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September 2016
A Compilation on Comprehensive Study of IMO, ILO, STCW & MLC Conventions by A. S. M. Rayhan Sharif
Table of Content
Subject
Page No.
3. Resolution -
10
4. Circulars
11
13
15
17
54
9. SOLAS Convention
55
57
5. IMO conventions
58
61
63
63
64
65
66
18. International Convention on Civil Liability for Oil Pollution Damage (CLC)
67
67
67
68
17. International Convention Relating to Intervention on the High Seas in Cases of Oil
Pollution Casualties, 1969 -
A Compilation on Comprehensive Study of IMO, ILO, STCW & MLC Conventions by A. S. M. Rayhan Sharif
Table of Content
Subject
Page No.
68
23. Athens Convention relating to the Carriage of Passengers and their Luggage by
Sea (PAL) -
69
69
70
26. The Torremolinos International Convention for the Safety of Fishing Vessels -
71
71
28. Convention for the Suppression of Unlawful Acts against the Safety of
Maritime Navigation
72
72
30. International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC) -
73
73
32. Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 74
33. International Convention on the Control of Harmful Anti-fouling Systems on Ships
75
34. International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER)
76
35. International Convention for the Control and Management of Ships' Ballast Water
and Sediments (BWM)
76
77
37. The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships 78
38. About the ILO
79
80
91
95
42. Conclusion
97
A Compilation on Comprehensive Study of IMO, ILO, STCW & MLC Conventions by A. S. M. Rayhan Sharif
less formal and non-technical and might be preferred by some States which might
have constitutional difficulties with the term ratification.
Many States nowadays choose this option, especially in relation to multinational
treaties, as it provides them with an opportunity to ensure that any necessary
legislation is enacted and other constitutional requirements fulfilled before entering
into treaty commitments.
The terms for consent to be expressed by signature subject to acceptance or
approval are very similar to ratification in their effect. This is borne out by Article
14.2 of the Vienna Convention on the Law of Treaties which provides that "the
consent of a State to be bound by a treaty is expressed by acceptance or approval
under conditions similar to those which apply to ratification."
Accession
Most multinational treaties are open for signature for a specified period of time.
Accession is the method used by a State to become a party to a treaty which it did
not sign whilst the treaty was open for signature.
Technically, accession requires the State in question to deposit an instrument of
accession with the depositary. Article 15 of the Vienna Convention on the Law of
Treaties provides that consent by accession is possible where the treaty so
provides, or where it is otherwise established that the negotiating States were
agreed or subsequently agreed that consent by accession could occur.
Amendment
Technology and techniques in the shipping industry change very rapidly these days.
As a result, not only are new conventions required but existing ones need to be kept
up to date. For example, the International Convention for the Safety of Life at Sea
(SOLAS), 1960 was amended six times after it entered into force in 1965 - in 1966,
1967, 1968, 1969, 1971 and 1973. In 1974 a completely new convention was
adopted incorporating all these amendments (and other minor changes) and has
itself been modified on numerous occasions.
In early conventions, amendments came into force only after a percentage of
Contracting States, usually two thirds, had accepted them. This normally meant that
more acceptances were required to amend a convention than were originally
required to bring it into force in the first place, especially where the number of States
which are Parties to a convention is very large.
A Compilation on Comprehensive Study of IMO, ILO, STCW & MLC Conventions by A. S. M. Rayhan Sharif
certificates are normally accepted as proof by authorities from other States that the
vessel concerned has reached the required standard, but in some cases further
action can be taken.
The 1974 SOLAS Convention, for example, states that "the officer carrying out the
control shall take such steps as will ensure that the ship shall not sail until it can
proceed to sea without danger to the passengers or the crew".
This can be done if "there are clear grounds for believing that the condition of the
ship and its equipment does not correspond substantially with the particulars of that
certificate".
An inspection of this nature would, of course, take place within the jurisdiction of
the port State. But when an offence occurs in international waters the responsibility
for imposing a penalty rests with the flag State.
Should an offence occur within the jurisdiction of another State, however, that State
can either cause proceedings to be taken in accordance with its own law or give
details of the offence to the flag State so that the latter can take appropriate action.
Under the terms of the 1969 Convention Relating to Intervention on the High Seas,
Contracting States are empowered to act against ships of other countries which
have been involved in an accident or have been damaged on the high seas if there
is a grave risk of oil pollution occurring as a result.
The way in which these powers may be used are very carefully defined, and in most
conventions the flag State is primarily responsible for enforcing conventions as far
as its own ships and their personnel are concerned.
The Organization itself has no powers to enforce conventions.
However, IMO has been given the authority to vet the training, examination and
certification procedures of Contracting Parties to the International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978.
This was one of the most important changes made in the 1995 amendments to the
Convention which entered into force on 1 February 1997. Governments have to
provide relevant information to IMO's Maritime Safety Committee which will judge
whether or not the country concerned meets the requirements of the Convention.
Relationship between Conventions and interpretation
Some subjects are covered by more than one Treaty. The question then arises
A Compilation on Comprehensive Study of IMO, ILO, STCW & MLC Conventions by A. S. M. Rayhan Sharif
which one prevails. The Vienna Convention on the Law of Treaties provides in
Article 30 for rules regarding the relationship between successive treaties relating to
the same subject-matter. Answers to questions regarding the interpretation of
Treaties can be found in Articles 31, 32 and 33 of the Vienna Convention on the
Law of Treaties. A Treaty shall be interpreted in good faith in accordance with the
ordinary meaning to be given to the terms of the treaty in their context and in the
light of its object and purpose. When a Treaty has been authenticated in two or
more languages, the text is equally authoritative in each language, unless the treaty
provides or the parties agree that, in case of divergence, a particular text shall
prevail.
Uniform law and conflict of law rules
A substantive part of maritime law has been made uniform in international Treaties.
However, not every State is Party to all Conventions and the existing Conventions
do not always cover all questions regarding a specific subject. In those casesconflict
of law rules are necessary to decide which national law applies. These conflict of
law rules can either be found in a Treaty or, in most cases, in national law.
3. Resolution
At IMO, Maritime resolutions are issued by the Assembly, The council and by each
of the committee.
