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MLC 2006 Regulation 5.1 - Flag State Responsibilities

MLC 2006 Regulation 5.1 - Member States Responsibilities to Implement MLC 2006 for the Ships that Fly Its Flag

mlc 2006 flag state

MLC 2006 Regulation 5.1 deals with Flag State responsibilities. Every flag State that has ratified the Convention is responsible for ensuring that the MLC’s requirements are implemented on board ships flying its flag. Whenever the Convention refers to a Member’s responsibility, that State has to make sure that it has national laws, regulations or some other measure in place that fulfill the requirement.

Taking the requirement to ensure provision of a minimum of three forms of social Security protection, if a State had nothing in its national law referring to social security, or failed to cover the minimum required, it would have to pass laws, amend its regulations or come up with some other measure to ensure compliance with this provision of the MLC.

Each flag State will decide for itself how to comply with the Convention so conditions will vary from flag State to flag State. This is permitted so long as the Convention’s requirements are met and the ship complies with the flag State’s standards, which must be set out in the Declaration of Maritime Labour Compliance. Ships flying the flag of a State that has signed the Convention must also have a copy of the Convention available on board.

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MLC 2006 Regulation 5.1 Flag State Responsibilities (Summary)

Purpose: To ensure that each Member implements its responsibilities under this Convention with respect to ships that fly its flag

Declaration of Maritime Labour Compliance (DMLC): Part I lists the way in which the flag State’s regulation complies with the Convention, and Part II is drawn up by the shipowner to show how the vessel is compliant with Part I. The DMLC must be certified by an authorized representative of the flag State or a recognized organization.

Maritime Labour Certificate: Each ship over 500 GT, operating in international waters or between ports of different countries, has to have a maritime labour certificate issued either by the flag State or by the recognized organization. The certificate can be valid for a period of no more than five years.

maritime labour certificate
      Picture: Maritime Labour Certificate Requirements Credits: ITF

Certificates and Related Documents: The results of inspections, including deficiencies and actions taken to resolve them, have to be noted with the date and kept on board.

Non Validity of the Certificate: A maritime labour certificate ceases to be valid when - Inspections are not carried out within the specified period of time; the certificate is not endorsed by the flag state or by its recognized organization; ship changes flag; ship changes owner; substantial changes have been made to the structure or equipment of the vessel.

The flag State has to operate an effective system for inspecting working and living conditions on board ships flying its flag.

Flag State inspectors have to be independent with no vested interests that could interfere with their duties.

On-board Complaint Procedures: There must be a procedure in place on board your ship enabling you to make a complaint about breaches of the Convention and your rights, including the right to live and work in decent conditions.

mlc2006 onboard complaint procedure
      Picture: Flag State Onboard Complaint Procedure Credits: ITF

Reports on major incidents have to be submitted within one month of investigation.

Title 3. Compliance and Enforcement

Regulations 5.1 to 5.1.6

MLC 2006 Regulation 5.1 - Flag State Responsibilities

Regulation 5.1.1 - General Principles

  1. Each Member is responsible for ensuring implementation of its obligations under this Convention on ships that fly its flag.
  2. Each Member shall establish an effective system for the inspection and certification of maritime labour conditions, in accordance with Regulations 5.1.3 and 5.1.4 ensuring that the working and living conditions for seafarers on ships that fly its flag meet, and continue to meet, the standards in this Convention.
  3. In establishing an effective system for the inspection and certification of maritime labour conditions, a Member may, where appropriate, authorize public institutions or other organizations (including those of another Member, if the latter agrees) which it recognizes as competent and independent to carry out inspections or to issue certificates or to do both. In all cases, the Member shall remain fully responsible for the inspection and certification of the working and living conditions of the seafarers concerned on ships that fly its flag.
  4. A maritime labour certificate, complemented by a declaration of maritime labour compliance, shall constitute prima facie evidence that the ship has been duly inspected by the Member whose flag it flies and that the requirements of this Convention relating to working and living conditions of the seafarers have been met to the extent so certified.
  5. Information about the system referred to in paragraph 2 of this Regulation, including the method used for assessing its effectiveness, shall be included in the Member's reports to the International Labour Office pursuant to article 22 of the Constitution.

Standard A5.1.1 - General Principles

  1. Each Member shall establish clear objectives and standards covering the administration of its inspection and certification systems, as well as adequate overall procedures for its assessment of the extent to which those objectives and standards are being attained.
  2. Each Member shall require all ships that fly its flag to have a copy of this Convention available on board.

