1. INTERNATIONAL CONVENTION FOR THE SAFETY OF LFE AT SEA (SOLAS) 1974
Technical provisions
The main objective of the SOLAS Convention is to specify minimum standards for the construction, equipment and operation of ships, compatible with their safety. Flag States are responsible for ensuring that ships under their flag comply with its requirements, and a number of certificates are prescribed in the Convention as proof that this has been done. Control provisions also allow Contracting Governments to inspect ships of other Contracting States if there are clear grounds for believing that the ship and its equipment do not substantially comply with the requirements of the Convention - this procedure is known as port State control. The current SOLAS Convention includes Articles setting out general obligations, amendment procedure and so on, followed by an Annex divided into 14 Chapters.
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
Includes detailed fire safety provisions for all ships and specific measures for passenger ships, cargo ships and tankers.
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. The International Life-Saving Appliance (LSA) Code gives specific technical requirements for LSAs 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.
Chapter IV - Radiocommunications
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 (EPIRBs) and search and rescue transponders (SARTs) 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.
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 International Grain Code.
The regulations are contained in three parts:
Chapter VIII - Nuclear ships
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.
The Chapter makes mandatory the International Safety Management (ISM) Code, which requires a safety management system to be established by the shipowner or any person who has assumed responsibility for the ship (the "Company").
The Chapter makes mandatory the International Code of Safety for High-Speed Craft (HSC Code).
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.
Chapter XI-2 - Special measures to enhance maritime security
Regulation XI-2/3 of the chapter enshrines the International Ship and Port Facilities Security Code (ISPS Code). Part A of the Code is mandatory and part B contains guidance as to how best to comply with the mandatory requirements. Regulation XI-2/8 confirms the role of the Master in exercising his professional judgement over decisions necessary to maintain the security of the ship. It says he shall not be constrained by the Company, the charterer or any other person in this respect.
Chapter XII - Additional safety measures for bulk carriers
The Chapter includes structural requirements for bulk carriers over 150 metres in length.
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).
2. INTERNATIONAL CONVENTION FOR THE PREVENTION OF THE POLLUTION FROM SHIPS (MARPOL) 73/78
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The International Convention for the Prevention of Pollution from Ships (MARPOL) is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes.
Annex II Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk (entered into force 2 October 1983)
Annex III Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form (entered into force 1 July 1992)
Contains general requirements for the issuing of detailed standards on packing, marking, labelling, documentation, stowage, quantity limitations, exceptions and notifications. For the purpose of this Annex, “harmful substances” are those substances which are identified as marine pollutants in the International Maritime Dangerous Goods Code (IMDG Code) or which meet the criteria in the Appendix of Annex III.
Annex IV Prevention of Pollution by Sewage from Ships (entered into force 27 September 2003)
Sets limits on sulphur oxide and nitrogen oxide emissions from ship exhausts and prohibits deliberate emissions of ozone depleting substances; designated emission control areas set more stringent standards for SOx, NOx and particulate matter. A chapter adopted in 2011 covers mandatory technical and operational energy efficiency measures aimed at reducing greenhouse gas emissions from ships.
3. MARITIME LABOUR CONVENTION
SOURCE : https://en.wikipedia.org/wiki/Maritime_Labour_Convention
The Maritime Labour Convention (MLC) is an International Labour Organization convention, number 186, established in 2006 as the fourth pillar of international maritime law and embodies "all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour Conventions".[2] The other "pillars are the SOLAS, STCW and MARPOL. The treaties applies to all ships entering the harbours of parties to the treaty (port states), as well as to all states flying the flag of state party (flag states, as of 2019: over 90 per cent).
The convention entered into force on 20 August 2013, one year after registering 30 ratifications of countries representing over 33 per cent of the world gross tonnage of ships.[1] Already after five ratifications the ratifying countries (Bahamas, Norway, Liberia, Marshall Islands, and Panama) represented over 43 per cent of the gross world tonnage[3] (which is over 33 per cent; the second requirement for entry into force). As of September 2019, the convention has been ratified by 97[4] states representing over 91 per cent of global shipping.
Although the Convention has not been ratified worldwide, it has widespread effect because vessels from non-signatory states that attempt to enter ports of signatory states may face arrest and penalties for non-compliance with the MLC.
