MLC IMPLEMENTATION: MESSAGE TO MEMBERS
There has been some confusion over how the role of the ship manager should be defined by Flag States under the terms of the Maritime Labour Convention (MLC). However, if you study the circular that has been issued from BIMCO , it is clear that technical managers shall to the extent of their Management Services, assume the shipowner’s duties and responsibilities imposed by the MLC for the Vessel, on behalf of the shipowner. Crew managers also have their roles explained in the same circular. Please see extracts from the BIMCO circular:
1. All five SHIPMAN/CREWMAN MLC 2006 Clauses contain the following definition of a “shipowner”. It means “the owner of the ship or another organisation or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other organization or persons fulfil certain of the duties or responsibilities on behalf of the shipowner”.
2. Sub-clause (a) to the SHIPMAN MLC 2006 Clause permits the ship managers when acting as technical managers to assume on behalf of the owners the duties and responsibilities of the “Shipowner” for MLC compliance.
3. Sub-clause (b):SHIPMAN is a cost plus fee agreement and the provision of crew by the ship managers under SHIPMAN is therefore done strictly agents for and on behalf of the owners. Consequently, Sub-clause (b) sets out the owners’ obligation to ensure MLC compliance for any crew placed on board the vessel, whether they are their own crew or crew supplied by the managers.
4. Sub-clause (c): The MLC establishes financial security requirements on shipowners to ensure their liabilities under the Convention are covered. The financial security requirements cover the costs of repatriation of the crew (under the circumstances listed in the MLC, including insolvency), and compensation for sickness, injury or death. Sub-clause (c) requires the owners to provide, or for the managers to arrange on their behalf, insurance cover or financial security to meet the financial security requirements of MLC.
5. The CREWMAN Clauses covers both the agency cost plus fee version (CREWMAN A) and the principal lump sum version (CREWMAN B). It had originally been intended to create two separate CREWMAN Clauses to distinguish between the crew-manager acting as agent in the supply of crew versus the manager acting as principal (employer) of the crew. This is reflected in Sub-clause (a) which aligns the responsibilities of the crew-manager in respect of MLC to the agreed crew management services under CREWMAN (whether that be CREWMAN A or B)….
6. The MLC obligations are tied to the party named as “shipowner” on the Maritime Labour Certificate, which may vary depending on whether the managers are acting as agents or principals.
Members are encouraged to contact the InterManager Secretariat with any concerns they may have.
InterManager AGM (Annual General Meeting) – 13th September during London International Shipping Week (LISW) – Please put this date into your calendar. It will be a very exciting and definitely worth attending event.
The LISW Gala Dinner on the Thursday is being held in The Great Room at the Grosvenor House Hotel in Park Lane, London, 1000 people are expected to participate. We delighted to advise that VIDEOTEL is sponsoring a table for 10 members of the InterManager.
ATTENTION GOLF PLAYERS !!!
30th of August InterManager will send GOLF TEAM to the Isle of Man for the Annual Isle of Man Ship Registry Charity Golf Competition 2013. Capt. Paddy McKnight has been nominated as a Captain of our team. If you are interested in participating please get in touch: [email protected]
Discounts and offers for members:
We are now offering all InterManager members 10% discounts on all new online subscriptions
What’s included in your subscription?
Your subscription to Lloyd’s List is a comprehensive business resource designed to keep you out in front:
Full and unrestricted access to Lloydslist.com
Market data including:
– Clarkson’s Tanker & freight derivatives rates,
– Daily casualty reports and much more
Full access to the archive, dating back to 1991, with fully functional search & advance search options.
Daily breaking news, analysis & comment on the industry, which can be broken down by sector, data type & geographic filters.
Daily emails with headlines and article summaries – keeping you up-to-date with breaking news.
Customised live updates – select specific information from the entire Lloyd’s List coverage, by incorporating your selection into My Lloyd’s List.
