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SESSION 3

SESSION 3. TITLE 5 – FLAG STATE INSPECTION AND CERTIFICATION. AIMS. To discuss the MLC,2006 requirements associated with flag state inspection and certification. General principles. National provisions implementing the MLC,2006: National determinations; National flexibility;

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SESSION 3

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  1. SESSION 3 TITLE 5 – FLAG STATE INSPECTION AND CERTIFICATION

  2. AIMS • To discuss the MLC,2006 requirements associated with flag state inspection and certification

  3. General principles National provisions implementing the MLC,2006: • National determinations; • National flexibility; • National inspection system; • Recognized Organizations (ROs).

  4. Certification • Maritime Labour Certificate (Regulation 5.1.3) • Interim Maritime Labour Certificate (Regulation 5.1.3) • Declaration of Maritime Labour Compliance (DMLC) (Regulation 5.1.3)

  5. The MLC,2006 flag State inspection system Key features: • Compliance with national regulations, collective bargaining agreements, etc. • The DMLC - Part I (completed by the competent authority) - Part II (completed by the shipowner)

  6. The inspection process Nature of the MLC,2006 inspection: • Technique • Preparation • Reporting

  7. The certification process • Application to all ships • Ships not subject to certification • Requests for certification • Reports of inspection

  8. The inspection process • Must be within the 2nd and 3rd anniversaries • Renewal Inspection • Should be within 3 months of the expiry of the old certificate • Change of flag or ownership

  9. Phasing-in of certification on entry into force of the Convention Year 1: bulk carriers and passenger ships Year 2: all other ships requiring a certificate

  10. Inspecting the MLC, 2006 maritime labour requirements • General • Areas of inspection • Mandatory areas for certification • Chapter 3 of the inspection guidelines • Aide mémoires

  11. Action to be taken if deficiencies are identified (Chapter 4 of the Flag State Guidelines) • Does the deficiency seriously affect the safety of the ship? • Is it a significant danger to the safety, health or security of any seafarer? • Is it a serious breach of requirements (including seafarer rights)?

  12. Action to be taken if deficiencies are identified (Chapter 4 of the Flag State Guidelines) • Rectification plan • Report of inspection • Authority, reasonableness, confidentiality

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