which have been acquired, or are in the course of acquisition, by all
seafarers regardless of residence.
9. Each Member shall establish fair and effective procedures for
the settlement of disputes.
10. Each Member shall at the time of ratification specify the
branches for which protection is provided in accordance with paragraph
2 of this Standard. It shall subsequently notify the Director-General
of the International Labour Office when it provides social security
protection in respect of one or more other branches stated in
paragraph 1 of this Standard. The Director-General shall maintain a
register of this information and shall make it available to all
interested parties.
11. The reports to the International Labour Office pursuant to
article 22 of the Constitution, shall also include information
regarding steps taken in accordance with Regulation 4.5, paragraph 2,
to extend protection to other branches.
Guideline B4.5
Social security
1. The protection to be provided at the time of ratification in
accordance with Standard A4.5, paragraph 2, should at least include
the branches of medical care, sickness benefit and employment injury
benefit.
2. In the circumstances referred to in Standard A4.5, paragraph
6, comparable benefits may be provided through insurance, bilateral
and multilateral agreements or other effective means, taking into
consideration the provisions of relevant collective bargaining
agreements. Where such measures are adopted, seafarers covered by such
measures should be advised of the means by which the various branches
of social security protection will be provided.
3. Where seafarers are subject to more than one national
legislation covering social security, the Members concerned should
cooperate in order to determine by mutual agreement which legislation
is to apply, taking into account such factors as the type and level of
protection under the respective legislations which is more favourable
to the seafarer concerned as well as the seafarer`s preference.
4. The procedures to be established under Standard A4.5,
paragraph 9, should be designed to cover all disputes relevant to the
claims of the seafarers concerned, irrespective of the manner in which
the coverage is provided.
5. Each Member which has national seafarers, non-national
seafarers or both serving on ships that fly its flag should provide
the social security protection in the Convention as applicable, and
should periodically review the branches of social security protection
in Standard A4.5, paragraph 1, with a view to identifying any
additional branches appropriate for the seafarers concerned.
6. The seafarers` employment agreement should identify the means
by which the various branches of social security protection will be
provided to the seafarer by the shipowner as well as any other
relevant information at the disposal of the shipowner, such as
statutory deductions from the seafarers` wages and shipowners`
contributions which may be made in accordance with the requirements of
identified authorized bodies pursuant to relevant national social
security schemes.
7. The Member whose flag the ship flies should, in effectively
exercising its jurisdiction over social matters, satisfy itself that
the shipowners` responsibilities concerning social security protection
are met, including making the required contributions to social
security schemes.
TITLE 5. COMPLIANCE AND ENFORCEMENT
1. The Regulations in this Title specify each Member`s
responsibility to fully implement and enforce the principles and
rights set out in the Articles of this Convention as well as the
particular obligations provided for under its Titles 1, 2, 3 and 4.
2. Paragraphs 3 and 4 of Article VI, which permit the
implementation of Part A of the Code through substantially equivalent
provisions, do not apply to Part A of the Code in this Title.
3. In accordance with paragraph 2 of Article VI, each Member
shall implement its responsibilities under the Regulations in the
manner set out in the corresponding Standards of Part A of the Code,
giving due consideration to the corresponding Guidelines in Part B of
the Code.
4. The provisions of this Title shall be implemented bearing in
mind that seafarers and shipowners, like all other persons, are equal
before the law and are entitled to the equal protection of the law and
shall not be subject to discrimination in their access to courts,
tribunals or other dispute resolution mechanisms. The provisions of
this Title do not determine legal jurisdiction or a legal venue.
Regulation 5.1
FLAG STATE RESPONSIBILITIES
Purpose: To ensure that each Member implements its
responsibilities under this Convention with respect to ships that fly
its flag
Regulation 5.1.1. GENERAL PRINCIPLES
1. Each Member is responsible for ensuring implementation of its
obligations under this Convention on ships that fly its flag.
2. Each Member shall establish an effective system for the
inspection and certification of maritime labour conditions, in
accordance with Regulations 5.1.3 and 5.1.4 ensuring that the working
and living conditions for seafarers on ships that fly its flag meet,
and continue to meet, the standards in this Convention.
3. In establishing an effective system for the inspection and
certification of maritime labour conditions, a Member may, where
appropriate, authorize public institutions or other organizations
(including those of another Member, if the latter agrees) which it
recognizes as competent and independent to carry out inspections or to
issue certificates or to do both. In all cases, the Member shall
remain fully responsible for the inspection and certification of the
working and living conditions of the seafarers concerned on ships that
fly its flag.
4. A maritime labour certificate, complemented by a declaration
of maritime labour compliance, shall constitute prima facie evidence
that the ship has been duly inspected by the Member whose flag it
flies and that the requirements of this Convention relating to working
and living conditions of the seafarers have been met to the extent so
certified.
5. Information about the system referred to in paragraph 2 of
this Regulation, including the method used for assessing its
effectiveness, shall be included in the Member`s reports to the
International Labour Office pursuant to article 22 of the
Constitution.
Standard A5.1.1
General principles
1. Each Member shall establish clear objectives and standards
covering the administration of its inspection and certification
systems, as well as adequate overall procedures for its assessment of
the extent to which those objectives and standards are being attained.
2. Each Member shall require all ships that fly its flag to have
a copy of this Convention available on board.
Guideline B5.1.1
General principles
1. The competent authority should make appropriate arrangements
to promote effective cooperation between public institutions and other
organizations, referred to in Regulations 5.1.1 and 5.1.2, concerned
with seafarers` shipboard working and living conditions.
2. In order to better ensure cooperation between inspectors and
shipowners, seafarers and their respective organizations, and to
maintain or improve seafarers` working and living conditions, the
competent authority should consult the representatives of such
organizations at regular intervals as to the best means of attaining
these ends. The manner of such consultation should be determined by
the competent authority after consulting with shipowners` and
seafarers` organizations.
Regulation 5.1.2. AUTHORIZATION OF RECOGNIZED
ORGANIZATIONS
1. The public institutions or other organizations referred to in
paragraph 3 of Regulation 5.1.1 ("recognized organizations") shall
have been recognized by the competent authority as meeting the
requirements in the Code regarding competency and independence. The
inspection or certification functions which the recognized
organizations may be authorized to carry out shall come within the
scope of the activities that are expressly mentioned in the Code as
being carried out by the competent authority or a recognized
organization.
2. The reports referred to in paragraph 5 of Regulation 5.1.1
shall contain information regarding any recognized organization, the
extent of authorizations given and the arrangements made by the Member
to ensure that the authorized activities are carried out completely
and effectively.
Standard A5.1.2
Authorization of recognized organizations
1. For the purpose of recognition in accordance with paragraph 1
of Regulation 5.1.2, the competent authority shall review the
competency and independence of the organization concerned and
determine whether the organization has demonstrated, to the extent
necessary for carrying out the activities covered by the authorization
conferred on it, that the organization:
(a) has the necessary expertise in the relevant aspects of this
Convention and an appropriate knowledge of ship operations, including
the minimum requirements for seafarers to work on a ship, conditions
of employment, accommodation, recreational facilities, food and
catering, accident prevention, health protection, medical care,
welfare and social security protection;
(b) has the ability to maintain and update the expertise of its
personnel;
(c) has the necessary knowledge of the requirements of this
Convention as well as of applicable national laws and regulations and
relevant international instruments; and
(d) is of the appropriate size, structure, experience and
capability commensurate with the type and degree of authorization.
2. Any authorizations granted with respect to inspections shall,
as a minimum, empower the recognized organization to require the
rectification of deficiencies that it identifies in seafarers` working
and living conditions and to carry out inspections in this regard at
the request of a port State.
3. Each Member shall establish:
(a) a system to ensure the adequacy of work performed by
recognized organizations, which includes information on all applicable
national laws and regulations and relevant international instruments;
and
(b) procedures for communication with and oversight of such
organizations.
