Guidance for port state inspections under the Maritime Labour Convention, 2006

Version history

December 2016 – Initial publication

Summary

The ILO Maritime Labour Convention, 2006 (MLC) is a mandatory instrument, as such non-compliance may result in legal sanctions. This compliance is verified by flag administration surveys and inspections and is also subject to Port State Control (PSC) inspections. Non-compliance with the MLC is becoming an increasingly common reason for PSC detentions not only for cargo ships, but also for offshore support vessels (OSVs) during recent years. For example, in 2016 a routine PSC inspection of an OSV in a UK port found serious breaches of the MLC, including no calculation and payment of wages and an invalid seafarers’ crew employment agreement. A follow-up inspection of a sister ship in another UK port also resulted in detention, this time due to failing to comply with the vessel’s minimum safe manning certificate, expired medical certificates, missing crew wages, no records of calculation and payment of wages and an invalid seafarers’ employment agreement[1].

Port State inspections are subject to three main regulatory regimes:

1. International regulations developed by the International Maritime Organization (IMO) and the International Labour Organization (ILO)
2. Regulations developed by regional bodies such as the European Union (for example, EU Directive 2009/16/EC)
3. National laws and regulations.

The principal mechanism by which these regulations are applied is a series of regional Memoranda of Understanding (MoUs) on Port State Control, in which governments within defined regions agree harmonised systems of port control in order to prevent sub-standard ships operating. There are a number of MoUs which cover most of the world, an exception is the USA which is not a member of any of the PSC MoUs. However, the USA does fulfil its PSC obligations under the terms of international agreements made by the IMO and ILO by operating its own, equivalent PSC regime. The present guidance refers only to PSC inspections relating to the MLC and is intended to offer a concise and focused overview on inspection requirements associated with the Convention.

If a PSC inspection finds that a vessel does not comply with the MLC, then the vessel may be subject to port state enforcement action including vessel detention. To help reduce the risk of your vessel being detained, operators are advised to consider the guidance offered in this document and to develop appropriate checks before voyage and port entry to provide assurance that their vessels maintain their compliance with the MLC. All measures intended to ensure such compliance should be reviewed on an ongoing basis.

This guidance is intended to complement and support regulatory source documents and should not be considered to be an alternative to developing familiarisation with applicable documents such as the MLC and applicable flag and port state requirements.

News on regulatory matters which may affect members, including the MLC PSC, may be found in IMCA regulatory notifications, information notes and regulatory updates.

Contents

• Introduction
• Glossary
• Application Scope of the MLC – Does it Apply to You?
• Are You Ready for a PSC Inspection?
• Carrying Out PSC under the MLC – Main Elements of Inspection
• Carrying Out PSC under the MLC – Procedure
• What can Companies Do to Prepare?