IMO COMPREHENSIVE REVIEW OF THE STCW CONVENTION AND THE STCW CODE. Chapter VIII of the STCW Code. Fitness for duty

Transcription

1 INTERNATIONAL MARITIME ORGANIZATION E IMO SUB-COMMITTEE ON STANDARDS OF TRAINING AND WATCHKEEPING 41st session Agenda item 7.8 STW 41/7/50 6 November 2009 Original: ENGLISH COMPREHENSIVE REVIEW OF THE STCW CONVENTION AND THE STCW CODE Chapter VIII of the STCW Code Fitness for duty Submitted by Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, the United Kingdom and the European Commission Executive summary: Strategic direction: 5 High-level action: 5.2 Planned output: Action to be taken: Paragraph 15 SUMMARY This document provides clarification regarding the proposal in document STW/ISWG 1/7/5 concerning exceptions to hours of rest and puts forward relevant amendments for sections A-VIII/1 and B-VIII/1 Related documents: STW 38/17, annex 11; STW 39/7/9; STW 40/14/Add.1; STW/ISWG 1/7/5 and STW 41/7/8 Background 1 The second ad hoc intersessional meeting of the STW Working Group on the comprehensive review of the STCW Convention and Code (ISWG 2), which was held from 7 to 11 September 2009, considered the preliminary revised draft text for section A-VIII/1 regarding fitness for duty of seafarers and in particular the paragraph providing for potential exceptions to the limits of hours of rest, as well as the possibility for the granting of compensatory leave. 2 This provision had been put forward by the co-sponsors of this submission for consideration at the first ad hoc intersessional meeting of the STW Working Group in September 2008 and remained in square brackets ever since for further consideration. For reasons of economy, this document is printed in a limited number. Delegates are kindly asked to bring their copies to meetings and not to request additional copies.

2 STW 41/7/ During the deliberations at ISWG 2, some Parties raised concerns as regards, in particular, the circumstances under which exceptions to the limits of hours of rest would be applied, the meaning of the terms short voyages, the potential safeguards and the references to other relevant Conventions. After an in-depth discussion, the Group agreed to further retain the relevant paragraph in square brackets, as presented in document STW 41/7/8, (draft amended text for chapter VIII) for further consideration by the Sub-Committee. 4 Therefore, the Group invited the co-sponsors to submit a revised text to clarify the circumstances under which these exceptions would be applied, the terms short sea voyages and the necessary safeguards that could be introduced as regards the exceptions, for discussion at the forty-first session of the Sub-Committee on Standards of Training and Watchkeeping (STW 41). Clarification 5 Mindful of the comments made by delegations at previous sessions, the co-sponsors wish to underline, first and foremost that it is not the intention to downscale the existing standards, but rather to ensure consistency in international legislation dealing with the same issues. In this respect, the co-sponsors wish to draw attention to the fact that the Sub-Committee has already agreed to incorporate in section A-VIII/1 several provisions to this effect. Only one provision has not yet been agreed upon, as explained in paragraph 2, and that is the draft paragraph 9. 6 Considering the above and bearing in mind the concerns raised by some Parties during the deliberations at ISWG 2, as regards, in particular, the possibility to apply exceptions to the minimum limits of hours of rest, the co-sponsors reviewed document STW/ISWG 1/7/5 in conjunction with document STW 41/7/8 to address these concerns and provide the requested clarification. 7 With respect to the circumstances under which exceptions to the limits of hours of rest would be applied, the co-sponsors wish to underline that the circumstances covered under paragraphs 4 and 8 of the preliminary text (as in STW 41/7/8) differ from those covered by the proposed paragraph 9. While paragraphs 4 and 8 address the responsibility to the master of a ship, in cases such as emergencies, to deviate from the requirements, paragraph 9 allows Parties to apply exceptions to the same requirements, which are not related to the same situations and stipulate in general under which conditions such exceptions may be applied. In this respect, the co-sponsors elaborated specific guidance for part B of the Code specifying the origin of the relevant provisions in section A-VIII/1 of the Code and explaining how these should be defined. This should also accommodate some views expressed during the discussion at ISWG 2 to prevent any differing standards. 8 As regards queries raised concerning the meaning of short sea voyages, the co-sponsors consider that the text in section A-VIII/1, which includes the phrase short voyages, could be deleted and replaced by text as referred to in paragraph 10 below and in annex 1. This, and the fact that the term short sea voyages is already used in section B-VIII/1, the application of which has not raised any concerns until now, would imply that a definition of the term is superfluous. 9 The co-sponsors consider it important to maintain the possibility for exceptions as currently stipulated in paragraph 9. However, it is essential to insert safeguards in this paragraph in order to define and limit its application. The co-sponsors are of the opinion that such safeguards should not only comprise the weekly minimum limit, but also a daily minimum amount of hours of rest. In addition, the co-sponsors also see the need to include a new paragraph 9bis, which further explains how exceptions under paragraph 9 should be applied.

