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6ПРОБЛЕМИ ЗМ1НИ СУДНОВИХ ЕК1ПАЖ1В В УМОВАХ ГЛОБАЛЬНО! ПАНДЕМП
COVID-19
Мельник О.М.
Старший викладач кафедри судноводтня i морськоi безпеки Одеський нацiональний морський yuieepcumem, Одеса
Окулов В.1.
Старший викладач кафедри судноводтня i морсьmi безпеки Одеський нацюнальний морський yнiверситет, Одеса
Пуляев I. О.
Старший викладач кафедри судноводтня i морсько' безпеки Одеський нацiональний морський yнiверситет, Одеса
Корякш К. С.
Старший викладач кафедри судноводтня i морсько '1' безпеки Одеський нацiональний морський yнiверситет, Одеса
CREW CHANGE PROBLEMS UNDER GLOBAL PANDEMIC CONDITIONS OF COVID-19
Melnyk O.
Senior lecturer, department of Navigation and Maritime Safety Odessa National Maritime University, Odessa ORCID: https://orcid.org/0000-0001-9228-8459
Okulov V.
Senior lecturer, department of Navigation and Maritime Safety Odessa National Maritime University, Odessa
Pulyayev I.
Senior lecturer, department of Navigation and Maritime Safety Odessa National Maritime University, Odessa
Koryakin K.
Senior lecturer, department of Navigation and Maritime Safety Odessa National Maritime University, Odessa
Анотащя
У статп розглядаються питання, що стосуються складнощiв здшснення змши екшаж1в торговельних суден через ситуацш, спричинену поширенням коронашрусно! хвороби COVID-19 у глобальному масш-табi та обмеженнями, встановленими державами щодо закордонних подорожей i вшьних пересувань гро-мадян. цд фактори у сукупносп впливають на фiзичний та психологiчний стан моряков, а також на навта-цiйно-технiчну складову морсько! безпеки. Розглядаеться нормативно-правове забезпечення та рекомен-дацп в рамках мджшродних протоколдв щодо оргашзацп безпечно! змши ек1паж1в та подорожей тд час пандемп коронавiрусу (COVID-19), а також заходiв, спрямованих на продовження термiну ди квалiфiка-цшних докуменпв моряков.
Abstract
The article deals with the issues concerning the complexity of ship crew changes due to the situation caused by the spread of infectious disease COVID-19 on a global scale and the restrictions imposed by states against the coronavirus. These combined factors affected the physical and psychological condition of seafarers, as well as the navigational and technical component of maritime safety. Regulatory support documents and recommendations in the framework of international protocols to ensure safe crew changes and travel during the coronavirus pandemic (COVID-19) are touched upon, as well as measures aimed at extending the validity of seafarers' qualification documents.
Keywords: ship crew changes, quarantine restrictions, coronavirus, circular letter, international maritime organization, terms of certificates of competence.
Ключов1 слова: Змша екшажу судна, карантинш обмеження, коронаврусна хвороба, циркулярний лист, мiжнародна морська оргашзащя, термш ди сертифжапв компетентности
Introduction
The merchant shipping industry is the lifeblood of world trade. More than 80 percent of the world's goods are shipped by sea, from oil and bauxite to surgical masks, cars, and bananas. An army of 1.6 million sailors is comparable to the population of Estonia or Latvia. Nearly 60,000 ships fly the flags of 150 nations and
annually bring half a trillion dollars to the global economy.
Problem formulation
The COVID-19 outbreak had a major impact on the global economy. The world trade is shrinking, following declines in production and consumption in coronavirus-stricken economies. This exposure has
also caused serious problems and changes in the fields of international trade and transport, which are major components of the global economy. The current conditions have affected many sectors, and the activities of some have been suspended. In these circumstances, the shipping sector remains the only stable operating segment in the field of international logistics. In maritime transport, it is crucial to keep operations stable as planned. Maritime transportation covers about 90% of the world's trade shipments. Ships are carrying essential commodities that are critical to fighting COVID-19 and recovering from the pandemic, including life-saving medical supplies, food and other essentials, and continued difficulties with ship's crew changes due to restrictions against coronavirus in some countries continue to affect supply chains, despite the widespread easing of restrictions. The International Maritime Organization (IMO) Secretary General Mr. Kitak Lim says some seafarers have been stranded at sea for 15 months, far exceeding the 11-month maximum set by the maritime labor convention. As the pandemic continues, the physical and mental health along with safety of crews is threatened, jeopardizing global economic recovery after COWID-19 [1-9].
