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The Maritime Labour Convention (MLC) 2006, establishes minimum working and living standards for seafarers worldwide. It consolidates many international labour conventions into a single framework covering employment conditions, hours of work and rest, health and safety, accommodation, food and catering, and on-board complaint procedures. While adopted in 2006, the MLC entered into force for Malta on the 20th of August 2013, following the country's ratification in January 2013. The convention applies to most vessels above 500 gross tonnage, subject to a number of factors, ensuring seafarers are treated fairly regardless of the flag of the vessel.
To facilitate compliance with the MLC, Transport Malta issued MS Notice 105, providing detailed guidance for Maltese-flagged ships and others in Maltese waters. This notice outlines procedures for obtaining the Declaration of Maritime Labour Compliance (the "DMLC") and the Maritime Labour Certificate, and defines the responsibilities of shipowners, masters, and seafarers.
The Merchant Shipping Directorate has recently issued a Rev.2 of MS Notice 105, updating the guidance provided in Rev.1. The main changes include:
- Expanded DMLC Coverage: Rev.2 increases the number of areas covered in the DMLC from 14 to 16, reflecting additional welfare and compliance obligations. Shipowners must ensure that their DMLC now addresses all 16 areas.
- Clarified Scope and Definitions: The revised notice provides clearer definitions of "seafarer," "shipowner," and related terms. It also clarifies the types of ships covered, including Maltese-flagged vessels and foreign ships while in Maltese waters.
- Enhanced Certificate and Inspection Procedures: Procedures for DMLC Parts I & II, initial inspections, and certificate issuance are clarified, including references to downloadable templates, fee details, and application processes.
- On-board Complaint Procedures: Rev.2 emphasizes effective, confidential procedures for on-board complaints, including contact information for the Authority and a designated on-board advisor, reinforcing seafarers' rights to report issues safely.
- Exemptions and Equivalencies: The updated notice clarifies that certificates issued under older regulations are no longer applicable. Any exemptions or equivalencies must now be explicitly reflected in DMLC Part I.
In summary, Rev.2 of MS Notice 105 strengthens Malta's implementation of the MLC, providing clearer guidance for shipowners and seafarers. Operators are advised to review and update their DMLC, on-board procedures, and compliance frameworks to meet these requirements and ensure continued adherence to both international and Maltese maritime labour standards.
Click here to access the full text of the MS Notice 105 Rev.2 – Guidelines for the implementation of the Maritime Labour Convention, 2006
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