Flag State Inspections 15 th & 16 th August 2017, Cape Town - - PowerPoint PPT Presentation

Understand the Marit itime Labour r Convention: Im Imple lementatio ion & how it it im impacts your organizatio ion

Flag State Inspections

15th & 16th August 2017, Cape Town

Organised by the South African International Maritime Institute

• Capt. Winston Lobo

MLC, 2006

Entered into force on 20th August 2013. South Africa ratified on 20th June 2013, entered into force

• n 20th June 2014.

The 4th pillar

Key Characteristics

• Consolidates and updates 36 existing ILO conventions

and one protocol.

• Promotes a flexible approach to implementation

through national “substantial equivalences”, alternatives and exemptions thus promoting early ratification by ILO Member States.

Contents

• Articles
• Regulations
• Code
• Part A – Standards (mandatory)
• Part B – Guidelines (non-mandatory)

Titles

The regulations and the code are organized into general areas under five titles: Title 1: Minimum requirements for seafarers to work

• n a ship

Title 2: Conditions of employment Title 3: Accommodation, recreational facilities, food and catering Title 4: Health protection, medical care, welfare and social security protection Title 5: Compliance and enforcement

Structure of the regulations & code

Vertical integration

Articles

(Scope, definitions, core principles, implementation, amendment)

Regulations Standard Guideline

A B

Regulations Standard Guideline Regulations Standard Guideline Regulations Standard Guideline Regulations Standard Guideline

Title 1 Minimum requirements Title 2 Employment conditions Title 3 Accommodation, food & catering Title 4 Health, welfare & social security Title 5 Compliance & enforcement

Mandatory Non- binding

Code

Structure of the regulations & code

Each title contains regulations, followed by the code

• Regulation 1.1 – Minimum age
• Standard A1.1 – Minimum age
• Guideline B1.1 – Minimum age

Definitions & scope of application

Article II - Definitions and scope of application

• (f) SEAFARER means any person who is employed
• r engaged or works in any capacity on board a

ship to which this convention applies;

• (i) 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;

• Cases of doubt (Article II (3) &(5))

Definitions & scope of application

• (j) SHIPOWNER means the owner of the ship or

another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the

• wner and who, on assuming such responsibility, has

agreed to take over the duties and responsibilities imposed on shipowners in accordance with this convention, regardless of whether any other

• rganization or persons fulfil certain of the duties or

responsibilities on behalf of the shipowner.

Definitions & scope of application

Exemptions

• Exemption for vessels <200 GT not engaged on

international voyages dealt with in Article II (6)

• only after consultation with Ship owners and

Seafarers organizations

• Provided the provisions are dealt with differently

Fundamental rights & principles

Article III

• Freedom of association and right to collective

bargaining

• Elimination of forced labour
• Abolition of child labour
• Elimination of discrimination

Seafarers’ employment and social rights

Article IV

• Safe and secure workplace
• Fair terms of employment
• Decent working and living conditions
• Health protection, medical care, welfare measures,

social protection

Implementation and enforcement responsibilities

Article V

• Flag State responsibilities
• Port State responsibilities
• Labour supplying countries responsibilities
• No more favourable treatment

Substantial equivalence

Article VI

• Member shall satisfies itself that alternative solution

is conducive to achievement of general object and purpose and gives effect to particular provision in question

Article XIII

• Keeping the Convention under continuous review
• Committee consists of members with special

competence in the maritime field

• Non ratified countries can participate but have no

right to vote

• Weighted voting power
• Important consultative role for countries that do not

have shipowners‘ or seafarers‘ organizations.

Special Tripartite Committee

Article XIV and XV

• Accelerated procedure for Code
• Amendment proposal from at least 5 Members
• Six-month period for observations
• Approval by Special Tripartite Committee and

International Labour Conference

• Two years for formal disagreement, otherwise tacit

acceptance

Amendments to the Convention and Code

• Title 5 adds “teeth” to Convention
• “Substantial equivalence”

Title 5 - Compliance and enforcement

Regulation 5.1 - Flag State responsibilities Regulations 5.1.1 – General principles

• Flag state is responsible for administering an effective

system of inspection and a certification

• May authorize ROs to inspect and/or certify on its

behalf, however retains responsibility for inspection and certification

• A maritime labour certificate and the declaration of

maritime labour compliance, shall constitute evidence that the ship complies with the MLC requirements

Title 5 - Compliance and enforcement

Regulation 5.1.2 – Authorization of recognized

• rganizations
• Recognized as competent and independent
• Authorized to inspect and require rectification of

deficiencies

• Subject to Flag state oversight
• List of authorized ROs communicated to ILO

Title 5 - Compliance and enforcement

Regulation 5.1.3 - Maritime labour certificate and declaration of maritime labour compliance

• Required for ships > 500 GT on international voyages
• Required for ships > 500 GT, operating from a port, or

between ports, in another country.