4. Each Member shall provide the International Labour Office with
a current list of any recognized organizations authorized to act on
its behalf and it shall keep this list up to date. The list shall
specify the functions that the recognized organizations have been
authorized to carry out. The Office shall make the list publicly
available.
Guideline B5.1.2
Authorization of recognized organizations
1. The organization seeking recognition should demonstrate the
technical, administrative and managerial competence and capacity to
ensure the provision of timely service of satisfactory quality.
2. In evaluating the capability of an organization, the competent
authority should determine whether the organization:
(a) has adequate technical, managerial and support staff;
(b) has sufficient qualified professional staff to provide the
required service, representing an adequate geographical coverage;
(c) has proven ability to provide a timely service of
satisfactory quality; and
(d) is independent and accountable in its operations.
3. The competent authority should conclude a written agreement
with any organization that it recognizes for purposes of an
authorization. The agreement should include the following elements:
(a) scope of application;
(b) purpose;
(c) general conditions;
(d) the execution of functions under authorization;
(e) legal basis of the functions under authorization;
(f) reporting to the competent authority;
(g) specification of the authorization from the competent
authority to the recognized organization; and
(h) the competent authority`s supervision of activities delegated
to the recognized organization.
4. Each Member should require the recognized organizations to
develop a system for qualification of staff employed by them as
inspectors to ensure the timely updating of their knowledge and
expertise.
5. Each Member should require the recognized organizations to
maintain records of the services performed by them such that they are
able to demonstrate achievement of the required standards in the items
covered by the services.
6. In establishing the oversight procedures referred to in
Standard A5.1.2, paragraph 3 (b), each Member should take into account
the Guidelines for the Authorization of Organizations Acting on Behalf
of the Administration, adopted in the framework of the International
Maritime Organization.
Regulation 5.1.3. MARITIME LABOUR CERTIFICATE
AND DECLARATION OF MARITIME LABOUR COMPLIANCE
1. This Regulation applies to ships of:
(a) 500 gross tonnage or over, engaged in international voyages;
and
(b) 500 gross tonnage or over, flying the flag of a Member and
operating from a port, or between ports, in another country.
For the purpose of this Regulation, "international voyage" means
a voyage from a country to a port outside such a country.
2. This Regulation also applies to any ship that flies the flag
of a Member and is not covered by paragraph 1 of this Regulation, at
the request of the shipowner to the Member concerned.
3. Each Member shall require ships that fly its flag to carry and
maintain a maritime labour certificate certifying that the working and
living conditions of seafarers on the ship, including measures for
ongoing compliance to be included in the declaration of maritime
labour compliance referred to in paragraph 4 of this Regulation, have
been inspected and meet the requirements of national laws or
regulations or other measures implementing this Convention.
4. Each Member shall require ships that fly its flag to carry and
maintain a declaration of maritime labour compliance stating the
national requirements implementing this Convention for the working and
living conditions for seafarers and setting out the measures adopted
by the shipowner to ensure compliance with the requirements on the
ship or ships concerned.
5. The maritime labour certificate and the declaration of
maritime labour compliance shall conform to the model prescribed by
the Code.
6. Where the competent authority of the Member or a recognized
organization duly authorized for this purpose has ascertained through
inspection that a ship that flies the Member`s flag meets or continues
to meet the standards of this Convention, it shall issue or renew a
maritime labour certificate to that effect and maintain a publicly
available record of that certificate.
7. Detailed requirements for the maritime labour certificate and
the declaration of maritime labour compliance, including a list of the
matters that must be inspected and approved, are set out in Part A of
the Code.
Standard A5.1.3
Maritime labour certificate and declaration
of maritime labour compliance
1. The maritime labour certificate shall be issued to a ship by
the competent authority, or by a recognized organization duly
authorized for this purpose, for a period which shall not exceed five
years. A list of matters that must be inspected and found to meet
national laws and regulations or other measures implementing the
requirements of this Convention regarding the working and living
conditions of seafarers on ships before a maritime labour certificate
can be issued is found in Appendix A5-I.
2. The validity of the maritime labour certificate shall be
subject to an intermediate inspection by the competent authority, or
by a recognized organization duly authorized for this purpose, to
ensure continuing compliance 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. Anniversary date means the day and month of
each year which will correspond to the date of expiry of the maritime
labour certificate. The scope and depth of the intermediate inspection
shall be equal to an inspection for renewal of the certificate. The
certificate shall be endorsed following satisfactory intermediate
inspection.
3. Notwithstanding paragraph 1 of this Standard, when the renewal
inspection has been completed within three months before the expiry of
the existing maritime labour certificate, the new maritime labour
certificate shall be valid from the date of completion of the renewal
inspection for a period not exceeding five years from the date of
expiry of the existing certificate.
4. When the renewal inspection is completed more than three
months before the expiry date of the existing maritime labour
certificate, the new maritime labour certificate shall be valid for a
period not exceeding five years starting from the date of completion
of the renewal inspection.
5. A maritime labour certificate may be issued on an interim
basis:
(a) to new ships on delivery;
(b) when a ship changes flag; or
(c) when a shipowner assumes responsibility for the operation of
a ship which is new to that shipowner.
6. An interim maritime labour certificate may be issued for a
period not exceeding six months by the competent authority or a
recognized organization duly authorized for this purpose.
7. An interim maritime labour certificate may only be issued
following verification that:
(a) the ship has been inspected, as far as reasonable and
practicable, for the matters listed in Appendix A5-I, taking into
account verification of items under subparagraphs (b), (c) and (d) of
this paragraph;
(b) the shipowner has demonstrated to the competent authority or
recognized organization that the ship has adequate procedures to
comply with this Convention;
(c) the master is familiar with the requirements of this
Convention and the responsibilities for implementation; and
(d) relevant information has been submitted to the competent
authority or recognized organization to produce a declaration of
maritime labour compliance.
8. A full inspection in accordance with paragraph 1 of this
Standard shall be carried out prior to expiry of the interim
certificate to enable issue of the full-term maritime labour
certificate. No further interim certificate may be issued following
the initial six months referred to in paragraph 6 of this Standard. A
declaration of maritime labour compliance need not be issued for the
period of validity of the interim certificate.
9. The maritime labour certificate, the interim maritime labour
certificate and the declaration of maritime labour compliance shall be
drawn up in the form corresponding to the models given in Appendix
A5-II.
10. The declaration of maritime labour compliance shall be
attached to the maritime labour certificate. It shall have two parts:
(a) Part I shall be drawn up by the competent authority which
shall: (i) identify the list of matters to be inspected in accordance
with paragraph 1 of this Standard; (ii) identify the national
requirements embodying the relevant provisions of this Convention by
providing a reference to the relevant national legal provisions as
well as, to the extent necessary, concise information on the main
content of the national requirements; (iii) refer to ship-type
specific requirements under national legislation; (iv) record any
substantially equivalent provisions adopted pursuant to paragraph 3 of
Article VI; and (v) clearly indicate any exemption granted by the
competent authority as provided in Title 3; and
(b) Part II shall be drawn up by the shipowner and shall identify
the measures adopted to ensure ongoing compliance with the national
requirements between inspections and the measures proposed to ensure
that there is continuous improvement.
The competent authority or recognized organization duly
authorized for this purpose shall certify Part II and shall issue the
declaration of maritime labour compliance.
11. The results of all subsequent inspections or other
verifications carried out with respect to the ship concerned and any
significant deficiencies found during any such verification shall be
recorded, together with the date when the deficiencies were found to
have been remedied. This record, accompanied by an English-language
translation where it is not in English, shall, in accordance with
national laws or regulations, be inscribed upon or appended to the
declaration of maritime labour compliance or made available in some
other way to seafarers, flag State inspectors, authorized officers in
port States and shipowners` and seafarers` representatives.
