Key Benefits:
Publics concerned: seafarers, representative organizations of sailors, shipowners, representative organizations of shipowners, ship safety inspectors and the prevention of marine professional risks, ship safety centres.
Subject: Compliance with the Regulations annexed to the Order of 23 November 1987 with Directive 2013/38/EU which introduces the Maritime Labour Agreement 2006.
Entry into force: the text comes into force on the day after its publication.
Notice: the transposition of Directive 2013/38/EU implies, for the control by the port State, the notification of certain information to the representative organizations of sailors and shipowners, and the establishment of a procedure for "land complaint of seafarers". Divisions 150 and 151 of the Regulations annexed to the Order of 23 November 1987 are amended to this effect. Division 120 of the Regulations is also amended to introduce the 2006 Maritime Labour Convention into the list of relevant international conventions.
References: This Order is available on the website Légifrance (http://www.legifrance.gouv.fr).
Minister of Ecology, Sustainable Development and Energy,
Considering the 2006 Maritime Labour Convention, adopted in Geneva on 7 February 2006;
Having regard to Directive 2013/38/EU of the European Parliament and of the Council of 12 August 2013 amending Directive 2009/16/EC on port State control;
Vu le Transport codeincluding articles L. 5241-4-3 and following;
Vu le Decree No. 84-810 of 30 August 1984 relating to the safeguarding of human life at sea, the habitability on board ships and the prevention of pollution;
Having regard to the Order of 23 November 1987 concerning the safety of ships;
Considering the opinion of the Central Security Commission at its 881st session of 2 July 2014,
Stop it!
The Regulations annexed to the above-mentioned Order of 23 November 1987 are amended in accordance with Articles 2 to 4 of this Order.
Division 120 is amended to read:
1° Section 120.2 is amended to read:
(a) Paragraph 2 entitled "Conventions adopted by the International Labour Organization" is replaced as follows:
“Convention No. 126 on Housing on Fishing Vessels, adopted on 21 June 1966 and published by Decree No. 72-779 of 18 August 1972 ;
“Marine Labour Convention 2006 (CTM), adopted on 23 February 2006 and published by Act No. 2012-1320 of 29 November 2012 authorizing the ratification of the International Labour Organization's Maritime Labour Convention".
2° After 120.10, an article 120.11 is inserted as follows:
"Art. 120.11.-Titres and certificates issued under the Maritime Labour Convention 2006.
Social certification under the Maritime Labour Convention 2006
| Certificate of Maritime Work | Maritime Labour Convention | Vessel of a gross tonnage greater than or equal to 500 in international navigation or in national navigation abroad |
| Declaration of Conformity to Maritime Work (1) | Maritime Labour Convention | Vessel of a gross tonnage greater than or equal to 500 in international navigation or in national navigation abroad |
| (1) The declaration of conformity to maritime work, Part II, is completed by the shipowner under social certification as defined in Article 1 of Decree No. 84-810 of 30 August 1980. This is only covered by the head of the security centre of the competent vessels. | ||
Division 150 is amended to read:
1° Section 150-1.02 is amended to read:
(a) In point 12, after the words: "operational procedures on board the ship" the following text is inserted: "in accordance withArticle 41-4 of Decree No. 84-810 of 30 August 1984 modified;
(b) In point 13, after the words: “reinforced inspection”, the following text is inserted: “in accordance withArticle 41-5 of Decree No. 84-810 of 30 August 1984 modified;
(c) Item 16 is amended to read:
The terms: "denial of access" are replaced by: "denial of access";
The terms: "the ports and anchorages of the Community" are replaced by: "the ports and anchorages of the Member States of the European Union";
(d) In point 22, the terms: "Community" are replaced by: "European Union";
(e) At point 27, the abbreviation: "CNSC" is replaced by: "ship safety centre";
(f) Items 23 and 25 are deleted;
(g) Items 24,26 and 27 are renumbered 23.24,25 respectively;
(h) A point 26 is added and thus written:
