2016 Amendments to the Maritime Labour Convention 2006, as amended

Application: All ship-owners, operators, masters and officers of merchant ships and authorised Classification societies, Barbados Registrars and Nautical Inspectors

This Bulletin gives notice that amendments to the above noted Convention will come into effect on 8 January 2019; namely the protection of seafarers against shipboard harassment and bullying and to allow for an extension of the validity of the MLC Certificate when a renewal survey has been held but no new certificate can be issued – see text overleaf.

We will update our Certificate prior to the entry into force date.

Meantime ship-owners and operators are advised to review their management systems to ensure they include procedures for the elimination of harassment and bullying on board and reference the procedures in the DMLC Part II.

Please be aware of the latest amendments and ensure that you have the required 2019 edition of the Manual when it is published.

REPORTING PORT STATE DETENTIONS

Application: All ship-owners, operators, masters and officers of merchant ships and authorised Classification societies

It has come to our attention that some owners/managers are failing to notify the flag administration when their ship has been detained. When the Port State also fails to notify the flag administration, for whatever reason, the window of opportunity to assess the report and consider the findings has passed.

It is a matter of fact that the failure of a few managers/owners to meet the standards expected of them on the Barbados flag, adversely affects all other ships on our flag and their owners, and threatens the standing of the Barbados flag’s reputation as a Quality register.

We would wish to remind all concerned that Barbados has a policy of de-registering any ship which is detained twice in a 12 month period, or suffers three detentions over a three year period. A copy of the Policy statement follows.

BMSR Policy Statement

Compulsory de-registration of ships.

Vessels sailing under the flag of Barbados are bound to comply with the Administrations primary objectives of ensuring that their ships remain compliant at all times with international agreed maritime standards.

The upholding of these standards is monitored by the recording of adverse comment/action made against Barbados ships by the following assessors of compliance:

• BMSR Nautical Inspectors
• Classification Surveyors
• Port State Control Inspectors
• Underwriters inspectors
• Vetting Inspectors

Such adverse comment/action made against a Barbados ship will be assessed against the following criteria of both the frequency of such occasions where comment/action are made against the ship and the promptness and suitability of the ship operator’s corrective action.

In cases where the Administration feels that the adverse comment/action against the ship indicates that the ship and its operation is failing to meet the primary objectives of the Barbados Maritime Administration, then the Administration reserves the right to de-register the ship by its removal from the Barbados International Register of Ships following the giving of seven days notice.

Over and above the preceding observations, the Administration will move to de-register a vessel following the giving of seven days notice following either:

• Port State Control detains the vessel for a second time in 12 months.
• Port State Control detains the vessel for a third time in 36 months.

Where vessels are detained that are:

• Outside the three month time window for completing the Flag State inspection AFSI.

Such vessels will be considered for de-registration on a case by case basis.

GUIDANCE ON ’TYPE APPROVALS’

and Interpretation of “to the satisfaction of the Administration”

Type Approvals

Equipment will be considered to fall into two different categories:

1) Equipment specified by the International Maritime Organisation (IMO), where there are standards developed by IMO committees. Recognised organisations shall accept such approved/adopted equipment for use on Barbados registered ships; as having been approved by maritime authorities and included in the list of approved equipment.

2) Equipment not specified by IMO, where conventions require “type approved”equipment: Barbados Maritime, in accordance with the provisions of the conventions, willaccept equipment approved by IMO member countries, where those maritime countries have provision for approval of certain types of equipment and organisations must accept the equipment so approved.

3) In cases not covered by either of the above, the Recognised Organisations, acting on behalf of Barbados, shall accept national or international standards, or the standards developed by experienced organisations, for equipment or materials on board Barbados vessels.

4) In such circumstances, the Recognised Organisations must submit to Barbados Maritime the list of equipment that has been approved, when such approvals are required.

