MARITIME AUTHORITY OF JAMAICA MLC2006 TO: ALL OWNERS OF JAMAICAN SHIPS MANAGERS AND OPERATORS OF JAMAICAN SHIPS

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1 MLC2006 Circular No. 12/04/06 Revision 00 Page (s) 10 pages TO: (I) (II) ALL OWNERS OF JAMAICAN SHIPS MANAGERS AND OPERATORS OF JAMAICAN SHIPS 1. Subject MLC2006 References (a) Maritime Labour Convention, 2006 (b) Resolution VII adopted by the 94th (Maritime) session of the International Labour Conference 2. (c) Guidelines for Flag State Inspections under the Maritime Labour 3. Convention, 2006 Introduction As 20 August 2012, 30 Countries have been confirmed by the International Labour Organization (ILO) as having officially ratified the MLC,2006. Since this satisfies the required registered ratifications by at least 30 Members with a total gross tonnage of at least 33 percent, the requirements of MLC2006 will enter into force on 20 August 2013 The MAJ encourages all ship-owners/operators of MAJ flagged vessels to utilize the fullest extent of this implementation period to establish measures to meet MLC2006 inspections and certification requirement as early as possible. As MLC2006 is a learning curve for all involved, the MAJ is working closely with its ship-owners/operators and Recognized Organizations, who are delegated the inspection and certification functions of the MLC2006, to work through any unanticipated issues and make certain that the Convention is fully and practically implemented by 20 August 2013 promoting high standards of maritime competence, safety, Security and protection of the marine environment

2 MLC2006 Circular No. 12/04/06 Revision 00 Page (s) 10 pages Certification plan MAJ Review DMLC Plan part II Renewal Inspection required 3 Months prior to Expiry Renewal inspection carried out Initial Ship inspection Certificate Endorsed Certificate Re-Issued MLC + DMLC Cert. Issued for 5 Years Mid-term inspection 2-3 years promoting high standards of maritime competence, safety, Security and protection of the marine environment

3 MLC2006 Circular No. 12/04/06 Revision 00 Page (s) 10 pages The MLC, 2006 applies to all ships, irrespective of tonnage, whether publicly or privately owned, which are ordinarily engaged in commercial activity. The MAJ considers commercial activity to be any endeavor undertaken for the primary purpose of generating revenue which includes, but is not limited to, activities such as commerce/trade, chartering (more than 183 days per calendar year for yachts), towing, salvage, offshore supply/support, exploration/exploitation/processing of sea-bed mineral resources, entertainment, marketing, research, accommodation, transit, etc. All ships to which the MLC, 2006 applies of 500 gross tons or over, engaged in international voyages or operating from a port, or between ports, in another country must be certified for compliance with 14 areas of the MLC, 2006 which are subject to mandatory inspection. The 14 areas are set out in Appendix A5-I of the MLC, 2006, and further details regarding certification are provided in section 5.0 of this Notice below. An RO may issue or renew an ML Certificate to a ship after completion of a satisfactory inspection of the national requirements for the 14 areas listed below for implementing the MLC, 2006 in the manner as detailed in the Declaration of Maritime Labour Compliance (DMLC). Minimum age Medical certification Qualifications of seafarers Seafarers employment agreements Use of any licensed or certified or regulated private recruitment and placement service Hours of work or rest Manning levels for the ship Accommodation On-board recreational facilities Food and catering Health and safety and accident prevention On-board medical care On-board complaint procedures Payment of wages The MLC2006 Declaration part I and part II attached with this circular promoting high standards of maritime competence, safety, Security and protection of the marine environment

4 MLC2006 Circular No. 12/04/06 Revision 00 Page (s) 10 pages Director Safety, Environment & Certification ` Nov. 11, 2011 The Maritime Authority of Jamaica Office Centre Building 2 ND Floor 12 Ocean Boulevard. Kingston Jamaica West Indies Tel: (876) , (876) Fax: (876) , (876) registrar@jamaicaships.com safety@jamaicaships.com promoting high standards of maritime competence, safety, Security and protection of the marine environment

