01. 2014s Emsa Training on Mlc, 2006 Gc

8/21/2019 01. 2014s Emsa Training on Mlc, 2006 Gc

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EMSA

Training onMLC, 2006

Lisbon, 24-25 September 2014

G. Crivellaro (DG MOVE/D/2)


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EU Directives on MLC, 2006

Applied by: Entry into force Transposition Applicable to

MLC, 2006

Countries having ratified the MLC

more than 1 year before 08/2013

BG, CY, DK, HR, LV, LU, NL, PL,

ES, SE

20/08/201312 months

after ratificationAll ships

Countries having ratified the MLC less than a year before or after the entry into force :

BE, DE, EL, FI, FR, HU, MT, LT, UK, IT, IE

Non ratifying States (as of 08/2014): CZ, EE, PT, RO, SI, SK

AT will not ratify (declaration at Council 18/9/2013)

Directive 2009/13

EU Flag States 20/08/2013 21/08/2014 EU flagged ships

Directive

38/2013EU Port States 20/08/2013 21/11/2014 All ships

Directive

54/2013EU Flag States 22/12/2013 31/03/2015 EU flagged ships

DG MOVE D 2 2


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Transposition : State of Play

• Directive 2009/13: Notifications from 3 MS



DG MOVE D 2 3


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Directive 2009/13/EC of 16February 2009

• implementing the Agreement concluded by the

European Community Shipowners’ Associations(ECSA) and the European Transport Workers’Federation (ETF) on the Maritime LabourConvention, 2006, and amending Directive1999/63/EC

- Vessels below 200 GT are covered

- Medical certificates free of charge

- Minimum paid leave

- Working time DG MOVE D 2 4


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Directive 2013/38/EU of 12 August2013

• amending Directive 2009/16/EC on port State

control

• As from 21 November 2014 all EU Member Stateswill have to inspect compliance with MLC

requirements on any ship calling into an EU portand for EU flagged ships, including ships below200 GT and as well as the specific elementsincluded in Directive 2009/13

DG MOVE D 2 5


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Purpose of Directive 2013/38/EU

• No more favourable treatment: MS to perform

inspection of on-board living and workingconditions of seafarers and their training andqualifications to verify they comply withrequirements of the MLC 2006.

• Art. 3, para. 3

• Seamingless PSC inspections on matters coveredby the MLC

DG MOVE D 2 6


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Non-regression Clause

• Recital (8) of Directive 2013/38/EU refers

specifically to Directive 2009/13/EC on theimplementation of the MLC (transpositiondeadline 20 August 2014) and Directive1999/63/EC on working time for seafarers.

DG MOVE D 2 7


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Non-regression Clause, Ctd

• Recital (9) As a matter of general principle, the

measures adopted to give effect to this Directiveshould under no circumstances constitutegrounds justifying a reduction by Member Statesin the general level of protection of seafarers onboard ships flying the flag of a Member State

under the applicable Union social law.

DG MOVE D 2 8


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Non-regression Clause, Ctd

• ‘5. Measures adopted (.) shall not lead to areduction in the general level of protection of

seafarers under Union social law in the areas towhich this Directive applies (.)In implementingthose measures, if the competent authority of the port State becomes aware of a clear violation of

Union law on board ships flying the flag of aMember State, it shall (.) inform any otherrelevant competent authority in order for furtheraction to be taken as appropriate.’.

• Art. 3, para. 5DG MOVE D 2 9


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EU social law applicable to seafarers

• Maritime Labour Convention: Directives2009/13 and 2013/54/EU

• Health and safety : Directive 89/391/EEC,92/29/EEC

• Working time: Directive 1999/95/EC and1999/63/EC

• Training and certificates: Directive 2005/45/EC,Directive 2008/106/EC as amended by Directive2012/35/EU

• Social Security : Regulation (EC) No 883/2004

DG MOVE D 2 10


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MLC 2006 related PSC Inspections

• Scope of an expanded inspection including the

risk areas to be covered is set out in Annex VII• Art. 4, para. 4

• Commission may adopt detailed measures toensure uniform application of the procedures(implementing acts)

• Art. 15, para. 4

• If deficiencies are found, Master of the shipshould rectify them

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Complaints

• Directive 2013/38/EU ensures the confidentiality

of seafarers who make complaints relating to thematters dealt with in MLC 2006 which arereported to inspectors.

•

"The inspector shall take appropriate steps tosafeguard the confidentiality of complaints madeby seafarers, including ensuring confidentialityduring any interviews of seafarers."

