Open consultation

Consultation document: the implementation of the Maritime Labour Convention, 2006 (MLC) amendments 2022

Published 10 December 2024

Section 1: Overview of this consultation

Aim

1.1. This consultation seeks your views on implementing four of the most recent amendments made to the Maritime Labour Convention, 2006 (‘the MLC’) into UK legislation. There are eight new amendments in total and the other four are not included in this consultation because they are already implemented into UK law. Annex F provides an overview of all eight amendments.

Views sought

1.2. Your views are sought in the following areas:

• Proposed new legislation to implement amendments to the MLC into UK Law (annexes A and B) (see consultation Q1, section 5.1).

• The economic analysis carried out to outline any anticipated costs on UK industry to implement these amendments, see annex E, De Minimis Assessment (DMA), noted that the policy is not expected to have a disproportionate cost to industry. We would like your views on that analysis (section 3. rationale for DMA rating and, section 4. costs and benefits) (see consultation Q2. section 5.1).

• The data used for the analysis. Data is limited on the numbers of seafarers recruited through recruitment and placement services (RPS) and a minor costing on seafarer numbers has been applied (see annex E, we welcome your views on: Standard A1.4: Recruitment and Placement and the analysis (see consultation Q3 and Q4 section 5.1)).

• The varying industry standards became more evident during the recent COVID-19 pandemic leading to calls for a more standardised approach to levels of social connectivity on board ships and in ports. We would like your views on the amendment to; Standard A3.1 Accommodation and recreational facilities, noted at section 2.4 of this consultation (see consultation Q5, section 5.1 on the types of vessels within scope of the regulation).

• The promotion for the ‘balanced’ and nutritional quality of food on board ships has existed within MCA guidance MSN 1845 MLC Food and Catering: provision of food and fresh water, annex 1.3. The MLC 2006, amendment 2022 to Standard A.3.2 Food and Catering (noted at section 2.4 of this consultation) would standardise the requirement into UK regulation. We would like your views on the amendment, which is also reflected within MSN 1845 annex 1.3, (see annex C of this consultation and refer to consultation Q6, section 5.1).

• MIN 705 (M) Maritime Labour Convention (MLC) 2006: Implementation of the MLC 2006, amendments 2022 provides guidance to industry on the amendments and we welcome your comments (see annex D of this consultation and refer to consultation Q8, section 5.1).

1.3. The full list of consultation questions is contained in section 5 of this consultation.

Deadline for responses

1.4 Responses are welcomed from 11th December 2024 until 22nd January 2025.

Section 2: Areas for consideration

Background

2.1 The International Labour Organization’s (ILO) MLC 2006, sets out minimum international standards for living and working conditions for seafarers. It was adopted in 2006 and came into force internationally in August 2013. The purpose of the MLC is to promote decent living and working conditions for seafarers and the minimum standards include a wide range of issues such as hours of work and rest, medical fitness and care, accommodation and leisure time and port and flag state inspection duties.  The inspection requirements mean that ships flagged to countries that have not ratified the MLC must meet the convention standards when visiting ports of MLC compliant states or face sanctions following port state control inspection.

2.2 This contributes to creating a level playing field for shipping operators internationally as it reduces the ability of those operating ships under the flag of countries not signatory to the MLC to cut operating costs at the expense of seafarers living and working conditions.

2.3 The MLC is considered to be one of the four key international maritime conventions and was designed as a living convention, facilitating regular updates to ensure that it remains relevant to needs of seafarers within a modern, changing shipping industry. This is achieved through the office of the ILO Special Tripartite Committee (‘the STC’) for the MLC 2006. The UK is signatory to the MLC and the convention was originally implemented into UK Law in 2014.  The current regulations and the guidance can be found on the Gov.UK website; MLC 2006 Titles 1 – 5 regulations, guidance and information. The MLC has been amended three times in 2014, 2016 and 2018 and all of which have been incorporated into UK law.

2.4 The United Kingdom chaired the fourth meeting of the ILO Special Tripartite Committee (STC) in May 2022, which adopted the latest set of amendments to the MLC.  The UK supported all of these amendments.

