The Maritime Labour Convention (MLC) 2006

Transcription

1 The Maritime Labour Convention (MLC) 2006 Bulkforum Wenche M. Lunde March 10th 2009

2 Agenda Introduction Inspection and certificate Content Challenges, preparation and implementation Summary Slide 2

3 Background The Maritime Labour Convention (MLC 2006) was adopted by ILO in February 2006 Updating and consolidating existing ILO Conventions EMPLOYER GOVERNMENT ILO EMPLOYEE MLC 2006 provides comprehensive rights and protection at work for the world's more than 1.2 million seafarers. Slide 3

4 The Maritime Labour Convention 2006 Safety at sea and for seafarers SOLAS MARPOL STCW MLC 2006 MLC 2006 as the 4th pillar in the international maritime regulation DNV. All rights reserved. 09 March 2009 Slide 4

5 The goals of the MLC Updating and consolidating existing ILO Conventions, such as 92, 133, 134, 147, 164, 178 and 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) Slide 5

6 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 Slide 6

7 MLC 2006 process (?) 2011 (?) Feb MLC 2006 adopted March countries ratified, with about 40% of the world tonnage Per? 30 countries ratified, with more than 33% of the world tonnage After 1 year MLC 2006 enter into force All ships above 500 gt. from MLC countries or trading in MLC ports need MLC and DMLC

8 Scope The Convention applies to all Seafarers Seafarer means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies Ships whether 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 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 Slide 8

9 Agenda Introduction Inspection and certificate Content Challenges, preparation and implementation Summary Slide 9

10 MLC and DMLC All ships 500 tons and above in international trade will need: Maritime Labour Certificate (MLC) and Declaration of Maritime Labour Compliance (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]

11 Certification 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 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 On-board medical care On-board complaint procedures Payment of wages Some requirements relevant for the construction Seafarers employment agreements Slide 11

12 Maritime Labour Certificate (MLC) MLC = - 3 months =+/- 6 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.

13 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 issued

14 Agenda Introduction Inspection and certificate Content Challenges, preparation and implementation Summary Slide 14

15 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 conditions E.g. accommodation and recreation facilities

16 Title 1 Minimum requirements for seafarers to work on a ship Minimum age Medical certificate Training and qualifications Recruitment and placement Slide 16

17 Title 2 Conditions of employment 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 Slide 17

18 Title 3 Accommodation, recreational facilities, food and catering Accommodation and recreational facilities Food and catering Slide 18

19 Accommodation and recreation facilities Country Ratification date C92 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: countries 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 C 147: 55 countries Country C133 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: countries 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 P 147: 23 countries

20 Title 4 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 Slide 20

21 Title 5 Compliance and enforcement Flag state responsibilities Onboard compliant procedures Port State responsibilities Labour supplying responsibility Slide 21

22 Agenda Introduction Inspection and certificate Content Challenges, preparation and implementation Summary Slide 22

23 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

24 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

25 Agenda Introduction Inspection and certificate Content Challenges, preparation and implementation Summary Slide 25

26 Summary 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 in international 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 to MLC@dnv.com Slide 26

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