Global Maritime Regulatory System

IMO – the International Maritime Organization – is the United Nations specialized agency with responsibility for the safety and security of shipping and the prevention of marine and atmospheric pollution by ships. IMO's work supports the UN SDG'S

INTERNATIONAL CONVENTION OF SAFETY OF LIFE AT SEA(SOLAS)/ PROVISION

SOLAS 1974 requires flag states to ensure that ships flagged by them comply with the minimum safety standards in the construction, equipment and operation of merchant ships. The treaty includes articles setting out general obligations, etc., followed by an annex divided into twelve chapters, two new chapters were added in 2016 and 2017. 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 V 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, cargo ships and tanker.

Chapter III – Life-saving appliances and arrangements

Life-saving appliances and arrangements, including requirements for life boats, rescue boats and life jackets according to type of ship. The specific technical requirements are given in the International Life-Saving Appliance (LSA) Code.

Chapter IV – Radiocommunications

The (GMDSS) requires passenger and cargo ships on international voyages to carry radio equipment, including satellite  (EPIRBs) and  (SARTs).

Chapter V – Safety of navigation

This chapter requires governments to ensure that all vessels are sufficiently and efficiently manned from a safety point of view. It places requirements on all vessels regarding voyage and passage planning, expecting a careful assessment of any proposed voyages by all who put to sea. Every mariner must take account of all potential dangers to navigation, weather forecasts, tidal predictions, the competence of the crew, and all other relevant factors. It also adds an obligation for all vessels' masters to offer assistance to those in distress and controls the use of lifesaving signals with specific requirements regarding danger and distress messages. It is different from the other chapters, which apply to certain classes of commercial shipping, in that these requirements apply to all vessels and their crews, including yachts and private craft, on all voyages and trips including local ones.

Chapter VI – Carriage of Cargoes

Requirements for the stowage and securing of all types of cargo and cargo containers except liquids and gases in bulk.

Chapter VII – Carriage of dangerous goods

Requires the carriage of all kinds of dangerous goods to be in compliance with the International Bulk Chemical Code (IBC Code), The International Code of the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code) and the (IMDG Code).

Chapter VIII – Nuclear ships

Nuclear powered ships are required, particularly concerning radiation hazards, to conform to the Code of Safety for Nuclear Merchant Ships.

Chapter IX – Management for the Safe Operation of Ships

Requires every shipowner and any person or company that has assumed 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 facilities 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 metres 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).

source:google

 THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLUTIONS BY THE SHIPS(MARPOL)

MARPOL is the main international convention aimed at the prevention of pollution from ships caused by operational or accidental causes. It was adopted at the International Maritime Organization (IMO) in 1973. The Protocol of 1978 was adopted in response to a number of tanker accidents in 1976–1977. The 1978 Protocol was absorbed into the parent Convention and the combined instrument entered into force in 1983. In 1997, a Protocol was adopted to amend the Convention and a new Annex VI was added, which came into force in May 2005. The technical requirements of MARPOL are included in six separate Annexes:

SOURCE:GOOGLE

• Annex I—Regulations for the Prevention of Pollution by Oil
• Annex II—Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk
• Annex III—Prevention of Pollution by Harmful Substances Carried in Sea in Packaged Form
• Annex IV—Prevention of Pollution by Sewage from Ships
• Annex V—Prevention of Pollution by Garbage from Ships
• Annex VI—Prevention of Air Pollution from Ships

                             MARITIME LABOUR CONVENTION 2006

The Maritime Labour Convention 2006 (MLC) is an international agreement of the International Labour Organisation (‘ILO’) which sets out seafarers’ rights to decent conditions of work.  It is sometimes called the ‘Seafarers’ Bill of Rights’.  It applies to all seafarers, including those with jobs in hotel and other passenger services on cruise ships and commercial yachts,

In 2013 the MLC became binding law for 30 countries. 

As of January 2019, a total of 90 countries had ratified the MLC 2006, which has resulted in more than 91% of the world’s shipping fleet being regulated. For detailed information please visit the ILO WEBSITE.

More than 100 pages long, the MLC 2006 sets minimum requirements for nearly every aspect of working and living conditions for seafarers including recruitment and placement practices, conditions of employment, hours of work and rest, repatriation, annual leave, payment of wages, accommodation, recreational facilities, food and catering, health protection, occupational safety and health, medical care, onshore welfare services and social protection.

A second set of amendments to the Maritime Labour Convention (MLC) for improving crew safety and welfare came into force on 8 January 2019.

• Account is to be taken of the latest version of the guidance on eliminating shipboard harassment and bullying, jointly published by the International Chamber of Shipping (ICS)  and the International Transport Workers’ Federation (ITF).
• In addition to the various health and safety matters which the MLC requires should be taken into account, there is added ‘harassment and bullying‘.
• To the list of matters which should be considered for investigation in a health and safety context, there is added ‘problems arising from harassment and bullying‘.

