Notice to all Seafarers, Seafarer Representative Organisations, Ship Owners, Ship Operators, Recognised Organisations and Charterers.
The Maritime Labour Convention 2006 (MLC 2006) comes into force in Ireland on the 21st July 2015.
The Maritime Labour Convention (MLC) was adopted at the 94th International Labour Organisation’s (ILO) Maritime Session, on 23rd February 2006 in Geneva. The Convention seeks to ensure that the employment and social rights of seafarers are fully implemented. It will enter into force for Ireland on 21 July 2015, 12 months after the date on which Ireland’s ratification was registered with the ILO.
The purpose of this notice is to give guidance and details in respect of the MLC 2006 in respect of the following:
• Survey and certification of ships of 500 GT or over
• Inspection for compliance of ships less than 500 GT
• Onboard Complaint procedures – addressed in Annex I.
A list of applicable legislation and Marine Notices are listed in Annex II.
The Merchant Shipping (Maritime Labour Convention) (Flag State Inspection and Certification) Regulations 2014 (S.I. 376 of 2014) is the applicable statutory instrument in respect of the MLC 2006 for Irish flagged ships. Statutory Instrument No. 376 of 2014
The MLC 2006 will apply to all seagoing Irish ships. “seagoing”, in relation to a ship, means:#(a) a ship in respect of which a certificate is required to be in force in accordance with the Merchant Shipping (Load Lines) Act 1968 (No. 17 of 1968)
(b) a passenger boat that proceeds to sea of Class P3, P4, P5 or P6, in respect of which a passenger boat licence is required to be in force in accordance with the Act of 1992
(c) a passenger ship of Class I, II, II(A), III or VI in respect of which a passenger ship certificate is required to be in force in accordance with the Act of 1992
(d) a passenger ship of Class A, B, C or D in respect of which a passenger ship safety certificate is required to be in force in accordance with the Regulations of 2011
(e) a high-speed passenger craft in respect of which a High Speed Craft Safety Certificate and a Permit to Operate High Speed Craft outside waters of Categories A, B, C or D are required to be in force in accordance with the Regulations of 2011
(f) a Dynamically Supported Craft (“DSC”) in respect of which a DSC Construction and Equipment Certificate, and a DSC Permit to Operate High Speed Craft outside waters of Categories A, B, C or D are required to be in force in accordance with the Regulations of 2011, or
(g) any other ship that proceeds to sea beyond the limits of smooth or partially smooth waters
“ship” means any vessel, whether publicly or privately owned, which is ordinarily engaged in commercial operations, being a vessel other than a fishing vessel, warship or naval auxiliary.
See S.I. 376 of 2014 for further definitions.
All seagoing ships of 500 GT or more, as per the Regulations, are required to carry a Maritime Labour Certificate. Recognised Organisations may issue certification on behalf of the Minister, as per Regulation 7 of S.I. 376 of 2014. Those who already have Statements of Compliance issued by a Recognised Organisation, should contact that RO to exchange it for an international certificate with the same periods of validity.
Ships of less than 500 GT are not required to carry an MLC certificate but may apply for certification; it is then mandatory to comply with intermediate and renewal survey requirements. All ships less than 500 GT to which the Convention applies will be inspected at least once every three years to ensure compliance.
Survey, certification and inspection of ships
Ships of over 500 GT and ships of less than 500GT which apply for certification will be subject to the following surveys:
• Initial survey – before the issue of an MLC Certificate
• Intermediate surveys – between the second and third year of validity of the Maritime Labour Certificate to ensure on-going compliance with the MLC 2006; and
• Renewal survey – at five yearly intervals.
An interim Maritime Labour Certificate (see Regulation 12 of S.I. 376 of 2014) may be issued when a ship is:
• a new Irish ship on delivery
• transferred from the flag of another state to the State and becomes an Irish ship
• a ship the responsibility for the operation of which is new to the shipowner.
Ships of less than 500 GT that do not carry a Maritime Labour Certificate will be subject to an inspection at least once every three years. A record of the inspection is to be carried on board. Marine Surveyors from the Marine Survey Office will carry out the MLC inspection.
Online sources of information:
This notice should be read in conjunction with:
• Guidelines for flag State inspections under the Maritime Labour Convention, 2006
Guidelines for Flag State Inspections under the Maritime Labour Convention 2006
• Directive 2009/13 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC
Council Directive 2009/13/EC
• Directive 2013/54 concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006 Council Directive 2013/54/EU
The International Labour Organisation (ILO) has a dedicated online section for the MLC 2006
Maritime Labour Convention 2006