Each committee brings resolutions to amend part of International convention that
they are associated with. Like Maritime safety committee handles conventions
related to safety. The most popular being International convention for safety of life
at Sea (SOLAS) and STCW convention. So MSC brings resolutions to amend any
part of these conventions. Similarly MEPCs resolutions amends MARPOL
convention and Facilitation Committees resolutions amends FAL convention.
Each resolution of IMO looks something like this
XYZ.123(34)
Where the initial letter(s) shows who has passed this resolution. The letter can be A
(for Assembly), C (for Council), MSC (For Maritime safety committee), MEPC (for
Maritime environment pollution committee), FAL (Facilitation committee) or LEG
(legal Committee). The next number shows the resolution number and it is in
chronological order. The number in the bracket shows the sessions in which this
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4. Circulars
There number of circulars issued at IMO by different committees and subcommittees. And these circulars divided into more than 50 subjects. Circulars
related to Salvage, SUA, Ballast water management, GMDSS and STCW all are
part of the circulars issued at IMO. But the most important or rather the one that
seafarers are more associated with are MSC and MEPC circulars. These are the
circulars issued by MSC and MEPC respectively. The former being circulars related
to safety matter and latter related to pollution.
What does Circulars are for:
We all know what company circulars that we get onboard are for. It gives
information / clarification on various subjects related to companys SMS manual. It
may also give latest incident summary. In short it is running log of important
communication from ship to shore.
IMO circulars serve similar purpose. Among other thing, the circular are used for
clarification, interpretation or guidance on its various codes and conventions.
We can now looks into how MSC and MEPC circulars look like.
MSC Circulars
As obvious, MSC circulars are related to the maritime safety. The MSC has divided
its circulars in six sub-categories and are numbered from one to six. Any MSC
circular number would look like this
MSC Circular number
In this MSC of course denotes that it is circular issued by Maritime safety committee
of IMO. The number 1 denotes the sub-category of the circular. Circ. tells us that it
is a circular and the number in the last is the circular number which is numbered in
chronological order.
The six sub categories that MSC circulars are divided into are
MSC.1 : Circulars related to general information disseminated by MSC on safety
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matters
MSC.2 : Circulars related to MSC- Implementation of codes and recommendations
adopted by the assembly
MSC.3 : Circulars on Illegal immigrants
MSC.4 : Circulars on piracy matters
MSC.5 : Circulars related to resolution 950(23) which is Maritime assistance
services
MSC.6 : Other circulars related to safety
MEPC Circular
Again as obvious, MEPC circulars are related to information on matters concerning
maritime pollution. MEPC circulars are divided into seven sub-categories. These
categories are numbered from one to seven. Any circular issued by MEPC would
look like this
MEPC circular number
In this MEPC denotes that the circular is issued by Maritime environmental
protection committee. The number next is the number of sub-category that the
circular belongs to. The letters Circ denotes that it is a circular and finally the
number is the circular number which is in chronological order.
The seven Sub-categories that MEPC circulars are divided into are
MEPC.1 : Circular relating to general information disseminated by the MEPC on
pollution matters
MEPC.2 : Circular relating to Provisional categorization of liquid substances
MEPC.3 : Circular relating to Facilities in ports for the reception of oily wastes from
ships
MEPC.4 : Circular relating to Facilities in ports for the reception of noxious liquid
substances (NLS) residues from ships carrying chemicals in bulk
MEPC.5 : Circular relating to Pollution prevention equipment required by MARPOL
MEPC.6 : Circular relating to List of national operational contact point or points
responsible for the receipt, transmission and processing of urgent reports on
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incidents involving harmful substances including oil from ships to coastal states
MEPC.7 : Circular relating to Maritime Environment Protection Committee on
pollution matters.
Here only discussed are the MSC and MEPC circulars. But there are more than 50
categories in which IMO circular are divided. Each category has again different subcategories like we have for MSC and MEPC circulars.
5. IMO conventions
The majority of conventions adopted under the auspices of IMO or for which the
Organization is otherwise responsible, fall into three main categories.
The first group is concerned with maritime safety; the second with the prevention of
marine pollution; and the third with liability and compensation, especially in relation
to damage caused by pollution. Outside these major groupings are a number of
other conventions dealing with facilitation, tonnage measurement, unlawful acts
against shipping and salvage, etc.
Key IMO Conventions
International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended
International Convention for the Prevention of Pollution from Ships, 1973, as
modified by the Protocol of 1978 relating thereto and by the Protocol of 1997
(MARPOL)
International Convention on Standards of Training, Certification and Watchkeeping
for Seafarers (STCW) as amended, including the 1995 and 2010 Manila
Amendments
Other conventions relating to maritime safety and security and ship/port
interface
Convention on the International Regulations for Preventing Collisions at Sea
(COLREG), 1972
Convention on Facilitation of International Maritime Traffic (FAL), 1965
International Convention on Load Lines (LL), 1966
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14
IMO Convention
AFS Convention 2001
BUNKERS Convention 2001
BWM Convention 2004
Cape Town Agreement 2012
CLC 1969
CLC Protocol 1976
Date of entry
into force
17-Mar-58
17-Sep-08
21-Nov-08
Not yet in force
Not yet in force
19-Jun-75
