Cleanthis Orphanos Head Maritime Labour Section Department of Merchant Shipping-Cyprus Norwegian Centre for Maritime Medicine

4/23/2012 1

• Legal Implementation and Ratification

Soft – Not over & above MLC, 2006

Ratification Bill passed – Imminent ratification of MLC, 2006

(25+1=26 Ratifications until now)

Inspection System

FSC & PSC

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Definition of Shipowner: Same as MLC, 2006 Technical problems when the crew employer

is not the Shipowner: Standard A2.1.1(a): “It is the responsibility of

the Shipowner to make sure that Seafarers have contractual or similar arrangements providing them with decent working conditions as required by the Convention”

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Definition of Seafarer same as MLC, 2006

In case of doubt: Resolution concerning info on occupational groups

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Ratification Law stipulates categories not considered Seafarers

scientists, researchers, divers, specialist off-shore technicians, etc.

harbour pilots, inspectors, surveyors, auditors, superintendents etc.

guest entertainers, repair technicians, port workers non-marine personnel, employed under outsourced

service agreements, the terms of which determine the conditions under which the service provider will supply the personnel

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Flag State Control

5.1.2 - Authorization of ROs

5.1.3 – Issue of MLC and DMLC

5.1.4 – Inspection and enforcement

5.1.5 – On-board complaint procedure

5.1.6 – Marine casualties Investigation

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Authorization of ROs ROs Capacity – Checked (ROs submitted to DMS

MLC, 2006 inspection & certification system)

• Inspection and certification functions will be delegated to ROs - all IACS

1. ABS 5. GL 9. PRS 2. BV 6. KR 10. RINA 3. CCS 7. LRS 11. RMRS 4. DNV 8. NK

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Issue of MLC and DMLC

Issue by the DMS of a DMLC Part I to about 850 ships

Preparation of the DMLC Part II and Ship by the Shipowner

Approval of the DMLC Part II and issue of the Maritime Labour Cert. (MLC) by ROs

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•No instructions will be given by DMS for preparation of the DMLC PART II

•ROs have prepared instructions and check-lists to assist shipowners

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Inspection and Enforcement

Three (3)Marine Surveyors have been trained at ILO Training Centre at Turin

These (3) trained in house all DMS Surveyors who perform FSC & PSC

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On-board complaint procedure:

Model Format will be provided to assist

Shipping Companies but it will not be compulsory

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Marine casualties Investigation:

DMS/Marine Casualties Investigation Division will continue to investigate Labour Accidents

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Port State Control: ILO Guidelines for PSCOs carrying out

inspections under the MLC, 2006

Paris MOU Guidance follow the ILO Guidelines

The Paris MOU procedures and instructions will be followed

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PORT STATE CONTROL •MLC, 2006 inspections in conjunction with SOLAS, MARPOL , STCW, LL etc. •On-Shore Complaint Handling Procedures have been established

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Seafarer Recruitment & Placement Agencies:

There are no in Cyprus

Nevertheless there is a legal Framework in case of future establishment

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Reg. 2.5: Repatriation

Reg. 2.6: Seafarer compensation for the ship’s loss or foundering

Reg. 4.2: Shipowners' liability

Generally covered by P&I Clubs but will need either to be widened or Shipowners will need to obtain separate insurances

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IG PANDI is currently exploring the possibility of a group solution and one of the proposals is that a shipowner obtains a ‘Certificate of Financial Responsibility’ (COFR), backed by commercial insurers, which would provide specific cover for these new liabilities as an extension to their P&I cover.

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Some P&I Clubs provide in their Rules, that even if a Member (Shipowner) has not paid its calls, the Club will pay damages or compensation for personal injury, illness or death of a seaman directly to the seaman

A P&I Club “Certificate of Entry” is deemed

to satisfy this requirement by Cyprus and other Flag States

(Even if it does not cover all provisions)

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Cyprus recognises Medical Certificates issued by Countries which are on the IMO’s STCW White List

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According to the STCW Manila Amendments (came into force on 1st Jan., 2012) the procedures for the issue of Medical Certificates will be added to the Quality System for the issue of STCW CoC. Therefore, a Procedure for Audit of Medical Examiners will have to be included in the Quality System

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• Member State

Department of Merchant Shipping

• Shipowners Organizations

Cyprus Shipping Chamber (CSC)

Cyprus Union of Shipowners (CUS)

• Seafarers

SEK trade Union (SEK) (Affiliated with ITF)

Pancyprian Federation of Labour (PEO)

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Contact person(s):

1..................................

2..................................

TEL: + 357 25 823715

Fax: /+357 25-305030

E – Mail: mlc@dms.mcw.gov.cy

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It shall be used for: 1. Asking questions regarding the

implementation of the Convention 2. Submission of Applications for the issue

of the DMLC Part I 3. Requests for information from PSC

Authorities 4. Reporting Seafarers complaints serving

on Cyprus Flagged ships

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The shipowner shall submit to the DMS/MLC, 2006 Contact Point electronically (E-Mail: mlc@dms.mcw.gov.cy) an application

“Application for the issue of a DMLC” properly completed and pay the required fee

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The DMS based on the information submitted by the shipowner, will issue the DMLC Part I for the ship, duly completed

Part II will have to be completed by the shipowner.

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The shipowner shall prepare the DMLC Part II and request an authorized RO to approve it, inspect the ship and then issue the MLC.

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Standard Medical Certificate

Seafarer’s Book (Record of Employment)

Seafarer Employment Agreement (SEA)

CBA (IF ANY)

Copy of National Repatriation Provisions

Standardized Table of Shipboard Working Arrangements

Standardized Table of Daily Hrs of Work/Rest

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Safe Manning Document (Circ. 16/2002)

Standard Medical Report Form for Seafarers

Doc. for On-Board Complaint Procedures

Report Form for Personal Injury or Loss of Life

Risk Assessment Form (Circ. 20/2005)

P&I Club “Certificate of Entry”

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A copy of the MLC, 2006 A copy of the Cyprus Code of Safe Working

Practices (Circ. 20/2005) A copy of the ILO publication Accident

Prevention at Sea and in Port A copy of the ILO publication Ambient Factors

in the Workplace International Medical Guide for Ships, 3rd

Edition (WHO)

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Medical First Aid Guide for use in Accidents Involving Dangerous Goods (MFAG),

2004 Edition (IMO) / (IMO/WHO/ILO) (Ships that carry or might carry Dang. Goods

International Code of Signals, 2005 Edition (IMO)

IAMSAR Manual Vol.3, 2010 Edition

Cyprus Laws implementing the MLC, 2006

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