“organizations of seafarers and shipowners”, trade union organizations recognized as representative in the national collective agreements of the officers and personnel navigating the execution of the merchant marine in accordance with the Act of 20 August 2008 on the renewal of social democracy and the reform of the working time and professional organizations of the French shipping and marine service companies. » ;
2° Article 150-1.03, at the end of point 2, after the words: "a State Party to this Convention. is added the following sentence: "This vessel is subject to a detailed inspection. » ;
3° In Article 150-1.04, the words "as defined in Article 150-1.02" are deleted;
4° In Article 150-1.06, the words: "the ports of the Community" are replaced by: "the ports of the Member States of the European Union";
5° Article 150-1.08:
(a) In paragraphs 1 (a) and (b), the words "community" are replaced by: "European Union";
(b) In paragraph (a) of item 3, the words "port or anchorage in the Community" are replaced by: "port or anchorage of a Member State of the European Union";
6° Section 150-1.09 is replaced as follows:
“1. The operator, officer or master of a vessel who, pursuant to section 150-1.14, is subject to a strengthened inspection and is on the way to a French port or anchorage, shall notify the vessel's arrival in accordance with the provisions of Annex 150-1. III.
2. The person responsible shall take into account the information contained in the information system, including those referred to in paragraph 1 of this section and those specified in Article 4 of the Decree of 17 July 2009 on the General Regulations of Police in the Maritime Trade and Fisheries Ports. » ;
7° In the third paragraph of Article 150-1.15, the reference: "Division 180 annexed to the amended Order of 23 November 1987 relating to the safety of ships" is deleted;
8° Section 150-1.16 is amended to read:
(a) In paragraph 1 (a) and (b), the words "guideline 1999/35/EC" are replaced by: "Division 180";
(b) In point 3, the words "port or anchorage in the Community" are replaced by: "port or anchorage of a Member State of the European Union";
9° In section 150-1.17, item 2 is replaced as follows:
“2. When it is found, following a detailed inspection, that the living and working conditions on board the vessel are not in accordance with the Maritime Work Agreement 2006, the inspector shall immediately notify the master of the vessel of the deficiencies identified and the delays in which the vessel is to be remedied.
In the event that the inspector considers these anomalies to be significant, or if these anomalies relate to a claim that may be filed under Schedule V, Part A, item 19, of the above-mentioned agreement, the inspector shall also bring them to the attention of the organizations of seafarers and shipowners and may:
(a) Inform a representative of the flag State;
(b) Communicate the relevant information to the competent authorities of the next port of call.
With respect to questions relating to conditions of life and work on board, the inspector has the right to send a copy of his inspection report to the Director General of the International Labour Office (ILO) and, where appropriate, of the response of the competent authorities of the flag State communicated within the prescribed time limit, in order to take any action that may be considered appropriate and useful to ensure that this information is recorded and that it is made available to the parties » ;
10° Section 150-1.18 is amended to read:
(a) In point 1, after the words: "initial assessment" is inserted the word "fast";
(b) Item 3 is replaced as follows:
"The complainant's identity is not revealed to the master or the company concerned. The inspector shall take appropriate measures to ensure the confidentiality of claims filed by seafarers, including by ensuring that confidentiality is guaranteed during interviews with seafarers. » ;
(c) In point 4, the words "to the International Labour Organization (ILO)" are replaced by: "to the Director General of the International Labour Office (ILO) and to the organizations of seafarers and shipowners";
11° An article 150-1.18 bis is added as follows:
"Art. 150-1.18 bis.-Treatment on land of claims of seafarers.
1. A claim, filed by one or more seafarers, alleging a breach of the requirements of the Maritime Work Agreement 2006 (including the rights of seafarers), may be filed with an inspector of the vessel safety centre competent for the port in which the ship of the complainant(s) makes a call. In this case, the inspector undertakes an initial investigation.
2. Where applicable, in light of the nature of the claim, the initial investigation determines, inter alia, whether the internal procedures for processing claims on board have been initiated. The inspector may also conduct a more detailed inspection in accordance with section 150-1.13 of this Division.
3. Where applicable, the inspector shall promote a settlement of the claim on board the vessel.
4. In the event that the investigation or inspection reveals a non-compliance within the scope of section 150-1.19, the said section applies.
5. Where paragraph 4 does not apply and a claim relating to points covered by the Maritime Work Agreement 2006, has not been settled on board the vessel, the inspector shall immediately inform the flag State, seeking to obtain, within a prescribed period, advice and a corrective action plan from that State. Any inspection conducted shall be the subject of an electronic report to the inspection database referred to in section 150-1.24.
6. Where the claim has not been resolved as a result of the measures taken pursuant to paragraph 5, a copy of the inspector's report is forwarded to the Director General of the International Labour Office (ILO). The report shall be accompanied, if any, of the response received within the prescribed time limit by the competent authority of the flag State. The organizations of seafarers and armors are also informed.
In addition, the Ship Control Office by the Port State of the Ministry of the Sea regularly transmits statistics and information on claims that have been settled to the Director General of the International Labour Office (ILO).
7. This section is without prejudice to section 150-1.18. The fourth paragraph of section 150-1.18 also applies to claims relating to points covered by the Maritime Labour Agreement 2006. » ;
12° Section 150-1.19 is amended to read:
(a) After item 2 is added a point 2 bis as follows:
"2 bis. When conditions of life and work on board pose a clear risk to the safety, health or safety of seafarers or anomalies constitute a serious or repeated breach of the requirements of the Maritime Work Agreement 2006 (including the rights of seafarers), the inspector shall ensure that the vessel is immobilized or that the operation in which anomalies have been revealed is stopped.
The order of immobilization or stop-of-exploitation is only lifted when it has been remedied or the inspector has signed an action plan to remedy these anomalies and is satisfied that the plan will be implemented without delay. Before signing its agreement on an action plan, the inspector may consult the competent authorities of the flag State. » ;
(b) In the third paragraph of point 7, the words: "the shipowner" are replaced by: "the company";
(c) Item 8 is added a second subparagraph to read:
"In addition, if a vessel is prevented from navigating for serious or repeated breaches of the requirements of the Maritime Labour Convention 2006 (including the rights of seafarers), or because of conditions of life and work on board with a clear risk for the safety, health or safety of seafarers, the inspector immediately notifys the flag State, invites one of its representatives to be present, if possible, and requests that The inspector also immediately informs organizations of seafarers and armors. » ;
13° In item 4 of section 150-1.24, the term "CNSC" is replaced by: "ship safety centre";
14° In the last paragraph of Article 150-1.27, the term "SM3" is replaced by: "in charge of the control of ships by the port State of the ministry responsible for the sea";
15° Appendix 150-1. I is amended to read:
(a) In Part I, Chapter 1, at points c, d and e, the words: "the Community" are replaced by: "the European Union";
(b) In Part II, Chapter 1 (a), (b) and (c), the words: "Community port or anchorage" are replaced by: "port or anchorage of a Member State of the European Union";
(c) In Part II, in Chapter 2, in the third paragraph of item 2B, the term "guideline" is replaced by "division";
(d) In Part II, Chapter 2, the sixth paragraph of item 2B is deleted;
(e) In section II, after the fifth paragraph of item 2B, the following provisions shall be inserted:
"the vessels that have been the subject of a report or claim, including a ground claim, from the master, a crew member or any person or organization with a legitimate interest in the safe operation of the vessel, the living and working conditions on board or the prevention of pollution, unless the inspector considers the report or claim to be clearly unfounded;