The convention consists of the sixteen articles containing general provisions as well as the Code. The Code consists of five Titles in which specific provisions are grouped by standard (or in Title 5: mode of enforcement):
- Title 1: Minimum requirements for seafarers to work on 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
For Each Title, there are general Regulations, which are further specified in mandatory Standards (list A) as well as Guidelines (List B). Guidelines generally form a form of implementation of a Regulation according to the requirements, but States are free to have different implementation measures. Regulations and Standards should in principle be implemented fully, but a country can implement a "substantially equivalent" regulation, which it should declare upon ratification.
Some seafarers criticize the convention, saying that it lacks teeth, does not address real issues, and skirts important seafarer needs such as decent sized cabins, cupboards in cabins, shore leave, and rest hours by including them into Guidelines (List B) of the convention—or worse, by not addressing them at all.
Title 1: Minimum requirements for seafarers to work on a ship
The minimum requirements set out in this section of the code are divided in 4 parts and are summarized below:
- Minimum age requirements: the minimum age is 16 years (18 for night work and work in hazardous areas).
- Medical fitness: workers should be medically fit for the duties they are performing. Countries should issue medical certificates as defined in the STCW (or use a similar standard).
- Training: Seafarers should be trained for their duties as well as have had a personal safety training.
- Recruitment/placement services located in member states or for ships flying the flag of member states should have (among others) proper placement procedures, registration, complaint procedures and compensation if the recruitment fails
Title 2: Employment condition
The Title on employment conditions lists conditions of the contract and payments, as well as the working conditions on ships.
- Contracts: the contract should be clear, legally enforceable and incorporate collective bargaining agreements (if existent).
- Payments: Wages should be paid at least every month, and should be transferable regularly to family if so desired.
- Rest hours: rest hours should be implemented in national legislation. The maximum hours of work in that legislation should not exceed 14 hours in any 24-hour period and 72 hours in any seven-day period, or: at least ten hours of rest in any 24-hour period and 77 hours (rest) in any seven-day period. Furthermore, the daily hours of rest may not be divided into more than two periods and, at least six hours of rest should be given consecutively in one of those two periods.
- Leave: Seafarers have a right to annual leave as well as shore leave.
- Repatriation: Returning to their country of residence should be free.
- Loss: If a ship is lost or foundered, the seafarers have a right to an unemployment payments.
- Manning: Every ship should have a sufficient manning level.
- Development and opportunities: Every seafarer has a right to be promoted during his career except in cases where there is a violation of a statute or code of conduct, which inevitably hinders such promotion. Also, skill development and employment opportunities should be made available for each and every seafarer.
Title 3: Accommodation, Recreational Facilities, Food and Catering
The title specifies rules detailed rules for accommodation and recreational facilities, as well as food and catering.
- Accommodation: Accommodation for living and/or working should be "promoting the seafarers' health and well-being". Detailed provisions (in rules and guidelines) give minimum requirements for various types of rooms (mess rooms, recreational rooms, dorms etc.).
- Food and Catering: Both food quality and quantity, including water should be regulated in the flag state. Furthermore, cooks should have proper training.
Title 4: Health Protection, Medical Care, Welfare and Social Security Protection
Title 4 consists of 5 regulations about Health, Liability, Medical care, Welfare and Social security.
- Medical care on board ship and ashore: Seafarers should be covered for and have access to medical care while on board; in principle at no cost and of a quality comparable to the standards of health care on shore. Countries through which territory a ship is passing should guarantee treatment on shore in serious cases.
- Shipowners' liability: Seafarers should be protected from the financial effects of "sickness, injury or death occurring in connection with their employment". This includes at least 16 weeks of payment of wages after start of sickness.
- Health and safety protection and accident prevention: A safe and hygienic environment should be provided to seafarers both during working and resting hours and measures should be taken to take reasonable safety measures.
- Access to shore-based welfare facilities: Port states should provide "welfare, cultural, recreational and information facilities and services" and to provide easy access to these services. The access to these facilities should be open to all seafarers irrespective of race, sex, religion or political opinion.
- Social security: Social security coverage should be available to seafarers (and in case it is customary in the flag state: their relatives).
Title 5: Compliance and Enforcement
Title 5 sets standards to ensure compliance with the convention. The title distinguishes requirements for flag state and port state control.
- Flag states: Flag states (the state under which flag the ship operates) are responsible for ensuring implementation of the rules on the ships that fly its flag. Detailed inspections result in the issue of a "Certificate of Maritime Compliance", which should always be present (and valid) on a ship. Ships are required to have decent complaints procedures in place for its crew and should institute investigations in case of casualties.
