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Bulletin 007 – Maritime Labour Convention 2006 Rev.1.5

Notice to: Shipowners, Operators, Officers, Flag State Inspectors and Recognised Organisations.

 

1.             References

a)              Barbados Merchant Shipping Act, 2024

b)              Maritime Labour Convention, 2006 (MLC 2006)

c)              ILO “Guidelines for flag State inspections under MLC 2006”

d)              ILO “Guidelines for port State control officers carrying out inspections under MLC 2006”

e)              Bulletin 013 -Barbados Approved Providers of Insurance

f)               PPO01-F07 DMLC Part I Application Form

g)              PPO01-F08: Declaration of Maritime Labour Compliance Part II

h)              PPR01-F17 ISM Declaration of company

i)                The International Safety Management Code (ISM Code)

j)                FAL.5/Circ.39/Rev.2 and Corr. 1 Guidelines for the use of electronic Certificates

k)              Bulletin 024 -DMLC Part II Explanatory Notes and Recommended Content

2.             Purpose

2.1           This Bulletin provides information on Barbados’ policy on the application of the MLC 2006 as per Sec. 123 of the Barbados Merchant Shipping Act, 2024, which governs maritime labour conditions and sets minimum standards for the working and living conditions of seafarers aboard vessels, as applicable.

3.             MLC Shipowner

3.1           ““MLC Shipowner” means the owner of the vessel, or another organisation or person, such as the manager, agent, or bareboat charterer, who has assumed responsibility for the operation of the vessel from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on the owner of the vessel in accordance with the MLC 2006, irrespective of whether any other organisation or person performs certain duties or assumes certain responsibilities on behalf of the owner”

4.             Application

4.1           The MLC 2006 applies to all seafarers and all vessels ordinarily engaged in commercial activities, whether publicly or privately owned, except as specified in Sec. 9 below.

4.2           Vessels constructed prior to 20 August 2013 are deemed to be existing vessels for the purposes of accommodation standards and accordingly Title 3 provisions of the MLC 2006 are not applicable to these vessels. Vessels constructed on or after 20 August 2013 shall comply with the accommodation standards specified in Title 3 MLC 2006.

5.             Amendments of the MLC 2006 – Financial Security Documents

5.1           The Amendments to MLC 2006 entered into force on the 18th January 2017. From this date, vessels that are subject to MLC will be required to display certificates issued by an insurer confirming that insurance is in place for liabilities in respect of:

.1              Standard A2.5.1 – Repatriation; and

.2              Standard A4.2.1 – MLC Shipowners’ liability (Death & Injury Compensation).

5.2           Barbados vessels were required to comply with the new amendments as soon as the amendments entered into force, but not later than the first MLC renewal survey. 

5.3           The insurance cover and the associated certificates shall be issued by a Barbados Approved Provider of Insurance as listed in Bulletin 013 and displayed on board.

5.4           The Financial Security Documents have a validity of one year; hence, a copy shall also be provided to the BMSR every year as evidence of valid financial security.

5.5           The insurance certificates shall be in a model format and include the information specified in the MLC Amendments. It should be noted that on these certificates, the assured party will normally be the registered owner, but this will not necessarily be the same as the “MLC Shipowner” named on other MLC documentation.

5.6           Where the assured party named on the insurance certificates and the MLC Shipowner are different, there should be evidence of this provided to the BMSR submitting PPO01-F07 DMLC Part I Application Form.

5.7           Valid documentary evidence of financial security is to be provided with the initial application and in the following circumstances:

.1              Change of the registered MLC Shipowner whose name is recorded in the P&I records and the issued evidence of financial security.

.2              Change to ISM Manager, which invalidates the existing P&I issued evidence of financial security;

.3              Change of the vessel’s gross tonnage; and

.4              Changes to exemptions or equivalent arrangements.

6.             2022 Amendments of the MLC 2006 

6.1           At its 110th session in June 2022, the ILO approved amendments to the Code of MLC 2006 which included modifications to recruitment, repatriation, recreational facilities, food and catering, medical care, and accident prevention. The amendments enter into force on 23 December 2024 and apply to all Barbadian vessels as per Sec. 4 above.

6.2           The 2022 amendments to MLC 2006 do not require any changes to the Declaration of Maritime Labour Compliance (DMLC) Part I, which remains valid.

6.3           The existing DMLC Part II and MLC documentation remains valid until the first renewal inspection after 23 December 2024, where the RO will issue a new MLC after verifying that the 2022 amendments are addressed in the DMLC II.

6.4           While the MLC and DLMC II are to reflect the 2022 amendments from the first renewal inspection, MLC Shipowners are required to ensure full compliance with the revised MLC standards no later than the 23rd of December 2024.

7.             MLC 2006 Certification

7.1           Considering Sec. 2.1 above the MLC 2006 Certification is only required for vessels of:

.1              500 gross tonnage or over, engaged in international voyages;

.2              500 gross tonnage or over, flying the Barbados flag operating from a port, or between ports, outside Barbados waters.

7.2           The full Maritime Labour Certificate (MLC), the interim MLC and the Declaration of Maritime Labour Compliance (DMLC) Part I and II are to be as per the models given in the  MLC 2006 Appendix A5-II.

7.3           The MLC is issued by a Barbados Recognised Organisation (RO) for a maximum period of five years, subject to an intermediate MLC inspection.

Interim MLC

7.4           An interim MLC is issued only once for a period of a maximum of six months and in the cases below:

.1              For a new vessel;

.2              When the vessel is registered with the BMSR;

.3              When a new MLC Shipowner assumes responsibility for the operation of the vessel.

7.5           The BMSR, in compliance with the MLC 2006, does not allow the issuance of a further interim MLC following the initial six months.

7.6           The initial MLC inspection for the issuance of the full MLC shall be carried out within the validity of the interim MLC. When the initial MLC inspection cannot be carried out for unforeseen reasons, the BMSR might issue a permit for the issuance of a short-term MLC for a maximum of 3 months.

DMLC Part I

7.7           The DMLC Part I is the national declaration of MLC 2006 compliance and is to be attached to the MLC.

7.8           The MLC Shipowner shall apply to the BMSR for the DMLC Part I by completing a PPO01-F07 DMLC Part I Application Form and sending it to registry@barbadosmaritime.com.

7.9           A new DMLC Part I will be required where there is a change of the vessel’s particulars as recorded on the DMLC Part I or any changes to the exemptions or equivalent arrangements.

7.10       A revised DMLC Part I is not required for a change of ISM Manager or owners.

7.11       The BMSR now issues electronic Declarations of Maritime Labour Compliance Part I (DMLC Part I). A valid DMLC Part I may still be maintained in original hard copy form aboard the vessel. It does not need to be re-issued in electronic form.

DMLC Part II

7.12       The DMLC Part II sets the measures adopted to ensure ongoing compliance between inspections and is developed by the MLC Shipowner to address the requirements set out in the DMLC Part I.

7.13       The DMLC Part II shall be signed by the MLC Shipowner and by the attending RO surveyor at the initial MLC inspection for the issuance of the full MLC.

7.14       The copy signed by the MLC Shipowner and RO surveyor, together with the MLC, shall be sent to the BMSR.

7.15       A revised DMLC Part II is required where there is a change of MLC Shipowner or a change to the measures to ensure compliance with the provisions of the DMLC Part I.

7.16       The BMSR has its own template for DMLC Part II, PPO01-F08.

7.17       The MLC states that “this Certificate is valid only when the Declaration of Maritime  Labour Compliance issued at  …………………………………. on ……………………………… is attached.” The BMSR interpretation is that, considering that MLC 2006 Reg 5.1.3.3 requires the vessel to carry and maintain the MLC certifying that the working and living conditions of seafarers on the vessel, including measures for ongoing compliance included in the declaration of maritime labour compliance, have been inspected and meet the requirements of national laws or regulations or other measures implementing the Maritime  Labour Convention, this shall be the date and place of when the DMLC Part II is certified as required by MLC A.5.1.3.10.

7.18       In the MLC, it states that “Completion date of the inspection on which this Certificate is based was ………………………..”. BMSR interpretation is that, considering that  MLC 2006 Standard A5.1.3.8 shall be the date on which the initial MLC inspection is carried out.

7.19       Explanatory notes and recommended content on how to prepare DMLC II are provided in Bulletin 024.

8.             Equivalency, exemption, or exception

8.1           Any applications for the acceptance of an equivalency, exemption, or exception from MLC 2006 requirements shall be submitted to the BMSR at the time of requesting the DMLC Part I by completing a PPO01-F07 DMLC Part I Application Form.

