Leading the way; making a difference Filipino Seafarers and the EMSA audit Bill Box INTERTANKO.

Leading the way; making a difference

Filipino Seafarers and the EMSA audit

Bill BoxINTERTANKO


Structure of the talk

Why is this an issue?LegislationEMSA audit processDecision points – audit concernsTimelinePossible outcomes Contingency planning


Why is this an issue?

80,000 Filipino seafarers on EU ships

Endorsement of training equivalence required ...

... or Filipino officers not allowed to sail on EU flagged ships


Legislation

STCW Convention – obligation on Member States to endorse only CoCs that up to standard

I/10 Recognition of CertificatesI/8 Quality StandardsI/2 Certificates and Endorsements


I/10 Recognition of Certificates

... the Administration has confirmed, through an evaluation of that Party, which may include inspection of facilities and procedures, that the requirements of the Convention regarding standards of competence, training and certification and quality standards are fully complied with


I/8 Quality Standards

1.1 ... all training, assessment of competence, certification, endorsement and revalidation activities carried out by non-governmental agencies or entities under its authority are continuously monitored through a quality standards system to ensure achievement of defined objectives, .2 where governmental agencies or entities perform such activities, there shall be a quality standards system.


I/2 Certificates and Endorsements

... shall endorse such certificate to attest its recognition only after ensuring the authenticity and validity of the certificate ...

The endorsement shall only be issued if all requirements of the Convention have been complied with.


Flag State endorsement

Evaluation of the issuer’s systemQuality standards systemAll requirements of the ConventionThen an endorsement can be issuedThen seafarer can sail under another flag


EMSA audit process

EMSA evaluations of Filipino admin:

•2006 highlighted failings•2006-2010 EMSA inaction re Philippines•2010 first real threat of a ban•2010-2013 three follow-up inspections


October 2013 final inspection

Decision points – audit concerns

1. Quality standards System 2. Programme and course approval3. Monitoring and evaluation of training and

assessment 4. Maritime education and training institutions


Quality Standards System

EMSA found limited evidence of QSS implementation

Response: QSS not fully implemented as only running < 6 months


Programme and course approval

EMSA concerns over management level courses – no consistency in delivery

Response: New syllabi developed and being implemented


Monitoring and evaluation of training and assessment

EMSA saw non-uniform assessment of monitoring activities - different evaluators = different results

Response: More uniform training


Maritime education and training institutions

EMSA found some institutions usingeasy, unchallenging questions

Response: cracking down on standards


Philippines Response

Serious engagement by government

Joint House Bill reinforcing MARINA

Philippines not too big to fail

Government ‘gets it’


Timeline - report

1. 20 February was deadline for Philippines Government to respond and correct factual errors.

2. EMSA finalise report (no specific deadline) and send to European Commission (EC).


Timeline – EC decision

3. EC to decide on recommendation regarding derecognition of Philippines-issued CoCs and endorsements oil/gas/chemicals.

Decision point most likely before the summer break.


Timeline - COSS

4. Recommendation from EC then placed in front of the Committee on Safety of Sea (COSS).


Timeline - decision and implementation

5. EU Member States who make up COSS decide on the EC recommendation.

6. Decision of COSS implemented in legislatures of Member States

Any ban would take place from end of 2014 at the VERY earliest.


Possible outcomes

Complete ban on endorsements

Partial ban due to some poor training

No ban and no deficiencies


Complete ban

EC decides Philippines not in complete compliance

Precedents:Georgia banned for 5 yearsPhilippines aircraft for 3 years

Not inconceivable.


Partial Ban

EC decides that only part of the Convention is being complied with.But no option exists for partial compliance.

‘The endorsement shall only be issued if all requirements of the Convention have been complied with.’ (I2)


No ban

If EC decides that they are in full compliance, with no deficiencies, then no ban.But, need to downgrade any deficiencies to observations.Elicit technical assistance from EU States.


Technical assistance

‘Directive 2008/106/EC only allows for the recognition or withdrawal of recognition of national maritime education and training systems’(Nov 2012 Report)


Technical assistance

‘Since one of the main obstacles for the Philippines to achieve STCW compliance is the lack of technical qualified human resources in charge of school-monitoring, Member States might be willing to assist the authorities in developing the needed capacity in this field’(Nov 2012 report)


Contingency planning

New 5-year endorsementsOnly applies to EU-flagged shipsFilipino seafarers trained in Philippines, but examined in an EU State


Thank you

Leading the way; making a difference Filipino Seafarers and the EMSA audit Bill Box INTERTANKO.

Documents

Transcript of Leading the way; making a difference Filipino Seafarers and the EMSA audit Bill Box INTERTANKO.