Port State Control on Maritime Labour Convention, 2006

1. Port State Control on Maritime Labour Convention, 2006 Tokyo MOU

2. Index • (1) Overview • (2) Outline of MLC,2006 • (3) PSC inspection regarding MLC,2006 • (3-1) Initial inspection • (3-2) More detailed inspection • (3-3) Complaints • (3-4) Rectification Action Plan • (3-5) Reporting

3. (1) Overview

4. (1) Overview ILO International LabourOrganization ● Founded on 1919.First specialized agency of the UN ● Main aim is “to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue in handling work-related issues” on 1st June 2012 ● Member states:185 countries 189conventions, 5protocols and 201 recommendations ● on 1st June 2012 (IMO has 50 conventions and protocols) ● Special tripartite committee （consist of following representatives. Government２, Shipowner１,Seafarers１)

5. (1) Overview The forth pillar of international regulatory regime Problems in current ILO conventions • Many of the existing maritime labour Conventions were out of date and did not reflect contemporary working and living conditions • Many of the conventions are very detailed and difficult for governments to ratify all • Many of the conventions had low levels of ratification More than 68 international labour standards are consolidated and updated ILO adopted MLC,2006 on 23rd Feb. 2006 SOLAS “International Convention for the Safety of Life at Sea” MARPOL “International Convention for the Prevention of Pollution from Ships” IMO STCW “International Convention on Standards of Training, Certification and Watchkeeping for Seafarers “ MLC “Maritime Labour Convention, 2006” ILO

6. (1) Overview Current situation Excellent ship ・Decent working condition ・High level of safety Port in country A ・Bad working condition（e.g. long working hours） ・Low level of safety Substandard ship Port in country B Problems ・There is unfair competition (substandard ships are low cost) ・An increase of substandard ships may cause ship’s casualty ・Modernization of shipping doesn’t progress

7. (1) Overview After entry into force of the convention Flag state inspection PSC Detention until rectification non-members’ ships are also inspected I want decent working condition. Inspection of working condition Substandard ship (country B) Port in country C If we have an appropriate certificate, PSC inspections become easier If certificates are appropriate, initial inspection only Port in country A Substandard ship(country A) Excellent ship (country A)(Flag state inspection was already carried out) Effect (1)A level playing field in global standard (2)Improvement of working condition and safe voyage (3)Elimination of sub standard ship by Flag State inspections and PSC (4)Improving efficiency of PSC with certificates issued in flag state inspections

8. (1) Overview • Maritime Labor Convention (MLC,2006) • Thirty countries ratified on 20th August 2012 • Entry into force on 20th August 2013 (for the 30 countries) • If another country ratifies MLC 2006, it will entry into force 12 months after the country’s ratification 12 months PSC inspections start

9. (2) OUTLINE of MLC,2006

10. (2) Outline of MLC,2006- structure Structure of the convention ArticleI - XVI TITLE1. MINIMUM REQIREMENTS FOR SEAFARERS TO WORK ON A SHIP TITLE2. CONDITIONS OF EMPLOYMENT TITLE3. ACCOMMODATION, RECRATIONAL FACILITIES, FOOD AND CATERING TITLE4. HEALTH PROTECTION, MEDICAL CARE, WELFARE AND SOCIAL SECURITY PROTECTION TITLE5. COMPLIANCE AND ENFORCEMENT

11. (2) Outline of MLC,2006 - structure Structure of the convention MLC, 2006 Articles • Articles • Regulations • Part A: Standard (Mandatory) • Part B: Guideline (Not mandatory) Regulation 1.1 Part A 1.1 Part B 1.1 Regulation 1.2 Part A 1.2 Part B 1.2 Regulation 1.3

12. (2) Outline of MLC,2006 All seafarerswho are on board a shipto which MLC 2006 applies • MLC 2006, applies: All ships engaged in commercial activities MLC 2006, does NOTapply to: Ships of Traditional build Ships engaged in not commercial activity warships Fishing vessels

13. (2) Outline of MLC,2006 The definition of ship owner（Article II） Ship owner（either A or B） Ship operator, employerof seafarers Ship owner （A） Another organization or person（B） ･Responsibility for the operation of the ship ･duties and responsibilities imposed in accordance with this Convention Manager Bareboat charterer Agent who has assumed the responsibility for the operation of the ship and agreed to take over the duties and responsibilities imposed in accordance with this convention Taking over An organization or a person who made DMLCPart II

