Transport Malta has issued Merchant Shipping Notice 105 Rev.2, outlining updated guidance on the application and enforcement of the Maritime Labour Convention, 2006 (MLC) across Maltese-flagged vessels. The notice clarifies obligations for shipowners, operators, masters, and Recognised Organisations, focusing on certification, compliance mechanisms, and seafarer protection.
Key Points
1. Scope of Application
Malta reaffirms that the MLC applies to all Maltese-flagged ships engaged in commercial activity, with specific exemptions including vessels operating solely within Malta, offshore units not engaged in navigation, fishing vessels, and non-commercial yachts.
2. Definition of Seafarers
The Directorate lists categories of personnel not considered seafarers for MLC purposes—such as port workers, pilots, surveyors, armed guards on short voyages, and certain technicians—reducing ambiguity for shipowners. Additional exemptions may be requested on a case-by-case basis.
3. Role of Recognised Organisations
Malta delegates MLC inspections and certification to approved ROs. Shipowners must prepare a compliant DMLC Part II, which the RO verifies and endorses following an onboard inspection.
4. DMLC Requirements
A ship-specific Declaration of Maritime Labour Compliance (DMLC) must be carried onboard at all times. Updates are required when ship particulars, exemptions, or ownership change.
5. Certification & Inspection Regime
- Ships ≥500 GT receive a Maritime Labour Certificate, valid for five years.
- Intermediate inspections occur between the second and third anniversary.
- Renewal and interim certificate procedures are clearly defined.
- Ships <500 GT may request voluntary certification to avoid PSC delays.
6. Exemptions & Equivalencies
Previous crew accommodation certificates are no longer required; all exemptions and equivalencies must be reflected in the DMLC Part I, with amendments necessitating re-issue.
7. Seafarer Complaint Procedures
All ships must maintain fair, confidential onboard complaint procedures. Seafarers must be provided with:
- A copy of the procedure,
- Contact details for the ship’s designated MLC officer,
- Contact details for the Merchant Shipping Directorate and relevant national authorities.
8. Health & Safety Responsibilities
Shipowners must ensure safe working environments, conduct risk assessments, and maintain documentation onboard. Seafarers also have duties to act responsibly for their own safety and that of others.
9. ISM Code Linkage
Non-compliance with MLC requirements may constitute an ISM non-conformity and could result in withdrawal of the vessel’s Safety Management Certificate.
10. Enforcement & Withdrawal of Certification
Certificates may be withdrawn in cases of serious or repeated deficiencies, failure to complete inspections, or substantial modifications to the vessel.
Please review the shipping notice for full details.
Vassallo Associates can advise on all legal and technical aspects of your maritime organisation. Please do not hesitate to contact us to discuss your requirements.