ADA LEGAL FRAMEWORK FORTHE HIGH SEAS-5-7 - Ivanna Castro

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ASSESSMENT OF THE UK’S FLAG STATE 
 
Research the regulatory framework of the potential flag state 
 
The purpose of the guide is to provide easy to use information regarding United Kingdom 
merchant shipping regulations and administrative procedures. UK regulations and procedures may 
differ from those of other Flag Administrations that you may be familiar with, this guide will help 
you to comply with UK requirements. 
 
1. Manning and STCW Requirements 
1.1 Manning On-Board 
1.2 United Kingdom Certificates of Equivalent Competency 
1.3 Watch Keeping Ratings / Yacht Ratings 
1.4 Ship’s Cooks / Chefs and Catering Staff 
1.5 Medical Fitness Certificates 
1.6 UK Discharge Books 
2. Hours of Work and Rest 
2.1 Rest 
2.2 Unmanned Machinery Space (UMS) 
2.3 Schedule of Shipboard Working Arrangements 
2.4 Schedule of Working Hours. 
2.5 ‘Properly Rested’ 
2.6 Exceptions from the schedule 
2.7 Statutory Paid Leave 
2.8 Shore leave 
3. Seafarers Employment Agreements (SEAs) and Lists of Crew 
3.1 Introduction to the requirements 
3.2 List of Crew 
4. Official Log Books 
5. Continuous Synopsis Record 
5.1 Making Amendments to the CSR 
5.2 Receiving an Amended CSR 
6. Registry 
6.1 Registration Documents 
7. GMDSS Log Book 
8. On-Board Safety 
8.1 Safety Officials and Committees 
8.2 Master’s Responsibility 
8.3 Risk Assessments 
9. Marine Casualty and Marine Incident Reporting 
10. Medical Stores Requirements 
11. Surveys and Audits 
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12. UK Publications Required to be On-Board 
13. Radio Licence 
14. Training 
15. Alcohol and Drugs 
 (GOV.UK. 2022) 
 
International conventions and agreements of UK Flag State 
 
As an IMO Member State and IMO Council Member, the United Kingdom of Great Britain and 
Northern Ireland (UK) is committed to enhancing maritime safety and protecting the maritime 
environment through effective implementation and enforcement of the IMO Conventions. In 2018, 
the UK Government set out its Maritime 2050 strategy and high-level vision for the maritime sector. 
This strategy is fundamentally underpinned by the UK’s commitment to the IMO Conventions and 
the IMO Instruments Implementation (III) Code. 
 
The Maritime 2050 strategy provides a framework for stakeholders across the breadth of UK 
maritime activity. The UK National Maritime Strategy for the III Code is a focused element of the 
Maritime 2050 wider strategy, as are the individual business plans of each entity within the UK 
Maritime Steering Committee (UK-MSC) for the III Code. 
 
The UK’s aim is to be the best performing flag, port and coastal State in the world. The III Code sets 
the criteria by which the UK continually measures its effectiveness in delivery of maritime safety 
and environmental protection across all stakeholders. The National Maritime Strategy for the III 
Code has been developed to facilitate our objectives, enable compliance, and maintain vigilance to 
ensure that we meet our national and international responsibilities and obligations. 
(Johnson, B. 2021) 
 
The UK Ship Register (UKSR) - part of the Maritime and Coastguard Agency (MCA) is one of the best 
performing flags in the major Port State Control regimes. It has a reputation for maintaining the 
highest international standards. 
The International Convention for the Prevention of Pollution from Ships (MARPOL) applies to 
virtually all vessels at sea. MARPOL's six annexes relate to the international requirements to prevent 
pollution by ships in the following areas. 
Annex I - oil pollution 
Annex II - control of pollution by noxious liquid substances in bulk 
Annex III - prevention of pollution by harmful substances carried by sea in packaged form 
Annex IV - sewage 
Annex V - garbage 
Annex VI - air pollution 
The Large Yacht Code is not an equivalent to MARPOL which applies in full to large yachts. Those 
yachts over 400GT require MARPOL certification. 
We can advise on all aspects of MARPOL compliance and ballast water management. 
MARPOL surveys and certification are delegated by the UK to Recognised Organisations. 
(UK Ship Register. 2023) 
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Research the potential flag state's track record 
 
UK shipping law is covered by the Merchant Shipping Act 1995 and the Merchant Shipping 
(Registration of Ships) Regulations 1993 with amendments in 1994, 1998, 1999 and 2000. 
 
The UK Ship Register (UKSR) is part of the Maritime and Coastguard Agency; the UK’s Maritime 
Administration and is one of the oldest and most reputable ship registers in the world. The Register 
looks to provide a high level of service for its customers with an emphasis on quality support 
throughout and after registration. 
 
The UKSR has gained a reputation for being a flag of quality and maintaining the highest standards. 
It is one of the best performing flags in the major Port State Control regimes, supported by its high 
position on the Paris and Tokyo MoU White Lists and inclusion on the United States Coastguard 
Qualship 21 Scheme. The UK Flag is a signatory to all the major international maritime conventions. 
The UK Ship Register was officially launched in February 2007. All the previous units were brought 
together into one single cohesive unit with a new attitude, providing real customer service and care 
with 24-hour assistance. Since then the UK Merchant Fleet has grown by over 5 million GT. 
(OGSR. 2021) 
 
The embattled UK Ship Register has dropped out of the world’s top 20 list of flag states by size for 
the first time since records began. 
 
Latest statistics from the World Fleet Monitor monthly publication issued yesterday by Clarkson 
Research Services sees the UK flag slide out of the world’s top 20 registries, falling from 19th spot 
in August to 21 this month with India and Iran leapfrogging it in the last month. 
The UK flag’s fleet now stands at 956 ships totalling 10.6m gt, down 34% from the 16.1m gt on its 
books at the start of the year. 
 
Among a host of international shipping companies ditching the British flag this year, France’s CMA 
CGM pulled 49 of its ships from the register earlier this year, citing Britain’s imminent departure 
from the European Union. The Marseille-headquarted line said it had taken the decision to drop the 
Red Ensign “in light of Brexit and to avoid any uncertainty in the period with our fleet status and 
regulations”. 
 
Despite the calamitous year to date, officials at the British registry are putting on a brave face, 
stating last week they have set a 12.5% growth target for the coming 12 months. 
Consider the cost and availability of registration 
(Chamber, s. 2023)