- Port States: The inspection in ports depends on whether a Certificate of Maritime Compliance is present (and thus a flag is flown of a country which has ratified the convention). If the Certificate is present, compliance is to be assumed in principle, and further investigations only take place if the certificate is not in order or there are indications of non-compliance. For ships that don't have the certificate, inspections are much more detailed and should ensure -according to a "no more favorable treatment principle"[6] that the ship has complied with the provisions of the convention. The convention is thus -indirectly- also valid for ships of non-member countries if they plan to call to ports of a member state.
- Labour agencies: Agencies supplying on maritime workers to ships should also be inspected to ensure that they apply the convention (among others the regulations regarding to social security).
International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 was adopted on 7 July 1978 and entered into force on 28 April 1984. The main purpose of the Convention is to promote safety of life and property at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers.
Amendment Procedure
Amendments to the 1978 STCW Convention's technical Annex may be adopted by a Conference of STCW Parties or by IMO's Maritime Safety Committee, expanded to include all Contracting Parties, some of whom may not be members of the Organization.
Amendments to the STCW Annex will normally enter into force one and a half years after being communicated to all Parties unless, in the meantime, they are rejected by one-third of the Parties or by Parties whose combined fleets represent 50 per cent of world tonnage.
The STCW Convention & Code 2010 Manila Amendments
- Improved measures to prevent fraudulent practices associated with certificates of competency and strengthen the evaluation process (monitoring of Parties' compliance with the Convention);
- Revised requirements on hours of work and rest and new requirements for the prevention of drug and alcohol abuse, as well as updated standards relating to medical fitness standards for seafarers;
- New certification requirements for able seafarers;
- New requirements relating to training in modern technology such as electronic charts and information systems (ECDIS);
- New requirements for marine environment awareness training and training in leadership and teamwork;
- New training and certification requirements for electro-technical officers;
- Updating of competence requirements for personnel serving on board all types of tankers, including new requirements for personnel serving on liquefied gas tankers;
- New requirements for security training, as well as provisions to ensure that seafarers are properly trained to cope if their ship comes under attack by pirates;
- Introduction of modern training methodology including distance learning and web-based learning;
- New training guidance for personnel serving on board ships operating in polar waters; and
- New training guidance for personnel operating Dynamic Positioning Systems
The STCW Code
The regulations contained in the Convention are supported by sections in the STCW Code. Generally speaking, the Convention contains basic requirements which are then enlarged upon and explained in the Code.
Part A of the Code is mandatory. The minimum standards of competence required for seagoing personnel are given in detail in a series of tables. Chapter II of the Code, for example, deals with standards regarding the master and deck department.
Part B of the Code contains recommended guidance which is intended to help Parties implement the Convention. The measures suggested are not mandatory and the examples given are only intended to illustrate how certain Convention requirements may be complied with. However, the recommendations in general represent an approach that has been harmonized by discussions within IMO and consultation with other international organizations.
List of STCW Parties - Confirmed STCW Parties (regulation I/7)
List of STCW Parties - Independent evaluation (regulation I/8)
Maritime training institutions approved by Member States
The STCW Convention requires that training leading to the issue of a certificate is 'approved'.
The International Maritime Organization does not approve any training courses or institutes. This is a privilege and responsibility of Member Governments who are Parties to the STCW Convention.
Approval is normally given by the Maritime Administration of an STCW Party in accordance with the Convention requirements.
Amongst other things, the Convention requires that training and assessment of seafarers are administered, supervised and monitored in accordance with the provisions of the STCW Code; and those responsible for training and assessment of competence of seafarers are appropriately qualified in accordance with the provisions of the Code.
The initial approval of a maritime training programme by a Maritime Administration might include assessment of items such as those listed below in order to ensure that the training institute or training programme meet the appropriate STCW Convention standards:
- Scope and objectives of the training - e.g. to meet the requirements of STCW regulation II/1.
- Minimum entry standards - age, sea experience, other training, medical fitness etc.
- Intake limitations, student/staff ratio etc.
- Staff qualifications, experience in subject, teaching skills, assessment skills.
- Facilities and equipment necessary to meet objectives.
- The written programmes, syllabus, timetable and course material.
- Method of training: lectures, practical, videos etc and percentage of time devoted to each.
- Assessment: methods: examination, practical, continuous assessment etc.
- Certification to be issued on completion to meet STCW requirements.
- Maintenance of student and other records.
- Security of information.
- Quality standards system requirements to ensure standards are maintained.
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