Discussion
According to a joint statement from the International Air Transport Association (IATA) and the International Chamber of Shipping (ICS), about 100,000 seafarers around the world are having problems with changing crews because of the situation caused by the coronavirus pandemic. A growing number of seafarers whose contracts have expired but who cannot leave their ship and return home because passenger air travel is banned almost everywhere in the world. Since the COVID-19 pandemic, travel restrictions and closures imposed by governments around the world have caused significant barriers to crew changes and left hundreds of thousands of seafarers onboard ships or unable to get on board. The International Transport Workers' Federation (ITF) estimates the figure has reached 300,000 seafarers worldwide who are simply stranded on ships or in need of immediate repatriation, and a similar number need to be recruited and boarded to replace them. Thus, we can speak of a figure of 600,000 seafarers caught in some kind of crisis situation. This has led to a growing humanitarian crisis, as well as fears that seafarer fatigue and mental health problems could lead to serious consequences, including accidents and incidents at sea.
Many seafarers, without exaggeration, have psychological problems. Some suffer from physical fatigue as well. All this has a bad effect on their ability to comply with safety measures in the performance of their duties. Moreover, most importantly, there is the moral fatigue caused by the knowledge that all boundaries are closed in front of them on the way home. On the other hand, being afraid of possible consequences from crew-ing agencies and existence of so-called black list none of them dared to take radical measures for violation of labor discipline.
There have been a significant number of calls from both seafarers themselves and their spouses and family members to the IMO to share their concerns about the
various difficult situations caused by the COVID-19 pandemic. In response, the organization created the Seafarers' Crisis Action Team (SCAT) to help resolve individual cases, often working alongside other organizations such as the International Labour Organization (ILO), International Transport Workers' Federation (ITF) and International Chamber of Shipping (ICS). Since the beginning of the crisis, this dedicated team of experts has been working around the clock, contacting representatives of national governments, non-government organizations (NGOs), trade unions or relevant associations, or guiding seafarers to the right organization to find workable solutions.
Since the first reports of the COWID-19 restrictions, the routine and conveyancing work of crew-ing agencies has been complicated by preventive measures, and the standard approach to crew changes has undergone significant changes, such as:
1. Crew members who have been on leave in previous ports of call are required to remain on board.
2. If substitute crewmembers are unable to enter the country for a scheduled crew change due to their country of origin, part of the crew will have to remain on board under mutually agreed extended contracts.
3. Service engineers cannot gain access to the ship, to perform maintenance that endangers the proper functioning of the ship's equipment.
Initially, these restrictions were mainly aimed at Chinese nationals, without regard to the fact that they had spent several months on board before the outbreak. However, when COVID-19 began to spread locally to other countries outside of China, not only did the restriction regime gradually change, but new restrictions were intensified.
As a rule, restrictions are subject to:
- Travel history;
- Nationality;
If restrictions are based on travel history, it is important to consider the following:
- Where has the crew been recently, and what ports has the ship called?
What is the travel history of out-of-state employees, such as:
- Cargo superintendents;
- Passengers;
- Accompanying spouses and children;
- Security guards-if they have been used on other ships recently, these itineraries should also be considered.
If restrictions are based on nationality, it is important to consider the following:
- What is the nationality of the crew members on board?
- What is the country of registration of the vessel?
To help governments implement coordinated procedures to facilitate the safe movement of seafarers, the International Maritime Organization published, on May 5, 2020, and addressed a circular letter to all IMO member states, the United Nations and its specialized agencies, intergovernmental organizations and non-governmental organizations in consultative status with the IMO.
The circular letter provides a protocol structure, a 12-step plan, titled " - Recommended Framework of Protocols for ensuring safe ship crew changes and travel during the Coronavirus (COVID-19) pandemic" for 174 member states, offering them a roadmap for getting seafarers out of COVID-19 self-isolation and allowing them to make relevant exceptions to allow them to board or leave ships.
These protocols clearly establish the responsibilities of governments, shipowners, transport service providers and seafarers. The protocols also provide a framework for developing reliable procedures that can be adopted worldwide to ensure that international maritime trade is continued and that crewmembers of merchant ships are replaced in a timely manner.
Although travel restrictions are beginning to ease, there are still restrictions in many countries that affect crew changes. Given the current situation of travel restrictions and closed borders, it is still impossible for shipowners to implement a proper crew change and conduct boarding of technical specialists. To cope with these problems, the IMO recommends to consider the recently issued BIMCO (Baltic and International Maritime Council) Regulation on Crew Change, which provides contractual provisions for these operations.
The new COVID-19 model crew change clause is designed to give shipowners the flexibility to deviate from strictly defined circumstances when changing crew. It also provides an opportunity for charterers to contribute to the crew change process, recognizing the potentially high costs associated with a COVID-19 crew change.
