Mar Law
Mar Law
international treaties concerning the safety of merchant ships. The first version was adopted in 1914,
in response to the Titanic disaster, the second in 1929, the third in 1948, and the fourth in 1960. The
1974 version includes the tacit acceptance procedure - which provides that an amendment shall
enter into force on a specified date unless, before that date, objections to the amendment are
received from an agreed number of Parties.
As a result the 1974 Convention has been updated and amended on numerous occasions. The
Convention in force today is sometimes referred to as SOLAS, 1974, as amended.
Technical provisions
The main objective of the SOLAS Convention is to specify minimum standards for the construction,
equipment and operation of ships, compatible with their safety. Flag States are responsible for
ensuring that ships under their flag comply with its requirements, and a number of certificates are
prescribed in the Convention as proof that this has been done. Control provisions also allow
Contracting Governments to inspect ships of other Contracting States if there are clear grounds for
believing that the ship and its equipment do not substantially comply with the requirements of the
Convention - this procedure is known as port State control.The current SOLAS Convention includes
Articles setting out general obligations, amendment procedure and so on, followed by an Annex
divided into 12 Chapters.
Chapter I - General Provisions
Includes regulations concerning the survey of the various types of ships and the issuing of
documents signifying that the ship meets the requirements of the Convention. The Chapter also
includes provisions for the control of ships in ports of other Contracting Governments.
Chapter II-1 - Construction - Subdivision and stability, machinery and electrical installations
The subdivision of passenger ships into watertight compartments must be such that after assumed
damage to the ship's hull the vessel will remain afloat and stable. Requirements for watertight
integrity and bilge pumping arrangements for passenger ships are also laid down as well as stability
requirements for both passenger and cargo ships.
The degree of subdivision - measured by the maximum permissible distance between two adjacent
bulkheads - varies with ship's length and the service in which it is engaged. The highest degree of
subdivision applies to passenger ships.
Requirements covering machinery and electrical installations are designed to ensure that services
which are essential for the safety of the ship, passengers and crew are maintained under various
emergency conditions.
"Goal-based standards" for oil tankers and bulk carriers were adopted in 2010, requiring new ships
to be designed and constructed for a specified design life and to be safe and environmentally
friendly, in intact and specified damage conditions, throughout their life. Under the regulation, ships
should have adequate strength, integrity and stability to minimize the risk of loss of the ship or
pollution to the marine environment due to structural failure, including collapse, resulting in flooding
or loss of watertight integrity.
Chapter II-2 - Fire protection, fire detection and fire extinction
Includes detailed fire safety provisions for all ships and specific measures for passenger ships, cargo
ships and tankers.
They include the following principles: division of the ship into main and vertical zones by thermal and
structural boundaries; separation of accommodation spaces from the remainder of the ship by
thermal and structural boundaries; restricted use of combustible materials; detection of any fire in the
zone of origin; containment and extinction of any fire in the space of origin; protection of the means
of escape or of access for fire-fighting purposes; ready availability of fire-extinguishing appliances;
minimization of the possibility of ignition of flammable cargo vapour.
Chapter III - Life-saving appliances and arrangements
The Chapter includes requirements for life-saving appliances and arrangements, including
requirements for life boats, rescue boats and life jackets according to type of ship. The International
Life-Saving Appliance (LSA) Code gives specific technical requirements for LSAs and is mandatory
under Regulation 34, which states that all life-saving appliances and arrangements shall comply with
the applicable requirements of the LSA Code.
Chapter IV - Radiocommunications
The Chapter incorporates the Global Maritime Distress and Safety System (GMDSS). All passenger
ships and all cargo ships of 300 gross tonnage and upwards on international voyages are required to
carry equipment designed to improve the chances of rescue following an accident, including satellite
emergency position indicating radio beacons (EPIRBs) and search and rescue transponders
(SARTs) for the location of the ship or survival craft.
Regulations in Chapter IV cover undertakings by contracting governments to provide
radiocommunication services as well as ship requirements for carriage of radiocommunications
equipment. The Chapter is closely linked to the Radio Regulations of the International
Telecommunication Union.
Chapter V - Safety of navigation
Chapter V identifies certain navigation safety services which should be provided by Contracting
Governments and sets forth provisions of an operational nature applicable in general to all ships on
all voyages. This is in contrast to the Convention as a whole, which only applies to certain classes of
ship engaged on international voyages.
The subjects covered include the maintenance of meteorological services for ships; the ice patrol
service; routeing of ships; and the maintenance of search and rescue services.