• Ships < 500 GT certified at the request of the owner
• 3 documents to be on board,

1) Maritime Labour Certificate 2) Declaration of Maritime labour Compliance – Part I 3) Declaration of Maritime labour Compliance – Part II

Title 5 - Compliance and enforcement

Certification – Declaration of maritime labour compliance (DMLC)

• Part I shall be drawn up by the competent authority

which shall:

• identify the list of matters to be inspected
• identify national requirements to be complied with
• record any substantially equivalent provisions and

exemptions granted by the competent authority

Title 5 - Compliance and enforcement

• DMLC Part I is issued by

SAMSA

Title 5 - Compliance and enforcement

Certification – Declaration of maritime labour compliance (DMLC)

• Part II shall be drawn up by the ship owner and shall

identify:

• the measures to ensure continuous improvement

and ongoing compliance with the national requirements specified in Part I

• Part II shall be certified by the competent authority

DMLC Part II and MLC is issued by the RO

Title 5 - Compliance and enforcement

• DMLC Part II is drawn up

by the shipowner and following an inspection is certified SAMSA

Title 5 - Compliance and enforcement

Declaration of Maritime Labour Compliance and Issuing of Maritime Labour Certificate, Regulation 6 of the Maritime Labour Certificate and Declaration of Compliance Regulations, 2017 states

• The shipowner must make an application to the

Authority for the issue of a Maritime Labour Certificate by completing Part II of DMLC

• The Authority to conduct an inspection of the ship

and an audit of the shipowner.

• If satisfied, it will complete Part I of DMLC and issue

the ship with a Maritime Labour Certificate, valid for a period not exceeding five years.

Title 5 - Compliance and enforcement

• Every Owner is required

to provide evidence of financial security for repatriation

Title 5 - Compliance and enforcement

• Every Owner is required

to provide evidence of financial security for shipowners liability

Title 5 - Compliance and enforcement

Interim Maritime Labour Certificate, Regulation 7 of the Maritime Labour Certificate and Declaration of Compliance Regulations, 2017 states

• The Authority may, on request issue an Interim

Maritime Labour Certificate when—

• (a) a ship is on a delivery voyage;
• (b) a ship is transferred to the South African register;
• r
• (c) a shipowner assumes responsibility for the
• peration of a ship of another shipowner.

Title 5 - Compliance and enforcement

Interim Maritime Labour Certificate

• Valid for a period not exceeding six months.
• Interim Maritime Labour Certificate issued only when
• (a) the ship has been inspected, for the 14 items

listed in Appendix A5-I of the Convention,

• (b) adequate procedures to comply with the MLC
• (c) master is familiar with the requirements of MLC

and responsible for its implementation

• (d) relevant information is submitted to produce the

Interim Maritime Labour Certificate.

Title 5 - Compliance and enforcement

Intermediate audit, Regulation 8 of the Maritime Labour Certificate and Declaration of Compliance Regulations, 2017 states

• The Authority must carry out an intermediate audit
• f each ship to ensure compliance with the

conditions for the continued validity of the Maritime Labour Certificate.

• The audit must be undertaken between the second

and third anniversary of issue date of the certificate.

• The Authority may undertake inspections at any time

that it deems fit.

Title 5 - Compliance and enforcement

Renewal of certificate, Regulation 9. of the Maritime Labour Certificate and Declaration of Compliance Regulations, 2017 states

• Before the renewal of the Maritime Labour

Certificate, the Authority must carry out a renewal audit of the shipowner and inspection of the ship

Title 5 - Compliance and enforcement

Renewal of certificate

• When the renewal inspection is completed within

three months before the expiry, the new Maritime Labour Certificate shall be valid from the date of completion of the renewal inspection of the ship for a period not exceeding five years from the date of expiry of the existing certificate.

• When the renewal inspection is completed more

than three months before the expiry, the new Maritime Labour Certificate shall be valid for a period not exceeding five years starting from the date of completion of the renewal inspection of the ship.

