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3 pettersen nmti mlc - consequences for norwegian shipping


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The NCMM Sea Health Conference 2011 – MLC 2006

Published in: Health & Medicine
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3 pettersen nmti mlc - consequences for norwegian shipping

  1. 1. MLC – Consequences forNorwegian shippingTerje Hernes PettersenSenior adviserMinistry of Trade and Industry
  2. 2. Introduction 28 March 2011
  3. 3. The role of the Ministry of Trade and Industry • The Ministry of Labour has the main responsibility for working and living conditions in Norway • The Ministry of Trade and Industry has the overall responsibility for shipping matters in Norway, including seafarers working and living conditions • The Norwegian Maritime Directorate (NMD) has the operative responsibility to adopt standards and supervise that they are complied with 28 March 2011
  4. 4. The ILO and Norway• Member of the ILO since the early days in 1919• Played an active role within the organization to promote decent working and living conditions worldwide• Ratified most of the conventions adopted by the ILO• We believe: Close co-operation between the social partnairs and the governments is fundamental to promote high international standards 28 March 2011
  5. 5. Why was the MLC necessary? 28 March 2011
  6. 6. The situation before MLC • About 70 maritime ILO standards • The degree of ratification varied substantially • Reservations were taken by national states • The level of working and living conditions varied substantially from state to state 28 March 2011
  7. 7. Need for one comprehensive binding standard • The shipping industry is a genuine international industry • In reality, there were no comprehensive global standards on working and living conditions with wide-spread international acceptence, as opposed to the standards adopted by the IMO • As a result: Not sufficient and sustainable barriers against social dumping in the maritime industry • 2001: The social partners and the governments recognized the need for a comprehensive convention • 2006: The MLC adopted. 28 March 2011
  8. 8. Consequences for Norwegian shipping 28 March 2011
  9. 9. Implementation of the MLC in Norway• 2008: Amendments to the Seafarer’s Act• 2009: Norway ratified the MLC• 2009: The Norwegian Maritime Directorate initiated a national process of implementation – Adopt regulations – Adopt procedures – Training of personell• The process involves the social partners• Aim to have everything in place in early 2012 28 March 2011
  10. 10. Legal implications of the MLC in Norway• Starting point:• Norway has ratified most of the Conventions that are codified in the MLC• In addition, Norway has in some areas adopted a higher level of protection than the ILO standards• The implementation of the MLC shall NOT lead to a lower national standard in Norway than before the MLC 28 March 2011
  11. 11. The shipowner’s responsibility• The shipowner has the responsibility of fulfilling the obligations of the MLC• In national law before the MLC: This was the obligation of the employer• There was a need to identify the shipowner; we have chosen the ISM-company• This will have some contractual implications for the industry 28 March 2011
  12. 12. Certification• MLC requires the issuance of a Maritime Labour Certificate• Declaration of Maritime Labour Compliance (DMLC part I and II)• Certification will be harmonized with safety certificate inspections 28 March 2011
  13. 13. The seafarer’s right to complain• The MLC establishes a right for the seafarer to make complaints• This is a novel right for seafarers envisaged in our national law• The complaint shall seek to be resolved at the lowest level• But, the seafarer may also complain to the Norwegian Maritime Directorate (NMD)• This will create certain adminitrative burdens on the NMD and the shipowners 28 March 2011
  14. 14. Economical and administrative consequences• Costs for shipowners in total is estimated to 25 million kr (4 MILL USD). The costs are mainly related to the certification process• For the NMD: Administrative concequences; need for more personell and training of personell 28 March 2011
  15. 15. Other consequences• For quality flag states like Norway, global standards of high standard is an advantage• It will promote equal competitions between flag states• It will be easier for shipowners to document the standard of living and working conditions on their ships• For seafarers all over the world, the MLC is maybe the most important single document ever adopted 28 March 2011
  16. 16. STCW – health requirements• The STCW was revised in Manila in June 2010• The revised convention has more detailed health-requirements• A joint ILO/IMO working group are working on harmonized guidelines between MLC and STCW• STCW has an important exemption regarding rest periods. An amendment to make effect to the amendments will be sent on a national hearing soon 28 March 2011
  17. 17. The next step• The MLC has unfortunately not entered into force yet.• It is of great importance to keep the momentum going amongst signatories to the MLC and speed up the ratification process• What is needed is the MLC to enter into force! 28 March 2011
  18. 18. Thank you for your attention! 28 March 2011