14. (2) Outline of MLC,2006 Pilot Repairer Guest entertainer Captain C/O Service crew Ship owner Operator Management company Seafarers Workers on shore(Not seafarer) Seafarers In the event of doubt In the event of doubt as to whether any categories of persons are to be regarded as seafarers, the question shall be determined by the competent authority in each member after consultation with the shipowners’ and seafarers’ organizations. The determination shall be communicated to the ILO. Ships In the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned. The determination shall be communicated to the ILO.

15. (2) Outline of MLC,2006– Title 1minimum requirements for seafarers Minimum age（Reg.1.1） No person below the minimum age shall be employed or engaged or work on a ship Under the age of 16 Work on board a ship A period of at least 9 hours including 0 AM - 5 AM Night work Under the age of 18 • An exception of Night work • the effective training of the seafarers would be impaired • the specific nature of the duty or a recognized training programme requires that the seafarers perform duties at night and the authority determines, after consultation with the shipowners’ and seafarers’ organizations Dangerous work

16. (2) Outline of MLC,2006– Title 1minimum requirements for seafarers taking medical examination Further examination Medical Certificate（Reg.1.2） Seafarers shall not work on a ship unless they are certified as medically fit to perform their duties Medical practitioner Seafarers Medical certificate （STCW’s certificate is OK） Each medical certificate shall state ・the hearing and sight are satisfactory ・color vision (when affected) is satisfactory ・medical condition fit for service at sea able to work certificate refused or limitation imposed another independent medical practitioneror medical referee.

17. (2) Outline of MLC,2006– Title 1minimum requirements for seafarers the period of validity of medical certificate…maximum two years（if under the age of 18, one year） the period of validity of a certification of colour vision …maximum six years • Medical Certificate（Reg.1.2）(continue) ○ In urgent cases the competent authority may permit a seafarer to work without a valid medical certificate until the next port of call where the seafarer can obtain a medical certificate (maximum 3 months) ○ If the period of validity of a certificate expires in the course of a voyage the certificate shall continue in force until the next port of call where the seafarer can obtain a medical certificate (maximum 3 months)

18. (2) Outline of MLC,2006– Title 1minimum requirements for seafarers Training and qualifications（Reg.1.3） seafarers shall be trained or qualified to carry out their duties on board ship Certification or qualification to perform duties Seafarers Permitted to work Training for personal safety on board ship Training and certification in accordance with the mandatory instruments adopted by the IMO shall be considered as meeting the requirements

19. (2) Outline of MLC,2006– Title 1minimum requirements for seafarers Recruitment and placement（Reg.1.4） Ship owners shall use seafarer recruitment and placement services that conform to the requirements of the convention services operating in a Member’s territory services operating in a nonmember’s territory The service may not comply with the convention The services comply with the convention recruitment Seeking a job（Free of charge） employment agreement the service that comply with the convention shall be used Seafarers Shipowners Each Member require that the shipowners who use seafarer recruitment and placement services based in nonmember’s territory, ensure that those services meet the requirements of the convention.

20. (2) Outline of MLC,2006– Title 2. conditions of employment Seafarers’ employment agreements（Reg.2.1） Showing clear Condition of employment Seafarer Ship owner agreement Corrective Bargaining Agreement (CBA) SEA signed by both of them Original Original All or part of a SEA A copy shall be available onboard seafarers shall be given a record of their employment onboard the ship A copy shall be available onboard

21. (2) Outline of MLC,2006– Title 2. conditions of employment Seafarers’ employment agreements（Reg.2.1） (continue) Particulars in SEA • Where the language of the SEA and any applicable CBA are not in English,①a standard form of the SEAand②the portion of the CBA that are subject to a PSC inspectionshall also be available in English. • minimum notice periods for the early termination of a SEA …at least 7 days(a member determines after consultation with the shipowners’ and seafarers’ organizations) • the seafarer’s full name, date of birth, birthplace • the shipowner’s name and address • the place where and date when the SEA is entered into; • Capacity, Wages, Paid leave • Condition of Termination • agreement for an indefinite period • agreement for a definite period • agreement for a voyage • the health and social security protection • entitlement to repatriation • reference to the CBA • any other particulars which national law may require