12. A current valid maritime labour certificate and declaration
of maritime labour compliance, accompanied by an English-language
translation where it is not in English, shall be carried on the ship
and a copy shall be posted in a conspicuous place on board where it is
available to the seafarers. A copy shall be made available in
accordance with national laws and regulations, upon request, to
seafarers, flag State inspectors, authorized officers in port States,
and shipowners` and seafarers` representatives.
13. The requirement for an English-language translation in
paragraphs 11 and 12 of this Standard does not apply in the case of a
ship not engaged in an international voyage.
14. A certificate issued under paragraph 1 or 5 of this Standard
shall cease to be valid in any of the following cases:
(a) if the relevant inspections are not completed within the
periods specified under paragraph 2 of this Standard;
(b) if the certificate is not endorsed in accordance with
paragraph 2 of this Standard;
(c) when a ship changes flag;
(d) when a shipowner ceases to assume the responsibility for the
operation of a ship; and
(e) when substantial changes have been made to the structure or
equipment covered in Title 3.
15. In the case referred to in paragraph 14 (c), (d) or (e) of
this Standard, a new certificate shall only be issued when the
competent authority or recognized organization issuing the new
certificate is fully satisfied that the ship is in compliance with the
requirements of this Standard.
16. A maritime labour certificate shall be withdrawn by the
competent authority or the recognized organization duly authorized for
this purpose by the flag State, if there is evidence that the ship
concerned does not comply with the requirements of this Convention and
any required corrective action has not been taken.
17. When considering whether a maritime labour certificate should
be withdrawn in accordance with paragraph 16 of this Standard, the
competent authority or the recognized organization shall take into
account the seriousness or the frequency of the deficiencies.
Guideline B5.1.3
Maritime labour certificate and declaration
of maritime labour compliance
1. The statement of national requirements in Part I of the
declaration of maritime labour compliance should include or be
accompanied by references to the legislative provisions relating to
seafarers` working and living conditions in each of the matters listed
in Appendix A5-I. Where national legislation precisely follows the
requirements stated in this Convention, a reference may be all that is
necessary. Where a provision of the Convention is implemented through
substantial equivalence as provided under Article VI, paragraph 3,
this provision should be identified and a concise explanation should
be provided. Where an exemption is granted by the competent authority
as provided in Title 3, the particular provision or provisions
concerned should be clearly indicated.
2. The measures referred to in Part II of the declaration of
maritime labour compliance, drawn up by the shipowner, should, in
particular, indicate the occasions on which ongoing compliance with
particular national requirements will be verified, the persons
responsible for verification, the records to be taken, as well as the
procedures to be followed where non-compliance is noted. Part II may
take a number of forms. It could make reference to other more
comprehensive documentation covering policies and procedures relating
to other aspects of the maritime sector, for example documents
required by the International Safety Management (ISM) Code or the
information required by Regulation 5 of the SOLAS Convention, Chapter
XI-1 relating to the ship`s Continuous Synopsis Record.
3. The measures to ensure ongoing compliance should include
general international requirements for the shipowner and master to
keep themselves informed of the latest advances in technology and
scientific findings concerning workplace design, taking into account
the inherent dangers of seafarers` work, and to inform the seafarers`
representatives accordingly, thereby guaranteeing a better level of
protection of the seafarers` working and living conditions on board.
4. The declaration of maritime labour compliance should, above
all, be drafted in clear terms designed to help all persons concerned,
such as flag State inspectors, authorized officers in port States and
seafarers, to check that the requirements are being properly
implemented.
5. An example of the kind of information that might be contained
in a declaration of maritime labour compliance is given in Appendix
B5-I.
6. When a ship changes flag as referred to in Standard A5.1.3,
paragraph 14 (c), and where both States concerned have ratified this
Convention, the Member whose flag the ship was formerly entitled to
fly should, as soon as possible, transmit to the competent authority
of the other Member copies of the maritime labour certificate and the
declaration of maritime labour compliance carried by the ship before
the change of flag and, if applicable, copies of the relevant
inspection reports if the competent authority so requests within three
months after the change of flag has taken place.
Regulation 5.1.4. INSPECTION AND ENFORCEMENT
1. Each Member shall verify, through an effective and coordinated
system of regular inspections, monitoring and other control measures,
that ships that fly its flag comply with the requirements of this
Convention as implemented in national laws and regulations.
2. Detailed requirements regarding the inspection and enforcement
system referred to in paragraph 1 of this Regulation are set out in
Part A of the Code.
Standard A5.1.4
Inspection and enforcement
1. Each Member shall maintain a system of inspection of the
conditions for seafarers on ships that fly its flag which shall
include verification that the measures relating to working and living
conditions as set out in the declaration of maritime labour
compliance, where applicable, are being followed, and that the
requirements of this Convention are met.
2. The competent authority shall appoint a sufficient number of
qualified inspectors to fulfil its responsibilities under paragraph 1
of this Standard. Where recognized organizations have been authorized
to carry out inspections, the Member shall require that personnel
carrying out the inspection are qualified to undertake these duties
and shall provide them with the necessary legal authority to perform
their duties.
3. Adequate provision shall be made to ensure that the inspectors
have the training, competence, terms of reference, powers, status and
independence necessary or desirable so as to enable them to carry out
the verification and ensure the compliance referred to in paragraph 1
of this Standard.
4. Inspections shall take place at the intervals required by
Standard A5.1.3, where applicable. The interval shall in no case
exceed three years.
5. If a Member receives a complaint which it does not consider
manifestly unfounded or obtains evidence that a ship that flies its
flag does not conform to the requirements of this Convention or that
there are serious deficiencies in the implementation of the measures
set out in the declaration of maritime labour compliance, the Member
shall take the steps necessary to investigate the matter and ensure
that action is taken to remedy any deficiencies found.
6. Adequate rules shall be provided and effectively enforced by
each Member in order to guarantee that inspectors have the status and
conditions of service to ensure that they are independent of changes
of government and of improper external influences.
7. Inspectors, issued with clear guidelines as to the tasks to be
performed and provided with proper credentials, shall be empowered:
(a) to board a ship that flies the Member`s flag;
(b) to carry out any examination, test or inquiry which they may
consider necessary in order to satisfy themselves that the standards
are being strictly observed; and
(c) to require that any deficiency is remedied and, where they
have grounds to believe that deficiencies constitute a serious breach
of the requirements of this Convention (including seafarers` rights),
or represent a significant danger to seafarers` safety, health or
security, to prohibit a ship from leaving port until necessary actions
are taken.
8. Any action taken pursuant to paragraph 7 (c) of this Standard
shall be subject to any right of appeal to a judicial or
administrative authority.
9. Inspectors shall have the discretion to give advice instead of
instituting or recommending proceedings when there is no clear breach
of the requirements of this Convention that endangers the safety,
health or security of the seafarers concerned and where there is no
prior history of similar breaches.
10. Inspectors shall treat as confidential the source of any
grievance or complaint alleging a danger or deficiency in relation to
seafarers` working and living conditions or a violation of laws and
regulations and give no intimation to the shipowner, the shipowner`s
representative or the operator of the ship that an inspection was made
as a consequence of such a grievance or complaint.
11. Inspectors shall not be entrusted with duties which might,
because of their number or nature, interfere with effective inspection
or prejudice in any way their authority or impartiality in their
relations with shipowners, seafarers or other interested parties. In
particular, inspectors shall:
(a) be prohibited from having any direct or indirect interest in
any operation which they are called upon to inspect; and
(b) subject to appropriate sanctions or disciplinary measures,
not reveal, even after leaving service, any commercial secrets or
confidential working processes or information of a personal nature
which may come to their knowledge in the course of their duties.
12. Inspectors shall submit a report of each inspection to the
competent authority. One copy of the report in English or in the
working language of the ship shall be furnished to the master of the
ship and another copy shall be posted on the ship`s notice board for
the information of the seafarers and, upon request, sent to their
representatives.
13. The competent authority of each Member shall maintain records
of inspections of the conditions for seafarers on ships that fly its
flag. It shall publish an annual report on inspection activities
within a reasonable time, not exceeding six months, after the end of
the year.
14. In the case of an investigation pursuant to a major incident,
the report shall be submitted to the competent authority as soon as
practicable, but not later than one month following the conclusion of
the investigation.
15. When an inspection is conducted or when measures are taken
under this Standard, all reasonable efforts shall be made to avoid a
ship being unreasonably detained or delayed.
16. Compensation shall be payable in accordance with national
laws and regulations for any loss or damage suffered as a result of
the wrongful exercise of the inspectors` powers. The burden of proof
in each case shall be on the complainant.
17. Adequate penalties and other corrective measures for breaches
of the requirements of this Convention (including seafarers` rights)
and for obstructing inspectors in the performance of their duties
shall be provided for and effectively enforced by each Member.
Guideline B5.1.4
Inspection and enforcement
1. The competent authority and any other service or authority
wholly or partly concerned with the inspection of seafarers` working
and living conditions should have the resources necessary to fulfil
their functions. In particular:
(a) each Member should take the necessary measures so that duly
qualified technical experts and specialists may be called upon, as
needed, to assist in the work of inspectors; and
(b) inspectors should be provided with conveniently situated
premises, equipment and means of transport adequate for the efficient
performance of their duties.
2. The competent authority should develop a compliance and
enforcement policy to ensure consistency and otherwise guide
inspection and enforcement activities related to this Convention.
Copies of this policy should be provided to all inspectors and
relevant law-enforcement officials and should be made available to the
public and shipowners and seafarers.
3. The competent authority should establish simple procedures to
enable it to receive information in confidence concerning possible
breaches of the requirements of this Convention (including seafarers`
rights) presented by seafarers directly or by representatives of the
seafarers, and permit inspectors to investigate such matters promptly,
including:
(a) enabling masters, seafarers or representatives of the
seafarers to request an inspection when they consider it necessary;
and
(b) supplying technical information and advice to shipowners and
seafarers and organizations concerned as to the most effective means
of complying with the requirements of this Convention and of bringing
about a continual improvement in seafarers` on-board conditions.
4. Inspectors should be fully trained and sufficient in numbers
to secure the efficient discharge of their duties with due regard to:
(a) the importance of the duties which the inspectors have to
perform, in particular the number, nature and size of ships subject to
inspection and the number and complexity of the legal provisions to be
enforced;
(b) the resources placed at the disposal of the inspectors; and
(c) the practical conditions under which inspections must be
carried out in order to be effective.
5. Subject to any conditions for recruitment to the public
service which may be prescribed by national laws and regulations,
inspectors should have qualifications and adequate training to perform
their duties and where possible should have a maritime education or
experience as a seafarer. They should have adequate knowledge of
seafarers` working and living conditions and of the English language.
6. Measures should be taken to provide inspectors with
appropriate further training during their employment.
7. All inspectors should have a clear understanding of the
circumstances in which an inspection should be carried out, the scope
of the inspection to be carried out in the various circumstances
referred to and the general method of inspection.
8. Inspectors provided with proper credentials under the national
law should at a minimum be empowered:
(a) to board ships freely and without previous notice; however,
when commencing the ship inspection, inspectors should provide
notification of their presence to the master or person in charge and,
where appropriate, to the seafarers or their representatives;
(b) to question the master, seafarer or any other person,
including the shipowner or the shipowner`s representative, on any
matter concerning the application of the requirements under laws and
regulations, in the presence of any witness that the person may have
requested;
(c) to require the production of any books, log books, registers,
certificates or other documents or information directly related to
matters subject to inspection, in order to verify compliance with the
national laws and regulations implementing this Convention;
(d) to enforce the posting of notices required under the national
laws and regulations implementing this Convention;
(e) to take or remove, for the purpose of analysis, samples of
products, cargo, drinking water, provisions, materials and substances
used or handled;
(f) following an inspection, to bring immediately to the
attention of the shipowner, the operator of the ship or the master,
deficiencies which may affect the health and safety of those on board
ship;
(g) to alert the competent authority and, if applicable, the
recognized organization to any deficiency or abuse not specifically
covered by existing laws or regulations and submit proposals to them
for the improvement of the laws or regulations; and
(h) to notify the competent authority of any occupational
injuries or diseases affecting seafarers in such cases and in such
manner as may be prescribed by laws and regulations.
9. When a sample referred to in paragraph 8 (e) of this Guideline
is being taken or removed, the shipowner or the shipowner`s
representative, and where appropriate a seafarer, should be notified
or should be present at the time the sample is taken or removed. The
quantity of such a sample should be properly recorded by the
inspector.
10. The annual report published by the competent authority of
each Member, in respect of ships that fly its flag, should contain:
(a) a list of laws and regulations in force relevant to
seafarers` working and living conditions and any amendments which have
come into effect during the year;
(b) details of the organization of the system of inspection;
(c) statistics of ships or other premises subject to inspection
and of ships and other premises actually inspected;
(d) statistics on all seafarers subject to its national laws and
regulations;
(e) statistics and information on violations of legislation,
penalties imposed and cases of detention of ships; and
(f) statistics on reported occupational injuries and diseases
affecting seafarers.
Regulation 5.1.5. ON-BOARD COMPLAINT PROCEDURES
1. Each Member shall require that ships that fly its flag have
on-board procedures for the fair, effective and expeditious handling
of seafarer complaints alleging breaches of the requirements of this
Convention (including seafarers` rights).
2. Each Member shall prohibit and penalize any kind of
victimization of a seafarer for filing a complaint.
3. The provisions in this Regulation and related sections of the
Code are without prejudice to a seafarer`s right to seek redress
through whatever legal means the seafarer considers appropriate.
Standard A5.1.5
On-board complaint procedures
1. Without prejudice to any wider scope that may be given in
national laws or regulations or collective agreements, the on-board
procedures may be used by seafarers to lodge complaints relating to
any matter that is alleged to constitute a breach of the requirements
of this Convention (including seafarers` rights).
2. Each Member shall ensure that, in its laws or regulations,
appropriate on board complaint procedures are in place to meet the
requirements of Regulation 5.1.5. Such procedures shall seek to
resolve complaints at the lowest level possible. However, in all
cases, seafarers shall have a right to complain directly to the master
and, where they consider it necessary, to appropriate external
authorities.
3. The on-board complaint procedures shall include the right of
the seafarer to be accompanied or represented during the complaints
procedure, as well as safeguards against the possibility of
victimization of seafarers for filing complaints. The term
"victimization" covers any adverse action taken by any person with
respect to a seafarer for lodging a complaint which is not manifestly
vexatious or maliciously made.
4. In addition to a copy of their seafarers` employment
agreement, all seafarers shall be provided with a copy of the on-board
complaint procedures applicable on the ship. This shall include
contact information for the competent authority in the flag State and,
where different, in the seafarers` country of residence, and the name
of a person or persons on board the ship who can, on a confidential
basis, provide seafarers with impartial advice on their complaint and
otherwise assist them in following the complaint procedures available
to them on board the ship.
Guideline B5.1.5
On-board complaint procedures
1. Subject to any relevant provisions of an applicable collective
agreement, the competent authority should, in close consultation with
shipowners` and seafarers` organizations, develop a model for fair,
expeditious and well-documented on-board complaint-handling procedures
for all ships that fly the Member`s flag. In developing these
procedures the following matters should be considered:
(a) many complaints may relate specifically to those individuals
to whom the complaint is to be made or even to the master of the ship.
In all cases seafarers should also be able to complain directly to the
master and to make a complaint externally; and
(b) in order to help avoid problems of victimization of seafarers
making complaints about matters under this Convention, the procedures
should encourage the nomination of a person on board who can advise
seafarers on the procedures available to them and, if requested by the
complainant seafarer, also attend any meetings or hearings into the
subject matter of the complaint.
2. At a minimum the procedures discussed during the consultative
process referred to in paragraph 1 of this Guideline should include
the following:
(a) complaints should be addressed to the head of the department
of the seafarer lodging the complaint or to the seafarer`s superior
officer;
(b) the head of department or superior officer should then
attempt to resolve the matter within prescribed time limits
appropriate to the seriousness of the issues involved;
(c) if the head of department or superior officer cannot resolve
the complaint to the satisfaction of the seafarer, the latter may
refer it to the master, who should handle the matter personally;
(d) seafarers should at all times have the right to be
accompanied and to be represented by another seafarer of their choice
on board the ship concerned;
(e) all complaints and the decisions on them should be recorded
and a copy provided to the seafarer concerned;
(f) if a complaint cannot be resolved on board, the matter should
be referred ashore to the shipowner, who should be given an
appropriate time limit for resolving the matter, where appropriate, in
consultation with the seafarers concerned or any person they may
appoint as their representative; and
(g) in all cases seafarers should have a right to file their
complaints directly with the master and the shipowner and competent
authorities.
Regulation 5.1.6. MARINE CASUALTIES
1. Each Member shall hold an official inquiry into any serious
marine casualty, leading to injury or loss of life, that involves a
ship that flies its flag. The final report of an inquiry shall
normally be made public.
2. Members shall cooperate with each other to facilitate the
investigation of serious marine casualties referred to in paragraph 1
of this Regulation.
Standard A5.1.6
Marine casualties
(No provisions)
Guideline B5.1.6
Marine casualties
(No provisions)
Regulation 5.2
PORT STATE RESPONSIBILITIES
Purpose: To enable each Member to implement its responsibilities
under this Convention regarding international cooperation in the
implementation and enforcement of the Convention standards on foreign
ships
Regulation 5.2.1. INSPECTIONS IN PORT
1. Every foreign ship calling, in the normal course of its
business or for operational reasons, in the port of a Member may be
the subject of inspection in accordance with paragraph 4 of Article V
for the purpose of reviewing compliance with the requirements of this
Convention (including seafarers` rights) relating to the working and
living conditions of seafarers on the ship.
2. Each Member shall accept the maritime labour certificate and
the declaration of maritime labour compliance required under
Regulation 5.1.3 as prima facie evidence of compliance with the
requirements of this Convention (including seafarers` rights).
Accordingly, the inspection in its ports shall, except in the
circumstances specified in the Code, be limited to a review of the
certificate and declaration.
3. Inspections in a port shall be carried out by authorized
officers in accordance with the provisions of the Code and other
applicable international arrangements governing port State control
inspections in the Member. Any such inspection shall be limited to
verifying that the matter inspected is in conformity with the relevant
requirements set out in the Articles and Regulations of this
Convention and in Part A only of the Code.
4. Inspections that may be carried out in accordance with this
Regulation shall be based on an effective port State inspection and
monitoring system to help ensure that the working and living
conditions for seafarers on ships entering a port of the Member
concerned meet the requirements of this Convention (including
seafarers` rights).
5. Information about the system referred to in paragraph 4 of
this Regulation, including the method used for assessing its
effectiveness, shall be included in the Member`s reports pursuant to
article 22 of the Constitution.
Standard A5.2.1
Inspections in port
1. Where an authorized officer, having come on board to carry out
an inspection and requested, where applicable, the maritime labour
certificate and the declaration of maritime labour compliance, finds
that:
(a) the required documents are not produced or maintained or are
falsely maintained or that the documents produced do not contain the
information required by this Convention or are otherwise invalid; or
(b) there are clear grounds for believing that the working and
living conditions on the ship do not conform to the requirements of
this Convention; or
(c) there are reasonable grounds to believe that the ship has
changed flag for the purpose of avoiding compliance with this
Convention; or
(d) there is a complaint alleging that specific working and
living conditions on the ship do not conform to the requirements of
this Convention;
a more detailed inspection may be carried out to ascertain the
working and living conditions on board the ship. Such inspection shall
in any case be carried out where the working and living conditions
believed or alleged to be defective could constitute a clear hazard to
the safety, health or security of seafarers or where the authorized
officer has grounds to believe that any deficiencies constitute a
serious breach of the requirements of this Convention (including
seafarers` rights).
2. Where a more detailed inspection is carried out on a foreign
ship in the port of a Member by authorized officers in the
circumstances set out in subparagraph (a), (b) or (c) of paragraph 1
of this Standard, it shall in principle cover the matters listed in
Appendix A5-III.
3. In the case of a complaint under paragraph 1 (d) of this
Standard, the inspection shall generally be limited to matters within
the scope of the complaint, although a complaint, or its
investigation, may provide clear grounds for a detailed inspection in
accordance with paragraph 1 (b) of this Standard. For the purpose of
paragraph 1 (d) of this Standard, "complaint" means information
submitted by a seafarer, a professional body, an association, a trade
union or, generally, any person with an interest in the safety of the
ship, including an interest in safety or health hazards to seafarers
on board.
4. Where, following a more detailed inspection, the working and
living conditions on the ship are found not to conform to the
requirements of this Convention, the authorized officer shall
forthwith bring the deficiencies to the attention of the master of the
ship, with required deadlines for their rectification. In the event
that such deficiencies are considered by the authorized officer to be
significant, or if they relate to a complaint made in accordance with
paragraph 3 of this Standard, the authorized officer shall bring the
deficiencies to the attention of the appropriate seafarers` and
shipowners` organizations in the Member in which the inspection is
carried out, and may:
(a) notify a representative of the flag State;
(b) provide the competent authorities of the next port of call
with the relevant information.
5. The Member in which the inspection is carried out shall have
the right to transmit a copy of the officer`s report, which must be
accompanied by any reply received from the competent authorities of
the flag State within the prescribed deadline, to the Director-General
of the International Labour Office with a view to such action as may
be considered appropriate and expedient in order to ensure that a
record is kept of such information and that it is brought to the
attention of parties which might be interested in availing themselves
of relevant recourse procedures.
6. Where, following a more detailed inspection by an authorized
officer, the ship is found not to conform to the requirements of this
Convention and:
(a) the conditions on board are clearly hazardous to the safety,
health or security of seafarers; or
(b) the non-conformity constitutes a serious or repeated breach
of the requirements of this Convention (including seafarers` rights);
the authorized officer shall take steps to ensure that the ship
shall not proceed to sea until any non-conformities that fall within
the scope of subparagraph (a) or (b) of this paragraph have been
rectified, or until the authorized officer has accepted a plan of
action to rectify such non-conformities and is satisfied that the plan
will be implemented in an expeditious manner. If the ship is prevented
from sailing, the authorized officer shall forthwith notify the flag
State accordingly and invite a representative of the flag State to be
present, if possible, requesting the flag State to reply within a
prescribed deadline. The authorized officer shall also inform
forthwith the appropriate shipowners` and seafarers` organizations in
the port State in which the inspection was carried out.
7. Each Member shall ensure that its authorized officers are
given guidance, of the kind indicated in Part B of the Code, as to the
kinds of circumstances justifying detention of a ship under paragraph
6 of this Standard.
8. When implementing their responsibilities under this Standard,
each Member shall make all possible efforts to avoid a ship being
unduly detained or delayed. If a ship is found to be unduly detained
or delayed, compensation shall be paid for any loss or damage
suffered. The burden of proof in each case shall be on the
complainant.
Guideline B5.2.1
Inspections in port
1. The competent authority should develop an inspection policy
for authorized officers carrying out inspections under Regulation
5.2.1. The objective of the policy should be to ensure consistency and
to otherwise guide inspection and enforcement activities related to
the requirements of this Convention (including seafarers` rights).
Copies of this policy should be provided to all authorized officers
and should be available to the public and shipowners and seafarers.
2. When developing a policy relating to the circumstances
warranting a detention of the ship under Standard A5.2.1, paragraph 6,
of the competent authority should consider that, with respect to the
breaches referred to in Standard A5.2.1, paragraph 6 (b), the
seriousness could be due to the nature of the deficiency concerned.
This would be particularly relevant in the case of the violation of
fundamental rights and principles or seafarers` employment and social
rights under Articles III and IV. For example, the employment of a
person who is under age should be considered as a serious breach even
if there is only one such person on board. In other cases, the number
of different defects found during a particular inspection should be
taken into account: for example, several instances of defects relating
to accommodation or food and catering which do not threaten safety or
health might be needed before they should be considered as
constituting a serious breach.
3. Members should cooperate with each other to the maximum extent
possible in the adoption of internationally agreed guidelines on
inspection policies, especially those relating to the circumstances
warranting the detention of a ship.
Regulation 5.2.2. ONSHORE SEAFARER
COMPLAINT-HANDLING PROCEDURES
1. Each Member shall ensure that seafarers on ships calling at a
port in the Member`s territory who allege a breach of the requirements
of this Convention (including seafarers` rights) have the right to
report such a complaint in order to facilitate a prompt and practical
means of redress.
Standard A5.2.2
Onshore seafarer complaint-handling procedures
1. A complaint by a seafarer alleging a breach of the
requirements of this Convention (including seafarers` rights) may be
reported to an authorized officer in the port at which the seafarer`s
ship has called. In such cases, the authorized officer shall undertake
an initial investigation.
2. Where appropriate, given the nature of the complaint, the
initial investigation shall include consideration of whether the
on-board complaint procedures provided under Regulation 5.1.5 have
been explored. The authorized officer may also conduct a more detailed
inspection in accordance with Standard A5.2.1.
3. The authorized officer shall, where appropriate, seek to
promote a resolution of the complaint at the ship-board level.
4. In the event that the investigation or the inspection provided
under this Standard reveals a non-conformity that falls within the
scope of paragraph 6 of Standard A5.2.1, the provisions of that
paragraph shall be applied.
5. Where the provisions of paragraph 4 of this Standard do not
apply, and the complaint has not been resolved at the ship-board
level, the authorized officer shall forthwith notify the flag State,
seeking, within a prescribed deadline, advice and a corrective plan of
action.
6. Where the complaint has not been resolved following action
taken in accordance with paragraph 5 of this Standard, the port State
shall transmit a copy of the authorized officer`s report to the
Director-General. The report must be accompanied by any reply received
within the prescribed deadline from the competent authority of the
flag State. The appropriate shipowners` and seafarers` organizations
in the port State shall be similarly informed. In addition, statistics
and information regarding complaints that have been resolved shall be
regularly submitted by the port State to the Director-General. Both
such submissions are provided in order that, on the basis of such
action as may be considered appropriate and expedient, a record is
kept of such information and is brought to the attention of parties,
including shipowners` and seafarers` organizations, which might be
interested in availing themselves of relevant recourse procedures.
7. Appropriate steps shall be taken to safeguard the
confidentiality of complaints made by seafarers.
Guideline B5.2.2
Onshore seafarer complaint-handling procedures
1. Where a complaint referred to in Standard A5.2.2 is dealt with
by an authorized officer, the officer should first check whether the
complaint is of a general nature which concerns all seafarers on the
ship, or a category of them, or whether it relates only to the
individual case of the seafarer concerned.
2. If the complaint is of a general nature, consideration should
be given to undertaking a more detailed inspection in accordance with
Standard A5.2.1.
3. If the complaint relates to an individual case, an examination
of the results of any on-board complaint procedures for the resolution
of the complaint concerned should be undertaken. If such procedures
have not been explored, the authorized officer should suggest that the
complainant take advantage of any such procedures available. There
should be good reasons for considering a complaint before any on-board
complaint procedures have been explored. These would include the
inadequacy of, or undue delay in, the internal procedures or the
complainant`s fear of reprisal for lodging a complaint.
4. In any investigation of a complaint, the authorized officer
should give the master, the shipowner and any other person involved in
the complaint a proper opportunity to make known their views.
5. In the event that the flag State demonstrates, in response to
the notification by the port State in accordance with paragraph 5 of
Standard A5.2.2, that it will handle the matter, and that it has in
place effective procedures for this purpose and has submitted an
acceptable plan of action, the authorized officer may refrain from any
further involvement with the complaint.
Regulation 5.3
LABOUR-SUPPLYING RESPONSIBILITIES
Purpose: To ensure that each Member implements its
responsibilities under this Convention as pertaining to seafarer
recruitment and placement and the social protection of its seafarers
1. Without prejudice to the principle of each Member`s
responsibility for the working and living conditions of seafarers on
ships that fly its flag, the Member also has a responsibility to
ensure the implementation of the requirements of this Convention
regarding the recruitment and placement of seafarers as well as the
social security protection of seafarers that are its nationals or are
resident or are otherwise domiciled in its territory, to the extent
that such responsibility is provided for in this Convention.
2. Detailed requirements for the implementation of paragraph 1 of
this Regulation are found in the Code.
3. Each Member shall establish an effective inspection and
monitoring system for enforcing its labour-supplying responsibilities
under this Convention.
4. Information about the system referred to in paragraph 3 of
this Regulation, including the method used for assessing its
effectiveness, shall be included in the Member`s reports pursuant to
article 22 of the Constitution.
Standard A5.3
Labour-supplying responsibilities
1. Each Member shall enforce the requirements of this Convention
applicable to the operation and practice of seafarer recruitment and
placement services established on its territory through a system of
inspection and monitoring and legal proceedings for breaches of
licensing and other operational requirements provided for in Standard
A1.4.
Guideline B5.3
Labour-supplying responsibilities
1. Private seafarer recruitment and placement services
established in the Member`s territory and securing the services of a
seafarer for a shipowner, wherever located, should be required to
assume obligations to ensure the proper fulfilment by shipowners of
the terms of their employment agreements concluded with seafarers.
Appendix A5-I
The working and living conditions of seafarers that must be
inspected and approved by the flag State before certifying a ship in
accordance with Standard A5.1.3, paragraph 1:
Minimum age
Medical certification
Qualifications of seafarers
Seafarers` employment agreements
Use of any licensed or certified or regulated private recruitment
and placement service
Hours of work or rest
Manning levels for the ship
Accommodation
On-board recreational facilities
Food and catering
Health and safety and accident prevention
On-board medical care
On-board complaint procedures
Payment of wages
Appendix A5-II
MARITIME LABOUR CERTIFICATE
(Note: This Certificate shall have a Declaration
of Maritime Labour Compliance attached)
Issued under the provisions of Article V and Title 5 of the Maritime
Labour Convention, 2006
(referred to below as "the Convention")
under the authority of the Government of:
......................................................................
(full designation of the State whose flag the ship
is entitled to fly)
by....................................................................
(full designation and address of the competent authority
or recognized organization duly authorized under the provisions
of the Convention)
Particulars of the ship
Name of ship..........................................................
Distinctive number or letters.........................................
Port of registry......................................................
Date of registry......................................................
Gross tonnage <*>.....................................................
IMO number............................................................
Type of ship..........................................................
Name and address of the shipowner <**>................................
......................................................................
......................................................................
This is to certify:
1. That this ship has been inspected and verified to be in
compliance with the requirements of the Convention, and the provisions
of the attached Declaration of Maritime Labour Compliance.
2. That the seafarers` working and living conditions specified in
Appendix A5-I of the Convention were found to correspond to the
abovementioned country`s national requirements implementing the
Convention. These national requirements are summarized in the
Declaration of Maritime Labour Compliance, Part I.
This Certificate is valid until .......... subject to inspections
in accordance with Standards A5.1.3 and A5.1.4 of the Convention.
This Certificate is valid only when the Declaration of Maritime
Labour Compliance issued
at............................ on........................ is attached.
Completion date of the inspection on which this Certificate
is based was..........................................................
Issued at..................... on.....................................
Signature of the duly authorized official issuing the Certificate
(Seal or stamp of issuing authority, as appropriate)
Endorsements for mandatory intermediate inspection and, if
required, any additional inspection
This is to certify that the ship was inspected in accordance with
Standards A5.1.3 and A5.1.4 of the Convention and that the seafarers`
working and living conditions specified in Appendix A5-I of the
Convention were found to correspond to the above-mentioned country`s
national requirements implementing the Convention.
Intermediate inspection: Signed............................
(to be completed between (Signature of authorized official)
the second and third
anniversary dates) Place.............................
Date..............................
(Seal or stamp of the authority,
as appropriate)
Additional endorsements (if required)
This is to certify that the ship was the subject of an additional
inspection for the purpose of verifying that the ship continued to be
in compliance with the national requirements implementing the
Convention, as required by Standard A3.1, paragraph 3, of the
Convention (re-registration or substantial alteration of
accommodation) or for other reasons.
Additional inspection: Signed............................
(if required) (Signature of authorized official)
Place.............................
Date..............................
(Seal or stamp of the authority,
as appropriate)
Additional inspection: Signed............................
(if required) (Signature of authorized official)
Place.............................
Date..............................
(Seal or stamp of the authority,
as appropriate)
Additional inspection: Signed............................
(if required) (Signature of authorized official)
Place.............................
Date..............................
(Seal or stamp of the authority,
as appropriate)
--------------------------------
<*> For ships covered by the tonnage measurement interim scheme
adopted by the IMO, the gross tonnage is that which is included in the
REMARKS column of the International Tonnage Certificate (1969). See
Article II (1) (c) of the Convention.
<**> Shipowner means the owner of the ship or another
organization or person, such as the manager, agent or bareboat
charterer, who has assumed the responsibility for the operation of the
ship from the owner and who, on assuming such responsibility, has
agreed to take over the duties and responsibilities imposed on
shipowners in accordance with this Convention, regardless of whether
any other organizations or persons fulfil certain of the duties or
responsibilities on behalf of the shipowner. See Article II (1) (j) of
the Convention.
MARITIME LABOUR CONVENTION, 2006
DECLARATION
OF MARITIME LABOUR COMPLIANCE - PART I
(Note: This Declaration must be attached
to the ship`s Maritime Labour Certificate)
Issued under the authority of: ............. (insert name of
competent authority as defined in Article II, paragraph 1 (a), of the
Convention)
With respect to the provisions of the Maritime Labour Convention,
2006, the following referenced ship:
----------------------------------------------------------------------
| Name of ship | IMO number | Gross tonnage |
|------------------------|---------------|---------------------------|
| | | |
|------------------------|---------------|---------------------------|
| | | |
|------------------------|---------------|---------------------------|
| | | |
|------------------------|---------------|---------------------------|
| | | |
----------------------------------------------------------------------
is maintained in accordance with Standard A5.1.3 of the
Convention.
The undersigned declares, on behalf of the abovementioned
competent authority, that:
(a) the provisions of the Maritime Labour Convention are fully
embodied in the national requirements referred to below;
(b) these national requirements are contained in the national
provisions referenced below; explanations concerning the content of
those provisions are provided where necessary;
(c) the details of any substantial equivalencies under Article
VI, paragraphs 3 and 4, are provided <under the corresponding national
requirement listed below> <in the section provided for this purpose
below> (strike out the statement which is not applicable);
(d) any exemptions granted by the competent authority in
accordance with Title 3 are clearly indicated in the section provided
for this purpose below; and
(e) any ship-type specific requirements under national
legislation are also referenced under the requirements concerned.
1. Minimum age (Regulation 1.1).......................................
2. Medical certification (Regulation 1.2).............................
3. Qualifications of seafarers (Regulation 1.3).......................
4. Seafarers` employment agreements (Regulation 2.1)..................
5. Use of any licensed or certified or regulated private recruitment
and placement service (Regulation 1.4)................................
6. Hours of work or rest (Regulation 2.3).............................
7. Manning levels for the ship (Regulation 2.7).......................
8. Accommodation (Regulation 3.1).....................................
9. On-board recreational facilities (Regulation 3.1)..................
10. Food and catering (Regulation 3.2)................................
11. Health and safety and accident prevention (Regulation 4.3)........
12. On-board medical care (Regulation 4.1)............................
13. On-board complaint procedures (Regulation 5.1.5)..................
14. Payment of wages (Regulation 2.2).................................
Name:...............................
Title:..............................
Signature:..........................
Place:..............................
Date:...............................
(Seal or stamp of the authority,
as appropriate)
Substantial equivalencies
(Note: Strike out the statement which is not applicable)
The following substantial equivalencies, as provided under
Article VI, paragraphs 3 and 4, of the Convention, except where stated
above, are noted (insert description if applicable):
......................................................................
......................................................................
No equivalency has been granted.
Name:...........................
Title:..........................
Signature:......................
Place:..........................
Date:...........................
(Seal or stamp of the authority,
as appropriate)
Exemptions
(Note: Strike out the statement which is not applicable)
The following exemptions granted by the competent authority as
provided in Title 3 of the Convention are noted:
......................................................................
......................................................................
No exemption has been granted.
Name:...........................
Title:..........................
Signature:......................
Place:..........................
Date:...........................
(Seal or stamp of the authority,
as appropriate)
DECLARATION
OF MARITIME LABOUR COMPLIANCE - PART II
Measures adopted to ensure ongoing
compliance between inspections
The following measures have been drawn up by the shipowner, named
in the Maritime Labour Certificate to which this Declaration is
attached, to ensure ongoing compliance between inspections:
(State below the measures drawn up to ensure compliance with each
of the items in Part I)
1. Minimum age (Regulation 1.1) ---
...............................................................|-|
2. Medical certification (Regulation 1.2) ---
...............................................................|-|
3. Qualifications of seafarers (Regulation 1.3) ---
...............................................................|-|
4. Seafarers` employment agreements (Regulation 2.1) ---
...............................................................|-|
5. Use of any licensed or certified or regulated private ---
recruitment and placement service (Regulation 1.4).............|-|
6. Hours of work or rest (Regulation 2.3) ---
...............................................................|-|
7. Manning levels for the ship (Regulation 2.7) ---
...............................................................|-|
8. Accommodation (Regulation 3.1) ---
...............................................................|-|
9. On-board recreational facilities (Regulation 3.1) ---
...............................................................|-|
10. Food and catering (Regulation 3.2) ---
...............................................................|-|
11. Health and safety and accident prevention (Regulation 4.3) ---
...............................................................|-|
12. On-board medical care (Regulation 4.1) ---
...............................................................|-|
13. On-board complaint procedures (Regulation 5.1.5) ---
...............................................................|-|
14. Payment of wages (Regulation 2.2) ---
...............................................................|-|
I hereby certify that the above measures have been drawn up to
ensure ongoing compliance, between inspections, with the requirements
listed in Part I.
Name of shipowner: <*>.................
.......................................
Company address:.......................
.......................................
Name of the authorized signatory:......
.......................................
Title:.................................
Signature of the authorized signatory:
.......................................
Date:..................................
