SESSION 3 TITLE 5 – FLAG STATE INSPECTION AND CERTIFICATION.

SESSION 3

TITLE 5 – FLAG STATE INSPECTION AND CERTIFICATION

AIMS

• To discuss the MLC,2006 requirements associated with flag state inspection and certification

General principles

National provisions implementing the MLC,2006:• National determinations;• National flexibility;• National inspection system;• Recognized Organizations (ROs).

Certification

• Maritime Labour Certificate (Regulation 5.1.3)

• Interim Maritime Labour

Certificate (Regulation 5.1.3)

• Declaration of Maritime Labour

Compliance (DMLC) (Regulation 5.1.3)

The MLC,2006 flag State inspection system

Key features:• Compliance with national regulations,

collective bargaining agreements, etc.• The DMLC

- Part I (completed by the competent authority)

- Part II (completed by the shipowner)

The inspection process

Nature of the MLC,2006 inspection:• Technique• Preparation• Reporting

The certification process

• Application to all ships• Ships not subject to certification• Requests for certification• Reports of inspection

The inspection process

• Must be within the 2nd and 3rd anniversaries• Renewal Inspection• Should be within 3 months of the expiry of the old

certificate• Change of flag or ownership

Phasing-in of certification on entry into force of the Convention

Year 1: bulk carriers and passenger ships

Year 2: all other ships requiring a certificate

Inspecting the MLC, 2006 maritime labour requirements

• General• Areas of inspection• Mandatory areas for certification• Chapter 3 of the inspection guidelines• Aide mémoires

Action to be taken if deficiencies are identified (Chapter 4 of the Flag State Guidelines)

• Does the deficiency seriously affect the safety of the ship?

• Is it a significant danger to the safety, health or security of any seafarer?

• Is it a serious breach of requirements (including seafarer rights)?

Action to be taken if deficiencies are identified (Chapter 4 of the Flag State Guidelines)

• Rectification plan• Report of inspection• Authority, reasonableness, confidentiality