Transport Malta’s Merchant Shipping Directorate has issued Merchant Shipping Notice 105 Rev.3, introducing revised procedural guidance for the implementation of the Maritime Labour Convention (MLC), 2006, as amended.
Issued on 26 August 2026, the Notice is addressed to shipowners, ship operators, managers, masters, owners’ representatives and Recognised Organisations (ROs). It provides updated guidance on the application of Malta’s Merchant Shipping (Maritime Labour Convention) Rules, including the identification of seafarers, certification, inspections, declarations of compliance, onboard complaints, recruitment and placement, and health and safety requirements.
The revised Notice is particularly relevant to owners and managers of Malta-flagged commercial vessels seeking to maintain MLC compliance and valid certification.
Clarification of MLC application
The Notice confirms that Malta’s MLC Rules apply to Maltese-flagged ships ordinarily engaged in commercial activities, wherever they operate, as well as other ships ordinarily engaged in commercial activities while in Maltese waters.
Transport Malta also identifies a number of vessels to which the MLC does not apply. These include vessels operating exclusively between ports and facilities within Malta, certain offshore units that are not ordinarily engaged in navigation or international voyages, objects under tow, fishing vessels and yachts in non-commercial use.
The Notice provides further clarification regarding the definition of a “seafarer”. Certain personnel, including port workers, pilots and port officials, ship surveyors and auditors, superintendents, and certain scientists, researchers, technicians and riding crew whose principal employment is ashore, are generally not considered seafarers for MLC purposes. Shipowners can seek a determination from the Directorate where other categories of personnel may fall outside the definition.
DMLC and Maritime Labour Certificate requirements
A central aspect of the revised guidance concerns the Declaration of Maritime Labour Compliance (DMLC).
The DMLC Part I is prepared by the Merchant Shipping Directorate and identifies the applicable national requirements, while DMLC Part II is prepared by the shipowner and sets out the measures adopted to ensure ongoing compliance.
The relevant RO examines DMLC Part II and carries out the required inspection before endorsing the document. The DMLC must be carried onboard together with the Maritime Labour Certificate and made available to seafarers and relevant inspectors or representatives when requested.
Shipowners requiring a ship-specific DMLC Part I must apply to the Directorate before preparing DMLC Part II. The Notice confirms that the applicable fee for the issue of a DMLC is €50.
Certification and inspection requirements
For vessels of 500 GT or more to which the MLC applies, a Maritime Labour Certificate and DMLC must be issued following a satisfactory initial onboard inspection. The Maritime Labour Certificate may be valid for up to five years.
The certificate is subject to an intermediate inspection between the second and third anniversary dates. Failure to complete the required intermediate inspection means that the Maritime Labour Certificate will cease to be valid.
Ships below 500 GT remain subject to inspection at intervals not exceeding three years, although a Maritime Labour Certificate may be obtained voluntarily. Transport Malta recommends certification for these vessels as it may assist with port State control inspections and help avoid unnecessary delays in port.
The Notice also sets out the circumstances in which an Interim Maritime Labour Certificate may be issued, including when a vessel is newly delivered, new to a company, changes flag to Malta or is reactivated following a period of lay-up. An Interim Certificate may be issued for a period of up to six months.
Compliance, complaints and seafarer protection
The revised guidance reinforces shipowners’ responsibilities towards seafarers. Every Maltese shipowner must enter into a Seafarer Employment Agreement with each seafarer in accordance with the applicable MLC Rules.
Ships must also maintain effective onboard complaint procedures enabling seafarers to raise concerns regarding breaches of the MLC. These procedures must provide appropriate avenues for escalation and include safeguards against victimisation. Seafarers must also have access to relevant contact information and confidential assistance when pursuing a complaint.
The Notice further sets out requirements concerning the use of recruitment and placement services, including the requirement for Malta-flagged shipowners using manning agents to ensure that applicable licensing, certification or regulatory requirements are satisfied.
Health and safety and ISM Code implications
Transport Malta emphasises that shipowners have a duty to protect the health and safety of persons onboard, including through the provision of safe equipment and working environments, appropriate training and supervision, and the identification and assessment of occupational health and safety risks.
Shipowners are required to maintain written or electronically retrievable risk assessments onboard and ensure that these are regularly updated.
Importantly, the Directorate considers elements of the MLC to be an extension of the International Safety Management (ISM) Code. Failure by a Malta-flagged vessel to comply with the MLC may therefore constitute an ISM Code non-conformity and could potentially lead to withdrawal of the vessel’s Safety Management Certificate.
Existing DMLCs remain valid
Transport Malta has confirmed an important transitional position in relation to the revised guidance.
Any DMLC issued before 1 September 2026 which remains valid will continue to be valid unless it is replaced or renewed. The Directorate also recommends that a copy of Merchant Shipping Notice 105 Rev.3 is retained onboard as part of the vessel’s MLC documentation.
The revised Notice therefore provides an important compliance reference for Malta-flagged shipowners, operators and managers, particularly in relation to MLC certification, onboard documentation, inspection requirements and the continuing protection of seafarers’ working and living conditions.
Please review the full shipping notice for 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.