Guidance

MSN 1848 (M) Amendment 4 maritime labour convention 2006 survey and certification of UK ships

Published 16 November 2022

Summary

The purpose of this merchant shipping notice is to give details of arrangements for the survey, inspection and certification of seafarers’ living and working conditions on UK ships, in accordance with the Maritime Labour Convention, 2006 (MLC) under the merchant shipping (Maritime Labour Convention) (survey and certification) regulations 2013 (SI No. 2013/1785) (“the MLC survey and certification regulations”) and provide appropriate guidance.

This notice includes the amendments to the Maritime Labour Convention, 2006 (the MLC) adopted by the ILO in June 2014, including the format for the updated declaration of maritime labour compliance (DMLC) part 1 and part 2.

Ships of 500GT and over operating internationally or in a foreign port require a maritime labour certificate. Shipowners for ships under 500GT which operate internationally or in a foreign port may also request a survey for issue of a certificate. For UK ships under 500GT, currently a maritime labour certificate can only be issued by the Maritime and Coastguard Agency. For UK ships of 500GT and over the maritime labour certificate may be issued either by the Maritime and Coastguard Agency or by one of the six recognised organisations.

A maritime labour certificate is valid for five years, subject to an intermediate inspection between the second and third year, after which the certificate may be endorsed.

All ships, whether or not they require a maritime labour certificate, must be inspected at least twice within a five-year period and inspections will, where appropriate, be conducted at the same time as international safety management (ISM) audits.

Prior to applying for survey or inspection, shipowners should familiarise themselves with the UK’s DMLC part 1, available on the MCA website, and, if they need or want a maritime labour certificate, should prepare a DMLC part 2.

Relationship with the MLC survey and certification regulations

The MLC survey and certifications regulations need to be read together with this merchant shipping notice, as it sets out many of the details, standards and formalities which must be observed in order to comply with the legal obligations under those regulations. Failure to comply with those obligations may be a criminal offence under the regulations.

In order to assist with this, section 14 of this notice contains an index which clearly sets out and/or identifies the provisions in this notice which relate to the relevant provision in the regulations.

Amendment 4 updates section 13.1 relating to RO (recognised organisation) fees and updates annexes to match the newest revision of the documents.

1. Introduction

1.1 The maritime labour convention, 2006 (MLC) requires ratifying states to implement an inspection regime to ensure that the ships flying their flag comply with the national legislation which implement the MLC standards. For ships of 50GT or over operating internationally, this regime must also provide for certification. The MLC also sets out Port State Control provisions so that ratifying countries can inspect vessels calling at their ports for compliance with the MLC.

1.2 The Maritime and Coastguard Agency (MCA) has been carrying out formal inspections of living and working conditions on UK ships of 500GT and over since 2nd July 2004 under ILO Convention No. 178. These inspections have been replaced by MLC survey and inspection. The MCA will continue to promote and ensure effective co-operation between inspectors, shipowners, seafarers and their respective organisations, in order to maintain and improve seafarers’ living and working conditions.

2. Application

2.1 The MLC survey and certification regulations do not apply to pleasure vessels, fishing vessels, ships of traditional build, warships or naval auxiliaries and ships not ordinarily engaged in commercial activities. Otherwise, the arrangements in this notice apply to all UK ships unless they operate exclusively from a UK port on domestic voyages within 60 nautical miles of a UK safe haven.

2.2 For inspection arrangements for small commercial vessels operating outside those limits under the MCA codes of practice, please see MGN 601(M) (for vessels under 200GT) and MGN 602(M) (for vessels of 200GT and over and under 500GT).

3. The MLC survey and certification regime

3.1 The MLC survey and certification regulations refer to five different circumstances for survey (in the regulations, the term “survey” is used in every context, but this notice, when describing UK arrangements, makes the conventional distinction between a “survey”, which would lead to issue of a certificate, and “inspection” when no certificate is required or requested).

3.2 The five circumstances are:

3.2.1 Mandatory surveys for ships of 500GT and over operating internationally or operating from a port in a country other than the UK:

• initial survey – before the first issue of a maritime labour certificate to the ship; there will only ever be one initial survey for any particular ship.

• renewal survey – at five yearly intervals following the initial survey, for issue of a new maritime labour certificate.

• intermediate survey – between the second and third years of validity of the maritime labour certificate to ensure that the ship continue to comply with the UK maritime labour convention standards.