3 - 3 - STW 41/7/50 10 Moreover, the co-sponsors believe it is appropriate that the text on more frequent/longer leave periods and compensatory leave is replaced by a specific reference to provisions of section B-VIII/1 relating to prevention of fatigue. 11 Finally, in order to meet the concerns raised during the deliberations at ISWG 2 and in the spirit of compromise, the co-sponsors consider it appropriate that the reference to other relevant international conventions is deleted. In this respect, they also propose further guidance regarding the application of paragraph 9 to be included in a new paragraph 5bis in section B-VIII/1. Proposals 12 In view of the above, the co-sponsors put forward proposals for amendments to section A-VIII/1, as set out in annex 1, as well as to the related section B-VIII/1, as set out in annex With the aim to prevent excessive hours of work when exceptions are applied, the co-sponsors suggest that a reference to the provisions set out in section B-VIII/1, paragraph 3 of the Code regarding prevention of fatigue is inserted in the text. 14 As regards amendments to section B-VIII/1, the co-sponsors propose guidance to clarify the circumstances of the exceptions mentioned in paragraph 9. Action requested of the Sub-Committee 15 The Sub-Committee is invited to consider the above clarification and proposals when reviewing sections A-VIII/1 and B-VIII/1 of the Code and take action as appropriate. ***

4

5 STW 41/7/50 ANNEX 1 PROPOSED AMENDMENTS TO CHAPTER VIII OF THE STCW CODE PART A Guidance regarding provisions of the annex to the STCW Convention Chapter VIII Standards regarding watchkeeping Notes: 1) The preliminary text of revised draft chapter VIII has been used as the reference text. 2) Proposed text is shown as shaded, underlined and deleted text as shaded, strikethrough. Proposed section A-VIII/1 Fitness for duty The following new paragraph should be added after paragraph 9: 9bis Such exceptions shall, as far as possible, follow the standards set out, while taking into account the guidance regarding prevention of fatigue laid down in section B-VIII/1. ***

6

7 STW 41/7/50 ANNEX 2 PROPOSED AMENDMENTS TO CHAPTER VIII OF THE STCW CODE PART B Guidance regarding provisions of the annex to the STCW Convention Chapter VIII Guidance regarding watchkeeping Notes: 1) The preliminary text of revised draft chapter VIII has been used as the reference text. 2) Proposed text is shown as shaded, underlined and deleted text as shaded, strikethrough. Section B-VIII/1 Guidance regarding fitness for duty The following new paragraph shall be inserted after paragraph 5: 5bis Exceptions provided for in section A-VIII/1, paragraph 9, should be construed to mean the exceptions laid down by the ILO Convention on Seafarers Hours of Work and the Manning of Ships, 1996 (No.180) or the Maritime Labour Convention, 2006, when it enters into force. The circumstances under which such exceptions are applied should be defined by the Parties.