Professional Documents
Culture Documents
OF MERCHANT SHIPPING
LEMESOS
REPUBLIC OF CYPRUS
MINISTRY OF
COMMUNICATIONS AND WORKS
IMO number
Gross tonnage
Hyundai Busan
9305659
74651
The MLC, 2006 Ratification Law of 2012 Part III Art. 20 sets
minimum age of seafarers 16 years and Part XV Art.105 sets
minimum ships cook age 18 years.
The MLC, 2006 Ratification Law of 2012 Part III Art. 19
defines night as a period of 9 consecutive hours, including the
period between midnight and 5 am.
The MLC, 2006 Ratification Law of 2012 Part III Art. 21
prohibits work that may pose in danger the health and safety
for under 18s and Art. 22 restricts night work for under 18s.
The MLC, 2006 Ratification Law of 2012 Part IV Art. 2430 sets the requirements for medical examination and
certification and requires everyone working on board to
have a recognized medical fitness certificate, valid for
no more than 2 years for all seafarers and for no more
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EN05F201
Name:
Title: ..
Signature:
Place
Date: .
(Seal or stamp of the authority, as appropriate)
Substantial equivalencies
(Note: Strike out the statement which is not applicable)
The following substantial equivalencies, as provided under Article VI, paragraphs 3 and 4, of the
Convention, except where stated above, are noted (insert description if applicable):
Exemptions
(Note: Strike out the main statement which is not applicable)
The following exemptions granted by the competent authority as provided in Title 3 of the Convention are
noted :
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a) FOM Sect 3.4.2 states that the Company shall employ seafarers who are aged
18 and above. (Ref DMS/The MLC, 2006 Ratification Law of 2012 Part III
Art. 20 & 105)
2.
Annual shipboard internal audits (FOM sect 2.5.12.1) are conducted to verify
conformance with these processes.
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f) The validity of the medical fitness certificate will comply with the flag state
requirements. The medical fitness certificate issued specifies the period,
commencing with the date of the medical examination, for which the
certificate shall remain valid, normally one year. In the event where
certification of colour vision is carried out separately, the certificate of colr
vision issued shall be valid for a maximum period of six years. The master will
check on monthly basis validity of certificates and will report the condition to
the Company; Form 4.3 will be used for reporting the validity of the medical
certificates. The provisions of DMS/The MLC, 2006 Ratification Law of 2012
Part IV Art. 29 will be complied with.
g) FOM Sect 6.2.2 states provisions so that a seafarer with an expired medical
certificate while in the service of the ship can obtain a new medical certificate
from a qualified medical practitioner at the first available opportunity within a
period not exceeding three months. The provisions of DMS/The MLC, 2006
Ratification Law of 2012 Part IV Art. 26.b will be complied with.
h) In urgent cases, a newly hired seafarer may work without a valid medical
certificate until the next port of call where the seafarer can obtain a medical
certificate from a qualified medical practitioner, provided that the period of
work without a valid certificate does not exceed three (3) months and the
seafarer concerned is in possession of a medical certificate that has expired
within the past six (6) months.
(Ref DMS/The MLC, 2006 Ratification Law of 2012 Part IV Art. 26.a)
3.
a) FOM Sect 3.4.4 / FOM Sect 1.9.2.3/ FOM Sect 2.5.6 states The Company
shall ensure that all seafarers serving onboard are competent for their position
based on appropriate education, examination, training (both in house and
external) and experience. (Ref DMS/The MLC, 2006 Ratification Law of 2012
Part V Art. 35)
b) FOM Sect 3.4.4.3 requires Seafarers working onboard have successfully
completed the trainings required by the section A-VI/1 of the Code of the
STCW Convention, as amended from time to time. The requirements are set in
Ref DMS/The MLC, 2006 Ratification Law of 2012 Part V Art. 31- 35 in
accordance with STCW 78 (as amended from time to time) for seafarers
certification.
c) FOM Sect 3.4.4 states that the expiration dates of seafarers documents is
checked monthly by the master. Documents are first examined at recruiting
agents office, then in Companys office and when signing on board to verify
that the documents are valid. Competency requirements are met or exceed
national and international requirements. Training requirements have been
established for each seafarer position. The Company uses the shipmate system,
which is an electronic database system for maintaining crew records. This
system is also used for checking the status of seafarers documents.