2.5 Under the MLC 2006 General Principles, the Competent Authority of States that are party to the MLC are required to engage with shipowners, industry and seafarers’ representatives to develop, improve and discuss the implementation of the MLC. The MCA is the competent maritime authority for the UK government and fulfilled the obligation by creating a tripartite working group. This group, known as the MLC Tripartite Working Group (TWG), meets twice a year to discuss all matters relating to the MLC. The TWG membership comprises the UK Chamber of Shipping representing shipowners, seafarer unions RMT and Nautilus International representing seafarers. The Government is represented by the MCA and DfT. A member of the Red Ensign Group (REG) of British Shipping Registers also attends as those operating Category 1 Ship Registers must also implement changes to the MLC in national legislation. The MLC TWG has held discussions about the latest amendments and has agreed that the government should make the necessary amendments to legislation subject to the outcome of this consultation.

Proposed changes

2.6 The purpose of implementing the MLC 2006, amendments 2022 is to further the UK’s commitment to seafarer welfare and the minimum standards set by the ILO by:

• a) bringing UK legislation into line with the minimum global standards for recruitment and placement services, social connectivity and balanced food, and
• b) amending legislation to ensure it remains in step with the current MLC minimum standards fulfilling the  UKs international obligations as a ratifying country, and
• c) enforcing these global minimum standards on non-UK registered ships that call at UK ports

2.7 The COVID-19 pandemic greatly affected seafarers and the amendments reflect the international discussion and agreements to seek to improve conditions for seafarers in the future.

2.8 The proposed legislative change to implement the requirement for social connectivity (internet) on board is outlined within annex B. This will extend the requirements for crew accommodation and be subject to the same offences and penalties contained within SI 2014/16 Reg 29(3) for breach of Reg 29(2).

2.9 STC/MLC 2022 amendments text, outlines all the proposed amendments to the MLC for 2022. The MCA, as the regulatory authority for the UK, has reviewed and established that only four of the eight amendments require legislative change. The UK has existing legislation in force with sufficient guidance available to seafarers and industry and only the amendments requiring legislative change have been included within this consultation. The policy objective section within the DMA annex E outlines this in detail and annex F, MLC 2006, amendments 2022: summary of changes lists each amendment with action to be taken for the four requiring legislative change and current UK legislation which exists and regulates the remaining seven amendments.

2.10 During the legislative drafting process the decision was taken to remove the application of the MLC to government ships. This was done for clarity and consistency where legal obligations within international conventions are applicable to government ships. Thus, they have a direct effect and do not require transposition.

Summary of options and recommendations

2.11 Three options that have been considered.

Option 0: do nothing

In this scenario, the MLC amendments would not be implemented by the UK.

“Do nothing” is the baseline against which Option 1 and 2 is assessed against. As the problem under consideration is the alignment of UK legislation with international standards which the UK is committed to being compliant with, there is no viable option other than regulation. As such, no non-regulatory measures have been considered but not all of the MLC 2006, amendments 2022 require new UK legislation as they currently already exist in UK regulations. Only legislative changes have been outlined for consultation.

Option 1: address the MLC amendments through regulation (preferred option)

Only four of the eleven MLC 2006, amendments 2022 require regulatory change at a marginal cost to industry (see annex E: DMA)

The MLC 2006, amendments 2022 for this consultation are:

1.Standard A1.4: recruitment and placement

The amendment adds the following under (5)(vi): “..and ensure that seafarers are informed, prior to or in the process of engagement, of their rights under that system”.

Through implementing the amendment to S.I 2014/1615 the UK’s objective would be to ensure seafarers are aware of their rights to financial compensation from the recruitment and placement service (RPS), as well as entitlements under their seafarer employment agreement (SEA). Costs associated with this requirement have been outlined within annex E; DMA costing analysis. (See Q3, section 5.1).

2.Standard A3.1 accommodation and recreational facilities

Following the COVID-19 pandemic there has been an increased need to have social connectivity in everyday life and that equally affects seafarers working at sea. Aiding in the improvement of social connectivity will have a direct positive impact on seafarer wellbeing. (See Safety4Sea – How internet has improved life of seafarers on board.

The amendment adds the following under (17): “…including social connectivity”.