3.2.2 Voluntary survey, where requested by a shipowner for issue of a certificate (for ships not covered by 3.2.1). Once issued, the certificate is subject to the regime set out in 3.2.1).

3.2.3 Mandatory inspection of all vessels not covered by 3.2.1 or 3.2.2 to be carried out at least twice in five years.

4. Organisation of surveys or inspections

4.1 The MCA will follow the ILO Guidelines on Flag State Inspection for the Maritime Labour Convention, 2006. Section 2.2 of the guidelines explains the inspection and certification process. Chapter 3 explains how inspections of the seafarer living and working conditions will be carried out under the MLC, and possible deficiencies that may arise for each regulation during a survey or inspection. Further guidance on the actions that surveyors may take when deficiencies have been identified can be found in chapter 4 of the same document.

4.2 Each ship, regardless of whether it is required to have a maritime labour certificate or not, will be surveyed or inspection twice in every five years, with the intermediate inspection being carried out between the second and third years, following the normal pattern of international convention certificates. As with ILO 178 inspections it is intended to conduct MLC surveys at the same time as international safety management (ISM) code audits of individual ship safety management certificates (SMC) to minimise inconvenience to shipowners and seafarers. However, an MLC survey or inspection and an ISM audit cover separate issues, and both are needed.

4.3 For ships not covered by the ISM code, inspections will, wherever possible, be carried out in conjunction with other surveys or targeted inspections carried out by the MCA.

4.4 The MLC survey and certification regulations refer generally to all surveys etc. being performed by certifying authorities (being either the Secretary of State/MCA or a recognised organisation). MLC surveys and inspections may be delegated to recognised organisations (ROs) either under the enhanced authorisation scheme or on a case-by-case basis. Any delegation to ROs is undertaken within the terms of the agreements between the MCA and the ROs, and subject to the standards for ROs, explained in MSN 1672(M). See government guidance for the current list of UK-authorised ROs.

5. Scope of surveys or inspections

5.1 In all the circumstances described in paragraph 3.2, the survey or inspection must cover the following living and working conditions under the MLC:

• minimum age
• medical certification
• qualification of seafarers
• seafarers’ employment agreements
• use of any licensed or certified or regulated private recruitment and placement service
• hours of rest
• manning levels for the ship
• accommodation
• on-board recreational facilities
• food and catering
• health and safety and accident prevention
• on-board medical care
• on-board complaint procedures
• payment of wages
• financial security for repatriation
• financial security relating to shipowners’ liability

5.2 This does not mean that other areas of the MLC that are not specifically mentioned in the list above are excluded from the survey or inspection. The MCA intends to conduct surveys and inspections against this list in a manner which ensures that all aspects of the MLC are covered. For example, repatriation arrangements and the shipowner’s liability for medical care must be included in the seafarers’ employment agreements, so a check of the seafarer employment agreement will be used to confirm that the repatriation and medical care provisions are satisfactory.

5.3 Furthermore, while the majority of the obligations under the MLC are the responsibility of the MCA to enforce, some obligations may be enforced by other government departments, and MCA will seek the advice and assistance of other departments when required.

6. Mandatory standards

6.1 The standards with which ships must comply (subject to section 11) in order to be issued with a UK maritime labour certificate, for endorsement following an intermediate survey or for inspections under section 3.2.3, are listed at annex 1. Section 14.1 contains additional information as to the interpretation of annex 1 in connection with the MLC survey and certificate regulations.

7. Inspection reports

7.1 The attending surveyor will complete a report listing any deficiencies that may have been noted during the survey or inspection. The report is to be given to the master and a copy posted on the ship’s notice board for the information of all seafarers. A copy may be sent to seafarers’ organisations and a final copy will be held by he MCA in the relevant file.

8. Certification

8.1 If the ship requires a certificate, or the shipowner has requested one, on completion of a successful survey, a maritime labour certificate will be issued.

8.2 The form of an interim maritime labour certificate is at annex 2 to this notice. An interim maritime labour certificate may only be issued to:

• a new build
• when the ship changes flag
• when the applicant wishes to change the person named as “shipowner” on an existing maritime labour certificate.

