IE
S.I. No. 376/2014 - Merchant Shipping (Maritime Labour Convention) (Flag State Inspection and Certification) Regulations 2014.
Table of Provisions (18)
Statutory Text (18 Articles)
1. Minimum age (Regulation 1.1)
2. Medical certification (Regulation 1.2)
3. Qualifications of seafarers (Regulation 1.3)
4. Seafarers’ employment agreements (Regulation 2.1)
5. Use of any licensed or certified or regulated private recruitment and placement service (Regulation 1.4)
6. Hours of work or rest (Regulation 2.3)
7. Manning levels for the ship (Regulation 2.7)
8. Accommodation (Regulation 3.1)
9. On-board recreational facilities (Regulation 3.1)
10. Food and catering (Regulation 3.2)
11. Health and safety and accident prevention (Regulation 4.3)
12. On-board medical care (Regulation 4.1)
13. On-board complaint procedures (Regulation 5.1.5)
14. Payment of wages (Regulation 2.2)
I hereby certify that the above measures have been drawn up to ensure ongoing compliance, between inspections, with the requirements listed in Part I.
Name of Shipowner: ........
Company address:........
Name of the authorised signatory:........
Title: ........
Signature of the authorised signatory
Date: ........
(Stamp or seal of the shipowner)
The above measures have been reviewed by (
insert name of competent authority or duly recognised organisation
) and, following inspection of the ship, have been determined as meeting the purposes set out under Standard A5.1.3, paragraph 10(
b
), regarding measures to ensure initial and ongoing compliance with the requirements set out in Part I of this Declaration.
Name:........
Title:........
Address:........
Signature:........
Place:........
Date:........
(Seal or stamp of the authority, as appropriate)
SCHEDULE 2
Regulation 12
Interim Maritime Labour Certificate
Issued under the provisions of Article V and Title 5 of theMaritime Labour Convention, 2006
(referred to below as “the Convention”)
under the authority of the Government of
(full designation of the State whose flag the ship is entitled to fly)
by ........
(full designation and address of the competent authority or recognised organisation duly authorised under the provisions of the Convention)
Particulars of the ship
Name of ship........
Distinctive number or letters........
Port of registry........
Date of registry........
Gross tonnage
1
........
1 For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II(1)(c) of the Convention.
IMO number ........
Type of ship ........
Name and address of the shipowner........
This is to certify, for the purposes of Standard A5.1.3, paragraph 7, of the Convention, that
(
a
)this ship has been inspected, as far as reasonable and practicable, for the matters listed in Appendix A5-I to the Convention, taking into account verification of items under (
b
), (
c
) and (
d
) below;
(
b
)the shipowner has demonstrated to the competent authority or recognised organisation that the ship has adequate procedures to comply with the Convention;
(
c
)the master is familiar with the requirements of the Convention and the responsibilities for implementation; and
(
d
)relevant information has been submitted to the competent authority or recognised organisation to produce a Declaration of Maritime Labour Compliance.
This Certificate is valid until ............................. subject to inspections in accordance with Standards A5.1.3 and A5.1.4.
Completion date of the inspection referred to under (
a
) above was........
Issued at..................................................................on........
Signature of the duly authorised official
issuing the interim certificate........
(Seal or stamp of issuing authority, as appropriate)
GIVEN under my Official Seal,
7 August 2014.
PASCHAL DONOHOE,
Minister for Transport, Tourism and Sport.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations
(
a
) implement the provisions of the Maritime Labour Convention 2006 relating to flag State responsibilities;
(
b
) implement provisions of Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC; and
(
c
) implement Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006.
These Regulations set out the requirements of the Maritime Labour Convention regarding flag State responsibilities.
The Regulations provide that every seagoing Irish ship of 500 gross tonnage or over that operates internationally is required to be certified under the Maritime Labour Convention. The Regulations set out provisions regarding the inspection of ships, recognised organisations, the procedure regarding application for certification, and the issue of the maritime labour certificate and the Declaration of Maritime Labour Compliance (DMLC). The circumstances under which an interim maritime labour certificate may be issued, are also set out.
The Regulations also set out the Convention requirements regarding on-board complaints procedures.
1 OJ No. L 124, 20.5.2009, p. 30
2 OJ No. L 329, 10.12.2013, p. 1
1For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II(1)(c) of the Convention.
1 For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II(1)(c) of the Convention.
15. (1) For the purposes of verifying that—
(
a
) these Regulations and Irish MLC requirements are being complied with, and
(
b
) the working and living conditions of seafarers on board the ship meet and, continue to meet, Irish MLC requirements,
a surveyor of ships may—
(i) at all reasonable times go on board a ship and inspect the ship, its equipment, any article and any document carried on it,
(ii) make such tests (either on the ship or ashore or at dock), ask such questions, carry out any examination, test or inquiry which the surveyor of ships considers necessary,
(iii) in advance of an inspection or during an inspection, require the production of any books, log books, registers, certificates or other documents, records or other information related to the matters listed in Appendix A5-I of the Convention or Part I of a DMLC, as the case may be,
(iv) check the maritime labour certificate and DMLC and other documents required to be kept on board the ship,
(v) inspect and take copies of, or extracts from, records or documents pertaining to the ship, found on the ship,
(vi) take photographs or make any record or visual recording of any activity on the ship, or
(vii) require that such corrective measures are taken as the surveyor of ships considers necessary having regard to any deficiencies identified.
