maritime labour convention, 2006 module - amp.gob.pa course module/mlc-flag... · giovanna...
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Giovanna Villamonte Santos
ILO Certified Trainer
Maritime Labour Convention, 2006
Module
1
Upon participating in this session you will be able
to
List core elements of national inspection system
Use certification system required under MLC 2006
Explain what can be authorized to RO’s and when
Identify object & scope of inspection and certification
1
Objectives
PANAMA MARITIME AUTHORITY-GVS
2 PANAMA MARITIME AUTHORITY-GVS
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Flag State inspection
system responsibilities
drawing up the national documents;
a sufficient number of qualified inspectors
rules or regulations for inspectors powers, status and
independence;
guidelines regarding inspectors’ tasks and
confidentiality;
The flag State is required to
establish an effective system
for inspection and certification
of maritime labour conditions o
ships that fly its flag
(Regulation 5.1, paragraph 2).
PANAMA MARITIME AUTHORITY-GVS
4
Flag State inspection
system responsibilities
Identification (credentials) for inspectors & reporting
responsibilities;
The maritime labour certificate is delegate to the ROs
(MMC 255);
If the flag inspector received any complaint should be
send to labormar@amp.gob.pa
The flag State is required to
establish an effective system
for inspection and certification
of maritime labour conditions o
ships that fly its flag
(Regulation 5.1, paragraph 2).
PANAMA MARITIME AUTHORITY-GVS
5
National documents
required by the Convention
The flag State (or its competent
authority) will need to draw up a
number of documents if they do not
already exist.
Maritime Labour Certificate + DMLC Parts I & II on board (MMC
269)
Format of work organization on board (MMC 268)
Standard medical certificate (Standard A1.2, paragraph 2- MMC
261)
Copy of MLC, 2006 available on board
Form for on-board medical reports (MMC 274)
PANAMA MARITIME AUTHORITY-GVS
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General Principles
• The Directorate General of Merchant Marine delegate to
the Recognized Organizations the issuance of the
Maritime Labour Certificate, the Declaration of Maritime
Labour Compliance Part II and the interim maritime
labour certificate (MMC 255).
• The Panamanian Administration shall remain fully
responsible for the inspection and certification.
PANAMA MARITIME AUTHORITY-GVS
8 PANAMA MARITIME AUTHORITY-GVS
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Maritime Labour Certificate
(Regulation 5.1.3)
Declaration of Maritime Labour
Compliance (DMLC)
(Regulation 5.1.3)
Interim Maritime Labour
Certificate (Regulation 5.1.3)
9
Certification
PANAMA MARITIME AUTHORITY-GVS
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MLC- PTY Certification Process
mlc@segumar.com
CERTIFICATION PROCESS
STANDARD A5.1.3 OF THE MLC
DMLC I
(FLAG ADMINISTRATION)
DMLC II
SHIPOWNER/RECOGNIZED
ORGANIZATION
THE RO CARRY OUT THE
INSPECTION ON BOARD
EVERYTHING IS
OK
THE RO ISSUES THE FULL MARITIME
LABOUR CERTIFICATE FROM THE
DATE OF COMPLETION OF THE
INSPECTION BY A TERM OF 5
YEARS.
According to the MMC 269 (PTY) numeral
10if the time of requesting the DMLC
Part I, the vessel has the detailed
inspection can proceed directly to the
certification
PANAMA MARITIME AUTHORITY-GVS
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2/3 year
What kind of inspection you need to introduce?
Five years of the Maritime labour certificate
PANAMA MARITIME AUTHORITY-GVS
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The DMLC- Declaration of Maritime Labour Compliance
Part I (completed by the competent authority)
Panamanian National Legislation- Executive Decree No. 86 on February 22, 2013.
MMC 269- Paragraph 2, Panama issue the DMLC in digital format any inquiry please contact to mlc@segumar.com
Part II (completed by the shipowner)
Shipowner measures to ensure ongoing compliance
certified by the competent authority/RO after inspection.
PANAMA MARITIME AUTHORITY-GVS
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Can you issued several times?
☞ Only once
What is the maximum validity of
IC?
☞ 6 Months
Do you need to attach with DMLC?
☞ No.
13
Interim Maritime Labour Certificate
PANAMA MARITIME AUTHORITY-GVS
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New ship
Change of flag
Change of shipowner
In which circumstances issue a maritime
labour interim certificate?