“To the satisfaction of the Administration”

5) In all cases where the phrase “to the satisfaction of the Administration” appears in conventions ratified by Barbados, we shall apply the rules or interpretations made by national or international standards, or standards developed by experienced organisations in such cases, such as the unified interpretations of the International Association of Classification Societies (IACS).

6) Barbados Maritime Ship Registry may establish its own interpretations to allow for satisfactory means of complying with certain provisions of the Conventions, in which case, these would be applied exclusively to all Barbados registered ships.

USE OF ELECTRONIC CERTIFICATES

Application: All ship-owners, operators, masters and officers of merchant ships and authorised Classification societies

This Bulletin presents advice on the use of electronic certificates on board Barbados registered vessels. The Facilitation Committee (FAL) of the International Maritime Organization (IMO), at its 40th session approved the Guidelines for the use and acceptance of electronic certificates (FAL.5/Circ.39/Rev.2)/

Recognized Organizations issuing statutory certificates to Barbados registered ships are authorised to issue electronic versions of the statutory certificates. Electronic certificates issued by the Recognized Organizations should contain the features as stated in FAL.5/Circ.39/Rev.2, (as may be amended). They may also contain additional security features as deemed appropriate. In addition, clear and simple instructions should be provided on board for any relevant party who may wish to verify the validity and authenticity of the electronic certificates.

The electronic statutory certificates, inter alia, identifies the following features:

• validity and consistency with the format and content required by the relevant international convention or instrument;
• protected from edits, modifications or revisions;
• a unique tracking number for verification;
• reliably and securely verifiable through a conveniently accessible and continuously available platform; and
• a printable and visible symbol that confirms the source of issue.

As stated by FAL.5/Circ.39/Rev.2, electronic statutory certificates issued by the Recognized Organizations should be valid in accordance with all applicable international instruments. Notwithstanding the recognition of electronic certificates by this Administration, all parties are reminded that ships should comply at all times with the local requirements of each specific port. This Bulletin should be kept on board for consultation by Port State Control, Classification Society surveyors/auditors or any other interested party.

IMOFUEL OIL CONSUMPTION DATA COLLECTION

Application: Owners and operators of ships that are subject to air emission controls under MARPOL Annex VI

Amendments to MARPOL Annex VI requiring mandatory fuel oil consumption data collection and reporting were adopted in 2016 and will enter into force on 1 March 2018, with the first reporting period being for the 2019 calendar year. The LR notice describing this process is concise and is reproduced below:

IMO has previously agreed to address ship energy efficiency through a three-step approach:

1. Data collection
2. Data analysis
3. Deciding on what further measures, if any, are required

The recent IMO MEPC 70 meeting worked on the data collection stage and adopted amendments to MARPOL Annex VI, Chapter 4. These mean that:

• Ships of 5,000 GT and above will be required to submit to their Administration annual reports on fuel consumption and transport work parameters, via a methodology to be included in the Ship Energy Efficiency Management Plan (SEEMP).
• Upon verification of the submitted data, the Administrations will issue to the ships a Statement of Compliance related to fuel oil consumption.
• Finally, the Administrations will submit aggregate data to the IMO, which will maintain an anonymised IMO Ship Fuel Oil Consumption Database.

Ships will need to use a standardised reporting format, developed by the IMO, to submit data on:

• Identity of the ship
  • IMO number
• Technical characteristics of the ship
  • ship type
  • gross tonnage (GT)
  • net tonnage (NT)
  • deadweight tonnage (DWT)
  • power output (rated power) of main and auxiliary reciprocating internal combustion engines over 130 kW (kW)
  • Energy Efficiency Design Index (EEDI) (if applicable)
  • Ice class (if applicable)
• Fuel oil consumption, by fuel oil type, in metric tonnes, and methods used for collecting fuel oil consumption data
• Distance travelled
• Hours under way

Shipowners and operators will need to start considering the means for collecting the fuel oil consumption data that is most appropriate for each ship and updating the SEEMPs of their ships to reflect this process.

