Maritime Labour Convention, 2006 (MLC, 2006), Certification Process, MLC, 2006

Reference:
Maritime Labour Convention, 2006 (MLC, 2006)


1. That through Executive Decree No. 86 of February 22, 2013, the National Legislation on the Maritime
Labour Convention, MLC, 2006 was adopted and extensively discussed in tripartite sessions where representatives of seafarers, shipowners and the Panama Maritime Authority participated.

2. The purpose of this circular is to inform users of the Panamanian registry that from March 11, 2013, the International Technical Office of Segumar Panama shall issue at no cost, the Declaration of Maritime Labour Compliance, Part I, (DMLC-Part I) in digital format where the national regulations required to certificate the vessel in accordance to the guidelines of the Maritime Labour Convention, 2006 (MLC, 2006), are regulated.

3. That the Segumar offices in New York, Greece, Korea, Singapore and Tokyo shall start issuing the DMLC, Part I, by the end of March, 2013.

4. Vessels with a gross tonnage of 500 GT or more, engaged in international voyages, and those with a gross tonnage equal or over 500 GT flying the Panamanian flag and operating from a port, or between ports from another country, must have on board and in a visible place a copy of the Maritime Labour Convention and the Maritime Labour Certificate complemented with the Declaration of Maritime Labour Compliance, which consists of two parts, DMLC-Part I and DMLC-Part II.

 5. In accordance with the MLC 2006, the term “international voyage” refers to a voyage from a country to a port located outside such country.

6. Vessels with a gross tonnage from 200 GT to 499 GT engaged in international voyages or voyages between ports, may voluntarily request the Maritime Labour Certificate, for which compliance with all national regulations shall be required.

7. In order to obtain the Declaration of Maritime Labour Compliance Part I, the Application Form must be sent by the user.

8. Once the DMLC Part I is issued, the shipowner shall complete the Declaration of Maritime Labour Compliance Part II (DMLC-Part II), indicating the actions taken in order to ensure permanent compliance with the national requirements during the periods between surveys, as well as the measures proposed for guaranteeing continuous improvement of the aspects subject to survey.

9. That a recognized organization (RO) authorized by the Panama Maritime Authority, shall endorse the Declaration of Maritime Labour Compliance Part II (DMLC-Part II), once the full inspection has ended in accordance to the requirements of the MLC, 2006; and shall proceed to issue the Maritime Labour Certificate valid for five (5) years from the date of completion of the inspection on which this Certificate is based, in accordance to the MLC, 2006.

10. The shipowners to whose vessels were conducted a full inspection, as per Regulation 5.1.3 of the Maritime Labour Convention, 2006 (MLC, 2006), at the time of publication of this circular, are entitled to request the DMLC, Part I; proceed with the corresponding processing and use the inspection report to immediately issue the certificate valid for five (5) years from the date of completion of the inspection which shall be issued by a recognized organization authorized by the Panama Maritime Authority.

11. If a vessel under the Panama Flag is properly certified in accordance with the guidelines of the MLC, 2006 and it changes name or suffers any substantial changes to the structure or equipment covered in Title 3 Standard A3.1, it must request the DMLC-Part I to the administration and the shipowner must prepare the DMLC- Part II, in order to process the renewal of the maritime labour certificate.

12. The DMLC Part II must include the vessel name, the IMO number and the gross tonnage in accordance to the template given by the administration.

13. There shall only be one DMLC Part I template for all vessel categories under the Panama Ships Registry.
14. The recognized organizations authorized shall only act in accordance to the guidelines provided by the Resolution, which authorizes them in matters related to the Maritime Labour Convention, 2006, (MLC, 2006).

15. The Interim Maritime Labour Certificate may be issued for a period not exceeding six (6) months according to standard A5.1.3.6 and A5.1.3.8 of the MLC. In case that the interim certificate expires, an extension cannot be authorized or allowed, thereby in this case the RO should request authorization to issue a conditional certificate. Request for authorization shall be addressed to mlc@segumar.com

16. Intermediate Surveys: A change of RO would not affect the validity of already issued certificates. Each intermediate survey must use as reference the date of the initial survey whether the vessel change or not of RO. In case of change from RO to another then the new Certificate will be issued provided the previous certificate remain valid.

17. Applications shall be submitted to the following email accounts:
 mlc@segumar.com – Panama
  segumarseoul@segumar.com – Seul, Korea
 segumarbusan@segumar.com – Busan, Korea
  new.york@segumar.com –New York
 segumar@panaconsul-tokyo.com – Tokyo, Japan
  segumar.imabari@segumar.com – Imabari, Japan
 segumar.sg@segumar.com – Singapore
 jracine@panamaconsulate.gr – Piraeus, Greece
 segumarpg@segumar.com
 segumarist@segumar.com – Istanbul, Turkey

 18. Those users that require the original template of the DMLC Part I must request it through email or in writing directly to the International Technical Office of SEGUMAR. The original template of the DMLC Part I shall be provided shortly after the request has taken place.

