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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;

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Session 3

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
General principles

National provisions implementing the MLC,2006:

  • National determinations;

  • National flexibility;

  • National inspection system;

  • Recognized Organizations (ROs).


Certification
Certification

  • Maritime Labour Certificate (Regulation 5.1.3)

  • Interim Maritime Labour

    Certificate (Regulation 5.1.3)

  • Declaration of Maritime Labour

    Compliance (DMLC) (Regulation 5.1.3)


The mlc 2006 flag state inspection system
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
The inspection process

Nature of the MLC,2006 inspection:

  • Technique

  • Preparation

  • Reporting


The certification process
The certification process

  • Application to all ships

  • Ships not subject to certification

  • Requests for certification

  • Reports of inspection


The inspection process1
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
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
Inspecting the MLC, 2006 maritime labour requirements Convention

  • 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
Action to be taken if deficiencies are identified Convention(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 guidelines1
Action to be taken if deficiencies are identified Convention(Chapter 4 of the Flag State Guidelines)

  • Rectification plan

  • Report of inspection

  • Authority, reasonableness, confidentiality


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