22. (2) Outline of MLC,2006– Title 2. conditions of employment Wages（Reg.2.2） Including the rate of exchange used where payment has been made in a currency different from the one agreed to Giving an account (a pay slip) Seafarer Ship owner Wages paid in full paid in currency no greater than monthly intervals Family able to transmit all or part of their earnings to their families • remittance at regular intervals to their families by bank transfers or similar means • remitted in due time and directly to the person or persons nominated by the seafarers. • Any charge for the remittance to their families shall be reasonable in amount • rate of currency exchange shall, in accordance with national laws or regulations, be at the prevailing market rate or the official published rate and not unfavourable to the seafarer

23. (2) Outline of MLC,2006– Title 2. conditions of employment Hours of work and hours of rest（Reg.2.3） Maximum hours of work 14 hours in any 24-hour period 72 hours in any 7-day period establishes either CBA may permit exceptions Member Minimum hours of rest 10 hours in any 24-hour period 77 hours in any 7-day period. ○normal working hours’ standard for seafarers ・an eight-hour day ・one day of rest per week Hours of rest Hours of work Hours of rest base 6hor more within 14h 24h ○Hours of rest may be divided into two periods ・one of which shall be at least six hours ・interval between consecutive periods of rest shall not exceed 14 hours

24. (2) Outline of MLC,2006– Title 2. conditions of employment Hours of work and hours of rest（Reg.2.3）(continue) • Drills shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue • When a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs a table with the shipboard working arrangements ・schedule of service at sea and service in port ・ maximum hours of work or minimum hours of rest records of hours of work or hours of rest seafarers shall receive a copy of the records Posting in a ship

25. (2) Outline of MLC,2006– Title 2. conditions of employment Entitlement to leave（Reg.2.4） minimum standards for annual leave on the basis of a minimum of 2.5 calendar days per month adopt laws and regulations Member Prohibited Prohibited Considering justified absences from work as the annual leave Any agreement to forgo the minimum annual leave with pay

26. (2) Outline of MLC,2006– Title 2. conditions of employment Manning levels（Reg.2.7） To ensure that seafarers work on board ships with sufficient personnel Principles on Safe Manning （IMORes.A1047） Manning levels ○ following shall be taken into account ・the principles in international instruments (especially IMO) ・the need to minimize excessive hours of work ⇒ sufficient rest and to limit fatigue 　　・ the requirement concerning food and catering(Reg. 3.2) determining approving revising competent authority issuing a Minimum safe manning document or an equivalent Employing sufficient personnel ・ to ensure that ships are operated safely, efficiently and with due regard to security ・ to comply with the standards of this Convention. Shipowner

27. (2) Outline of MLC,2006– Title 3. accommodation, recreational facilities, food and catering Accommodation and recreational facilities （Reg.3.1） applied only to ships constructed on or after the date when this Convention comes into force for the Member General requirements for accommodation ●head room in accommodation shall be not less than 203 cm, adequately insulated●lighting and drainage shall be provided ●preventing the risk of exposure to noise and vibration, other ambient factors and chemicals Sleeping rooms (there is a requirement of floor area) Master, C/E, C/Oshall have sleeping rooms, an adjoining sitting room and day room Passenger ship, Special Purpose Ship Other than passenger ships ・separate sleeping rooms for men and women ・a separate berth（L198×W180cm） ・no direct openings into sleeping rooms from cargo and machinery spaces, etc. ・each room shall have a locker, desk , etc. Other than officers … a room can be shared (More than 4 persons are permitted in a SPS) A single room Mess room sleeping rooms and mess rooms shall be lit by natural light and artificial light A washbasin in each sleeping room except passenger ship • apart from the sleeping rooms • as close as practicable to the galley above the load line amidships or aft

28. (2) Outline of MLC,2006– Title 3. accommodation, recreational facilities, food and catering Accommodation and recreational facilities （Reg.3.1）(continue) sanitary facilities One facility for every six persons Other facilities Air-conditioner Hospital accommodation (15 or more seafarers a voyage of more than 3 days) A space on open deck to which the seafarers can have access when off duty common ship’s office Heater Ventilator