08-Apr-81
No. of Contracting
States/Parties
171
73
82
49
5
34
53
% world
tonnage*
96.53
93.26
92.13
34.82
3.27
2.74
60.19
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8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
44
INTERVENTION 1969
INTERVENTION Protocol 1973
LC 1972
LC 1978 amendments
LC Protocol 1996
LL 1966
LL Protocol 1988
LLMC 1976
LLMC Protocol 1996
MARPOL 73/78 (Annex I/II)
MARPOL 73/78 (Annex III)
MARPOL 73/78 (Annex IV)
MARPOL 73/78 (Annex V)
MARPOL Protocol 1997
(Annex VI)
NAIROBI WRC 2007
NUCLEAR 1971
OPRC 1990
OPRC/HNS 2000
PAL 1974
PAL Protocol 1976
PAL Protocol 1990
45
46
47
48
30-May-96
15-Jul-77
06-Sep-77
Not yet in force
05-Mar-67
22-Nov-94
30-May-96
27-Jun-01
03-Mar-05
Not intended to
enter into force
Not yet in force
Not yet in force
16-Jul-79
Not yet in
force**
06-May-75
30-Mar-83
30-Aug-75
Not yet in force
24-Mar-06
21-Jul-68
03-Feb-00
01-Dec-86
13-May-04
02-Oct-83
01-Jul-92
27-Sep-03
31-Dec-88
19-May-05
134
156
83
11
115
31
114
31
14
96.69
98.52
63.26
10.75
91.45
50.29
94.04
17.73
13.70
4
102
12
2.27
94.49
3.81
88
56
87
20
47
161
103
54
52
154
143
138
149
86
73.93
51.79
60.73
13.67
37.98
98.52
95.28
54.80
57.41
98.73
97.80
90.96
98.23
95.34
14-Apr-15
15-Jul-75
13-May-95
14-Jun-07
28-Apr-87
30-Apr-89
27
17
108
37
25
17
3
59.25
18.2
72.75
48.84
31.81
31.54
0.36
25
69
107
17
42.83
51.71
80.50
17.89
Not intended to
enter into force
23-Apr-14
14-Jul-96
22-Jun-85
Not intended to
enter into force
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49
50
51
52
53
54
55
56
57
58
59
60
61
SOLAS 1974
SOLAS Agreement 1996
SOLAS Protocol 1978
SOLAS Protocol 1988
SPACE STP 1973
STCW 1978
STCW-F 1995
STP 1971
SUA 1988
SUA 2005
SUA Protocol 1988
SUA Protocol 2005
TONNAGE 1969
25-May-80
01-Apr-97
01-May-81
03-Feb-00
02-Jun-77
28-Apr-84
29-Sep-12
02-Jan-74
01-Mar-92
28-Jul-10
01-Mar-92
28-Jul-10
18-Jul-82
162
12
120
109
17
160
18
18
166
40
155
35
153
98.53
5.83
96.85
95.35
23.08
98.55
4.12
23.45
94.45
39.06
94.13
38.27
98.40
25 May 1980
1September 1984
1 July 1986
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22 October 1989
29 April 1990
1 February 1992
1 February 1992
1 February 1992
1 January 1994
1 October 1994
1 October 1994
1 October 1994
1 January 1996
1 July 1998
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1 January 1996
1 July 1998
1 July 1996
1 January 1997
1 July 1997
1 July 1998
1 July 1998
1 July 1999
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1 July 2002
1 January 2001
1 January 2002
1 July 2002
1 January 2003
1 January 2004
1 July 2004
20
1 July 2006
1 January 2006
1 July 2006
1 July 2006
1 July 2006
1 January 2007
1 January 2009
1 July 2010
2006 amendments(MSC.202(81))
chapter V
1 January 2008
2006 amendments(MSC.216(82))
Annex 1: chapters II-1, II-2, III and XII and
Appendix (Performance standard for protective
coatings for dedicated seawater ballast tanks in
all types of ships and double-side skin spaces of
bulk carriers (MSC.215(82)))
1 July 2008
1 January 2009
1 July 2010
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1 July 2009
1 January 2010
1 January 2010
1 July 2010
1 January 2011
1 January 2011
1 January 2012
1 January 2012
2010 amendments(MSC.308(88))
chapters II-1, II-2 and V and appendix
(2010 FTP Code)
1 July 2012
2010 amendments(MSC.308(88))
chapters II-1, II-2 and V and appendix
(2010 FTP Code)
1 July 2012
1 January 2013
1 January 2013
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chapter III
2013 amendments (MSC. 350(92))
chapters III, V and XI-1(RO Code (MSC.349(92)))
1 January 2015
1 January 2016
1 January 2016
1 July 2016
[1 January 2017]
[1 January 2017]
[1 January 2020]
[1 January 2020]
1 July 1986
30 October 1988
13 October 1990
3 February 2000
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1 July 1994
1 July 1998
1 July 1998
1 July 2002
1 January 2007
1 January 2009
1 June 2014
1 January 2016
1 July 1986
3 February2000
1 July 1994
1 July 1998
1 July 1998
1 July 2002
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1 July 2006
1 January 2009
1 January 2016
International Code for the Safe Carriage of Grain in Bulk (Grain Code)
(MSC.23(59))
Effective as from:
1 January 1994
1 January 1996
1 January 2003
1 July 2006
1 July 2008
1 January 2010
1 January 2015
2000 International Code of Safety for High-Speed Craft (2000 HSC Code)
(MSC.97(73))
Effective as from:
1 July 2002
1 July 2006
1 July 2008
1 January 2010
1 January 2011
1 January 2014
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1 January 2015
Sub-chapter 1.9 of the Code of Safe Practice for Cargo Stowage and
Securing (CCS Code) (resolution A.714(17))
Effective as from:
1 July 1996
1 July 1996
1 July 2010
1 July 1996
1 January 1996
1 July 1998
1 July 2002
1 January 2004
1 January 2005
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1 January 2007
1 January 2010
1 January 2014
International Management Code for the Safe Operation of Ships and for
Pollution Prevention (International Safety Management (ISM Code)
(A.741(18))
Effective as from:
1 July 1998
1 July 2002
1 July 2006
1 January 2009
1 July 2010
1 January 2015
1 July 1998
1 July 2010
1 July 2008
1 July 2010
1 January 2012
1 January 2013
1 January 2016
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1 July 1998
1 July 2002
1 July 2006
1 July 2012
International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel,
Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code)
(MSC.88(71))
Effective as from:
1 January 2001
1 January 2003
1 July 2004
1 July 2006
1 July 2009
1 July 1999
1 July 2002
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1 July 2010
1 July 2008
1 July 2010
1 July 2011
1 July 2012
1 January 2014
1 July 2014
1 January 2016
1 January 2020
1 January 2004
1 January 2006
1 January 2008
1 January 2010
1 January 2012
1 January 2014
1 January 2016
[1 January2018]
International Code for the Security of Ships and of Port Facilities (ISPS Code)
Effective as from:
2005 amendments (MSC.196(80))
1 July 2004
1 January 2009
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1 January 2005
1 January 2006
1 July 2006
1 July 2006
1 July 2008
1 July 2014
1 January 2010
1 July 2010
Solid
Bulk
Effective as from:
2011 amendments (MSC.318(89))
Cargoes
(IMSBC)
Code,
1 January 2011
1 January 2013
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(2008)