8.2           Applications for exemptions relating to structural requirements for vessels (i.e., provisions of Title 3 of MLC 2006) shall be submitted to the BMSR or through an RO.

8.3           The BMSR will assess the application and, where applicable, will issue a certificate of equivalence and/or exemption and will also include these in the DMLC Part I.

8.4           If, after to the issuance of the DMLC Part I, the MLC Shipowner requires consideration of an equivalency or exemption, a new application for DMLC Part I will be required and, if the application is granted, an amended DMLC Part I, DMLC Part II and inspection for an MLC will be required.

8.5           If, after to the issuance of the MLC, the MLC Shipowner requires consideration of an exception, an application should be submitted and if the application is granted, an amended DMLC Part II and inspection for an MLC will be required.

8.6           Any equivalency, exemption or exception will require a re-assessment if there are any changes to the issuing conditions or change of MLC Shipowner.

8.7           Where the application for an equivalency, exemption or exception is deemed to be related to a Barbados interpretation of MLC 2006 provisions (e.g., format of record keeping, determination of seafarer), the BMSR may issue a “Statement of Interpretation” to supplement the DMLC and MLC.

9.             Vessel and seafarers that do not have to comply with the requirements of MLC 2006

9.1           The following types of vessels do not require to comply with MLC 2006:

.1              Vessels that are trading and/or operating exclusively between ports and facilities within Barbados’ waters;

.2              Offshore units whose primary service is in operations for the exploration, exploitation or production of resources on or beneath the seabed and are not ordinarily engaged in navigation or international voyages (e.g., MODUs, drill ships, jack-up platforms, accommodation platforms, Floating Production, Storage and Offloading units (FPSO), purpose built or permanently converted Floating Storage and Offloading/Floating Storage Units (FSO, FSU, FSRU, etc.);

.3              Objects under tow;

.4              Non-propelled barges;

.5              Charter (commercial) yachts of less than 24 meters in length;

.6              Private (non-commercial) yachts of any size.

9.2           A seafarer is a person engaged or employed onboard for the purpose of  MLC 2006.

9.3           However, for the definition of seafarer, other factors that are taken into consideration are:

.1              If the nature of work is not part of the routine business of the vessel;

.2              Although trained and qualified in maritime skills, the persons concerned perform key specialist functions that are not part of the routine business of the vessel;

.3              The work the person performs is occasional and short term, with the principal place of employment being onshore; and

.4              all Seafarer Employment Agreements (SEA), or Collective Bargaining Agreements (CBA) forming part thereof, or Contracts of Employment, comply with MLC 2006.

9.4           Considering Sec. 9.3 above, the BMSR does NOT consider the following group of  persons as seafarers:

.1              Port workers, including travelling stevedores;

.2              Pilots and port officials;

.3              Vessel surveyors and auditors;

.4              Equipment repair/service technicians and riding crew whose principal place of employment is onshore;

.5              Guest entertainers who work occasionally and short term on board with their principal place of employment being onshore;

.6              MLC Shipowner’s shore-based personnel;

.7              Chief storekeeper;

.8              Vessel HSE Officer; and

.9              Riding crew.

9.5           If the MLC Shipowner deems that there is any other category of persons who should not be considered seafarers for the purpose of MLC 2006, an application containing the following should be submitted to ops@barbadosmaritime.com.

.1              The category or capacity of the persons;

.2              The duration of the stay on board of the persons concerned;

.3              The frequency of periods of work spent on board;

.4              The location of the person’s principal place of work;

.5              The purpose of the person’s work on board;

.6              Who is responsible for the labour and social conditions for the persons;

.7              Whether an agreement is in place for the persons and if the MLC Shipowner has assessed it to ascertain if it is comparable with MLC 2006.

9.6           If the BMSR assesses a group of persons not to be a seafarer for compliance either fully or in part with the MLC 2006 requirements, BMSR will issue a “Statement of Interpretation” to supplement the DMLC and MLC.

9.7           The MLC Shipowner should note that even when a group of persons has been assessed not to be a seafarer or a vessel does not require compliance with the MLC 2006, the following minimum requirements remain applicable:

.1              The authority of the Master (or Offshore Installation Manager where a Master is not on board) for the overall safety and security of the vessel and compliance with any relevant Barbados requirements;

.2              Minimum age: Persons shall be 16 years or older;

.3              Medical certificate: Persons who hold any STCW certificate shall have a valid medical certificate. For all other persons serving onboard, the MLC Shipowner should verify that the affected person(s) is medically fit, taking into consideration the shipboard environment;

.4              Training or instructions: Persons working on board shall be duly trained or instructed for their assigned shipboard duties, especially those duties that are related to safety, security or environmental protection;

.5              Hours of rest: Persons assigned safety, security or environmental protection shipboard duties, shall comply with the STCW hours of rest requirements;

.6              Medical care: The person shall have access to on board medical care;

.7              Health and safety protection and accident prevention: The onboard occupational health and safety and accident prevention policies should be applicable;

.8              On board complaints: The person should have access to the on board complaints procedures;

.9              Employment period onboard: Persons should not be employed or engaged onboard for periods exceeding 12 months;

i)            Repatriation: The MLC Shipowner should verify that there are measures to enable the repatriation of the persons employed or engaged onboard within 12 months of signing the SEA, CBA and/or Contracts of Employment;

ii)          Wages: shall be paid for their work regularly and in full in accordance with their SEA, CBA and/or Contract of Employment.

9.8           All persons employed on board vessels shall receive safety familiarisation training and/or instruction prior to being assigned shipboard safety, security or environmental duties.

10.         Regulation 2.1 – Seafarers’ employment agreements

10.1       The duration of the seafarer’s contract of employment should not be confused with the protection of the rights to repatriation and annual leave.

10.2       There is no restriction on the length of a Seafarer’s Employment Agreement (SEA) under MLC 2006. Seafarers may enter into SEAs covering periods longer than 11 months.

10.3       MLC 2006 Standard A2.1, paragraph 4(g)(i) expressly allows SEAs for an indefinite period.

10.4       Should there be a restriction on the term of an SEA in an applicable collective bargaining agreement, such a restriction shall also be applicable to the SEA for service onboard a Barbadian vessel, provided the restriction is not in conflict with MLC 2006 regulations. However, without such a restriction, the seafarer’s ability to extend their contract beyond its expiration date or 12 months, if so desired, would not be limited, subject to mutual agreement between the seafarer and the MLC Shipowner.

10.5       Regardless of contract length, all SEAs shall provide for annual leave and repatriation in accordance with MLC 2006 Standards A2.4 and A2.5, respectively.

10.6       A fixed expiry date for the length of the contract need not be indicated on a SEA (containing a start date) when a valid Collective Bargaining Agreement (CBA) with a set period (e.g., 6 months ± 1 month) of contract duration is attached. See Sec. 12 below.

11.         Minimum age

11.1       No person below the minimum age of 16 years shall be employed, engaged or work on a Barbados registered vessel.

11.2       No person below the minimum age of 18 years shall be employed, engaged or work on a Barbados registered vessel in the following capacities:

.1              Master;

.2              Chief Mate;

.3              Chief Engineer;

.4              Officer In charge of a Navigational and an Engineering Watch;

.5              Electro-Technical Officer;

.6              GMDSS Radio Operator;

.7              Offshore Installation Manager;

.8              Ballast Control Operator;

.9              Barge or Maintenance Supervisor;

.10           Vessel Cook.

11.3       No seafarer under the age of 18 shall work at night. For the purpose of these requirements, ‘night’ means a period of at least nine (9) hours starting no later than midnight vessel’s time and ending no earlier than 05:00 vessel’s time.

11.4       The requirement for night work may be waived where:

.1              the seafarer is engaged in a training programme that has been established by the MLC Shipowner. The training program and schedule of night time work should be documented in the Safety Management System; or

.2              the specific nature of the duty or training programme, as recognised by the BMSR, requires the performance of duties at night. The Company shall undertake a shipboard assessment which should determine that the work will not be detrimental to the health and wellbeing of the person under 18, taking into consideration the hazards outlined in the section below.

11.5        No person under the age of 18 shall be employed or engaged or work on board a vessel where the work is likely to jeopardise their health or safety. The Company shall ensure that the Shipboard Occupational Health and Safety Plan (SOHSP) specifically addresses seafarers under the age of 18, including any work or activity deemed hazardous and restrictions or training requirements for such work or activity.

12.         Regulation 2.4 – Entitlement to leave

12.1       Annual leave with pay is to be calculated based on a minimum of 2.5 days per completed calendar month of employment.

