International Maritime Standards and National Maritime Legislations

The adoption of the highest practicable standards in matters concerning maritime safety and security,
efficiency of navigation and prevention and control of marine pollution from ships is to ensure “safe,
secure and efficient shipping on clean oceans” and the fulfilment of these aims and objectives and the
setting out of clear priorities for the purpose of achieving in a uniform manner on a global and on a
national level of implementation.

A. THE INTERNATIONAL MARITIME LEGISLATIONS

The International Convention on the Safety of Life at Sea (SOLAS) 1974

The SOLAS Convention in its successive forms is generally regarded as the most important of all
international treaties concerning the safety of merchant ships. The first version was adopted in 1914, in
response to the titanic disaster. The 1974 version includes the tacit acceptance procedure. 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. The current SOLAS Convention includes
Articles setting out general obligations, amendment procedure and so on, followed by an Annex divided
into 14 Chapters.

History of Safety at Sea

Seafaring has always been one of the world's most dangerous occupations. The unpredictability of the
weather and the vast power of the sea itself seemed so great that for centuries it was assumed that
little could be done to make shipping safer.

In response to major disasters, states moved towards internationalization of the law, first by the
harmonization of local regulations, through bilateral treaties, agreements or understandings among the
leading maritime nations to regulate safety at sea and prevention of pollution from ships.

The SOLAS 1974

Chapter I – General Provisions

Surveying the various types of ships and certifying that they meet the requirements of the convention.

Chapter II-1 – Construction – Subdivision and stability, machinery and electrical installations

The subdivision of passenger ships into watertight compartments so that after damage to its hull, a
vessel will remain afloat and stable.

Chapter II-2 – Fire protection, fire detection and fire extinction

Fire safety provisions for all ships with detailed measures for passenger ships, cargo ships and tanker.

Chapter III – Life-saving appliances and arrangements

Life-saving appliances and arrangements, including requirements for life boats, rescue boats and life
jackets according to type of ship. The specific technical requirements are given in the International Life-
Saving Appliance (LSA) Code.

Chapter IV – Radio communications

The Global Maritime Distress Safety System (GMDSS) requires passenger and cargo ships on
international voyages to carry radio equipment, including satellite Emergency Position Indicating Radio
Beacons (EPIRBs) and Search and Rescue Transponders (SARTs).

Chapter V – Safety of navigation

This chapter requires governments to ensure that all vessels are sufficiently and efficiently manned from
a safety point of view. It places requirements on all vessels regarding voyage and passage planning,
expecting a careful assessment of any proposed voyages by all who put to sea. Every mariner must take
account of all potential dangers to navigation, weather forecasts, tidal predictions, the competence of
the crew, and all other relevant factors. It also adds an obligation for all vessels' masters to offer
assistance to those in distress and controls the use of lifesaving signals with specific requirements
regarding danger and distress messages.

The chapter makes mandatory the carriage of voyage data recorders (VDRs) and automatic ship
identification systems (AIS).

Chapter VI – Carriage of Cargoes

Requirements for the stowage and securing of all types of cargo and cargo containers except liquids and
gases in bulk. The Chapter requires cargo ships carrying grain to comply with the International Grain
Code.

Chapter VII – Carriage of dangerous goods

Requires the carriage of all kinds of dangerous goods to be in compliance with the International Bulk
Chemical Code (IBC Code). The International Code of the Construction and Equipment of Ships Carrying
Liquefied Gases in Bulk (IGC Code). The International Code for the Safe Carriage of Packaged Irradiated
Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code) and the
International Maritime Dangerous Goods Code (IMDG Code).

Chapter VIII – Nuclear ships

Nuclear powered ships are required, particularly concerning radiation hazards, to conform to the Code
of Safety for Nuclear Merchant Ships.

Chapter IX – Management for the Safe Operation of Ships

Requires every ship owner and any person or company that has assumed responsibility for a ship to
comply with the International Safety Management Code (ISM).
Chapter X – Safety measures for high-speed craft

Makes mandatory the International Code of Safety for High-speed craft (HSC Code).

Chapter XI-1 – Special measures to enhance maritime Safety

Requirements relating to organizations responsible for carrying out surveys and inspections, enhanced
surveys, the ship identification number scheme, and port State control on operational requirements.

Chapter XI-2 – Special measures to enhance maritime security

Includes the International Ship and Port Facility Security Code (ISPS Code). Confirms that the role of the
Master in maintaining the security of the ship is not, and cannot be, constrained by the Company, the
charterer or any other person. Port facilities must carry out security assessments and develop,
implement and review port facility security plans. Controls the delay, detention, restriction, or expulsion
of a ship from a port. Requires that ships must have a ship security alert system, as well as detailing
other measures and requirements.

Chapter XII – Additional safety measures for bulk carriers

Specific structural requirements for bulk carriers over 150 metres in length.

Chapter XIII - Verification of compliance

Makes mandatory from 1 January 2016 the IMO Member State Audit Scheme.

Chapter XIV - Safety measures for ships operating in polar waters

The chapter makes mandatory, from 1 January 2017, the Introduction and part I-A of the International
Code for Ships Operating in Polar Waters (the Polar Code).

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.
Standards of Training, Certification and Watchkeeping (STCW) 1978 as amended

International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW)

 Adoption: 7 July 1978

 Entry into force: 28 April 1984
 Major revisions in 1995 and the Manila Amendments 2010.

The 1978 STCW Convention was the first to establish basic requirements on training, certification and
watchkeeping for seafarers on an international level. Previously the standards of training, certification
and watchkeeping of officers and ratings were established by individual governments, usually without
reference to practices in other countries.

The Convention prescribes minimum standards relating to training, certification and watchkeeping for
seafarers which countries are obliged to meet or exceed.