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1 January 2015
1 January 2015
1 January 2012
Performance Standard for Protective Coatings for Cargo Oil Tanks of Crude
Oil Tankers (MSC.288(87))
Effective as from:
2012 amendments (MSC.342(91))
1 January 2012
1 July 2014
1 January 2012
1 January 2014
1 January 2014
1 January 2016
1 July 2016
2016amendments (MSC.405(96))
[1 January 2018]
1 July 2014
1 July 2014
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1 January 2015
[1 January 2017]
1 May 1981
1 September 1984
1 February 1992
1 July 2014
[1 January 2017]
3 February 2000
1 January 2002
1 July 2002
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1 January 2004
1 July 2006
1 July 2006
1 July 2008
1 July 2009
1 January 2010
1 January 2011
1 July 2012
1 July 2014
[1 January 2017]
Regulations for
Preventing
15 July 1977
1 June 1983
19November1989
19 April 1991
4 November 1995
29 November 2003
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1 December 2009
1 January 2016
2 October 1983
Annex I
2 October 1983
Annex II
6 April 1987
Annex III
1 July 1992
Annex IV
27 September 2003
Annex V
31 December 1988
7 January 1986
6 April 1987
6 April 1987
1 April 1989
13 October 1990
18 February 1991
3 February 2000
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and certification)
1990 (Annexes I and V) amendments
(MEPC.42(30)) (designation of the Antarctic area
as a special area)
17 March 1992
4 April 1993
4 April 1993
6 July 1993
6 July 1993
1 July 1994
28 February 1994
3 March 1996
1 July 1997
1 January 1998
1 February 1999
1 January 2001
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1 July 2002
1 March 2002
1 September 2002
1 September 2002
1 March 2004
5 April 2005
1 August 2005
1 August 2005
1 January 2007
1 January 2007
1 January 2007
1 August 2007
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(MEPC.141(54))
2006 amendments to the Annex
(addition of regulation 13)
to Annex IV (MEPC.143(54))
1 August 2007
1 March 2008
1 March 2008
1 January 2010
1 December 2008
1 January 2011
1 January 2011
1 August 2011
1 January 2014
1 January 2013
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1 August 2013
1 October 2014
1 October 2014
1 January 2015
1 January 2016
1 January 2016
1 March 2016
1 March 2016
[1 January 2017]
[1 January 2017]
[1 September 2017]
[1 September 2017]
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6 April 1987
13 October 1990
3 February 2000
1 July 1994
1 July 1998
10 July 1998
1 July 2002
1 July 2002
1 January 2007
1 January 2009
1 June 2014
[1 January 2016]
6 April 1987
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13 October 1990
3 February 2000
1 July 1994
1 July 1998
1 July 2002
1 July 2002
1 August 2007
1 January 2015
1 January 2017
19 May 2005
22 November 2006
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(MEPC.132(53))
2008 amendments to the Annex of the Protocol
(revised MARPOL Annex VI) amendments
(MEPC.176(58))
1 July 2010
1 July 2010
1 August 2011
1 February 2012
1 January
1 January 2013
1 August 2013
1 January 2016
1 September 2015
1 March 2016
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[1 September 2017]
[1 September 2017]
5 March 1967
2 June 1984
12 August 1971
1977 amendments
(sick/injured/transit persons,
scientific services/relief work)
31 July 1978
1 October 1986
1 January 1989
1 September 1991
1 September 1993
1 September 1994
1 May 1997
1 January 2001
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1 May 2003
1 November 2006
15 May 2010
21 July 1968
3 February 2010
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3 February 2000
1 January 2005
1 July 2006
1 July 2008
1 July 2010
1 January 2014
1 July 2014
1 January 2015
1 January 2016
18 July 1982
[28 February 2017]
6 May 1975
30 March 1983
24 July 1992
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19 December 1997
22 June 2004
23 November 2009
19 June 1975
8 April 1981
30 May 1996
1 November 2003
2 January 1974
2 June 1977
15 July 1975
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16 October 1978
22 November 1994
30 May 1996
1 November 2003
27 June 2001
3 March 2005
6 September 1977
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1 December 1981
1 January 1984
1 January 1993
1 January 2012
1 July 2014
28 April 1987
30 April 1989
23 April 2014
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16 July 1979
1985 amendments
(aeronautical-satellite communications)
13 October 1989
1989 amendments
(land mobile-satellite communications)
26 June 1997
1998 amendments
(restructuring of the Organization)
31 July 2001
16 July 1979
1985 amendments
(aeronautical-satellite communications)
1989 amendments 26 June 1997(land
mobile-satellite communications)
13 October 1989
1994 amendments
(change of title, Council composition)
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1998 amendments
(restructuring of the Organization)
31 July 2001
1 December 1986
13 May 2004
8 June 2015
28 April 1984
1 December 1992
1 January 1996
1 February 1997
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1 January 1999
1 January 2008
1 January 2012
1 January 2016
[1 January 2017]
1 February 1997
1 January 1999
1 January 2003
1 July 2006
1July 2006
1 January 2008
1 January 2016
[1 January 2017]
29 September 2012
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22 June 1985
1 January 2000
1 July 2006
(38) Convention for the Suppression of Unlawful Acts against the Safety
of Maritime Navigation (SUA 1988)
Entry into force:
1 March 1992
28 July 2010
(40) Protocol for the Suppression of Unlawful Acts against the Safety of
Fixed Platforms located on the Continental Shelf (SUA PROT 1988)
Entry into force:
1 March 1992
28 July 2010
14 July 1996
13 May 1995
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14 June 2007
30 August 1975
11 March 1979
11 March 1981
19 May 1990
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20 February 1994
20 February 1994
20 February 1994
24 March 2006
10 February 2007
17 September 2008
21 November 2008
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14 April 2015
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Educational, Scientific and Cultural Organization (UNESCO) in 1945 and the World
Health Organization (WHO) in 1947. All were members of the United Nations
system.
In 1948, a Conference was held to establish a similar body for shipping.