(Stamp or seal of the shipowner <*>)
The above measures have been reviewed by (insert name of
competent authority or duly recognized organization) and, following
inspection of the ship, have been determined as meeting the purposes
set out under Standard A5.1.3, paragraph 10 (b), regarding measures to
ensure initial and ongoing compliance with the requirements set out in
Part I of this Declaration.
Name:..................................
Title:.................................
Address:...............................
.......................................
.......................................
Signature:.............................
Place:.................................
Date:..................................
(Seal or stamp of the authority,
as appropriate)
--------------------------------
<*> Shipowner means the owner of the ship or another organization
or person, such as the manager, agent or bareboat charterer, who has
assumed the responsibility for the operation of the ship from the
owner and who, on assuming such responsibility, has agreed to take
over the duties and responsibilities imposed on shipowners in
accordance with this Convention, regardless of whether any other
organizations or persons fulfil certain of the duties or
responsibilities on behalf of the shipowner. See Article II (1) (j) of
the Convention.
INTERIM MARITIME LABOUR CERTIFICATE
Issued under the provisions of Article V and Title 5 of the Maritime
Labour Convention, 2006
(referred to below as "the Convention")
under the authority of the Government of:
......................................................................
(full designation of the State whose flag the ship is entitled
to fly)
by ...................................................................
(full designation and address of the competent authority
or recognized organization duly authorized under
the provisions of the Convention)
Particulars of the ship
Name of ship..........................................................
Distinctive number or letters.........................................
Port of registry......................................................
Date of registry......................................................
Gross tonnage <*>.....................................................
IMO number............................................................
Type of ship..........................................................
Name and address of the shipowner <**>................................
......................................................................
This is to certify, for the purposes of Standard A5.1.3,
paragraph 7, of the Convention, that:
(a) this ship has been inspected, as far as reasonable and
practicable, for the matters listed in Appendix A5-I to the
Convention, taking into account verification of items under (b), (c)
and (d) below;
(b) the shipowner has demonstrated to the competent authority or
recognized organization that the ship has adequate procedures to
comply with the Convention;
(c) the master is familiar with the requirements of the
Convention and the responsibilities for implementation; and
(d) relevant information has been submitted to the competent
authority or recognized organization to produce a Declaration of
Maritime Labour Compliance.
This Certificate is valid until ........... subject to
inspections in accordance with Standards A5.1.3 and A5.1.4.
Completion date of the inspection referred to under (a)
above was...............
Issued at....................... on...........................
Signature of the duly authorized official
issuing the interim certificate...............................
(Seal or stamp of issuing authority, as appropriate)
--------------------------------
<*> For ships covered by the tonnage measurement interim scheme
adopted by the IMO, the gross tonnage is that which is included in the
REMARKS column of the International Tonnage Certificate (1969). See
Article II (1) (c) of the Convention.
<**> Shipowner means the owner of the ship or another
organization or person, such as the manager, agent or bareboat
charterer, who has assumed the responsibility for the operation of the
ship from the owner and who, on assuming such responsibility, has
agreed to take over the duties and responsibilities imposed on
shipowners in accordance with this Convention, regardless of whether
any other organizations or persons fulfil certain of the duties or
responsibilities on behalf of the shipowner. See Article II (1) (j) of
the Convention.
Appendix A5-III
General areas that are subject to a detailed inspection by an
authorized officer in a port of a Member carrying out a port State
inspection pursuant to Standard A5.2.1:
Minimum age
Medical certification
Qualifications of seafarers
Seafarers` employment agreements
Use of any licensed or certified or regulated private recruitment
and placement service
Hours of work or rest
Manning levels for the ship
Accommodation
On-board recreational facilities
Food and catering
Health and safety and accident prevention
On-board medical care
On-board complaint procedures
Payment of wages
Appendix B5-I
EXAMPLE OF A NATIONAL DECLARATION
See Guideline B5.1.3, paragraph 5
MARITIME LABOUR CONVENTION, 2006
DECLARATION
OF MARITIME LABOUR COMPLIANCE - PART I
(Note: This Declaration must be attached
to the ship`s Maritime Labour Certificate)
Issued under the authority of: The Ministry of Maritime Transport
of Xxxxxx
With respect to the provisions of the Maritime Labour Convention,
2006, the following referenced ship:
--------------------------------------------------
|Name of ship | IMO number | Gross tonnage |
|---------------|---------------|----------------|
|M.S. EXAMPLE | 12345 | 1,000 |
--------------------------------------------------
is maintained in accordance with Standard A5.1.3 of the
Convention.
The undersigned declares, on behalf of the abovementioned
competent authority, that:
(a) the provisions of the Maritime Labour Convention are fully
embodied in the national requirements referred to below;
(b) these national requirements are contained in the national
provisions referenced below; explanations concerning the content of
those provisions are provided where necessary;
(c) the details of any substantial equivalencies under Article
VI, paragraphs 3 and 4, are provided <under the corresponding national
requirement listed below> <in the section provided for this purpose
below> (strike out the statement which is not applicable);
(d) any exemptions granted by the competent authority in
accordance with Title 3 are clearly indicated in the section provided
for this purpose below; and
(e) any ship-type specific requirements under national
legislation are also referenced under the requirements concerned.
1. Minimum age (Regulation 1.1)
Shipping Law, No. 123 of 1905, as amended ("Law"), Chapter X;
Shipping Regulations ("Regulations"), 2006, Rules 1111 - 1222.
Minimum ages are those referred to in the Convention.
"Night" means 9 p.m. to 6 a.m. unless the Ministry of Maritime
Transport ("Ministry") approves a different period.
Examples of hazardous work restricted to 18-year-olds or over are
listed in Schedule A hereto. In the case of cargo ships, no one under
18 may work in the areas marked on the ship`s plan (to be attached to
this Declaration) as "hazardous area".
2. Medical certification (Regulation 1.2)
Law, Chapter XI; Regulations, Rules 1223 - 1233.
Medical certificates shall conform to the STCW requirements,
where applicable; in other cases, the STCW requirements are applied
with any necessary adjustments.
Qualified opticians on list approved by Ministry may issue
certificates concerning eyesight.
Medical examinations follow the ILO/WHO Guidelines referred to in
Guideline B1.2.1
......................................................................
......................................................................
DECLARATION
OF MARITIME LABOUR COMPLIANCE - PART II
Measures adopted to ensure ongoing compliance
between inspections
The following measures have been drawn up by the shipowner, named
in the Maritime Labour Certificate to which this Declaration is
attached, to ensure ongoing compliance between inspections:
(State below the measures drawn up to ensure compliance with each
of the items in Part I)
-----
1. Minimum age (Regulation 1.1) | X |
-----
Date of birth of each seafarer is noted against his/her name on
the crew list.
The list is checked at the beginning of each voyage by the master
or officer acting on his or her behalf ("competent officer"), who
records the date of such verification.
Each seafarer under 18 receives, at the time of engagement, a
note prohibiting him/her from performing night work or the work
specifically listed as hazardous (see Part I, section 1, above) and
any other hazardous work, and requiring him/her to consult the
competent officer in case of doubt. A copy of the note, with the
seafarer`s signature under "received and read", and the date of
signature, is kept by the competent officer.
-----
2. Medical certification (Regulation 1.2) | X |
-----
The medical certificates are kept in strict confidence by the
competent officer, together with a list, prepared under the competent
officer`s responsibility and stating for each seafarer on board: the
functions of the seafarer, the date of the current medical
certificate(s) and the health status noted on the certificate
concerned.
In any case of possible doubt as to whether the seafarer is
medically fit for a particular function or functions, the competent
officer consults the seafarer`s doctor or another qualified
practitioner and records a summary of the practitioner`s conclusions,
as well as the practitioner`s name and telephone number and the date
of the consultation.
......................................................................
......................................................................
|