Additional IMO guidance

MEPC 70 adopted the text of a resolution on 2016 Guidelines for the development of a Ship Energy Efficiency Management Plan (SEEMP) which supersedes the 2012 Guidelines (MEPC.213(63)).

The IMO is also developing Draft Guidelines for Administration data verification procedures in order to assist Administrations with the verification of the reported data and the issuance of the Statement of Compliance. MEPC 71 finalised and adopted these guidelines

International Code for Ships Operating in Polar Waters

Guidance and instructions for Barbados Recognised Organisations, Barbados Approved Nautical Inspectors, Ship Owners, Managers and Masters

See the following bulletin details: 276: Polar Code Guidance

PORT STATE CONTROL INSPECTION MANAGEMENT

Guidance and Instructions for Barbados Recognised Organisations, Barbados Approved Nautical Inspectors, Ship Owners, Managers and Masters

1. Purpose

1.1. This Bulletin is intended to give guidance on the management of Port State Control (PSC) Inspections.

2. Application

2.1 This Bulletin is applicable to all Barbados ships subject to Port State Control Inspections.

3. The Barbados Ship Register and Port State Control

3.1 All Companies* operating ships will understand the importance and benefit of maintaining, and improving, the current low rate of Port State Control (PSC) detentions and the position of Barbados as a less targeted flag (white list) of the major regional PSC Memoranda of Understanding (MOUs).

3.2 The BMSR is fully supportive of the objectives of the PSC process in eliminating sub-standard shipping when applied in a fair and equitable manner. However, it is recognised that there are occasions when a detention may have been avoided or reconsidered with a better understanding of the process. The following comments have been prepared for the information of Companies and to give guidance on the management of the PSC inspection process.

4. Preparation for the PSC Inspection

4.1 A number of bodies, such as Classification Societies, P&I Clubs, etc, have produced checklists and guidance relating to preparation for PSC inspection. We also have a guide to PSC inspections in our Masters Guide, Companies may find these useful as an aid to ensuring that the vessel is routinely prepared for PSC inspections.

4.2 Companies are reminded that failures and breakdowns of equipment need not be a cause for detention provided that the Flag State and Recognised Organisation have been advised as soon as the breakdown is experienced, and the Port State has been alerted prior to arrival. Such reports may be the trigger for the PSC Officers (PSCOs) to attend on board and so the vessel must be prepared for this attendance.

4.3 Masters should recognise that PSCOs have an expectation that their attendance on board will be given full and prompt attention. It is important to establish a professional working relationship with the PSCO.

5. Understanding PSC Inspection

5.1 The BMSR has noted some inconsistencies in approach and interpretation between and within various Port States. It is important that senior officers on board are familiar with the PSC process to ensure that the inspection is carried out in a manner consistent with IMO Assembly Resolution A.1052(27), as amended –“Procedures for Port State Control”.

5.2 Resolution A.1052(27) is a publication available from IMO and a copy should be carried on board to assist in a professional participation in the PSC process. Companies are urged to ensure that their Safety Management System incorporates procedures to prepare for, and to deal with, PSC inspections and detentions to prevent confusion and unnecessary delay.

5.3 On conclusion of the inspection, the Master should, where appropriate, discuss the PSC report with the PSCO with regard to its justification and/or the timeframe given for rectification of deficiencies.

5.4 Deficiencies identified at PSC inspections should be closed out directly with the PSC authority involved. It should be noted that if a vessel has open deficiencies the targeting factor may be increased.

5.5 It should be noted that there is no formal appeal or review process for non-detainable deficiencies. Where a Company wishes to challenge a non-detainable deficiency, they should contact the PSC authority concerned requesting that the deficiency be reviewed. It the experience of the BMSR, such requests have limited success.

