MLC Amendments to enter into force on 23 December 2024
Amendments to the Maritime Labour Convention adopted by the Special Tripartite Committee in June 2022 will enter into force on 23 December 2024. These will help to provide further protection to seafarers, clarify obligations of Member States, and address lessons learned since previous amendments.
Regulation 1.4 – Recruitment and Placement
To provide further protection to seafarers, it is now a requirement that prior to or in the process of their engagement they are told of their rights under the system of financial protection established by private recruitment and placement agencies to compensate seafarers for monetary losses.
Regulation 2.5 – Repatriation
There have been occasions where Clubs have sought to repatriate stranded crew but have been prevented by local authorities who refuse to allow crew to leave the vessel as national laws require the presence of seafarers onboard. The MLC has been amended at 2.5.1 para 9 to include a requirement that Member States facilitate prompt repatriation of seafarers.
Seafarers engaged to replace seafarers who had been abandoned shall also be accorded their rights and entitlements under the MLC.
Regulations 3.1 and 4.4 – Accommodation and Recreational Facilities
To improve mental health by ensuring social connectivity, shipowners, so far as is reasonably practicable, must provide seafarers on board their ships with internet. Charges, if any, must be reasonable. States are to do the same for seafarers on board ships in their ports and anchorages.
Regulation 3.2 – Food and Catering
Good quality drinking water must be available on board, free of charge to seafarers. Meals must also be balanced.
Supplies of food and drinking water will be inspected in relation to their quantity, quality, nutritional value, quality and variety.
Regulation 4.1 – Medical care on board and ashore
In response to issues relating to access to medical care that arose both before and during COVID, wording is now included that requires Member States to ensure that seafarers can access prompt medical care ashore in case of serious injury or disease and are not prevented from disembarking for public health reasons.
Member States are also obliged to facilitate the repatriation (by the shipowner) of the body or ashes of seafarers who have died on board.
Regulation 4.3 – Health and Safety Protection and Accident Prevention
Seafarers must be provided with appropriately sized personal protective equipment. This amendment was agreed in part due to the increasing number of female seafarers.
Deaths of seafarers must be recorded and reported by Member States annually to the ILO, for publication in a global register.
Appendix A2-I(g) and A4-I(g) – Financial Security Provisions
Shipowners have reported issues with some Port State Control Officers (“PSCO”) issuing deficiency notices where the entity named on a vessel’s Declaration of Maritime labour Compliance (DMLC) was a shipowner and did not match that of the Registered Owner named on MLC financial security Certificates. These alleged deficiencies should not arise due to the existence of an agreement between Member States and the International Group that recognises IG Clubs issue their Certificates to an insured party who is often the Registered Owner rather than the shipowner and naming either entity is valid for the purposes of the MLC.
Currently, in circumstances where a PSCO issues a deficiency notice in error for different entities being named on the DMLC and MLC documents, the International Group and local Correspondents are asked to intervene to remind the PSCO that the Certificates are in fact compliant as there is an existing agreement with the Member States saying so, and request that the alleged deficiency is removed.
An Amendment to Appendix A2-I(g) and A4-I(g) will now formally reiterate the position that already exists in the agreement between the International Group and Member States, making it clear within the Convention to PSCOs that financial security certificates are compliant if issued to either the shipowner or the Registered Owner.
The above amendments will not impact the MLC application process, entities named on Certificates, or the cover that the Club provides.
MLC homepage
Members are reminded that the Club maintains an MLC homepage with explanations of amendments, articles, and other useful information.
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