This Chapter also includes a general obligation for masters to proceed to the assistance of those in
distress and for Contracting Governments to ensure that all ships shall be sufficiently and efficiently
manned from a safety point of view.
The chapter makes mandatory the carriage of voyage data recorders (VDRs) and automatic ship
identification systems (AIS).
Chapter VI - Carriage of Cargoes
The Chapter covers all types of cargo (except liquids and gases in bulk) "which, owing to their
particular hazards to ships or persons on board, may require special precautions". The regulations
include requirements for stowage and securing of cargo or cargo units (such as containers). The
Chapter requires cargo ships carrying grain to comply with the International Grain Code.
Chapter VII - Carriage of dangerous goods
The regulations are contained in three parts:
Part A - Carriage of dangerous goods in packaged form - includes provisions for the classification,
packing, marking, labelling and placarding, documentation and stowage of dangerous goods.
Contracting Governments are required to issue instructions at the national level and the Chapter
makes mandatory the International Maritime Dangerous Goods (IMDG) Code, developed by IMO,
which is constantly updated to accommodate new dangerous goods and to supplement or revise
existing provisions.
Part A-1 - Carriage of dangerous goods in solid form in bulk - covers the documentation, stowage
and segregation requirements for these goods and requires reporting of incidents involving such
goods.
Part B covers Construction and equipment of ships carrying dangerous liquid chemicals in bulk and
requires chemical tankers to comply with the International Bulk Chemical Code (IBC Code).
Part C covers Construction and equipment of ships carrying liquefied gases in bulk and gas carriers
to comply with the requirements of the International Gas Carrier Code (IGC Code).
Part D includes special requirements for the carriage of packaged irradiated nuclear fuel, plutonium
and high-level radioactive wastes on board ships and requires ships carrying such products to
comply with the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel,
Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code).
The chapter requires carriage of dangerous goods to be in compliance with the relevant provisions
of the International Maritime Dangerous Goods Code (IMDG Code).
Chapter VIII - Nuclear ships
Gives basic requirements for nuclear-powered ships and is particularly concerned with radiation
hazards. It refers to detailed and comprehensive Code of Safety for Nuclear Merchant Ships which
was adopted by the IMO Assembly in 1981.
Chapter IX - Management for the Safe Operation of Ships
The Chapter makes mandatory the International Safety Management (ISM) Code, which requires a
safety management system to be established by the shipowner or any person who has assumed
responsibility for the ship (the "Company").
Chapter X - Safety measures for high-speed craft
The Chapter makes mandatory the International Code of Safety for High-Speed Craft (HSC Code).
Chapter XI-1 - Special measures to enhance maritime safety
The Chapter clarifies requirements relating to authorization of recognized organizations (responsible
for carrying out surveys and inspections on Administrations' behalves); enhanced surveys; ship
identification number scheme; and port State control on operational requirements.
Chapter XI-2 - Special measures to enhance maritime security
Regulation XI-2/3 of the chapter enshrines the International Ship and Port Facilities Security Code
(ISPS Code). Part A of the Code is mandatory and part B contains guidance as to how best to
comply with the mandatory requirements. Regulation XI-2/8 confirms the role of the Master in
exercising his professional judgement over decisions necessary to maintain the security of the ship.
It says he shall not be constrained by the Company, the charterer or any other person in this respect.
Regulation XI-2/5 requires all ships to be provided with a ship security alert system. ,Regulation XI2/6 covers requirements for port facilities, providing among other things for Contracting
Governments to ensure that port facility security assessments are carried out and that port facility
security plans are developed, implemented and reviewed in accordance with the ISPS Code.Other
regulations in this chapter cover the provision of information to IMO, the control of ships in port,
(including measures such as the delay, detention, restriction of operations including movement
within the port, or expulsion of a ship from port), and the specific responsibility of Companies.
Chapter XII - Additional safety measures for bulk carriers
The Chapter includes structural requirements for bulk carriers over 150 metres in length.
Amendments
The 1974 Convention has been amended many times to keep it up to date.
Amendments adopted by the Maritime Safety Committee (MSC) are listed in MSC Resolutions.
minimum age
payment of wages
The Convention was designed to be applicable globally, easy to understand, readily updatable and uniformly
enforced and will become the "fourth pillar" of the international regulatory regime for quality shipping, complementing
the key Conventions of the International Maritime Organization (IMO) dealing with safety and security of ships and
protection of the marine environment.
to an increasingly important form of tourism and recreational activity. Under the MLC, 2006 every seafarer has the
right to:
health protection, medical care, welfare measures and other forms of social protection
Second, because it will help to provide a level playing field for quality ship- owners operating under the flag of
countries that have ratified the MLC, 2006. The goal is to ensure that decent working conditions go hand in hand with
fair competition.
