ILO Maritime Labor Convention 2006

International Regulation News Update

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ILO Maritime Labor Convention 2006

Enters into Force August 2013
Regulatory Development GENERAL PROVISIONS (page 1)
Ratification Implementation

CERTIFICATION AND INSPECTION (pages 1 & 2)

Applicability Maritime Labor Certificate (MLC) Declaration of Maritime Labor Compliance (DMLC)

STEPS TO CERTIFICATION (page 2)

Plan Review Survey of Physical Conditions ILO Inspection

ABS REGULATORY AFFAIRS: INTERNATIONAL REGULATION NEWS UPDATE,

AUGUST 2012

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ILO Maritime Labor Convention 2006

The following is a summary of the provisions contained in the Convention. GENERAL PROVISIONS Ratification The ILO Maritime Labor Convention of 2006 (MLC 2006) will enter into force 12 months after 30 countries, representing 33% of world gross tonnage, ratify it. The ratification requirements were met on 20 August 2012, with ratification of the Convention by Liberia, Marshall Islands, Bahamas, Panama, Norway, Bosnia and Herzegovina, Spain, Croatia, Bulgaria, Canada, Saint Vincent and the Grenadines, Switzerland, Benin, Singapore, Denmark, Antigua and Barbuda, Latvia, Luxembourg, Kiribati, Netherlands, Australia, St Kitts and Nevis, Tuvalu, Togo, Poland, Palau, Sweden, Cyprus, Russian Federation, Philippines. The Convention will therefore enter into force in August 2013. Implementation MLC 2006 has been designed to become a global instrument. It is deemed as the fourth pillar (SOLAS, MARPOL and STCW Conventions being the other three) of the international regulatory regime for quality shipping. To ensure that this objective is accomplished, a no more favorable treatment provision has been included in Article V, Paragraph 7 of MLC 2006 which requires port State control authorities of signatory States to inspect ships visiting their ports, regardless of whether the ships Flag State is signatory or not, to verify compliance with the MLC 2006 requirements and to detain the ship if the minimum standards of the Convention are not met. CERTIFICATION AND INSPECTION Applicability The Convention requires the issuance of a Maritime Labor Certificate (MLC) and Declaration of Maritime Labor Compliance (DMLC) to ships of 500 gross tons or over: engaged in an international voyage (i.e., a voyage from a country to a port outside such a country); and flying the flag of a signatory State and operating from a port, or between ports, in another country.
ABS REGULATORY AFFAIRS: INTERNATIONAL REGULATION NEWS UPDATE,

Ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply are not subject to the MLC 2006. Maritime Labor Certificate (MLC) The MLC is to be issued to a ship by its Flag State, or by a duly authorized Recognized Organization. The period of validity is not to exceed five years from the initial verification which certifies that: the ship has been inspected in compliance with the requirements of the Convention and the provisions of the attached Declaration of Maritime Labour Compliance; and the seafarers working and living conditions correspond to the national requirements documented in the DMLC Part I. The validity of the certificate is subject to an intermediate inspection by the Flag State, or by a Recognized Organization duly authorized, to ensure ongoing compliance between inspections with the national requirements implementing this Convention. If only one intermediate inspection is carried out and the period of validity of the certificate is five years, it shall take place between the second and third anniversary dates of the certificate. The anniversary date is the day and month of each year corresponding to the date of expiry of the MLC. The scope and depth of the intermediate inspection is equal to an inspection for renewal of the certificate. The certificate shall be endorsed following satisfactory intermediate inspection: Declaration of Maritime Labor Compliance (DMLC) The DMLC is comprised of two parts and each part must address the 14 general areas related to the working and living conditions of seafarers: DMLC- Part I Part I is prepared by the Flag State and it must list the areas to be inspected, identify the national requirements that enforce the provisions of MLC 2006, refer to any ship-type specific requirements, detail any substantial equivalencies, variations, and indicate any exemption granted by the competent authority as provided in Title 3.

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ILO Maritime Labor Convention 2006

DMLC- Part II Part II is prepared by the shipowner and it must identify the measures adopted to ensure compliance with the national requirements described in Part I between inspections which should include measures for continuous improvement. 14 General Areas The 14 areas are (the areas are listed in the same order as in Appendix A5-I of the Convention) Minimum age (Reg 1.1) Medical certification (Reg 1.2) Qualifications of seafarers (Reg 1.3) Seafarer employment agreements (Reg 2.1) Use of any licensed or certified or regulated private recruitment and placement service (Reg 1.4) Hours of work or rest (Reg 2.3) Manning levels for the ship (Reg 2.7) Accommodation (Reg 3.1) On-board recreational facilities (Reg 3.1) Food and catering (Reg 3.2) Health and safety and accident prevention (Reg 4.3) On-board medical care (Reg 4.1) On-board complaint procedures (Reg 5.1.5) Payment of wages (Reg 2.2) STEPS TO CERTIFICATION Referring to Figure 1, compliance with MLC 2006 involves verification of structural and procedural requirements. Accordingly, the certification process has been divided into the following steps as described below. Plan Review Plan review needs to be completed for new ships to verify that the ship has been designed and equipped in compliance with Regulations 3.1 Accommodation and on-board recreational facilities and 3.2 Food and catering. With regard to Regulation 3.1, for ships constructed before MLC 2006 comes into force, the requirements relating to ship construction

and equipment that are set out in the Accommodation of Crews Convention (Revised), 1949 (No. 92), and the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), shall continue to apply to the extent that they were applicable under the law or practice of the Member State. Survey of Physical Conditions Upon satisfactory completion of the plan review, the surveyor is to attend the vessel to verify that ship has been constructed and equipped in accordance with the approved plans and issue a statement of fact to indicate compliance with Regulation 3.1 ILO Inspection The ILO Inspection begins with the documentation review of the DMLC. This is a desktop review to verify that DMLC Part II addresses all the requirements from the Flag State listed in DMLC Part I. Upon completion of the DMLC review, the ILO inspector is to attend the vessel to verify the implementation of the measures listed in DMLC Part II for compliance with the national requirements implementing the MLC 2006 and the issuance of the appropriate certificate.

Figure 1 Steps to Certification

Note - For additional information, contact the local ABS office or ABSs Management Systems Certification (MSC) Department in your area.

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