Annual Report 2016

Antigua and Barbuda  Maritime Labour Convention (2006) Report 2016

Introduction

The report takes into consideration the guidance contained in MLC B5.1.4/10 and meets the requirements of the MLC Standard A5.1.4/13. The statistics contained in this report are concerned only with vessels to which the MLC applies. This report covers the calendar year from 1st January 2016 to 31st December 2016.

Antigua and Barbuda ratified the Maritime Labour Convention 2006 (MLC) on August 8th 2011 and it came into effect on 20th August 2013.

The Website http://www.abregistry.ag  contains useful information with respect to MLC under the seafarers and information center sections.

Antigua and Barbuda Regulations

The most relevant legislation with respect to MLC are as follows:

  • The Antigua and Barbuda Merchant Shipping Act 2006 with amendments of 2006 2007 and 2014
  • The MLC (Maritime Labour Convention 2006) Regulations 2012
  • The following directives are also relevant:
  • Drinking Water Standards Directive 2005 (amended)
  • The Merchant Shipping (Ships Medical Stores) Directive 2005
  • The Merchant Shipping (Reporting of Accidents) Directive 2012
  • Familiarization Information for Officers at the Management Level Directive 2012
  • Fitness for Duty and Watch-keeping Directive 2012
  • STCW Tribunal Directive 2013
  • Seafarer’s Accommodation in existing ships Directive 2013

Related Circulars have been issued on the following subjects:

  • Maritime Labour Convention 2006 Guidance
  • Maritime Labour Convention 2006 Financial Security Requirements
  • Reporting of Accidents
  • Seafarer Medical Certificates
  • 2010 Amendments to STCW New Grades of Personnel
  • Interactive Application System for Seafarer Documents (IASS)
  • Application for Seafarer Documents
  • Control of Seafarer Certification by PSC
  • Responsibilities of Companies
  • Authenticity of Seafarer Documents
  •  SCV Code

The Antigua and Barbuda MLC Inspection System

For Antigua & Barbuda registered ships to which the MLC applies, the Antigua & Barbuda Department of Marine Services and Merchant Marine (ADOMS) is the “Competent Authority” as defined in Article II(a) of the MLC and is responsible for implementing Antigua & Barbuda’s obligations under the MLC.

In accordance with the MLC Regulations the following inspections are carried out:

  • Those in order to certify Antigua & Barbuda registered ships of 500 gross tonnage or over engaged in international voyages pursuant to the requirement of MLC 5.1.3/6. These are conducted by Recognized Organizations.
  • Those of vessels less than 500 gross tonnage operating commercially.
  • There are presently no recruitment and placement services based in Antigua & Barbuda pursuant to the requirement of MLC A1.4/2.

 

Inspections may also be carried out under the following circumstances:-

  • Antigua & Barbuda registered vessels worldwide to which the MLC applies where a complaint has been made.
  • Foreign Flag vessels to which the MLC applies in Antigua & Barbuda waters subject to a Port State Control (PSC) Inspection (MLC 5.2.1).
  • Foreign Flag vessels to which the MLC applies in Antigua & Barbuda waters where a complaint has been made (MLC 5.2.2).

ADOMS utilizes Inspectors from the following recognized organizations (ROs) to conduct inspections:

  • American Bureau of Shipping
  • Bureau Veritas
  • China Classification Society
  • Class NK
  • DNV GL
  • Korean Register
  • Lloyds Register
  • Registro Italiano Navale
  • Russian Maritime Register

These organizations utilize exclusive surveyors who have been trained to carry out MLC inspections in accordance with the requirements of MLC A5.1.4 and MLC B5.1.4. The performance of these recognized organizations is monitored by occasional auditing by ADOMS with preliminary audits having been conducted during 2014.

Inspections are conducted for each registered ship to which MLC applies at intervals not exceeding 3 years in compliance with MLC A5.1.4/4.

Inspections conducted in 2016

Antigua & Barbuda registered ships were inspected as follows:

800 Inspections of the following types were conducted by recognized organizations on behalf of ADOMS

 

Initial

Renewal

Additional

Interim

Intermediate

TOTAL

114

15

60

95

516

800

 

Deficiency and Observation categorization

MLC Regulation Deficiencies and Observations
1.1 -
1.2 4
1.3 13
1.4 5
2.1 41
2.2 16
2.3 35
2.4 1
2.5 6
2.7 3
3.1 33
3.2 32
4.1 12
4.2 3
4.3 24
4.4 -
4.5 -
5.1 20
5.1.1 3
5,1,3 12
5.1.4.12 2
5.1.5 20
TOTAL 283

 

 

It is encouraging that with increased inspections carried out this year there was a marginal  increase in deficiencies and observations,  with 1.2 – Medical certification and 2.4 Wages, being areas with a good reduction. Unfortunately 2.3 Hours of Rest, 3.2 Food and Catering and 5.1.5 Complaints have not seen a corresponding improvement.

Foreign Flag Vessels were inspected as follows:

Port State Control Inspections were conducted in Antigua on 37 foreign flag vessels resulting in one detention and 16 MLC related deficiencies were raised; 10 of these deficiencies related to Working and Living conditions, while 6 of these were related to Hours of Rest recording and monitoring.  Whilst this is an improvement over the previous year there were still cases where hours of rest recording by electronic systems do not calculate compliance correctly. Often the use of any 24 hour period is not fully understood.

 Seafarers

During 2016 flag state endorsement of certification for 4440 Seafarers at the Management Level, 1433 Seafarers at the operational level and 4925 at the support level was undertaken.

At the end of 2016 there were;

9,396 seafarers holding a valid Antigua & Barbuda endorsement at the management level

2,760 seafarers holding a valid Antigua & Barbuda endorsement at the operational level and

16,874 seafarers without any Antigua & Barbuda endorsement but as holding valid rating certificates at the support level or others (e.g. cook, cadets, OS)

There were 7 fatalities to Antigua & Barbuda Seafarers on board Antigua & Barbuda flagged vessels, 33 serious injuries were reported, as were 4 injuries.

8 Crew complaints were received regarding Antigua & Barbuda flagged vessels concerning wages (5), wages and living conditions (1), Contract of employment (2) Seaman’s Documentation (1) these were satisfactorily dealt with although two of the wage disputes did not result in full payment of expected amount and one has still to be finally settled.

 

Tribunal hearings were being prepared for 2 Seafarers related to an incidents in 2015 for the violation of Regulation 11, Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL).

The first comments of the ILO supervisory body on effective implementation of the MLC are being reviewed and acted on with a view to giving a detailed reply as requested in 2016