One especially important feature of the Convention is that it applies to ships of non-party States when
visiting ports of States which are Parties to the Convention.

STCW Convention chapters

Chapter I: General provisions

Chapter II: Master and deck department

Chapter III: Engine department

Chapter IV: Radiocommunication and radio personnel

Chapter V: Special training requirements for personnel on certain types of ships

Chapter VI: Emergency, occupational safety, medical care and survival functions

Chapter VII: Alternative certification

Chapter VIII: Watchkeeping

The STCW Code

The regulations contained in the Convention are supported by sections in the STCW Code. Generally
speaking, the Convention contains basic requirements which are then enlarged upon and explained in
the Code. Part A of the Code is mandatory. The minimum standards of competence required for
seagoing personnel are given in detail in a series of tables. Part B of the Code contains recommended
guidance which is intended to help Parties implement the Convention.

The Manila amendments to the STCW Convention and Code were adopted on 25 June 2010, marking a
major revision of the STCW Convention and Code. The 2010 amendments entered into force on 1
January 2012 under the tacit acceptance procedure and are aimed at bringing the Convention and Code
up to date with developments since they were initially adopted and to enable them to address issues
that are anticipated to emerge in the foreseeable future.
Amongst the amendments adopted, there are a number of important changes to each chapter of the
Convention and Code, including:

 Improved measures to prevent fraudulent practices associated with certificates of competency

and strengthen the evaluation process (monitoring of Parties' compliance with the Convention);
 Revised requirements on hours of work and rest and new requirements for the prevention of
drug and alcohol abuse, as well as updated standards relating to medical fitness standards for
seafarers;
 New certification requirements for able seafarers;
 New requirements relating to training in modern technology such as electronic charts and
information systems (ECDIS);
 New requirements for marine environment awareness training and training in leadership and
teamwork;
 New training and certification requirements for electro-technical officers;
 Updating of competence requirements for personnel serving on board all types of tankers,
including new requirements for personnel serving on liquefied gas tankers;
 New requirements for security training, as well as provisions to ensure that seafarers are
properly trained to cope if their ship comes under attack by pirates;
 Introduction of modern training methodology including distance learning and web-based
learning;
 New training guidance for personnel serving on board ships operating in polar waters; and
 New training guidance for personnel operating Dynamic Positioning Systems.
Maritime Pollution (MARPOL 73/78)

International Convention for the Prevention of Pollution from Ships (MARPOL)

 Adoption: 1973 (Convention), 1978 (1978 Protocol), 1997 (Protocol - Annex VI);
 Entry into force: 2 October 1983 (Annexes I and II).

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 Protocol of 1978 was adopted in response to a spate of tanker accidents in 1976-1977.

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.

History of MARPOL

The history of Marpol goes back to 1954 when the first conference related to sea pollution known as
“the International convention for the prevention of pollution of the sea by oil" (OILPOL) was held.

The conference was first organized by the United Kingdom; however later on, all the regulations and
functions related to the convention were transferred to the International Maritime Organization (IMO).

The 1954 conference had amendments that mainly prevented oil pollution at sea. It did this by making
zones wherein any kind of oil discharge was prohibited.

In 1967, following the disastrous accident of the oil tanker Torrey Canyon which dumped almost 120,000
tons of oil into the English Channel.

In 1973, the 1954 convention was modified and established with a main focus on oil tankers.

In 1978, the 1973 convention was later again modified.

The Convention includes regulations aimed at preventing and minimizing pollution from ships – both
accidental pollution and that from routine operations – and currently include 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.

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.

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.
 A chapter adopted in 2011 covers mandatory technical and operational energy efficiency
measures aimed at reducing greenhouse gas emissions from ships.

Maritime Labor Convention (MLC) 2006

Introduction to International Labour Standards

“Experience shows that economic growth is not sufficient. We must do more to empower individuals
through decent work, support people through social protection, and ensure the voices of the poor and
marginalized are heard. As we continue our efforts to achieve the Millenium Development Goals and
shape a post-2015 development agenda, let us make social justice central to achieving equitable and
sustainable growth for all."

Since 1919, the International Labour Organization has maintained and developed a system of
international labour standards aimed at promoting opportunities for women and men to obtain decent
and productive work, in conditions of freedom, equity, security and dignity. In today's globalized
economy, international labour standards are an essential component in the international framework for
ensuring that the growth of the global economy provides benefits to all.

Basic facts on the Maritime Labor Convention 2006

The Maritime Labour Convention, 2006 (“MLC, 2006”) establishes minimum working and living
standards for all seafarers working on ships flying the flags of ratifying countries. It’s also an essential
step forward in ensuring a level-playing field for countries and ship-owners who, until now, have paid
the price of being undercut by those who operate substandard ships.

The Maritime Labour Convention, 2006 or MLC, 2006 is an international labour Convention adopted by
the International Labour Organization (ILO).

 It provides international standards for the world’s first genuinely global industry. Widely known
as the “seafarers’ bill of rights,” the MLC, 2006 was adopted by government, employer and
workers representatives at a special ILO International Labour Conference in February 2006.
 It is unique in that it aims both to achieve decent work for seafarers and to secure economic
interests through fair competition for quality ship owners.
 The Convention is comprehensive and sets out, in one place, seafarers' rights to decent working
conditions. It covers almost every aspect of their work and life on board including:

- Minimum age
- Seafarers’ employment agreements
- Hours of work or rest
- Payment of wages
- Paid annual leave
- Repatriation at the end of contract
 - Onboard medical care
- The use of licensed private recruitment and placement services
- Accommodation, food and catering
- Health and safety protection and accident prevention and
- Seafarers’ complaint handling

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.