In accordance with the model clause, the shipowner has the right to deviate from the specified itinerary for crew changes in case: it is not possible in the ports specified in the contract, due to coronavirus restrictions or it is not possible while the vessel is in the port. Such deviation from the route will not be considered a breach of contract and the shipowner is not liable for any loss or damage incurred as a result of such deviation.
In this case, the shipowner must consider the interests of the charterer and notify him in writing as soon as possible about the planned change of the route for the purpose of the change of the crew. The period when the ship deviates from the terms of the contract for crew changes is included in the charter term, with payment by the charterer at a reduced rate - if its amount is not agreed in the contract, it is 50% of the established freight rate. Bunker cost during the deviation period shall be paid by the shipowner and the charterer in equal shares. Payment of port dues, pilotage and other services in the port where the crew is changed shall be at the shipowner's expense.
As the COVID-19 pandemic spreads, it is imperative that all governments support the continued operation of the merchant fleet by continuing to give merchant ships access to ports around the world and facilitating travel for seafarers to change crews promptly.
The International Transport Workers' Federation (ITF) and the International Chamber of Shipping (ICS) have sent a joint open letter to United Nations agencies urging them to recognize the vital role of seafarers in
this emergency crisis, saying it is vital that governments of all nations support the shipping industry by allowing commercial ships into ports worldwide and not preventing crew rotations in the face of coronavirus threats. It is vital, amidst travel restrictions that an exception be made for merchant seafarers so that they can get on and off the ship unhindered by crew changes. This is necessary for the preservation and smooth operation of global supply chains.
The letter also states, "We ask for understanding for crew members who have to come to or leave a ship because of a rotation. We appeal to national governments to place this topic on the agenda of their meetings as a matter of urgency, and we call on them to contact the International Chamber of Shipping and the International Transport Workers' Federation to work together to solve the problems.
On July 9, 2020, following a virtual ministerial summit hosted by the British government, a joint statement was signed in which representatives from 13 countries (Denmark, France, Germany, Greece, Indonesia, the Netherlands, Norway, the Philippines, Saudi Arabia, Singapore, the United Arab Emirates, the United Kingdom and the United States) expressed their deep concern about the current crisis and recognized that "greatest maritime operational challenge to the safe and efficient movement of global commerce."
IMO Secretary General Kitak Lim welcomed the commitment by the 13 countries that signed the joint statement to facilitate crew changes and to encourage all IMO nations to designate seafarers and other maritime personnel as "key workers" and to implement the Protocols to Ensure Safe Crew Changes and Ship Movement during a Coronavirus Pandemic (COVID-19), which were approved and circulated by the IMO in May. The joint statement also recognizes the importance of considering waiving or exempting visa or documentation requirements for seafarers, and facilitating greater access to commercial voyages to and from seafarers' main countries of origin.
The step represents significant progress to help resolve the growing crisis facing the maritime industry and enable hundreds of thousands of stranded seafarers to return home or board ships.
Another important problem that arose for some seafarers when their contracts were extended was the validity of their competency documents, without which they cannot be employed aboard ships. Ukrainian seafarers are no exception. Absence of Ukraine's own merchant fleet explains the absence of official statistics on number of Ukrainian seamen employed in the global merchant fleet, but according to some data, about 100150 thousand are employed as officers and ratings in the industry. According to the Trade Union of Maritime Transport Workers of Ukraine, the number of those who are currently at sea and on board the ships of foreign shipowners are estimated at around 25-30 thousand people.
Considering the epidemic situation that persists throughout the world, the Ministry of Infrastructure of Ukraine takes measures aimed to protect the interests of Ukrainian seafarers in the COVID-19 pandemic. This applies for those who are currently employed and
whose certificates of competence issued in accordance with the provisions of the STCW convention on behalf of the Ukrainian government will be invalid as of March 2020.
Realizing that in the existing situation it is impossible to organize the crew changes of Ukrainian seafarers when the global pandemic begins, the Ministry of Infrastructure of Ukraine has sent to International Maritime Organization three letters # 890/46 / 14 -20 dated March 23, 2020, # 5021/46 /10-20 dated April 13, 2020 and # 1635/46 / 14-20 dated May 28, 2020, in which the detailed information about the extension of seafarers' certificates and other documents (seafarers' ID card and medical certificates) and ship documents validity is presented. The validity of seafarers' certificates of competency and other seafarers' documents was extended until 30 September 2020.