12.2       MLC 2006 Standard A2.4.3 prohibits any agreement to forgo the minimum annual leave with pay, except in cases provided for by the Competent Authority. The Competent Authority in this case is the flag State.

12.3       The BMSR strictly prohibits a forfeiture of paid annual leave but does allow paid annual leave to be accumulated and taken as mutually agreed by the seafarer and MLC Shipowner as detailed in the SEA, provided the requirements for accumulating paid leave and the right of repatriation are continued and met.

13.         Regulation 2.5 – Repatriation

13.1       MLC 2006 Standard A2.5.1.2(b) states that the maximum duration of service periods on board following which a seafarer is entitled to repatriation is to be less than 12 months.

13.2       The BMSR’s interpretation of Standard A2.5 is that repatriation is an absolute right and deems MLC 2006 “Guideline B2.5 – Repatriation” mandatory for ensuring the repatriation of a seafarer.

14.         Collective Bargaining Agreements

14.1       As defined by MLC 2006 Article II 1.(g), a SEA includes both a contract of employment and articles of agreement.

14.2       In accordance with MLC 2006 Regulation 2.1 paragraph 3:

.1              To the extent not prohibited by the laws, regulations, and practices of the BMSR, seafarers’ employment agreements shall be understood to incorporate any applicable collective bargaining agreement. Clear information, including any labour contract, shall be made available to the crew on board every vessel as to the conditions of employment thereon.

14.3       The BMSR allows the provisions of a CBA to govern the specific conditions of employment, provided they are not in conflict with the MLC 2006 regulations.

15.         MLC On-board Complaints Procedure

15.1       All seafarers shall be provided with a copy of the onboard complaint procedures applicable on the vessel. This shall include the following information:

.1              The seafarer’s right to representation;

.2              Safeguards against victimisation of the seafarer;

.3              Contact information of the BMSR and the competent labour authority in the seafarers’ country of residence; and

.4              Name of a person or persons on board the vessel who can, on a confidential basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them on board the vessel.

15.2       The MLC Shipowner and the Master are responsible for ensuring that victimisation of a seafarer for filing a labour grievance under the MLC 2006 does not occur. Any claims of victimisation should be investigated by the master or MLC Shipowner and where instances of victimisation are found to occur, these shall be dealt with under the Company’s disciplinary procedures in the shortest possible time.

15.3       All complaints will be treated by BMSR in confidence and will be given serious consideration. It is, however, essential that the person making any complaint is identified to BMSR. BMSR will not reveal the source of its information when investigating, but will not deal with any anonymous complaints.

15.4       If it is appropriate, a BMSR inspector will visit the vessel to investigate the complaint. The BMSR might also request an additional MLC inspection to be carried out by an RO surveyor to investigate the complaint and check compliance with the MLC 2006.

15.5       The complaint should be addressed to the head of the department of the seafarer lodging the complaint or to the seafarer’s supervising officer, who should attempt to resolve the matter within the prescribed time limits appropriate to the seriousness of the issues involved. The MLC Shipowner should have time limits outlined in the shipboard management system, and this should take into consideration the time frame noted in Sec. 15.8 below.

15.6       If the head of department or supervising officer cannot resolve the complaint to the satisfaction of the seafarer, the seafarer may refer it to the master, who should handle the matter personally.

15.7       If a complaint cannot be resolved on board, the matter should be referred ashore to the MLC Shipowner, who should be given an appropriate time limit for resolving the matter, where appropriate, in consultation with the seafarer concerned or any person whom the seafarer may appoint as their representative.

15.8       If, after twenty (20) days, conciliated settlement cannot be reached, either party shall have a further 20 days to refer the complaint to the competent labour authority, to decide upon a satisfactory solution to the matter.

15.9       If the seafarer lodges the complaint with an external authority rather than the BMSR, that authority shall be provided with the contact information of the BMSR and requested to communicate the complaint to the BMSR. Any investigation or action by an external authority should take into account the extent to which the on board complaint procedure has been utilised, and its effectiveness in dealing with the complaint.

If the seafarer is in any doubt about presenting a complaint and considers that they will be victimised due to presenting a complaint, they shall have the right to contact the BMSR for guidance or they may submit the complaint directly to the BMSR at any time.

16.         Electronic SEA and CBA, and digital signature

16.1       The BMSR has no objection to the use of electronic documents (SEA and CBA) and digital signature, provided that both parties are content to accept an electronic document and with the principle that the seafarer shall have time to read and take advice on the SEA before, and that both sides shall have agreed it, boarding the vessel, applies in all cases. As there are no specific guidelines from either IMO or ILO, the BMSR has outlined the below based on the same principles of ISM Code and FAL.5/Circ.39/Rev.2 and Corr. 1.

16.2       Signatures on SEA :

.1              Every SEA shall be signed by all contracting parties

.2              All contracting parties shall have a fully signed authentic copy for their perusal, which therefore is deemed to be original, and all parties shall constantly be in possession thereof.

.3              The relationship between the parties involved shall provide for the definite legal link between the Seafarer and the MLC Shipowner(s), based upon evidence for any involved lawful authorisation (e.g., representation, acting as agents, subcontractors etc.

.4              The use of digital signatures and electronic documents is deemed to meet the authenticity requirements and therefore permitted, under the following conditions:

i)            Security: There are appropriate security measures for digital signatures in place, which require the use of a certificate issued by a Qualified Trust Services Provider to establish the identity of the signer;

ii)          Procedure: The procedure for use of digital signatures and electronic documents shall be outlined in the company management system(s) as per ISM Code Chapter 11;

iii)         Authenticity: Each digital signature shall be unique to one individual and shall not be reused by, or reassigned to, anyone else;

iv)         Traceability: Any alteration of electronic documents and any application of any digital signature shall be traceable in terms of its extent and origination;

v)          Reference: Reference shall be made that the document has been digitally signed by (or for/on behalf of) the MLC Shipowner(s) and or Seafarer(s) etc;

vi)         Identification: Each electronic document shall have a unique tracking number (string of numbers, letters or symbols) ;

vii)        Verification: Instructions for allowing third parties (PSCO/MLC inspectors) to verify the information contained in the electronic documents and the authenticity of digital signatures and shall be available on board the vessel. This means a reliable, secure and continuously available process to confirm the authenticity and validity of an electronic document using the unique tracking number and other data contained on or embedded in the electronic document, such as a digital signature.

 

 

Revision No

Description Of Revision

1.0

First Issue – supersedes information bulletin 219/296/303/343/341/330

1.1

Amended sections: 1.h, added Sec.1.i, 1.j and 15.

1.2

Amended: Sec 5 title; Sec 9.4, amended reference from 8.3 to 9.3;  Sec 10.4, amended reference from 10 to 11; Sec 15.5, amended reference from 13.8 to 14.8; Sec. 16 deleted duplicate “the”.

Added: new Sec. 6 “2022 Amendments of the MLC 2006”.

1.3

Amended:

Sec. 1.a,1.f,1.g and 1.h rewrote and new hyperlink; Sec. 4.1 removed repeated wording “MLC 2006”; Sec. 2.1 added reference to the Act; Sec. 5.6 amended reference to form Sec. 6.2 and 6.3 rewritten. Sec 7.1 amended cross reference “Error! Reference source not found”; Sec. 7.4 added “a” to “ a maximum”; Sec. 7.8 amended reference to form and email hyperlink; Sec 7.12 rewritten; Sec 7.16 amended with a new cross-reference; Sec. 8.1 amended reference to form.

Added:

Sec. 6.4,7.17 &7.18 New

1.4

Amended Sec. 7.17,7.18, 15.1.3 and 16.3.4.iii

1.5

New paragraph: 1.k and 7.19 

Deleted old par. 16.2 and 16.3 renamed 16.2;

Added hyerlink:1.b 

Amended text: 2.1/3.1/5.1.2/5.3/5.4/5.5/5.6/5.7.1/5.7.2/7.4.3/7.6/7.8/7.12/7.13/8.5/8.6/9.1/9.3/

9.3.1/9.3.2/9.3.3/9.4.3/9.4.6/9.5.7/9.6/9.7.1/9.7.3/9.7.4/10.4/10.5/11.2.10/12.3/15.2/15.3/15.5/

15.7/15.9/16.1/16.2.1/16.2.2/16.2.3/16.2.4.v/16.2.4.vii

 

 

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21st November 2023 0
Bulletins

Bulletin 009 – Inventory of Hazardous Materials Rev.2.0

Notice to: Shipowners, Operators, Officers, Flag State Inspectors and Recognised Organisations.