PANAMA MARITIME AUTHORITY-GVS
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Ship has adequate procedures to comply
with the Convention
Master is familiar with the requirements
Relevant information submitted to produce
DMLC
On what conditions?
PANAMA MARITIME AUTHORITY-GVS
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There is evidence not in compliance
with Maritime Labour Convention
requirements.
No corrective action taken.
Take account of seriousness or
frequency of deficiencies.
When must MLC be withdrawn?
PANAMA MARITIME AUTHORITY-GVS
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General Information
The MLC, 2006, does not
distinguish between a
survey and an inspection.
Inspection Process
PANAMA MARITIME AUTHORITY-GVS
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• Object of inspection
→ All ships covered by the
Convention
→Scope of inspection :
→ All the requirements of the
Convention.
Object and Scope of Inspection
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→ships of 500 GT and above
engaged in international voyages
→ships of 500 GT and above that
operate between or from ports in
another country
→ships that the shipowner requires
Object of Certification
PANAMA MARITIME AUTHORITY-GVS
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• Minimum age
• Medical certification
• Qualifications of seafarers
• Seafarers’ employment agreements
• Use of 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
Scope of the Flag State Inspection
*The working and living conditions of seafarers
If there are any deficiencies the inspectors must submit a
report to marsegur@amp.gob.pa
PANAMA MARITIME AUTHORITY-GVS
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•MMC 274 regarding to occupational accidents,
injuries and diseases. The format report, send
to mlc@segumar.com by the shipowner,
master or operator.
Marine Casualties
For the Flag Inspector Reference..!
PANAMA MARITIME AUTHORITY-GVS
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Maritime or Labour Inspectors
PANAMA MARITIME AUTHORITY-GVS
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Core elements of national inspection
system ?
Rules for inspectors’ power, independence
National documents
Qualified inspectors & identification for inspectors
Complaints procedure
Reporting responsibilities
Delegation of MLC inspection to RO’s
Summary
25
PANAMA MARITIME AUTHORITY-GVS
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Certification system documents required ?
Maritime Labour Certificate + DMLC on board
Interim Certificate (valid until six months)
Flag state inspection guidelines + training course
Identification for inspectors
26
Summary
PANAMA MARITIME AUTHORITY-GVS
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What can be authorized to RO’s and
when?
Inspection (and certification)
Criteria for authorization
Written agreement (recommendation)
27
Summary
PANAMA MARITIME AUTHORITY-GVS
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all ships covered by MLC
national requirements
all requirements
14 areas
Survey
General inspection and certification process?
What ships?
What standards
Scope of inspection
Scope of certifying
Meaning of Inspection
28
Summary
PANAMA MARITIME AUTHORITY-GVS
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TIP´S OF THE ADMINISTRATION CORRESPONDING TO THE MLC
• PANAMA REVIEW THE MARITIME LABOUR CONDITIONS ON BOARD EVERY YEAR (ASI)
• THE VESSELS CONSTRUCTED BEFORE AUGUST 20, 2013 FROM 500 GT AND ABOVE TO KEEP ON
BOARD THE MARITIME LABOUR CERTIFICATE AND CREW ACCOMMODATION CERTIFICATE (ILO
92)
• THE VESSELS CONSTRUCTED AFTER AUGUST 20, 2013 FROM 500 GT AND ABOVE ONLY TO KEEP
ON BOARD THE MARITIME LABOUR CERTIFICATE.
• THE MINIMUN AGE IN PANAMA LEGISLATION TO WORK ON BOARD IS 18 YEARS.
• THE INTERMEDIATE INSPECTION SHOULD CARRY OUT BETWEEN THE SECOND AND THIRD YEAR
TO THE VALIDITY THE MARITIME LABOUR CERTIFICATE.
• THE CHIEF COOK DISPENSATION ACCORDING TO THE STANDARD A3.2.6 SHOULD BE REQUEST
TO THE MLC SECTION IN SEGUMAR PANAMA OFFICE IN mlc@segumar.com
• ANY EXEMPTION ACCORDING TO THE TITLE 3, STANDARD A3.1 SHOULD BE REQUEST TO THE
MLC SECTION IN SEGUMAR PANAMA OFFICE IN mlc@segumar.com
• ANY EXEMPTION ACCORDING TO ILO 92 SHOULD BE REQUEST TO labormar@amp.gob.pa IN
GENERAL DIRECTORATE OF SEAFARERS
• PANAMA DON´T HAVE SUBSTANCIAL EQUIVALENCE
PANAMA MARITIME AUTHORITY-GVS
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