19. When the DMLC Part I is requested by the ship’s legal representative, it shall be the same as it is stated on ship Registry Certificate (Patent). As well the Recognized Organization certifying the ship shall be the one who is able to request the issuance of the DMLC Part I.

20. This Merchant Marine Circular revokes Merchant Marine Circulars MMC-248, MMC-254, MMC- 256 and MMC-280.

Jun 2016 – Modification of point 17 and addition of new paragraphs 15 and 19.
Aug 2015 – Modification of point 17 and addition of new paragraph.
 March 2015 – Modification of point
17 July 2014 – Addition of new email address for Busan
July 2013 – Correction of email address in point 15 (Piraeus, Greece)
 April 2013 – New point 16 and elimination of second paragraph on point 2 March 2013

 Inquiries concerning the subject of this Circular or any request should be directed to:
Maritime Labour Section Directorate General of Merchant Marine Panama Maritime Authority
Phone: (507) 501-4241
Fax: (507) 501-5363 / 5364
Email: mlc@segumar.com
mlcsegumar@amp.gob.pa

Approved service providers for lifeboats, launching appliances and on-load release gear.

Reference:
a. Resolution No. 106-OMI-83-DGMM
b. MSC.1/Circ.1277
c. MSC.1/Circ.1206 Rev.1 - Measures to Prevent Accidents with Lifeboats d. Resolution No. JD 020-2015 of February 15, 2015

1. Purpose
1.1. Considering the adoption of the MSC.1/Circ.1277 of 23 May 2008, through Resolution No. 106- OMI-83-DGMM of 14 October 2011, Interim Recommendation on Conditions for Authorization of Service Providers for Lifeboats, Launching Appliances and on-load Release Gear, which recommend governments to ensure that the thorough examination, operational testing, repair, and overhaul of lifeboats, launching appliances and on-load release gear were carried out in accordance with SOLAS regulation III/20 by service providers that are qualified in these operations for each make and type of equipment for which they provide the service.

1.2. Taking into account the guidelines on MSC.1/Circ.1206 Rev.1 of 11 June 2009, Service providers carrying out the thorough examination, operational testing, repair and overhaul of lifeboats, launching appliances and on-load release gear should be authorized in accordance with MSC.1/Circ.1277, this Administration would like to inform the requirements to apply for permanent authorization and also provide the list of authorized services providers according to point 3 of the aforementioned Circular.

1.3. It is also important to mention that this Administration accept that Service Providers Approved by Manufactures to carrying out the thorough examination, operational testing repair and overhaul of lifeboats, launching appliances and on-load release gear in accordance with SOLAS III/20 also Services Providers approved by IACS or Approved by other Administrations are also accepted in a case by case basis.

 2. Requirements for Authorization of Service Providers for Lifeboats, Launching Appliances and on-load Release Gear: 2.1. Companies interested to be authorized by Panama Maritime Authority as Service Providers for Lifeboats, Launching Appliances and on-load Release Gear, shall comply with the following requirements:
a) Apply through Panama legal representative, (application shall be presented through memorial addressed to General Directorate of Merchant Marine) to be approved for periodic servicing and maintenance of lifeboats, launching appliances and on load release gear of Panamanian Flag Vessels.
b) Copy of documentation of personnel certified in accordance with a recognized national, international or industry standard as applicable, or an equipment manufacturer’s established certification program.
 c) Copy of valid Quality System Certificate for the Company.
d) For service providers situated in other countries, the Administration may accept or recognize service providers authorized, certified by IACS members, for this purposes.
e) Evidence of prior authorizations or long term experience and demonstrated expertise as service provider. f) Home Country Company Registry Certificate
 g) Payment receipt or copy of the bank transfer for the amount of US$ 500.00 (Resolution JD 020-2015 of February 15, 2015) (applicable from October 14, 2015). 3. List of Service providers 3.1. As required by MSC.Circ.1277, to ensure that information regarding authorized service providers for lifeboats, launching appliances and on-load release gear is made available to mariners this Administration informs that the current authorized Service providers that have presented the required documents to get approval from this Administration, in accordance with the MSC.Circ.1277 to carry out servicing and maintenance for lifeboats, launching appliances and on-load release gear for Panama flag vessels are the follows:
1. ACEBI SAS France

Authorized Recognized Security Organizations (RSO). Reports and Fees.

Authorized Recognized Security Organizations (RSO). Reports and Fees.