 

 

1.             References

a)              HKC, Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009

b)              EU SRR, Regulation (EU) No 1257/2013 of the European Parliament and of the Council on ship recycling

c)              EMSA Guidance on inspections of ships by the port States in accordance with Regulation (EU) 1257/2013 on ship recycling

2.             Purpose

2.1           This Bulletin provides instructions for compliance with the provisions of the HKC and the EU SRR.

3.             Application

3.1           This Bulletin applies to any Barbadian vessel.

4.             General – IHM

4.1           Both the EU SRR and the HKC require vessels to develop and maintain an IHM and undergo a survey and certification to verify that the requirements are met.

4.2           A Barbadian vessel can be issued with an International Certificate on Inventory of Hazardous Materials (ICIHM) or with a SoC ( See Sec. 5 below) by one of the Barbados Recognised Organisations (RO) after a satisfactory initial survey, including verification that the IHM Part I meets the relevant requirements.

4.3           The IHM shall be vessel-specific and shall identify, as a minimum, the hazardous materials listed in Appendix I of the HKC or Annex I of the EU SRR, as appropriate.

4.4           The IHM shall be properly maintained and updated throughout the vessel’s operational life. It must reflect new installations that contain hazardous materials referred to in Appendix II of the HKC or Annex II of the EU SRR, as appropriate, and relevant changes in the vessel’s structure and equipment, taking into account the exemptions and transitional arrangements applicable to those materials under international law.

5.             Hong Kong Convention

5.1           The HKC was adopted in 2009 and entered into force globally on 26 June 2025.

5.2           Barbados deposited its Instrument of Accession to the HKC with the International Maritime Organisation (IMO) on 29 September 2025. Accordingly, the Convention will enter into force for Barbados on 29 December 2025, in accordance with Article 17(3) of the Convention.

5.3           Until the entry into force of the HKC, Barbados ROs are authorised to conduct voluntary inspections and issue a Statement of Compliance (SoC) upon request by the vessel’s managers.

5.4           From 29 December 2025, compliance with the HKC will become mandatory for all Barbadian vessels. Upon satisfactory completion of the relevant surveys, the authorised Barbados ROs shall issue:

.1              The International Certificate on Inventory of Hazardous Materials (ICIHM); and

.2              The International Ready for Recycling Certificate (IRRC), at the final survey.

5.5           For existing vessels, the voluntary SoC shall be replaced by the ICIHM at the first Harmonised Renewal Survey on or after 29 December 2025, and in any case by no later than 30 December 2030, or earlier if the vessel is intended for recycling.

5.6           Existing SOC shall remain valid and acceptable during the transitional period until they are formally replaced by the new Convention certificates.

5.7           The issuance of the ICIHM or the SoC shall be subject to an initial or renewal survey in accordance with Regulation 10 of the HKC.

5.8           Both the ICIHM or the SoC  shall have a validity of a maximum of five (5) years in accordance with Regulation 11 of the HKC .

5.9           An additional survey may be conducted at the request of the shipowner to ensure that any change, replacement, or significant repair made to the structure, equipment, systems, fittings, arrangements, and material continues to comply with the Convention requirements.

5.10       A Final Survey shall be carried out prior to the vessel being permanently taken out of service and before any recycling activities commence. Upon satisfactory completion of this survey, the vessel shall be issued with an IRRC.

6.             EU SRR

6.1           Article 12 of the EU SRR requires vessels flying the flag of Barbados, which is a non-EU Member State, when calling at a port or anchorage of an EU Member State, to have on board an EU SRR SoC and IHM from 31 December 2020.

6.2           Barbados ROs are authorised to survey vessels and issue voluntary EU SRR SoC on behalf of Barbados when requested by the managers. The EU SRR SoC may be modelled on the basis of Appendix 3 to the HKC or in the format specified in Annex 3 of the EMSA Guidance on inspections of ships by the port States.

6.3           The EU SRR SoC and the inventory of hazardous materials shall be drawn up in English.

6.4           A Barbadian vessel may be warned, detained, dismissed or excluded from the ports or offshore terminals under the jurisdiction of an EU Member State in the event that it fails to submit to the relevant authorities of that Member State a copy of the EU SRR SoC in accordance with paragraphs 6 and 7 of Article 12 of EU SRR, together with the IHM, as appropriate and on request from those authorities.

6.5           An EU Member State taking such action shall immediately inform the BMSR. Failure to update the IHMs shall not constitute a detainable deficiency, but any inconsistencies in the inventory of hazardous materials shall be reported to the BMSR and shall be rectified at the time of the next survey.

6.6           The EU SRR does not establish a period of validity for the EU SRR SoC, unless so specified by the flag State. The BMSR requires the validity of EU SRR SoC to have a five-year validity in line with the IHM of HKC. Therefore initial, renewal and additional surveys, as applicable, will need to be conducted for Barbadian vessels under the EU SRR.

 

 

 

Revision No

Description Of Revision

1.0

First Issue – Supersedes Information Bulletin 299 and 333

1.1

·         Sec. 3.1, 5.2, 5.6 – Replaced “ship/s” with “vessel/s”;

·         Header from page 2 onwards- Added doc revision;

·         Sec. 6 – Rewritten.

2.0

Major reissue with changes all over the document.

 

 

 

 

 

 

 

 

 

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8th November 2023 0
Bulletins

Bulletin 010 – Barbados Reporting Requirements Rev.2.2

Notice to: Shipowners, Operators, Officers, Flag State Inspectors and Recognised Organisations.

 

1.             References

a)              Barbados Merchant Shipping Act, 2024

b)              Maritime Labour Convention 2006 (MLC).

c)              Bulletin 035 – Piracy and Armed Robbery.

d)              Bulletin 018 – Marine Accident Reporting .

e)              FAL.13(42) “Revised guidelines on the prevention of access by stowaways and the allocation of responsibilities to seek the successful resolution of stowaway cases”.

f)               PPO01-F10: Stowaway Incident Report

g)              PPO01-F12: Account of property of a diseased seaman

h)              PPO01-F13: Returns of births and deaths onboard

i)                PPO01-F15: Report-of-a-Case-of-an-Occupational-Disease

2.             Purpose

2.1           This Bulletin provides information on BMSR’s reporting requirements for:

.1              Births and Deaths (Section 4);

.2              Occupational Diseases (Section 5);

.3              Breaches of security and Stowaways (Section 6).

2.2           This Bulletin does not cover reporting of Piracy and Armed Robbery accidents, which are addressed in Bulletin 035.

2.3           This Bulletin does not cover reporting of Marine Accidents, which is addressed in Bulletin 018.

3.             Application

3.1           This Bulletin applies to all Barbadian vessels engaged in international voyages.

4.             Births and Deaths

4.1           Section 1247 of the Barbados Merchant Shipping Act, 2024 requires the master of a Barbadian vessel to submit a record of any birth or death onboard the vessel. The Form PPO01-F13 shall be sent to registry@barbadosmaritime.com as soon as it is practicable to do so.

4.2           When recording a death, copies of the following documents shall be provided if and when they become available. All documents must be in English or accompanied by English translations:

i) Relevant extract from the Official Logbook;

ii) Deceased’s passport;

iii) Notice of death / death certificate (certified copy);

iv) Doctor’s report(s);

v) Autopsy / Coroner’s report;

vi) PPO01-F12 (where applicable).

4.3           Unavailability of the required documents should not delay reporting.

4.4           Additional documentation may be requested by the BMSR depending on the circumstances of the case.

5.             Occupational Diseases

5.1           As per MLC Regulation 4.3 any Occupational Diseases are to be reported with Form PPO01-F15, which is to be sent to ops@barbadosmaritime.com.

6.             Breach of Security and Stowaways

6.1           Vessels that suffer, or prevent, a breach of security such as unauthorised access, cyberattack, bomb threat or discovery of suspicious items should report via email to ops@barbadosmaritime.com.

6.2           In the case of stowaway(s), Form PPO01-F10 shall be sent to ops@barbadosmaritime.com as soon as it is practicable to do so.

6.3           For dealing with cases of stowaways the shipowners and masters shall follow the basic principles of FAL.13(42).

 

Revision No

Description Of Revision

1.0

First Issue – supersede Bulletin 317 : Casualty and Accident/Incident Reporting Requirements Rev.1.0

2.0

1. replaced wording “ship” with “vessel”.

