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					                                                                                           Annex J(b)


                     DRAFT EXPLANATORY MEMORANDUM TO

     THE MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) (CREW
                ACCOMMODATION) REGULATIONS 20**

                                      [Year] No. [XXXX]


1.    This explanatory memorandum has been prepared by the Department for Transport and is
      laid before Parliament by Command of Her Majesty.

2.    Purpose of the instrument

      2.1      This is one of a series of instruments designed to bring UK law into line with the
      Maritime Labour Convention 2006 (“MLC”), an International Labour Organization
      (“ILO”) treaty concerning seafarer employment on merchant shipping. The UK intends to
      ratify the Convention.

      2.2     This instrument requires seafarers to be provided with decent accommodation and
      recreational facilities onboard merchant ships. Certain detailed requirements are set out in
      an associated Merchant Shipping Notice (MSN) issued by the Maritime and Coastguard
      Agency (“MCA”) under the instrument.

3.    Matters of special interest to the Joint Committee on Statutory Instruments or the
      Select Committee on Statutory Instruments

      3.1    None.

4.    Legislative Context

      4.1     If the UK ratifies the MLC, it will be subject to a legal obligation to ensure its
      laws meet the requirements of the Convention. This instrument contributes towards
      achieving this objective. Further, as a matter of European Law, Directive 2009/13/EC
      gives legal force to a Social Partners Agreement concerning the Convention. This
      instrument further contributes towards discharging the UK’s obligations under that
      Directive.

      4.2      The MLC is a consolidation with amendments of various ILO Conventions, many
      of which the UK has ratified and is already bound by. Existing ILO Conventions relevant
      to this instrument are Conventions 92 and 133 on Accommodation of Crews, which the
      UK has ratified.

      4.3    Currently, the crew accommodation aspect of ships is subject to the regulatory
      regime in force when the ship was built, ie., the Merchant Shipping (Crew
      Accommodation) Regulations 1997 (as amended) or the Merchant Shipping (Crew
      Accommodation) Regulations 1978 if before 11 July 1997, unless the crew
                                                                                         Annex J(b)


     accommodation has been modified since that regime, when it is subject to the regime at
     the date of the modification, but only to the extent of the modification. In the same way,
     only ships built after the new Regulations come into force will automatically be subject to
     them, but aspects of crew accommodation on older ships which are modified after the
     Regulations come into force will also need to comply with the new standards.

     4.4    The instrument is made partly under section 2(2) of the European Communities
     Act 1972. Further to the European Communities (Definition of Treaties) (Maritime
     Labour Convention) Order 2009 (S.I. 2009/1757), the Convention is regarded as one of
     the Community Treaties within the meaning of section 1(2) of that Act.

     4.5     The MLC was presented to Parliament in a White Paper (Cmd. 7049). At present
     the Convention is not in force internationally, but it is anticipated that it will come into
     force in the first half of 2013. The Government does not intend to bring the instrument
     into force until the Convention is in force internationally.

     4.6      A transposition note is attached.

5.   Territorial Extent and Application

     5.1      This instrument applies to all of the United Kingdom.

     5.2    This instrument applies to relevant United Kingdom ships, wherever they are. It
     also applies to certain relevant non-United Kingdom ships when they are in a United
     Kingdom port or United Kingdom waters.

6.   European Convention on Human Rights

     As the instrument is subject to negative resolution procedure and does not amend primary
     legislation, no statement is required.

7.   Policy background

          What is being done and why

     7.1    The instrument is designed to ensure that UK law is in line with the MLC, with a
     view to discharging obligations mentioned in paragraph 4.1 above.

     7.2    The main changes brought about by this instrument are the increase in the spatial
     minima of certain crew accommodation areas, in particular, but not exclusively, the
     sleeping areas.

          Consolidation

     7.2   As regards the ILO, the MLC consolidated over 60 ILO instruments into a single
     Convention. As regards UK law, these regulations simplify existing legislation, and
                                                                                        Annex J(b)


      transfer a lot of the mandatory detail to a Merchant Shipping Notice (MSN), which is
      more easily and quickly adjustable in the event that future changes are necessary.

8.    Consultation outcome

      8.1     [Formal public consultation on the Regulations has yet to be undertaken.
      However, the MLC, like all ILO instruments, was developed on a tripartite basis, and the
      MCA is working closely with seafarer and shipowner representatives on its
      implementation for the UK. The proposals have been subject to preliminary discussion
      with stakeholders ahead of public consultation and have their broad support in principle. ]

9.    Guidance

      9.1     The MCA will publish a Merchant Shipping Notice (MSN) to supplement the new
      regulations, including providing detail, and a Marine Guidance Note (MGN) to explain
      the impact of the new regulations. These will form part of the consultation package.

10.   Impact

      10.1 The impact on business, charities or voluntary bodies is outlined in the Impact
      Assessment, but the additional burden imposed is considered insignificant in comparison
      with the implications of non-implementation or incomplete implementation of the MLC.

      10.2 The impact on the public sector is only upon the resources to be used in inspection
      regime, which are examined in the Impact Assessment for the Merchant Shipping
      (Maritime Labour Convention) Survey and Certification Regulations.

