TECHNICAL AND REGULATORY NEWS No. 08/2022 – STATUTORY
HOW TO DEAL WITH MARITIME
MANAGEMENT SYSTEMS IN LIGHT
OF THE INVASION OF UKRAINE
March 2022
Relevant for ship owners and managers as well as flag states.
A statutory maritime management system (MMS) also needs to be effective in extraordinary
situations. DNV has been approached by customers and other stakeholders in the last weeks
regarding how to deal with MMS requirements (ISM, ISPS, MLC, 2006) during a war situation,
and DNV wants to share some recommendations on how to stay compliant.
Below are some of the extraordinary issues that have been
identified throughout the last few weeks. It must be acknowledged that the impact is not limited to Russian or Ukrainian
shipping or seafarers.
From interactions with customers, and other stakeholders,
we have observed some relevant challenges in managing the
following MMS activities or issues:
a) Change of flag, change of company (operator) and
change of address: Shipowners and operators may be
impacted based on the flags they operate under, and it
is essential to keep updated on flag state requirements
and guidance. Companies and operations may also be
challenged due to the company location identified on
certificates and other documentation.
It will continue to be possible to change the above. For
change of address, it must be noted that the management
system(s), the people involved, their relationships and their
authority must remain the same.
As general advice, we recommend contacting your local DNV
office for any changes to existing MMS certification needs.
In doing so, note ISM Code 1.1.2 and the Maritime Labour
Convention (MLC, 2006) Article II, paragraph 1(j) requiring
the DoC to identify the legal entity responsible and having
the authority and resources for handling “all the duties and
responsibility imposed by the Code” and the DMLC to identify the legal entity responsible for, and having the authority
and resources for handling, “the duties and responsibilities
imposed on shipowners in accordance with the Convention”.
b) Payment of wages and access to bank accounts: As general advice, we reference the MLC, 2006 Guideline B2.2.2,
paragraph 4 and recommend an agreement with seafarers
on payment and for this agreement to be documented.
MLC, 2006 compliance is expected, and requirements
found in the DMLC Part I and guidance referenced here is
only for showing possible solutions, and only flag state(s)
can grant exemptions from requirements.
c) Cyber security: We have observed that cyber security risks
are increasing. As general advice, we reference Resolution
MSC.428(98), which concludes that cyber risk management
shall be handled in accordance with objectives and functional requirements of ISM, and we encourage companies
to assess the need for additional measures.
DNV AS, Veritasveien 1, 1363 Høvik, Norway, Phone: +47 67 57 99 00, www.dnv.com/maritime
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d) Repatriation: As general advice, we reference Regulation 2.5 of the MLC, 2006 noting that seafarers have the
right to be repatriated at no cost to themselves in the
circumstances and the conditions specified in the Maritime
Labour Convention.
It should be noted that in the MLC, 2006 Guideline B2.5.1,
paragraph 1, it states that, “seafarers should be entitled
to repatriation: (iv) in the event of a ship being bound for
a war zone, as defined by national laws or regulations or
seafarers’ employment agreements, to which the seafarer
does not consent to go”.
e) Other impact on operations, working and living conditions and insurance: The extraordinary war situation in the
Ukraine may also impact seafarer employment agreements
(SEA), termination of SEA, travel to and from vessels, repatriation destinations, personnel certification, health, and
safety protection (including mental health risk), and vessel
insurance. For any additional need or deviation, dialogue
and flexibility are encouraged. Please note that exemptions must be granted by the flag state(s).
Recommendations
On a general note, companies (DoC, DMLC, and/or SSP holders) should consider consequences and risks and take actions
as necessary and implement measures due to the challenging
situation.
There will be extraordinary needs to be handled also in coming times – not only directly related to the invasion of Ukraine
but also from sanctions in other geographical areas – and we
encourage measures and dialogue to be initiated as a matter
of priority. It must be noted that deviations and exemptions
from statutory requirements can only be granted by flag states
and that such exemptions must be documented on site.
It is hard to be more specific, as every MMS is tailored to the
needs of the company – based on specific challenges, ambitions, and operation (fit for purpose) – but as general advice,
we recommend that you also utilize the management system
to identify the needs in extraordinary situations considering
objectives in the standards, reviewing:
a) Objectives, requirements, decisions, needs and expectations to be dealt with
b) Measures to deal with them
c) Authority needed and/or held to deal with them
d) Responsibilities and resources needed to be effective
e) Performance data to be monitored to ensure the measures’
effectiveness
f) Needs for decisions or clarifications from flag state(s) and
insurance providers
References
• IACS decision
• Paris MoU on PSC guidance
• DNV’s site on MMS
Contact
CONTACT
For customers:
DATE – Direct Access to Technical Experts via My Services on Veracity.
Otherwise:
Use our office locator to find the nearest office.
DNV AS, Veritasveien 1, 1363 Høvik, Norway, Phone: +47 67 57 99 00, www.dnv.com/maritime
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