Maritime safety control instruments in the era of the globalisation (original) (raw)
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The International Maritime Labour Convention, known by the initials MLC,2006, was approved almost unanimously in 2006. Signed on 7 February of that year, it is the fruit of five years work by the International Labour Organisation, together with its interlocutors such as the ITF and associations of ship owners. Its object is to improve the employment situation that had been established by the old C147 of Minimum Standards for the Merchant Marine. Considered historic by the ILO's Director-General himself, this Convention would enter into force twelve months after the date on which it would have been ratified by at least 30 Members that together account for at least 33% of the total gross tonnage of the world merchant fleet. These conditions were met in August 2012 and the provisions of the Convention began to be applied from 20 August 2013. The MLC,2006 has faced a series of initial problems with regard to its implementation at the level of the Flag State, especially because of the heterogeneous nature and reduced level of development in the countries that have ratified the Convention. Hence some of the initial expectations for improvement have had to be drastically reduced. In this communication the aim is to study comparatively this implementation at the national and European Union levels, and the repercussions at the level of the Port State Control, specifically in the controls being executed through the mechanisms established within the Paris Memorandum.
The port state control and their role in the maritime safety
2010
As a result of maritime accidents, states began to take action for some time trying to remove from its waters and ports to vessels that may be capable of harming human life and the environment through the implementation of Port State Control (PSC.) The Port State Control is the inspection of foreign ships by the port governing states in order to verify the condition of the vessel and its equipment meet the requirements of international conventions and which are managed and operated in accordance with international law force. The primary responsibility of a ship meets all the requirements imposed on their state flag, and if all flag states comply with their duties inspections by state boards of the ports would not be necessary. In Romania, ANR purpose is to reduce the number of substandard ships sailing in waters under through: a) increasing compliance with relevant national and international legislation on maritime safety, environmental protection and working conditions and life on board, regardless of their flag; b) establishing a common criteria for port State control of ships, harmonizing procedures on inspection and detention, taking into account its commitment made by the maritime authorities of Romania and the European Union Member States of the Paris Memorandum of Understanding on PSC.
This report presents a comprehensive review of the maritime safety regimes and provides recommendations on how to improve the system. The results show a complex legal framework which generates a high amount of inspections and overlapping of inspection areas where no cross-recognition is established by the various stakeholders. While the safety system seems to be successful in eliminating substandard vessels and while average insurance claims costs are substantially lower for inspected vessels than not inspected vessels, the results indicate that the economic conditions of the shipping market also have an effect on safety quality besides the frequency of inspections. No significant differences can be found between industry inspections and port state control inspections with respect to decreasing the probability of casualty. The system could be made more effective by combining data sources on inspections and use them respectively to improve risk profiling and to decrease the frequency...
Enforcement of law by the Port State Control (PSC)
Maritime Policy & Management, 2008
Since the International Maritime Organization (IMO) introduced the Port State Control (PSC) programme in 1982, it has been playing a vital role in the enforcement of safety law at sea worldwide. This paper addresses the effectiveness of PSC and the effectiveness of the methods for selecting ships to be inspected adopted by regional PSC. Data on ship total loss (from 1973-2003) and on the PSC records (from 1994-2005) have been collected. The study reveals that the enforcement of PSC is effective in improving the safety level of maritime transport. The methods adopted by regional PSC are compared on their effectiveness, efficiency and stability in identifying substandard ships. Suggestions are made on the improvement of the enforcement of PSC.
2020
The right of Justyna Nawrot and Zuzanna Pepłowska-Dąbrowska to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. With the exception of Chapter 14, no part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Chapter 14 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Beijing Law Review, 2013
The Maritime Labour Convention (MLC) 2006, which will come into force as of 20 August 2013, con-templates a new system to guarantee its regulations are being applied by including Port State Control with traditional Flag State control. The European Union has incorporated the MLC 2006 into its legislation through an agreement reached with its European social agents, as a Directive, in virtue of Article 115 of the Court of Justice of the European Commission. Thus fulfilment of the MLC 2006 has become com-pulsory for all EU Member States. However, it has not yet been ratified and, besides, it is subjected to certain community Port State and Flag State control mechanisms, which improve the optional character with which they are contemplated in international regulations. This work briefly explains not only the community acceptance process and its consequences, but also the effectiveness that the Port State con-trol’s system, established in the community area, has had in 2011. The control of labour and social secu-rity conditions will soon benefit from this effectiveness.
Transport Reviews, 2010
This report presents a comprehensive review of the maritime safety regimes and provides recommendations on how to improve the system. The results show a complex legal framework which generates a high amount of inspections and overlapping of inspection areas where no cross-recognition is established by the various stakeholders. While the safety system seems to be successful in eliminating substandard vessels and while average insurance claims costs are substantially lower for inspected vessels than not inspected vessels, the results indicate that the economic conditions of the shipping market also have an effect on safety quality besides the frequency of inspections. No significant differences can be found between industry inspections and port state control inspections with respect to decreasing the probability of casualty. The system could be made more effective by combining data sources on inspections and use them respectively to improve risk profiling and to decrease the frequency of inspections performed on ship types such as tankers. The results further indicate a lack of proper implementation of the International Safety Management Code (ISM code) and conventions with reference to working and living conditions of crew (ILO 147). A revision of the ISM code and more emphasis on enforcement of ILO 147 could further enhance the level of safety at sea.
The New Inspection Regime of the Paris Mou on Port State Control: Improvement of the System
Journal of maritime research, 2012
After the Amoco Cadiz ecological disaster in France, in 1978, the Paris Memorandum of Understanding (PMoU) on Port State Control (PSC) was created. The purpose of this harmonized inspection system is to prevent substandard ships that present high risk from sailing to European and Canadian N. Atlantic ports and anchorages. The existence of many substandard ships is a well-known fact and they sail not only in European waters but all over the world; most of these substandard ships are registered in states that are very permissive in respect of regulations of design, construction, equipment, safety, working conditions, etc. The original objective of the PMoU was for each member country to inspect individually 25% of all the foreign merchant ships which enter its ports (specified MoU Ports) to identify the degree of risk. The original inspection regime of this system is going to be replaced by a New Inspection Regime (NIR), agreed in 2009. With this NIR, the PSC Committee aims to inspect all ships, i.e. the inspections will rise from 25% to 100% of foreign ships entering these ports. This New Inspection Regime would classify the ships according to thr ee categories based on the level of risk associated with the ship revealed by the inspection; once classified, that particular ship would be subjected to more or less frequent inspections. This article will focus on two aspects. The first is how this NIR is going to be implemented; that is, what are the techniques and measures that the PMoU countries are going to bring into operation before 1st January 2011. The second is to contribute to improving this NIR. Any complex new convention and procedures are bound to have mistakes, flaws and weak points, therefore the corresponding documents are to be amended by new annexes shortly to be published.