8.3 An interim maritime labour certificate will be issued following survey, if the MCA is satisfied that the ship has adequate procedures to comply with the relevant UK standards, that the master of the ship is familiar with the requirements of the MLC, and that there is sufficient information for the preparation of a DMLC part 1. An interim maritime labour certificate is valid for a maximum period of six months, and cannot be revalidated, nor can a second interim certificate be issued. Before the end of the six-month validity of the interim maritime labour certificate, the ship should be subject to full survey to determine whether a full maritime labour certificate can be issued. Standard A5.1.3.8 of the MLC sets out the requirements on this point.

8.4 The form of a full maritime labour certificate is in annex 3 of this notice. A full term certificate valid for a maximum period of five years is to be issued on completion of a satisfactory survey (but see 8.5). If a renewal survey is completed within three months immediately prior to the expiry date of the certificate, the expiry date of the subsequent certificate will be five years from the expiry date of the previous certificate. If the renewal survey is carried out outside the three month “window”, the expiry date of the new certificate is five years after the date of completion of the renewal survey. An intermediate survey is the same as that for a renewal survey. The certificate must be endorsed following a satisfactory intermediate survey.

8.5 Where a satisfactory renewal survey has been completed demonstrating that a ship remains compliant with MLC requirements, an extension to the validity of an expiring mandatory maritime labour certificate of compliant for a period of up to five months may be permitted, where necessary to ensure that a valid certificate of compliance remains on board until a new certificate of compliance is issued and reaches the ship. The extended certificate will be endorsed to this effect by the attending surveyor where the MCA or RO is unable to deliver the certificate to the ship before the expiry date of the previous certificate.

8.6 There is provision within the regulations for owners of ships that are less than 500GT or do not operate internationally to request certification under the MLC. In such circumstances the process and documentation is the same as that for ships of 500GT or over. However, while it is voluntary and optional to request a maritime labour certificate for those ships, once a certificate has been issued, it is mandatory to comply with the relevant provisions in the regulations concerning associated obligations (for example, intermediate inspection, display of documentation), and non-compliance with those requirements may give rise to criminal sanctions (as it does in respect of ships of 500GT and over). For the purposes of regulation 10(3)(b), a certificate which has been issued on such a voluntary basis will cease to be valid upon the anniversary date for the maritime labour certificate in its third year of validity if it has not been endorsed to show a satisfactory intermediate inspection, as described in section 8.4.

9. Validity of a maritime labour certificate or an interim maritime labour certificate

9.1 A certificate becomes invalid if:

9.1.1 a satisfactory intermediate survey is not carried out within the specified period

9.1.2 the certificate is not endorsed following an intermediate survey

9.1.3 the ship transfers to another flag

9.1.4 the shipowner named on the certificate ceases to be the shipowner; or

9.1.5 substantial changes are made, or damage sustained to the ship’s accommodation and recreational facilities for seafarers or its food and catering facilities

9.2 Where the certificate becomes invalid for the reasons listed in 9.1, it can only be reissued following a survey.

9.3 The MCA may cancel a certificate if there is reason to believe it was issued on the basis of incorrect information.

9.4 The MCA may suspend the validity of a maritime labour certificate or an interim maritime labour certificate if an improvement notice has been issued under section 261 of the merchant shipping act and has not been complied with within the specified period or if there is clear evidence that the ship does not comply with the relevant requirements (annex 1).

10. Declaration of maritime labour compliance

10.1 The declaration of maritime labour compliance is in two parts.

10.1.1 Part 1 is to be completed by the authorised surveyor and will identify the topics for survey and set out by reference relevant UK standards concerning the MLC. It will also refer to any relevant ship-type specific requirements under national legislation and record any substantially equivalent provisions (see section 11) or exemptions applicable to the ship. The form of the DMLC part 1 is in annex 4 of this notice. The contents of the DMLC part 1 issued to a particular ship will vary slightly depending on the requirements applicable to the ship.

10.1.2 Part 2 is to be completed by the shipowner and approved by the attending surveyor when the first survey is completed. The part 2 declaration details the shipowner’s procedures for ongoing compliance with the MLC. The format for a part 2 is at annex 5 to this notice. This format (MSF 2401) is also available to download. The DMLC part 2 and any supporting documentation must be made available in English.

10.2 A Declaration of maritime labour compliance need not be issued for the period of validity of an interim certificate.

