MLC comes into force in Ireland

TIN news:      The Irish Maritime Administration, Department of Transport, Tourism and Sport issued a Marine Notice to give guidance and details in respect of the MLC 2006 in respect of the following:
 
    Inspection and certification of ships of 500 GT or over,
    Inspection for compliance of ships less than 500 GT,
    Onboard Complaint procedures - addressed in Annex I.
 
The Merchant Shipping (Maritime Labour Convention) (Flag State Inspection and Certification) Regulations 2014 (S.I. 376 of 2014) is the applicable statutory instrument in respect of the MLC 2006 for Irish flagged ships.
 
The MLC 2006 will apply to all seagoing Irish ships.
 
“seagoing”, in relation to a ship, means-
 
    a ship in respect of which a certificate is required to be in force in accordance with the Merchant Shipping (Load Lines) Act 1968 (No. 17 of 1968),
    a passenger boat that proceeds to sea of Class P3, P4, P5 or P6, in respect of which a passenger boat licence is required to be in force in accordance with the Act of 1992,
    a passenger ship of Class I, II, II(A), III or VI in respect of which a passenger ship certificate is required to be in force in accordance with the Act of 1992,
    a passenger ship of Class A, B, C or D in respect of which a passenger ship safety certificate is required to be in force in accordance with the Regulations of 2011,
    a high-speed passenger craft in respect of which a High Speed Craft Safety Certificate and a Permit to Operate High Speed Craft outside waters of Categories A, B, C or D are required to be in force in accordance with the Regulations of 2011,
    a Dynamically Supported Craft (“DSC”) in respect of which a DSC Construction and Equipment Certificate, and a DSC Permit to Operate High Speed Craft outside waters of Categories A, B, C or D are required to be in force in accordance with the Regulations of 2011, or
    any other ship that proceeds to sea beyond the limits of smooth or partially smooth waters;
 
“ship” means any vessel, whether publicly or privately owned, which is ordinarily engaged in commercial operations, being a vessel other than a fishing vessel, warship or naval auxiliary.
 
Certification
 
All seagoing ships of 500 GT or more, as per the Regulations1 , are required to carry a Maritime Labour Certificate. Recognised Organisations may issue certification on behalf of the Minister, as per Regulation 7 of S.I. 376 of 2014. Those who already have Statements of Compliance issued by a Recognised Organisation, should contact that RO to exchange it for an international certificate with the same periods of validity.
 
Ships of less than 500 GT and ships over 500GT which operate domestically are not required to carry an MLC certificate but may apply for certification; it is then mandatory to comply with intermediate and renewal inspection requirements. All ships less than 500 GT to which the Convention applies and ships over 500GT which operate domestically will be inspected at least once every three years to ensure compliance.
 
Certification and inspection of ships
 
Ships of over 500 GT and ships which apply for certification will be subject to the following inspections:
 
    Initial Inspection – before the issue of an MLC Certificate;
    Intermediate Inspections – between the second and third year of validity of the Maritime Labour Certificate to ensure on-going compliance with the MLC 2006; and
    Renewal Inspection – at five yearly intervals.
 
An interim Maritime Labour Certificate (see Regulation 12 of S.I. 376 of 2014) may be issued when a ship is:
 
    a new Irish ship on delivery,
    transferred from the flag of another state to the State and becomes an Irish ship,
    a ship the responsibility for the operation of which is new to the shipowner
 
Ships which are not required to carry a Maritime Labour Certificate will be subject to an inspection at least once every three years. A record of the inspection is to be carried on board. Marine Surveyors from the Marine Survey Office will carry out the MLC inspection.