Guidelines for port State control officers carrying out

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4 The rest of Chapter 1 of these guidelines provides general information on the MLC 2006. regarding its structure key concepts and terminology. 5 Chapter 2 provides background information on port State control inspection. responsibilities in connection with the MLC 2006, 6 Chapters 3 and 4 address the procedures for carrying out port State control inspections. under the MLC 2006 The procedures describe from a practical perspective the various. stages or steps that an inspection might go through depending on the circumstances that. the PSCO finds when going on board a ship Chapter 3 covers matters such as preparing. for an inspection and the beginning part of a PSCO inspection which is the on board. review of the ship s MLC related documents that provide prima facie evidence that the. ship is in compliance Chapter 3 also provides guidance on the matters that a PSCO would. need to consider in making a determination as to whether an inspection is finished at that. first point the document review or whether there are grounds for carrying out a more. detailed inspection Chapter 4 addresses the next stage the more detailed on board. inspection of conditions on a ship in cases where the PSCO has concluded that there are. grounds under the MLC 2006 to carry out this level of inspection. 7 Chapter 5 provides guidance on action to be taken by PSCOs on finding after a more. detailed inspection that there are deficiencies or non conformities on a ship. 8 Chapter 6 outlines the steps to be taken in connection with the handling of onshore. complaints that are made by seafarers Regulation 5 2 2. 1 2 Brief overview of the MLC 2006, 9 The Preamble to the MLC 2006 sets out the intentions and the objectives of the Members. of the International Labour Organization in adopting the Convention The Preamble refers. to the global nature of the shipping industry and the need for seafarers to have special. protection It also links the MLC 2006 to the other key international conventions that. establish minimum standards for the shipping industry in connection with safety security. and marine environmental protection The MLC 2006 complementing other major. international conventions reflects international agreement on the minimum. requirements for working and living conditions for seafarers. 10 Like other international labour standards the MLC 2006 only sets out minimum. international standards However recalling paragraph 8 of article 19 of the Constitution of. the International Labour Organization the Preamble goes on to clarify that in no case shall. the adoption of any Convention and Recommendation by the Conference or the ratification. of any Convention by any Member be deemed to affect any law award custom or. agreement which ensures more favourable conditions to the workers concerned than those. provided for in the Convention or Recommendation, 11 The MLC 2006 contains an explanatory note which was adopted by the 94th Maritime. Session of the International Labour Conference to assist governments with respect to their. legislative obligations and to understanding the legal relationship between the different. parts of the MLC 2006 It also provides an outline of the overall structure of the MLC. 2 MELCBS Guidelines Rev 2008 09 0257 12 En doc,Explanatory note to the Regulations and Code. of the Maritime Labour Convention 2006, 1 This explanatory note which does not form part of the Maritime Labour Convention is.
intended as a general guide to the Convention, 2 The Convention comprises three different but related parts the Articles the Regulations. and the Code, 3 The Articles and Regulations set out the core rights and principles and the basic. obligations of Members ratifying the Convention The Articles and Regulations can only. be changed by the Conference in the framework of article 19 of the Constitution of the. International Labour Organization see Article XIV of the Convention. 4 The Code contains the details for the implementation of the Regulations It comprises. Part A Mandatory standards and Part B Non mandatory guidelines The Code can be. amended through the simplified procedure set out in Article XV of the Convention. Since the Code relates to detailed implementation amendments to it must remain within. the general scope of the Articles and Regulations, 5 The Regulations and the Code are organized into general areas under five Titles. Title 1 Minimum requirements for seafarers to work on a ship. Title 2 Conditions of employment, Title 3 Accommodation recreational facilities food and catering. Title 4 Health protection medical care welfare and social security protection. Title 5 Compliance and enforcement, 6 Each Title contains groups of provisions relating to a particular right or principle or.
enforcement measure in Title 5 with connected numbering The first group in Title 1. for example consists of Regulation 1 1 Standard A1 1 and Guideline B1 1 relating to. minimum age,7 The Convention has three underlying purposes. a to lay down in its Articles and Regulations a firm set of rights and principles. b to allow through the Code a considerable degree of flexibility in the way. Members implement those rights and principles and, c to ensure through Title 5 that the rights and principles are properly complied with. and enforced, 8 There are two main areas for flexibility in implementation one is the possibility for a. Member where necessary see Article VI paragraph 3 to give effect to the detailed. requirements of Part A of the Code through substantial equivalence as defined in. Article VI paragraph 4, 9 The second area of flexibility in implementation is provided by formulating the. mandatory requirements of many provisions in Part A in a more general way thus. leaving a wider scope for discretion as to the precise action to be provided for at the. national level In such cases guidance on implementation is given in the non mandatory. Part B of the Code In this way Members which have ratified this Convention can. ascertain the kind of action that might be expected of them under the corresponding. general obligation in Part A as well as action that would not necessarily be required For. example Standard A4 1 requires all ships to provide prompt access to the necessary. medicines for medical care on board ship paragraph 1 b and to carry a medicine. chest paragraph 4 a The fulfilment in good faith of this latter obligation clearly. means something more than simply having a medicine chest on board each ship A more. precise indication of what is involved is provided in the corresponding Guideline B4 1 1. paragraph 4 so as to ensure that the contents of the chest are properly stored used and. maintained, 10 Members which have ratified this Convention are not bound by the guidance concerned.