2 Marine accidents sections removed and new bulletin B018- Marine Accident Reporting has been issued.

2.1

Added Sec. 1.e and 6.3

2.2

Amended Sec. 1.a,1.d,1.e,2.2,2.3,4.1,4.2.iv,4.2.v,4.2.vi, 5.1 and 6.2 Added Sec. 1.f,1.g,1.h,1.i

Amended format size of this table

 

 

 

 

 

 

 

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6th October 2023 0
Bulletins

Bulletin 021 – BMSR Certificates of Endorsements Rev.2.0

Notice to: Shipowners, Operators, Officers, Flag State Inspectors and Recognised Organisations.

 

1.             References

a)              Barbados Merchant Shipping Act, 2024

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

c)              The Seafarers’ Training, Certification and Watchkeeping Code (STCW Code)

d)              MSC.1/Circ.1163/Rev.13 Parties to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, confirmed by the Maritime Safety Committee to have communicated information which demonstrates that full and complete effect is given to the relevant provisions of the Convention

e)              PPS01-F02: Seafarer Agent Appointment Form

f)               PPS01-F01: Application for Certificate of Endorsement and Seaman’s Record Book

g)              Circular Letter No.5019 – Communication From The Kingdom Of The Netherlands (Secretariat) – Notification on fraudulent activities

2.             Definitions

2.1           Certificate of Competency (COC)” means a certificate, issued, and endorsed by an STCW Convention Party for masters, officers and GMDSS radio operators in accordance with the provisions of Chapters II, III, IV or VII of the STCW Code and entitling the lawful holder thereof to serve in the capacity and perform the functions involved at the level of responsibility specified therein;

2.2           “Certificate of Proficiency (COP)” means a certificate, other than a certificate of competency issued by STCW Convention Party to a seafarer, stating that the relevant requirements of training, competencies or seagoing service in the Convention have been met;

2.3           “Endorsement (COE)” means a valid document that attests the recognition of a certificate issued by a STCW Convention Party in accordance with the provisions of the STCW Convention I/10, to acknowledge that a holder has the right to occupy a position on board of a Barbadian vessel.

3.             Purpose

3.1           This Bulletin is to provide:

.1                        The list of Administrations whose COCs and COPs are recognised by the BMSR under STCW Convention Regulation 1/10 and the list of relevant COEs issued by the BMSR;

.2                        To describe the application and issuance process of COEs and Seaman’s Record Books (SRB) for seafarers working on Barbadian vessels through the BMSR online platform Seafarer HQ (SHQ) system.

4.             BMSR COEs 

4.1           The list below, as per STCW Code Part B, Chapter I Table B-1/2, identifies all certificates that have to be addressed by the BMSR for seafarer who works on Barbadian vessels.

List of BMSR COEs

STCW Regulations

Type of certificate

Seafarer 

II/1, II/2, II/3, III/1, III/2,

III/3, III/6, IV/2, VII/2

COC

·       Masters, officers and GMDSS radio operators

V/1-1, V/1-2

COP for Basic and Advanced training for oil and chemical or liquefied gas tanker cargo operations

·       Officers assigned specific duties and responsibilities related to cargo or cargo equipment on board tankers

·       Masters, chief engineer officers, chief mates, second engineer officers and any officer with immediate responsibility for loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo-related operations on board tankers

VI/5

COP for Ship Security Officer (SSO)

·       Any seafarer designated as SSO

HSC Code Sec. 18.3

Type Rating Certificate (TRC)

·       The Master and all officers having an operational role serving on High Speed Craft (HSC), including Hovercraft

5.             Application for Barbadian COEs

5.1           Applications for Barbados COE are not accepted from individuals and shall be submitted by the Seafarer Agent, the company appointed by the vessel owners engaged in the employment, recruitment, or selection of persons for service on Barbados vessels.

5.2           Companies that wish to be recognised as Seafarer Agent for applying COEs as per Sec. 5.1 above shall submit the form  PPS01-F02 to stcw@barbadosmaritime.com

5.3           All seafarer applications shall be submitted via the BMSR SHQ. Once the application is submitted, a Confirmation of Receipt of Application (CRA) can be downloaded by the person submitting the application.

5.4           The Documents required along with the application form are:

.1                        Valid passport;

.2                        Medical Certificate (issued as per Sec. A-I/9 of STCW Code);

.3                        National COC and COP;

.4                        Recent Passport Size photo.

5.5           Details regarding applicable fees are provided on BMSR website: https://barbadosmaritime.org/registration/registration-fees/

5.6           Seafarers are permitted to serve on a Barbados vessel as soon as they have the CRA. The CRA is valid only for 3 months and cannot be extended.

5.7           The application shall be submitted for both COE and SRB uploading PPS01-F01 on SHQ. Applicants need to submit the listed documentation along with the application for the process to commence.

5.8           The validity of the COEs corresponds to the expiry date of the applicant’s National COCs and COPs. Where only the issue date is noted, BMSR will accept a validity of two years for individuals up to 65 and one year for those older than 65. For individuals over 65, an Endorsement will only be issued with a validity of one year, and it will only be renewed each year upon receipt of a new medical certificate.

5.9           Where an officer’s additional qualification consists of a separate CoC not recorded on the CoC submitted for recognition under STCW Regulations I/10, this additional qualification, if required and practicable, will be noted on the COE. While recording the additional qualification, the validity of the COE will still be issued based on the national COC’s validity.

5.10       The issuing Administration may record the GMDSS qualification in one of two ways.

.1                        The GMDSS can be included on the issuing Administration’s COC document, in which case the expiry of the COE is the date given on the issuing Administration’s COC document. 

.2                        A separate Certificate of Competency issued for the GMDSS qualification.  A separate COE is issued (for which an additional charge is applied) using the validity as per the issuing Administration GMDSS document.

5.11       Medical Certificates are acceptable only when issued in accordance with the provisions of STCW Sec. A-I/9 of STCW Code by Administrations having IMO (White list) recognition as listed in MSC.1/Circ.1163/Rev.13 or by approved BMSR medical practitioners.

5.12       Confirmation of the applicant’s identity, whether for a COE or an SRB, is done by the following actions:

  1. The Crew Officer has to check that the information uploaded on SHQ is correct, verify on national websites and then issue COEs as per PPS01-F01;

  2. The applying company’s Declaration of Authenticity is included in PPS01-F01, is signed and stamped by the Seafarer Agent; and Personal details entered on SHQ are cross-matched with PPS01-F01.

6.             Verification of Seafarer Documentation by Third Parties

6.1           Third parties may carry out verification of Seafarer Documentation by accessing the “Validate a Document” on the BMSR website https://portal.barbadosmaritime.org/certificate_validators or by scanning the barcode printed on each document.

6.2           Following Circular Letter No.5019 dated 06 May 2025, despite Sint Maarten being listed in MSC.1/Circ.1163/Rev.13 the BMSR does not accept COCs issued under the name of Sint Maarten.

7.             Administrations recognised by the BMSR   

7.1           The list of Administrations whose COCs and COPs are recognised by the BMSR, under STCW Convention Regulation 1/10 and based on MSC.1/Circ.1163/Rev.13, is outlined in the table below.

ARGENTINA

AUSTRALIA

AZERBAIJAN

THE BAHAMAS

BANGLADESH

BELGIUM

BELIZE

BRAZIL

BULGARIA

CANADA

CAPE VERDE

CHILE

CHINA

CROATIA

CUBA

CYPRUS

CZECH REPUBLIC

DENMARK

DOMINICA

EGYPT

ESTONIA

ETHIOPIA

FIJI ISLANDS

FINLAND

FRANCE

GEORGIA

GERMANY

GHANA

GREECE

HONDURAS

HONG KONG

HUNGARY

ICELAND

INDIA

INDONESIA

IRAN

IRELAND

ISRAEL

ITALY

JAMAICA

JORDAN

KOREAN REPUBLIC

LATVIA

LEBANON

LIBERIA

LITHUANIA

MEXICO

MONTENEGRO

MYANMAR

NETHERLANDS

(including Curacao)

NEW ZEALAND

NORWAY

PAKISTAN

PANAMA

PHILIPPINES

POLAND

PORTUGAL

ROMANIA

RUSSIAN FEDERATION

SERBIA

SINGAPORE

SLOVAK REPUBLIC

SLOVENIA

SOUTH AFRICA

SPAIN

SRI LANKA

SWEDEN

TANZANIA

THAILAND

THE COOK ISLANDS

TURKEY

UKRAINE

UNITED KINGDOM

URUGUAY

UNITED STATES OF AMERICA

VIETNAM

 

 

Revision No

Description Of Revision

1.0

First issue – Supersedes  Information Bulletin 350

Added Tanzania

1.1

Amended table in sec 4.1, added row for TRC

2.0

General revision, rewritten.

