Paris MoU Ready for Enforcement of MLC

In May 2013 the Port State Control Committee has adopted amendments to the Memorandum to include the Maritime Labour Convention, 2006 (MLC) as relevant instrument of the Paris MoU. Thus making the MLC requirements officially subject to port State control, including the possibility for more detailed inspections, expanded inspections and the possibility of detention in serious cases of non-compliance or where hazardous conditions exist.

The MLC applies to all ships engaged in commercial activities. International certification is required for all ships of 500GT and over, making international voyages. The requirements of the MLC have to be implemented on board at the entry into force date.

The ILO has adopted a Resolution requesting port States to allow ships to continue to operate without a Maritime Labour Certificate (and Declaration of Maritime Labour Compliance) during a period of one year after 20 August 2013. ILO invited the member States to take a pragmatic approach in this respect during the first year.

New guidelines for Port State Control Officers have been agreed to implement the practical issues of the new Convention in the inspection regime.

Only members of the Paris MoU who have ratified the MLC on or before 20 August 2012 are entitled to conduct PSC inspections from 20 August 2013. As a result the following twelve member States will start enforce the MLC: Bulgaria, Canada, Croatia, Cyprus, Denmark, Latvia, the Netherlands, Norway, Poland, the Russian Federation, Spain and Sweden.

Members of the Paris MoU who have ratified the MLC after 20 August 2012 will first be entitled to conduct PSC inspections 12 months after the date of this Members ratification. For these members enforcement of the Merchant Shipping Convention (ILO 147) and the protocol of 1996 to the Merchant Shipping Convention (ILO P147) will initially prevail.

Ships from non-ratifying States should not receive any more favourable treatment than ships from States that have ratified the Convention. Under these circumstances, the ship will receive a more detailed inspection to ensure compliance with the MLC.

The European Maritime Safety Agency has implemented modifications to the THETIS database used by the PSC Authorities to accommodate MLC inspections.