d) Seafarer competency requirements are communicated to the recruiting agents
who are required to fill seafarer positions with qualified personnel. All
seafarers employed by the Company are competent as required by the STCW
Convention and have successfully completed the trainings required by the
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Use of any licensed of certified or regulated private recruitment and placement service
(Regulation 1.4)
a) FOM Sect 1.9.2 - Seafarers are engaged by the Company from licensed
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a) FOM Sect 6.2.1- All seafarers shall be provided with a rest period of not less
than:
i) Daily a minimum of 10 hours of rest in any 24-hour period
ii) Weekly- 77 hours in any 7 day period
(Ref section 5(2) of the Merchant Shipping (Organization of Working Time of
Seafarers) Law)
This minimum number of hours of rest applies to all seafarers onboard. Hours
of rest means time outside hours of works and this term does not include short
breaks.
Working arrangements regarding hours of work and rest periods, meal breaks
for all seafarers are defined and posted onboard. Information regarding hours
of work and rest are in English and in the working language of the ship.
b) The hours of rest may be divided into no more than two periods, one of which
shall be atleast six hours in length, and the interval between the consecutive
periods of rest shall not exceed 14 hours.
(Ref section 5(2) of the Merchant Shipping (Organization of Working Time of
Seafarers) Law)
c) Emergency drills will be arranged in a manner that minimizes the disturbance
of rest periods and does not induce fatigue. Seafarers shall have adequate
compensatory rest period if normal period of rest is disturbed by call-outs to
work. Seafarers concerned shall have sufficient rest.
d) A table for the shipboard working arrangement is posted on board. The
table covers every position and shall contain atleast -:
i)
the schedule of service at sea and service in port; and
ii)
the minimum hours of rest.
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This table will be in English and is placed in an easily accessible place and is
based on IMO/ILO Guidelines for the Development of Tables of Seafarers
Shipboard Working Arrangements (Ref Cyprus Flag Form EN05F205).
e) Records of seafarers daily hours of rest will be in English and the working
language of the ship. Records are maintained to allow monitoring of
compliance with provisions under the above paragraphs 6.b to 6.e. The
Company has provided ISF Watchkeeper software to all vessels so that the
records can be easily maintained. Departmental heads are responsible for
ensuring that the records comply with the MLC 2006 requirements on work
and rest hours.
f) The master of a Cypriot registered vessel shall have the right to require a
seafarer to perform any hours of work necessary for the immediate safety of
the ship, person on board or cargo, or for the purpose of giving assistance to
other ships or persons in distress at sea. Accordingly, the master may suspend
the schedule of hours of rest and require a seafarer to perform any hours of
work necessary until the normal situation has been restored. As soon as
practicable after the normal situation has been restored any seafarers who have
performed work in a scheduled rest period shall be provided with an adequate
period of rest by the master.
g) Each seafarer shall be provided a copy of the rest and work records pertaining
to him which shall be endorsed by the Master and the seafarer concerned.
7.
a) FOM Sect 3.2.1 requires that the Company places sufficient number of
seafarers onboard the ship to ensure that the ship is operated safely, efficiently
and with due regard to security under all conditions. The ship is manned by
seafarers that are adequate, in terms of size and qualifications, to ensure the
safety and security of the ship and its personnel, under all operating
conditions, in accordance with the minimum safe manning certificate issued.
(Ref DMS / The MLC, 2006 Ratification Law of 2012 Part IX Art. 69-72)
b)
8.
FOM Sect 3.2.1 - The Company will ensure (through masters review, Safety
Committee meetings and rest hour records) that all vessels under its
management have a sufficient number of seafarers employed onboard to
ensure that the vessels are operated safely, efficiently and with due regard to
security under all conditions, taking into account concern regarding seafarer
fatigue and the particular nature and conditions of the voyage. The masters
review (Form 1.3B) and KPI Reporting form, management meetings are the
tools which the master will use to advise the Company requirements for
additional staff onboard based on operational requirements and the Company
will review such requests.