6. PSC and The International safety Management Code (ISM) and the MLC 2006

6.1 A detention and the majority of the PSC deficiencies may be considered as ISM related. There is now also a trend to use the MLC requirement for a safe place of work as a catch all. These linkages are often made by the attending PSCO, in particular when large numbers of deficiencies are found.

6.2 Proper implementation of the Safety Management System on board can be an effective tool to reduce deficiencies found at PSC and other inspections.

7. Reporting of PSC Inspections

7.1 In order to assist the BMSR in identifying those vessels which may be at increased risk of detention, the Company is required to send copies of every PSC inspection report (Form A and, if deficiencies are identified, Form B) to the BMSR as soon as possible after the inspection.

7.2 The BMSR will examine the PSC reports to determine if any further action is appropriate. This may include an additional ISM audit or BMSR inspection. The BMSR will contact the Company if any further action is deemed appropriate.

7.3 The Classification Society and/or Recognised Organisation issuing the affected certificates may have their own reporting requirements which the Company and Master should follow.

7.4 Persistent failure to provide PSC inspection reports may be regarded as objective evidence of a failure in the Safety Management System and lead to non-conformities being raised at external ISM audits.

8. Reporting of PSC detentions

8.1 The Company is required to inform the BMSR the RO, Classification Society and the ISM issuing body if a ship is detained. The BMSR should also be informed of actions taken or planned to rectify all deficiencies as soon as practicable.

8.2 The Company shall undertake a Root Cause Analysis (RCA) within 30 days of the date of detention and take corrective actions tro prevent a reoccurrence.

8.3 When the RCA is received, BMSR will review it and the ships history to determine what additional inspections of shipboard and or office Safety Management systems is required.

8.4 If a ship is detained twice within a 12 month period it will be deleted from the Register.

8.5 If a Company wishes to dispute a detention, they should inform BMSR and we shall try to assist as far as we can. The onus is on the Company to make the appeal against the detention, within the time-scale permitted by the MOU.

* The “Company” is the entity responsible for the management of the ship in accordance with the ISM Code. For ships to which the ISM Code is not applicable, the Company is the Managing Owner in accordance with the Shipping Act 1994. 

GUIDANCE ON THE IMPLEMENTATION OF THE MANILA AMENDMENTS TO THE STCW CONVENTION

This Bulletin provides information on the certification and training requirements for seafarers engaged on Barbados registered vessels.

Documents referred to in this bulletin notice:

• International Convention on Standards of Training, Certification and Watch-keeping for Seafarers, up to and including the 2010 Manila Amendments (STCW Convention);
• Seafarers’ Training, Certification and Watch-keeping Code, as amended (STCW Code);
• STCW.7/Circ.16: Clarification of transitional provisions relating to the 2010 Manila Amendments to the STCW Convention and Code;
• Barbados Endorsement Application Process;
• Minimum Safe Manning Requirements.

Most regulations and bulletins are available on this website (https://barbadosmaritime.org) or by contacting registry@barbadosmaritime.com.

See here: Bulletin 262

BARBADOS REQUIREMENTS:  NAUTICAL PUBLICATIONS

BARBADOS REQUIREMENTS:  GENERAL PUBLICATIONS

For a comprehensive list of statutory publications, please see MSC Circ. 1462

LRIT APPLICATION SERVICE PROVIDERS (ASPs) AUTHORISED BY BMSR

Application: All ship-owners, operators, masters and officers of merchant ships and authorised classification societies

In accordance with IMO MSC Circular 1307 section 7.2.4, it has been decided that Barbados  Maritime will reduce the number of Conformance Testing ASPs to just one: Fulcrum Maritime Systems of Hornchurch, Essex, UK.

This move, which will take effect from 1st January 2016, reflects the limited number of tests that are required by our clients in that we are a relatively small flag state. The move should also help to simplify matters and contain costs.

Any vessels using the service of other Testing ASPs previously authorised by Barbados may continue to do so after 1st January 2016 for the period of validity remaining on their Conformance Test Reports.