At the same time, the Cabinet of Ministers of Ukraine adopted a decree № 392 of 20.05.2020 "On quarantine to prevent the spread of acute respiratory disease COVID-19, caused by coronavirus SARS-CoV-2, and the stages of weakening of anti-epidemic measures", the provisions of which, among other things, regulate the issues of allowing crew members to cross the state border and air transport of seagoing and river ship crews. Additionally, on December 8, 2020, the Ministry of Infrastructure of Ukraine sent a letter to the International Maritime Organization, which details the extension of validity of seafarers' qualification documents and other documents for seafarers, which are mandatory in accordance with the requirements of international law.
The validity of Ukrainian certificates of qualification, which expired on March 1, 2020, is extended until June 30, 2021 provided such requirements are met:
- the flag state recognizes such extension;
- the seafarer's employment contract shall be extended for the same term and on the same grounds and conditions. Additional appeals to Ukrainian authorities are not necessary. The Ministry of Infrastructure of Ukraine notes that in case of further spread of COVID-19 coronavirus disease in the world and/or Ukraine, the issue of renewal of all seafarers' qualification documents required by international and national legislation will be urgently considered. These measures apply exclusively to cases of force majeure related to the spread of COVID-19.
Conclusion
Challenges related to changing crews' issues have a major impact on the shipping industry. The first explanation, which lies on the surface, involves the difficulty of changing the ship's crew due to international travel restrictions and border closures imposed by governments around the world. Maritime shipping relies entirely on an international workforce. Since the dawn of time, crews have been assembled all over the world. The seaman's passport knew no bounds, but the COVID-19 slammed that door. Many crew members who suffer from excessive time on board ships, physical and psychological fatigue, the stress of worrying about their families and relatives, and the impact of the pandemic on all areas of life. Lack of access to the out-
side world, to the Internet at sea and in ports, as pandemic rules forbid seafarers access to facilities ashore, even in case of medical emergencies. It should be remembered that a pandemic is not a "force majeure", the normal contractual conditions of the ILO Maritime Labor Convention apply to the persons involved in the management and maintenance of the ship and to the crews. International maritime standards require the shipowner to ensure that his ships are manned by healthy and fit for duty personnel. A crew that suffers from fatigue runs a ship with a much higher level of risk, which is also, poses unacceptable risks to shipping with the threat of increased accidents, fuel spills and loss of life. Therefore, the issues of maritime safety in the aspect of crew change are urgent and require further study.
References
1. COVID-19: 12 шагов для возобновления смен моряков. website: http://as-sol.org.ua/2020/05/11/covid-19-12-shagov-dlya-vozobnovleniya-smen-moryakov/;
2. International Maritime Organisation. Website http ://www. imo.org;
3. Ministry of Infrastructure of Ukraine http://www.mtu.gov.ua/;
4. Coronavirus (COVID-19) Guidance for Ship Operators for the Protection of the Health of Seafarers, Version 3.0 - 29 September 2020. https://www.ics-shipping.org/wp-content/uploads/2020/11/covid19-guidance-for-ship-operators-for-the-protection-of-the-health-of-seafarers-v3 -min.pdf;
5. Coronavirus (COVID-19) - Recommended Framework of Protocols for ensuring safe ship crew changes and travel during the Coronavirus (COVID-19) pandemic. Available at: https://wwwcdn.imo.org/localresources/en/MediaCen-tre/HotTopics/Docu-
ments/COVIDCL4204adds/CircularLetterNo .4204-
Add.14-Coronavirus(Covid-19)-RecommendedFrame-
workOfProtocols.pdf
6. Калмыков А. "Плавучие тюрьмы". Как полмиллиона моряков застряли в море, и почему это на руку русским и украинцам. [Электронный ресурс] Режим доступа https://www.bbc.com/russian/fea-tures-54392586.
7. IMO Secretary-General denounces "no crew change" clauses. Available at https://www.imo.org/en/MediaCentre/PressBrief-ings/pages/46-no-crew-change-clause-.aspx;
8. Coronavirus (COVID 19) - "No crew change" clauses in charterparties Circular Letter No.4204/Add.36/Rev.1 23 December 2020. Available at: https://wwwcdn.imo.org/localresources/en/Media-Centre/HotTopics/Docu-
ments/COVID%20CL%204204%20adds/CL.4204-Add.36%20no%20crew%20change%20clause.pdf
9. Дотримання прав моряшв в умовах панде-ми COVID-19. (27.10.2020) Юридична газета-онлайн №20 (726), https://yur-gazeta.com/publica-tions/practice/morske-pravo/dotrimannya-prav-mor-yakiv-v-umovah-pandemiyi-covid 19.html