9. SOLAS Convention
The International Convention for the Safety of Life at Sea (SOLAS) is an
international maritime treaty which requires Signatory flag states to ensure that
ships flagged by them comply with minimum safety standards in construction,
equipment and operation. The current version of the SOLAS Convention is the 1974
version, known as SOLAS 1974, which came into force on 25 May 1980. As at
March 2016, SOLAS 1974 has 162 contracting States, which flag about 99% of
merchant ships around the world in terms of gross tonnage.
The SOLAS Convention in its successive forms is generally regarded as the most
important of all international treaties concerning the safety of merchant ships.
Sections of the treaty
The International Convention for the Safety of Life at Sea (SOLAS), 1974, requires
flag States to ensure that their ships comply with minimum safety standards in
construction, equipment and operation. It includes articles setting out general
obligations, etcetera, followed by an annex divided into twelve chapters. Of these,
chapter five (often called 'SOLAS V') is the only one that applies to all vessels on
the sea, including private yachts and small craft on local trips as well as to
commercial vessels on international passages. Many countries have turned these
international requirements into national laws so that anybody on the sea who is in
breach of SOLAS requirements may find themselves subject to legal proceedings
Chapter I General Provisions
Surveying the various types of ships and certifying that they meet the requirements
of the convention.
Chapter II-1 Construction Subdivision and stability, machinery and
electrical installations
The subdivision of passenger ships into watertight compartments so that after
damage to its hull, a vessel will remain afloat and stable.
Chapter II-2 Fire protection, fire detection and fire extinction
Fire safety provisions for all ships with detailed measures for passenger ships,
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responsibility for a ship to comply with the International Safety Management Code
(ISM).
Chapter X Safety measures for high-speed craft
Makes mandatory the International Code of Safety for High-speed craft (HSC
Code).
Chapter XI-1 Special measures to enhance maritime safety
Requirements relating to organizations responsible for carrying out surveys and
inspections, enhanced surveys, the ship identification number scheme, and
operational requirements.
Chapter XI-2 Special measures to enhance maritime security
Includes the International Ship and Port Facility Security Code (ISPS Code).
Confirms that the role of the Master in maintaining the security of the ship is not,
and cannot be, constrained by the Company, the charterer or any other person. Port
facilities must carry out security assessments and develop, implement and review
port facility security plans. Controls the delay, detention, restriction, or expulsion of a
ship from a port. Requires that ships must have a ship security alert system, as well
as detailing other measures and requirements.
Chapter XII Additional safety measures for bulk carriers
Specific structural requirements for bulk carriers over 150 meters in length.
Chapter XIII - Verification of compliance.
Makes mandatory from 1 January 2016 the IMO Member State Audit Scheme.
Chapter XIV - Safety measures for ships operating in polar waters.
The chapter makes mandatory, from 1 January 2017, the Introduction and part I-A
of the International Code for Ships Operating in Polar Waters (the Polar Code).
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Annex I
MARPOL Annex I came into force on 2 October 1983 and deals with discharge of oil
into the ocean environment. It incorporates the oil discharge criteria prescribed in
the 1969 amendments to the 1954 Oil Pollution Convention. It specifies tanker
design features that are intended to minimize oil discharge into the ocean during
ship operations and in case of accidents. It provides regulations with regard to
treatment of engine room bilge water (OWS) for all large commercial vessels and
ballast and tank cleaning waste (ODME). It also introduces the concept of "special
sea areas (PPSE)" which are considered to be at risk to pollution by oil. Discharge
of oil within them has been completely outlawed, with a few minimal exceptions.
The first half of MARPOL Annex I deals with engine room waste. There are various
generations of technologies and equipment that have been developed to prevent
waste such as: Oily water separators (OWS), Oil Content meters (OCM), and Port
Reception Facilities.
The second part of the MARPOL Annex I has more to do with cleaning the cargo
areas and tanks. Oil Discharge Monitoring Equipment (ODME) is a very important
technology mentioned in MARPOL Annex I that has greatly helped improve
sanitation in these areas.
The Oil Record Book is another integral part of MARPOL Annex I. The Oil Record
Book helps crew members log and keep track of oily waste water discharges among
other things.
Annex II
MARPOL Annex II came into force on 6 April 1987. It details the discharge criteria
for the elimination of pollution by noxious liquid substances carried in large
quantities. It divides substances into and introduces detailed operational standards
and measures. The discharge of pollutants is allowed only to reception facilities with
certain concentrations and conditions. No matter what, no discharge of residues
containing pollutants is permitted within 12 miles of the nearest land. Stricter
restrictions apply to "special areas".
Annex III
MARPOL Annex III came into force on 7 July 1992. It contains general requirements
for the standards on packing, marking, labeling, documentation, stowage, quantity
limitations, exceptions and notifications for preventing pollution by noxious
substances. The Annex is in line with the procedures detailed in the International
Maritime Dangerous Goods (IMDG) Code, which has been expanded to include
marine pollutants. The amendments entered into force on 1 January 1991.
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Annex IV
Marpol Annex IV came into force on 22 September 2003. It introduces requirements
to control pollution of the sea by sewage from ships.
Annex V
MARPOL Annex V came into force on 31 December 1988. It specifies the distances
from land in which materials may be disposed of and subdivides different types of
garbage and marine debris. The requirements are much stricter in a number of
"special areas" but perhaps the most prominent part of the Annex is the complete
ban of dumping plastic into the ocean.
Annex VI
MARPOL Annex VI came into force on 19 May 2005. It introduces requirements to
regulate the air pollution being emitted by ships, including the emission of ozonedepleting substances, Nitrogen Oxides (NOx), Sulphur Oxides (SOx), Volatile
Organic Compounds (VOCs) and shipboard incineration. It also establishes
requirements for reception facilities for wastes from exhaust gas cleaning systems,
incinerators, fuel oil quality, for off-shore platforms and drilling rigs and for the
establishment of SOx Emission Control Areas (SECAs).
Implementation and enforcement
In order for IMO standards to be binding, they must first be ratified by a total number
of member countries whose combined gross tonnage represents at least 50% of the
world's gross tonnage, a process that can be lengthy. A system of tacit acceptance
has therefore been put into place, whereby if no objections are heard from a
member state after a certain period has elapsed, it is assumed they have assented
to the treaty.
