Preparotory Work for MLC 2006

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    LiLi KejunKejun

    Chairman & PresidentChairman & President

    May 5, 2011May 5, 2011

    Classification SocietiesClassification SocietiesPreparatory Work for MLC 2006Preparatory Work for MLC 2006

    Inspection and CertificationInspection and Certification

    Ch in a Cla ss i f i c a t io n So c i e t y

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    Co n t e n t s

    Potential role as recognized organizations1

    Results of Gap Analysis on CCS Pilot Ships2

    Inspections and certificates after authorization3

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    Potential role as recognized organization

    MLC 2006 1st comprehensive Bill ofrights for global seafarers

    MLC 2006A unified internationalstandard for global seafarers rights of

    work protection and social security

    MLC 2006together with SOLAS,

    MARPOL and STCW, constitutes the fourpillars of the international maritimeregulatory regime

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    Potential role as recognized organization

    Before MLC 2006 taking effect

    As one of IACS full members, CCS has longbeen authorized by related flagadministrations to perform survey and

    inspections according to the requirements ofthe following ILO conventions:

    ILO No.92 and/or No.133 Conventions;

    ILO No.32 and/or No.152 Conventions ;

    ILO No.68 Convention.4

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    Potential role as recognized organization

    After MLC 2006 taking effect

    RO may accept the authorization of the ILO

    members to carry out inspection of the maritime

    labour conditions on applicable ships and play the

    following roles;

    work together with governmental authorities

    for the establishment of the legal framework;

    work together with the shipping companies to

    promote the implementation of the MLC.

    Inspect the implementation of the MLC for the

    protection of seafarer employment and social

    rights. help achieve quality shipping. 5

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    As RO, CCS has been making active preparations

    since the adoption of MLC:

    Study and analysis of MLC and flag state

    requirements

    Gap analysis on the shipowner & ships status

    quo and the flag state & MLC requirements

    Cooperation on the projects to facilitate the

    ratification and implementation of the MLC

    Establishment of guidelines and necessary

    supporting explanations

    Building up the team of MLC experts and

    inspectors and conducting the training

    Inspection on pilot ships 6

    Potential role as recognized organization

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    Co n t e n t s

    Potential role as recognized organizations1

    Results of Gap Analysis on CCS Pilot ShipsResults of Gap Analysis on CCS Pilot Ships2

    Inspections and certificates after authorization3

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    No.Inspection ItemsInspectionResult

    Correction Remarks

    1 Minimum age(Regulation 1.1)

    Incompliance

    with theminimumage of 16

    The minimum age of the

    seafarer is 18 as per relevantChinese law.

    2Medicalcertification(Regulation 1.2)

    In

    compliance

    Issued according to STCW

    1978

    3Qualifications ofseafarers(Regulation 1.3)

    Incompliance

    1) Education and training:China has about 100seafarers education andtraining institutes.

    2) Examination andcertification organized byChina MSA according toIMO STCW and relevantChinese regulations.

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    Results of GAP Analysis on CCS Pilot Ships

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    No.Inspection

    ItemsInspection Result Correction Remarks

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    Seafarers

    employmentagreements(Regulation2.1)

    No detailed list ofseafarer wage

    Underdevelopment

    Labour arbitrationnot mentioned inthe agreements

    Underdevelopment

    Public holidaysnot clearlyindicated onboard

    How to implement publicholidays for seafarersof

    multi-nationalities, differentreligions and cultures on thesame ship? It is suggestedthat this be specified in thecontract and shippingcompanies pay closeattention.

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    Results of GAP Analysis on CCS Pilot Ships

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    No. Inspection ItemsInspection

    ResultCorrection Remarks

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    Use of any licensed orcertified or regulatedprivate recruitment andplacementservice (Regulation 1.4)

    The shippingcompanieschecked did notuse privaterecruitmentand placementservice

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    Hours of work or rest

    (Regulation 2.3)

    Due to variouscircumstances,captain and chiefofficers work and

    rest hours in portof calls could notmet therequirements setin the plan.

