09 March 2015 / C15008
Amendments to the MLC, 2006 have been adopted by the International Labour Organization’s (ILO) Special Tripartite Committee on April 2014 and International Labour Conference on June 2014 for the abandoned of seafarers and financial security requirements
SHIP OWNERS / MANAGERS / OPERATORS
DBS STATIONS / SURVEYORS
The proposed amendments were discussed in detail and adopted on close to unanimous basis (1 abstention) vote on April 11, 2014 by the 400 participants at the first meeting of the Special Tripartite Committee (STC) established under the MLC, 2006. At the 103rd annual meeting of the International Labour Conference (ILC) in June 2014 the proposed amendments to the MLC, 2006 have been approved.
The amendments aim to protect abandoned seafarers and provide financial security for compensation to seafarers and their families in cases of a seafarer’s death or long-term disability. These international legal measures aim at improving working and living conditions for seafarers, the most globalized of the world’s workers.
The proposed amendments could not come in force prior the Convention had come into force internationally. Since the MLC, 2006 came in force on August 20, 2013 these amendments are now in progress to be implemented. To date, 61 ILO member states representing more than 80 percent of the world’s gross tonnage have ratified the MLC,2006.
The ILC approved the amendments as re-drafted by the STC, and inform the ILO member states on July 18, 2014. Therefore, a two (2) year consultation period has commenced ending July 18, 2016. Within this consultation period member states which have ratified MLC, 2006 before the date of the Conference’s approval have the chance to express their formal disagreement.
The amendments will come into force six (6) months after the end of the two (2) year consultation period, (i.e. January 18, 2017) and in the case a disagreement has not been expressed by at least 40% of the ratifying member states representing at least 40% of the world’s gross tonnage.
What the amendments actually include?
Some major amendments have been applied to the Code implementing Regulation 2.5 with regards to repatriation of seafarers as well as the Code implementing Regulation 4.2 for shipowner’s liability.
Concerning the repatriation of seafarers the following amendments have been implemented:
- A facility for a seafarer to have direct access to claim assistance quickly, and directly, from financial security provider.
- Food, accommodation, medical costs, wages (up to 4 months outstanding overdue) and other expenses reasonably incurred associated with the abandonment to be included in the financial security cover.
- An improved description of abandonment.
- A new Appendix A2-I has been implemented before Appendix A5-I that includes the format and content of the certificate of financial security in relation to abandonment to be provided by the financial security provider.
With regards to shipowner’s liability the amendments implemented are outlined herewith below:
- An obligation on the financial security provider to give prior notification to the flag State and seafarers if financial security is to be cancelled or not renewed.
- An obligation on the financial security provider to notify the flag State and seafarer of future cancellation, upon cancellation and upon non-renewal of the financial security.
- An obligation that evidence of financial security be posted in crew accommodation.
- An extension of the financial security to cover contractual claims.
- A new Appendix A4-I has been implemented after Appendix A2-I that includes the format and content of the certificate of financial security in relation to death and long term disability.
Dromon shall notify all parties concern with respect to the status on implementation of these amendments by ratifying member states and actions taken to include these into their respective legislative regimes.