This MLC, 2006 shows how tripartite dialogue and international cooperation can operate constructively for the most
globalized of industries, by concretely addressing the challenges to securing decent working and living conditions for
seafarers, while simultaneously helping to ensure fair competition for ship- owners.
It is now 2013: seven years to enter into force seems like a long time. Is
there any significance in the fact that it has taken this long to come into
force?
Under ILO practice, Conventions usually enter in force (become binding under international law) 12 months later for
the countries with registered ratifications.
However, the requirements for the MLC, 2006s entry-into-force were intentionally made the most stringent of any ILO
Convention ever adopted in the Organizations 94-year history: This was done to avoid what is called a paper tiger
so that it would result in real change.
Because of the comprehensive nature of the MLC, 2006 and the time needed to consult, implement and develop
capacity to inspect ships and certify those that need to be certified, the delegates in 2006 expected that it would take
about five years to achieve the 30/33 formula. The concern was to ensure that that this Convention had the strong
backing of the maritime sector especially flag States - before it came into force.
In fact, the demanding entry-into-force requirements were achieved on 20 August 2012. (The tonnage requirement
was met in 2009).
What is the current state of coverage of ships and seafarers as the MLC,
2006 comes into force?
The ratifying countries currently represent more than 50 per cent of the worlds seafarers and more than three
quarters of the worlds gross tonnage of ships.
Importantly, many of the countries that have ratified are also home to the seafarers who comprise the worlds
seafaring work force. The pace of ratification is increasing daily and the maritime industry is also actively
implementing the Convention, often well ahead of governments. It is foreseeable that the Convention will eventually
receive nearly universal ratification from relevant ILO Member countries.
What will happen when the MLC, 2006 comes into force?
On August 20, 2013, the MLC, 2006 will enter into force and become binding international law for the first 30 - the
30 countries with registered ratifications on August 20, 2012. For all other countries that have ratified, it will enter in
force 12 months after their ratifications were registered.
On August 20, 2013, all commercially operated ships of 500 gross tonnage or over that fly the flag of any of the 30
countries that brought the MLC, 2006 into force will, if they operate on international voyages, be required to carry,
among other things, two specific documents: the Maritime Labour Certificate (MLC) and the Declaration of Maritime
Labour Compliance (DMLC).
These documents will provide prima facie evidence that the ships are in compliance with the requirements of the
Convention, including areas such as minimum age, seafarers employment agreements, hours of work or rest,
payment of wages, onboard medical care, the use of licensed private recruitment and placement services,
accommodation, and food and catering and health and safety protection and accident prevention.
The MLC and DMLC will be subject to inspection when ships enter the ports of other countries that have ratified the
MLC, 2006.
In addition, ships flying the flag of countries that have not ratified the MLC, 2006 are also subject to inspection with
respect to working and living conditions for seafarers when those ships enter in port of countries where the MLC,
2006 is in force. This inspection, called no more favourable treatment, is an important aspect of the Convention,
aimed at helping to ensure fair competition for ship-owners who comply with the MLC, 2006 by providing decent work
for seafarers.
or areas where port regulations apply. The Convention applies to all those ships, whether publicly or privately owned,
that are ordinarily engaged in commercial activities, except:
How can countries with a maritime interest prepare for, and implement,
their inspection obligations under the MLC, 2006?
The MLC, 2006 contains an important new compliance and enforcement component based on a flag State ship
inspection and certification system, and port State control. Well trained inspectors are crucial to ensuring better
quality and consistency in national ship inspection systems worldwide. It is also very important that the MLC, 2006 be
effectively implemented in laws and other measures at a national level.
The ILO has developed a number of resources such as Guidelines for flag State inspections and model national legal
provisions, as well as workshops to help train inspectors and to assist national legal counsel and officials involved
with ratification and national legal implementation.
Through its Maritime Labour Academy based at its International Training Centre (ITC) in Turin Italy, the ILO provides
a comprehensive range of training activities under the MLC, 2006.
Whats next?
The coming into force of the MLC, 2006 is a historic event in the history of international labour standards but our work
is not done. Effective implementation by governments and ship-owners is critical to ensuring that legal
implementation and ratification translate into practice. The ILO is working with governments and with seafarers, shipowners and other key actors in the maritime industry to help ensure that the goals of the MLC, 2006 are achieved.
The International Convention for the Prevention of Pollution from Ships (MARPOL) is the main
international convention covering prevention of pollution of the marine environment by ships from
operational or accidental causes.
