Technical Notices

Amendment to the Code of the Maritime Labour Convention (MLC 2006) adopted in 2014 will enter into force on 18 January 2017.  The amendments are intended to provide seafarers and their families with protection in cases of abandonment, death, and long-term disability.

Ships that are subject to the MLC will, after this date, be required to display certificates issued by an insurer or other financial security provider confirming that insurance or other financial security is in place for:

• the cost and expense of crew repatriation, as well as up to four months contractually entitled arrears of wages and entitlements following abandonment
• contractual claims arising from seafarer personal injury, disability or death

Concerning the repatriation of seafarers a new Standard A.2.5.2 has been adopted that requires:

• up to four months wages and entitlements
• repatriation costs
• essential needs such as food, accommodation and medical care
• An improved description of abandonment.

Ships will have to carry on board a certificate or other documentary evidence of financial security issued by the financial security provider. New Appendix A2-1 will detail the information required to be on the certificate or documentary evidence.

With regards to shipowner’s liability an amendment to Standard A.4.2.1 has been carried out and a new Standard A.4.2.2 has been implemented requiring the following:

• contractual compensation must be paid in full and without delay
• if the extent of disability is unclear, an interim payment must be made
• payment is without prejudice to other rights
• there must be no pressure to accept a less than the contractual amount
• the seafarer shall have a right of direct action
• must remain in force throughout the period of insurance unless brought to an end by at least 30 days’ notice to the flag state

Again, ships will be required to carry a certificate or other documentary evidence of financial security issued by the financial security provider.

What the changes mean for the Declaration of Maritime Labour Compliance (DMLC)

Financial security for repatriation and financial security for shipowner’s liability are both areas that have to be inspected and approved when a ship is certified in accordance with Standard A5.1.3, paragraph 1. The DMLC Part I will need to be re-issued by the flag administration and the DMLC Part II will have to be updated by the shipowner.

MLC Inspectors must ensure at the upcoming inspections that ship Owners have the necessary evidence of financial security under Regulation 2.5, paragraph 2 (Repatriation) and Regulation 4.2 (Ship-owners’ Liability) as per the new Appendices A2-I and A4-I respectively.

All upcoming MLC, 2006 amendment can be found attached to this Circular.

⇒REMINDER
Also a reminder the Paris MoU on Port State Control is getting ready to launch a 3-month campaign intended to crack down on sub-standard working and living conditions on board ships by verifying compliance with Maritime Labour Convention, 2006. The “Concentrated Inspection Campaign” will begin September 1 and run through November 30, 2016.