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b) Any Cypriot ship managed by the Company which is constructed before the
date when the Convention comes into effect in Cyprus will comply with the
requirements of ILO C92 and C133 as applicable. The vessel will carry a
Statement of Compliance or a Survey Report for Crew Accommodation to
prove compliance with Accommodation of Crews Convention (Revised),
1949(No.92), and the Accommodation of crew(Supplementary Provisions)
Convention, 1970(No.133). (Ref DMS / The MLC, 2006 Ratification Law of
2012 Part XIV Art. 99).
c) The ships master shall conduct frequent inspections, not exceeding every
seven days to ensure that seafarer onboard recreational facilities are clean and
maintained in a good state. These inspections will be recorded in the ships
official logbook. (OPS Circ O-101)
d) FOM Sect 3.4.11 - The Company gives paramount importance to ensuring the
ongoing welfare of the seafarers serving onboard our managed vessels.
Recreational equipment and material must be available onboard, the Company
contributes a fixed amount of money each month which must be credited to the
Ships Club, in order to assist with the purchase of such equipment.
10.
a)
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provided under regulated and & hygienic conditions (Ref DMS / The
MLC, 2006 Ratification Law of 2012 Part XV Art. 100-104)
The master must ensure that weekly inspections are done and recorded in the
Official Log book.
Following must be ensured -:
i) The food and drinking water supplied on board are of appropriate
quality, nutritional value, quantity and variety. The supply of food and
drinking water shall also take into account the number of seafarers on
board, their religious requirements and cultural practices as they pertain
to food and the duration and nature of the ships voyage.
ii) records(delivery notes/receipts) of all provision purchases and
inventory of food stock are maintained and recorded
iii) regular inspections at periods of not more than 7 days of food
storerooms are done. FOM Sect 6.2.5 includes inspecting the below;
- supplies of food and drinking water
- all spaces and equipment used for the storage and handling of food &
drinking water
- galley and other equipment for the preparation and service of meals;
iv) The drinking water tanks are inspected and cleaned annually. The
records are maintained onboard for the same. All the efforts are made to
maintain the quality of the drinking water onboard by the most
appropriate means.
v) expired provisions are identified, removed from potential use and
properly disposed of;
vi) Catering staff is properly trained or instructed for their positions.
11.
b)
Seafarers onboard will be provided with food free of charge during their
period of engagement onboard. (Ref DMS / The MLC, 2006 Ratification
Law of 2012 Part XV Art. 101)
c)
Form 4.3 - the ships cook will be trained , qualified and found competent by
having completed an approved training course and relevant certificates may be
granted by an approved cooks training school which will have covered
practical cookery, food and personal hygiene, food storage, stock control and
environmental protection and catering health and safety. If the ships cook
does not have a training certificate as required by the Competent Authority,
they will be in possession of an equal certificate based on the Certification of
Ships Cooks Convention , 1946(ILO Convention No.69) issued by a party to
the Convention. (Ref DMS / The MLC, 2006 Ratification Law of 2012 Part
XV Art. 106).
a) FOM Sect 1.4 states the Companys Objectives & Safety, Health &
Environment Policy
b) Risk assessments for health, safety and accident prevention is done onboard
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using Company forms (OPS CIRC O-107 , FOM Sect 6.10). Company FOM
Section 6.0 (Safe Working Practices and Procedures) provides precautions to
prevent occupational accidents, injuries and diseases, including measures to
reduce and prevent the risk of exposure to harmful levels of ambient factors
and chemicals as well as the risk of injury or disease that may arise from the
use of equipment and machinery on board. The following sections provide
guidance to seafarers in the Fleet Operation Manual :
FOM 6.2.4 Cargo Hazards to health (Chemical and liquefied cargoes)
FOM 6.2.9 Protection against noise
FOM 6.2.10 Hazards and protection against vibrations
FOM 6.2.11 Handling of Asbestos
FOM 6.3.2 Protection Equipment and Clothing
FOM 6.4.7.4 Painting
FOM 6.4.10 Precautions for working with chemicals, caustics / Acids and
detergents.
c) Safety meetings, Freeze Cards use and analysis, Safety Committee meetings,
regular training and drills including safety videos, internal audits and regular
management inspections are tools which the Company uses to ensure the
compliance with the requirements.
d)
e)
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policy and program and carry out the instructions of the master to:
- Improve the crews safety awareness
- Investigate any safety complaints bought to his or her attention and report the
same to the safety and health committee and to the individual, where necessary;
- Carry out safety inspections
- With co-operation of third officer monitor and carry out the on-board safety
training of seafarers.
