The Maritime Labour Convention (MLC) 2006_IMLC_and_consequences.pdfMar 10, 2009 · The Maritime...

The Maritime Labour Convention (MLC) 2006

Bulkforum

Wenche M. LundeMarch 10th 2009

© DNV. All rights reserved. Slide 209 March 2009

Agenda

� Introduction

� Inspection and certificate

� Content

� Challenges, preparation and implementation

� Summary


Background

The Maritime Labour Convention (MLC 2006) was adopted by ILO in February 2006

Updating and consolidating existing ILO Conventions

ILO

GOVERNMENT

EMPLOYEEEMPLOYER

http://www.ilo.org/public/english/standards/norm/mlc2006/

“MLC 2006 provides comprehensive rights and protection at work for the world's more than 1.2 million seafarers”.

The Maritime Labour Convention 2006


MLC 2006 as the 4th pillar in the international maritime regulation

Safety at sea and for seafarers

MLC 2006STCWMARPOLSOLAS


The goals of the MLC 2006

1. Updating and consolidating existing ILO Conventions,such as 92, 133, 134, 147, 164, 178 and 180

2. 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)


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

MLC 2006 process

Feb. 2006

MLC 2006

adopted

March. 2009

5 countries ratified,

with about 40%

of the world tonnage Per ?

30 countries ratified,

with more than 33%

of the world tonnage

2006 2009 2010 (?) 2011 (?)

All ships above

500 gt. from “MLC

countries” or trading in

“MLC ports” need

MLC and DMLC

After 1 year

MLC 2006

enter into

force


The Convention applies to all

�Seafarers

�Shipswhether 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

Scope

“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

“Seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies


Agenda� Introduction


� Content


� Summary

MLC and 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]

All ships 500 tons and above in international trade will need:

� Maritime Labour Certificate (MLC) and

� Declaration of Maritime Labour Compliance (DMLC)


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

� On-board medical care

� On-board complaint procedures

� Payment of wages

� Seafarers’ employment agreements

Certification

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

Some requirements relevant for the construction

Maritime Labour Certificate (MLC)

MLCMLC

00 22 33 55

= = -- 3 months3 months

=+/=+/-- 6 months6 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 .

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 issu ed




� Content


� Summary

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 conditionsE.g. accommodation and recreation facilities


Minimum requirements for seafarers to work on a ship

Title 1

� Minimum age

� Medical certificate

� Training and qualifications

� Recruitment and placement


Conditions of employment

Title 2

� 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

Accommodation, recreational facilities, food and catering

�Accommodation and recreational

facilities

�Food and catering


Title 3

Accommodation and recreation facilitiesC133

Country 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 22:11:1974

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

C92

Country Ratification

date 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 29:06:1950

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

32 countries

47 countries

C 147: 55 countries P 147: 23 countries

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


Title 4


Compliance and enforcement

Title 5

� Flag state responsibilities

� Onboard compliant procedures

� Port State responsibilities

� Labour supplying responsibility




� Content


� Summary

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

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




� Content


� 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 ininternational 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 e-mail to [email protected]

Summary

The Maritime Labour Convention (MLC) 2006_IMLC_and_consequences.pdfMar 10, 2009 · The Maritime...

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