Through implementing the amendment to S.I 2016/13 Part 6(27) and Part 10B, the UK’s objective would be to set a standard within industry, which at the moment is very mixed between companies, and long term could improve the recruitment and retention of young seafarers within the industry, who see social connectivity as one of their key considerations when seeking employment. (See Crew Connectivity 2018 Survey Report.

3.Standard A3.2 food and catering

The addition of the wording ‘balanced’ regulates the current industry guidance within merchant shipping notice (MSN) 1845. A review of this guidance will be undertaken to promote awareness within industry and form part of this consultation. (See Q5, section 5.1).

The definition of balanced is considered to be a meal which includes the three core food groups: proteins, carbohydrates and vegetables.

In the current economic climate, it is evident from the Seafarers Happiness Index Quarter 1 May 2023, that it is important to include the word ‘balanced’ to make companies aware of their duty under the MLC.

This amendment aims to ensure good quality food on vessels.

4.Appendices A2.1 and A4.1 evidence of financial security

The amendments add the following under Regulations 2.5 (para 2) and 4.2: “…, or of the registered owner if different from the shipowner”.

The implementation of the amendments to the appendices will clarify who is financially responsible.

Option 2: address the MLC amendments without the use of regulation, through guidance

This is not considered a viable option, where regulation is required, as the UK would not meet its international obligations under the MLC.

The MCA maintains a constant review of guidance within marine notices, holding stakeholder engagement as required. For example, MSN 1845 annex 1.3 forms part of this consultation (see Q5, section 5.1) and an opportunity for industry to comment on the guidance currently available. However, the guidance alone does not place a requirement on companies to provide ‘balanced’ nutrition and why regulation is considered necessary.

Supporting information

2.12 During July 2023, the MCA held online discussions with representatives from MCA certified recruitment and placement services (RPS), seeking feedback on the following:

1. What do RPSs do now to ensure that seafarers are aware of the system of protection in place to support them in the event of the failure of the shipowner or RPS?
2. How do you think the requirement to inform seafarers of their rights can best be implemented in practice?
3. What obstacles do RPSs see to the effective implementation of this provision?

The RPS’s felt that the change would be a once off cost to amend wording within the SEAs and that communication of that change would form part of the ongoing recruitment service being provided.

2.13 Nautilus International - an investigation into social connectivity at sea 2017. The existence of an imbalance of social connectivity availability became more evident during the early months of the COVID pandemic. The varying levels across shipping companies and even between ships in the same fleet highlighted the need for an international approach. Additionally, DfT has social connectivity research in process but though not yet published demonstrates industry awareness and how research has been considered and is included within the accompanying DMA (annex E) costing analysis. The internet service industry can offer cost effective and viable solutions to improve seafarer social connectivity whilst at sea (see MiWire article).

2.14 Seafarers Happiness Index (Quarter 1) May 2023; highlighted concerns by seafarers in the dissatisfaction of meals on board. There are concerns that companies are cost cutting by cutting the food budget or the quality of the food. Food inflation is a concern, with the worry that rising costs will further compromise the quality and availability of food on board. Respondents advised of meals being unhealthy, monotonous and of poor quality.

MSN 1845 MLC food and catering: provision of food and fresh water (annex 1.3) sought to improve awareness of the nutritional requirements of food for seafarers on board ships, which becomes more imperative the longer seafarers are at sea. Annex C to this consultation has been drafted to provide guidance to industry on how to interpret and meet the requirements of the MLC 2006, amendment 2022.

2.15 MIN 705 Maritime Labour Convention (MLC) 2006: Implementation of the MLC 2006, amendments 2022 (see annex D to this consultation) has been drafted to provide guidance to industry on how to interpret and meet the requirements of the MLC 2006, amendments 2022.

Section 3: Responding to this consultation

3.1. There are specific questions highlighted in section 5 of this document and information on how to respond to this consultation document.

