Port State Enforcement of ILO MLC: Free ICS Advisory Download

MarineLink.com
Monday, July 15, 2013
ILO IMC Guidance Brochure: Image courtesy of ICS

The International Chamber of Shipping (ICS) has issued advice to shipowners to help them pre-empt port state control problems when the Convention enters in force on 20 August 2013.

The advice – contained in a brochure which can be downloaded free of charge via the ICS website – explains the measures that port state control officers are entitled to take, which initially will vary from country to country depending upon the date when the port state ratified the Convention.
 
ICS Secretary General, Peter Hinchliffe explained: “The enforcement mechanism is new and is complicated by the fact that the MLC does not actually require flag states that have ratified the Convention to issue certification immediately. The ILO Diplomatic Conference which adopted the MLC in 2006 also adopted a Resolution agreeing that port states should take a pragmatic approach to enforcement for the first 12 months following entry into force worldwide. But it is still rather unclear how this will be applied in practice. Shipowners should therefore take sensible precautions.”

Mr Hinchliffe added: “Regardless of the progress which may or may not have been made by a vessel’s flag state, ships are required to meet the standards in the Convention. Our brochure therefore seeks to explain the current situation and the measures that operators might take to demonstrate compliance, even if they have not yet been issued with MLC certification.”
 
An important part of PSC enforcement will be the Declaration of Maritime Labour Compliance (DMLC), a part of which requires companies to complete themselves for each of their ships, and which should serve as prima facie evidence that the ship meets MLC standards.
 
ICS therefore recommends that companies prepare, for all their ships, a DMLC Part II before 20 August, in order to minimise potential difficulties should their ships be subjected to PSC enforcement under the MLC.
 
In the event that the flag state has not yet ratified the Convention, or has not yet issued ships with a DMLC Part I containing details of the national requirements with which ships should demonstrate compliance, ICS suggests that companies should nevertheless prepare a DMLC Part II for all their ships – even if this has to be adjusted once the flag state is ready to issue guidance. ICS suggests that companies can refer to the model contained in the ‘International Shipping Federation (ISF) Guidelines on the Application of the MLC’ which were produced by ICS last year.
 
ICS also recommends that ships carry evidence to show they have contacted their flag state requesting inspection for compliance with the MLC and the format required for the completion of the DMLC.
 
Mr Hinchliffe remarked: “It is incumbent on flag states, even if they have not yet ratified the ILO Convention, to provide ships with a DMLC Part I as soon as possible as well as detailed advice to shipowners about preparing the DMLC Part II and the particular national format and content that may be required. Our hope is that port states will indeed take a pragmatic approach, as requested by the ILO Conference. But ship operators should not take this for granted and should ensure that they are prepared for global entry into force as far as possible.”
 
The ICS brochure can also be downloaded free of charge at:
www.ics-shipping.org/ilopscguidance.pdf

 
 

Maritime Reporter March 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

USCG Approves Korean BWMS

Korean Register (KR) - an IACS member classification society – announces that it has been accepted by the United States Coast Guard (USCG) as an Independent Laboratory (IL) to undertake tests,

China's Air Drills Roil South China Sea Waters

China's air force conducted its first drill above the western Pacific Ocean on Monday, the Defence Ministry said, in a move that could exacerbate tensions with

Drydocks World, Maritime World Win Excellence Awards

Drydocks World and Maritime World have won the Excellence Award given by the International Maritime Club at the Golden Bells Awards 2015 - Middle East. Drydocks

Government Update

WOW at USMMA

The United States Merchant Marine Academy Hosts 7th Annual Women on the Water Conference. Last week, The United States Merchant Marine Academy (USMMA) in conjunction with the U.

Syria Taps World Wheat Market as Stocks Run Down

Weeks after Syria said it had no need for wheat imports, the government plans to import 150,000 tonnes and has introduced ways to conserve grain stocks in signs

Keppel FELS Delivers 11th Jackup to Mexico

Keppel FELS Limited (Keppel FELS), a wholly owned subsidiary of Keppel Offshore & Marine Ltd (Keppel O&M), has delivered a KFELS B Class jackup rig to Mexican national oil company,

 
 
Maritime Contracts Maritime Standards Naval Architecture Navigation Pipelines Pod Propulsion Salvage Ship Electronics Shipbuilding / Vessel Construction Sonar
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1620 sec (6 req/sec)