Lloyd's Statutory Alert:
12 months until the ILO Maritime Labour Convention, 2006 comes into force.
Applicabilty: All shipowners and operators
On 20 August, 2012, the Philippines ratified the Maritime Labour Convention (MLC), 2006. Thirty members of the International Labour Organisation (ILO), with a total share in the world gross tonnage of ships of more than 33 per cent, have now ratified the Convention. This means that the Convention will come into force on 20 August, 2013. A full list of members that have ratified the Convention is contained below.*
Owners and managers now have 12 months to comply with the requirements of the MLC, 2006 and to obtain certification for ships flagged by members that have ratified the Convention:
• of 500 gt or over, engaged in international voyages; and
• of 500 gt or over, flying the flag of a member and operating from a port, or between ports, in another country.
The following steps are to be taken to obtain certification:
• apply for a Declaration of Maritime Labour Compliance (DMLC) Part I from the flag state, in accordance with flag state instructions
• prepare the Declaration of Maritime Labour Compliance (DMLC) Part II
• ensure the ship is fully compliant with the requirements of the MLC and DMLC Part I and II
• arrange an initial ILO MLC inspection of the ship by the flag state or a recognised organisation (RO).
Where flag states are not yet issuing DMLC Part I, owners and managers are urged to proceed with the preparation of DMLC Part II against the requirements of the MLC, 2006 to ensure that they are better prepared to achieve compliance and certification of their ships on time. Lloyd's Register's ILO MLC, 2006 checklists can be used for this purpose. The checklists detail everything in the Convention that has to be addressed and indicate where compliance with national legislation is required.
Lloyd’s Register (LR) is fully prepared for the implementation of MLC, 2006. We have a worldwide network of ILO MLC, 2006 Inspectors operated through our Marine Management Systems network and supported by seven ILO Specialists in strategic global locations. LR has been assisting companies to prepare for the MLC, 2006 for over three years, including full company-wide compliance reviews, individual vessel trial inspections and a range of training courses.
The services LR provide include:
• review of the DMLC Part II
• inspections to the MLC, 2006 and issue of inspection reports
• issue of the Maritime Labour Certificate on behalf of flags which have ratified the Convention, where LR has been authorised as an RO
• training for shore personnel
• training for ship’s staff
• audits of manning agents.
When a company is establishing the measures they will take to comply with MLC, 2006 requirements, they often find they already comply with many requirements of the Convention. It is, however, important to identify the areas where compliance is not yet achieved. It should be noted that for some requirements, for example medical certificates, the documents or forms used are not under the company's direct control and any issues arising may not be easy to resolve. One of the main reasons for a company to commence the review of their compliance early is to ensure they have sufficient time to address any problems.
The ILO MLC inspection of any ship, with the exception of passenger ships, can be completed within one day. When planning the date and location of an ILO inspection, please contact LR well in advance so that we can ensure that the inspection is carried out effectively and with minimum disruption to the ship.
Companies are advised to contact LR as soon as possible for full assistance with the process of obtaining MLC certification.
(*) ILO Members that have ratified the Maritime Labour Convention, 2006: 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, Australia, Netherlands, Tuvalu, St Kitts & Nevis, Togo, Poland, Palau, Sweden, Cyprus, Russian Federation, Philippines