and as indicated in the provisions in Title 5 on port State control inspections would deal. MELCBS Guidelines Rev 2008 09 0257 12 En doc 3, only with the relevant requirements of this Convention Articles Regulations and the. Standards in Part A However Members are required under paragraph 2 of Article VI to. give due consideration to implementing their responsibilities under Part A of the Code in. the manner provided for in Part B If having duly considered the relevant Guidelines a. Member decides to provide for different arrangements which ensure the proper storage. use and maintenance of the contents of the medicine chest to take the example given. above as required by the Standard in Part A then that is acceptable On the other hand. by following the guidance provided in Part B the Member concerned as well as the ILO. bodies responsible for reviewing implementation of international labour Conventions. can be sure without further consideration that the arrangements the Member has. provided for are adequate to implement the responsibilities under Part A to which the. Guideline relates, 12 Title 5 relates to compliance and enforcement and includes the requirements of the MLC. 2006 in connection with carrying out inspections of foreign ships in a port port State. control in Regulation 5 2 1 and Standard A5 2 1 with guidance provided in. Guideline B5 2 1 It is important to take account of the four appendices located at the end. of Title 5 of the MLC 2006, Appendix A5 III List of areas that may be the subject of a more detailed inspection. in a port State, Appendix A5 I List of matters for flag State inspection for certification purposes. Appendix A5 II Model documents relating to the flag State inspection and. certification system established in Title 5,Maritime Labour Certificate.
Interim Maritime Labour Certificate, Declaration of Maritime Labour Compliance DMLC two parts Part I and. Appendix B5 I An example to provide guidance as to the way both parts of the. DMLC might be filled out by the flag State Part I and a shipowner Part II. 1 3 Key concepts in the MLC 2006, 13 This section of Chapter 1 sets out some of the key concepts relating to the application of. the MLC 2006 Section 1 4 which follows contains the definitions of terms that are found. in the MLC 2006,1 3 1 Application, 14 The MLC 2006 applies to all seafarers on all ships covered by the Convention A seafarer. is any person 2 who is employed or engaged or works in any capacity on board a ship to. The MLC 2006 provides that in the event of doubt as to whether any categories of persons are to. be regarded as seafarers for the purpose of the Convention the question is to be determined by the. competent authority in the flag State after consultation with the shipowners and seafarers. concerned Guidance on this matter is provided in the resolution concerning information on. occupational groups No VII adopted at the 94th Maritime Session of the International Labour. Conference,4 MELCBS Guidelines Rev 2008 09 0257 12 En doc. which this Convention applies 3 The terms seafarer and ship are defined in the MLC. 2006 see section 1 4 below,1 3 2 Seafarers rights, 15 The MLC 2006 is intended to help achieve decent work for all seafarers It sets out the.
fundamental rights and principles that seafarers have with respect to their working and. living conditions, 16 Article III of the MLC 2006 relates to fundamental rights and principles requiring ILO. member States to satisfy themselves that the provisions of their law and regulations. respect in the context of this Convention the fundamental rights to. a freedom of association and the effective recognition of the right to collective. bargaining, b the elimination of all forms of forced or compulsory labour. c the effective abolition of child labour and, d the elimination of discrimination in respect of employment and occupation. 17 Article IV relates to seafarers employment and social rights and states. 1 Every seafarer has the right to a safe and secure workplace that complies with safety. 2 Every seafarer has a right to fair terms of employment. 3 Every seafarer has a right to decent working and living conditions on board ship. 4 Every seafarer has a right to health protection medical care welfare measures and other. forms of social protection, 5 Each Member shall ensure within the limits of its jurisdiction that the seafarers. employment and social rights set out in the preceding paragraphs of this Article are fully. implemented in accordance with the requirements of the Convention Unless specified. otherwise in the Convention such implementation may be achieved through national. laws or regulations through applicable collective bargaining agreements or through. other measures or in practice,1 3 3 Compliance and enforcement.
18 The flag State must verify through an effective and coordinated system of regular. inspection monitoring and other control measures that ships comply with the requirements. of the Convention as implemented in national laws or regulations or collective bargaining. agreements or other measures or practices implementing the requirements of the MLC. 2006 Generally under Regulation 5 1 3 in addition to being inspected ships must also be. certified for compliance with the requirements for the 14 areas of seafarers working and. living conditions set out in Title 5 Appendix A5 I For ships that do not have to be. The MLC 2006 applies to all ships whether publicly or privately owned ordinarily engaged in. commercial activities Subject to any national provisions to the contrary the MLC 2006 does not. apply to ships which navigate exclusively in inland waters or waters within or closely adjacent to. sheltered waters or areas where port regulations apply ships engaged in fishing or in similar. pursuits and ships of traditional build such as dhows and junks warships or naval auxiliaries. MELCBS Guidelines Rev 2008 09 0257 12 En doc 5, certified under 500 gross tonnage gt or ships that are not engaged in international. voyages and that do not operate from a port or between ports in another country the flag. State must still verify compliance for all the same requirements as a certified ship. 19 The MLC 2006 recognizes that ILO Members need some flexibility to address particular. national situations especially with respect to smaller ships and ships that do not go on. international voyages or specific kinds of ships It also recognizes that flag States may not. always be in a position to implement the requirements of the MLC 2006 in the manner set. out in Part A of the Code and allows them to adopt measures which are substantially. MELCBS Guidelines Rev 2008 09 0257 12 En doc 1 INTERNATIONAL LABOUR ORGANIZATION MELCBS 2008 12 Rev Tripartite Expert Meeting to Develop Guidelines for Port State Control Officers Carrying out Inspections under the Maritime Labour Convention 2006 Geneva 22 26 September 2008 Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention 2006

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