Consultees

3.2. Anyone may respond to this consultation and consideration will be given to all responses.  We will be particularly interested to hear from:

• shipping companies
• recruitment and placement services
• small vessel owners
• seafarers and cadets

Duration

3.3. This consultation is open for 6 weeks from 11th December 2024. The deadline for responses is 22nd January 2025.

Submitting your response

3.4. The preference is for consultation responses to be emailed to [email protected].  Any questions relating to this consultation should also be sent to this email address. You can also send in your response by post to:

Seafarer Safety and Health Branch
Bay 2/17
Maritime and Coastguard Agency
Spring Place
105 Commercial Road
Southampton
SO15 1EG

3.5. When responding, representative groups are asked to give a summary of the people and organisations they represent, and where relevant who else they have consulted in reaching their conclusions.

Freedom of information

3.6. Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

3.7. If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

3.8. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department/MCA.

3.9. The MCA will process your personal data in accordance with the data protection framework and, in the majority of circumstances, this will mean that your personal data will not be disclosed to third parties.

Data protection

3.10. The MCA is carrying out this consultation to gather evidence to inform the development and implementation of policy and legislation [under the enabling provisions] of the Merchant Shipping Act 1995 Part IV Section(s) 85 and 86(4). This consultation and the processing of personal data that it entails is necessary for the exercise of our functions as a government department. If your answers contain information that allows you to be identified, under data protection law, the MCA, as an Executive Agency of the Department for Transport, will be the Controller for this information.

3.11. The MCA will use your contact details to send you information about the consultation, for example if we need to ask follow-up questions. You do not have to give us this personal information but if you do choose to provide it, it will not be used for any other purpose without your permission.

3.12. Details about how the MCA looks after personal data, your rights, how to complain, and how to contact our Data Protection Manager can be found on gov.uk at in the Personal information charter - Maritime and Coastguard Agency.

3.13. Your information will be kept securely on the MCA’s IT system and any written responses will be held in a secure file and cabinet and kept for up to five years, until a post-implementation review has been completed.

3.14. If you do not wish to remain on this list, please let us know at [email protected]

Section 4: Outline of plans beyond this consultation

4.1. Once this consultation closes, we will review all responses.  In considering the responses we will apply appropriate weight to those from organisations and individuals with specialist knowledge of the subject area.

4.2. We will be analysing the responses during February 2024. Our aim is to publish an overview of the responses and the MCA’s comments in June 2025, which will be available on www.gov.uk along with the consultation.

4.3. Where appropriate the draft Regulations, accompanying guidance and impact assessment will be revised to take into consideration the consultation responses.

4.4. Our aim is for the Merchant Shipping (MLC) Reform and Revocation Amendments) Regulations to come into force in August 2025 with the Merchant Shipping (MLC) (Miscellaneous Amendments) Regulations coming into force August 2025. The Regulations will be published on www.legislation.gov.uk

4.5. Every effort will be made to publish the revised accompanying guidance on gov.uk in advance of June 2025.

4.6. An overview timetable is below for reference:

Section 5: Response form

What is your name?
What is your email address?
What is your job title?

When responding please state whether you are responding as an individual or representing the views of an organisation

☐	I am responding as an individual
☐	I am responding on behalf of an organisation
	(name of organisation)

Please check the box that best describes you as a respondent and the size of your organisation:

	Respondent Type		Size of Organisation
☐	Classification Society	☐	Large business (over 250 staff)
☐	Government Agency/Department	☐	Medium business (50 to 250 staff)
☐	Individual	☐	Micro business (up to 9 staff)
☐	Legal representative	☐	Small business (10 to 49 staff)
☐	Protection & Indemnity
☐	Seafarer
☐	Ship Operator
☐	Ship Owner
☐	Trade Union
☐	Other
	(please describe)

Section 5.1 Consultation questions

Q1. Do you agree that the proposed draft regulations at annexes A and B should be implemented in law? If you do not agree please outline why?

Q2. Do you agree with the statement that the proposed changes are not expected to have a disproportionate cost to UK industry? See annex E: DMA cost analysis.

If not please outline why not, with as much detail as possible, noting which of the MLC 2006, amendments 2022 at section 2.4 of this consultation document you are referring to and provide evidence for any additional costs.

Q3. Due to the confidential nature of data on the number of seafarers recruited through recruitment and placement services (RPS), assumptions have been made within annex E; DMA costs and benefits section.

a) Are there any other aspects which should also be considered?

