A. Amendments relating to Standard A2.5
In the present heading, “Standard A2.5 – Repatriation”, replace “A2.5” by
“A2.5.1”.
Following paragraph 9 of the present Standard A2.5, add the following heading and
text:
Standard A2.5.2 – Financial security
1. In implementation of Regulation 2.5, paragraph 2, this Standard establishes
requirements to ensure the provision of an expeditious and effective financial
security system to assist seafarers in the event of their abandonment.
2. For the purposes of this Standard, a seafarer shall be deemed to have been
abandoned where, in violation of the requirements of this Convention or the terms of
the seafarers’ employment agreement, the shipowner:
(a) fails to cover the cost of the seafarer’s repatriation; or
(b) has left the seafarer without the necessary maintenance and support; or
(c) has otherwise unilaterally severed their ties with the seafarer including failure
to pay contractual wages for a period of at least two months.
3. Each Member shall ensure that a financial security system meeting the requirements
of this Standard is in place for ships flying its flag. The financial security
system may be in the form of a social security scheme or insurance or a national
fund or other similar arrangements. Its form shall be determined by the Member after
consultation with the shipowners’ and seafarers’ organizations concerned.
4. The financial security system shall provide direct access, sufficient coverage and
expedited financial assistance, in accordance with this Standard, to any abandoned
seafarer on a ship flying the flag of the Member.
5. For the purposes of paragraph 2(b) of this Standard, necessary maintenance and
support of seafarers shall include: adequate food, accommodation, drinking water
supplies, essential fuel for survival on board the ship and necessary medical
care.
6. Each Member shall require that ships that fly its flag, and to which paragraph 1
or 2 of Regulation 5.1.3 applies, carry on board a certificate or other documentary
evidence of financial security issued by the financial security provider. A copy
shall be posted in a conspicuous place on board where it is available to the
seafarers. Where more than one financial security provider provides cover, the
document provided by each provider shall be carried on board.
7. The certificate or other documentary evidence of financial security shall contain
the information required in Appendix A2-I. It shall be in English or accompanied by
an English translation.
8. Assistance provided by the financial security system shall be granted promptly
upon request made by the seafarer or the seafarer’s nominated representative and
supported by the necessary justification of entitlement in accordance with paragraph
2 above.
9. Having regard to Regulations 2.2 and 2.5, assistance provided by the financial
security system shall be sufficient to cover the following:
(a) outstanding wages and other entitlements due from the shipowner to the seafarer
under their employment agreement, the relevant collective bargaining agreement or
the national law of the flag State, limited to four months of any such outstanding
wages and four months of any such outstanding entitlements;
(b) all expenses reasonably incurred by the seafarer, including the cost of
repatriation referred to in paragraph 10; and
(c) the essential needs of the seafarer including such items as: adequate food,
clothing where necessary, accommodation, drinking water supplies, essential fuel for
survival on board the ship, necessary medical care and any other reasonable costs or
charges from the act or omission constituting the abandonment until the seafarer’s
arrival at home.
10. The cost of repatriation shall cover travel by appropriate and expeditious means,
normally by air, and include provision for food and accommodation of the seafarer
from the time of leaving the ship until arrival at the seafarer’s home, necessary
medical care, passage and transport of personal effects and any other reasonable
costs or charges arising from the abandonment.
11. The financial security shall not cease before the end of the period of validity
of the financial security unless the financial security provider has given prior
notification of at least 30 days to the competent authority of the flag State.
12. If the provider of insurance or other financial security has made any payment to
any seafarer in accordance with this Standard, such provider shall, up to the amount
it has paid and in accordance with the applicable law, acquire by subrogation,
assignment or otherwise, the rights which the seafarer would have enjoyed.
13. Nothing in this Standard shall prejudice any right of recourse of the insurer or
provider of financial security against third parties.
14. The provisions in this Standard are not intended to be exclusive or to prejudice
any other rights, claims or remedies that may also be available to compensate
seafarers who are abandoned. National laws and regulations may provide that any
amounts payable under this Standard can be offset against amounts received from
other sources arising from any rights, claims or remedies that may be the subject of
compensation under the present Standard.
C. Amendment to include a new appendix
Before Appendix A5-I, add the following appendix:
Appendix A2-I
Evidence of financial security under Regulation 2.5, paragraph 2
The certificate or other documentary evidence referred to in Standard A2.5.2,
paragraph 7, shall include the following information:
(a) name of the ship;
(b) port of registry of the ship;
(c) call sign of the ship;
(d) IMO number of the ship;
(e) name and address of the provider or providers of the financial security;
(f) contact details of the persons or entity responsible for handling seafarers’
requests for relief;
(g) name of the shipowner;
(h) period of validity of the financial security; and
(i) an attestation from the financial security provider that the financial security
meets the requirements of Standard A2.5.2.
D. Amendments relating to Appendices A5-I, A5-II and A5-III
At the end of Appendix A5-I, add the following item:
Financial security for repatriation
In Appendix A5-II, after item 14 under the heading Declaration of Maritime Labour
Compliance – Part I, add the following item:
15. Financial security for repatriation (Regulation 2.5)
In Appendix A5-II, after item 14 under the heading Declaration of Maritime Labour
Compliance – Part II, add the following item:
15. Financial security for repatriation (Regulation 2.5)
At the end of Appendix A5-III, add the following area:
Financial security for repatriation