11. Substantial equivalence and exemptions

11.1 Paragraph 37 of chapter 2 of the guidelines for Flag State inspections explains the concept of substantial equivalence. Any substantial equivalence agreed by the MCA that is relevant to the ship, is to be listed on the DMLC part 1.

11.2 Paragraph 38 of chapter 2 of the guidelines for Flag State inspections gives guidance on exemptions which may only be granted from specific parts of regulation 3.1 on crew accommodation, and where provided for in UK regulations, following consultation with the social partners. Exemptions are to be listed on the DMLC part 1.

12. Documents to be carried on board ship and made available

12.1 The current valid maritime labour certificate and declaration of maritime labour compliance must be carried onboard and posted in a conspicuous place where it is available to seafarers.

12.2 A copy of the maritime labour convention, 2006 must also be carried on board.

12.3 Financial security certificates complying with the requirements of MLC standard A2.5.2, A4.2.1 and A4.2.2 including the MLC amendments must also be displayed in a conspicuous place on board.

12.4 Copies of all these documents must be made available on request to seafarers, flag state inspectors, authorised officers in port states and shipowners’ and seafarers’ representatives.

13. Fees

13.1 Fees will be charged at the current hourly rate for mandatory surveys on ships or ships in which the shipowner requests to be certificated. No fees will be charged for investigating complaints or targeted inspection. If an RO carries out the inspection, fees will be charged by the RO as per their agreement with the shipowners.

14. References to this notice in the merchant shipping (maritime labour convention) (survey and certification) regulations 2013

14.1 The references to this notice in the MLC survey and certification regulations are indexed below. This is the version of merchant shipping notice 1848 (M) which is considered to be relevant until further notice. The functions of the Secretary of State under the regulations will in practice be exercised through the MCA, and references in this paragraph refer to the MCA accordingly.

Regulation 2(1)

The UK Maritime Labour Convention standards are those set out in the Schedule to the regulations, shown in Annex 1 to this Notice.

Regulation 5(1)(a)

The MCA (or any other certifying authority) will conduct an initial survey as described in paragraph 3.2.1. This survey will be carried out in the manner described in paragraph 4, and with the scope described in paragraph 5. It will be carried out by reference to the United Kingdom Maritime Labour Convention standards (as described above for the purposes of regulation 2(1)), subject to paragraph 11.

Regulation 5(1)(b)

The MCA (or any other certifying authority) will conduct a renewal survey as described in paragraph 3.2.1. This survey will be carried out in the manner described in paragraph 4 and with the scope described in paragraph 5. It will be carried out by reference to the United Kingdom Maritime Labour Convention standards (as described above for the purposes of regulation 2(1)), subject to paragraph 11.

Regulation 5(2)(c)

The MCA (or any other certifying authority) will conduct an intermediate survey as described in paragraph 3.2.1. This survey will be carried out in the manner described in paragraph 4 and with the scope described in paragraph 5. It will be carried out by reference to the United Kingdom Maritime Labour Convention standards (as described above for the purposes of regulation 2(1)), subject to paragraph 11.

Regulation 5(3)

The MCA (or any other certifying authority) will conduct a survey under regulation 5(3) as follows –

• if the shipowner makes a required for MLC documentation pursuant to regulation 6(3), the MCA (or any other certifying authority) will conduct a survey as described in paragraph 3.2.2. This survey will be carried out in the manner described in paragraph 4 and with the scope described in paragraph 5. It will be carried out by reference to the United Kingdom maritime labour convention standards (as described above for the purposes of regulation 2(1)), subject to paragraph 11.

• if the shipowner does not make a request pursuant to regulation 6(3), the MCA (or any other certifying authority) will conduct a survey as described in paragraph 3.2.3. This survey will be carried out in the manner described in paragraph 4 and with the scope described in paragraph 5. It will be carried out by reference to the United Kingdom maritime labour convention standards (as described above for the purposes of regulation 2(1)), subject to paragraph 11.

Regulation 6(5)

The form of the maritime labour certificate to be issued in respect of UK ships is set out in the model shown in annex 3 to this notice. As mentioned in that annex, a valid maritime labour certificate must have a declaration maritime labour compliance (DMLC) attached. Annexes 4 and 5 show the form of parts 1 and 2 of the DMLC respectively. As regards the content of the certificate, where the model in annex 3 contains blank boxes, lines or spaces which are to be completed, it is a requirement for the purposes of regulation 6(5) that they be appropriately completed.