 

 

 

 

 

 

 

 

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5th October 2023 0
Bulletins

Bulletin 006 – Port State Control Detentions Rev.1.2

Notice to: Shipowners, Operators, Officers, Flag State Inspectors and Recognised Organisations.

1. References

a) IMO Assembly a) IMO Assembly Res. A.1185(33) Procedures for port state control, 2023;
b) ILO Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention, 2006;
c) BMSR Bulletin 004 – Flag State Inspections

2. Purpose

2.1 This Bulletin provides instructions and requirements for Port State Control (PSC) detentions.

3. Application

3.1  This Bulletin is applicable to all Barbadian vessels which are detained by a PSC Authority under the principles of the IMO Res. A.1185(33) and the ILO Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention or under the national laws of a State (administrative or preventative detentions).
3.2 For the purposes of this Bulletin, flag State detentions have the same effect as PSC detentions.

4. Introduction

4.1 Companies operating Barbadian vessels benefit from Barbados ranked as white list in the Paris MoU and as a qualified flag of the United States Coast Guard Qualship21 program.
4.2  The BMSR is committed to retain this high ranking and to ensuring that all Barbadian vessels are always fully compliant with international Convention requirements and national regulations at all times.
4.3 The BMSR fully supports the objectives of the PSC process in eliminating sub-standard vessels, when applied in a fair and equitable manner.
4.4 PSC inspections are carried out according to:
.1 International Maritime Organization (IMO) Assembly Res. A.1185(33);
.2 ILO Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention;
.3 Regional PSC regime instructions to PSC Officers (PSCOs).
4.5 A PSC detention is an action taken by a port State to prevent a substandard vessel proceeding to sea. In general, a vessel is regarded as substandard if the hull, machinery, equipment or operational safety and the protection of the environment is substantially below the standards required by the relevant international Conventions or if the crew complement is not in accordance with the Safe Manning Document, owing to, inter alia:
     .1 the absence of principal equipment or arrangements required by the Conventions;
     .2 non-compliance of equipment or arrangements with relevant specifications of the Conventions;
     .3 substantial deterioration of the vessel or its equipment;
     .4 insufficiency of operational proficiency, or unfamiliarity with essential operational procedures by the crew; and
     .5 insufficiency of manning or insufficiency of certification of seafarers.

4.6 If these evident factors as a whole or individually pose a danger to the vessel or persons on board or present an unreasonable threat of harm to the marine environment if it were allowed to proceed to sea, it should be regarded as a substandard vessel.
4.7 In taking a decision concerning the rectification of a deficiency or detention of a vessel, a PSCO takes into consideration the results of a more detailed inspection and the “Guidelines for the detention of ships” of Appendix 2 of Res. A.1185(33), which shall not be considered exhaustive but as examples of relevant detainable deficiencies.

5. PSC Detention – Notification

5.1 The Company is required to immediately notify the following parties of any detention of a Barbadian vessel :
     .1 the BMSR Operations Department ops@barbadosmaritime.com; and
     .2 the Classification Society that issued the Certificate of Class; and
     .3 the Recognised Organisation (RO) (i.e., Classification Society) that issued the statutory certificate(s); and
     .4 the RO that issued the ISM Code Document of Compliance (DOC) and Safety Management Certificate (SMC); and
     .5 for security/ISPS Code related detentions, the Recognised Security Organisation (RSO) that issued the International Ship Security Certificate (ISSC).
5.2 The Company is also required to arrange attendance of RO/Class surveyor(s) to assist in clearing the deficiencies.
5.3 The following documents are to be provided to the BMSR at the earliest opportunity, where available:
     .1 A copy of the PSC Report (Form A and B);
     .2 A copy of the Detention Notice;
     .3 Confirmation of notification to the parties listed in Section 5.1 above, as applicable;
     .4 Description of actions taken or planned to rectify all deficiencies at the earliest opportunity.
5.4 Good communications are essential to enable prompt resolution of matters related to a PSC detention. It is important that the BMSR receives the initial report promptly so that an assessment of the detention can be made. Subsequent action in Section 6 below may be modified according to the result of BMSR’s review of the initial report, particularly in cases where the detention may not be justified in the opinion of the BMSR.

6. PSC Detention – Follow Up

6.1 The Company is required to perform a Root Cause Analysis (RCA) within 30 days of the date of detention, unless otherwise agreed with the BMSR, and take the appropriate corrective and preventative actions to reduce the possibility of similar deficiencies arising in future.
6.2 The RCA report and details of corrective and preventative actions is to cover all deficiencies raised at the detention and should also include comments from the Master or Chief Engineer on the deficiencies, as applicable.
6.3 In addition to the requirements specified below, further Barbados “Detention Follow Up” inspection, additional ISM audits (DOC and/or SMC), ISPS audits and/or MLC inspections may be required.
6.4 The BMSR will determine the scope and extent of additional inspections, surveys or audits of shipboard and shore-based safety management systems of a Company, when a significant proportion of the Company’s fleet has been justifiably detained by PSC.
6.5  For deficiencies related to non-payment or delayed payment of wages, the Company (or MLC shipowner for the purposes of MLC, if different) shall pay all wages due and provide documentary evidence to the BMSR confirming this before the vessel is released from detention. In order to prevent any recurrence of a similar situation, the Company (or MLC shipowner, as applicable), is also required to provide documentary evidence of timely payment of wages as they become due, for a period to be specified by the BMSR after release from detention. 

7. BMSR assessment following a detention

7.1 Following notification of the detention, the BMSR will review the reports and correspondence related to the vessel’s PSC and Barbados inspection performance in the 24 months prior to the detention. The follow up requirements depend on the number of detentions of the vessel in the previous 24 months, as outlined below.
7.2 For the First detention in a 12 months period, one or more of the following may be required by the BMSR prior to departure from the port of detention:
     .1 Additional “Detention Follow Up”; and/or
     .2 Additional external ISM audit; and/or
     .3 Additional MLC inspection; and/or
     .4 Additional ISPS audit.
7.3 Depending on the number and type of deficiencies the vessel might also be placed under the BMSR Special Inspection Program (SIP), as explained in Section 7 of Bulletin 004.
7.4 It should be noted that PSC authorities might also request an additional external ISM audit to be carryout before releasing the vessel from detention. The BMSR cannot waive this requirement.
7.5 If the detention occurs within the survey window for a related annual survey, the survey should be completed prior to the vessel sailing.
7.6 If the detention occurs within the survey window for a related renewal, periodical or intermediate survey, that survey should be conducted to the extent possible, except for Safety Equipment, Safety Radio and IOPP, which must be completed. Where a survey is incomplete, a schedule for completion of surveys at the next convenient port must be set by the RO and may not be delayed until the end of the window.
7.7 If the detention does not occur within any related survey window, the RO surveyor, after clearing the deficiencies, will carry out a general examination of the vessel and may decide, using his or her professional judgement, whether an additional survey is necessary. The extent of the additional survey will be at least to the extent of annual survey.
7.8 In some cases, where the PSC detention is a result of many serious deficiencies, the BMSR might also decide to reconsider the vessel’s registration and delete the vessel from the register. 
7.9 For the Second detention in a 12 months period the vessel will be specially examined to assess whether it remains acceptable for continued registration with the BMSR . This may lead to owners being asked to find an alternative register or deletion of the vessel from the Barbados register.
7.10 Should the BMSR decide to retain the vessel on the register, the vessel shall be subject to the actions as per above sections with the addition of an additional ISM DOC audit of the Company and to the extent of annual audit not later than 30 days from the date of the detention.

 

8. PSC Detentions – Disputes

8.1 When the Master or the Company feels that a detention is not justified, there are several ways to challenge a PSC detention.
8.2 The first step is to discuss the issue, in a professional manner, directly with the PSCO and contact the BMSR to seek advice on potentially avoiding the detention.
8.3 Since detention of a vessel is a serious matter involving many issues, it may be in the best interest of the PSCO to consider cooperating with the Company, the BMSR and/or the RO responsible for issuing the relevant certificates.
8.4 Without limiting the PSCO’s discretion in any way, the involvement of the BMSR, Company and RO could result in a safer vessel, avoid subsequent arguments relating to the circumstances of the detention, and prove advantageous in the case of litigation involving “undue delay”.
8.5 Furthermore, serious deficiencies could be dealt by the PSCO with “as agreed with flag or Recognised Organisation” (usually action codes 47 and 48) instead of “Detention” (action code 30).