      10.3 An Impact Assessment is attached to this memorandum and will be published
      alongside the Explanatory Memorandum on www.legislation.gov.uk.

11.   Regulating small business

      11.1 The legislation applies to small businesses. However, the majority of small
      businesses tend to operate small vessels, some of which operate under small vessel Codes
      of Practice, and which generally operate closer to shore, for which some relaxations exist
      against Convention standards. For instance, some of the spatial provisions of the
      Convention, and therefore the new regime, are tiered to take into account that less space is
      available on smaller vessels. Also the certification requirements are lighter for smaller
      vessels operating closer to shore. In addition, the Secretary of State has the power under
      the new regulations to issue exemptions and recognise equivalents, and these provide
      additional flexibility to accommodate smaller vessels.


12.   Monitoring & review
                                                                                      Annex J(b)


      12.1 The intended outcome of these Regulations is that (a) UK law complies with the
      requirements of the Convention and Directive 2009/13/EC and (b) that crew
      accommodation on ships built after the Convention comes into force internationally meet
      the minimum criteria laid down in the Convention. The latter will be measured by
      maritime labour inspections.

      12.2 At the ILO level, the ILO will conduct a review of the MLC after five years,
      taking into account the views of stakeholders.

      12.3 At the European level, the Commission is required to inform the European
      Parliament and the Council of progress in the implementation of Directive 2009/13 in the
      Member States on a biennial basis.

      12.4 At the UK level, the instrument contains a review clause which obliges the
      Secretary of State to review the instrument no more than 5 years from the date it comes
      into force, and at intervals no greater than 5 years thereafter.

13.   Contact

      Matt Giacomini at the Maritime and Coastguard Agency of the Department for Transport
      Tel: 023 8032 9538 or email: matt.giacomini@mcga.gov.uk can answer any queries
      regarding the instrument.
                                                                                                         Annex J(b)


                                       DRAFT TRANSPOSITION NOTE

Relating to the implementation of Regulation 3.1 of Annex to Council Directive 2009/13/EC (O.J. No. L124,
20.05.2009, p.30), which amends Council Directive 1999/63/EC (O.J No. L 167, 02.07.1999, p.33).

The Merchant Shipping (Maritime Labour Convention) (Crew Accommodation) Regulations 20** (in this note
referred to as “Crew Accommodation Regulations”) implement Regulation 3.1 of the Agreement between ECSA and
the ETF on the Maritime Labour Convention, 2006, annexed to Council Directive 2009/13/EC. The Regulations
apply to all seagoing vessels other than fishing vessels, pleasure vessels and offshore installations whilst on their
working stations. They replace the Merchant Shipping (Crew Accommodation) Regulations 1993.

The responsibility for implementation of Council Directive 2009/13/EC rests with the Secretary of State for
Transport, through the making of Regulations under the Merchant Shipping Act 1995 and the European
Communities Act 1972.


Maritime and Coastguard Agency
Department for Transport

October 2011
                                                                                                   Annex J(b)


Annex to Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement
concluded by the European Community Shipowners’ Associations (ECSA) and the European
Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and
amending Directive 1999/63/EC

Paragraph of Annex     Purpose of Paragraph in            Implemented in the UK by the
to Directive 2009/13   Annex                              Merchant Shipping (Maritime Labour
                                                          Convention) (Crew Accommodation)
                                                          Regulations 20** as follows:
A3.1.1                 Ships regularly trading to         Crew Accommodation Regulations and MSN
                       mosquito-infested ports shall      XXX para 26.1
                       be fitted with appropriate
                       devices as required by the
                       competent authority.
A3.1.2                 Appropriate seafarers’             Merchant Shipping (Survey and
                       recreational facilities,           Certification) Regulations 201* - subject to
                       amenities and services, as         separate consultation.
                       adapted to meet the special
                                                          Crew Accommodation Regulations and MSN
                       needs of seafarers who must
                                                          xxx paragraph 16.2
                       live and work on ships, shall
                       be provided on board for the
                       benefit of all seafarers, taking
                       into account provisions on
                       health and safety protection
                       and accident prevention.
A3.1.3                 The competent authority shall      Crew Accommodation Regulations
                       require frequent inspections to    regulation 8(3)
                       be carried out on board ships,
                       by or under the authority of
                       the master, to ensure that
                       seafarer accommodation is
                       clean, decently habitable and
                       maintained in a good state of
                       repair. The results of each
                       such inspection shall be
                       recorded and be available for
                       review.
A3.1.4                 In the case of ships where         Crew accommodation regulations and
                       there is need to take              MSN para 2.9.
                       account, without
                       discrimination, of the
                       interests of seafarers having
                       differing and distinctive
                       religious and social
                       practices, the competent
                       authority may, after
                       consultation with the
                       shipowners’ and seafarers’
                       organisations concerned,
                       permit fairly applied
                                Annex J(b)


variations in respect of this
Standard on condition that
such variations do not result
in overall facilities less
favourable than those
which would result from
the application of this
Standard.

				
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