Creating Low-Code Loan Applications using the Trisotech Mortgage Feature Set
Cleanthis orphanos cyprus[1]
1. Cleanthis Orphanos
Head Maritime Labour Section
Department of Merchant Shipping-Cyprus
Norwegian Centre for Maritime Medicine
4/23/2012 1
2. • Legal Implementation and Ratification
Soft – Not over & above MLC, 2006
Ratification Bill passed – Imminent
ratification of MLC, 2006
(25+1=26 Ratifications until now)
Inspection System
FSC & PSC
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3. Definition of Shipowner: Same as MLC, 2006
Technical problems when the crew employer
is not the Shipowner:
Standard A2.1.1(a): “It is the responsibility of
the Shipowner to make sure that Seafarers
have contractual or similar arrangements
providing them with decent working
conditions as required by the Convention”
3
4. Definition of Seafarer same as MLC, 2006
Incase of doubt: Resolution concerning
info on occupational groups
4
5. Ratification Law stipulates categories not considered
Seafarers
scientists, researchers, divers, specialist off-shore
technicians, etc.
harbour pilots, inspectors, surveyors, auditors,
superintendents etc.
guest entertainers, repair technicians, port workers
non-marine personnel, employed under outsourced
service agreements, the terms of which determine the
conditions under which the service provider will supply
the personnel
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6. Flag State Control
5.1.2 - Authorization of ROs
5.1.3 – Issue of MLC and DMLC
5.1.4 – Inspection and enforcement
5.1.5 – On-board complaint procedure
5.1.6 – Marine casualties Investigation
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7. Authorization of ROs
ROs Capacity – Checked (ROs submitted to DMS
MLC, 2006 inspection & certification system)
• Inspection and certification functions will be
delegated to ROs - all IACS
1. ABS 5. GL 9. PRS
2. BV 6. KR 10. RINA
3. CCS 7. LRS 11. RMRS
4. DNV 8. NK
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8. Issue of MLC and DMLC
Issue by the DMS of a DMLC Part I to about
850 ships
Preparation of the DMLC Part II and Ship by
the Shipowner
Approval of the DMLC Part II and issue of
the Maritime Labour Cert. (MLC) by ROs
8
9. • No instructions will be given by DMS for
preparation of the DMLC PART II
• ROs have prepared instructions and
check-lists to assist shipowners
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10. Inspection and Enforcement
Three (3)Marine Surveyors have been
trained at ILO Training Centre at Turin
These (3) trained in house all DMS
Surveyors who perform FSC & PSC
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11. On-board complaint procedure:
Model Format will be provided to assist
Shipping Companies but it will not be
compulsory
11
13. Port State Control:
ILOGuidelines for PSCOs carrying out
inspections under the MLC, 2006
Paris
MOU Guidance follow the ILO
Guidelines
The Paris MOU procedures and
instructions will be followed
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14. PORT STATE CONTROL
•MLC, 2006 inspections in
conjunction with SOLAS, MARPOL ,
STCW, LL etc.
•On-ShoreComplaint Handling
Procedures have been established
14
15. Seafarer Recruitment & Placement
Agencies:
There are no in Cyprus
Nevertheless there is a legal Framework
in case of future establishment
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16. Reg. 2.5: Repatriation
Reg. 2.6: Seafarer compensation for the
ship’s loss or foundering
Reg. 4.2: Shipowners' liability
Generally covered by P&I Clubs but will need
either to be widened or Shipowners will
need to obtain separate insurances
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17. IG PANDI is currently exploring the
possibility of a group solution and one of
the proposals is that a shipowner obtains
a ‘Certificate of Financial Responsibility’
(COFR), backed by commercial insurers,
which would provide specific cover for
these new liabilities as an extension to
their P&I cover.
17
18. Some P&I Clubs provide in their Rules, that
even if a Member (Shipowner) has not paid
its calls, the Club will pay damages or
compensation for personal injury, illness or
death of a seaman directly to the seaman
A P&I Club “Certificate of Entry” is deemed
to satisfy this requirement by Cyprus and
other Flag States
(Even if it does not cover all provisions)
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19. Cyprus recognises Medical Certificates
issued by Countries which are on the
IMO’s STCW White List
19
20. According to the STCW Manila
Amendments (came into force on 1st
Jan., 2012) the procedures for the issue
of Medical Certificates will be added to
the Quality System for the issue of
STCW CoC. Therefore, a Procedure for
Audit of Medical Examiners will have to
be included in the Quality System
20
21. • Member State
Department of Merchant Shipping
• Shipowners Organizations
Cyprus Shipping Chamber (CSC)
Cyprus Union of Shipowners (CUS)
• Seafarers
SEK trade Union (SEK) (Affiliated with ITF)
Pancyprian Federation of Labour (PEO)
21
23. It shall be used for:
1. Asking questions regarding the
implementation of the Convention
2. Submission of Applications for the issue
of the DMLC Part I
3. Requests for information from PSC
Authorities
4. Reporting Seafarers complaints serving
on Cyprus Flagged ships
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24. The shipowner shall submit to the DMS/MLC,
2006 Contact Point electronically (E-Mail:
mlc@dms.mcw.gov.cy) an application
“Application for the issue of a DMLC”
properly completed and pay the required fee
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25. The DMS based on the information
submitted by the shipowner, will issue
the DMLC Part I for the ship, duly
completed
Part II will have to be completed by the
shipowner.
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26. The shipowner shall prepare the DMLC
Part II and request an authorized RO to
approve it, inspect the ship and then
issue the MLC.
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27. Standard Medical Certificate
Seafarer’s Book (Record of Employment)
Seafarer Employment Agreement (SEA)
CBA (IF ANY)
Copy of National Repatriation Provisions
Standardized Table of Shipboard Working
Arrangements
Standardized Table of Daily Hrs of Work/Rest
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28. Safe Manning Document (Circ. 16/2002)
Standard Medical Report Form for Seafarers
Doc. for On-Board Complaint Procedures
Report Form for Personal Injury or Loss of Life
Risk Assessment Form (Circ. 20/2005)
P&I Club “Certificate of Entry”
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29. A copy of the MLC, 2006
A copy of the Cyprus Code of Safe Working
Practices (Circ. 20/2005)
A copy of the ILO publication Accident
Prevention at Sea and in Port
A copy of the ILO publication Ambient Factors
in the Workplace
International Medical Guide for Ships, 3rd
Edition (WHO)
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30. Medical First Aid Guide for use in Accidents
Involving Dangerous Goods (MFAG),
2004 Edition (IMO) / (IMO/WHO/ILO) (Ships
that carry or might carry Dang. Goods
International Code of Signals, 2005 Edition
(IMO)
IAMSAR Manual Vol.3, 2010 Edition
Cyprus Laws implementing the MLC, 2006
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