Regulation 7(1)

The initial, renewal and intermediate surveys referred to in sub-paragraph (a) are the surveys of those names described above for the purposes of regulation 5(1)(a), (b) and (c). Such surveys would be conducted by the Government of a Convention State for the purposes of regulation 7(1), but subject to the provisions of regulation 7 would otherwise be conducted in the same manner as a survey of the same name conducted by a certifying authority under regulation 5.

Regulation 7(3)

The form of the maritime labour certificate to be issued in respect of UK ships is set out in the model shown at annex 3 to this Notice. As mentioned in that annex, a valid maritime labour certificate must have a declaration of maritime labour compliance (DMLC) attached. Annexes 4 and 5 show the form of parts 1 and 2 of the DMLC respectively. As regards the content of the certificate, where the model in annex 3 contains blank boxes, lines or spaces which are to be completed, it is a requirement for the purposes of regulation 7(3) that they be appropriately completed.

Regulation 8(2)

The MCA (or any other certifying authority) will conduct a survey under regulation 8(2) where an interim maritime labour certificate (as described in paragraph 8(2)) is requested. This survey will be carried out in the manner described in paragraph 4 and with the scope described in paragraph 5. It will be carried out by reference to the United Kingdom maritime labour convention standards (as described above for the purposes of regulation 2(1)), subject to paragraph 11. However, as mentioned in regulation 8(2) and in standard A5.1.3.7(a) of the MLC, the survey is subject to a “so far as reasonable and practicable” caveat, which is intended to reflect the idea that it may be appropriate to issue an interim maritime labour certificate (which has a short period of validity that cannot be extended) notwithstanding that the survey has not been able to cover every expect of all of the matters described in paragraph 5(1).

Regulation 8(5)

The form of the interim maritime labour certificate to be issued in respect of UK ships is set out in the model shown at annex 2 to this notice. As regards the content of the certificate, where the model in Annex 2 contains blank boxes, lines or spaces which are to be completed, it is a requirement for the purposes of regulation 8(5) that they be appropriately completed.

Regulation 10(3)

The requirement as regards endorsements for the purposes of regulation 10(3) is that there be an endorsement recording a satisfactory intermediate inspection on the maritime labour certificate no later than the anniversary date for the maritime labour certificate in its third year of validity. A maritime labour certificate which has been issued on a voluntary basis will cease to be valid upon the anniversary date for the certificate in its third year of validity if it has not been endorsed to show a satisfactory intermediate inspection. This is discussed in paragraphs 8.4 and 8.5 of this notice.

Regulation 11(3)(b)

The surveys referred to in this provision are those described in paragraph 3.2.1 and 3.2.2.

Regulation 11(4)

The form of the declaration of maritime labour compliance (DMLC) to be issued in respect of UK ships comprises the models for part 1 and part 2 of the DMLC as set out in annexes 4 and 5 to this notice respectively. As regards the content of the DMLC, where the models in annexes 4 and 5 contains blank boxes, lines of spaces which are to be completed, it is a requirement for the purposes of regulation 11(4) that they be appropriately completed.

Regulation 12(3)

The persons to whom the shipowner and master must make the relevant documents (being documents which the ship must carry in accordance with regulation 12(1) and (2), where applicable) available on request are the persons specified in paragraph 12.3 of this notice.

Regulation 15(2)

For the purposes of regulation 15(2), the endorsement required in relation to a ship to which regulation 5(3) applies but in respect of which a maritime labour certificate has been issued is the endorsement recording a satisfactory intermediate inspection on the maritime labour certificate no later than the anniversary date for the maritime labour certificate in its third year of validity. This is discussed in paragraphs 8.4 and 8.5 of this notice. As the ship can legitimately have the intermediate inspection at any time up to the anniversary date in the third year of validity, it follows that it is not a requirement for the purposes of regulation 15(2) that there be such an endorsement prior to that date.

More information

Maritime Security and MLC Operations
Maritime and Coastguard Agency
Bay 2/20
Spring Place
105 Commercial Road
Southampton
SO15 1EG

Telephone: +44 (0)203 81 72000

Email: [email protected]

Website: www.gov.uk/mca

Please note that all addresses and telephone numbers are correct at time of publishing.

See attached annex’s 1 to 5