PNTC COLLEGES

Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

ACTIVITY SHEET
Name BILBAO, JAYSON B. Year and Section 3RD YEAR/MT-NPBST 31 B3
Course Code LAW 306 Course Title Maritime Law
Module Number MODULE 7 (WEEK 7) Content Topic 1.3 Safety - International
Convention on Standards of
Training, Certification and
Watchkeeping for Seafarers,
1978, as amended (STCW)
Teacher Capt. Roy Dualos Date 15/NOV/2022

PART 1. EVALUATE
1. Define, for the purpose of the Athens Convention Relating to the Carriage of Passengers and their (PAL
1974):

a) carrier - means a person by or on behalf of whom a contract of carriage has been concluded, whether the
carriage is actually performed by that person or by a performing carrier
b) performing carrier - means a person other than the carrier, being the owner, charterer or operator of a
ship, who actually performs the whole or a part of the carriage
c) ship - means only a seagoing vessel, excluding an air-cushion vehicle
d) passenger - means any person carried in a ship
e) luggage - means any article or vehicle carried by the carrier under a contract of carriage
f) cabin luggage - means luggage which the passenger has in his cabin or is otherwise in his possession,
custody or control.
g) carriage - with regard to the passenger and his cabin luggage, the period during which the passenger and/or
his cabin luggage are on board the ship or in the course of embarkation or disembarkation, and the period
during which the passenger and his cabin luggage are transported by water from land to the ship or vice-versa,
h) international carriage - means any carriage in which, according to the contract of carriage, the place of
departure and the place of destination are situated in two different States, or in a single State if, according to
the contract of carriage or the scheduled itinerary, there is an intermediate port of call in another State.

2. What is the situation by which the ship is liable for the loss of monies, jewelries and other valuables of
the Athens Convention Relating to the Carriage of Passengers and their (PAL 1974)?

- It declares a carrier liable for damage or loss suffered by a passenger if the incident causing the damage
occurred in the course of the carriage and was due to the fault or neglect of the carrier.

3. In what instance in which the carrier’s servants is entitled to avail himself of the defenses and limits of
liability which the carrier is entitled to invoke under the Athens Convention Relating to the Carriage of
Passengers and their (PAL 1974)?

- If an action is brought against a servant or agent of the carrier or of the performing carrier arising out of
damage covered by this Convention, such servant or agent, if he proves that he acted within the scope of his

Form No. BPM2-CME 20 F-010

Rev.00
 PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

employment.

4. Define, for the purpose of the International Convention on Tonnage Measurement of Ships, 1969:

a) international voyage - means a sea voyage from a country to which the present Convention applies to a port
outside such country, or conversely.
b) gross tonnage - means the measure of the overall size of a ship determined in accordance with the
provisions of the present Convention
c) net tonnage - means the measure of the useful capacity of a ship determined in accordance with the
provisions of the present Convention
d) new ship - means a ship the keel of which is laid, or which is at a similar stage of construction, on or after
the date of coming into force of the present Convention
e) existing ship - means a ship which is not a new ship

5. Define, for the purpose of the International Convention for the Control and Management of Ships' Ballast
Water and Sediments (BWM Convention) 2004:

a) ballast water - means water with its suspended matter taken on board a ship to control trim, list, draught,
stability or stresses of the ship.
b) ballast water management - means any system which processes ballast water such that it meets or exceeds
the ballast water performance standard in regulation D-2.
c) sediments - means matter settled out of Ballast Water within a ship

6. What would be the decision of the court when the death of or personal injury of a person was caused or
contributed by the fault or neglect of the passenger of the Athens Convention Relating to the Carriage of
Passengers and their (PAL 1974)?

- the Court decision of the case may exonerate the carrier wholly or partly from his liability in accordance with
the provisions of the law of that court.

7. What are the incidents that shall be covered in the aggregation of claims of the Athens Convention
Relating to the Carriage of Passengers and their (PAL 1974)?