Title 5 - Compliance and enforcement

• MLC, DMLC and English translation posted on board
• MLC ceases to be valid:
• when a ship changes flag
• when a shipowner ceases to assume the

responsibility for the operation of a ship

• intermediate inspection not completed and the

certificate is not endorsed

• when substantial changes have been made to the

structure or equipment

Title 5 - Compliance and enforcement

• MLC to be withdrawn, if there is evidence that the

ship concerned does not comply with the requirements of the Convention and any required corrective action has not been taken

• Serious and repeated non-compliance

Title 5 - Compliance and enforcement

Powers of audit, inspection, suspension of service and detention, Regulation 10 of the Maritime Labour Certificate and Declaration of Compliance Regulations, 2017 states Suspension of service -

• the Authority may conduct an audit of a shipowner or

inspection of any ship regarding compliance; and

• the Authority may, if satisfied that a shipowner or

ship, despite holding a DMLC or a MLC, operates a vessel in contravention of the Regulations, suspend both the certificate and declaration until such time as the Convention is complied with.

Title 5 - Compliance and enforcement

Regulation 5.1.4 – Inspection and enforcement

• Effective and coordinated system of regular

inspections, monitoring and other control measures,

• Requirements regarding the inspection and

enforcement system are set out in Part A of the Code.

Title 5 - Compliance and enforcement

Standard A5.1.4

• Inspection of the conditions for seafarers on ships
• Provide sufficient number of inspectors
• Draw up documents for inspections
• Inspectors to be trained and have required powers
• Develop rules and guidelines for inspectors
• Reporting responsibilities
• Manage complaints

Title 5 - Compliance and enforcement

Inspectors -

• Significant danger to seafarers safety, health or

security, to prohibit a ship, until necessary actions taken

• Inspector to maintain confidentiality
• Inspection reports in triplicate
• Avoid undue delay
• Compensation for loss or damage due to delay
• Penalties and other corrective measures for breaches

Title 5 - Compliance and enforcement

Powers of audit, inspection, suspension of service and detention, Regulation 10 of the Maritime Labour Certificate and Declaration of Compliance Regulations, 2017 states

• An authorised person performing functions in terms
• f this regulation who is not a surveyor has all the

powers conferred upon a surveyor by section 9 of the Act.

Title 5 - Compliance and enforcement

Powers of audit, inspection, suspension of service and detention, Regulation 10 of the Maritime Labour Certificate and Declaration of Compliance Regulations, 2017 states Detention -

• the Authority may conduct an audit any shipowner or

inspection of any ship regarding compliance

• the Authority may, if satisfied that there is a failure to

comply with the Regulations, cause the ship to be detained.

Title 5 - Compliance and enforcement

Suspension or cancellation of Declaration of Maritime Labour Compliance and Maritime Labour Certificate, Regulation 11 of the Maritime Labour Certificate and Declaration of Compliance Regulations, 2017 states

• The Authority may, by notice in writing, suspend or

cancel any DMLC and MLC, where any audit of a shipowner or inspection of a ship has revealed, or where it believes on reasonable grounds, that—

• the MLC or DML was issued on false or erroneous

information; or

• the ownership of the ship has changed

Title 5 - Compliance and enforcement

Issuing of certificates on behalf of other governments, Regulation 12 of the Maritime Labour Certificate and Declaration of Compliance Regulations, 2017 states

• The Authority may, at the request of the Government
• f another State to which the Convention applies—
• (a) audit and inspect the systems of shipowners and

ships registered in that State; and

• (b) if satisfied that the requirements are complied

with, and the audit and inspection has been completed satisfactorily in accordance with these Regulations, issue to the ship a MLC or endorse such certificates after an intermediate audit.

Title 5 - Compliance and enforcement

Offences and penalties, Regulation 13 states

• A shipowner that contravenes regulations 4 and 5

shall be guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding 12 months.

• A master who contravenes regulations 4 and 5 is

guilty of an offence

• Any person who contravenes regulation 11(3)(a), (b),

(c), (d) or (e) is guilty of an offence.

Title 5 - Compliance and enforcement

Regulation 5.1.5 – On-board complaint procedures

• Requires ships to have on-board procedures for the

fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of this Convention (including seafarers’ rights).

• Shall prohibit and penalize any kind of victimization
• f a seafarer for filing a complaint.
• MN 20 of 2013 - South African Maritime Safety

Authority: National Contact Point for Complaints lodged in terms of the Maritime Labour Convention, 2006.

Title 5 - Compliance and enforcement

Regulation 5.1.6 – Marine casualties

• Each Member shall hold an official inquiry into any

serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag. The final report of an inquiry shall normally be made public.

• Members shall cooperate with each other to facilitate

the investigation of serious marine casualties.

Title 5 - Compliance and enforcement

ILO Publications

Guidelines for Flag State Inspections

ILO Publications

Frequently Asked Questions (FAQ) 4th Edition, 2015

Thank You