Amendments To The Code Of The Maritime Labour Convention
December 21, 2016
In 2014 at the 103rd International Labour Conference, Amendments to the Code of the Maritime Labour Convention (MLC, 2006) were adopted. It was two year` consultation period, within which all member states had an opportunity to express their formal disagreement to the Amendments. In case there would be such a disagreement expressed by at least 40% of the member states, representing at least 40% of the world`s tonnage, the Amendments would not enter into the force. However, it is known that only two Governments expressed their willingness not to be bounded by new amendments, consequently, the Amendments to the Code of the Maritime Labour Convention will enter into force on 18 January 2017.
From 18 January 2017, all vessels that are subject to the MLC will be required to carry onboard two certificates (issued by an Insurer or any other financial security provider) confirming that insurance or financial security is in place as required under:
1) Regulation 2.5.2, Standard A2.5.2 of the MLC 2006 as amended. Shipowner`s liabilities for repatriation of a crew member, including food, accommodation, medical costs, wages (up to 4 months outstanding contractual wages) and other expenses reasonably incurred in the event of abandonment.
2) Regulation 4.2, Standard A4.2 paragraph 1(b) of the MLC 2006 as amended. Contractual payment for death or long-term disability of seafarers due to an occupational injury, illness or hazard, as set out in the seafarer`s employment agreement or collective agreement.
A vessel is subject to the MLC if she is registered in a state, where the MLC is in force (full list available here: http://www.ilo.org/global/standards/maritime-labour-convention/database-ratification-implementation/lang–en/index.htm), or calling at a port in a jurisdiction where MLC is in force.
P&I Clubs and some maritime insurance providers have already released the respective Certificates. These are released in PDF format for each vessel with wording similar to the “blue cards”. The Certificates should be placed in a conspicuous place on board, where they are available to the seafarers. It should be noted, that conversely to the blue cards, the Certificates are not issued by the Flag States. Though, some Flag States may require Shipowners to provide the relevant authority with a copy of it.
We are pleased to confirm that Marine Services Group Shipowner`s Departments have been in touch with P&I Clubs and maritime insurance providers in order to supply our clients with the confirmation that their P&I insurance is in line with the respective Amendments.