All six Annexes have been ratified by the requisite number of nations; the most
recent is Annex VI, which took effect in May 2005. The country where a ship is
registered (Flag State) is responsible for certifying the ship's compliance with
MARPOL's pollution prevention standards. Each signatory nation is responsible for
enacting domestic laws to implement the convention and effectively pledges to
comply with the convention, annexes, and related laws of other nations. In the
United States, for example, the relevant implementation legislation is the Act to
Prevent Pollution from Ships.
One of the difficulties in implementing MARPOL arises from the very international
nature of maritime shipping. The country that the ship visits can conduct its own
examination to verify a ship's compliance with international standards and can
detain the ship if it finds significant noncompliance. When incidents occur outside
such country's jurisdiction or jurisdiction cannot be determined, the country refers
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One especially important feature of the Convention is that it applies to ships of nonparty States when visiting ports of States which are Parties to the Convention.
Article X requires Parties to apply the control measures to ships of all flags to the
extent necessary to ensure that no more favorable treatment is given to ships
entitled to fly the flag of a State which is not a Party than is given to ships entitled to
fly the flag of a State that is a Party.
The difficulties which could arise for ships of States which are not Parties to the
Convention is one reason why the Convention has received such wide acceptance.
By 2014, the STCW Convention had 158 Parties, representing 98.8 per cent of
world shipping tonnage.
1995 revision
On 7 July 1995 the IMO adopted a comprehensive revision of STCW. It also
included a proposal to develop a new STCW Code, which would contain the
technical details associated with provisions of the Convention. The amendments
entered force on 1 February 1997. Full implementation was required by 1 February
2002. Mariners already holding licenses had the option to renew those licenses in
accordance with the old rules of the 1978 Convention during the period ending on 1
February 2002. Mariners entering training programs after 1 August 1998 are
required to meet the competency standards of the new 1995 Amendments.
The most significant amendments concerned:
a) enhancement of port state control;
b) communication of information to IMO to allow for mutual oversight and
consistency in application of standards,
c) quality standards systems (QSS), oversight of training, assessment, and
certification procedures,
The Amendments require that seafarers be provided with "familiarization training"
and "basic safety training" which includes fire prevention & fire fighting, elementary
first aid, personal survival techniques, and personal safety and social responsibility.
This training is intended to ensure that seafarers are aware of the hazards of
working on a vessel and can respond appropriately in an emergency.
d) placement of responsibility on parties, including those issuing licenses, and flag
states employing foreign nationals, to ensure seafarers meet objective standards of
competence, and
e) rest period requirements for watchkeeping personnel.
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Manila Amendments
The IMO Convention on Standards of Training Certification and Watchkeeping of
Seafarers adopted a new set of amendments in Manila in 2010 called "The Manila
Amendments". These amendments were necessary to keep training standards in
line with new technological and operational requirements that require new shipboard
competencies. The Manila Amendments were effective as of 1 January 2012. There
is a transition period until 2017 when all seafarers must be certified and trained
according to the new standards. Implementation is progressive, every year a
modified set of requirements comes into force. The most significant amendments
are:
New rest hours for seafarers
New grades of certificates of competence for Able seaman in both deck and engine
New and updated training, refreshing requirements
Mandatory security training
Additional medical standards
Specific Alcohol limits in blood or breath.
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Various amendments were adopted in 1971, 1975, 1979, and 1983 but they
required positive acceptance by two-thirds of Parties and never came into force.
The 1988 Protocol, adopted in November 1988, entered into force on 3 February
2000. As well as harmonizing the Convention's survey and certification requirement
with those contained in the SOLAS and MARPOL conventions, the 1988 Protocol
revised certain regulations in the technical Annexes to the Load Lines Convention
and introduced the tacit amendment procedure, so that amendments adopted will
enter into force six months after the deemed date of acceptance unless they are
rejected by one-third of Parties. Usually, the date from adoption to deemed
acceptance is two years.
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Gross tonnage forms the basis for manning regulations, safety rules and registration
fees. Both gross and net tonnages are used to calculate port dues.
The gross tonnage is a function of the moulded volume of all enclosed spaces of the
ship. The net tonnage is produced by a formula which is a function of the moulded
volume of all cargo spaces of the ship. The net tonnage shall not be taken as less
than 30 per cent of the gross tonnage.
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The 1973 Protocol entered into force in 1983 and has been amended subsequently
to update the list of substances attached to it.
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68
IMO, in co-operation with the Economic Commission for Europe, developed a draft
convention and in 1972 the finalized Convention was adopted at a conference jointly
convened by the United Nations and IMO.
The 1972 Convention for Safe Containers has two goals.
One is to maintain a high level of safety of human life in the transport and handling
of containers by providing generally acceptable test procedures and related strength
requirements.
The other is to facilitate the international transport of containers by providing uniform
international safety regulations, equally applicable to all modes of surface transport.
In this way, proliferation of divergent national safety regulations can be avoided.
The requirements of the Convention apply to the great majority of freight containers
used internationally, except those designed specially for carriage by air. As it was
not intended that all containers or reusable packing boxes should be affected, the
scope of the Convention is limited to containers of a prescribed minimum size
having corner fittings - devices which permit handling, securing or stacking.
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Under the treaty, the International Mobile Satellite Organization (IMSO) has been
established as the inter-governmental body that oversees the provision of certain
satellite-based maritime distress communication services, specifically those used in
the Global Maritime Distress and Safety System (GMDSS).
IMO is currently reviewing the GMDSS, to modernize it and bring it up to date.
International Mobile Satellite Organization (IMSO)
IMSO is headquartered in London and has more than 100 Member States.
As well as overseeing satellite communications under the GMDSS, IMSO has also
been appointed by IMO to audit and review the performance of the international
system for the Long Range Identification and Tracking of Ships (LRIT).
Recognition of providers of mobile satellite communications systems in the GMDSS
IMO has adopted Criteria for the Provision of Mobile Satellite Communication
Systems in the GMDSS (Resolution A.1001(25)).
This sets out the criteria and process for evaluating mobile satellite communication
systems that might have the potential to offer maritime distress and safety
communications within the GMDSS.
Recognition of a mobile satellite communication system for use in the GMDSS
would be given by IMOs Maritime Safety Committee (MSC).
Inmarsat
Currently, only Inmarsat has been approved to provide satellite communication
systems for use in the GMDSS.
