A. Amendments relating to Standard A4.2
In the present heading, “Standard A4.2 – Shipowners’ liability”, replace “A4.2” by
“A4.2.1”.
Following paragraph 7 of the present Standard A4.2, add the following text:
8. National laws and regulations shall provide that the system of financial security
to assure compensation as provided by paragraph 1(b) of this Standard for
contractual claims, as defined in Standard A4.2.2, meet the following minimum
requirements:
(a) the contractual compensation, where set out in the seafarer’s employment
agreement and without prejudice to subparagraph (c) of this paragraph, shall be paid
in full and without delay;
(b) there shall be no pressure to accept a payment less than the contractual
amount;
(c) where the nature of the long-term disability of a seafarer makes it difficult to
assess the full compensation to which the seafarer may be entitled, an interim
payment or payments shall be made to the seafarer so as to avoid undue hardship;
(d) in accordance with Regulation 4.2, paragraph 2, the seafarer shall receive
payment without prejudice to other legal rights, but such payment may be offset by
the shipowner against any damages resulting from any other claim made by the
seafarer against the shipowner and arising from the same incident; and
(e) the claim for contractual compensation may be brought directly by the seafarer
concerned, or their next of kin, or a representative of the seafarer or designated
beneficiary.
9. National laws and regulations shall ensure that seafarers receive prior
notification if a shipowner’s financial security is to be cancelled or
terminated.
10. National laws and regulations shall ensure that the competent authority of the
flag State is notified by the provider of the financial security if a shipowner’s
financial security is cancelled or terminated.
11. Each Member shall require that ships that fly its flag 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.
12. 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.
13. The financial security shall provide for the payment of all contractual claims
covered by it which arise during the period for which the document is valid.
14. The certificate or other documentary evidence of financial security shall contain
the information required in Appendix A4-I. It shall be in English or accompanied by
an English translation.
Add the following heading and text following the present Standard A4.2:
Standard A4.2.2 – Treatment of contractual claims
1. For the purposes of Standard A4.2.1, paragraph 8, and the present Standard, the
term “contractual claim” means any claim which relates to death or long-term
disability of seafarers due to an occupational injury, illness or hazard as set out
in national law, the seafarers’ employment agreement or collective agreement.
2. The system of financial security, as provided for in Standard A4.2.1, paragraph
1(b), may be in the form of a social security scheme or insurance or fund or other
similar arrangements. Its form shall be determined by the Member after consultation
with the shipowners’ and seafarers’ organizations concerned.
3. National laws and regulations shall ensure that effective arrangements are in
place to receive, deal with and impartially settle contractual claims relating to
compensation referred to in Standard A4.2.1, paragraph 8, through expeditious and
fair procedures.
B. Amendments relating to Guideline B4.2
In the present heading, “Guideline B4.2 – Shipowners’ liability”, replace “B4.2” by
“B4.2.1”.
In paragraph 1 of the present Guideline B4.2, replace “Standard A4.2” by “Standard
A4.2.1”.
Following paragraph 3 of the present Guideline B4.2, add the following heading and
text:
Guideline B4.2.2 – Treatment of contractual claims
1. National laws or regulations should provide that the parties to the payment of a
contractual claim may use the Model Receipt and Release Form set out in Appendix
B4-I.
C. Amendment to include new appendices
After Appendix A2-I, add the following appendix:
Appendix A4-I
Evidence of financial security under Regulation 4.2
The certificate or other documentary evidence of financial security required under
Standard A4.2.1, paragraph 14, 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’ contractual claims;
(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 A4.2.1.
After Appendix A4-I, add the following appendix:
Appendix B4-I
Model Receipt and Release Form
referred to in Guideline B4.2.2
Ship (name, port of registry and IMO
number):...................................................
Incident (date and
place):..........................................................................................
Seafarer/legal heir and/or dependant:
....................................................................
Shipowner:...................................................................................................................
I, [Seafarer] [Seafarer’s legal heir and/or dependant]* hereby acknowledge receipt of
the sum of [currency and amount] in satisfaction of the Shipowner’s obligation to
pay contractual compensation for personal injury and/or death under the terms and
conditions of [my] [the Seafarer’s]* employment and I hereby release the Shipowner
from their obligations under the said terms and conditions.
The payment is made without admission of liability of any claims and is accepted
without prejudice to [my] [the Seafarer’s legal heir and/or dependant’s]* right to
pursue any claim at law in respect of negligence, tort, breach of statutory duty or
any other legal redress available and arising out of the above incident.
Dated:...........................................................................................................................
Seafarer/legal heir and/or dependant:
....................................................................
Signed:..........................................................................................................................
For acknowledgement:
Shipowner/Shipowner representative:
Signed:..........................................................................................................................
Financial security provider:
Signed:..........................................................................................................................
___________
* Delete as appropriate.
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 relating to shipowners’ liability
In Appendix A5-II, as the last item under the heading Declaration of Maritime Labour
Compliance – Part I, add the following item:
16. Financial security relating to shipowners’ liability (Regulation 4.2)
In Appendix A5-II, as the last item under the heading Declaration of Maritime Labour
Compliance – Part II, add the following item:
16. Financial security relating to shipowners’ liability (Regulation 4.2)
At the end of Appendix A5-III, add the following area:
Financial security relating to shipowners’ liability