5 Maritime Labour Convention, 2006 DECLARATION OF MARITIME LABOUR COMPLIANCE (NOTE: This Declaration must be attached to the ship s Maritime Labour Certificate) Issued under the authority of Jamaican Government With respect to the provisions of the Maritime Labour Convention, 2006 ( MLC, 2006 or also referred to below as the Convention ), the following referenced ship: Name of Ship IMO Number Gross Tonnage is maintained in accordance with Standard A5.1.3 of the Convention. The undersigned declares, on behalf of the abovementioned competent authority, that: (a) the provisions of the Maritime Labour Convention are fully embodied in the national requirements referred to below; (b) these national requirements are contained in the national provisions referenced below; explanations concerning the content of those provisions are provided where necessary; (c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided <under the corresponding national requirement listed below> <in the section provided for this purpose below> (strike out the statement which is not applicable); (d) any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below; and (e) any ship-type specific requirements under national legislation are also referenced under the requirements concerned. 1. Minimum age (Regulation 1.1) no persons under the age of 16 are allowed to work at sea persons under the age of 18 onboard ships will be restricted from working at night. The period of night is to be determined by the national law of the MAJ but may be considered as 0000hrs to 0500hrs night work which is specific to their duties or training may be considered, provided it is not harmful to their health or wellbeing 2. Medical certification (Regulation 1.2)...

6 seafarers will be required to hold a valid medical certificate issued by a duly qualified medical practitioner the certificate must note the state of a seafarer s hearing and sight, including colour vision (if applicable) the certificate must state that the seafarer is not suffering from any illness or injury which could be aggravated by sea service 3. Qualifications of seafarers (Regulation 1.3)... seafarers must be trained and qualified as competent in their job role, with proper certification seafarers shall be given a training course for their own personal safety onboard ship before beginning work (onboard familiarization) 4. Seafarers employment agreements (Regulation 2.1)... seafarers must sign and be in possession of their employment agreement 5. Use of any licensed or certified or regulated private recruitment and placement service (Regulation 1.4)... private recruitment and placement services for seafarers are not to charge or impose fees on seafarers for obtaining employment (it is not clear how this will be enforced at present) 6. Payment of wages (Regulation 2.2)... wages to be paid at least monthly pay slip issued with statement of earnings and deductions seafarers able to transmit all or part of wages to family 7. Hours of work or rest (Regulation 2.3)... hours of work and rest to be clearly specified to seafarers details of hours of work and rest to be signed by the seafarer and retained onboard avoid disturbing seafarers rest periods with drills work schedule for sea and port duties to be posted in a public place the MAJ stipulates whether the limits are set on maximum hours of work or minimum hours of rest. Maximum hours of work a seafarer must not work more than 14 hours in any 24-hour period a seafarer must not work more than 72 hours in any seven-day period Minimum hours of rest a seafarer must have at least 10 hours of rest in any 24-hour period a seafarer must have at least 77 hours rest in any seven-day period The hours of rest can be divided into no more than two periods, one of which must be at least six hours long. A seafarer must not work more than 14 hours without taking rest. It is believed the amendments to the STCW Convention will incorporate proposed MLC 2006 requirements and will harmonise the hours of work/rest requirements between the conventions. 8. Onboard Medical Care (Regulation 4.1)... adequate health care facilities provided onboard and ashore seafarers able to have access to medical doctor without delay in port dental care if essential 9. Manning levels for the ship (Regulation 2.7)...

