12. Implication of STCW 2010 MLC

AMCOLASIAN MARITIME TECHNOLOGICAL COLLEGE

Implication of the STCW 2010 Manila Amendment

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Introduction of STCW

• STCW Convention was adopted 7 July 1978.

• 12 months after ratifying of 25 states with not less than 50% of World Gross Tonnage (count only ship size of 100 grt or more).

• Entry into force 28 April 1984

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STCW developing path

• Adopted 1978: into force 1984.• 1991 amendment: GMDSS (Global Maritime Distress &

Safety system).• 1994 amendment: Tanker courses.• 1995 amendment: STCW codes.• 1997 amendment: Passenger Ship training.• 1998 amendment: Bulk cargo handling & Stowage.• 2004 amendment: on load- off load devices of L/boat.• 2006 amendment: Ship security.• 2010 amendment: Revise STCW reg & codes.

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Regulations

• Chapter I : General Provisions• Chapter II: Master and Deck Department.• Chapter III: Engine department.• Chapter IV: Radio communication and radio operator.• Chapter V: Special training requirements for personnel

on certain type of ships.• Chapter VI: Emergency, occupational safety, security,

medical care and survival functions.• Chapter VII: Alternative certificate.• Chapter VIII: Watch Keeping.

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Manila Amendment

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Comprehensive Review

Amendments

• Convention

No amendments to the Articles

• Annex

Technical amendments to the Regulations

• Code

Technical amendments to Part A (mandatory)

Technical amendments to Part B (guidance)

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Change to Competence Table

• ECDIS.

• Bridge Resource Management (BRM).

• Engine Room Resource Management (ERM).

• Leader Ship & Team working Skill.

• High Voltage.

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Training Record Book

• It will be mandatory for deck & engine rating in addition to the existing requirements application to officer trainees.

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Mandatory Security Training

• Additional to existing SSO course, new security familiarization and training requirement have been introduced to all grades.

• Seafarers may already comply through seagoing service or previous training.

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Mandatory Security Training

• Security Awareness Training: All seafarers.

• Seafarers designated to perform security duties training.

• Ship Security Officer (SSO) training.

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Refresher training

• Basic safety training (survival, fire-fighting, first aid and personal safety).

• Proficiency in survival craft, recue boat (CPSC).

• Fast rescue boat.

• Advanced Fire Fighting.

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Tanker Training

• Basic training for oil & chemical tanker.

• Basic training for liquefied gas tanker.

• Advanced training for oil tanker.

• Advanced training for chemical tanker.

• Advanced training for liquefied gas tanker.

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New Seafarer Grade & Certification

• Able Seafarer Deck.

• Able Seafarer Engine.

• Electro-Technical officer.

• Electro- Technical rating.

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Medical standards

• Additional medical fitness standard and requirements for certification have been introduced.

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Prevent of unsafe Alcohol Use

• This include a specific limit of 0.05% blood alcohol level or 0.25% mg/ L alcohol in the breath.

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Change to minimum rest hours

• To comply with MLC requirement.

• The minimum rest Hr in 7 days, increase from 70hrs to 77hrs.

• Must always have 10 Hrs rest in 24hrs period with no exception, except during emergency.

• Mandatory to maintain record of individual seafarers’ rest hr. It’s will be inspected by PSC.

• Apply to all seafarers, include Masters, not only watchkeepers.

• At least once a month, seafarer need to review & sign the record.

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Implementation date of 2010 amendment

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Impact of STCW 2010- ISF (Cut).pdf



Impact of STCW 2010- ISF.pdf


Implication & Challenge

Maritime Labour Convention,2006

(MLC 2006)

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Adopted in Feb 2006

Promoted Decent work to maritime industry

Fair Competition.

Fourth Pillar in the maritime industry (Existing three pillars are SOLAS , MARPOL

and STCW)

Maritime Labour Convention 2006( MLC 2006)

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Articles & Regulations

• Set out the core rights, principles and basic obligations of Members.

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Code

The details for the implementation of regulation.

Code Part A : Mandatory standards.

Code Part B: Non-Mandatory guideline.

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The Regulation and the code are organized into general areas under five titles;

Title 1: Minimum requirement for seafarer to work on a ship.

Title 2: Condition 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.

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Maritime Labour Certificate & DMLC

• Maritime Labour Certificate is the demonstration that the ship meet the requirement. Valid for 5 years but subject to intermediate inspection.

• DMLC (Declaration of Maritime Labour Compliance)

Part I : To be completed by competent authority.

Part II : To be completed by shipowner.

Each part consist of 14 areas.

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14 Areas1. Minimum age.

2. Medical certification.

3. Qualification of seafarers.

4. Seafarer’s Employment agreements.

5. Use of any licensed or certified or regulated private recruitment and placement service.

6. Hour of work or rest.

7. Manning levels for the ship.

8. Accommodation.

9. On-board recreational facilities.

10. Food and catering.

11. Health & Safety and accident prevention.

12. On-board medical care.

13. On-board complaint procedures.

14. Payment of wages.

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MLC 2006-Challenges to Shipowner.

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No more favourable treatment

• Ship must not be placed at a disadvantage because their country has ratified the convention.

• All ship flags (irrespective of ratification) will be subjected to PSC inspection.

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Universal enforcement

• Unfair competition of ship owners will be eliminated.

• Elimination of substandard ships.

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Application

• Applies to all ships

May be excepted for • smaller ships (200 gross tonnage and below) that do not go on

international voyages.

Does not apply to:• ships which navigate exclusively in inland waters or waters within, or

closely adjacent to, sheltered waters or areas where port regulations apply;

• ships engaged in fishing;• ships of traditional build such as dhows and junks;• warships or naval auxiliaries.

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Certification

• Most ships do not return to flag state/home port.

• Need more resources for compliance with requirements.

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Training

• MLC 2006 Awareness training to shore/ship staffs.

• Cook training (additional requirement from current STCW requirement).

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Manning agency

• Placement/Recruitment agency to be supervised.

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ENTRY INTO FORCE OF MLC 2006

• Require at least 30 countries to ratify & 33 % of World Gross

Tonnage .

• We expect that the conditions necessary for MLC 2006 to

enter into force will be met by December 2012

• This means that the convention will enter into force 12 months

later, in December 2013.

• After this ships will be required to carry a Maritime Labour

Certificate

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MLC RATIFICATION STATUS

• (Source: ILOLEX - 13. 03. 2012) • Country Ratification Date Status

• Bahamas 11:02:2008 ratified • Liberia 07:06:2006 ratified • Marshall Islands 25:09:2007 ratified • Norway 10:02:2009 ratified • Panama 06:02:2009 ratified

• ..• ..• Kiribati 24:10:2011 ratified• Total 20 countries plus two in process.

• Between them these 20 countries flag more than 33% of the World’s GWT

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http://www.ilo.org/ilolex/cgi-lex/pdconv.pl?host=status01&textbase=iloeng&document=7593&chapter=19&query=MLC@ref&highlight=&querytype=bool






Convention No. MLC

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Country Ratification date Status

Antigua and Barbuda 11:08:2011 ratified

Australia 21:12:2011 ratified

Bahamas 11:02:2008 ratified

Benin 13:06:2011 ratified

Bosnia and Herzegovina 18:01:2010 ratified

Bulgaria 12:04:2010 ratified

Canada 15:06:2010 ratified

Croatia 12:02:2010 ratified

Denmark 23:06:2011 ratified

Gabon 12:05:2011 Instrument of ratification received - registration pending

information under Standard A 4.5 §10

Kiribati 24:10:2011 ratified

(Source: ILOLEX - 13. 3. 2012)












AMCOLASIAN MARITIME TECHNOLOGICAL COLLEGE 13/03/55

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Country Ratification date Status

Latvia 12:08:2011 Instrument of ratification received - registration

pending information under Standard A 4.5 §10

Liberia 07:06:2006 ratified

Luxembourg 20:09:2011 ratified

Marshall Islands 25:09:2007 ratified

Netherlands 13:12:2011 ratified

Norway 10:02:2009 ratified

Panama 06:02:2009 ratified

Saint Vincent and the

Grenadines

09:11:2010 ratified

Singapore 15:06:2011 ratified

Spain 04:02:2010 ratified

Switzerland 21:02:2011 ratified

Ratified: 20 Conditional ratification: 0 Declared applicable: 0 Denounced: 0














Challenge for Thailand

• To ratify the convention need to pass through Parliament Process.

• It’s the long process, average may require 5 years.

• Drafting is going on and completing 90%.

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Plan B

• Issue the MLC certificate to Thai Flag with non convention status.

• DMLC completion by comparing with existing laws rules and regulations.

• Do it recognize by other counties/ ILO/ PSC?

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Delegates from Thailand

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Thank You

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Documents

12. Implication of STCW 2010 MLC