Reference:
 SOLAS 74/78
 Chapter XI-2
 MMC 156
 MMC 324

1. The purpose of this Merchant Marine Circular is to serve as guidance regarding the amendments to the SOLAS Convention and to the new Chapters regarding Maritime Security and the ISPS Code. 2. The diplomatic Conference on Maritime Security held in London in December 2002 adopted provisions in the International Convention for the safety of Life at Sea (SOLAS), 1974 and the International Code for the Security of Ships and of Port Facilities (ISPS Code) to enhance maritime security. The ISPS Code has been implemented internationally since the 1st of July 2004. 3. Having regard to the importance of the ISPS Code, the Panama Maritime Authority through its Board of Directors created the Maritime Ships Security Department. 4. The Panama Maritime Authority has incorporated the figure of Recognized Security Organizations (RSO) in the implementation of the ISPS Code. 5. The Panama Maritime Authority has recognized as the RSOs responsible for the Evaluation of Ship Security Plans (SSP):
1. AMERICAN BUREAU OF SHIPPING
2. BUREAU VERITAS
3. CR CLASSIFICATION SOCIETY
4. CHINA CLASSIFICATION SOCIETY
 5. DNV GL AS
6. HELLENIC REGISTER OF SHIPPING
 7. INDIAN REGISTER OF SHIPPING
8. INTERMARITIME CERTIFICATION SERVICES, S. A.
9. INTERNATIONAL MARITIME REGISTER (PANAMA), INC.
10. INTERNATIONAL NAVAL SURVEYS BUREAU AND SECURITY SERVICES PRIVATE PROVIDER, S.A.
11. INTERNATIONAL REGISTER OF SHIPPING (PANAMA)

Slovenia ratifies ILO Maritime Labour Convention

The Government of the Republic of Slovenia deposited with the International Labour Office the instrument of ratification of the Maritime Labour Convention, 2006 (MLC, 2006). Slovenia is the 72nd member State to have ratified this landmark Convention.

The MLC, 2006 consolidates and revises all except four of the previous maritime labour instruments adopted by the ILO between 1920 and 1996, bringing them into a single Convention with a new format and with new features, like the certification of seafarers’ living and working conditions. The two basic aims of the MLC, 2006 are to ensure comprehensive worldwide protection of the rights of seafarers, as well as to establish a level playing field for countries and shipowners committed to providing decent working and living conditions for seafarers, protecting them from unfair competition on the part of substandard ships.

In depositing the instrument of ratification, Ambassador Vojislav Šuc, Permanent Representative of the Republic of Slovenia to the United Nations Office and other international organizations in Geneva, stated:

“It is a great honour to present the instrument of ratification of the Maritime Labour Convention, 2006. I am confident that the Republic of Slovenia will not only fulfil the obligations to effectively implement the Convention, but will also drive global efforts to promote compliance with the Convention throughout the world with the aim to improving the working and living conditions of the world’s seafarers.”

In receiving the instrument of ratification, Mr Guy Ryder, Director-General of the ILO, stated:

“The ratification of the MLC, 2006 by Slovenia, a country with a growing maritime industry, adds itself to the 22 other ratifications already received from European Union countries and brings us even closer to the collective ratification of the Convention by all EU member States. I am confident that the countries which have not yet ratified the Convention will soon follow the example of Slovenia. The Office remains prepared to offer every possible assistance to the Government and its social partners as they will be moving from ratification to the effective implementation of the Convention.”
Slovenia’s main port of Koper is the largest container port of the Adriatic. Connecting Central Europe to the sea, it saw 20,711,872 tonnes of cargo transiting through it last year alone and sees increasing throughput every year.

Source : ILO

ITF announces MLC implementation and enforcement study‏

The ITF (International Transport Workers Federation) has commissioned an in depth study into the implementation and enforcement of the ILO Maritime Labour Convention 2006 (MLC), which came into force in August 2013. The study will be carried out by Seafarers’ Rights International (SRI).

The ITF was a major mover in the development of the MLC, which sets out comprehensive and enforceable minimum standards for seafarers’ working and living conditions, and which has been described as ”the most ambitious convention ever, covering the modern realities of working conditions on board a 21st century ship” .The MLC is the ‘fourth pillar’ in the maritime regulatory regime, along with Solas, Marpol and the STCW conventions.

ITF seafarers’ section chair Dave Heindel explained:

“Although the ITF is delighted that the convention is now in force, there is a clear need for a critical evaluation of its implementation and enforcement. Both port state control and ITF inspectors have reported numerous breaches of the MLC. That’s why we’ve decided to commission SRI to do a thorough study to assess its effectiveness, and identify any areas where it may need strengthening. That study is likely to take around two years to complete.”

He continued:

“The MLC is a fine, pioneering achievement of which all of those who supported it can be proud. But there is no room for complacency. We’ve said all along that its enforcement and effectiveness must be monitored and checked. We’re glad to be supporting that aim.”

Brian Orrell, Chair of the Advisory Board of SRI, who led the seafarers in the negotiations for the MLC at the International Labour Organization (ILO) commented:

“When the seafarers embarked with the shipowners and governments on the long tripartite process of negotiating the MLC, there was a clear joint objective that the Convention would be a bill of rights delivering minimum international standards for seafarers, as well as ensuring a level playing field for shipowners. Now is the time to assess how effective efforts have been to implement and enforce the Convention”.

Source: ITF