Important Circulars this week
Significant developments in environmental and labour regulation together with a change to cargo liability cover under P&I have generated four separate, and important,circulars
An updated version of one of the two electronic trading systems, ESS, has now been approved. Circular6/13
sets out the approval of DSUA 2013.1 but also warns of areas of potential liability that still remain outside Group P&I cover in respect of these systems.
deal with more onerous requirements under Australian and US pollution law respectively. The first describes the revised recommended pollution indemnity clause for charterparties in respect of legal & defence costs and indemnity in the event of contributory fault. The latter reports the more onerous ten day deadline for submission of owners' Certificates of Entry prior to entering local waters under Californian Code of Regulations relating to COFRs.
gives details of the financial security required of shipowners in respect of repatriation, death or long term disability of seafarers. The International Group is liaising with all ratifying states to obtain acceptance of Certificates of Entry as evidence of financial security for seafarers claims under MLC 2006.
Members should note these circulars as they can affect them in ways that are beyond usual Club cover. The circulars endeavour to give succinct explanations, but in most cases the Club also provides other resources and references to give support to Members on these issues. Links to those resources are provided below:
Circular 5/13 Australian Pollution LawLegal Briefing: Australia toughens maritime pollution laws
Circular 7/13 California Code of RegulationsUS Pollution Risks
Circular 8/13 Maritime Labour ConventionMLC 2006 Resources Area
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The entry into force of the 2014 amendments to MLC on 18 January 2017 raised a number of complex and novel questions.
The People’s Republic of China ratified the Maritime Labour Convention 2006 (“MLC”) on 12 November 2015, which was the 68th State to ratify the Convention. The Convention came into force in China on 12 November 2016, one year after the ratification.
The ILO CEACR notes with deep concern the challenges and the impact that restrictions and other measures adopted by governments around the world to contain the spread of the COVID-19 pandemic has had on the protection of seafarers’ rights.
The 2018 amendments to the MLC, 2006 will bring about a change to a seafarer's employment agreement (SEA) where it shall continue to have effect and wages shall continue to be paid while a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships.