Certification of Able Seamen Convention, 1946 (No. 74) - Jersey

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The Committee notes the reports provided by the Government on the application of the maritime Conventions. With a view to providing an overview of the matters raised in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

The Committee notes the Government’s information that the Jersey register is dominated by small pleasure crafts and that there are 1,784 vessels registered, of which, in addition to small pleasure vessels, 59 are small commercial vessels, one is a large commercial yacht, and one a domestic passenger vessel. The Committee notes the Government’s indication that the importance of the Conventions have grown as a result of the application of the Maritime Labour Convention, 2006 (MLC, 2006), to local recruitment and placement services. The Committee further notes the Government’s indication that the existing restrictions on the Jersey registry were amended and that it can now register ships of any type up to 400 gross tons provided that the ships over 24 meters are classed with a recognized organization. The Committee requests the Government to continue to provide information on the number of vessels registered in Jersey to which the Conventions apply.

The Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Article 2 of the Convention. Scope of application. The Committee notes the Government’s indication that the Shipping (Safety Code – Yachts and Small Ships) (Jersey) Regulations 2013 provides for a specific Jersey Code of Safety Practice. This in turn requires compliance with the MLC, 2006 requirements in the 2014 Workboat Code (a technical standard developed by the Industry Working Group which consolidates all relevant requirements into a single document and is applicable to new workboats and pilot boats) until the relevant legislation is fully modified. According to section 26.19 of the Workboat Code, if the vessel is lost, the shipowner is liable to pay seafarers’ wages for up to two months and to compensate them for loss of possessions. The level of such compensation should be specified in the seafarers’ employment agreement. The Committee requests the Government to provide information on any developments concerning the adoption of legislation implementing the Convention.

The Seamen’s Articles of Agreement Convention, 1926 (No. 22). Article 1 of the Convention. Scope of application. In its previous comments, the Committee noted that, pending the drafting of legislation to ensure compliance with the Convention, shipowners should comply with the United Kingdom’s Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations and the associated Marine Guidance Notes. The Committee notes the Government’s indication that for seafarers employed through Jersey-based recruitment and placement agencies, the Employment Agencies (Registration) (Code of Conduct) (Jersey) Order 1970 was amended in 2013 to ensure full compliance with Regulation 1.4 of the MLC, 2006. Under section 4A(4) of the Order, an agent shall not enter into an agreement with a shipowner for the recruitment of a seafarer unless, inter alia, he has obtained details in writing of the principal terms and conditions of the seafarer’s employment agreement, which shall include at least the particulars listed under Standard A2.1, paragraph 4, of the MLC, 2006. The Committee requests the Government to provide information on any developments concerning the adoption of legislation implementing the Convention.

The Certification of Able Seamen Convention, 1946 (No. 74). Article 2 of the Convention. Certification requirements for able seamen. In its previous comments, the Committee requested the Government to provide explanations with regard to legislation implementing the Convention. The Committee notes the Government’s indication that legislation concerning able seamen which is specific to Jersey ships has not been implemented, and that the United Kingdom’s Merchant Shipping (Certificates of Competency as A.B.) Regulations 1970 do not apply and have not applied in Jersey. The Committee further notes the Government’s indication that, while not specifically referring to able seamen, the Shipping (Training, Certification and Manning) (Jersey) Order 2004 imposes a responsibility on every company owning a Jersey ship to ensure that every master and seaman holds an appropriate certificate or a certificate of equivalent competency in respect of any function he is to perform on that ship. The Government further indicates that section 33 of the Shipping (Jersey) Law 2002 prohibits unqualified personnel going to sea. It further states that without legislation on able seamen, there are currently no Jersey-issued able seamen certificates. The Government finally indicates that the United Kingdom’s Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015 (SI 2015 No. 782) include provisions on able seafarers that are understood to meet the Convention’s requirements and that it intends to replace the Shipping (Training, Certification and Manning) (Jersey) Order 2004 in due course with equivalent legislation. The Committee requests the Government to provide information on any developments concerning the adoption of legislation implementing the Convention.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Certification requirements for able seafarers. The Committee notes the Government’s statement that the Convention is implemented through the Shipping (Training, Certification and Manning) (Jersey) Order 2004, which provides in section 2 that the United Kingdom Training and Certification Regulations apply to Jersey as part of the law of Jersey. The Committee observes, however, that the United Kingdom legislation to which the above 2004 Order refers, that is the Merchant Shipping (Training and Certification) Regulations 1997 (S.I. 1997 No. 348) sets out only the certification requirements for ratings forming part of a navigational watch, pursuant to Regulation II/4.2 of the IMO Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), but does not contain any provisions on certification of able seafarers (AB). Noting the Government’s earlier statements that the age, experience and examination criteria for able seafarers are identical to those required for the United Kingdom, and also noting that sections 4 and 8 of the United Kingdom Merchant Shipping (Certificates of Competency as A.B.) Regulations 1970 appear to give full effect to the requirements of the Convention, the Committee requests the Government to provide additional explanations with regard to the implementing legislation.

Practical application. The Committee requests the Government to provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, statistical data on the number of AB certificates delivered during the reporting period and relevant extracts from inspection reports showing any infringements of the relevant legislation.

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Article 2 of the Convention. Certification requirements for able seafarers. The Committee notes the Government’s statement that the Convention is implemented through the Shipping (Training, Certification and Manning) (Jersey) Order 2004, which provides in section 2 that the United Kingdom Training and Certification Regulations apply to Jersey as part of the law of Jersey. The Committee observes, however, that the United Kingdom legislation to which the above 2004 Order refers, i.e., the Merchant Shipping (Training and Certification) Regulations 1997 (S.I. 1997 No. 348) sets out only the certification requirements for ratings forming part of a navigational watch, pursuant to Regulation II/4.2 of the IMO Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), but does not contain any provisions on certification of able seafarers (AB). Noting the Government’s earlier statements that the age, experience and examination criteria for able seafarers are identical to those required for the United Kingdom, and also noting that sections 4 and 8 of the United Kingdom Merchant Shipping (Certificates of Competency as A.B.) Regulations 1970 appear to give full effect to the requirements of the Convention, the Committee requests the Government to provide additional explanations with regard to the implementing legislation.

Part V of the report form. Practical application. The Committee requests the Government to provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, statistical data on the number of AB certificates delivered during the reporting period and relevant extracts from inspection reports showing any infringements of the relevant legislation.

Finally, the Committee recalls that the Convention, together with 36 other international maritime labour Conventions, is revised by the Maritime Labour Convention, 2006 (MLC, 2006). It also recalls that, in the course of the negotiations that eventually led to the adoption of the MLC, 2006, it was agreed that the responsibility for the training and certification requirements for able seafarers – except for ships’ cooks – should be transferred to the International Maritime Organization (IMO) and that the provisions of the present Convention would be eventually superseded by new mandatory provisions to be adopted under the IMO’s STCW Convention. The Committee notes, in this respect, that the Manila amendments to the STCW Convention and Code, adopted in June 2010 and due to enter into force on 1 January 2012, contain in Regulation II/5 new requirements for certification of ratings as able seafarers deck. Recalling that the Government continues to be bound by the provisions of Convention No. 74 until the MLC, 2006 enters into force for Jersey, the Committee requests the Government to keep the Office informed of any developments regarding the effective implementation of the MLC, 2006.