 Where the limits of liability prescribed in Articles 7 and 8 take effect, they shall apply to the aggregate
of the amounts recoverable in all claims arising out of the death of or personal injury to any one
passenger or the loss of or damage to his luggage.
 In relation to the carriage performed by a performing carrier, the aggregate of the amounts
recoverable from the carrier and the performing carrier and from their servants and agents acting
within the scope of their employment shall not exceed the highest amount which could be awarded
against either the carrier or the performing carrier under this Convention, but none of the persons
mentioned shall be liable for a sum in excess of the limit applicable to him.
 In any case where a servant or agent of the carrier or of the performing carrier is entitled under Article
11 of this Convention to avail himself of the limits of liability prescribed in Articles 7 and 8, the

Form No. BPM2-CME 20 F-010

Rev.00
 PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

aggregate of the amounts recoverable from the carrier, or the performing carrier as the case may be,
and from that servant or agent, shall not exceed those limits.

8. Which court has the competent jurisdiction in settling the case of a claimant against the carrier of the
Athens Convention Relating to the Carriage of Passengers and their (PAL 1974)?

- An action arising under this Convention shall, at the option of the claimant, be brought before one of the
courts listed below, provided that the court is located in a State Party to this Convention:

a) the court of the place of permanent residence or principal place of business of the defendant, or
b) the court of the place of departure or that of the destination according to the contract of carriage, or
c) a court of the State of the domicile or permanent residence of the claimant, if the defendant has a
place of business and is subject to jurisdiction in that State, or
d) a court of the State where the contract of carriage was made, if the defendant has a place of business
and is subject to jurisdiction in that State.

9. What are the causes so that the contractual provisions become invalid of the Athens Convention Relating
to the Carriage of Passengers and their (PAL 1974)?

- Any contractual provision concluded before the occurrence of the incident which has caused the death of or
personal injury to a passenger or the loss of or damage to his luggage, purporting to relieve the carrier of his
liability towards the passenger or to prescribe a lower limit of liability than that fixed in this Convention except
as provided in paragraph 4 of Article 8, and any such provision purporting to shift the burden of proof which
rests on the carrier, or having the effect of restricting the option specified in paragraph 1 of Article 17, shall be
null and void, but the nullity of that provision shall not render void the contract of carriage which shall remain
subject to the provisions of this Convention.

10. Where does the remarks entry of a ship posted when she is using her national tonnage in the
International Convention on Tonnage Measurement of Ships, 1969?

- For ships for which the International Tonnage Certificate (1969) includes a "Remarks" entry on national
tonnage as described in paragraph 5 of this Recommendation, the appropriate box in the appropriate Ship
Safety Certificate, the International Oil Pollution Prevention Certificate or other such official certificates issued
by the Administration.

11. Describe anti-fouling system in the International Convention of the Control of Harmful Anti-fouling
Systems on Ships, 2001?

- The International Convention on the Control of Harmful Anti-fouling Systems in Ships (AFS Convention) is a
2001 International Maritime Organization (IMO) treaty whereby states agree to prohibit the use of harmful
anti- fouling paints and other anti-fouling systems that contain harmful substances.

12. What is prohibited to apply to the hull in order to control the waste material in the International
Convention of the Control of Harmful Anti-fouling Systems on Ships, 2001?

Form No. BPM2-CME 20 F-010

Rev.00
 PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

 shall not bear such compounds on their hulls or external parts or surfaces; or
 shall bear a coating that forms a barrier to such compounds leaching from the underlying non-
compliant anti- fouling systems.

13. Describe carriage for the given periods of cabin luggage in the Athens Convention Relating to the
Carriage of Passengers and their (PAL 1974).

(a) with regard to the passenger and his cabin luggage, the period during which the passenger and/or his
cabin luggage are on board the ship or in the course of embarkation or disembarkation, and the period
during which the passenger and his cabin luggage are transported by water from land to the ship or
vice-versa.
(b) with regard to cabin luggage, also the period during which the passenger is in a marine terminal or
station or on a quay or in or on any other port installation if that luggage has been taken over by the
carrier or his servant or agent and has not been re-delivered to the passenger.
(c) with regard to other luggage, which is not cabin luggage, the period from the time of its taking over by
the carrier or his servant or agent on shore or on

14. Describe Regulation B-1 Ballast Water Management Plan of the Annex: Section B - Management and
Control Requirements of Ballasts for Ships regarding ballast water management plan.