Q4. Under Standard A1.4 of the MLC RPSs are required to have an established ‘system of protection’ in place, which may be ‘insurance or other equivalent means’ to cover any losses to the seafarer in the event of an unsuccessful placement.

a) If you are responding to this consultation on behalf of an RPS; please can you outline the ‘system of protection’ which you have in place to meet Standard A1.4?

b) how many claims do you process each year under your system of protection?

c) given the new regulatory requirement that seafarers are fully informed of their rights to financial compensation under the system of protection, do you anticipate an increase in claims?

d) the MCA produces guidance with the support of industry on the content of seafarer employment agreements. Can you outline where MCA could improve guidance or information available for RPSs and seafarers, in relation to the system of protection?

Q5. Do you agree with the following assumptions for the improved social connectivity on board UK vessels and in ports? If not please outline why providing any evidence.

a) that UK vessels operating internationally will not be greatly impacted by the new requirements, as many already have internet services in place to meet the new standards and are aware of what the Port State Control inspection requirements will be in respect of social connectivity, when operating to and from ports within MLC ratified countries.

b) that the majority of UK Coded vessels operate routes of a shorter duration, and seafarers may have access to personal mobile connectivity or internet services when onboard.

c) when thinking about land-based infrastructure and internet services available in ports, are there any points you feel we should consider?

Q6. The amendment to standard A3.2 food and catering, is for the addition of the word ‘balanced’. Currently the MCA has existing guidance which is available in full on Gov.UK Annex 1.3 of MSN 1845 provision of food and water, see annex C which is a draft of the new proposed annex 1.3, outlining what a nutritiously balanced diet should consist of.

Please answer the following points with as much detail as possible and provide any supporting information that you feel should be considered;

a) Do you agree with our interpretation as outlined within annex 1.3? If not can you explain how you would interpret or define ‘balanced’?

b) Can you think of any other costs shipping companies might need to consider when providing ‘balanced’ meals?

Q7. Can you provide evidence for any costs to industry that we have not considered that may occur as a result of implementing the MLC 2006, amendments 2022 into UK law?  

Q8. MIN 705 (M) Maritime Labour Convention (MLC) 2006: Implementation of the MLC 2006, amendments 2022 (annex D to this consultation), outlines guidance to clarify the MLC 2006, amendments 2022 and explains how shipowners and members of industry can ensure they meet the requirements.

a) Do you feel that this guidance sufficiently explains and clarifies what options to consider on how action can be taken to ensure the new regulations will be met?

b) Can you suggest any additional information which it would be helpful for the guidance to contain?

Section 5.2 Additional comments

Do you have any additional comments to add to the response?

Please return completed response forms to [email protected]

Alternatively, responses may be posted to:

Seafarer Safety and Health Branch
Bay 2/17
Maritime and Coastguard Agency
Spring Place
105 Commercial Road
Southampton
SO15 1EG

Section 6: Conduct of this consultation

6.1. This consultation has been conducted in accordance with the Cabinet Office Consultation Principles.

Consultation principles

6.2. The Cabinet Office Consultation Principles can be found at Consultation Principals 2018

Feedback on conduct of consultation

6.3. If you have any comments regarding the conduct of this consultation, please contact the Consultation Co-ordinator at [email protected].

6.4. We are continually trying to improve the way in which we conduct consultations and appreciate your views.  We would be grateful if you could complete and return the attached feedback form.  These should be submitted to the Consultation Co-ordinator and are not affected by the deadline for this consultation.

6.5 If you require this consultation in an alternative format, please contact either the Consultation Co-ordinator or the named official conducting this consultation.

Annexes with the consultation

• Annex A: Draft Merchant Shipping (Maritime Labour Convention) (Revocation and Reform Amendments) Regulations 2025

• Annex B: Draft Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2025

• Annex C: MSN 1845 (M) MLC, 2006 Food and catering: Provision of food and fresh water

• Annex D: MIN 705 (M) MLC, 2006: implementation of the MLC 2006, amendments 2022

• Annex E: De Minimis Assessment (DMA) Implementation of the MLC 2006, amendments 2022

• Annex F: Summary of proposed changes

• Consultation response form

• Consultation feedback form