-the vessels for which an action plan to rectify anomalies referred to in section 150-1.19, paragraph 2 bis, was accepted but in respect of which the implementation of this plan was not controlled by an inspector. » ;
16° Appendix 150-1. IV is amended to read:
(a) At point 22, the references: "ILO Convention No. 73 concerning the medical examination of seafarers" are replaced by: "Marine Labour Convention 2006";
(b) In point 23, the references: "ILO Convention No. 180 and TCCW Convention 78/95" are replaced by: "Marine Labour Agreement 2006";
(c) In point 24, the references: "ILO Convention No. 180" are replaced by: "Marine Labour Convention 2006";
(d) After item 52, items 53 to 56 are inserted as follows:
“ 53. Certificate of Maritime Work;
54. Declaration of Conformity of Maritime Work, Parts I and II;
55. International Certificate of Anti-fouling System;
56. Certificate of insurance or other financial guarantee relating to civil liability for damages caused by pollution by oil fuels; » ;
17° Appendix 150-1. V is amended to read:
(a) At the end of Part A, items 16.17.18 and 19 are added as follows:
“16. The documents required under the Maritime Labour Agreement 2006, are not submitted, or are not kept up to date, or are in a false manner, or the documents submitted do not contain the information required by the Maritime Labour Agreement 2006, or are not valid for another reason.
17. The living and working conditions on board the vessel are not in accordance with the requirements of the Maritime Labour Convention 2006.
18. There are reasonable grounds to believe that the vessel has changed its flag to avoid compliance with the Maritime Work Agreement 2006.
19. A claim was filed on the ground that certain living and working conditions on board the vessel are not in accordance with the requirements of the Maritime Labour Agreement 2006. » ;
(b) In Part B, item 1.7, the term "report" is replaced by: "claim";
18° Appendix 150-1. VIII is amended to read:
(a) The title of the schedule is renamed as follows: " Provisions concerning the refusal of access to ports and anchorages";
(b) In point 12, the words "to the ports in the Community" are replaced by: "to the ports in the Member States of the European Union";
19° Appendix 150-1. IX is amended to read:
(a) In Chapter 3.10, the words "ILO conventions" are replaced by: "From the Maritime Labour Agreement 2006";
(b) At the end of chapter 3.10, items 8 and 9 are added as follows:
“8. The conditions on board pose a clear risk to the safety, health or safety of seafarers.
9. Non-compliance constitutes a serious or repeated breach of the requirements of the Maritime Work Agreement 2006, including the rights of seafarers, regarding the living and working conditions of seafarers on board the vessel, as specified in the Maritime Work Certificate and the declaration of conformity of the vessel's maritime work. »
20° In "Annex 150-1. XI", in the first paragraph, after the term "guideline" is inserted the term "2009/16/EC";
21° In section 150-2.02, the second paragraph is amended to read:
(a) After the reference: "150-1.18", the reference is inserted: "150-1.18 bis";
(b) The reference: "150-1.30", is replaced by: "150-1.29";
22° The title of section 150-3 is renamed: "Control of the provisions relating to the duration of the work of the seafarers on board the ships that call in the ports and anchorages of the Member States of the European Union";
23° Section 150-3.01 is amended to read:
(a) In point 1, the words "of this chapter" are replaced by: "of this section";
(b) Items 3 and 5 are deleted and item 4 is renumbered in 3;
24° In section 150-3.03, the term "report" is replaced by: "claim";
25° In section 150-3.04, item 2 is amended to read:
(a) The term "report" is replaced by "claim";
(b) The second paragraph is deleted.
In section 151-1.13 of Division 151, it is inserted after the paragraph:
"to claims (art. 150-1.18),
the following paragraph:
"to land-based treatments of claims of seafarers when the Maritime Labour Agreement 2006 applies (art. 150-1.18 bis),".
The Director of Maritime Affairs is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 1 December 2014.
For the Minister and by delegation:
The Director of Maritime Affairs,
R. Bréhier
