Paragraph (b) The basic requirement of the CREWMAN agreements is that owners receive the necessary insurance coverage for the ship and crew. As described above, the standard P&I coverage available from the group`s 13 international clubs has been expanded to cover owners` financial security requirements for MLC. Paragraph (b) therefore merely focuses on the insurance obligations of owners under the CREWMAN agreements. CREWMAN A (Cost plus fee) 2009 is a standard crew management contract in which owners appoint crew managers as agents to provide crew management services in relation to a ship on a cost plus fee basis. The last edition of this contract is CREWMAN A (cost plus fees) 2009. BIMCO adapts the 2009 shipman agreement currently used for use with autonomous vessels, but the absence of autonomous vessels currently in service will result in continuous adjustments as the industry continues its pioneering projects. The release of the first version is expected in 2021. SHIPMAN is a ship management contract that may include crew, technical and commercial management and insurance contracts relating to a ship. The last edition of this contract is SHIPMAN 2009. In the 12 years since Shipman`s last update, there have been many changes and developments in ship management practices. As a result, more and more additional clauses have been added to the agreement and an increasing number of changes have been made. The revision work will include a review of frequently added clauses and amendments to ensure that SHIPMAN and its accompanying documents continue to provide a comprehensive contractual platform for management services.
In recent years, these industry giants have given rise to several other standard third-party management agreements such as LAYUPMAN and SUPERMAN. Recently, work began on another shipman hybrid – a contract for the management of autonomous vessels – AUTOSHIPMAN. There are important management principles and regulations that are at the heart of all these agreements, and it is important that they remain consistent across the full range of BIMCO management agreements with third parties. The purpose of the MLC 2006 clauses is to allocate responsibility among the personnel on board the ship who are not directly employed by the owners. In the case of SUPPLYTIME, this is the staff of charterers, such as geologists and ROV operators, who may work on board the supply vessel but are not part of the owners` crew. Ship and crew management contracts focus on technical managers who also provide crew managers and crew managers who provide the crew – sometimes as principals under a lump sum agreement. The main problem is that, under these specialised contracts, the shipowner/operator may be held liable for certain aspects of compliance with the MLC, even if he is not the employer of these staff. Although the shipowner has overall responsibility for compliance with the Convention, some responsibilities may be shared and delegated to other organisations such as ship and crew managers or, in the case of the offshore sector, charterers. CREWMAN B (lump sum) 2009 is a standard crew management contract in which managers make the crew available to the ships as the crew`s client and employer on a flat-rate basis.
The last edition of this contract is CREWMAN B (package) 2009. The shipowner is ultimately responsible for compliance with the MLC – including the health and welfare, employment contracts and payment of wages of all employees who are considered „seafarers“ for the purposes of the MLC. The industry is working hard to ensure full compliance with the MLC when it comes into force. Part of these compliance efforts relates to contractual liability under charter parties and crew management arrangements. The MLC 2006 clauses for SHIPMAN and CREWMAN are available in five variants: one for CREWMAN A and B 2009; One for CREWMAN A and B 1999 and one for SHIPMAN 2009 and SHIPMAN 98.The differences between the two sets of clauses SHIPMAN and CREWMAN MLC are the reference to specific clauses of these agreements, whose numbering or marking changed when SHIPMAN and CREWMAN were revised in 2009. Subsection (b) SHIPMAN is a cooler cost agreement and the provision of crew by ship managers under SHIPMAN is therefore strictly similar to that of an agent for and on behalf of the owners. Therefore, paragraph (b) sets out the obligation of owners to ensure compliance with the MCL for each crew on board the ship, whether their own crew or a crew provided by managers. From a contractual perspective, the main concern is the MLC`s definition of a seafarer as „any person who is employed or employed on board or who works in any capacity“. This rather broad definition may entail responsibilities on the part of shipowners for all persons working on the ship, including the crew provided under an agreement on the ship or crew, as well as for offshore workers who are usually put on board by charterers but who are not traditionally considered seafarers. As with all of its major documentary projects, BIMCO recognizes the enormous value of consulting with the industry to get their input and perspectives.
BIMCO will welcome industry feedback once a complete revised design has been created. Work on this project is expected to begin in March. . The copyright of CREWMAN A (costs plus fees) 2009 is held by BIMCO. To address the problem of ship personnel not directly employed by owners, BIMCO has developed a number of additional MLC clauses recommended for BIMCO contracts. Clauses are designed to be added as a complementary clause to certain BIMCO contracts. The specific BIMCO contracts are SUPPLYTIME, SHIPMAN and CREWMAN. The practical guide includes all of BIMCO`s current standard offshore contracts and charter parties, as well as detailed advice. . The second definition is „shipowner“ because it is called on the maritime labour certificate issued to the ship. In this context, the term „shipowner“ also has the same meaning as in the context of the Convention, i.e. it refers to the „owner of the ship or any other organization or person, such as the manager, agent or bareboat charterer, who has assumed responsibility for the operation of the owner`s ship and who, in assuming that responsibility, has agreed to assume the duties and responsibilities imposed on shipowners under this Convention, whether or not another organization or person has assumed certain functions or responsibilities under the name of the shipowner. ».
