European Tripartite Seminar:

1
BULGARIAN SHIPOWNERS ASSOCIATION (BSA)

• European Tripartite Seminar
• The Maritime Labour Convention, 2006
• Varna, Bulgaria, 19-21 September 2006
• Capt. Marin Petrov, Secretary General Bulgarian
  Shipowners Association

2

The Maritime Labour Convention, 2006

• Why should States ratify this Convention?
• Bulgarian Shipowners view point

3
Responsibilities for implementation of the
Maritime Labour Convention, 2006

• Currently BSA members are complying with the
  applicable maritime labour requirements as
  follows
• Bulgarian flag ships Merchant Shipping Code,
  Labour Code, Ministerial Ordinance on Labour and
  Related Interrelations Between Crew Members and
  Shipowners, EA Maritime Administration
  ordinances, Collective bargaining agreements with
  the national unions, Seafarers Employment
  Agreements, etc.

4
Responsibilities for implementation of the
Maritime Labour Convention, 2006

• Currently
• Foreign flag ships Flag State Labour Legislation
  and requirements, ITF Collective Bargaining
  agreements or national unions CBA (depending on
  seafarers nationality), Seafarers Employment
  Agreements, etc.
• Irrespective of the flag PSC inspections on ILO
  Conventions (based on ILO Convention No.147,
  Merchant Shipping (Minimum Standards)
  Convention, 1976 and the 8 related thereto ILO
  maritime Conventions)

5
Responsibilities for implementation of the
Maritime Labour Convention, 2006

• Upon Maritime Labour Convention 2006 entry into
  force BSA members are to comply with
• the new and amended Bulgarian legislation related
  to seafarers employment, accommodation,
  recreational facilities, food and catering,
  health protection, medical care, welfare and
  social security protection
• the requirement for a valid Maritime Labour
  Certificate and Declaration of Maritime labour
  Compliance for each ship
• appropriate SMS policy/procedures amendments to
  ensure compliance with the new requirements.

6
Needs and constrains

• Most of the Maritime Labour Convention
  Regulations, Standards and Guidelines refer to
  the Member State for specific regulations/practice
  s/requirements to be set
• BSA members need a clear and comprehensive list
  of the Bulgarian Flag requirements, related to
  each of the Convention Regulations/Standards as
  well as a list of related national
  legislation/normative requirements
• The above is equally important for each Flag
  State whose ships our members own/manage

7
Needs and constrains

• It will be difficult to cope with inspections by
  Flag State and/or PSC in addition to the existing
  inspections for IMO conventions implementation
  (if performed in a different time and manner)
• The PI practices are somewhat neglected by
  requesting direct financial security for more and
  more shipowners responsibilities now a days (at
  the end this will inevitably reflect not only on
  the freight rates, but the employment fees as
  well) ref. to the new EC Safety Package III
  proposals

8
Proposals and conclusions

• We hope ILO can facilitate the dissemination of
  the different Flag States requirements (or links
  to them) related to the implementation of the new
  Maritime Labour Convention for use by the ships
  flying the respective flag
• The EA Maritime Administration (and other
  related Bulgarian authorities) are urged to
  initiate a GAP analysis for each and every
  Conventions Regulation/Standard/Guideline

9
Proposals and conclusions (cont)

• BSA members are ready to participate with
  expertise and suggestions in the GAP analysis
• Based on the above analysis, the definition of
  white and shadow areas is to be reviewed and
  agreed on a tripartite basis
• Consequent legislative/normative amendments are
  to be reviewed and agreed on a tripartite basis
  before adoption
• Full compliance to be achieved well before the
  expected date of entry in force of the Convention

10
Proposals and conclusions (cont)

• The use of ROs for the inspection and
  certification process will be helpful, and this
  shall be in the same way as the use of ROs for
  IMO conventions inspections (not introducing
  other RO bodies or procedures)
• The PSC regime is to be also updated and adapted
  in time in order to avoid proliferation of
  inspections and introducing different
  inspection/action/reporting procedures from the
  existing PSC regime under IMO conventions (A.787
  as amended).

11

• Thank you on behalf of the
• Bulgarian Shipowners Association !
• Outside this seminar we are at www.bsa-bg.com
• shipowners_at_mail.bg