7 manning levels onboard must be maintained as per the safe manning document issued by the MAJ 10. Accommodation (Regulation 3.1)... accommodation spaces to be clean and in a good state of repair accommodation to be sufficiently heated or air conditioned accommodation fixtures and fittings to include proper bedding, mattress, tables, lamps sufficient ventilation suitably equipped laundry facilities sufficient natural and artificial light anti-mosquito facilities in place for malaria regions sanitary facilities to be hygienic, accessible and comfortable cabins to have a bed, lamp and table cabins to have a basin with hot and cold running water or a private bathroom master to conduct regular inspections of accommodation and retain records onboard 11. On-board recreational facilities (Regulation 3.1)... recreational facilities to be provided to seafarers, which may include: libraries books and movie DVDs gym to promote health and fitness 12. Food and catering (Regulation 3.2)... - plenty of quality food and water varied choice of meals, respecting religious considerations ship s galley to be kept in hygienic condition ship s cooks must be trained and qualified minimum cook s age 18 frequent inspections of ship s galley, and records kept 13. On-board complaint procedures (Regulation 5.1.5) 1. The MAJ shall require that ships that fly its flag have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of MLC2006 Convention (including seafarers rights). 2. The MAJ shall prohibit and penalize any kind of victimization of a seafarer for filing a complaint. 3. The provisions in this Regulation and related sections of the MLC2006 Code are without prejudice to a seafarer s right to seek redress through whatever legal means the seafarer considers appropriate. 14. Health and safety and accident prevention (Regulation 4.3)... risk assessment system in place and fully utilized sufficient personal protective equipment and other safety equipment readily available develop health and safety policies accident reporting system in place analysis of accidents safety reporting system for hazards to health

8 Name:... Title:... Signature:... Place:... Date:... (Seal or stamp of the authority, as appropriate) Substantial equivalencies (Note: Strike out the statement which is not applicable) The following substantial equivalencies, as provided under Article VI, paragraphs 3 and 4, of the Convention, except where stated above, are noted (insert description if applicable): No equivalency has been granted. Name:... Title:... Signature:... Place:... Date:... (Seal or stamp of the authority, as appropriate) Exemptions (Note: Strike out the statement which is not applicable) The following exemptions granted by the Maritime Authority of Jamaica as provided in Title 3 of the Convention are noted: No exemption has been granted. Name:... Title:... Signature:... Place:... Date:... (Seal or stamp of the authority,as appropriate)

9 DECLARATION OF MARITIME LABOUR COMPLIANCE PART II Maritime Labour Convention, 2006 Declaration of Maritime Labour Compliance Part II Measures adopted to ensure ongoing compliance between inspections The following measures have been drawn up by the shipowner, named in the Maritime Labour Certificate to which this Declaration is attached, to ensure ongoing compliance between inspections: (State below the measures drawn up to ensure compliance with each of the items in Part I) 1. Minimum Age ( Regulation 1.1 ) 2. Medical Certificate ( Regulation 1.2 ) 3. Qualifications of Seafarers ( Regulation 1.3 ) 4. Seafarer s employment agreement ( Regulation 2.1 ) 5. Use of any licensed or certified or regulated private recruitment And placement service ( Regulation 1.4 ) 6. Hours of work or rest 9 Regulation 2.3 ) 7. Manning levels for the ship ( Regulation 2.7 ) 8. Accommodation ( Regulation 3.1 ) 9. On-board recreational facilities ( Regulation 3.1 ) 10. Food and catering ( Regulation 3.2 ) 11. Health and safety and accident prevention ( Regulation 4.3 ) 12. On-board medical care ( Regulation 4.1 ) 13. On-board complaint procedure ( Regulation ) 14. Payment of wages ( Regulation 2.2 )

10 I hereby certify that the above measure have been drawn up to ensure ongoing compliance, between inspections, with the requirements listed in Part I. Name of the ship s owner* : Company address : Name of the authorized signatory: Title : Signature of authorized signatory: Date : (Seal or stamp of the shipowner1) The above measures have been reviewed by : (insert name of competent authority or duly recognized organization) and, following inspection of the ship, have been determined as meeting the purposes set out under Standards A5.1.3, paragraph 10(b), regarding measures to ensure initial and ongoing compliance with the requirements set out in Part I of this Declaration. Name : Title Address Signature Place Date (Seal or stamp of the shipowner1) * Shipowner means the owner of the ship or another organization 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 organizations or persons fulfil certain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention.

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