordance with the 14 items
� Reference to the relevant national requirements
� Refer to ship-type specific requirements under national legislation
� Record any substantially equivalent provisions
� Record exemption granted by the flag state
DMLC part II: Shall be drawn up by the shipowner
� Comply with the convention and national requirements
� Ensure ongoing compliance and continuous improvement
The DMLC has to be certified before MLC can be issu ed
© DNV. All rights reserved. Slide 1409 March 2009
Agenda� Introduction
� Inspection and certificate
� Content
� Challenges, preparation and implementation
� Summary
Content - Introduction
� Update and consolidate more than 60 existing ILO conventions and recommendations
� Requirements regarding:- Formalities
E.g. employment agreement, medical certificate, account of payments
- Operational E.g. working hours and rest, food and catering, health and safety protection
- Lay-out/physical conditionsE.g. accommodation and recreation facilities
© DNV. All rights reserved. Slide 1609 March 2009
Minimum requirements for seafarers to work on a ship
Title 1
� Minimum age
� Medical certificate
� Training and qualifications
� Recruitment and placement
© DNV. All rights reserved. Slide 1709 March 2009
Conditions of employment
Title 2
� Seafarers’ employment agreements � Wages � Hours of work and hours of rest � Entitlement to leave � Repatriation� Seafarer compensation for the ship’s loss or foundering� Manning levels� Career and skill development and opportunities for seafarers’ employment
Accommodation, recreational facilities, food and catering
�Accommodation and recreational
facilities
�Food and catering
© DNV. All rights reserved. Slide 1809 March 2009
Title 3
Accommodation and recreation facilitiesC133
Country Ratification
date
Australia 11:06:1992
Azerbaijan 19:05:1992
Belize 15:07:2005
Brazil 16:04:1992
Côte d'Ivoire 19:06:1972
Denmark 10:07:2003
Finland 22:11:1974
France 24:03:1972
Germany 14:08:1974
Greece 24:09:1986
Guinea 26:05:1977
Israel 21:08:1980
Italy 23:06:1981
Kyrgyzstan 31:03:1992
Latvia 13:01:2006
Lebanon 06:12:1993
Liberia 08:05:1978
Luxembourg 30:11:2005
Republic of Moldova 12:12:2005
Netherlands 08:01:1985
New Zealand 31:05:1977
Nigeria 12:06:1973
Norway 14:03:1975
Poland 09:10:1975
Romania 11:10:2000
Russian Federation 27:08:1990
Sweden 17:02:1972
Tajikistan 26:11:1993
Turkey 17:03:2005
Ukraine 24:08:1993
United Kingdom 26:03:1981
Uruguay 02:06:1977
C92
Country Ratification
date Country
Ratification date
Algeria 19:10:1962 Italy 23:06:1981
Angola 04:06:1976 Kyrgyzstan 31:03:1992
Australia 11:06:1992 Liberia 21:06:1977
Azerbaijan 19:05:1992 Luxembourg 15:02:1991
Belgium 30:08:1962 The former Yugoslav Republic of Macedonia 17:11:1991
Belize 15:07:2005 Republic of Moldova 12:12:2005
Bosnia and Herzegovina 02:06:1993 Montenegro 03:06:2006
Brazil 08:06:1954 Netherlands 17:06:1958
Costa Rica 02:06:1960 New Zealand 31:05:1977
Croatia 08:10:1991 Norway 29:06:1950
Cuba 29:04:1952 Panama 04:06:1971
Cyprus 19:09:1995 Poland 13:04:1954
Denmark 30:09:1950 Portugal 29:07:1952
Egypt 04:08:1982 Romania 11:10:2000
Equatorial Guinea 23:04:1996 Russian Federation 04:11:1969
Finland 22:12:1951 Serbia 24:11:2000
France 26:10:1951 Slovenia 29:05:1992
Germany 14:08:1974 Spain 14:07:1971
Ghana 18:03:1965 Sweden 18:07:1950
Greece 02:12:1986 Tajikistan 26:11:1993
Guinea-Bissau 21:02:1977 Turkey 17:03:2005
Iraq 01:12:1977 Ukraine 17:06:1970
Ireland 21:07:1952 United Kingdom 06:08:1953
Israel 21:08:1980
32 countries
47 countries
C 147: 55 countries P 147: 23 countries
Health protection, medical care, welfare and social security protection
� Medical care on board ship and ashore
� Shipowners’ liability
� Health and safety protection and accident prevention
� Access to shore-based welfare facilities
� Social security
© DNV. All rights reserved. Slide 2009 March 2009
Title 4
© DNV. All rights reserved. Slide 2109 March 2009
Compliance and enforcement
Title 5
� Flag state responsibilities
� Onboard compliant procedures
� Port State responsibilities
� Labour supplying responsibility
© DNV. All rights reserved. Slide 2209 March 2009
Agenda� Introduction
� Inspection and certificate
� Content
� Challenges, preparation and implementation
� Summary
Shipowner preparation and implementation
� Preparing for the new requirements:
- Conduct Gap Analysis MLC 2006 vs. existing procedures
- Evaluate procedures for implementation
- Evaluate the need for updating procedures
- Evaluate the need for new procedures
- Prepare ship and seafarers and company officers for implementation and compliance
- Evaluate need for training in order to ensure effective implementation and compliance
- Establish system to ensure continuous compliance
How can DNV help?
� Seminars and training service
� Gap analysis service
� Voluntary declaration of compliance
� Risk Analysis Training service
Aim to be RO:
One stop shop for inspection and certification in due time
© DNV. All rights reserved. Slide 2509 March 2009
Agenda� Introduction
� Inspection and certificate
� Content
� Challenges, preparation and implementation
� Summary
© DNV. All rights reserved. Slide 2609 March 2009
� Entry into force expected in 2011
� Upon entry into force all ships coming within the scope of the Convention will have to be inspected and ships above 500 tons ininternational trade have to be certified
� Ships from non ratifying states will be met by the ”No more favorable treatment” clause when entering port of a ratifying state (that is they risk a full inspection against Convention requirements”
� We recommend to start work now – at least to identify scope of work to be done and time needed to do it
� DNV is ready to provide services
� For further information contact your local DNV office or send an e-mail to [email protected]
Summary