Guideline B5.1.1 - General Principles

  1. The competent authority should make appropriate arrangements to promote effective cooperation between public institutions and other organizations, referred to in Regulations 5.1.1 and 5.1.2, concerned with seafarers' shipboard working and living conditions.
  2. In order to better ensure cooperation between inspectors and shipowners, seafarers and their respective organizations, and to maintain or improve seafarers' working and living conditions, the competent authority should consult the representatives of such organizations at regular intervals as to the best means of attaining these ends. The manner of such consultation should be determined by the competent authority after consulting with shipowners' and seafarers' organizations.

Regulation 5.1.2 - Authorization of Recognized Organizations

  1. The public institutions or other organizations referred to in paragraph 3 of Regulation 5.1.1 ("recognized organizations") shall have been recognized by the competent authority as meeting the requirements in the Code regarding competency and independence. The inspection or certification functions which the recognized organizations may be authorized to carry out shall come within the scope of the activities that are expressly mentioned in the Code as being carried out by the competent authority or a recognized organization.
  2. The reports referred to in paragraph 5 of Regulation 5.1.1 shall contain information regarding any recognized organization, the extent of authorizations given and the arrangements made by the Member to ensure that the authorized activities are carried out completely and effectively.

Standard A5.1.2 / Guidelines B5.1.2 - Authorization of Recognized Organizations

Standard A5.1.2 / Guideline B5.1.2 - Authorization of Recognized Organizations PDF

Regulation 5.1.3 - Maritime Labour Certificate and Declaration of Maritime Labour Compliance

  1. This Regulation applies to ships of:
    1. 500 gross tonnage or over, engaged in international voyages; and
    2. 500 gross tonnage or over, flying the flag of a Member and operating from a port, or between ports, in another country.

For the purpose of this Regulation, “international voyage” means a voyage from a country to a port outside such a country.

  1. This Regulation also applies to any ship that flies the flag of a Member and is not covered by paragraph 1 of this Regulation, at the request of the shipowner to the Member concerned.
  2. Each Member shall require ships that fly its flag to carry and maintain a maritime labour certificate certifying that the working and living conditions of seafarers on the ship, including measures for ongoing compliance to be included in the declaration of maritime labour compliance referred to in paragraph 4 of this Regulation, have been inspected and meet the requirements of national laws or regulations or other measures implementing this Convention.
  3. Each Member shall require ships that fly its flag to carry and maintain a declaration of maritime labour compliance stating the national requirements implementing this Convention for the working and living conditions for seafarers and setting out the measures adopted by the shipowner to ensure compliance with the requirements on the ship or ships concerned.
  4. The maritime labour certificate and the declaration of maritime labour compliance shall conform to the model prescribed by the Code.
  5. Where the competent authority of the Member or a recognized organization duly authorized for this purpose has ascertained through inspection that a ship that flies the Member’s flag meets or continues to meet the standards of this Convention, it shall issue or renew a maritime labour certificate to that effect and maintain a publicly available record of that certificate.
  6. Detailed requirements for the maritime labour certificate and the declaration of maritime labour compliance, including a list of the matters that must be inspected and approved, are set out in Part A of the Code.

Standard A5.1.3 / Guidelines B5.1.3 - Maritime Labour Certificate and Declaration of Maritime Labour Compliance

Standard A5.1.3 / Guideline B5.1.3 PDF

Regulation 5.1.4 - Inspection and Enforcement

  1. Each Member shall verify, through an effective and coordinated system of regular inspections, monitoring and other control measures, that ships that fly its flag comply with the requirements of this Convention as implemented in national laws and regulations.
  2. Detailed requirements regarding the inspection and enforcement system referred to in paragraph 1 of this Regulation are set out in Part A of the Code.

Standard A5.1.4 / Guidelines B5.1.4 - Inspection and Enforcement

Standard A5.1.4/ Guideline B5.1.4 PDF

Regulation 5.1.5 - On-board Complaint Procedures

  1. Each Member shall require that ships that fly its flag have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of this Convention (including seafarers’ rights).
  2. Each Member shall prohibit and penalize any kind of victimization of a seafarer for filing a complaint.
  3. The provisions in this Regulation and related sections of the Code are without prejudice to a seafarer’s right to seek redress through whatever legal means the seafarer considers appropriate.

Standard A5.1.5 / Guidelines B5.1.5 - On-board Complaint Procedures

Standard A5.1.5/ Guideline B5.1.5 PDF

Regulation 5.1.6 - Marine Casualties

  1. Each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag. The final report of an inquiry shall normally be made public.
  2. Members shall cooperate with each other to facilitate the investigation of serious marine casualties referred to in paragraph 1 of this Regulation.

Disclaimer: For general information purpose only - please check with ILO MLC 2006 for the latest requirements and accurate info

LAST UPDATED ON Aug 11, 2021