9. National Appeal

9.1 The shipowner or operator generally has the right to appeal against a PSC detention decision to higher administrative Authority or to the Court of competent jurisdiction, according to the law in each country.
9.2 An appeal is generally made by the Company, the Owner or the Master direct to the PSC authority involved.
9.3 The links for appeal procedures are provided below:
     .1 Paris MoU Appeal Procedures;
     .2 Tokyo MoU Appeal Procedures
     .3 USA – Title 46, Code of Federal Regulations, Subpart 1.03
     .4 Mediterranean MoU Appeal Procedures
     .5 Indian Ocean MoU Appeal Procedures
     .6 Black Sea MoU Appeal Procedures
9.4 The BMSR s generally not involved in the formal appeal process but will provide, on request, a supporting statement for appeals where there are grounds to believe that the detention is not justified.
9.5 Where the PSC authority’s appeal procedure requires the appeal to be made by the flag State, the BMSR will usually appeal only where the detention is considered unjustified or inappropriate in the circumstances. In these cases, the Company will be required to provide its consent to the appeal before the appeal is lodged.
9.6 A positive outcome of a national appeal will lead to the PSC detention being deleted from the PSC regime database and, in some countries, may be used in any claim for financial compensation.
9.7 PSC authorities generally have their own national appeal procedure, which should be provided to the Master with the notice of detention.
9.8 There are time limits for the filing of an appeal and it should be noted that the time limits vary between MoUs and between PSC authorities within the same MoU.
9.9 It should be noted that if an appeal is made against a PSC detention to the Port State authority, this may exclude a subsequent review of the PSC detention by the MoU concerned.

10. Complaint

10.1 When a disagreement cannot be resolved within a reasonable time, or in cases where no appeal is made, Companies may present a complaint to the BMSR. The BMSR may then approach the PSC authority to ask it to reconsider its position.
10.2 The BMSR will proceed only in cases where the evidence supporting the complaint has sufficient merit. Companies are therefore expected to present a robust case to ensure that the complaint has the best chance of success.

11. PSC Detention Review under the MoU

11.1 In cases where an owner or operator declines to use the official national appeal procedure but still wishes to dispute a PSC detention, most of the PSC regimes still grant the opportunity for a detention review under the relevant MoU.
11.2 The BMSR is not directly involved in the review process but should be made aware of the Company’s intention to request a review. The BMSR will review the PSC report and will provide guidance and advice on how to prepare the request. The BMSR will also provide a supporting statement to explain why the detention is deemed not valid or justified.

11.3 The request for review may be made to the MoU secretariat and to the relevant MoU Review Panel (where established; not all MoUs have a detention review panel).
11.4 The review panel considers the facts of the case and delivers an opinion which may lead to the Port State reconsidering its decision, however it should be noted that the Port State is under no obligation to reconsider.
11.5 The opinion of the Review Panel is not binding on the Port State and cannot be used in any claim for financial compensation.

12. Code of Good Practice for PSCOs

12.1 The Code of Good Practice for Port State Control Officers is available as IMO Circular MSC-MEPC.4/Circ.2 and is also available as Appendix 1 to IMO Assembly Res. A.1185(33);

13. Queries

13.1 Any queries on this Bulletin may be submitted to ops@barbadosmaritime.com.

Revision History

Revision No Description Of Revision
1.0 First issue – Superseded old information bulletins 270, 346 and 289.

1.1

 Sec. 4.1 corrected “Quarship” with “Qualship”, Sec. 4.2 added “always”, Sec. 4.7 corrected “Detainable” with “detainable”, Sec. 6.3 corrected “Babrados” with “Barbados” and “Folllow” with “Follow”, Sec. 7.2.1 corrected “Folllow” with “Follow” Sec. 6.5 corrected “the same situation reoccurring” with “ any recurrence of a similar situation”, Sec. 7.4 corrected “requst” with “request” and “ vessle” with “vessel” , Sec. 7.9 corrected “egister” with “register”, Sec. 7.10 corrected “in” with “on”, “sections above” with “above sections”, “to” with “of”, Sec. 9.3 corrected all the hyperlinks, Sec. 11.1 corrected “udner” with “under”, added new sec 7.8.
1.2 Amended Sec. 1.a), 3.1, 4.4.1,4.7 and 12.1 with reference to the new IMO Resolution A.1185(33).
   
   
   
   

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3rd October 2023 0
Bulletins

Bulletin 281 : Fuel Oil Consumption Data Rev.1.0

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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

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19th August 2023 0
Bulletins

Bulletin 229 : Yacht Manning Scales Rev.1.0

 

To all Yacht owners, managers, operators

Manning Scales for Commercial Yachts over 24m Load Line Length and under 3000 GRT

COMMERCIAL YACHTS UNDER 500 GRT

Miles from a Safe HavenPersonnel>24m <200 GRT200 - 500 GRT
Up to 60Master(1) YM Offshore(1) Master (Y)
Chief Officer(1) Coastal Skipper
OOW Nav.
Ch. Engineer(1) AEC(2) ch. Eng. (Y4)
2nd Engineer
Asst. Engineer(1) AEC
Yacht Rating(1)(2)
Miles from a Safe HavenPersonnel>24m <200 GRT200 - 500 GRT
Up to 150Master(1) YM Offshore(1) Master (Y)
Chief Officer(1) Coastal Skipper(1) YM Offshore
OOW Nav.
Ch. Engineer(1) MEOL (Y)(2) ch. Eng. (Y3)
2nd Engineer
Asst. Engineer
Yacht Rating(1)(2)
Miles from a Safe HavenPersonnel>24m <200 GRT200 - 500 GRT
Over 150Master(1) YM Ocean(1) Master (Y)
Chief Officer(1) YM Offshore(1) OOW (Y)
OOW Nav.(1) YM Offshore
Ch. Engineer(1) Ch. Eng (Y4)(2) ch. Eng. (Y3)
2nd Engineer(2) ch. Eng. (Y4)
Asst. Engineer(1) AEC
Yacht Rating(2)(2)

Any change to the minimum numbers and/or minimum qualifications shown above must be submitted to Barbados Ships’ Registry for consideration and approval.

A deck officer with an AEC or MEOL qualification will be accepted for the engineering post requiring that qualification providing he is not the Master and minimum safe manning numbers are maintained.

For Yachts under 500 GRT of 3000kW, the requirements for engineers will be as shown above provided there is a simple engine room layout and engine configuration. Where engine power is over 3000 kW and engine room layout and engine configuration are complicated, these requirements may be re-assessed by BMSR.

Manning Scales for Commercial Yachts over 24m Load Line Length and under 3000 GRT

Miles from a Safe HavenPersonnel500 — 3000 GRT
<3000 kW
500 - 3000 GRT
3000 kW to
<6000 kW		500 - 3000 GRT
6000kW to <9000kW
Up to 60Master(1) Master (Y)(1) Master (Y)(1) Master (Y)
Chief Officer(1) OOW (Y)(1) OOW (Y)(1) OOW (Y)
OOW Nav.
Ch. Engineer(1) Ch. Eng (Y3)(1) ch. Eng. (Y2)(1) ch. Eng. (Y1)
2nd Engineer
Asst. Engineer(1) MEOL (Y)(1) MEOL (Y)(1) MEOL (Y)
Yacht Rating(2)(2)(2)
Miles from a Safe HavenPersonnel500 — 3000 GRT
<3000 kW
500 - 3000 GRT
3000 kW to
<6000 kW		500 - 3000 GRT
6000kW to <9000kW
Up to 150Master(1) Master (Y)(1) Master (Y)(1) Master (Y)
Chief Officer(1) Chief Mate (Y)(1) Chief Mate (Y)(1) Chief Mate (Y)
OOW Nav.
Ch. Engineer(1) Ch. Eng (Y2)(1) Ch. Eng. (Y2)(1) Ch. Eng. (Y1)
2nd Engineer(1) Ch. Eng (Y3)(1) Ch. Eng (Y3)(1) Ch. Eng (Y2)
Asst. Engineer
Yacht Rating(2)(2)(2)

COMMERCIAL YACHTS OVER 500 GRT

Miles from a Safe HavenPersonnel500 — 3000 GRT
<3000 kW
500 - 3000 GRT
3000 kW to
<6000 kW		500 - 3000 GRT
6000kW to <9000kW
Over 150Master(1) Master (Y)(1) Master (Y)(1) Master (Y)
Chief Officer(1) Chief Mate (Y)(1) Chief Mate (Y)(1) Chief Mate (Y)
OOW Nav.(1) OOW (Y)(1) OOW (Y)(1) OOW (Y)
Ch. Engineer(1) Ch. Eng (Y2)(1) Ch. Eng. (Y1)(1) Ch. Eng. (Y1)
2nd Engineer(1) Ch. Eng (Y3)(1) Ch. Eng (Y3)(1) Ch. Eng (Y1)
Asst. Engineer
Yacht Rating(2)(2)(2)

Any change to the minimum numbers and/or minimum qualifications shown above must be submitted to Barbados Ships’ Registry for consideration and approval.