    It is suggested that theflag state consider themanning levels for shipsunder non-navigationcondition.

    Interface between ship andport to be optimized toimprove efficiency andensure basic required restduring busy operation inport

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    Results of GAP Analysis on CCS Pilot Ships

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    No. Inspection Items Inspection Result Correction Remarks

    7Manning levels forthe ship (Regulation2.7)

    In compliance with therequirements set by theminimum safety manningcertificate issued by the flagstate

    8Accommodation(Regulation 3.1)

    The ship holds thecompartment certificate incompliance with C92 and

    C133 requirements.Iron, ironing board anddrying facilities notsufficient

    To beprovided

    9On-boardrecreationalfacilities (Regulation3.1)

    No recreational facilitiesTo beprovided

    It is suggested that the

    recreationalcompartment bearranged during shipdesign and constructionstages.

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    Results of GAP Analysis on CCS Pilot Ships

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    No.Inspection

    ItemsInspection Result Correction Remarks

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    Food and

    catering(Regulation3.2)

    Lack of regularchecking records

    for galleysanitation, foodstorage anddrinking water

    Correspondingresponsibility and

    related measures tobe defined andimplemented in thequality managementsystem

    No recipeprepared

    Prepared

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    Health andsafety and

    accidentprevention(Regulation4.3)

    Fairlead notrunning freely Lubricating oiladded

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    Results of GAP Analysis on CCS Pilot Ships

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    No. Inspection ItemsInspection

    ResultCorrection Remarks

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    On-board

    complaintprocedures(Regulation5.1.5)

    No procedure forhandling seafarercomplaints

    The shipowner isdeveloping its procedurefor handling seafarer

    complaints based on theprocedure for handlingseafarer complaints onboard agreed by theadministration, shipownerand seafarer organization.

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    Payment ofwages(Regulation 2.2)

    The means of wagepayment was banktransfer but notlisted in theagreement

    To be listed

    The shipownerrequires payment ofwages only in USD

    To be clearly specified inthe agreement

    15Entitlement to

    leave(A2.4

    In compliance

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    Results of GAP Analysis on CCS Pilot Ships

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    No. Inspection Items Inspection Result Correction Remarks

    16 Repatriation(A2.5)

    Destination of

    repatriation notclearly indicatedin theagreement

    The agreement to

    be revised asrequired

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    Shipowner's

    liability (A4.2In compliance

    18Socialsecurity(A4.5)

    In compliance

    19Generalprinciples(A5.1.1.2)

    In compliance

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    Results of GAP Analysis on CCS Pilot Ships

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    Co n t e n t s

    Potential role as recognized organizations1

    Results of Gap Analysis on CCS Pilot ShipsResults of Gap Analysis on CCS Pilot Ships2

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    Inspections and certificates after authorization

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    Inspections and certificates after authorization

    (1) Before MLC taking effect

    For ships in operation

    Improve the checklist as appropriate

    Help owners to establish necessary regulations

    and management system and appoint

    designated person for MLC implementation

    conduct introduction and training on the MLC

    carry out voluntary inspection upon request ofthe shipowner and issue SOC

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    Inspections and certificates after authorization

    For newbuilding ships (NB)

    Relevant requirements (such as vibration and

    noise levels) to be clearly specified in the MLC

    implementation requirements and construction

    rules and regulationsSuch requirements to be considered during

    design stage

    Compliance with the requirements of the

    conventions to be guaranteed during

    construction.

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    Inspections and certificates after authorization

    (2) After MLC taking effect

    carry out authorized inspection and certification

    of maritime labour conditions according to the flag

    states legislation;

    The enforcement of the MLC will definitely exert a

    positive and profound influence upon the protection

    of seafarers rights and the promotion of quality

    shipping worldwide!

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    In a proactive manner, CCS will:

    conduct in-depth analysis and study onthe MLC 2006 and the flag state

    legislations to provide technical servicesfor the industrys implementation of theconvention.

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    Inspections and certificates after authorization

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    Thank you!