- Each ship shall have on board and implement a Ballast Water Management plan. Such a plan shall be
approved by the Administration taking into account Guidelines developed by the Organization. The Ballast
Water Management plan shall be specific to each ship and shall at least:

 detail safety procedures for the ship and the crew associated with Ballast Water Management as
required by this Convention
 provide a detailed description of the actions to be taken to implement the Ballast Water Management
requirements and supplemental Ballast Water Management practices as set forth in this Convention
 detail the procedures for the disposal of Sediments: .1 at sea; and .2 to shore
 include the procedures for coordinating shipboard Ballast Water Management that involves discharge
to the sea with the authorities of the State into whose waters such discharge will take place
 designate the officer on board in charge of ensuring that the plan is properly implemented
 contain the reporting requirements for ships provided for under this Convention; and
 be written in the working language of the ship. If the language used is not English, French, or Spanish, a
translation into one of these languages shall be included.

15. Describe the offenses that could cause the International Tonnage cancelled of the International
Convention on Tonnage Measurement of Ships, 1969.

- Subject to any exceptions provided in the Regulations, an International Tonnage Certificate (1969) shall cease
to be valid and shall be cancelled by the Administration if alterations have taken place in the arrangement,
construction, capacity, use of spaces, total number of passengers the ship is permitted to carry as indicated in
the ship's passenger certificate, assigned load line or permitted draught of the ship, such as would necessitate
Form No. BPM2-CME 20 F-010
Rev.00
 PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

an increase in gross tonnage or net tonnage.

16. What is the purpose of conducting an inspection to a ship flying the flag of a State the Government of
which is a Contracting Government, when in the ports of other Contracting Governments of the
International Convention on Tonnage Measurement of Ships, 1969?

- the purpose of the inspection is to verify the following:

(a) that the ship is provided with a valid International Tonnage Certificate (1969); and
(b) that the main characteristics of the ship correspond to the data given in the certificate.

17. Which ship has the right to use the national tonnage of the International Convention on Tonnage
Measurement of Ships, 1969?

- For ships which the International Tonnage Certificate (1969) includes a "Remarks" entry on national tonnage.

18. Explain Regulation B-6 of the International Convention for the Control and Management of Ship’ Ballast
Water and Sediments regarding duties of officers and crew.

- Officers and crew shall be familiar with their duties in the implementation of Ballast Water Management
particular to the ship on which they serve and shall, appropriate to their duties, be familiar with the ship ‘s
Ballast Water Management plan.

19. Explain Regulation D-1 of the International Convention for the Control and Management of Ship’ Ballast
Water and Sediments regarding ballast water exchange.

 Ships performing Ballast Water exchange in accordance with this regulation shall do so with an
efficiency of at least 95 percent volumetric exchange of Ballast Water.
 For ships exchanging Ballast Water by the pumping-through method, pumping through three times the
volume of each Ballast Water tank shall be considered to meet the standard described in paragraph 1.
Pumping through less than three times the volume may be accepted provided the ship can
demonstrate that at least 95 percent volumetric exchange is met

20. Which ships are exempted on International Convention for the Control and Management of Ship’ Ballast
Water and Sediments?

- According to Article 3, the BWM Convention applies to all ships including submersibles, floating craft, floating
platforms, FSUs and FPSOs. It will not apply to: ships not designed to carry ballast water. warships, naval
auxiliary ships or other ships owned or operated by a state.

21. Describe the application of International Convention on Tonnage Measurement of Ships, 1969.

- An International Tonnage Certificate (1969) shall be issued to every ship, the gross and net tonnages of which
have been determined in accordance with the present Convention. (2) Such certificate shall be issued by the
Form No. BPM2-CME 20 F-010
Rev.00
 PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Administration or by any person or organization duly authorized by it.

22. Describe that the application of the Athens Convention Relating to the Carriage of Passengers and their
(PAL 1974) is for any international carriage.

- Athens Convention establishes a regime of liability for damage suffered by passengers carried on a seagoing
vessel. It declares a carrier liable for damage or loss suffered by a passenger if the incident causing the damage
occurred during the carriage and was due to the fault or neglect of the carrier.

PART 2. EXTEND

The International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM
Convention) 2004 is now strictly implemented on other member states. When you are a deck officer Officers
you should be familiar with their duties in the implementation of Ballast Water Management. You must
have to know the ballast water exchange and the procedures. Explain the main reason for strict
implementation of the said convention.

It's strictly implemented because in the purpose of protecting the marine environment from the transfer of
harmful aquatic organisms in ballast water carried by ships. the Convention aims to prevent the spread of
harmful aquatic organisms from one region to another and halt damage to the marine environment from
ballast water discharge, by minimizing the uptake and subsequent discharge of sediments and organisms.

Form No. BPM2-CME 20 F-010

Rev.00