The MARPOL Convention was adopted on 2 November 1973 at IMO. The Protocol of 1978 was
adopted in response to a spate of tanker accidents in 1976-1977. As the 1973 MARPOL Convention
had not yet entered into force, the 1978 MARPOL Protocol absorbed the parent Convention. The
combined instrument entered into force on 2 October 1983. In 1997, a Protocol was adopted to
amend the Convention and a new Annex VI was added which entered into force on 19 May 2005.
MARPOL has been updated by amendments through the years.
The Convention includes regulations aimed at preventing and minimizing pollution from ships - both
accidental pollution and that from routine operations - and currently includes six technical Annexes.
Special Areas with strict controls on operational discharges are included in most Annexes.
Annex I Regulations for the Prevention of Pollution by Oil (entered into force 2 October 1983)
Covers prevention of pollution by oil from operational measures as well as from accidental
discharges; the 1992 amendments to Annex I made it mandatory for new oil tankers to have double
hulls and brought in a phase-in schedule for existing tankers to fit double hulls, which was
subsequently revised in 2001 and 2003.
Annex II Regulations for the Control of Pollution by Noxious Liquid Substances in
Bulk (entered into force 2 October 1983)
Details the discharge criteria and measures for the control of pollution by noxious liquid substances
carried in bulk; some 250 substances were evaluated and included in the list appended to the
Convention; the discharge of their residues is allowed only to reception facilities until certain
concentrations and conditions (which vary with the category of substances) are complied with.
In any case, no discharge of residues containing noxious substances is permitted within 12 miles of
the nearest land.
Annex III Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form
(entered into force 1 July 1992)
Contains general requirements for the issuing of detailed standards on packing, marking, labelling,
documentation, stowage, quantity limitations, exceptions and notifications.
For the purpose of this Annex, harmful substances are those substances which are identified as
marine pollutants in the International Maritime Dangerous Goods Code (IMDG Code) or which meet
the criteria in the Appendix of Annex III.
Annex IV Prevention of Pollution by Sewage from Ships (entered into force 27 September
2003)
Contains requirements to control pollution of the sea by sewage; the discharge of sewage into the
sea is prohibited, except when the ship has in operation an approved sewage treatment plant or
when the ship is discharging comminuted and disinfected sewage using an approved system at a
distance of more than three nautical miles from the nearest land; sewage which is not comminuted
or disinfected has to be discharged at a distance of more than 12 nautical miles from the nearest
land.
In July 2011, IMO adopted the most recent amendments to MARPOL Annex IV which are expected
to enter into force on 1 January 2013. The amendments introduce the Baltic Sea as a special area
under Annex IV and add new discharge requirements for passenger ships while in a special area.
Annex V Prevention of Pollution by Garbage from Ships (entered into force 31 December
1988)
Deals with different types of garbage and specifies the distances from land and the manner in which
they may be disposed of; the most important feature of the Annex is the complete ban imposed on
the disposal into the sea of all forms of plastics.
In July 2011, IMO adopted extensive amendments to Annex V which are expected to enter into force
on 1 January 2013. The revised Annex V prohibits the discharge of all garbage into the sea, except
as provided otherwise, under specific circumstances.
Annex VI Prevention of Air Pollution from Ships (entered into force 19 May 2005)
Sets limits on sulphur oxide and nitrogen oxide emissions from ship exhausts and prohibits
deliberate emissions of ozone depleting substances; designated emission control areas set more
stringent standards for SOx, NOx and particulate matter.
In 2011, after extensive work and debate, IMO adopted ground breaking mandatory technical and
operational energy efficiency measures which will significantly reduce the amount of greenhouse gas
emissions from ships; these measures were included in Annex VI and are expected to enter into
force on 1 January 2013.
MARPOL 73/78 is an international convention for the prevention of pollution at sea. This international treaty
was adopted by the International Maritime Organization (IMO) in 1973, and later updated in 1978 after
several severe tanker accidents.
The convention includes regulations aimed at preventing and minimising pollution at sea from ships, and this
includes both accidental pollution and pollution from routine operations. At current date MARPOL 73/78
consist of 6 technical annexes:
Annex
I
II
III
IV
VI
DNV GL is authorised to act on behalf of numerous flag administrations to verify that your vessels comply
with MARPOL. Our involvement ranges from initial plan approval and on-board surveys to annual and
renewal surveys to ensure compliance is maintained. Compliance with MARPOL for your vessel is
documented by certificates issued by DNV GL on behalf of the flag administration. DNV GL can also issue
type approval certificates for marine pollution prevention equipment.