Your choice of e-alerts – weekly email alerts to ensure you never miss an important development in the market sector(s) or region(s) that interests you.
RSS or Twitter feeds so you can keep in touch with shipping news on your favourite mobile device.
For more information or to place your order please get in touch with Kwasi Debrah at Lloyd’s List on either +44(0)20 7017 7772 or [email protected]
Special 15% discount for InterManager members in Piraeus GLAROS Hotel
Hotel Management just confirmed that they are willing to offer InterManager members fifteen percent
(15%) off of internet prices from their web site, www.glaros-hotel.gr/ This discount can not be combined with any other discounts.
You only need to mention “InterManager member” in the “Comments and Special Requests” section of the web site and/or mention their company is an “InterManager member” when they check into the hotel.
Workshop for ships’ operators and officers on the ILO MLC, 2006
02/10/2013 – 4/10/2013 Course A906056:
German Shipping: Investment, Financing and Management Strategies Conference
The Way Forward for German Shipping
9 – 10 September 2013, Le Royal Meridien Hotel, Hamburg
Email: [email protected]
Quote FKT2562SIMNL and claim a £100 discount
• Global Perspectives for International Shipping Today
• German Shipping – Today’s Realities & Tomorrow’s Prospects
• Container Shipping Focus – Market Prospects and Industry Challenges
• Prospects for Key Shipping Sectors
• German Bank Finance: Now & the Future
• Commercial Management Strategies for Today & Tomorrow
• Alternative Finance for German Owners: The International Options
Asian Offshore Support Journal – 10-11 September, Singapore
Members for members:
23 and 24 September 2013.
Ian MacLean (V-President of InterManager) is Chairing the “Managing Maritime Accidents and Emergencies” run by Lloyd’s Maritime Academy in London on As a consequence of this, InterManager members can attend for a fee of £649.50 (plus VAT). This is in excess of a 50% discount.
To do this, you will have to book by 21 June and either use the attached booking form with the VIP Code in the top right hand corner of the fourth page, or if using the on-line form/booking by email, quote VIP: FKT2558AD.
The Seminar is relevant to anyone involved in the Emergency Response Team, Management, DPAs, Superintendents, Auditors and those in the insurance/claims handling function.
28 – October 2013 London Security in Challenging Environments Week
SCE Week is the global meeting place for security leaders active in the world’s most complex operating environments. With three distinct streams tackling onshore threats, offshore issues and a PSC stream, the information you receive will be directly tailored to tackle the most critical security challenges you face. InterManager members receive 10% discount off registration fees.
www.sce-week.com – quote IMD
Future Marine Fuels & Lubes Conference – 30-31 October, Copenhagen
26th International Ship Finance & Investment Conference
Prospects for the Shipping Markets in the Short to Medium Term
13 – 14 November 2013, Le Meridien Piccadilly, London
Email: [email protected]
Quote FKT2567IMNL and save £100
• World Economic Outlook and Prospects for Seaborne Trade
• Prospects for the Major Shipping Markets
• Where Should Owners and Investors Concentrate for the
Best Investment Value?
• Global Ship Finance in 2014
• Accessing the Financial Alternatives
Lloyd’s Register provides new DVD to promote safe boat transfers
Short film to educate employees about the best ways to minimise risks when working over water
Lloyd’s Register has issued a new short film entitled Safe Boat Transfers to help provide marine surveyors with comprehensive instructions on how to safely transfer between two vessels at sea.
Working over water and, in particular, boat transfers, during which surveyors switch from a transfer vessel to the boat they are surveying, is a very high-risk activity. The film, originally developed for Lloyd’s Register employees, aims to raise awareness about the associated risks and hazards, and to provide instruction for every stage of the transfer.
It is hoped that Safe Boat Transfers will help to significantly reduce the accidents associated with boat transfers.
Receiving your copy:
The DVD can be ordered from the Lloyd’s Register webstore: http://www.webstore.lr.org.
Capt. Kuba Szymanski
+44 7624 498 266