29. (2) Outline of MLC,2006– Title 3. accommodation, recreational facilities, food and catering shall be suitable in respect of quantity, nutritional value, quality and variety having regard to Food and catering（Reg.3.2） ● number of seafarers ● religious requirements and cultural practices ● duration and nature of the voyage 設備の一般要件 ●居住設備の天井高203cm以上、適切に防熱　●照明及び排水設備を設ける ●騒音及び振動、その他環境の要素、化学物質からの危険の防止 catering department Seafarers trained and qualified (18 years old or more) free of charge during the period of engagement. ships’ cooks varied and nutritious meals prepared and served in hygienic conditions 【ships not required to have ship’s cook】 anyone processing food in the galley shall be trained or instructed ※ food and personal hygiene as well as handling and storage of food frequent documented inspections be carried out on board ships, by or under the authority of the master　・supplies of food and drinking water ・ all spaces and equipment used for the storage and handling of food and drinking water ・ galley and other equipment for the preparation and service of meals

30. Health protection and medical care (2) Outline of MLC,2006– Title 4 Health protection, medical care, welfare and social security Medical care on board ship and ashore （Reg.4.1） a standard medical report form （ for use by the ships’ masters and relevant onshore and on-board medical personnel ） Medical care comparable generally available to workers ashore Free including measures of a preventive character (health promotion , etc.) medical advice (available 24 hours) a medicine chest all ships shall carry a medical equipment the right to visit a qualified medical doctor in ports of call A medical guide Medical doctor（100 or more persons, ships engaged on international voyages of more than three days’ duration ） seafarer in charge of medical care or administering medicine or medical first aid (ships which do not carry a medical doctor） Either 1seafarer

31. (2) Outline of MLC,2006– Title 4 Health protection, medical care, welfare and social security Health and safety protection and accident prevention (Reg.4.3) ・ Each Member develop national guidelines after consultation with representative shipowners’ and seafarers’ organizations ・ Each Member shall adopt laws and regulations regarding safety and health protection 権限ある機関 National laws and regulations Keep, analyse, and publish adoption and effective implementation and promotion of occupational safety and health policies and programmes information concerning particular hazards Reporting accidents and diseases precautions to prevent occupational accidents (harmful levels of ambient factors and chemicals) comprehensive statistics of accidents and diseases refer on-board programmes prevention of occupational accidents continuous improvement in occupational safety and health protection Ship owner, Seafarers, and others concerned comply inspecting, reporting and correcting unsafe conditions investigating and reporting on-board occupational accidents establishing a ship’s safety committee

32. Master (2) Outline of MLC,2006– Title 5 Compliance and enforcement On-board complaint procedures Ship owner Competent authority No victimization of seafarers for lodging complaints a copy of the on-board complaint procedures Developing an on-board complaint procedures complaint Breach of the requirement! Complaint Seafarers

33. (2) Outline of MLC,2006– Title 5 Compliance and enforcement Flag state inspection 1. Minimum age 2. Medical certification 3. Qualifications of seafarers 4. SEA 5. Use of recruitment and placement service 6. Hours of work or rest 7. Manning levels 8. Accommodation 9. On-board recreational facilities 10. Food and catering 11. Health and safety and accident prevention 12. On-board medical care 13. On-board complaint procedures 14. Payment of wages intermediate inspection (between 2ndand ３rd anniversary) List of maters inspected and approved to issue MLC 14 areas meet requirement ⇒certificates are issued Ships which MLC,2006 applies International voyage （500GT or over） MLC DMLC Regular Inspections (every 5 years)（Reg. 5.1.4） Inspection(no case exceed 3 years) empower to carry out inspections（Reg. 5.1.4） • to board a ship • examination, test or inquiry • require that a deficiency is remedied • prohibit a ship from leaving port empowering PSC inspection A foreign ship in the port of a Member Checking documents ・MLC ・DMLC No deficiency Ship can sail Deficiency is found Other than following ・Documents are not produced ・serious breach of requirement ・hazard to seafarers ・complaint More detailed inspection detain a)Clearly hazardous b)Serious or repeated breach

