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News of Shipping Sunday, 21/10/2017

Paris MOU CIC in 2016

Please be informed that the Paris MoU issued a Press release announcing the launch of the following PSC Concentrated Inspection Campaign (CIC) in 2016.

Item of CIC: Maritime Labour Convention, 2006 (Entered into force on 20 August 2013). Title 1 to 5, Regulations and Standards "A" CIC period: From 1 September 2016 to 30 November 2016. For the detail of the inspection, please refer to the attached Press release. (issued on July 28, 2016). For your reference, Chapter 4 of "Guidelines for Port State Control Officers under the MLC, 2006" issued by ILO is attached.

Paris MOU Press Statement:

28 July 2016

LAUNCH OF CONCENTRATED INSPECTION CAMPAIGN ON MLC,2006

The Paris Memorandum of Understanding (MoU) on Port State Control will launch a Concentrated Inspection Campaign (CIC) on the Maritime Labour Convention, 2006 (MLC,2006). The aim of the CIC is to verify that the minimum standards for working and living conditions have been implemented on board. This inspection campaign will be held for a period of three months, commencing from 1 September 2016 and ending 30 November 2016.

The ship’s procedures and measures that are in place with respect to MLC,2006 will be checked in detail for compliance with the requirements during a regular Port State Control inspection. Secretary General Richard Schiferli stated: “Working and living conditions on board have always been a prime area of attention. With the introduction of the MLC enforcement opportunities have greatly improved. Three years after the entry into force, the time is right to focus on the MLC during a concentrated inspection campaign”.

Port State Control Officers (PSCOs) will use a list of 12 selected questions to ensure that the required certificates and documentation are present, in particular those related to the seafarers on board. Additionally there are questions aimed at verification of records of the inspections of the accommodation, food and catering, and whether a safety committee has been established. When deficiencies are found, actions by the port State may vary from recording a deficiency and instructing the master to rectify it within a certain period of time to detaining the ship until serious deficiencies have been rectified. In the case of detention, publication in the monthly detention lists of the Paris MoU web sites will take place.

It is expected that the Paris MoU will carry out approximately 4,500 inspections during the CIC. The results of the campaign will be analyzed and findings will be presented to the Port State Control Committee. The CIC questionnaire on MLC, 2006 is also published on the Paris MoU website (http://www.parismou.org/).

4. More detailed inspection of maritime labour conditions on ships

4.1. General note

84. This chapter is intended to provide a practical tool for guidance concerning the subject matter of a more detailed inspection under the MLC, 2006. For an authoritative statement of requirements on any issue, reference should be made to the text of the MLC, 2006, and – in so far as they are outlined in a valid Maritime Labour Certificate and attached DMLC – to the national laws or regulations or collective bargaining agreements or other measures implementing the MLC, 2006, that are applicable to the ship concerned.

More detailed inspection of maritime labour conditions on ships

85. Where a ship is not carrying a Maritime Labour Certificate and DMLC (because it is a ship for which certification is not mandatory (Regulation 5.1.3, paragraph 1) and has not requested a certificate or it is a ship of a non-ratifying State), PSCOs will need to use their professional judgment when evaluating compliance with the specific requirements of the MLC, 2006. This will also apply if the information contained in the Certificate or the DMLC or documents referred to in the Certificate or DMLC or other elements clearly indicate that the ship may not be in compliance with the requirements of the Convention (including seafarers’ rights) relating to working and living conditions of seafarers on the ship.

The exercise of professional judgment by PSCOs will be particularly necessary where a requirement of the MLC, 2006, may be stated in general terms in the Standards (Part A of the Code).

Guidance as to the general expectations regarding this requirement may be found in Part B of the Code, but this guidance should be considered with care since Part B is not mandatory and is not itself the subject of port State control; however, it provides information on the intention of the mandatory provisions. In cases of perceived non-conformity, the master should be given an opportunity to produce evidence of the national requirements concerned and provide any necessary explanations.

86. With respect to inspections that are initiated by the PSC authority, information is provided below on the basic requirements to be complied with, accompanied by suggestions concerning sources of information for as pertaining compliance, as well as by examples of deficiencies or non-conformities, in the 14 areas for port State inspection that are specified in Appendix A5-III of the MLC, 2006. Since these are the same as those that are to be the subject of flag State certification under Appendix A5-I (see paragraph 20 above), this guidance is based on the relevant parts of Chapter 3 of the Guidelines for flag State inspections under the Maritime Labour Convention, 2006. The guidance below may also be relevant to inspections initiated upon a complaint, within the limits of the scope of the complaint.

87. It should, however, be borne in mind that except where a ship is evidently substandard, or the PSCO already has clear grounds to believe that aspects of the living and working conditions on a ship are not in compliance with the MLC, 2006, the more detailed inspection by the PSCO may be much less extensive than that carried out by the flag State. If, after visiting the main spaces on the ship and talking to seafarers, the PSCO finds that the ship appears to be well maintained and operated and the seafarers appear to be satisfied with their general conditions of work, the PSCO may decide to choose several of the 14 areas of the requirements for a closer scrutiny, with a view to ascertaining whether the flag State inspections of the ship have been carried out and whether the shipowner’s measures for ensuring ongoing compliance are adequate and are being adequately implemented. Depending upon the results, the PSCO may decide to end the more detailed inspection, or to extend it to more or even all of the other areas referred to in Appendix A5-III.

88. Finally, in the following section, frequent reference is made to requirements under the national laws or to national requirements or to similar terms. These relate to the relevant national requirements that have been adopted by the flag State to implement the requirements of the Convention. It should be understood that it is not the function of PSCOs to enforce any national requirements that go beyond the requirements of the MLC, 2006.

(Source From NK)

05/08/2016

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