1.6 FAL And MLC Flashcards
Q. What is the objective of the FAL Convention and how is it being facilitated?
The purpose of the Convention is to facilitate maritime transport by simplifying and reducing to a minimum the formalities, documentary requirements and procedures on the arrival, stay and departure of ships engaged in international voyages.
The Convention lays down ‘standards’ and ‘recommended practices’ regarding documentation and procedures for facilitating international maritime traffic.
The updated list of certificates, documents and IMO standard forms are provided either in hard copy or electronic format, which can be used by the vessel.
Q. Under the FAL Convention, are public authorities allowed to retain some of the original ship certificates?
No. As per FAL, public authorities shall not require for their retention, on arrival or departure of ships to which the Convention applies, any documents other than those given below:
General Declaration.
Cargo Declaration.
Ship’s Stores Declaration.
Crew’s Effects Declaration.
Crew List.
Passenger List.
Dangerous Goods Manifest.
The document required under the Universal Postal Convention for mail.
Maritime Declaration of Health.
Security-related information as required under SOLAS.
Advance electronic cargo information for customs risk assessment purposes.
Advanced Notification Form for Waste Delivery to Port Reception Facilities.
Note: The authorities can inspect certificates and documents related to the ship’s registry, measurement, safety, manning and other related matters.
Q. You are the Master and the agent at the next port is asking for pre-arrival documents to be sent.
List the seven standard FAL forms which can be obtained from the IMO website.
IMO has produced the following seven standard FAL forms:
General Declaration.
Cargo Declaration.
Ship’s Effects Declaration.
Crew’s Effects Declaration.
Crew List.
Passenger List.
Dangerous Goods Manifest.
Click the below link to view these forms: http://www.imo.org/en/OurWork/Facilitation/FormsCertificates/Pages/Default.aspx(opens in a new tab)
Q. You are the Master and your vessel is scheduled to arrive at the next port within 18 hours of departure from port. There is 6-hour pilotage after arrival. You are aware that your officers will be tired and you anticipate that it is going to be very hectic with the port operations and the arrival formalities. What can you do as the Master to minimise the time consumed for the arrival formalities?
Arrival procedures may be expedited by:
Provide the public authorities concerned with an advance message giving the best ETA, followed by any information as to the change of time and stating the itinerary of the voyage.
Having ship’s documents ready for prompt review.
Pre-rigging a means of boarding while the ship is en route to the berth or anchorage.
Providing for prompt, orderly assembling and presentation of persons onboard, with necessary documents for inspection, including arrangements for relieving crew members from essential duties. For example, in countries like the USA, the Customs and Border Protection (CBP) authorities will ask for face checks of the crew members against their passports.
Q. What are the two primary purposes of the MLC?
The Maritime Labour Convention, 2006 has two primary purposes:
To bring the system of protection contained in existing labour standards closer to the workers concerned, in a form consistent with the rapidly developing, globalised sector (ensuring ‘decent work’).
To improve the applicability of the system so that shipowners and governments interested in providing decent conditions of work do not have to bear an unequal burden in ensuring protection (‘level playing field’ fair competition).
Q. What is the significance of MLC as compared to other IMO conventions?
MLC has been designed to become a global legal instrument that, once it enters into force, will be the ‘fourth pillar’ of the international regulatory regime for quality shipping, complementing the key Conventions of the IMO such as SOLAS, STCW and MARPOL.
Q. Which ships are covered by MLC?
MLC, 2006, applies to all ships engaged in commercial activities (except fishing vessels, ships of traditional build and warships or naval auxiliaries).
Q. Which ships are required to be certified under MLC?
Ships of 500 GT or over are required to be certified: they must carry a Maritime Labour Certificate as well as a Declaration of Maritime Labour Compliance.
Note: Though ships below 500 GT are not required to be certified, they are subject to inspection at intervals not exceeding three years.
Q. There are over 68 maritime labour instruments (Conventions and Recommendations), adopted by the ILO since 1920 and many countries have ratified them. So how are these affected by the new MLC convention?
The MLC Convention brings almost all of the existing maritime labour instruments together in a single new Convention that uses a new format with some updating, where necessary, to reflect modern conditions and language.
The Convention ‘consolidates’ the existing international law on all these matters.
The existing ILO maritime labour Conventions will be gradually phased out as the ILO Member States that have ratified those Conventions ratify the new Convention, but there will be a transitional period when some parallel Conventions will be in force.
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.
The countries that ratify the Maritime Labour Convention 2006, will no longer be bound by the existing Conventions when the new Convention comes into force for them.
The countries that do not ratify the new Convention will remain bound by the existing Conventions they have ratified, but those Conventions will be closed to further ratification.
Q. What are the three main parts of MLC?
The Convention is organised into three main parts:
The Articles coming first set out the broad principles and obligations.
Regulations and the Standards (Part A).
Guidelines (Part B).
Part A and B set out more detailed Regulations and Code practices.
Q. List the 5 titles under MLC
Title 1: Minimum requirements for seafarers to work on a ship:
Minimum age, medical certificates, training and qualification, recruitment and placement.
Title 2: Conditions of employment: Seafarers Employment Agreements,
Wages, Hours of Work and Hours of Rest, Entitlement to Leave, Repatriation, Seafarer compensation for the ship’s Loss or Foundering, Manning Levels, Career and Skill Development and Opportunities for Seafarers’ Employment.
Title 3: Accommodation, recreational facilities, food and catering
Title 4: Health protection, medical care, welfare and social security protection:
Medical Care on board ship and Ashore, Shipowners’ Liability, Health & Safety Protection and Accident Prevention, Access to Shorebased Welfare Facilities, Social Security.
Title 5: Compliance and enforcement
Q. What are the responsibilities of the Flag State under MLC?
Adherence to general principles of the convention on all ships under its flag.
Authorisation of labour organisations.
Issue a Maritime Labour Certificate and Declaration of Maritime Labour Compliance (DMLC) to each vessel under its flag.
Inspection and enforcement of the convention.
Ensure on-board complaint procedures are implemented.
Take responsibility for marine casualties involving vessels flying their flag and ensure that crew are not abandoned by the shipowner.
Q. What are the responsibilities of the Port State under MLC?
Carry out general MLC inspections on foreign vessels calling at its ports.
Carry out detailed inspections on non-compliant vessels.
Ensure the vessels in gross violation of MLC are detained without permission to sail until the problems are rectified.
Facilitate on-shore seafarer complaint-handling procedures.
Q. What are the responsibilities of the labour supplier under MLC?
Provide reliable and transparent recruitment and placement services meeting MLC standards.
Provide social security provisions to the seafarers being employed by them. This can be in the form of group insurance for all its employees.
Q. How does MLC ensure that ship owners registered in countries which are not a party to the Convention does not get an unfair advantage over others?
MLC ensures that ships of ratifying countries that provide decent conditions of work for their seafarers will have protection against unfair competition from substandard ships through the system of certification.
The certificates will avoid or reduce the likelihood of lengthy delays related to PSC inspections in foreign ports.
In short, ships of non-ratifying countries will not be allowed to trade with any ratifying country unless the ship can prove that its standards meet or exceed the MLC standards.