Whenever possible, the safety officer should seek the co-operation and
assistance of the master and other staff in carrying out these duties.
f)
g)
The reports on occupational accidents and injuries are analyzed and based on
them the measures are taken to correct the unsafe conditions. The Company
shall report occupational accidents, injuries and diseases as required by the MI
Marine Administrator. The Company provides reporting requirement to the
vessels by updating flag circulars and requirements. FOM Section 6.11.3
requires reporting of marine casualty to appropriate authorities like flag states.
h)
i) The Companys policies and procedures are in line with Standard A4.3. The
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12.
13.
a) The ships are provided with an on-board complaint procedure (FOM Sect
3.4.34) for the fair, effective and expeditious handling of seafarers complaint
alleging breaches of the requirements of the convention. The Seafarer is
provided with the copy of the complaint procedure along with his employment
agreement and also available on board. (Ref DMS / The MLC, 2006
Ratification Law of 2012 Part II Art. 16).
b) Onboard complaint procedures seek to resolve complaints at the lowest level
possible. However, in all cases, seafarers have a right to complain directly to
the master and where they consider it necessary, to appropriate external
authorities such as Companys representative or seafarers organization (Ref
Cyprus Form EN05F208 Model format for Onboard Complaints Procedure).
The procedure to be followed has been outlined below-:
i) Any seafarer with a complaint shall have the ability to have the matter
addressed by bringing it to the attention of the proper authority on board, as
provided below.
Immediate Supervisor
Head of Department
Master
ii) Officers and/or crew members shall, within five (5) days from the date of
the alleged occurrence of the labor grievance, bring the matter to their
Immediate Supervisor, Department Head, the Master or his or her appointee,
who in the chain of command dealing with the grievance shall have a further
five (5) days each to bring about a solution to the matter, provided that this
time limit is appropriate to the seriousness of the matter.
iii) Notwithstanding the above, seafarers shall have the right to complain
directly to the Master and, where they consider it necessary, to the Company
DPA for conciliation.
iv) Seafarers shall have the right to file a complaint directly to an appropriate
external authority, such as, but not limited to:
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14.
All seafarers are briefed and provided with the on-board complaint procedure
form and contact information of DMS/CYPRUS, MLC, 2006 Contact Point
and that of the Competent Authority in the seafarers country of residence, if
the same is not Cyprus, at the time of signing the employment agreement and
copies of onboard complaint procedure are available onboard. The Master on a
confidential basis can provide seafarers with impartial advice on their
complaint and otherwise assist them in following the complaint procedures
available to them on board the ship.
a) All seafarers are to be paid for their work monthly and in full in accordance
with their Contract of Employment & Addendum, if any. (Ref DMS / The
MLC, 2006 Ratification Law of 2012 Part VIII Art. 42)
b) Seafarers are given a monthly statement of their wage account including any
appropriate deductions. The portage bill software shall be used for the
calculation of monthly wage account and will incorporate all earnings and
deductions applicable to the seafarer. If payment has been made in a currency
or at a rate different from the one to which agreed, the prevailing market rate
or official published rate of exchange used to be stated.
c)
I hereby certify that the above measures have been drawn up to ensure ongoing compliance, between
inspections, with the requirements listed in Part I.
Name of shipowner1:
Company address:
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Title:
Signature of authorised signatory:
Date
(Stamp or seal of the shipowner)1
The above measures have been reviewed by ........................................and, following inspection of the ship,
have been determined as meeting the purposes set out under Standard A5.1.3 , paragraph 10(b), regarding
measures to ensure initial and ongoing compliance with the requirements set out in Part I of this Declaration.
Name
Title:
Address:
Signature:
Place:
Date:
(Seal or stamp of the authority, as appropriate):
Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has
assumed the responsibility, has agreed to take over the duties and responsibilities imposed on ship-owners in accordance with this
Convention, regardless of whether any other organization or persons fulfill certain of the duties or responsibilities on behalf of the
shipowner. See Article II (1)(j) of the Convention.
1.
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