Iridium
IMSO has completed a report on the technical and operational assessment of the
application by the United States to recognize and use the Iridium mobile satellite
system in the GMDSS.
The application is currently being considered by the Sub-Committee on Navigation,
Communication, Search and Rescue (NCSR), which reports to the MSC.
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28. Convention for the Suppression of Unlawful Acts against the Safety
of Maritime Navigation, Protocol for the Suppression of Unlawful Acts
against the Safety of Fixed Platforms Located on the Continental Shelf
Adopted 10 March 1988; Entry into force 1 March 1992; 2005 Protocols: Adopted 14
October 2005; Entry into force 28 July 2010
Concern about unlawful acts which threaten the safety of ships and the security of
their passengers and crews grew during the 1980s, with reports of crews being
kidnapped, ships being hi-jacked, deliberately run aground or blown up by
explosives. Passengers were threatened and sometimes killed.
In November 1985 the problem was considered by IMO's 14th Assembly and a
proposal by the United States that measures to prevent such unlawful acts should
be developed by IMO was supported.
The Assembly adopted resolution A.584(14) Measures to prevent unlawful acts
which threaten the safety of ships and the security of their passengers and crew,
then in 1086 the Maritime Safety Committee (MSC)
issued a Circular
(MSC/Circ.443) on Measures to prevent unlawful acts against passengers and
crews on board ships.
In November 1986 the Governments of Austria, Egypt and Italy proposed that IMO
prepare a convention on the subject of unlawful acts against the safety of maritime
navigation 'to provide for a comprehensive suppression of unlawful acts committed
against the safety of maritime navigation which endanger innocent human lives,
jeopardize the safety of persons and property, seriously affect the operation of
maritime services and thus are of grave concern to the international community as a
whole."
72
The 1989 Convention seeks to remedy this deficiency by making provision for an
enhanced salvage award taking into account the skill and efforts of the salvors in
preventing or minimizing damage to the environment.
73
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37. The Hong Kong International Convention for the Safe and
Environmentally Sound Recycling of Ships
Adoption: 15 May 2009; Entry into force: 24 months after ratification by 15 States,
representing 40 per cent of world merchant shipping by gross tonnage, combined
maximum annual ship recycling volume not less than 3 per cent of their combined
tonnage
The Hong Kong Convention) is aimed at ensuring that ships, when being recycled
after reaching the end of their operational lives, do not pose any unnecessary risk to
human health and safety or to the environment.
The Hong Kong Convention was adopted at a Diplomatic Conference held in Hong
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Kong, China, in May 2009 and was developed with input from IMO Member States
and non-governmental organizations, and in co-operation with the International
Labor Organization and the Parties to the Basel Convention on the Control of Trans
boundary Movements of Hazardous Wastes and their Disposal. It intends to
address all the issues around ship recycling, including the fact that ships sold for
scrapping may contain environmentally hazardous substances such as asbestos,
heavy metals, hydrocarbons, ozone depleting substances and others. It will address
concerns about working and environmental conditions in many of the world's ship
recycling facilities.
Regulations in the new Convention cover: the design, construction, operation and
preparation of ships so as to facilitate safe and environmentally sound recycling,
without compromising the safety and operational efficiency of ships; the operation of
ship recycling facilities in a safe and environmentally sound manner; and the
establishment of an appropriate enforcement mechanism for ship recycling,
incorporating certification and reporting requirements.
Ships to be sent for recycling will be required to carry an inventory of hazardous
materials, which will be specific to each ship. An appendix to the Convention
provides a list of hazardous materials, the installation or use of which is prohibited
or restricted in shipyards, ship repair yards, and ships of Parties to the Convention.
Ships will be required to have an initial survey to verify the inventory of hazardous
materials, renewal surveys during the life of the ship, and a final survey prior to
recycling.
Ship recycling yards will be required to provide a Ship Recycling Plan, to specify the
manner in which each individual ship will be recycled, depending on its particulars
and its inventory. Parties will be required to take effective measures to ensure that
ship recycling facilities under their jurisdiction comply with the Convention.
A series of guidelines are being finalized to assist in the Convention's
implementation.
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C094
Subject: Wages
C095. Protection of Wages Convention, 1949
Subject: Wages
C096. Fee-Charging Employment Agencies Convention (Revised), 1949
Subject: Agencies
C097. Migration for Employment Convention (Revised), 1949
Subject: Migrant workers
C098. Right to Organize and Collective Bargaining Convention, 1949
Content: The right to collective bargaining with an employer through a
trade union.
Subject: Unions
C099. Minimum Wage Fixing Machinery (Agriculture) Convention, 1951
Subject: Wages
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Subject: Safety
C117. Social Policy (Basic Aims and Standards) Convention, 1962
Subject: Social security
C118. Equality of Treatment (Social Security) Convention, 1962
Subject: Equality
C120. Hygiene (Commerce and Offices) Convention, 1964
Subject: Safety
C121. Employment Injury Benefits Convention, 1964
Subject: Social security
C122. Employment Policy Convention, 1964
Content: Requirement to develop "co-ordinated economic and social
policy"" for the aim of full employment.
Subject: Unemployment
C124. Medical Examination of Young Persons (Underground Work)
Convention, 1965
Subject: Safety
C128. Invalidity, Old-Age and Survivors' Benefits Convention, 1967
Subject: Social security
C129. Labor Inspection (Agriculture) Convention, 1969
Subject: Administration
C130. Medical Care and Sickness Benefits Convention, 1969
Subject: Safety
C131. Minimum Wage Fixing Convention, 1970
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Subject: Wages
C132. Holidays with Pay Convention (Revised), 1970
Subject: Working time
C133 Accommodation of Crews (Supplementary Provisions) Convention,
1970
Subject: Seafarers
C135. Workers' Representatives Convention, 1971
Subject: Representation
C137. Dock Work Convention, 1973
Subject: Seafarers
C138. Minimum Age Convention, 1973
Concept: The requirement that people are at least 15, or a higher age
determined by member states, or 14 for member states whose
education systems are developing, before working, and 18 years old
before dangerous work.