34. (2) Outline of MLC,2006– Title 5 Compliance and enforcement The image of Declaration of Maritime Labor Compliance part II (DMLC PartⅡ） the records to be taken should be indicated(Guideline B) Draw up measures to ensure ongoing compliance Carry out the measures drawn up Regular Inspections Regular Inspections Continuous improvement Improve the measures to rectify non-compliance Verify the ongoing compliance the persons responsible for verification should be indicated (Guideline B) the procedures to be followed where non-compliance is noted (Guideline B) These are written on DMLC part II and submitted to competent authority before inspection

35. (3) PSC INSPECTION regarding MLC,2006

36. (3) PSC inspection regarding MLC,2006 • (Characteristic of PSC inspection of MLC,2006) • Certificates(Maritime Labor Certificates, etc.) • Posted documents(Shipboardworking arrangements table) • Facilities (Accommodation, Sanitary)

37. (3) PSC inspection regarding MLC,2006 • (Initial inspection and more detailed inspection) • Initial inspection • A PSCO checks Certificates • If the PSCO finds clear groundsduring an inspection tour • The PSCO maycarry out more detailed inspection Similar manner to SOLAS, STCW, etc.

38. (3) PSC inspection regarding MLC,2006 • 14 areas checked in more detailed inspection • Minimum age of seafarers • Medical certification of seafarers • Qualifications of seafarers • Seafarers’ employment agreements (SEA) • Use of any licensed or certified or regulated private recruitment and placement service for seafarers • 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

39. (3-1) Initial inspection

40. (3-1) Initial inspection MLC DMLC Part I DMLC Part II Certificates (Ships 500GT or more) • MLC • DMLC • DMLC part I (issued by a flag state) • DMLC part II (written by a ship owner) • Interim MLC→DMLC need not be issued or Interim MLC No DMLC

41. (3-1) Initial inspection • 30 countries ratified MLC,2006 • 20.08.2012 • MLC,2006 • Entry into force • 20.08.2013 • 20.08.2014 • Resolution XVII (International Labour Conference 94th session)“Resolution concerning the practical implementation of the issue of certificates on entry into force “ • Flag states and RO have insufficient number of inspectors • It will not be possible to certify all ships before entry into force • Requests further that, during a period of one year following the initial entry into force of the Convention, Members (both flag and port States) give due consideration to allowing ships to continue to operate without the certificate and declaration Certification for bulk carriers and passenger ships Requested to give due consideration to allowing ships to operate without certificate

42. (3-1) Initial inspection • MLC (Maritime Labour cetificate) • MLC • valid for 5 years Date of issue Date of expiry Signature Endorsement of intermediate survey

43. (3-1) Initial inspection • DMLC (Declaration of Maritime Labor Compliance) • DMLC part I(issued by a flag state) • DMLC part I includes • Flag’s national requirements • Substantial equivalencies • Exemptions • (MLC certifies the ship’s compliance and DMLC is attached document of MLC) Country A Country A

44. (3-1) Initial inspection • DMLC • DMLC part I • Flag’s national requirements in the 14 areas • Signature and stamp of a flag state

45. (3-1) Initial inspection • DMLC part II(written by a ship owner) • Shipowner’s measures in the 14 areas for ensuring ongoing compliance

46. (3-1) Initial inspection • Check points on the certificates • Certificates are issued by Flag state or RO? • MLC is not expired? • Original certificates are onboard? • Is there a signature or stamp of flag state or RO? • A copy is posted in a conspicuous place on board? MLC valid until xx.xx.2013

47. (3-1) Initial inspection Country A Inspection report Ships under 500GT • Checking • Inspection report issued by Flag state • If a PSCO finds the ship clearly do not conform to the requirements or a complaint is alleged, the PSCO may carry out an inspection regarding the matter. …. ….

48. (3-1) Initial inspection • Ships of non-party • No more favourable treatment • Checking • Inspection report or • Statement of compliance issued by RO • If both of certificates are not produced, PSCO may carry out more detailed inspection regarding 14 areas

49. (3-2)More detailed inspection

50. (3-2) More detailed inspection • A more detailed inspection may be carried out when • documents do not comply withMLC,2006 • working and living conditionsdo not conform • the ship has changed flag for avoiding compliance • there is complaint alleging that working and living conditions do not conform Country B Country A Breach of the requirement!