• Article 18, new paragraph four

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‘Article 18a' Onshore MLC 2006

complaint-handling procedures

• - A complaint can be reported to an inspectorwho shall undertake an initial investigation.

• - Check whether the on-board complaint procedures have been pursued. (+ more detailedinspection under Art. 13.).

• - Resolution of the complaint at the ship-board

level if possible.

• - In case of non-conformity Art. 19 shall apply.

• - Flag State to be notified for advice and requestof a corrective plan of action

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‘Article 18a' Onshore MLC 2006complaint-handling procedures (Ctd)

• - If problem is not resolved, Port State shall

transmit a copy of the inspector’s report to theILO Director-General.

• - Setting-up of a harmonised electronic formatand procedure for the reporting of follow-upactions taken by Member States.

• - The fourth paragraph of Article 18 shall alsoapply to complaints relating to matters coveredby MLC 2006

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Changes to annexes

• Annex I, Part II, point 2B – Unexpected factor

• Annex IV – list of certificates and documents

• Annex V, Part A – clear grounds for a more

detailed inspections

• Annex X – criteria for detention of a ship

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Implementation conformitycheckings

• Simple reference to PMoU Guidelines should be

avoided

DG MOVE D 2 16


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Directive 2013/54/EU

• of 20 November 2013 of the European Parliament

and of the Council concerning certain flag Stateresponsibilities for compliance with andenforcement of the Maritime Labour Convention,2006

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Objective

• The aim of this Directive is to introduce certain

compliance and enforcement provisions,envisaged in Title 5 of MLC 2006, which relate tothose parts of MLC 2006 in respect of which therequired compliance and enforcement provisionshave not yet been adopted.

• Those parts correspond to the elements set out inthe Annex to Council Directive 2009/13/EC

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Article 2Definitions

•

‘relevant parts of MLC 2006’ means the parts ofMLC 2006 of which the content shall beconsidered as corresponding to the provisions inthe Annex to Directive 2009/13/EC.

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Article 3 - Monitoring of compliance

MS ensure effective /appropriate enforcement andmonitoring mechanisms, including inspections to

ensure that MLC conditions are met – exception


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Article 4 - Personnel in charge ofcompliance monitoring

• MS to ensure that personnel have : training,

competence, terms of reference, full legalauthority, status and independence to carry outverification.

• Inspectors can prohibit a ship from leaving portuntil necessary actions are taken.

• RO's to be monitored by the MS.

• International Labour Office to receive list of ROs

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Article 5 - On-board complaintprocedures, handling of complaintsand corrective measures

•

On-board complaint procedures to be in place

• Complaints to be investigated by the MS

• Confidentiality of the complainant

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What's Next

• Transposition: Conformity checking (prima facie

examination)

• Facilitation of Commission's checks

• Study on the implementation of labour supplyingresponsibilities pursuant to the MLC (within andoutside the EU)

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Latest amendments to the MLC,2006

• Standard A2.5.1 – Repatriation

• Standard A2.5.2 – Financial security

• The International Labour

• Amendments to Maritime Labour Convention,adopted by 443 in favour, 1 against, 26abstention

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Directive 2009/13/ECSocial Agreement

• "subsequent to any amendments to any of the

provisions of the MLC, 2006, and if requested byeither one of the Parties to this Agreement, areview of the application of this Agreement willbe carried out"

• Annex: Final Provision

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Directive 2013/38/EUMLC PSC

• Directive 2013/38/EU amend Directive

2009/16/EC on port States control in order tomake explicit reference to the MLC 2006 and its provisions

•

Therefore, documentary evidence of the financialsecurity system (point 6) will therefore beautomatically included within the scope ofDirective 2009/16/EC as amended

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Directive 2013/54/EUMLC Flag States

• Should the Annex to Directive 2009/13/EC be

modified by the Social Partners in line with theamendments and thereafter transposed into EUlegislation following approval by the Council andthe MS, Article 2, para. 2 of Directive 2013/54/EUshould thus refer to "Directive 2009/13/EC as

amended"

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•Thank you

•for your attention

• What's new in EU Maritime policy? Find out onhttp://ec.europa.eu/transport/modes/maritime/index_en.htm
http://ec.europa.eu/transport/modes/maritime/index_en.htmhttp://ec.europa.eu/transport/modes/maritime/index_en.htm

Documents

01. 2014s Emsa Training on Mlc, 2006 Gc