SESSION 3 TITLE 5 – FLAG STATE INSPECTION AND CERTIFICATION
AIMS To discuss the MLC,2006 requirements associated with flag state inspection and certification
General principles National provisions implementing the MLC,2006: National determinations; National flexibility; National inspection system; Recognized Organizations (ROs).
Certification Maritime Labour Certificate (Regulation 5.1.3) Interim Maritime Labour Certificate (Regulation 5.1.3) Declaration of Maritime Labour Compliance (DMLC) (Regulation )
The MLC,2006 flag State inspection system Key features: Compliance with national regulations, collective bargaining agreements, etc. The DMLC - Part I (completed by the competent authority) - Part II (completed by the shipowner)
The inspection process Nature of the MLC,2006 inspection: Technique Preparation Reporting
The certification process Application to all ships Ships not subject to certification Requests for certification Reports of inspection
The inspection process Must be within the 2nd and 3rd anniversaries Renewal Inspection Should be within 3 months of the expiry of the old certificate Change of flag or ownership
Phasing-in of certification on entry into force of the Convention Year 1: bulk carriers and passenger ships Year 2: all other ships requiring a certificate
Inspecting the MLC, 2006 maritime labour requirements General Areas of inspection Mandatory areas for certification Chapter 3 of the inspection guidelines Aide mémoires
Action to be taken if deficiencies are identified (Chapter 4 of the Flag State Guidelines) Does the deficiency seriously affect the safety of the ship? Is it a significant danger to the safety, health or security of any seafarer? Is it a serious breach of requirements (including seafarer rights)?
Action to be taken if deficiencies are identified (Chapter 4 of the Flag State Guidelines) Rectification plan Report of inspection Authority, reasonableness, confidentiality