Implication of STCW 2010 MLC

Implication of the STCW 2010 Manila Amendment
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ASIAN MARITIME TECHNOLOGICAL COLLEGE
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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, firefighting, 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. Its 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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Implication & Challenge
Maritime Labour Convention,2006 (MLC 2006)

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Maritime Labour Convention 2006 ( MLC 2006)

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)
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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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1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.
Minimum age. Medical certification. Qualification of seafarers. Seafarers Employment agreements. Use of any licensed or certified or regulated private recruitment and placement service. Hour of work or rest. Manning levels for the ship. Accommodation. On-board recreational facilities. Food and catering. Health & Safety and accident prevention. On-board medical care. On-board complaint procedures. Payment of wages.
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14 Areas
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 Worlds GWT
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Convention No. MLC

(Source: ILOLEX - 13. 3. 2012)
Country Antigua and Barbuda Australia Ratification date 11:08:2011 21:12:2011 Status ratified ratified
Bahamas
Benin
11:02:2008
13:06:2011
ratified
ratified ratified ratified
Bosnia and Herzegovina 18:01:2010 Bulgaria 12:04:2010
Canada
Croatia Denmark Gabon Kiribati
15:06:2010
12:02:2010 23:06:2011 12:05:2011 24:10:2011
ratified
ratified ratified Instrument of ratification received - registration pending information under Standard A 4.5 10 ratified
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Country Latvia Liberia Luxembourg Marshall Islands Netherlands
Ratification date 12:08:2011 07:06:2006 20:09:2011 25:09:2007 13:12:2011
Status Instrument of ratification received - registration pending information under Standard A 4.5 10 ratified ratified ratified ratified
Norway
Panama Saint Vincent and the Grenadines Singapore
10:02:2009
06:02:2009 09:11:2010 15:06:2011
ratified
ratified
ratified
ratified
Spain
Switzerland Ratified: 20
04:02:2010
21:02:2011 Conditional ratification: 0
ratified
ratified Declared applicable: 0 Denounced: 0
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Challenge for Thailand

To ratify the convention need to pass through Parliament Process. Its 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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Implication of STCW 2010 MLC

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Implication of STCW 2010 MLC

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Implication of the STCW 2010 Manila Amendment

STCW developing path

Change to Competence Table

Training Record Book

Mandatory Security Training

Mandatory Security Training

New Seafarer Grade & Certification

Prevent of unsafe Alcohol Use

Change to minimum rest hours

Implementation date of 2010 amendment

Implication & Challenge

Maritime Labour Convention,2006 (MLC 2006)

Maritime Labour Convention 2006 ( MLC 2006)

Promoted Decent work to maritime industry

Articles & Regulations

Maritime Labour Certificate & DMLC

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.

MLC 2006-Challenges to Shipowner.

No more favourable treatment

ENTRY INTO FORCE OF MLC 2006

MLC RATIFICATION STATUS

Convention No. MLC

Bosnia and Herzegovina 18:01:2010 Bulgaria 12:04:2010

Country Latvia Liberia Luxembourg Marshall Islands Netherlands

Ratification date 12:08:2011 07:06:2006 20:09:2011 25:09:2007 13:12:2011

Challenge for Thailand

Delegates from Thailand

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