ARODI NEWSLETTER

Merchant Marine Circular No. 271

Please find attached copy of MerchantMarine Circular No. 271 recently issued by Panama Maritime Authority (PMA).

The Maritime Labour Convention (MLC) 2006 was adopted in Geneva in February 23, 2006, within the frame of the 94th Maritime Meeting of the International Labour Organization (ILO) Conference, as a result of the joint initiative of shipowners and seafarers, with the main objective to adopt a global instrument that gathers in one sole document the fundamental principles of various international labour conventions. 

To come into force, the MLC 2006 had to be ratified by at least 30 ILO member states representing the 33% of the world gross tonnage of ships.  ILO announced that this requirement was reached on August 20, 2012; consequently, the Convention will enter into force next August 20, 2013.  Before this deadline, States that are part of the Convention will have to adapt their national legislation and implement internal measures for ongoing compliance and complete the certification process for all ships coming within the scope of the Convention. 

The MLC 2006 was adopted by the Republic of Panama through Law No. 2 of January 6, 2009.  See attached complete text of the Convention.

The competent authority for the certification and application of the MLC 2006 in the Republic of Panama is PMA, that has been working in the process of adaptation of national legislation.  This process is already ended and certification will begin on March 2013.

With this circular, the Administration wants to inform that the MLC 2006 is regulated through Executive Decree No. 86 of February 22, 2013.  This document was extensively discussed in tripartite sessions with participation of representatives of seafarers, shipowners and PMA.  See attached complete text of this regulation.

This regulation contains the minimum requirements for working on board ships, conditions of work, wages, prior-notice period, overtime hours, regular working day, official holidays, annual vacations, minimum hours of rest, health and social security benefits, maximum duration of interrupted service on board, right of repatriation, collective bargaining if applicable, termination of the agreement, MLC certification process, among other related topics.

In case of any question about MLC 2006, please contact mlc@segumar.com

If you need further assistance regarding this matter, please contact us to arodilaw@arodi.com

ARODI NEWSLETTER

Merchant Marine Circular No. 270

Please find attached copy of Merchant Marine Circular No. 270  recently issued by Panama Maritime Authority (PMA).

Those vessels engaged in international services that are registered or seeking to be registered under Panamanian flag, but that are specifically engaged in fishing, capturing, transferring and transport of aquatic resources, as well as those engaged in activities of support the operations of capturing these resources, must have an “International Fishing License”.

The Administration informs that Reefers Ships engaged in the activities of support or assistance in the operation of capturing fishing resources, must process their Fishing License with the Authority of Aquatic Resources of Panama (ARAP). 

Those reefers ships that are not involved in above mentioned activities are not required to have this special license; however, they are required to submit to the General Directorate of Merchant Marine of PMA a “Declaration of the Product” being transported, within a period of 60 days.  This measure is for the optimal control of the product carried by every ship and that reefers ships under Panama flag are in compliance with the regulations related to fishing matters. 

If you need further assistance regarding this matter, please contact us to arodilaw@arodi.com

ARODI NEWSLETTER

Please find attached copy of  Merchant Marine Circular No. 269 recently issued by Panama Maritime Authority (PMA).

The Administration informs that for those vessels under the application of the Maritime Labour Convention (MLC) 2006, the different offices of Segumar will issue the digital form of the Declaration of Maritime Labour Compliance Part I (DMLC-Part 1) from March 2013. If original is required, may be requested at Segumar with application.

Vessels with 500 gross tonnage or more, engaged in international voyages, and those with equal or over 500 gross tonnage operating from a port, or between ports from another country, must have on board and in a visible place a copy of the MLC 2006 and the Maritime Labour Certificate, complemented with the Declaration of Maritime Labour Compliance, which consists of two parts:  DMLC- Part I and DMLC – Part II.

Vessels with 200 gross tonnage to 499 gross tonnage engaged in international voyages or voyages between ports, may voluntarily request the Maritime Labour Certificate, for which compliance with national regulations must be required.

Once the DMLC- Part I is issued, the shipowner should complete the DMLC – Part II indicating the actions taken in order to ensure permanent compliance with the national requirements during the periods between inspections, as well as the measures proposed for guaranteeing continuous improvement of the aspects subject to inspection.  The DMLC – Part II must be endorsed by a Recognized Authority (RO) duly authorized by PMA, once the full inspection has ended according to MLC 2006 and should proceed with the issuance of the Maritime Labour Certificate valid for five (5) years from the date of completion of the referenced inspection.

If the vessel was built before the MLC 2006 comes into force, the ILO Convention Number 92 regarding Crew Accommodation will remain applicable, by virtue of the current law of Panama.

In case of any question about MLC 2006, please contact mlc@segumar.com 

If you need further assistance regarding this matter, please contact us to arodilaw@arodi.com

ARODI NEWSLETTER

 
 Merchant Marine Circulars No. 268

Please find attached copy of Merchant Marine Circular No. 268 recently issued by Panama Maritime Authority (PMA).

The Administration informs about the new regulation pertaining to the minimum limits of rest hours for seafarers and related matters as per Maritime Labour Convention (MCL) 2006, that also applies to all seafarers on board Panamanian flagged vessels.

The minimum rest hours shall not be less than:  a) ten (10) hours in any 24-hour period; and b) seventy seven (77) hours in any seven-day period. The rest hours may be divided into no more than two periods, one of which should be at least six (6) non-interrupted hours in length, and the interval between consecutive periods of rest should not exceed fourteen (14) hours.

The master of the ship have the right to interrupt and suspend the rest hours of the seafarers whenever it is required, mainly to ensure the immediate safety of the ship, persons on board or cargo, or to provide assistance to other ships or persons in distress at sea. 

Every ship must maintain and post, in an accessible place and at the disposal of the competent authorities, a table describing the working organization on board the ship, indicating for each position: a) the schedule of service at sea and service in port; b) the minimum number of rest hours; and c) entry for each position or rank.  On board the ship, also there should be a daily records of the seafarers rest hours that will be written in English and the working language or languages of the ship.  For both reports, PMA has adopted a standardized template in accordance to the Guidelines of IMO/ILO with the purpose to ensure control and compliance; however, shipowners may develop or adjust them.  Review these templates in the circular attached.

In case of any question about MLC 2006, please contact mlc@segumar.com

If you need further assistance regarding this matter, please contact us to arodilaw@arodi.com