Technical Notices

Further to INSB TN 15/2024 regarding the 2022 Amendments to Maritime Labour Convention (MLC), 2006 entering into force on 23 December 2024 in the countries that have ratified the MLC, 2006 we would like to give some clarification of the nature of these amendments and also to present the information/instructions received by the various flag Administration from which INSB is authorized, related the impact of the amendments to the certification procedure.

AMENDMENTS SCOPE

Regulation 1.4 – Recruitment and Placement

Further protection for seafarers if a recruitment or placement agent fails to meet its obligations under the seafarer’s employment agreement. Seafarers should be informed of their rights, prior to or in the process of engagement.

 Regulation 2.5 – Repatriation

There have been occasions where repatriation of stranded crew has been prevented by local authorities who refuse to allow crew to leave the vessel as national laws require the presence of seafarers onboard. The MLC has been amended at 2.5.1 para 9 to include a requirement that Member States facilitate prompt repatriation of seafarers.

This includes replacement seafarers, who shall be afforded the same rights under the MLC 2006.

 Regulations 3.1 and 4.4 – Accommodation and Recreational Facilities

To improve mental health by ensuring social connectivity, shipowners, so far as is reasonably practicable, must provide seafarers on board their ships with internet. Charges, if any, must be reasonable.

States are to do the same for seafarers on board ships in their ports and anchorages.

Regulation 3.2 – Food and Catering

Good quality drinking water must be available on board, free of charge to seafarers. Meals must also be balanced.

Supplies of food and drinking water will be inspected in relation to their quantity, quality, nutritional value, quality and variety.

Regulation 4.1 – Medical care on board and ashore

In response to issues relating to access to medical care that arose both before and during COVID, wording is now included that requires Member States to ensure that seafarers can access prompt medical care ashore in case of serious injury or disease and are not prevented from disembarking for public health reasons.

Member States are also obliged to facilitate the repatriation (by the shipowner) of the body or ashes of seafarers who have died on board.

Regulation 4.3 – Health and safety protection and accident prevention

Seafarers must be provided with appropriately sized personal protective equipment. This amendment was agreed in part due to the increasing number of female seafarers.

Personal protective equipment generally includes work clothes, safety shoes, goggles, helmets and work gloves.

All deaths of seafarers should be adequately investigated and recorded by the flag state of the ship and reported on an annual basis to the ILO.

Amendments to Appendices relating to financial security provisions

It is sufficient for MLC Certificates of financial security to name only the registered owner of the ship.

DMLC review

Revision of DMLC Part II and/or various manuals referenced in DMLC Part II is necessary if required by the flag administrations or where conflict provisions already exist.

In case the revision of DMLC Part II following the 2022 Amendments is required, the revision should be made until the first renewal inspection on or after 23 December 2024, unless otherwise instructed by the flag administration.

The revised version of DMLC Part II should be submitted to INSB, and it should be kept onboard once the review has been completed.

However, regardless of whether the documents have been revised or not, the amended requirements should be complied with onboard from 23 December 2024.

INSTRUCTIONS FROM FLAG ADMINISTRATIONS

As various flag administrations have already issued the circulars, notices, etc. concerning the 2022 Amendments, please refer to their website.

Especially, if the flag administration has revised DMLC Part I, please kindly note that it would be required to apply to the flag administration for the issuance of new DMLC Part I.

For your reference, till now the following flag administrations have announced the following information/instructions:

BARBADOS: DMLC Part II should be updated no later than the first renewal inspection on or after 23 December 2024.

PANAMA: No special requirement

ST. VINCENT AND THE GRENADINES: Existing MLC and DMLCs that have been issued prior to the entry into force of the amendments will continue to remain valid, however, they shall be renewed no later than the date of the first renewal inspection on or after 23 December 2024 following entry into force of the amendments