All officers holding recognised STCW certificates of competency may apply to Barbados Ships’ Registry for issue of a Barbados Endorsement.

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19th August 2023 0
Bulletins

Bulletin 345: Port State Control – MARPOL Annex VI – Fuel Oil Sampling Rev.1.0

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Application: All shipowner/operators, masters and officers of merchant ships and authorised classification societies

Introduction

The IMO global sulphur cap requirements entered into force on 1st January 2020. Refer to Barbados Maritime Ship Registry Bulletin 316, “Fuel Oil Sulphur Cap”, which describes the applicable regulatory requirements. PSC inspections are carried out in accordance with the 2019 guidelines for PSC under MARPOL Annex VI (MEPC 74/18/Add.1, Annex 15) to establish whether a ship complies, PSC inspectors are likely to focus their attention on documents and procedures maintained on board. In certain jurisdictions however, PSC inspectors may carry portable sulphur testing kits and if the results of these tests are inconclusive or indicate potential non-compliance, additional sampling will take place for verification ashore. Questions have arisen in conjunction with these sampling tests and the purpose of this bulletin is to provide additional guidance.

Bunker Delivery Notes (BDNs) and MARPOL Samples

Details of fuel delivered on board for combustion purposes shall be recorded by means of a suppliers Bunker Delivery Note (BDN). The BDN shall be accompanied by a representative sample of the fuel delivered (the MARPOL Sample). Refer to Part 1 in MEPC.1/Circ.882, “MARPOL Delivered Fuel Oil Sample”. Acceptance criteria for the MARPOL sample are given in Appendix VI, Table 1 “Summary of Part 1, MARPOL Delivered Fuel Oil Sample Procedure”. On completion of bunker delivery, the MARPOL sample is to be sealed and signed by the supplier’s representative and the Master or senior officer in charge of the bunker operation and kept onboard until the fuel has been substantially consumed, but for a period of not less than twelve months from the date of delivery. BDNs and associated samples should be easily identifiable, filed properly and retained on board for at least three years after the fuel has been received.

Additional Sampling of Fuel Oil

In addition to the official MARPOL sample, commercial samples may also be taken. New sample categories of “in-use” and “onboard” samples have been introduced to allow competent authorities of parties to MARPOL to determine whether the fuel oil used onboard meets the sulphur content limits specified in Regulation 14.1 or 14.4.

PSC Fuel Sampling

The PSCO will normally investigate whether a ship carries compliant fuel oils, based on the documents listed in paragraph 2.1.2 of the 2019 PSC Guidelines. Additionally, records required to demonstrate compliance may also be viewed. However, results from remote sensing could be used to trigger inspections and portable devices could be used during the initial inspections. Remote sensing and portable devices are however, of indicative nature and should not be regarded as the evidence of non compliance but may be considered clear grounds for expanding the inspection.

When the PSCO identifies clear grounds of suspected non-compliance based on initial inspections, they may require samples of fuel oils to be analysed. The samples to be analysed may be either the representative samples provided with the BDN in accordance with regulation 18.8.2, (MARPOL delivered samples), or samples from designated sampling points in accordance with the 2019 Guidelines for on board sampling for the verification of the sulphur content of the fuel oil used on board ships (MEPC.1/Circ.864/Rev.1 – in-use fuel oil samples, or other samples obtained by the port State). There are two locations where fuel sampling might be required by the PSCO:

  1. downstream of the fuel oil service tank
  2. the storage tanks, “in use” and “on-board” respectively.

In detecting suspected non-compliance, the sample analysis should be conducted in a uniform and reliable manner. The verification procedure for MARPOL delivered samples should be in accordance with appendix VI of MARPOL Annex VI. For the “in-use” and “onboard” samples, the sample should be deemed to meet the requirements, provided the test result from the laboratory does not exceed the specification limit +0.59R (where R is the reproducibility of the test method) and no further testing is necessary. Refer to MEPC.1/Circ.882, Annex, table 2, summary of in-use or onboard FO sample procedures.

In accordance with ISO 4259-2: 2017, and allowing for a 95% confidence limit, the maximum amount of sulphur allowed in these samples is 0.11% m/m for ECA fuel and 0.53% m/m for global fuel. In situations where the commercial samples taken during bunkering, indicate a higher sulphur content than noted on the BDN, then the flag administration and PSC at destination need to be notified in writing without delay. (Note that the ship will have likely sailed by the time these test results are known). In the event of any further investigation by PSC, the Representative Sample (MARPOL sample) will be used by PSC for further verification procedures and the ship may be ordered to de-bunker the fuel at the next port.

If a non-compliance is established, consistent with regulation 18.2.3, the port State may prevent the ship from sailing until the ship takes any suitable measures to achieve compliance which may include de bunkering all non-compliant fuel oil. In addition, the port State should report the information of the ship using or carrying for use non-compliant fuel oil to the Administration of the ship and inform the Party or non-Party under whose jurisdiction a bunker delivery note was issued of cases of delivery of non compliant fuel oil, giving all relevant information.

Additional documentation and procedural requirements during PSC Inspections

The following documents and information should also be available during PSC inspections.

  • International Air Pollution Prevention Certificate (IAPPC)
  • Written procedures for fuel change-over
  • Shipboard Implementation Plan
  • Tank plans and piping diagrams
  • Fuel Oil Non-Availability Report FONAR
  • Voyage records: ECDIS and navigation charts
  • Oil Record Book Part I – all entries for internal fuel transfers, bunkering, retention, disposal should be entered appropriately and signed
  • Engine logbooks
  • Tank sounding records.
  • Equivalent arrangements or alternate fuel.
  • IAPPC and Supplement

References

1. MEPC.1/Circ.882 Early Application of the Verification Procedures for a MARPOL Annex VI Fuel Oil1. Sample (Regulation 18.8.2 or Regulation 14.8).
2. Resolution MEPC.320(74), 2019 Guidelines for Consistent Implementation of the 0.5% Sulphur Limit2. Under MARPOL Annex VI.
3. MEPC 74/18/Add.1, Annex 15, Resolution MEPC.321(74) 2019 Guidelines for Port State Control Under3. MARPOL Annex VI, Cha

BMSR 16/06/2021

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19th August 2023 0
Bulletins

Bulletin 343: Amendments to DMLC part II Rev.1.0

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Application:

All ship-owners, operators, Masters and Officers of merchant ships and authorized Classification Societies, Barbados Registrars and Nautical Inspectors.

This bulletin should be read in conjunction with our bulletin numbers 303 and 338.

The DMLC certificate consists of two parts: DMLC-Part I and DMLC-Part II. Once the DMLC Part I is issued, the company shall complete the Declaration of Maritime Labour Compliance Part II (DMLC-Part II), indicating the actions taken to ensure permanent compliance with the national requirements during the periods between inspections, as well as the measures proposed for guaranteeing continuous improvement of the aspects subject to inspection.

Subsequent amendments made to the DMLC Part II including revised or additional documents and procedures mentioned in DMLC Part II, have proven it necessary to clarify the validity of the MLC certificate after such amendments.

Amendments to the DMLC-Part II do not require submission to the Barbados Maritime Ship Registry, however these changes shall be recorded on a revision sheet. The revision sheet shall be kept onboard together with the current DMLC Part II and a copy attached to the request for mandatory periodical MLC inspections.

BMSR 24/05/2021

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19th August 2023 0
Bulletins

Bulletin 341: MLCDMLC Change of Policy Rev.1.0

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Application: All ship-owners, operators, masters and officers of merchant ships, authorised Classification Societies and Nautical Inspectors.

Barbados Flag has previously allowed Barbados approved inspectors to authorise DMLC Part II documents on our behalf.

In view of feedback from clients and other factors, it has been decided that Barbados approved inspectors may no longer perform this work and that it must be left solely to Class in future.

Ship-owners and operators should note this change particularly as they will no longer be able to ask Barbados approved inspectors to authorize MLC or countersign the DMLC Part II.

BMSR 21/01/2021

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19th August 2023 0