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INDUSTRY RESPONSE/

SEAFARER CONCERNS

Understanding the MLC, 2006 &Revised STCW Regulations

29 October 2009

5th Maritime HR & Crew Development ACI Conference

London, UKPresented by: Captain Robert A. Fay

Senior Vice President, Maritime Operations

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TRIPARTITE AGREEMENT

MLC

SEAFARERS

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THE REPUBLIC OF THE MARSHALL ISLANDS

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WHO ARE WE?

International Registries, Inc. and its affiliates are the Maritimeand Corporate Administrators of the Marshall Islands Registry

International Registries, Inc. provides a broad spectrum ofservices for the shipping and financial services industries

As of 30 September 2009:

2066 vessels 50,589,810 gross tons

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MLC, 2006 RATIFICATION

68 ILO Maritime Labour Instruments

consolidated and updated, adopted by

ILO in February 2006

Tonnage requirements have been met

with a total share of 33% or more of

the worlds gross tonnage 30

countries needed for ratification

Ratified by four largest open registries

before signed by National Flags

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WHERE WE ARE CURRENTLY

Legislative

Changes to Marshall Islands Maritime Act completed

Regulatory

Marshall Islands Marine Notices prepared to educate

stakeholders

Declaration of Maritime Labour Compliance (DMLC) Part I

DMLC established and reviewed in consultation with

recognized organizations (ROs) and inspectors

Training

ROs and inspectors

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Five Titles of the Regulations and the Code:

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

MLC REGULATIONS AND CODE

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MARITIME LABOUR CERTIFICATE

Minimum age

Medical certification

Qualifications of seafarers

Seafarer employment agreements

Use of recruitment and

placement service

Hours of work or rest

Manning levels

Accommodation

Onboard recreational facilities

Food and catering

Health and safety and accident

prevention

Onboard medical care

Onboard complaint procedures

Payment of wages

DMLC Part Icontains 14 main areas for inspection standards:

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ENFORCEMENT RESPONSIBILITIES

Submit quality assessment reports to the ILO

ILO Special Tripartite Committee will continuously review the

working of the convention

Port state inspection

Possession of Maritime Labour Certificate and DMLC is

prima facie evidence of compliance

More detailed inspection if:

Clear grounds not in compliance Reasonable grounds re-flagged to avoid compliance

Complaint alleging non-conformance

Non-conformities can result in detentions

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FLAG STATE TRANSPARENCY

Register of Vessels

Legal Infrastructure

Safety Supervision

Manning Regulations

Environmental Protection

Accident Investigation

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MLC/STCW REVIEW

Will new regulatory

initiatives deliverhighly trained crews?

Refresher training?

Reassessments?

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INDUSTRY COOPERATION

Regulatory initiatives alone fall

short

Only the combined efforts and

cooperation of all maritime industry

stakeholders can help assure the

quality and training, and ultimately

the safety, of vessels and crews

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CREW EXPECTATIONS

The MLC IS a Labour Convention

The MLC is NOT a Collective Bargaining Agreement The MLC IS an update and compilation of existing Conventions

The MLC is the MINIMUM standard required for all

The MLC is NOT a new tool for Port State Control

The MLC is a win-win-win standard for seafarers, ship owners

and governments

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BALANCING SHIP & SHORE LIFE

The MLC is designed to ensure minimum standards for seafarers

Costs and conditions will equalize for conscientious operators

and the provisions of no more favorable treatment will put

substandard ships and operators at a disadvantage

Improved living and social conditions will attract new seafarers

and help to retain experienced crews

The MLC will establish a mechanism for seafarer input andcontinuous improvement of general ship board conditions

The image of the maritime industry will improve

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BALANCING SHIP & SHORE LIFE

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VALUE-ADDED EFFECTS

Greater incentive/increased productivity

Reduced poaching of experienced crew

Less fatigue, less stress, less turnover

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STCW

GENERAL CHANGES

Harmonization of definitions with MLC

Seafarerall encompassing for shipboard personnel

Certificate of Competency/Proficiency and requirements

Able Seafarer Deck AND Engine

Establish mandatory minimum medical requirements

Strengthen accountability requirements for all parties

Recommendations for ECDIS training and other electronic methods

of navigation

Define electric/electronics officers

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STCW

DECK CHANGES

II/5 Mandatory minimum requirements for certification of ratings

as able seafarer deck

While qualified as II/4, must have 18 months of sea service or12 months with approved training and meet standards specified

in Part A of the STCW Code

Mandatory ECDIS trainingless emphasis on celestial navigation

and light signaling

Recommendations for training in OSV and Dynamic Positioning

vessels

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STCW

TANKERS/SPECIAL PURPOSE

Regulation V/1-1 Mandatory minimum requirements for training

and qualification of masters, officers and ratings on oil and

chemical tankers

Regulation V/1-2 Mandatory minimum requirements for training

and qualification of masters, officers and ratings on liquefied gas

tankers

Strengthen training, service, fire-fighting and knowledge

requirements and assessments for tanker personnel

Security awareness and refresher training requirements

strengthened for all officers and ratings

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STCW

ENGINE CHANGES

III/5 Mandatory minimum requirements for certification of ratings

as able seafarer engine in a manned engine-room or designated to

perform duties in periodically unmanned engine-room

III/6 Mandatory minimum requirements for certification of electro-technical officer

III/7 Mandatory minimum requirements for certification of senior

electro-technical officer

III/8 Mandatory minimum requirements for certification of ratings

as able seafarer electro-engineering in a manned engine-room or

designated to perform duties in periodically unmanned engine-

room

Establishes training and standards for the above capacities and

strengthens security and environmental training for all

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PLANS FOR THE FUTURE

Training and educational seminars for owners in key locations

worldwide

Factors affecting the human element on ships the peopleare

central to ensuring high quality, environmentally friendly, safe and

secure shipping (from ILO)

Sanitary and hygienic

Food handling

Accommodations

Spaces

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STRONG AND EXPERIENCED DELEGATION

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WORLDWIDE OFFICES