(2) In exercising his or her powers under paragraph (1), a surveyor of ships shall make all possible efforts to avoid a ship being unduly delayed.
(3) In this Regulation, “surveyor of ships” includes a recognised organisation.
On-board complaints procedure
16. (1) The shipowner or the master of a ship to which these Regulations apply shall ensure that there is available to a seafarer on that ship a procedure to make a complaint alleging a breach of the requirements of the Convention, these Regulations or Irish MLC requirements and for that complaint to be resolved fairly, effectively and expeditiously.
(2) A complaints procedure referred to in paragraph (1) shall—
(
a
) seek to have the matter resolved at the lowest level possible on board the ship,
(
b
) enable a seafarer to complain directly to the master of the ship and appropriate external authorities, and
(
c
) include the right of a seafarer to be accompanied or represented during any hearing which takes place under that procedure.
(3) A shipowner and the master of a ship shall ensure that a seafarer joining a ship is or has been provided with—
(
a
) a copy of the complaint procedure applicable on board the ship referred to in paragraph (1),
(
b
) contact information for the competent authority,
(
c
) where applicable, contact information for the authority which is the competent authority in the seafarer’s country of residence, and
(
d
) the name of the person on board the ship who can, on a confidential basis, provide the seafarer with impartial advice on their complaint and otherwise assist them in following the complaint procedure.
(4) A seafarer may make a complaint to a surveyor of ships alleging a breach of the requirements of the Convention, and the surveyor of ships shall treat the source of the information provided in the complaint as confidential.
(5) The shipowner or the master of a ship shall ensure that a seafarer is not subject to any victimisation on the grounds that the seafarer has made a complaint, whether through an on-board procedure or through the auspices of a surveyor of ships, alleging a breach of the requirements of the Convention.
(6) For the purposes of paragraph (2)(
a
), seeking to resolve a complaint at the lowest level possible means—
(
a
) having the complaint considered by the lowest level of manager or officer who has the expertise or authority appropriate to consider such a complaint, provided that the person considering the complaint is not directly involved with the particular complaint,
(
b
) if that person is unable to resolve or reject the complaint, referring the complaint for consideration by the next level of manager or officer who has the expertise and authority appropriate to consider such a complaint, provided that the person considering the complaint is not directly involved with the particular complaint, and
(
c
) referring the complaint to successively higher levels of manager or officer, who has such expertise and authority, for his or her consideration until it is resolved or rejected.
(7) Nothing in this Regulation shall affect any right of complaint or redress that a seafarer has apart from this Regulation.
(8) A shipowner or master who fails to comply with this Regulation commits an offence.
(9) In this Regulation—
“external authorities” include—
(
a
) the competent authority,
(
b
) the competent authority in a seafarer’s country of residence,
(
c
) a port state inspector;
“victimisation” means any adverse action taken or threatened by any person against a seafarer for making a complaint that is not manifestly vexatious or maliciously made and includes any adverse action taken or threatened by any person against a person who supports or assists a seafarer in making a complaint.
Other offences
17. (1) Any person who—
(
a
) forges or counterfeits a maritime labour certificate or an interim maritime labour certificate,
(
b
) knowingly alters a maritime labour certificate or an interim maritime labour certificate,
(
c
) in connection with any inspection carried out in accordance with these Regulations, furnishes false information knowing it to be false or being reckless as to whether it is so,
(
d
) with intent to deceive, uses, lends or allows to be used by another, a maritime labour certificate or an interim maritime labour certificate, or
(
e
) obstructs or impedes or, without reasonable excuse, fails to comply with a request or requirement of a surveyor of ships or a recognised organisation in exercising a power conferred on such a person under Regulation 15,
commits an offence.
SCHEDULE 1
Regulation 11
Maritime Labour Certificate
(Note: This Certificate shall have a Declaration of Maritime Labour Compliance attached)
Issued under the provisions of Article V and Title 5 of theMaritime Labour Convention, 2006
(referred to below as “the Convention”)
under the authority of the Government of
(full designation of the State whose flag the ship is entitled to fly)
by ........
(full designation and address of the competent authority or recognised organisation duly authorised under the provisions of the Convention)
Particulars of the ship
Name of ship........
Distinctive number or letters........
Port of registry........
Date of registry........
Gross tonnage
1
........
1For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II(1)(c) of the Convention.
IMO number........
Type of ship........
Name and address of the shipowner........
........
This is to certify
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
12
th August
, 2014.
I, PASCHAL DONOHOE, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by
section 87
of the
Merchant Shipping Act 2010
(No. 14 of 2010) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 (
S.I. No. 141 of 2011
)), and for the purpose of giving effect to Council Directive 2009/13/EC of 16 February 2009
1
and to Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013
2
, hereby make the following regulations
Citation and commencement