Bullying and harassment, including sexual harassment, is an abuse of human rights and living on a ship offers limited alternatives to avoid it. Although these changes are non-mandatory, flag states must give due consideration to implementing them.

A further amendment has been made to mandatory Standard A5.1.3, whereby flag states may extend the validity of a Maritime Labour Certificate (which is otherwise limited to a maximum period of validity of five years) by up to a further five months.  This will apply where a ship has successfully completed an MLC renewal inspection, but a new certificate cannot immediately be issued and made available on board.

 

SOURCE:GOOGLE

                                                        

STCW stands for Standards of Training, Certification, and Watchkeeping. The reason for them is, among other things, to keep you, a seafarer, safe while at sea.

The standards were first adopted in 1978; to come into force they had to be ratified by 25 nations, with the condition that these nations had at least 25% of the gross world tonnage of ships 100 gross tons or more. The standards came into effect in April 1984 when the condition was met. Amendments were made in 1995 that came into force in February 1997. Further amendments were adopted in 2010 and came into force in January 2012. As of 2018, 164 nations, representing 99.2 percent of world shipping tonnage, have ratified the STCW.

The standards are enforced by the International Maritime Organization (IMO), which was created in 1948 and came into force in 1958. In addition to enforcing the STCW, the IMO has created and/or oversees numerous international agreements concerning the seas, including the International Convention for the Prevention of Pollution from Ships (MARPOL), the International Convention for the Safety of Life at Sea (SOLAS), the International Mobile Satellite Organization (IMSO), and the Convention for the Suppression of Unlawful Acts (SUA) Against the Safety of Maritime Navigation.

The 1995 amendments were mostly administrative in nature, especially with respect to nations better communicating with the International Maritime Organization (IMO) to allow it to better oversee and enforce the standards.

The 2010 amendments were aimed primarily at keeping seafarers current with new technology and also added security training in light of increased problems with the hijacking of ships by pirates. The list of changes included:

• Measures designed to reduce fraud regarding certifications and greater monitoring of compliance with the convention;
• New standards with respect to work and rest hours, medical fitness requirements, and prevention of alcohol and drug abuse;
• New training and certification requirements for able seafarers and electro-technical officers, and for all crew in marine environment awareness, leadership and teamwork, and security including what to do during a pirate attack;
• New recommended training for crew operating Dynamic Positioning Systems, for crew on board vessels steaming in polar waters, and related to new technologies such as electronic charts and information systems (ECDIS);
• Updated competence requirement for all crew serving on all types of tankers.

Thus, safety as sea through better oversight by the IMO was the main goal of the 1995 amendments, safety by way of improved standards and training for crew were the main goals the main goals of the 2010 amendments.

STCW standards

The standards under the STCW include those for masters, chief mates, officers in charge of navigational watches (OICNW), ratings forming part of navigational watches (RFPNW), able seafarer deck hands (AB Deck), radio operators (who, among other things, must demonstrate proficiency in the Global Maritime Distress and Safety System {GMDSS}), chief engineers, second engineers, officers in charge of engineering watches (OICEW), ratings forming part of engineering watches (RFPEW), able seafarer engine ratings (AB Engine), electro-technical officers (ETO), electro-technical ratings (ETR), and other more general standards.

Requirements typically include the following:

• Training in and certification from the country of citizenship for the particular position;
• Endorsement of the certification by the ship’s flag state;
• Safety training including survival at sea, fire prevention, and fighting, first aid and, in some cases, more advanced medical training
• Launching and handling rescue craft;
• Ship specific familiarisation and training
• Personal and social responsibilities
• Security awareness and training
• Environmental awareness
• Medical fitness

The standards apply to all vessels greater than 24 meters in length, and apply to all crew, even, for example, chefs working on large yachts that are engaged in trade. In some cases training and certification must have been completed in the not-too-distant-past, often within the past five years; refresher courses and revalidation are sometimes required. For certain positions, especially the more senior positions such as masters, chief mates, and chief engineers, there are minimum sea-going-time requirements.

In addition to position specific training, STCW courses are available concerning the environment, cargo operations, ship simulation, ship survey, port state control, and search and rescue. Note that for people working on fishing vessels, a separate set of standards are in effect, the International Convention on Standards of Training, Certification, and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995. These standards apply to vessels longer than 24 meters in length and with engines generating more than 750kW.

 Purpose of the STCW Convention

If you’ve read this far, you might guess. The purpose of the STCW is to have kept the world’s seas and ships safe for all, including the crew and the environment. Article 1(a) of the IMO Convention, the IMO being the organisation that enforces the STCW, clearly states the purpose: “to provide machinery for cooperation among governments in the field of governmental regulation and practices relating to technical matters of all kinds affecting shipping engaged in international trade; to encourage and facilitate the general adoption of the highest practicable standards in matters concerning maritime safety, efficiency of navigation, and prevention and control of marine pollution from ships”. They will keep you safe, too.