Subject: Children
C139. Occupational Cancer Convention, 1974
Subject: Safety
C140. Paid Educational Leave Convention, 1974
C140
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Subject: Administration
C143. Migrant Workers (Supplementary Provisions) Convention, 1975
Subject: Migrant workers
C144. Tripartite Consultation (International Labor Standards) Convention,
1976
Subject: Administration
C145. Continuity of Employment (Seafarers) Convention, 1976
Subject: Seafarers
C146. Seafarers' Annual Leave with Pay Convention, 1976
Subject: Seafarers
C147. Merchant Shipping (Minimum Standards) Convention, 1976
Concept: Also, Protocol of 1996 to the Merchant Shipping (Minimum
Standards) Convention, 1976, P147.
Subject: Seafarers
C148. Working Environment (Air Pollution, Noise and Vibration) Convention,
1977
Subject: Safety
C149. Nursing Personnel Convention, 1977
Subject: Specific
C150. Labor Administration Convention, 1978
Subject: Administration
C151. Labor Relations (Public Service) Convention, 1978
Subject: Representation
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STCW and MARPOL. The treaties applies to all ships entering the harbors of
parties to the treaty (port states), as well as to all states flying the flag of state party
(flag states, a0s of 2013: 50 per cent).
The convention entered into force on 20 August 2013, one year after registering 30
ratifications of countries representing over 33 per cent of the world gross tonnage of
ships. Already after five ratifications the ratifying countries (Bahamas, Norway,
Liberia, Marshall Islands, and Panama) represented over 43 per cent of the gross
world tonnage (which is over 33 per cent; the second requirement for entry into
force). As of the August 2016, the convention has been ratified by 77 states
representing over 87 per cent of global shipping.
Although the Convention has not been ratified worldwide, it has widespread effect
because vessels from non-signatory states that attempt to enter ports of signatory
states may face arrest and penalties for non-compliance with the MLC.
Content and organization
The convention consists of the sixteen articles containing general provisions as well
as the Code. The Code consists of five Titles in which specific provisions are
grouped by standard (or in Title 5: mode of enforcement):
Title 1: Minimum requirements for seafarers to work on a ship
Title 2: Conditions 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
For Each Title, there are general Standards, which are further specified in
mandatory Regulations (list A) as well as Guidelines (List B). Guidelines generally
form a form of implementation of a Regulation according to the requirements, but
States are free to have different implementation measures. Regulations should in
principle be implemented fully, but a country can implement a "substantially
equivalent" regulation, which it should declare upon ratification.
Some seafarers criticize the convention, saying that it lacks teeth, does not address
real issues, and skirts important seafarer needs such as decent sized cabins,
cupboards in cabins, shore leave, and rest hours by including them into Guidelines
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payments.
Manning: Every ship should have a sufficient manning level
Title 3: Accommodation, Recreational Facilities, Food and Catering
The title specifies rules detailed rules for accommodation and recreational facilities,
as well as food and catering.
Accommodation: Accommodation for living and/or working should be "promoting the
seafarers' health and well-being". Detailed provisions (in rules and guidelines) give
minimum requirements for various types of rooms (mess rooms, recreational rooms,
dorms etc.).
Food and Catering: Both food quality and quantity, including water should be
regulated in the flag state. Furthermore, cooks should have proper training.
Title 4: Health Protection, Medical Care, Welfare and Social Security
Protection
Title 4 consists of 5 regulations about Health, Liability, Medical care, Welfare and
social security.
Medical care on board ship and ashore: Seafarers should be covered for and have
access to medical care while on board; in principle at no cost and of a quality
comparable to the standards of health care on shore. Countries through which
territory a ship is passing should guarantee treatment on shore in serious cases.
Ship owners' liability: Seafarers should be protected from the financial effects of
"sickness, injury or death occurring in connection with their employment". This
includes at least 16 weeks of payment of wages after start of sickness.
Health and safety protection and accident prevention: A safe and hygienic
environment should be provided to seafarers both during working and resting hours
and measures should be taken to take reasonable safety measures.
Access to shore-based welfare facilities: Port states should provide "welfare,
cultural, recreational and information facilities and services" and to provide easy
access to these services. The access to these facilities should be open to all
seafarers irrespective of race, sex, religion or political opinion.
Social security: Social security coverage should be available to seafarers (and in
case it is customary in the flag state: their relatives).
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01
02
03
(acceded) 27.05.1976
(acceded) --------------
(acceded) 10.05.1978
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04
05
06
(acceded) 10.02.1979
08
(acceded) 10.11.1978
07
(acceded) 10.08.1978
(acceded) 06.02.1982
09
(acceded) 04.02.1982
(acceded) 18.07.1982
10
(acceded) ----------------
11
INMARSAT OA 1976
(acceded) ---------------
12
(accepted) 28.04.1984
13
(acceded) 28.10.2000
14
(acceded) 04.11.2002
15
16
Convention 1966
(acceded) 04.11.2002
(acceded) ----------------
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(acceded) 04.11.2002
18
(acceded) 04.11.2002
19
(acceded) 04.11.2002
20
(acceded) 04.11.2002
21
(acceded) 04.11.2002
22
OPRC 1990
(acceded) 23.07.2004
23
(acceded) 07.09.2005
24
SUA Protocol 88
(acceded) --------------
25
IMO amendments 91
(acceded) --------------
26
SAR 1979
(acceded) 31.07.2011
27
STCW 2010
(acceded) 02.12.2012
42. Conclusion
In the vast field of conventions there is no scope to put any personal input or point
of view as these are matters of laws and regulations. in my study i tried to outline
the conventions and tried to relate them in terms of their implementation. Marine
sector is rigidly bound by regulations of many conventions and in practical the
regulations has to followed word by word. That is why, in my limited understanding, i
think that during application the original document always should be sourced to
avoid any misinterpretation or ambiguity. I truly believe that the sincere application
of these conventions will ensure safety and security of lives and efficient
management of trade.
A Compilation on Comprehensive Study of IMO, ILO, STCW & MLC Conventions by A. S. M. Rayhan Sharif
97
Sources
www.imo.org
www.ilo.org
www.dos.gov.bd
www.wikipedia.org
www.google.com
www.marineengineeringonline.com
www.marinestudy.net
www.marineinsight.com
A Compilation on Comprehensive Study of IMO, ILO, STCW & MLC Conventions by A. S. M. Rayhan Sharif
98